defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, im proper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.
CONTRACTOR warrants that title to all work covered b y an application for payment will pass to the CITY either by incorporati on i n the construction or upon the rece ipt of payment b y the CONTRA CTOR, whichever occurs first, free and clear of all liens.
CONTRACTOR warrants and guarantees that title to all work , materials, and equipment covered by any application for payment, wheth er incorporated in the project or not, will pass to CITY no later t han the time of payment free and clear of all liens.
No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condi tion of sale contract or other agreement by w hich an in terest is retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.
CONTRACTOR shall indemnify and hold CITY h armless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanic s, material persons, and furnishers of machinery and parts thereof, equipment, p ower tools, and all supplies, incurred in furtherance of the performance of this Agreement. CONTRACTOR shall, at CITY’s reques t, furnish s atisfactory evidence that all obligat ions of the nature here an d above designated h ave been paid, discharged, or waiv ed. If CONTRACTOR fails to do so, then CITY may , after having served wr itten notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTR ACTOR’s unpaid compe nsation a sum of money deemed reas onably sufficient to pay any and all such lawful claims until satisfacto ry evidence is furnished that a ll liabi lities have been fully disch arged where upon payment to the CONTRACTOR shall be resumed, in accordance of the t erms of this Agreement, but in no event shall the provisions of this sentence be c onstrued to impose any o bligations on the CITY to eithe r the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRA CTOR, the CITY shall be deemed the agent of th e CONTRACTOR and any payment so ma de by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CIT Y shal l not be l iable to the CONTRACTOR for any such payments made in good faith.
Any defective work that is e ither corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.
J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of thi s Agreement, the prevail ing party, as deter mined by the court or arbitra tor, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
K. Headings: Section headings are p rovided for organizatio nal purpos es only and do not in an y manner affect the scope or intent of the provisions thereunder.
L. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
M. Executive Order N -6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding E conomic Sanctions against Russia and Russian entities and individuals. “Economi c Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukrain e, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. According ly, should the State determine Contractor is a target of Economic S anctions or is conducting prohibited transactions with sanctioned individuals o r entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advanc e written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP NO. 23-24-30
Attachment 2
INSURANCE REQUIREMENTS
1. Contractor Insurance. CONTRACTOR, at its so le cost and expen se, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compl iance with all of the following insurance coverage(s) and requirements. Such insurance cov erage shall be primary coverage as respects CITY an d any insurance or self -insurance maintai ned by CITY sh all be in excess o f CONTR ACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement , CONT RACTOR shall obtain and maintain in dependent insu rance as to each subcontractor or otherwise provide evidenc e of insur ance coverag e fo r each subcontractor equiva lent to that required of CONTRACTOR.
3. Types o f Insurance and Minimum Li mits. The follow ing ty pes of insurance and mi nimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in acc ordance with th e laws of the State of California providing coverage for any and all emplo yees o f CONTRACTOR in the min imum statuto rily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of t his Agreement, including owned, non -owned (e.g . owned by CONTRACTOR’s em ployees or contra ctors), leased or hired vehic les, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Professional Liabi lity Insurance coverage, in an am ount not less than One Million Dollars ($1,000,000).
d. Comprehensive or Com mercial General Liabili ty I nsurance coverage in the mi nimum am ount o f $1,000,000 combined single limit, including coverage for:
(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance co verage required in this A greement is provid ed on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to m aintain the required coverage for a period of three (3) years after the expiration of this A greement (hereinafter “post agreement coverage”) and any extensio ns thereof.
CONTRACTOR may maintain the required post agreem ent coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both availab le a nd reasonably affordable in relation to the co verage provided during t he term of this Agreement. For purpo ses of interpreting this requirement, a cost not exceeding 100% of the la st annual policy premium during the term of this Agreemen t in order to p urchase prior acts or tai l cove rage for post agree ment c overage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liab ility Insurance shall be endorsed t o contain the following clauses:
a. The City o f Visalia, its off icers, agents, employees, representatives, and vo lunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agree d th at any insuran ce main tained by the City of Vis alia s hall app ly in exce ss of and not contribute with insurance provided by this policy.
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PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP NO. 23-24-30
c. This insurance shall not be canceled, limite d in s cope or coverage, or non -renewed until after th irty (30) days prior written notice h as been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291.
6. Proof of Coverage.
CONTRACTOR agrees to pr ovide its insurance broker(s) with a full copy of these insurance prov isions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of al l the required Endorsements shall be a ttached to the Certificate(s) of I nsurance or other evidence of insura nce acceptable to the City of Visali a, which shall be provided by C ONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proo f of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia Purchasing Division
707 W. Acequia
Visalia, CA 93291
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PLAYGROUND DESIGN & INSTALLATION SERVICES AT ROTARY PARK RFP NO. 23-24-30
SAMPLE CONTRACTOR AFFIDAVIT
I, declare under penalty of perjury
(Affidavit’s Name)
under the laws of the State of California and the provisions of the California Labor Code §1771,
§1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:
1. I am the of and I
(Officer, Owner, Partner) (Company)
am responsible for the payment of persons employed by
(Company)
who performed work on the City of Visalia Project entitled:
2. During all payroll periods from through ,
(first work date) (last work date)
all persons employed by on this project
(Company)
have at all times been paid, at a minimum, the specified general prevailing rate of
per diem wages and any amounts due.
3. During all payroll periods on this project, all apprenticeship requirements have been
complied with.
Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________ (Signature) (Date)
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Rotary Park Site Map
Playground Area
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CITY OF VISALIA
RFP–23-24-30
Playground Design & Installation Services at Rotary Park
Proposal Evaluation Form (Step 1)
Instructions: Each evaluator is to review the written proposals submitted and evaluate them. The maximum number of scores that can be given to a category is listed. Addi tional comments can be added in the section below . Please list Proposer’s Name in the space provided below.
Proposer Name: __________________________________________________
Contact: ________________________________________________________
Option Number: ________________ (if applicable)
Criteria Max Points Points Scored
Proposal addresses design guidelines and specifications 25 Quality of design, play value and target demographic 20 Quality and durability of equipment 20
Uniqueness of equipment 15
Reputation and reliability of manufacturer 10
Overall quality of proposal
10 100 Points Possible Total: _________
Comments:
_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________
Evaluator’s Name: _________________________________________ Date:__________________
Project Manager is to return all Evaluation Sheets to the Purchasing Division for tabulation and record.
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CITY OF VISALIA
RFP–23-24-30
Playground Design & Installation Services at Rotary Park
Proposal Evaluation Form (Step 2)
Instructions: Each evaluator is to review the fees submitted for the top two (2) candidates resulting from t he proposal evaluation in S tep 1, and re -evaluate taking price into consideration . The maximum number of scores that can be given to a category is listed. Additional comments can be added in the section below. Please list Proposer’s Name in the space provided below.
Proposer Name: __________________________________________________
Contact: ________________________________________________________
Option Number: ________________ (if applicable)
Criteria Max Points Points Scored
Fee Evaluation based on proposal submittal 10
10 Points Possible Total: _________
Comments:
_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________
Evaluator’s Name: _________________________________________ Date:__________________
Project Manager is to return all Evaluation Sheets to the Purchasing Division for tabulation and record.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0135 Agenda Date: 4/15/2024 Agenda #: 7.
Agenda Item Wording:
Playground Award - Authorize the City Manager to award a contract to Playground Design & Installation Services at Jefferson Park to R. E. Schultz for a not-to-exceed amount of $236,415.
Deadline for Action: 4/15/2024
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713- 4564; [email protected] <mailto:[email protected]> John Lollis, Assistant City Manager 713-4323; [email protected] <mailto:[email protected]> Department Recommendation:
It is recommended that the City Council authorize the award of a construction contract for the installation of new playground equipment at Jefferson Park to R. E. Schultz Construction, Inc. of Orange, CA, in the amount of and not to exceed $236,415.00, per specifications of RFP 23-24-31.
Background Discussion:
At the December 20, 2021, City of Visalia Council Work Session, City Council approved the appropriation of $29,364,455 from the American Rescue Plan Act (ARPA), of which $3,900,000 were appropriated for citywide park improvements. There are several park projects that are slated to be completed with these funds, such as shade structures, arbor replacement, updating park amenities, and park playground replacement. Staff identified six parks that needed playground replacement due to age, vandalism, or the ability to obtain replacement parts. Jefferson Park is the sixth and final park of the six parks to go through the RFP process.
RFP #23-24-31 was advertised on January 2, 2024, and January 9, 2024, for the design, demo, and construction of a new play structure within the dimensions of the existing playground fall surfacing area. Two mandatory proposer conferences were conducted on January 17, 2024, and January 18, 2024, where staff answered questions and toured the playground area with several contractors. Proposals for the RFP were due on February 1, 2024. The City received a total of six design submissions from four proposers. A selection committee was formed and met on February 29, 2024, to review the design proposals and select the design they felt met the requirements of the RFP and gave the most playability to the community. The selection committee was comprised of four City staff members Daryl Tillman, Katrina Bonds, Julia Kirkman, and Zach Huff. These members were selected for the review committee to gain several different perspectives of the submitted designs, from both a maintenance and parent with small children’s standpoints.
The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that was established in RFP #23-24-31. During their review the committee felt that the proposals submitted by R. E. Schultz Option 1, and R. E. Schultz Option 2 had the top two designs. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then meet again on March 20, 2024, to review the cost for each of the top two designs and concluded that the R. E. Schultz Option 1 design proposal was the overall winner that best meets the requirements of RFP #23-24-31 and the needs of the Visalia City Council Printed on 4/12/2024Page 1 of 2
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File #: 24-0135 Agenda Date: 4/15/2024 Agenda #: 7.
community.
Fiscal Impact:
The fiscal impact for RFP 23-24-31 a construction contract for Playground Design & Installation Services at Jefferson Park is funded by the American Rescue Plan Act (ARPA) Fund 642, of which $3,900,000.00 has been budgeted.
Prior Council Action: None
Other: None
Alternatives: Reject proposals and go out for another Request for Proposals.
Recommended Motion (and Alternative Motions if expected):
I move to award a contract for the Playground Structure Replacement Project at Jefferson Park, to R. E.
Schultz Construction, Inc. (RFP 23-24-31) for a not to exceed amount of $236,415.00.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFP 23-24-31, RFP 23-24-31 Addendum 1, R. E. Schultz Construction, Inc. Proposal, R. E.
Schultz Construction, Inc. Fees, Evaluation Form.
Visalia City Council Printed on 4/12/2024Page 2 of 2
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CCIITTYY OOFF VVIISSAALLIIAA,, CCAA
RREEQQUUEESSTT FFOORR PPRROOPPOOSSAALLSS
RRFFPP ##2233--2244--3311
PLAYGROUND DESIGN & INSTALLATION SERVICES
AT JEFFERSON PARK
DDEESSCCRRIIPPTTIIOONN:: The City of Visalia is seeking proposals from qualified firms to design and i nstall a playground structure at Jefferson Park.
PPRROOPPOOSSEERR Two mandatory conferences have been scheduled for this project. Interested Bidders are CCOONNFFEERREENNCCEE:: required to attend at least one of the mandatory meetings to be considered eligible to propose on the project. Each meeting will be held on the dates/times below at Jefferson Park, located at 700 S. Watson Street in Visalia, CA.
Wednesday, January 17, 2024 @ 11:00 a.m. and
Thursday, January 18, 2024 @ 11:00 a.m.
SSUUBBMMIITTTTAALL One (1) unbound original and four (4 ) copies are due n o later than 2:30 p.m. on DDEEAADDLLIINNEE: Thursday, February 1, 2024.
AADDDDRREESSSS TTOO:: City of Visalia Purchasing Division 707 W. Acequia Avenue
Visalia, CA 93291
MMAARRKK RFP No. 23-24-31
EENNVVEELLOOPPEE:: Playground Design & Installation Services at Jefferson Park
IINNQQUUIIRRIIEESS::
Direct all ques tions to the City of Visalia Purchasing D ivision (559) 713 -4334. To prevent misinterpr etation, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected].
PUBLIC WORKS PROJECT:
Notice is hereby given that this is a Public Works Project. In compliance wit h SB854 and Labor Code Section 1725.5, all contractors, and subcon tractors (including Consultants and Sub -Consultants) bidding and performing work on Public Work s Projects must be currently registered with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner. 445
PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP No. 23-24-31
CITY OF VISALIA, CALIFORNIA
REQUEST FOR PROPOSALS (RFP) 23-24-31
Playground Design & Installation Services Jefferson Park
SEALED PROPOSALS will be received by the Purchasing D ivision located at 707 West Acequia, Visalia, CA 93291, until 2:30 p.m. on Thursday, February 1, 2024 , for Playground Design & I nstallation Services at Jefferson Park, located at 700 S. Watson Street , Visalia, CA. Interested Proposer s m ust propose on all items included in the specifications.
Two mandatory conferences have been scheduled for this project as follows:
Wednesday, January 17, 2024, and
Thursday, January 18, 2024
Interested Proposers are required to attend at least one of the mandatory meetings to be considered eligible to propose on the project. Each meeting will begin at 11:00 a.m. at Jefferson Park, located at 700 S. Watson Street in Visalia, CA.
PROJECT COMPLETION: Contractor shall order playground equipment an d shade structure within ten (10) days of receiving the Notice to Proceed and complete the project within forty-five (45) working days after equipment has been delivered.
REQUIRED BONDS: Awarded Contractor shall be re quired to submit a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for the full, compl ete and faithful performance of the agreement. I n add ition, Awarded Contra ctor shall be requi red to furnish a Labor and Materials Bond in the amount of one hundr ed percent (100%) of the agreement if sub contractors are proposed to be used to co mplete this project.
LICENSE REQUIREMENTS : No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class D-34 Contractor’s license (minimum). See Section III for additio nal Department of Industri al Relations Requirements applicable to this project.
PROJECT BUDGE T/ENGINEER’S ESTIMATE : The City of Visalia does not provide an Engineer’s Estimate, however the total approved budget for th is project is approximately $200,000 which is an estimate of the total project delivery cos ts. This project is supported, in whole or in pa rt, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project a re American Rescue Plan Act Funds (ARPA). Proposals are required for the entire work.
TO OBTAIN SPECIFIC ATIONS AND BID DOCUMENTS: Electronic versions of plans, bid forms , and other contract documents may b e requested from the office of the Purchasing Divisi on by calling (559) 713 -4334, or by emailing your request to: [email protected]. If documents do not exceed the email file size capacity, they will be emailed to requestors, otherwise a USB drive con taining the documents will be sent via U.S. m ail free of charge. If documents are requested to be shipped o vernight via Fed -ex, the Contractor is responsible for all shipping charges incurred and wil l be bill ed by the shipping company directly. Documents are also available at various builders’ exchanges.
QUESTIONS: Direct questions regarding this Project to the Purchasing Department, at (559) 713 -4334 or email:
[email protected], Questions must be received by 4:00 p.m. on Thursday, January 25, 2024.
PUBLIC WORKS CONTRACT: Notice is hereby given that this is a Publi c Works Project. Bidders/Contractors must be registe red with the California Departme nt of Ind ustrial Relations (DIR). In addition, contractors and subcontractors must be currently registered an d qualified to perform public work pursuant to CLC sectio n 1725.5 to be qualified to bid, be listed in a bid propos al, or perform any public work for the City. Proof of registration for each contractor and subcontractor is required to bid.
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PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP No. 23-24-31
This project will be subject to all applicable State and Federal Wage Determinations for all trades. The wages are set forth in the General Prevailing Wage Rate s for thi s project, available at City of Visalia address and available from the following website links: http://www.dir.ca.gov/dlsr/PWD/index.htm and http://www.wdol.gov/dba.aspx#0.
Contractor must comply wit h all State a nd Federal regulatio ns applicable to this contract, including prevailing wages. Prevailing wages paid shall be the higher of the two agencies (State & Federal).
Awarded Contractor will be required to furnish electronic payroll records for project to the Labor Commissioner. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.
THE CITY HEREBY AFFIRMATIVELY ENSURES that Minority Business Enterprises and Disadvantag ed Business Enterprises (DBE) will be afforded full opportunity to submit pro posals in response to this notice. Individuals and/or entities submitting bids/propo sals to the City of Visalia w ill not be disc riminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medica l condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military an d veteran st atus in any consideration leading to the award of contract.
The right is reserved by the City of Visali a to reject any or all prop osals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal w hich best serves the interests of said City.
Publish Dates: January 2, 2024
January 9, 2024
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PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP No. 23-24-31
TABLE OF CONTENTS
Title Page
I. Definitions .................................................................................................................................... 6 II. Introduction ................................................................................................................................. 6 A. Information ....................................................................................................................... 6 B. Purpose, Objective, and Services to be Provided ........................................................... 7 C. RFP/Agreement Schedule ............................................................................................... 7 III. Scope of Services ....................................................................................................................... 7 A. Required Product ............................................................................................................. 7 B. Services of the Consultant ............................................................................................... 8 C. Consultant Responsibilities .............................................................................................. 8 D. City Responsibilities ......................................................................................................... 9 IV. Proposal Content and Format Requirements .......................................................................... 9 A. General Information ......................................................................................................... 9 B. Proposed Project Approach ............................................................................................. 9 C. Staff Qualifications and Related Experience ................................................................. 10 D. Proposed Fee Structure and Schedules ........................................................................ 10 E. Required Forms ............................................................................................................. 11 V. Consultant Selection Procedure ............................................................................................. 11 A. Criteria and Evaluation Points ........................................................................................ 11 B. Background Check ......................................................................................................... 12 C. Award of Contract .......................................................................................................... 12 VI. General Conditions ................................................................................................................... 12 A. Important Notice ............................................................................................................ 12 B. Contracting Agency ....................................................................................................... 12 C. Legal Responsibilities ................................................................................................... 12 D. Insurance ...................................................................................................................... 13 VII. Examination of Contract Requirements and Acceptance of Proposal Content ................. 14 A. Withdrawal of Proposals ................................................................................................ 14 B. Rejection of Proposals ................................................................................................... 14 C. Evaluation/Award of Contract ........................................................................................ 15 D. Proposal Pricing Guidelines ........................................................................................... 16 E. Assignment of Contract .................................................................................................. 16 F. Right To Require Performance ...................................................................................... 16 G. Ethics in Public Contracting ........................................................................................... 16 H. Equal Employment Opportunity ..................................................................................... 16 I. Venue ............................................................................................................................. 17 J. Proprietary Information .................................................................................................. 17 K. Incurring Costs ............................................................................................................... 17 L. Firearms Prohibited ........................................................................................................ 17 M. Russia Sanctions ........................................................................................................... 17 VIII. Measurement and Payment ..................................................................................................... 17 A. Billing and Payments...................................................................................................... 17 IX. Special Conditions Applicable to this Public Works Contract ............................................. 18 A. Department of Industrial Relations Requirements ......................................................... 18 B. City of Visalia Labor Compliance Manual ...................................................................... 18 C. Bonds ............................................................................................................................. 18 D. Project Administrative Issues ......................................................................................... 18 Complete Project ..................................................................................................... 18 Quantities/Change Orders ....................................................................................... 18 Omitted Items .......................................................................................................... 19 Extra Work ............................................................................................................... 19 Removal of Obstructions ......................................................................................... 19 Clean Up .................................................................................................................. 19 E. City-Contractor Relations ............................................................................................... 19 Project Manager’s Responsibility and Authority ...................................................... 19 Contractor/Contractor’s Superintendent .................................................................. 20 Project Site/Existing Utilities and Structures ........................................................... 20 448
PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP No. 23-24-31
Signs, Barricades and Notice .................................................................................. 20 Labor (workmanship, qualification) .......................................................................... 20 Control of Materials ................................................................................................. 20 Storage of Materials ................................................................................................ 20 Materials and Shop Drawing Submittals ................................................................. 20 Forms (Must be completed and submitted with Proposal)
Contractor’s Information ................................................................................................................... 21 Contractor’s References .................................................................................................................. 22 Subcontractor Information ................................................................................................................ 23 Ownership Disclosure ...................................................................................................................... 24 Signature Page ........................................................................................................................... 25-26 Bidder’s Bond Form ......................................................................................................................... 27 Federal and State Requirements ..................................................................................................... 28 Acknowledgement ............................................................................................................................ 41 Attachments
Sample Contract .............................................................................................................................. 42 Sample Contractor’s Affidavit ........................................................................................................... 48
Exhibits Attached Separately
D-1. City of Visalia Labor Compliance Manual
D-2. Federal and State Prevailing Wage Determinations D-3. Site Maps
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PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP No. 23-24-31
II.. DDEEFFIINNIITTIIOONNSS
For the purposes of this RFP NO. 23-24-31, the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. "Bidder", "Vendor", " Supplier", “Consultant”, “Contractor” and “S ubrecipient” are used interchangeably throughout th is invitati on to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” ar e used inte rchangeably to mean an ind ividual’s or entit y’s offer in response to this Request for Proposal.
5. “RFP” means Request for Proposal No. 23-24-31
IIII.. IINNTTRROODDUUCCTTIIOONN
A. Information
The City of V isalia is r equesting proposals from qualified firms to provide the design and installation of new playground equipment and safety inspection for one (1) playground structure at Jefferson Park located at 700 S. Watson Street in Visalia, CA.
This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treas ury. Federa l Funds being utilized for this project are American Rescue Plan Act Funds (ARPA).
Plans & Specifications: An electronic version (flash drive) of the Plans and Specifications may be obtained free of charge at the Purchasing Division, 707 W. A cequia Street, Visalia, California, or by calli ng (559) 713- 4334, or emailing your request to [email protected]. Flash drives will be mailed out in U.S. Mail. If plans and specifications are requested to be shipped overnight, the Contractor will be respon sible for all shipping charges incurred and will be billed by the shipping company directly.
Prevailing Wages: Under the requirements of Labor Code section 1782 p assed by SB7 and in compliance with City of Visalia Ordinance 2014 -13, this public works project is subject to Federal and State prevailing wages as specified in this document and attachments.
This pro ject is being funded with federal funds and is subject to th e payment of predetermined minimum wages mandated by the Davis-Bacon Act of 1931. A copy of the state and federal wage rates is enclosed.
This project is subject to the payment of State or Federal wage rates, whichever rate is higher.
Ten (10) days before the closing date of the bid, the project manager will review the prevailing wage rates enclosed with this proposal for updates. If changes are made, these will be included as an addendum to this proposal request.
License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Bus iness and Professions Code and has a current minimum of a Class D-34 Prefabricated Equipment Contr actor’s license. See Section III for ad ditional Department of Industrial Relations Requirements applicable to this project.
Use of Subcon tractors: Your proposal may include su bcontractors and you should clearly d elineate the responsibilities of each of those participants within your proposal. However, the City will r ecognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications, terms and conditions of the Invitation to Bid.
This Requ est for Proposals is being issued by t he City of Vis alia Purchasing Department on behalf of the Parks Maintenance Division. Unless otherwise d irected, all communications regarding this Request for Proposals should be directed to the Purchasing Division at (559) 713-4334. However, to prevent misinterpretations, the P urchasing Division would prefer that all questions be se nt by email to [email protected].
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PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP No. 23-24-31
Any revisions to the Request for Pro posals will be issued and distributed as addenda. Proposers are specifically direct ed not t o contact any other City personnel for meetings, conferences or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for r ejection of proposals.
B. Purpose, Objective and Services to be Provided
Visalia is located east of State Highway 99 an d along State Highway 198. Th e Ci ty’s populati on is approximately 1 40,000. Its inco rporated ar ea covers approxi mately 36 squar e miles. The purpose of this project contract is to provide the City of Visalia with the highest quality playground structure expected by the City’s residents, City Council, City staff, and visitors of the community. The selected firm will work closely with the Project Manager and other City staff to ensure the most durable, playable, and unique playground design for the City of Visalia, its residents, and visitors.
C. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public .................................................................................................. 1/2/2024 Proposer Conference #1 at 700 S. Watson Street at 11:00 a.m. ...................................... 1/17/2024 Proposer Conference #2 at 700 S. Watson Street at 11:00 a.m. ...................................... 1/18/2024 Deadline for Questions @ 4:00 p.m. .................................................................................. 1/25/2024 RFP due at 2:30 pm at 707 W. Acequia .............................................................................. 2/1/2024 Short list established and vendors notified ................................................................. February 2024 Interviews/Presentations with short-listed vendors (if required) ................................................... tbd Award of Contract @ City Council Meeting .................................................................... March 2024 Contract Begins ........................................................................... upon contract being fully executed
Italicized items and dates are at the City’s o ption. The City reserves the right to award contract solely on t he basis of proposal content.
IIIIII.. SSCCOOPPEE OOFF SSEERRVVIICCEESS
A. Required Products
Jefferson Park Playground Design
Work is to include:
• The demolition and removal of the existing playground structure. • Design of a 5 to 12 age-appropriate play system within the constr ucted play area boundaries, with minimal to no alterations to existing concrete curbs, equipment footings, landing mats. • Design of a free-standing sail type shade structure to p rovide maximum cove rage over entire playground structure.
• A minimum of twelve (12) inches of wood fiber fall zone material installed. • Installation of all playground equipment and shade structure. • Certified safet y inspection of completed p layground structure . This project will be t he fina l turnkey step in completing the overall Jefferson Park Playground Replacement Project.
Playground Suppliers shall submit a maximum of (2) two designs per age-appropriate playground.
The City of Visalia requires Suppliers to design a play system that meets or exceeds all current federal CPSC, ASTM, IPEMA standards a nd ADA requiremen ts. The p roposals shall include the cost o f play s ystems, shade struc ture design and cost , inclusive of the equipment st ructures, detailed technical i nstallation instructions and maintenance & operations manuals from manufacturer.
The City of Visalia shall be exempt for any lia bility for costs i ncurred by unsuccessful Proposers Suppliers in preparation of the proposal.
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B. Services of the Consultant
The City of Vi salia will requi re the consultant to perform the tasks detailed below and in the In troductory Section so tha t the contract will be c ompleted by the end of the forty-five (45) day contract period for the Project.
Awarded Cons ultant will be required to obtain from the City ’s Building Service s Di vision (315 E. Acequia Avenue) a Visalia Building permit for awarded project. The City of Visalia will pay for the cost of the building permit however it is the Awarded Consultant’s responsibility to obtain it.
This is a public works contract and therefore, the Awarded Consultant will be responsible for paying State and Federal prevailing wages for any trade performed t hat has a designated wage rate. Furthe r, the Awarded Consultant will be responsible for uploading certified payroll to the Lab or Commissioner and provide the City of Visalia pr oject manager with Contractor’s affidavit that labor codes were followed, and pre vailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment. A sample Contractor’s Affidavit is attached to the Sample Contract included with this RFP.
Consultant shall follow the requirements of the City of Visalia Labor Compliance Manual (Exhibit D-1) which is made a part of this RFP and subsequent contract/s.
C. Consultant Responsibilities
DESIGN ELEMENT GUIDELINES & PLAY SYSTEM SPECIFICATIONS
Suppliers should ba se their playground equipment designs o n meeting all accessibility and safety standards as well as the gu idelines & s pecifications li sted in this RFP. Qua lity o f e quipment components, quality of design, play value, cost and appropriate ness to location and target demographic must be taken into consideration and stay within budget in the design, demo, and construction and inspection of the play system.
The budget for this project is $200,000.
Jefferson Park 5 to 12 Playground Dimensions for Fall Surf ace: 100’ x 43 ’ Approximate Perimeter.
Required Items:
1. All play system elements must meet and/or exceed all federal, CPSC, ASTM & IPEMA guidelines.
2. Play systems shall NOT be constructed solely of composite materials.
3. Play system must in clude the removal and disposal of existing engineered wood fiber surfacing and installation of engineered wood fiber at a minim um depth of (12) twelve inches over the entire play area.
4. Play system must include wear mats for all equipment as appropriate.
5. Add additional free-standing sail type shade stru cture to p rovide maximum coverage over entire playground structure.
6. A Playground Safety Inspection be performed by a Certified Playground Inspector to ensure the playground is in compliance with all CPSC safety requirements. Report must be submitted to the project manager upon completion of the project.
Play System Features in Priority Order:
7. Provide a minimum of one structure designed for ages 5 to 12.
Preferred Play System Qualities:
8. All play sy stem elements must demonstra te the high est level of durability in materials and finis hes selected in consideration of child health and safety.
9. Structures should provide a variety of built-in activity panels and climbers.
10. Play system shall use forest green, tan and chocolate brown as primary colors.
In t he proposal, provide a list of the comp onents proposed for the Jefferson Park play system. Include structure and co mponent model numbe rs, materials, co lor choices and recom mendations, pr otective are a 452
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requirements, target ag e ranges and developme nt le vels, target play ty pe or act ivity, estim ated lifetime of equipment including manufactures warranty and any other relevant descriptive information.
Play system design shall safely fit in the playground area as shown on the site plans in Exhibit D-3. Suppliers are encouraged to be creati ve in their designs and to ma ximize the role of unstructured play in the ir proposals. Suppliers may submit pro posals from n on-traditional type play ground structu res, if desir ed, in whole or as components of the overall playground.
D. City Responsibilities
• Compensate the consultant as provided in the contract agreement. • Provide a "City Representative" who will represent the City and who will work with the consultant in carrying out the provisions of the RFP.
• Examine d ocuments submi tted to the C ity by the Cons ultant and timel y render deci sions pertaining thereto.
• Give reasonably prompt consideration to all matters su bmitted by the Consultant for ap proval to the end that there will be no substantial delays in the Consultant's program of work. • City will pay for the cost of the City Building Permit, but the Awarded Consultant is responsible for obtaining the permit from the City’s Buildings Division.
IIVV.. PPRROOPPOOSSAALL CCOONNTTEENNTT AANNDD FFOORRMMAATT RREEQQUUIIRREEMMEENNTTSS
The following are proposal requirements. Respondents are requested to organize their proposal i nto sections with tabs corresponding to the li sted selection criteria as follows. You must answer the following questions in the same s equence as below. A screening committee will e valuate the completeness of the response to the RFP.
A. General Information
• Cover letter referencing firm name, address, telephone number and email address. • Account Rep resentative or other person to contact fo r clarification of an y item co ntained in the proposal. Include telephone number and email address if different from above. • Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person must be identified. • Specify type of organization (individual, partnership, or corporation) and if applicable indicate whether you are:
o Small Business.
o Disadvantaged Business.
o Minority and/or Women-Owned Business.
• Complete and submit the required forms included in this document. • Provide sur ety information for a ll sureti es – General and Aut omobile Liabili ty, Professional Liability E/O and Worker’s Compensation.
• References and Referrals
B. Proposed Project & Detail Regarding Project
Summarize your approach and understanding of the project and any s pecial considerations of which the City of Visalia should be aware. Clearly indicate the levels of participation you will expect from City of Visalia staff in the fulfillment of the contract.
Exceptions to the requirements of the RFP should be clearly delineated in this section.
In addition, you are invited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.
The in formation in this s ection will aid t he City in the refine ment of the sc ope of work dur ing contract negotiations.
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C. Staff Qualifications and Related Experience
1. Staff Qualifications and Experience
This section shoul d demonstrate the qualifications o f all pro fessional personnel to be assigned to t his project by pr oviding resume s/experience summaries describing their education, cre dentials, r elated experience and their proposed roles for this contract. Note: Consultant may not substitute any member of the project team without prior written approval of the City.
If your firm intends to subcontract any of the services required under this RFP it should be discussed in this section . Detailed informati on for each subcontra ctor must be provided. Note: No work may be subcontracted, nor assigned, without prior written approval of the City of Visalia.
2. Related Experience
Include descript ive infor mation con cerning the experien ce of th e fir m. Include info rmation about previous projects that might be comparable, includ ing the size and ty pe of projects and t he s cope of services provided. These projects mu st de monstrate that the consultant ha s experienc e in des igning systems with multi us e fun ctions effective ly blended into neigh borhood design. In add ition, provide references for the three (3) mo st comparable projects for which your firm has pr ovided, or currently is providing, similar services in the past three years.
List the projects in reverse chronological order and provide the following information for each project:
Indicate for each of these projects:
• Name of project or playground
• Project location (address)
• Brief description (type of construction, functional components, special design considerations) • Name of owner/entity
• Owner's contact person and telephone number
• Your firm's specific involvement (i.e., engineer, construction contractor, etc.) • The total contract amount awarded vs the final contract amount at end of project. • Status of completion
D. Proposed Fee Structure
A Proposed Fee Structure and S chedule shall be provided as par t of the RFP submitta l under separate , sealed cover. One (1) original Fee Structure and Schedule are required, no additional copies are needed.
Provide proposed fees, cost information, and recommend a b udget plan for al l services to be provided in the following format:
1. Proposers should review the requirements of this RFP and address all services in this fee sc hedule that might reasonably be e xpected to support the project. Indicate how the City wil l be invoiced for services, i.e., unit or hourly costs. This information should be detailed and broken down to include type of service and unit s of work or other a pplicable measur e (for example, sta ff hours at a certain rate).
Proposers should endeavor to provide a comp rehensive, fee schedule for the project, as the City will not include compensation in the contract for items not addressed.
• Include a total cost to provide services, based on the consultant’s fee schedule and the scope of work as outlined in this RFP. This cost will be used as a basis for negotiations.
• Clearly iden tify all costs for Tasks re lated to each project for wh ich a proposal is b eing submitted.
• Clearly identify all trades to be performed and the corresponding State and Federal prevailing wage det erminations for same. T he Awarded Contractor will be responsib le for uploading certified payroll to the Labor Commissioner and provide the City of Visalia project m anager with an affida vit that labor codes and prevailing wage rat es were paid. The affidavit must be submitted to the City Project Manager prior to final payment.
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2. The fee proposal submitted under separate, sealed cover, a long with the propos ed project approach, will be used as a basis for any contract negotiations. The actual scope of serv ices and fees included in the contract may be negotiated and may vary to satisfy the City’s actual needs.
E. Required Forms
• Several forms have been included in this RFP document that mu st be completed and returned with your proposal, (pages 21-41).
VV.. CCOONNSSUULLTTAANNTT SSEELLEECCTTIIOONN PPRROOCCEEDDUURREE
Selection of the successful proposal shall be gen erally based on the information provided by the Vendors in response to the Request for Pro posals and any subsequent in terviews that may be condu cted. Consultant interviews will be held solely at the option and di scretion of the City of Visalia. The process for selection shall occur in the following sequence:
a. STEP ONE: Review Proposals
b. Identify Top 2 candidates based on qualifications & project design c. Interview “short-listed” firms (at the option and discretion of the City) d. STEP TWO: Review fees for Top 2 candidates based on proposal submittal and re-evaluate taking price into consideration
e. Award contract
A project Selection Committee, as deemed necess ary, will be formed to eval uate the proposals and to make recommendation to the Visalia C ity Coun cil. This committe e may consist of representatives of the user department, memb ers of the comm unity, members of the C ouncil, and may include a representative knowledgeable in playground systems from outs ide of the community. Names of th e Comm ittee members, should one be formed, will not be released prior to the time for interviews.
The Committee will review the proposals for format to ensure co nformance with the requirements of the RFP and may select finalists to interview with the Committee as a part of the Committee's evaluation process. The City does not guarantee that an interview will take place, thus reserving the right to select a contractor based solely on the information provided in the proposals received in response to the RFP. Should an interview take place, t he key pers onnel respons ible for fulfillin g the requirements of the project shall be required to be present for the interview.
A. Criteria and Evaluation Points
The Committee will address t he following c riteria in evaluation of proposals in order to g auge the ability of a contractor to perform the services as specified. Th e same genera l criteria will be used to judge both t he proposal and the presentation, should the City choose to conduct interviews with short-listed firms.
Criteria: STEP ONE Max Points
1. Proposal addresses design guidelines and specifications 25
2. Quality of design, play value and target demographic 20
3. Quality and durability of equipment 20
4. Uniqueness of Equipment 15
5. Reputation and reliability of manufacturer 10
6. Overall quality of Proposal 10
Maximum Points: 100
Criteria: STEP TWO Max Points
1. Fee evaluation based on proposal submittal 10
Prior to the award of contract, the City must be assured that the proposer selected has all resources required to successful ly perform under the contract. This includes, but is not li mited to, personnel wi th the s kills required, equipment/materials and financial resource s sufficient to pr ovide services c alled for under t his contract. If during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contrac t if awarded, the City has the opti on of requesting from the prop oser, any infor mation that 455
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the Cit y deems n ecessary to determi ne the prop oser’s ca pabilities. If such informa tion is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.
B. Background Check
The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the busi ness community. By submitting a pr oposal to the Cit y, the prop oser consents to suc h an inquiry and agrees to make av ailable to the City such boo ks and re cords as the Ci ty deems necessary to conduct the inquiry.
C. Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreement has been included in this RFP t o alert proposers to the p rovisions generally foun d in Ci ty contracts. The Draft Agreement may be alter ed from the enc losed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that th e Final Agreement will duplicate the enclosed Draft Agreement.
VVII.. GGEENNEERRAALL CCOONNDDIITTIIOONNSS
A. Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City em ployee, representative, or o thers. Proposers are cautioned that a ny statements mad e that ma terially change an y portion of t he proposal documents s hall not be relied upon unless subsequently ratified by a form al written amendm ent to the proposal document. The issuance of a written ad dendum is t he only official method whe reby interpretation, clarification, or addit ional information can be given. If an y addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors w ho have secured s ame. However, it will be th e responsibility of ea ch vendor, prior to submitting t heir proposa l, to contact the Purchasing Division , located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addendums were issued and to make such addendum a part of the proposal
B. Contracting Agency
The contract resulting from this Request for Propo sals will be administered by the City of Vis alia Community Services Department and the Visalia Purchasing Division.
C. Legal Responsibilities
It is the re sponsibility of Contractor to c omply with all local, state, and federal laws and regu lations which apply to this pro ject. This includes, but is n ot limited to, c ompliance with Uniform Bu ilding, Plu mbing, Mechanical, Electric, a nd Fire Codes. Contractor s hall pro vide a safe working env ironment in compliance with the Occupational Safety and Health Act, and California Health and Safety Code.
Contractor shall secu re all necessar y permi ts, licenses, and similar re quirements to carry out the project.
Contractor shall comply with all applicable labor laws and ensure against discrimination.
1. Business Tax Certificate
Possession of a City of Visal ia B usiness Tax Certificate is not requir ed to submit a propos al in response to this invitation. However, Contractor shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing wor k. For additional information, please contact the City of Visalia at (559) 713-4326 or email [email protected].
2. Professional License
Consultant is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California.
3. Permits
Consultant shall b e re quired t o o btain and maintain a t his/her own expense, any and all per mits, licenses and certifica tions iss ued by any federal, st ate or local governmental agency, pertaining to, 456
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and necessary for providing the services required in this Request for Proposals. However, the City of Visalia will pay the cost of the Building Permit, but the Awarded Contractor must o btain the permit from the City of Visalia Buildings Division.
D. Insurance
Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, VENDOR agrees to indemnify and hold harmless CITY, its ele cted and appoi nted off icers, employees, and C ITY designate d volunteers from a nd against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of Vendor’s negligent acts, errors or omissions in t he performance of his/ her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.
CITY agrees to indemn ify and hold harmless VENDOR, its office rs, employees, a nd designated volun teers from and against any and al l losses, defe nse costs, liability or consequ ential damages to the extent ari sing out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.
As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to tho se acts or om issions normally co vered by general and a utomobile lia bility in surance, VENDOR agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected an d appointed officers, agents, employees, representatives, and volunteers from and against a ny and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising ou t of or in connection with Vendor’s (or Vendor’s subcontractors, i f any) performance o r failure to pe rform, u nder th e terms of this Agreement; except to the extent those which arise out of the negligence of CITY.
Without limiting CITY ’s right to indemnifi cation, it is agree d that VENDOR shall secure prior to commencing any activities under this Agreement, and ma intain during the term of this Agree ment, insurance cov erage as follows:
• Workers’ Compensation insurance as required by California statutes.
• Commercial general lia bility insurance with a combined si ngle l imit o f not l ess than One Million Dollars ($1,000,000) p er occurrence. Such insuranc e shall include cov erage fo r Premises and Operations, Contractual Li ability, Personal Inju ry Liability, Product s and C ompleted Ope rations Liability, Broad Form Prope rty Da mage ( if applicable), Indep endent Contrac tor’s Li ability (if applicable).
• Professional Liability insura nce cove rage, in an am ount not less than One Million Dollars ($1,000,000).
• Comprehensive Automo bile Liability coverage with a combined single lim it of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, li mited in sco pe or coverage, or non-renewed until after thirty (30) days prior writt en no tice has b een given to the City of Visa lia, Purchasing Division, 707 W .
Acequia, Visalia, CA 93291, with the excep tion of cancellation for n on-payment of premium, in wh ich case ten (10) days’ notice shall be given.”
In ad dition, the Commercial general liability polic y required by this Agreement shall contain the following clauses:
“It is agree d that any insurance mai ntained by the City of Visa lia shall apply in excess of and not contribute with insurance provided by this policy.”
“The Ci ty o f Visalia, its officers, agents, employees, representa tives and volu nteers are added as additional insured as respects operation s and activities of, or on behalf of the named insure d, performed under contract with the City of Visalia.”
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The s uccessful bidder shall m aintain the insura nce for the life of the co ntract. Endor sements are to be received and approved by the City before w ork commences. Should Consultant cease to have insur ance as required during any time, all wo rk by Consultant pursuant to th is a greement s hall cease unt il i nsurance acceptable to the City is provided.
In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
1. Obtain such insur ance and deduc t and retain the amount of the premi ums for such insurance f rom any sums due under the Agreement; or
2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with th e requirements hereof; or
3. Terminate this Agreement.
VVIIII.. EEXXAAMMIINNAATTIIOONN OOFF CCOONNTTRRAACCTT RREEQQUUIIRREEMMEENNTTSS AANNDD AACCCCEEPPTTAANNCCEE
OOFF PPRROOPPOOSSAALL CCOONNTTEENNTT
Before submitting a proposa l, prop osers must sa tisfy themselves by personal examination of the pr oposal requirements and other contract documents, and by any other mean s as they may believe necessary , as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Visalia, upon which the offeror will rely.
The subm ission of a propos al shall be considered conclusi ve ev idence that the prop oser has caref ully investigated all conditions that affect, or may at some future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be pe rformed and as to the req uirements of t he p roposal. Subm ission of a proposal shall also be evidence that the proposer is familiar with directives th at in any way affect prosecution of the work or persons engaged or employed i n the work.
No proposer shall at any time after submiss ion of a propo sal make any claim or assertion that there was any misunderstanding or lack of information regarding the natu re or amount of work necessary for satisfactory performance under the contrac t. If the proposer receives an award as a result of this Request for P roposals, failure to have m ade such investigations a nd ex aminations wi ll in no way relie ve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignoranc e of such cond itions and requir ements be accepted as a basi s for c laim whatsoever by the proposer for additional compensati on. Any errors, omis sions, or discrepancies found in the speci fications or other contract documents shall be called to the attention of the City an d clarified prior to the su bmission of proposals.
Should the proposer feel there has be en a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal.
The contents of the proposal of the s uccessful proposer shall become contractual obligations if procurement action ensues. Failur e to a ccept these ob ligations in a contractual agreement shall result in canc ellation of award.
A. Withdrawal of Proposals
Any proposal may be withdr awn a t any time pr ior to th e time fixed in the public notice f or the re ceipt o f proposals, only by written req uest for the withdr awal of the proposal filed wi th the Purc hasing Division. T he request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposa l. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.
B. Rejection of Proposals
The City of Visalia reserves the right to reject any or all proposals; t o waive any requirements, both the City's and those propo sed by the vendor; to waive any ir regularities o r informali ties in any propos al or the RFP process when it is in the best interest of the City to do so; to negotiat e for th e modification of an y proposal 458
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with mutual consent of the proposer; to re -advertise for proposals, if desired; to sit and act as sol e judge of the merit and qual ifications of the service off ered and; to evaluate in it s absolute d iscretion, the prop osal of each vendor, so as to selec t the vendor which best serves the requirements of the City, thus insuring that the best in terest of the City will b e s erved. Proposer ’s past p erformance and the C ity's a ssurance that each proposer will provide service as proposal, will be taken int o consi deration when proposals are being evaluated.
The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the prop oser will fu rnish to the City a ll such information and data for th is purpose as the City may request. The City reserves the right to reject a ny proposal if the evidence su bmitted by, or investigation of, such proposer fails to satisfy the City that such pr oposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any proposer who has previously failed to per form properly, or comple te on time, contract s of a similar nature. Any material misrepresentation or m aterial falsification of informatio n pro vided to the City i n the propos er’s proposal submission, or at any point in the proposal evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agree ment may be termin ated at t hat time. A determina tion as to whe ther a misrepresentation or falsification of the proposal submission is material shall be made solely in the exercise of the City’s sound discretion. The City expressly reserves the right to reject the proposal of any proposer who is in default on the payment of taxes, licenses or other moneys due to the City of Visalia.
C. Evaluation/Award of Contract
Evaluation and selection of proposals will be based on the information called for in this RFP. Bro chures or other promotional presentations beyond that sufficie nt to submit a complete and effective propo sal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.
Proposals will be ev aluated by a Selectio n Committee. The City reserves the right to make the selection of a proposer based on any or all factors of value , whether quantitati vely identi fiable or not, inclu ding, b ut not limited to, the anticipated initiative and ability of the proposer to perform the services set forth herein.
The award, if made, will be made within ninety (90) days from proposal closing date. Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:
1. Proposer is an independent contractor, not an employee, agent or officer of the City.
2. Contract, should it be award ed, shall be interpr eted, const rued, and given effe ct in a ll respects according to the laws of the State of California.
3. Should proposer be awarde d contract, proposer shall not assign contract, or any part thereof, or an y moneys due or to become due thereunder, without prior consent of the City.
4. Proposer shall indemnify and hold harm less the City, its off icers, officials, em ployees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omis sion of t he proposer , its consu ltants, subcontracto r, anyone directly or indire ctly em ployed by any of them, or anyone for who se acts any of them may be liable, except where cau sed by the active negligence, sole negligence, or willful misconduct by the City.
5. Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrig hted composition, secret proces s, patented or unpatented invention, article or appliance furnished or used in connection with the contract.
6. Proposer warrants th at no g ratuities, in the for m of gi fts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view towar d securing the contract or securing favor able treatment with respect to any det ermination co ncerning the performance of the contract. For breac h or violation of th is warranty, the City sh all have the r ight to terminate the contract either in w hole or in part. T he rights and remedies of the City p rovided in this clau se shall no t be exclusive and are in addition to any other rights and remedies provided by law or under the contract. 459
PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP No. 23-24-31
D. Proposal Pricing Guidelines
Proposer shall provide proposed fees and cost inform ation as a part of this Request for Pr oposals. Proposed fees shall be submitted under separate, sealed cover.
E. Assignment of Contract
No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet or transferred.
The failure of the City at any time to requi re performance by the proposer of any provisions hereof shall in no way affect the right of the City t hereafter to enforce the same. Nor shall waiver by t he City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.
F. Right to Require Performance
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in n o way affect the right of the City there after to enforce the same. Nor shall w aiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.
G. Ethics in Public Contracting
Each proposer, by su bmitting a proposal, certifies that it is not a par ty to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitt ing a proposal, t he proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or indu cements from any other proposer in connection w ith t he request for proposal ; and tha t it has not conferr ed on any publ ic employee, publ ic member or public official having respons ibility for this procurement tran saction, any payment, loan, subscription, advance, deposit of money, services, or anyt hing of more than n ominal value.
The proposer further certifies that no relat ionship exists be tween itself and the City or another person or organization that interferes with fair competition or co nstitutes a confli ct of interes t with respect to a contract with the City of Visalia.
Prior to the aw ard of any contract, the potential Consultant may b e required to certify in writ ing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent that interferes with f air competition or is a conflict of interest with respect to a contract wit h the City of Visalia.
More than one propo sal from an individual, firm, par tnership, corporation or as sociation under th e same or different names may be rejected. Reas onable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.
H. Equal Employment Opportunity
During the performance of the contract, proposer agrees to the following:
1. Proposer shall comp ly with all the r equirements, when applicable, of the Califo rnia Fair Employment Practice Com mission and provisions of , when ap plicable, al l Federal, State of California, County of Tulare and City of Visalia laws and ordinances related to employment practices.
2. Proposer shall not discriminate against a ny employee or applicant for employment on the basis of race, religion, color, g ender, age, handicap, national or igin or anc estry, ex cept w hen s uch a c ondition is a bona fide occupational qualifi cation reasona bly necessary for the normal operations of the proposer.
The proposer agrees to post in consp icuous p laces, visible to the empl oyees and ap plicants f or employment, notices setting forth the provisions of this nondiscrimination clause.
3. Proposer, in all sol icitations or adv ertisements for employees, pla ced by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.
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I. Venue
Any contract resulting from this solicitation shall be governed by, and construed in acco rdance with, the laws of the St ate of California. Venue for any litigation arising out of the contract will be vested in Tulare Count y, California.
J. Proprietary Information
The proposals received shall become the property of the City of V isalia and are su bject to publi c disclosure.
Proposal prices and information submitted by proposers will be made available to proposers after City Council has approved award of contr act. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as busin ess or trade secrets, as that term is defined in California Government Code, Sect ion 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprie tary” shall only be disclosed t o the public if s uch disclosure is required or permitted under the California Pu blic Records Ac t or othe rwise by law. Pr oposers who indiscriminately an d without ju stification identif y most , or all, of t heir proposal as exempt from disclosure may be deemed non- responsive.
K. Incurring Costs
The City of Visalia is not liable for any cost incurred by proposers in responding to this Request for Proposals.
L. Firearms Prohibited
Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approv al of a Ci ty of Visalia Departm ent Head, or an exemptio n in the contrac t. If a contractor/vendor/consultant is cau ght carryi ng a gun, without Ci ty permission, th eir contract will be terminated.
M. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (th e EO) regarding Economic Sanctions ag ainst Russ ia and Russian entities and individu als. “ Economic Sanctions” refers to sa nctions imposed by the U.S. government in response to Russia’s actions in Ukrai ne, as well as any sanctions imposed under state law. B y submitting a b id or proposal, Contractor repr esents that it is not a target of Economic Sanctions. Should the State determine Contracto r is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to con tract execution, or, if determin ed after cont ract execution, shall be grounds for termination by the State.
VVIIIIII.. MMEEAASSUURREEMMEENNTT AANNDD PPAAYYMMEENNTT AA.. Billing and Payments
Awarded Vendor is fully responsible for assuring that all services arising from the agreement are billed at the correct and applicable contract prices. The vendor is required to establish and m aintain a process to monitor its billing practices and will refund all overcharges that may occur.
In connec tion with any discount offered , time w ill be co mputed from the d ate of co mplete deli very of the service as sp ecified, or from the date corr ect inv oices a re rece ived if that date is la ter t han the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.
The City of Visalia shall withhold retention in the amount of 5% of invoice d amount for completed wo rk.
Retention shall be held until thirty-five (35) days after the filing of a Notice of Completion.
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CCOONNTTRRAACCTT
A. Department of Industrial Relations R equirements, Public Works Contractor Registration Program and Project Labor Agreements
Notice is he reby g iven that t his is a Publi c Works Project. All contrac tors and s ubcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must:
1. Be currently registered with the California Department of Industrial Relations (DIR)
2. Furnish electronic payroll records for new projects to the Labor Commissioner No contract will be aw arded unless that contractor and/or subc ontractors are regi stered with the Calif ornia Department of Industr ial Relations (DIR). Bi ds subm itted b y unregis tered contractors or list unreg istered subcontractors will be rejected as non-responsive.
A contractor or subcontractor shall not be qual ified to bid on, be listed in a bid proposa l, subject to the requirements of Section 4104 o f the P ublic Contract Code or engage in the performance of any cont ract for public wor k, as d efined in this chapte r, u nless c urrently registered and qualified to per form public work pursuant to Section 172 5.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contra ct Code, pro vided the contractor is registe red to perform public wo rk pursuant to Section 1725.5 at the time the contract is awarded.
If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a pre -hire collective barg aining agreement that establishes term s and cond itions of employment fo r a specific c onstruction project or pro jects and is an agreement d escribed i n Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set for th in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.
B. City of Visalia Labor Compliance Manual
Consultant shall fulfill requirements of Departme nt of Industrial Re lations and Californi a Labor Codes by complying with the City of Visali a Labor Compliance Manua l which is incor porated into hi s RFP and subsequent contract as an attachment and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.
C. Bonds
Awarded Contractor shall be re quired to submit a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for the full, complete and faithful performance of the agreement. In addition, Awarded Contract or shall be required to furnish a Labor and Materials Bond in the amount of one hundred percent (100%) of the agreement if subcontractors are proposed to be used to complete this project.
According to City standards the surety company mus t be eithe r a Cal ifornia Admitted Surety OR current Treasury Listed Surety (F ederal Register) to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.
D. Project Administrative Issues
1. Complete Project
The successful consultant shall be responsible for providing all materials, labor, equipment, and services necessary to fulfill the requir ements of t his RFP. It is the in tent of this RFP and relat ed agreement to describe a functionally complete project.
2. Quantities/Change Orders
The City reserves and shall have the right to make such changes to the w ork as may be nec essary and desirable to comple te the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manage r shall be and is hereby authorized to make such changes in the work as may increase or decrease t he originally aw arded contract quan tities and/o r total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased aft er the price change is reviewed and authorized by the City of Visalia Change Order Committee.
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Should the Contr actor di sagree with any terms o r c onditions set forth i n an a pproved contract change order not executed by the Contractor, the Contractor sha ll submit a written protest to the Engineer within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-
1.03 of the Standard Specifications apply.
If a requested chang e order is sent b ack to the Contractor for revisions, the Contractor has 15 (fift een) calendar days to resubmit.
Changes s hall not in validate the contract nor release th e surety, and the Contractor agrees to a ccept payment for such changes as if the alter ed work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time whe re, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.
Excessive altere d work shall be covered by supplemen tal agreement that is subject to funding agency approval as applicable. If the City an d the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.
3. Omitted Items
Project Ma nager is authorize d to omit minor contract items. Major ite ms must be omitted by supplemental agreement.
4. Extra Work
Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Change Or der Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as ag reed to in writing by the Project Manager prior to the Extra Work being completed or the Change Order Committee shall approve an increase in a Change Order issued after the Extra W ork is completed. No additional payment is due for unauthorized Extra Work.
If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work b eing completed, th en C ontractor shall su bmit to the Project Manager the documentation required for a Change Order wi thin for ty-five (45 ) days of co mpleting the Extra Work.
The Project Manager will submit a Chan ge Order request for review and approval by t he Change Order Committee. If the Contr actor does not submit any documen tation wi thin that time period, the Project Manager may move forward with issuing a Change Order to adjust the contract price.
5. Removal of Obstructions
Contractor shall remove and dispose of all st ructures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.
6. Clean Up
Prior to acceptanc e and f inal payment, Contractor shall cle an up t he s ite of work, and any areas occupied by Contractor in connection with the project.
E. City-Contractor Relations
1. Project Manager’s Responsibility and Authority
City will designate a Project Manager. All work shall be done under the genera l supe rvision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of m aterials, wo rk p erformance, rate of progress of work, interpretation of draw ings an d specifications, and all question s rela ted to f ulfillment o f the contract for the project. Project Manager shall not h ave control over ac ts or omissions of the C ontractor, Subcontractors, their agents, or employees.
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2. Contractor/Contractor’s Superintendent.
Contractor shall bear all re sponsibility for, and have all control o ver, the construction means, methods, techniques, sequences, procedures and saf ety precautions or programs rel ated to th e project.
Contractor may designate a superintendent.
3. Project Site/Existing Utilities and Structures
(a) Contractor shall take care to avoid, but shall be responsible for, all damage to existing s tructures, including, but not li mited to temporary or perma nent fen cing, sewers, water service, drai ns and culverts, underground utilities, and the like.
(b) USA Notification. Contractor shall notify underground service alert (“USA) of times and locatio ns of proposed excavations.
i. Contractor sha ll notify ow ners o f and be res ponsible fo r damage to ut ilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor sh all not m ake connection to or draw water fr om any hydrant or pipeline without first obtaining permission to do so.
4. Signs, Barricades, and Notice
Contractor must provide and maintain proper bar ricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.
5. Labor
(a) Workmanship. Workmanship shall be equal to the b est general practice of modern-day fabrication shops and good construction practice.
(b) Qualification. Contractor shall ensure that each e mployee who works on this project is qualified to perform their assigned duty in a safe manner.
6. Control of Materials
(a) Source of Supply and Quality of Materi als Guarantee. All mat erials, parts and equipment supplied by the Contr actor shall be new and of a quality equal to that specified. Mater ials which become unfit for use shall not be used for the project.
(b) Equivalent Materials. Trade names or manufac turer’s cata log informa tion, wh ere used, are a means of indicatin g kind, type, design, style, finish, durabi lity or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every re spect to tho se specifie d. The burden of proof o f compliance with the specifications is the re sponsibility of Contractor. City shall be th e sole judge as to the adequacy of any item for substitution.
(c) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
7. Storage of Materials
Materials shall be stored to ensure the preservation of their quality and fitness for the p roject. Contractor assumes full re sponsibility for ensuring that the project and materials are pr otected until project is completed. Any cost for storage of materials is the responsibility of the Contractor.
8. Materials and Shop Drawing Submittals
If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detai led dimensional shop drawing s covering all Co ntractor-furnished items of equip ment. Prio r approval by Project Manage r is required. S uch approval s hall not rel ieve the Contractor from th e responsibility of deviation fro m the Contract u nless Contractor has, in writing, called to the attention of the Project Manager such deviations.
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BIDDER’S NAME: ____________________
CONTRACTOR’S INFORMATION
Submit with Bid Proposal
STATE CONTRACTOR’S LIC. CLASS:_________ #_______________________EXP. DATE:___________
STATE D.I.R. REGISTRATION #___________________________________
FEDERAL TAX I.D. #______________________________________
CITY OF VISALIA BU SINESS TAX CERT IFICATE #__________________________________ A City of Visal ia Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a Certificate prior to commencement of wor k. Contact the Business Tax Division for with any questions at (559) 713 -4326 or [email protected].
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SUBCONTRACTOR LISTING
The Proposer hereby designates below for the project, opposite v arious portions of the work, t he names, and locations of t he pl aces of busi ness o f each subcontra ctor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. A ll work not listed below shall be performed by the undersigned BI DDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor i n place of the subcontractors herein designated wit hout the approval of the Project Manager.
SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)
1. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
2. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
3. Subcontractor Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
If more space is needed to list additional subcontractor and tr ade classifications, plea se l ist r emaining subcontractors on a separate sheet of paper (pr oviding all requested information for each subcontractor) and submit with Proposal.
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Submit With Bid Proposal
BIDDERS BOND
KNOW ALL MEN BY THESE PRESENTS: That we, ________________________________________ as principal, and ________________________________________ as surety, are held and firmly bound unto the City of Visalia in the sum of ten percent (10%) of the total amount of the bid price of the principal, to be paid to the said City for which payment well and truly to be made, we bind our selves, our heirs, executors, and administrators, successors, or assigns, jointly and severally, firmly by these presented.
THE CONDITION OF THIS OBLI GATION IS SUCH, that whereas the prin cipal has submitted the above- mentioned bid to the City of Visalia for certain construction specifically described in:
RFP 23-24-31
Project Name: PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK
NOW THEREFO RE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia , one t o guarantee faithful pe rformance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and rem ain in full force and virtue.
In the event su it is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.
IN WITNESS WHEREOF, we have set our hands and seals on this _______ day of ____________20_____.
_______________________________________
(Principal)
_______________________________________ ___________________________________ (Signature and Title) (Witness)
_______________________________________
(Surety)
_______________________________________ ___________________________________ (Signature and Title) (Witness)
SIGNATURES OF PRINCIPAL AND SURETY MUST BE WITNESSED BY NOTARY (Attach appropriate acknowledgment)
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Bidders Name: ____________________________
(Submit with Bid Proposal)
FEDERAL AND STATE REQUIREMENTS
All federal procurement requirements prov ided in Uniform Guidance 2 CFR Part 200 shall be in effect. In addition, the fo llowing terms and conditions apply to you, the contractor (including consultants/ vendors), as a contractor of the City of Visalia.
The services per formed by the awarded Contrac tor shall be in complia nce with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to a cquire and utiliz e the necessary m anuals and guidelines that ap ply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lowe r tier contract (e.g., subcontract or sub-agreement).
2) The contra ctor (or subcontractor) must in corporate the applica ble requi rements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services.
3) The prime contractor is responsible for compliance with these contrac t provisions by any subcontrac tor, lower-tier subcontractor, or service provider.
1. ACCESS TO RECORDS (42 CFR 420.302)
(A) The Contractor agrees to provide the Cit y of Visalia, the U.S. Department of Treasury, the Comptroller General of the United States, HHS, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agr ees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed and agrees to cooperate with all such requests. (B) The Contractor a grees to provid e the Treasury De partment or authorized represen tatives access to construction or other work sites pertaining to the work being completed under the contract. (C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.
2. AMERICANS WITH DISABILITES ACT COMPLIANCE (42 U.S.C. 12101 et seq) By submission of a bid, the BIDDER, certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract, Agreement, or Purchase Order.
By commencing performance of the work, the selected BIDDER certifies to the Americans with Disabiliti es Act compliance.
3. BIDDER’S STATEMENT ON P REVIOUS CONTRAC TS SUBJECT TO EQU AL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:
The BIDDER has has not participated in a previous contr act subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.
The BIDDER has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed sub-BIDDERS will be awarded prior to award of subcontracts.
If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit 472
PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP No. 23-24-31
Bidders Name: ____________________________
(Submit with Bid Proposal)
a compliance report on Standard Form 100 “Employee Information Report EEO-1” prior to award of this contract, agreement, or purchase order.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
4. BONDING REQUIREMENTS (2 CFR 200.326)
The BIDDER acknowledges the requirement for construction or facili ty improvement contracts, agreements, or purchase orders or subcontracts exceeding the Simplified Acquisition Threshold. The City of Visalia accepts the bonding policy and requirements in compliance with Federal guidelines as set forth below:
(A) A Bid Guarantee from each bidder equivalent to 10% of the bid price. The Bid Guarantee must consist of a firm commitment such as a bid bond, certified che ck, or other negotiable inst rument accompanying a bid as assurance that the B IDDER will, upon acceptance of the BID , execute such contractual documents as may be required within the time specified.
(B) A Performance Bond on the part of the CONTRACTOR for 100% of the contract price. A Performance Bond is one executed in connection with a contract to secure fulfillment of all the con tractor’s requirement under such contract.
(C) A Payment Bond on the part of the CONTRACTOR for 100% of the contract price. A Payment Bo nd is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
5. BUILD AMERICA, BUY AMERICA ACT (2 CFR 200.1 – IIJA; 49 U.S.C. 5323(J); 49 CFR 661) Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and o ther manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
(A) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (B) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polyme r-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
6. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352, as amended) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or a n employee of a Member of Congress in conn ection with obtaining any Fed eral contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtainin g an y Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
7. CERTIFICATE OF NONSEGREGATED FACILITIES (FAR 52.222-23) (A) “Segregated facilities”, as used in this provision, means any wa iting rooms, work ar eas, restroo ms and washrooms, restaurants and other eating areas, t ime clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreat ion or entertainment areas, transportati on, and housing facilit ies provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. (B) By the submission of a bid, the Bidder certifies that it d oes not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its 473
PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP No. 23-24-31
Bidders Name: ____________________________
(Submit with Bid Proposal)
employees to per form their services at any location under its control where segr egated facilities are maintained. The BIDDER agrees that a breac h of this certification is a violation o f the Equal Opportunity clause in the contract, agreement, or purchase order.
(C) By submission of t he bid, t he Bidder further agrees that (except where it has obtained identical certification from proposed SUBCONTRACTORS for specific time periods) it will:
i. Obtain identical certificati on from proposed SUBCON TRACTORS before the award of subcon tracts under which the SUBBIDDER will be subject to the Equal Opportunity clause; ii. Retain such certifications in its files; and
iii. Forward this certification and the following notice to the proposed SUBCONTRACTORS:
NOTICE OF PRO SPECTIVE SUBCONTRACT ORS OF REQUIREMENT
FOR CERTIFICATION OF NON-SEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to t he Equal Opportunity cl ause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e. quarterly, semi - annually, or annually).
(D) By commen cing performance of the contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.
8. CERTIFICATION REGARDING COMPLIANCE WITH FEDERAL FUNDING REQUIREMENTS The BIDDER hereby assures and certifies that it will comply with the federal requirements, regulations, policies, guidelines, and requir ements with respect to the acceptance and use of Federal Funds for this fed erally assisted project.
9. CERIFICATION REGARDING LOBBYING (31 CFR Part 21)
The BIDDER certifies, to the best of their knowledge and belief, that:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress i n connection with the awarding of any Federal c ontract, the making of any Federal grant, the making of any Federal loan, t he entering into of any cooperative agreement, and the extension , continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (B) If any funds other than Feder al appropriated funds have been paid o r will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress , or an employee of a Member of Con gress in connecti on with the Federal contract, grant, loan, or c ooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (C) The undersigned shall require that the language of this certification be include in the a ward documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly.
This certification is a material representation of fac t upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering i nto this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The BIDDER certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the BIDDER understands and agrees that the prov isions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
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10. CLEAN AIR ACT (42 U.S.C. 7401 -7671) & FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387; 49 CFR 18.36) (applies to purchases of more than$150,000) (A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Visalia and understands and agrees that the City will report each violation as required to assure notification to the Federal Emergency Management Agency, and the app ropriate Environmental Protection Agency Regional Office.
(D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.
11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U. S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Depar tment of Labor regul ations (29 C FR part 5). Un der Section 3702 of the Act, each contrac tor shall be r equired to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
12. COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
CONTRACTOR must comply with the Co peland ‘‘Anti‐Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). Und er the Copeland ‘‘Anti‐ Kickback’’ Act, the CONTRACTOR and all subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any par t of the compensation to which he or she is otherwise entitled. The CITY must report all suspected or reported violations to the Federal awarding agency.
13. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148)
Applies to purchases for construction services in excess o f $2,000. The Contractor must comp ly with the Davis - Bacon Act (40 U.S.C. 3141 -3144 and 3146 -3148) as supplemented by Department of Labor regulations. In accordance with the Davis-Bacon Act, the Contractor is required to pay wages to laborers and mechanics at a rate of not less than the prevailing wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, the Contractor is required to pay wages not less than once per week. The City must provide Contractor with a copy of the current prevailing wage determination issued by the U.S. Department of Labor with respect to the services to be provided under the subject Agreement. The Contractor’s execution of the subject Agreement constitutes the Contractor’s acceptance of the wage determination. The City must report all suspected or reported violations to the Federal Awarding Agency.
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14. DOMESTIC PREFERENCE STATEMENT (2 CFR 200.322)
As appropriate and to the extent consi stent with the law, the BIDDER should, to the greatest extent practicable under a Federal award, provide a preference to the purchase, acqui sition, or use of goods, products, or materials produce in the United States (including but not limited to iron, aluminum, steel, cement, a nd other manufactured products). The requirements of this section must be included in all subawards including all contracts, agreements, and purchase orders for work or products under this award.
15. DEBARMENT AND SUSPENSION (2 CFR 180; 49 CFR 29, 18.35) (A) This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is requ ired to verify that none of Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
(B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (C) This certification is a material representation of fact relied upon by the City of Visalia. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3 000, subpart C, in addition to remedies available to the City, the Federal Government may pursue avail able remedies, including but not limited to suspension and/or debarment.
(D) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor f urther agrees to include a provision requiring such compliance in its lower tier covered transactions.
(E) (Executive O rders 12549 and 12689) — By execution of this Agreement, CONTRAC TOR certifies to the CITY that it is not a party listed on the government‐w ide exclusions list in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CF R 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension,’’ and is not debarred, suspended, or otherwise excluded from the award of a federally‐supported contract under statutory or regulatory authority other than Executive Order 12549.
16. DRUG-FREE WORKPLACE CERTIFICATION (41 U.S.C. 8103)
The BIDDER certifies compliance with Government Code Section 8355 in matters relating to providing a drug - free workplace. The BIDDER will:
(A) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controll ed substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). (B) Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees of all the following:
i. The dangers of drug abuse in the workplace,
ii. The person’s or organization's policy of maintaining a drug-free workplace, iii. Any available counselling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees for drug abuse violations. (C) Provide as required by Government Code Section 8355(c), that every employee who works on t he proposed contract, agreement, grant, or purchase order:
i. Will receive a copy of the company’s drug-free workplace policy statement, and ii. Will agree to abide by the terms of the company’s statement as a condition of employment on the contract, agreement, grant, or purchase order.
(D) At the elections of the BIDDER or CONTRACTOR, from and after the “Date Executed” and until __________ (NOT TO EXCEED 36 MON THS), the government agency will regard this certificate as valid for all contracts, agreements, grants, or purchase orders entered into between the BIDDER and this 476
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government agency without requiring the BIDDER to provide a new and individual certificate for each contract, agreement, or purchase order. If the BIDDER elects to fill in the blank date, th en the terms and conditions of this certificate were separately, specifically, and individually provided for each contract, agreement, or purchase order between the BIDDER and this government agency.
17. EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)
Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employm ent Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3, then during the performance of this Agreement, the CONTRACTOR agrees as follows:
(A) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Emplo yment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other for ms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on be‐ half of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The CONTRACTOR will n ot discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR’S legal duty to furnish information.
(D) The CONTRACTOR will send to each labor union or representative of workers with w hich he has a collective bargaining agreement or other contract or understanding, a n otice to be provided advising the said labor union or workers' representatives of the CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (F) The CONTRACT OR wi ll furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended 477
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in whole or in part and the CONTRACTOR may be declared i neligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be im‐ posed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(H) The CONTRACTOR will include the portion of the sentence immediately p receding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 2 4, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct as a means of enforcing such pro visions, including sanctions f or noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub‐contractor or vendor as a result of such direction by the CITY, then the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CIT Y further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.
(I) The CITY agrees that it will assist and cooperate actively with the adm inistering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant o rders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CI TY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from , or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be impose d upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the pro‐ gram with respect to which t he failure or ref und occurred until satisfactory assurance of future compliance has been received from the CITY; and refer the case to the Department of Justice for appropriate legal proceedings.
18. SEAT BELT USE IN THE UNITED STATES (EXECUTIVE ORDER 13043 & 62 CFR 19217) Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.
19. IRAN CONTRACTING ACT CERTIFICATION (PUBLIC CONTRACT CODE SECTION 2200 et seq.)
As required by California Public Contract Code Section 2204, the BIDDER/CONTRACTOR certifies, subject to penalty for perjury, that the option checked below relating to the BIDDER/CONTRACTOR’S status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq) is true and correct:
(A) The BIDDER/CONTRACTOR is not:
i. Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
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ii. A financial institution that extends for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identifie d on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) Public Contract Code Section 2203, if that person or entity uses or will us e the credit to provide goods or services in the energy sector in Iran. (B) The City has exempted the BIDDER/CONTRACTOR from the requirements of the Iran Contracting Act of 2010 after making a public f inding that, abse nt the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the contract, agreement, or purchase order. (C) The amount of the contract, agreement, or purchase order payable to the BIDDER/CONTRACTOR for the project does not exceed $1,000,000 over the life of the contract, agreement, or purchase order (up to 5 years).
Note: In accordance with Public Contract Code Section 2205, false certifi cation of this form shall be reported to the California Attorn ey General and ma y result in civil penalties equal to the greater of $250,000 or twice the contract, agreement, or purchase order amount, termination of the contract, agreement, or purchase orde r amount, and/or eligibility to bid on contracts for three years.
20. MINORITY AND WOMEN BUSINESS ENTERPRISES (EXEC ORDERS 11625, 12138, and 12432) Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12 138 (concerning W omen's Business Enterprise). Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sourc es of s upplies, equipment, construction, and services. Affirm ative steps shall include the following:
(A) Including qualified women’s business enterprises and small and minority businesses on solicitation lists. (B) Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources.
(C) When ec onomically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises. (D) Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business. (E) Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business Development Agency of the Department of Commerce; and (F) If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in (A) - (E) above.
For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.
21. NON-COLLUSION AFFIDAVIT (CALIFORNIA PUBLIC CONTRACT CODE SECTION 7106) The BIDDER certifies, under the PENALTY OF PERJURY under the law s of the State of California that the below statement is true and correct:
That the BID is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the BID is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, conni ved, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from biddi ng; that the BIDD ER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER of any other BIDDER, 479
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or to fix any overhead profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contra ct of anyone interested in the proposed contract, ag reement, or purchase order; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham BID.
22. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is no t a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract.
23. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323)
(A) In the perf ormance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule. ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA -designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program.
(C) Contractor agrees to comply with all other applicable requirements of Section 6002 - Solid Waste Disposal Act.
24. PROHIBITION ON CERTAIN TELECOMMUNICATIONS & VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (Huawei and ZTE) (FAR 52.204-25)
Contractor is prohibited from obligating or expending loan or grant funds to:
(A) Procure or obtain.
(B) Extend or renew a contract to procure or obtain; or (C) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a su bstantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance an d telecommunications equipment produced by Hytera Comm unications Co rporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonabl y bel ieves to be a n entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
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25. RECORDS RETENTION (2 CFR 200.334-337)
(A) Contractor must retain all financial records, supporting documents, statistical records, and all other of its records pertinent to this Agreement for a period of three years from the date of submis sion of the final expenditure report or, for Federal a wards that ar e renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or CITY. The only exceptions to the three-year limit are the following:
i. If any litigation, claim, or audit is started before the expiration of the 3 -year period, then the records must be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.
ii. When the Contractor is notified in writing by the City or Federal awarding agency, cognizant agency for audit, oversight agency for audit, or cognizant agency for indirect costs to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must be ret ained for 3 years after final disposition.
iv. When records are transferred to or maintained by the City or Federal awarding agency, the 3 -year retention requirement is not applicable to the Contractor.
26. REDUCING TEXT MESSAGING WHILE DRIVING (EXECUTIVE ORDER 13513-13513 FR 51225) Contractor is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers.
27. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (37 CFR 401) Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR par t 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.
28. WORKERS’ COMPENSATION INSURANCE CERTIFICATE (CALIF LABOR CODE SECT 3700) The BIDDER acknowledges that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensati on or to undertake self - insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work under this contract, agreement, or purchase order.
29. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREME NTS, Public Works Contractor Registration Program and Project Labor Agreements
Notice is hereby given that this is a public works project and therefore subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must: Register on an ann ual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner
No contract will be awarded unless that contractor and/or subcontractors are regist ered with the California Department o f Industrial Relations (DIR). Bids submitted by unregistered contractors or that list unregistered subcontractors will be rejected.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to
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Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a pre-hire collective bargaining agreement that establishes terms and conditions of employment for a specific
construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then i t must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.
The following statements and requirements are to be includ ed in all City of Visalia pub lic work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract la nguage requirements are incorporated into the contract.
❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be lis ted in a bid proposal, or per form any public work for t he City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a pub lic work, subjec t to compliance monitoring and enforcement by the Department of Industrial Relations.
❑ As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. I nformation on required workpl ace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .
❑ The contractor and each subcontractor shall maintain all project records r equired under CLC for public works projects and preserve them for a minimum 3 -year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.
❑ In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Direc tor of Labor Sta ndards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.
❑ In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall;
o Maintain and furnish directly to the Labor Commissioner, bi -weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compli ance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to al l authorized parties upon written request and be s ubject to pena lties for non - compliance as detailed in labor code section 1776.
o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.
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Bidders Name: ____________________________
(Submit with Bid Proposal)
❑ The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).
❑ As set forth in labor code section 1775(b), the followin g subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract exec uted between a con tractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the su bcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing ra te of wages, the con tractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
o As set forth in CLC section 1 775(b)(4), prior t o making fi nal payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the co ntractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standar ds (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.
❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more sh all employ the number of apprentices or the ratio of apprentices to journeymen stipulate d in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
❑ The prime contractor is responsible for compliance with the requirements of CLC sect ion 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not
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PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP No. 23-24-31
Bidders Name: ____________________________
(Submit with Bid Proposal)
bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).
❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project sha ll include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.
o Upon becoming aware of a failure of the subcontractor to employ t he required number o f apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.
o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.
❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.
Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:
As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worke r needed to execut e the contr act from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.
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Bidders Name: ____________________________
(Submit with Bid Proposal)
ACKNOWLEDGEMENT
The official named below acknowledges that they are duly authorized legally to bind the BIDDER/CONTRACTOR to the certifications listed above. They acknowledge that they are fully aware that this certification, executed on the date below, in made under penalty of perjury under Federal and State of California laws.
BIDDER/CONTRACTOR FIRM NAME
FEDERAL ID NUMBER
BY (Authorized Signature)
DATE EXECUTED
PRINTED NAME OF SIGNER
TELEPHONE NUMBER
( )
TITLE
BIDDER/CONTRACTOR FIRM’S MAILING ADDRESS
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SAMPLE CONTRACT
City of Visalia RFP No. 23-24-31
PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK
This Agreement, entered in to and effective this ______ day of _______, 2023, by and between the City of Visalia, hereinafter referred to as the “C ITY”, and _____________ _______________ hereinaf ter r eferred to as the “VENDOR”, “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, VENDOR is an ____ ________________ (in sert individual or entity typ e) with a primary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and
WHEREAS, CITY desir es Playground Design & Installation Services as evidenced by RFP No. 23-24-31, Playground Design & Installation Services at Jefferson Park Project; and
WHEREAS, City of Visalia reviewed and evaluated responses to the Proposal and determined to award a contract to VENDOR for the Playground Design & Installation Services at Jefferson Park Project; and
WHEREAS, VENDOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement,
NOW, THEREFORE, CITY and VENDOR agree as follows:
1. TERM:
The term of this Agreement sh all commence on the Effective Date and expire upon completion of all obligations of the parties, unless earl ier term inated by the parties. The indemnification and defense provisions shall su rvive expiration and termination. S uspension or termination of t his Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be te rminated for convenience . In the event of termination or e xpiration of this Agreemen t, CONTRACTOR shall transfer to CITY an y funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are at tachments for this Agreement. Said attachments are incorporated in to this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of V isalia RFP 23-24-31, Playground Design & Installation Services at Jefferson Park Project
Attachment 4 Vendor’s proposal in response to RFP No. 23-24-31 Attachment 5 Project Cost and Schedule of Fees for Professional Services Attachment 6 City of Visalia Labor Compliance Manual
3. VENDOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation (“Scope of Services”):
A. The CONTRACTOR agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described as Scope of Services in RFP 23-24-31, for the cost identified in Attachment 5 of this Agreement.
B. Additional Services: Incidental work relate d to the PROJECT and not d escribed in RFP 23-24-31 may be needed d uring the performanc e of t his Agreement. The CONTRACTOR agrees to provide any a nd al l 486
PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP NO. 23-24-31
additional s ervices a t the rates identified in Attachment 2 - Schedule of Fees for Professional Service s.
Such additional servic es shall not be performed by C ONSULTANT wit hout the written c onsent of CITY’s CHANGE ORDER COMMITTEE.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services requested; however, CITY shall pay not more th an the following amount under this Agreement, unless oth erwise agreed in writing. Such sum shall be expended and paid by CI TY on a reimburs ement basis for services actually performed based o n the monthly report and simi lar documents presented by CONTRACTOR to CITY.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: ________________ By:______________________________________________________ Authorized Officer: I c ertify under p enalty of perju ry under the laws of the State of California that I am fully authorized to execute this Agreement for VENDOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: _________________ By:______________________________________________________ City Manager
Dated: _________________ By:______________________________________________________ City Attorney
Dated: _________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: _________________ By:______________________________________________________ City of Visalia Project Manager
Cost $ (insert Council Awarded Amount)
Source of Funds: ARPA (Federal) Funds
Payment Schedule: Within 3 0 days f rom receipt of app roved invoice for completed work , less 5% retention until 35 days after work is completed a nd accepted by CITY as evidenced by the recordation of a Notice of Completion* 487
PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP NO. 23-24-31
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreeme nt shall be b inding upon and shall inure to the benefi t of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate , or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the C ity Clerk of the CITY or an officer or principal of the CONTRACTOR, or if s ent via the United Sta tes Postal Service, postage pr epaid, addressed as follows:
CITY OF VISALIA CONTRACTOR _________________
707 W. Acequia Ave. ______________________________
Visalia, CA 93291 ______________________________
Attention: City Clerk Attention: ____________________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent c ontractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of t he State of California. Jurisdiction of litigation arising from this Agree ment shall be in Calif ornia.
Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare Count y, California. Th e CONTRACTOR hereby expr essly wa ives any right to remove any action to a co unty o ther than Tulare County as permitt ed pursuant to Section 3 94 of the Ca lifornia Code of Civil Procedure.
F. Integration/Modification: Th is Ag reement and each o f t he documents an d exhibits or attachment s referenced herein, which are incorporated by refe rence, represents the entire understanding of the pa rties as to those matters contained herein. No prior oral or written understanding shal l be of any force or ef fect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in confl ict with applicable laws, such part shall be inope rative, null and void insofar as it is in c onflict with said law, but th e remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any an d all claims and recourse against the CITY, including the right of contribution of loss or damage to person or prope rty arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claim s arising from the conc urrent or sole neg ligence of the CITY or i ts offic ers, agents or employees. The CONTRACTOR will indemnify, hold ha rmless, and defend (at CITY’s option) the CITY against any and al l claims, demands, damages, costs, expenses, or liabi lity arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurren t or sole negligence of the CITY or its officers, agents, or employees.
I. Guarantees and Warranties:
1. IN GENERAL: All guarantees and war ranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.
2. ONE YEAR GUARANTEE: Besides guarantees required else where, CONTRACTOR shal l and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.
3. WARRANTIES: Warranties required by this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.
CONTRACTOR warrants that the materials and equipment furnished under the Agre ement will be new and of recent manufacturer unless otherwise specified, and that all work will be of g ood quality, free from faults and de fects, and in conformance with the Ag reement. Wo rk that does n ot conform may be co nsidered 488
PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP NO. 23-24-31
defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, im proper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.
CONTRACTOR warrants that title to all work covered b y an application for payment will pass to the CITY either by incorporati on i n the construction or upon the rece ipt of payment b y the CONTRA CTOR, whichever occurs first, free and clear of all liens.
CONTRACTOR warrants and guarantees that title to all work , materials, and equipment covered by any application for payment, wheth er incorporated in the project or not, will pass to CITY no later t han the time of payment free and clear of all liens.
No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortg age or under a condi tion of sale contract or other agreement by w hich an interest is retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.
CONTRACTOR shall indemnify and hold CITY h armless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanic s, material persons, and furnishers of machinery and parts thereof, equipment, p ower tools, and all supplies, incurred in furtheranc e of the performance of this Agreement. CONTRACTOR shall, at CITY’s request, furnish s atisfactory evidence that all obligat ions of the nature here an d above designated h ave been paid, discharged, or waiv ed. If CONTRACTOR fails to do so, then CITY may, after having served wr itten notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTR ACTOR’s unpaid compe nsation a sum of money deemed reas onably sufficient to pay any and all such lawful cla ims until satisfacto ry evidence is furnished that a ll liabi lities have b een fully disch arged where upon payment to the CONTRACTOR shall be resumed, in accordance of the t erms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any o bligations on the CITY to eithe r the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRA CTOR, the CITY shall be deemed the agent of th e CONTRACTOR and any payment so ma de by the CITY shall be considered as payment made u nder the contract by the CITY to the CONTRACTOR and the CIT Y shal l not b e l iable to the CONTRACTOR for any such payments made in good faith.
Any defective work that is e ither corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.
J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of thi s Agreement, the prevail ing party, as deter mined by the court or arbitra tor, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
K. Headings: Section headings are p rovided for organizatio nal purpos es only and do not in an y manner affect the scope or intent of the provisions thereunder.
L. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
M. Executive Order N -6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economi c Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukrain e, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. According ly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals o r entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advanc e written notice of such termination, allowing Contractor at least 30 c alendar days to provide a written response. Termination shall be at the sole discretion of the State.
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PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP NO. 23-24-31
Attachment 2
INSURANCE REQUIREMENTS
1. Contractor Insurance. CONTRACTOR, at its so le cost and expen se, for the full term of this Agreement (and any extens ions thereof), shall obtain and maintain at a minimum compl iance with all of the following insurance coverage(s) and requirements. Such insurance cov erage shall be primary coverage as respects CITY an d any insurance or self -insurance maintai ned by C ITY sh all be in excess o f CONTR ACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement , CONT RACTOR shall obtain and maintain in dependent insu rance as to each subcontractor or otherwise provide evidenc e of insur ance coverag e fo r each subcontractor equiva lent to that required of CONTRACTOR.
3. Types o f Insurance and Minimum Li mits. The follow ing ty pes of insurance and mi nimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in acc ordance with th e laws of the State of California providing coverage for any and all emplo yees o f CONTRACTOR in the min imum statuto rily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of t his Agreement, including owned, non -owned (e.g . owned by CONTRACTOR’s em ployees or contra ctors), leased or hired vehic les, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Professional Liabi lity Insurance coverage, in an am ount not less than One Million Dollars ($1,000,000).
d. Comprehensive or Com mercial General Liabili ty Insurance coverage in the min imum am ount o f $1,000,000 combined single limit, including coverage for:
(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance co verage required in this A greement is pro vided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to m aintain the required coverage for a period of three (3) years after the expiration of this A greement (herei nafter “post agreement coverage”) and any extensio ns thereof.
CONTRACTOR may maintain the required post agreem ent coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage bei ng both availa ble a nd reasonably affordable in relation to the co verage provided during the term of this Agreement. For purpo ses of interpreting this requirement, a cost not exceeding 100% of the la st annual policy premium during the term of this Agreemen t in order to p urchase prior acts or tai l cove rage for post agree ment c overage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liab ility Insurance shall be endorsed t o contain the following clauses:
a. The City o f Visalia, its off icers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agree d th at any insuran ce main tained by the City of Vis alia s hall app ly in exce ss of and not contribute with insurance provided by this policy.
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PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP NO. 23-24-31
c. This insurance shall not be canceled, limite d in s cope or coverage, or non -renewed until after thirty (30) days prior written notice h as been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291.
6. Proof of Coverage.
CONTRACTOR agrees to pr ovide its insurance broker(s) with a full copy of these insurance prov isions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of al l the required Endorsements shall be a ttached to the Certificate(s) of I nsurance or other evidence of insura nce acceptable to the City of Visal ia, which shall be provided by C ONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proo f of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia Purchasing Division
707 W. Acequia
Visalia, CA 93291
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PLAYGROUND DESIGN & INSTALLATION SERVICES AT JEFFERSON PARK RFP NO. 23-24-31
SAMPLE CONTRACTOR AFFIDAVIT
I, declare under penalty of perjury
(Affidavit’s Name)
under the laws of the State of California and the provisions of the California Labor Code §1771,
§1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:
1. I am the of and I
(Officer, Owner, Partner) (Company)
am responsible for the payment of persons employed by
(Company)
who performed work on the City of Visalia Project entitled:
2. During all payroll periods from through ,
(first work date) (last work date)
all persons employed by on this project
(Company)
have at all times been paid, at a minimum, the specified general prevailing rate of
per diem wages and any amounts due.
3. During all payroll periods on this project, all apprenticeship requirements have been
complied with.
Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________ (Signature) (Date)
492
493
494
495
496
497
498
499
500
501
502
Playground Area
503
504
505
506
507
508
509
510
511
512
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CITY OF VISALIA
RFP–23-24-31
Playground Design & Installation Services at Jefferson Park
Proposal Evaluation Form (Step 1)
Instructions: Each evaluator is to review the written proposals submitted and evaluate them. The maximum number of scores that can be given to a category is listed. Addi tional comments can be added in the section below . Please list Proposer’s Name in the space provided below.
Proposer Name: __________________________________________________
Contact: ________________________________________________________
Option Number: ________________ (if applicable)
Criteria Max Points Points Scored
Proposal addresses design guidelines and specifications 25 Quality of design, play value and target demographic 20 Quality and durability of equipment 20
Uniqueness of equipment 15
Reputation and reliability of manufacturer 10
Overall quality of proposal
10 100 Points Possible Total: _________
Comments:
_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________
Evaluator’s Name: _________________________________________ Date:__________________
Project Manager is to return all Evaluation Sheets to the Purchasing Division for tabulation and record.
518
CITY OF VISALIA
RFP–23-24-31
Playground Design & Installation Services at Jefferson Park
Proposal Evaluation Form (Step 2)
Instructions: Each evaluator is to review the fees submitted for the top two (2) candidates resulting from t he proposal evaluation in S tep 1, and re -evaluate taking price into consideration . The maximum number of scores that can be given to a category is listed. Additional comments can be added in the section below. Please list Proposer’s Name in the space provided below.
Proposer Name: __________________________________________________
Contact: ________________________________________________________
Option Number: ________________ (if applicable)
Criteria Max Points Points Scored
Fee Evaluation based on proposal submittal 10
10 Points Possible Total: _________
Comments:
_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________
Evaluator’s Name: _________________________________________ Date:__________________
Project Manager is to return all Evaluation Sheets to the Purchasing Division for tabulation and record.
519
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0137 Agenda Date: 4/15/2024 Agenda #: 8.
Agenda Item Wording:
Appropriation of Awarded Grant Funds - Authorize the appropriation of funds awarded from the State of California Homekey Round 3 grant program of $8,115,376 for the conversion of the Majestic Motel at 4545 W. Noble Avenue into a 42-unit Permanent Affordable Rental Housing complex for qualifying populations.
Deadline for Action: 4/15/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Margie Perez, Housing Specialist, 713-4460, [email protected] <mailto:[email protected]>; Melody Murch, Assistant Finance Director, 713-4379, [email protected] <mailto:[email protected]>; Renee Nagel, Finance Director, 713-4378, [email protected] <mailto:[email protected]> Department Recommendation:
Staff Recommends that Council:
· Authorize appropriation of Homekey Round 3.0 funds, in the amount of $8,115,376 for the conversion of the Majestic Motel to develop a 42-unit Permanent Affordable Rental Housing complex for qualifying populations; and
· Authorize the Mayor and staff to negotiate, make minor changes, and execute the necessary contracts and loan agreements.
Background Discussion:
The City of Visalia, RHCB Development LP, and Visalia Homekey LP, have been jointly awarded $13,835,376 in Homekey Round 3 funding for the conversion of the Majestic Motel into Permanent Supportive Housing (PSH). Of this grant amount, $5,720,000 will be paid directly from the granting agency, into an escrow to purchase the Majestic Motel property. The remaining $8,115,376 will be paid to the City in a lump sum. The City will then make progress payments to RHCB Development and Visalia Homekey LP, as the project is completed. To accomplish this, the funds must be appropriated in the City budget.
History: On April 17, 2023, Council authorized staff to apply in conjunction with co-applicants RHCB Development LP and Visalia Homekey LP for Homekey Round 3.0 not to exceed $15 million to assist with the development and operation of the Majestic Gardens Project to convert the Majestic Motel into permanent supportive rental housing.
Homekey is a statewide effort to sustain and rapidly expand housing for people experiencing homelessness or at risk of homelessness administered by the California Department of Housing and Community Development Department (HCD). Homekey is an opportunity for state, regional, and local public entities to develop a broad range of housing types, including but not limited to hotels, motels, Visalia City Council Printed on 4/12/2024Page 1 of 3
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File #: 24-0137 Agenda Date: 4/15/2024 Agenda #: 8.
hostels, single-family homes and multifamily apartments, adult residential facilities, and manufactured housing, and to convert commercial properties and other existing buildings to Permanent or Interim Housing for the Target Population.
Homekey Round 3.0 Award: On May 11, 2023, the City along with co-applicants RHCB Development LP and Visalia Homekey LP applied for Homekey Round 3.0 for the development and operation of the Majestic Gardens to convert the Majestic Motel at 4545 W. Noble Avenue into a 42- unit Permanent Affordable Rental Housing complex for qualifying populations. On September 26, 2023, the City along with co-applicants RHCB Development LP and Visalia Homekey LP were notified of an award of $13,835,376 in Homekey 3.0 funds for the acquisition, development, and operation of Majestic Gardens. HCD will wire $5,720,000 directly to the escrow company for acquisition of the Majestic Motel. The remaining Homekey award of $8,115,376 will be provided to the City for development and operation of Majestic Gardens. At this time, staff is requesting Council’s authorization to appropriate $8,115,376 in Homekey 3.0 funds for the Majestic Gardens Project (CP0516) as shown below in Table 1: Homekey Round 3.0 Majestic Garden Award.
Table 1: Homekey Round 3.0 Majestic Garden Award
Homekey Award $ 13,835,376
HCD Wire to Escrow for Acquisition (5,720,000)
Homekey Appropriation $ 8,115,376
Next Steps: Upon receiving the fully executed Homekey Round 3.0 contract agreement, acquisition and building permits will be obtained. Rehabilitation is expected to last six months and to be completed in the fall of 2024. Full occupancy is expected to be completed by January 2025. The Majestic Gardens project will provide 41 units of permanent supportive housing and one on-site manager unit. Majestic Gardens will also have on-site case managers, an office, and resource room to assist in tenant’s long-term housing stability and lead to a life of self-sufficiency.
Fiscal Impact:
Approval of this item will appropriate $8,115,376 million in Homekey Round 3.0 funds for the acquisition, development, and operation of the Majestic Gardens project to convert the Majestic Motel into permanent supportive rental housing. No additional funding is requested from City grant sources, and there is no General Fund money budgeted or requested for this project.
Prior Council Action: • December 20, 2021: HOME-ARP Public Hearing to review and comment on the development of HOME-ARP Allocation Plan. • July 18, 2022: Approval of RFP-21-22- 28 to RH Community Builders for $1.8 million in HOME-ARP funds and $900,000 in Successor Agency Housing (SAH) funds for the development of the Majestic Motel to Permanent Affordable Rental Housing. • April 17, 2023: Authorize staff to apply for Homekey Round 3.0 not to exceed $15 million to assist with the development and operation of the Majestic Project to convert the Majestic Motel into permanent supportive rental housing.
Other: None
Alternatives: None
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File #: 24-0137 Agenda Date: 4/15/2024 Agenda #: 8.
Recommended Motion (and Alternative Motions if expected):
I move that Council:
· Appropriate Homekey Round 3.0 funds, in the amount of $8,115,376 with Homekey affordable housing provisions for a period of 55 years with the City of Visalia and Visalia Homekey LP, for the conversion of the Majestic Motel to develop a 42-unit Permanent Affordable Rental Housing complex for qualifying populations; and
· Authorize the Mayor and staff to negotiate, make minor changes, and execute the necessary contracts and loan agreements.
Environmental Assessment Status: Not Applicable.
CEQA Review: Not Applicable.
Attachments: Attachment A: Homekey Award Letter
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670
P.O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
**CORRECTED LETTER**
December 8, 2023
Leslie Caviglia, City Manager
City of Visalia
220 North Santa Fe Street
Visalia, CA 93292
Wayne Rutledge, Chief Executive Officer
RHCB Development LP
3040 North Fresno Street
Fresno, CA 93703
Wayne Rutledge, Chief Executive Officer
Visalia Homekey LP
3040 North Fresno Street
Fresno, CA 93703
Dear Leslie Caviglia and Wayne Rutledge:
RE:
Revised Award Announcement – Homekey Program
Notice of Funding Availability, Fiscal Year 2023/2024, Round 3 City of Visalia, RHCB Development LP, and Visalia Homekey LP – Majestic Gardens Contract No. 23-HK-17984
The California Department of Housing and Community Development (Department) is pleased to announce that the
City of Visalia, RHCB Development LP, and Visalia Homekey LP (Awardees) have been awarded a Homekey Round 3 revised award in the amount of $13,835,376.
This revision is to clarify the parties receiving the award of HK funds. This letter constitutes notice of the designation of Homekey funds for the Awardee, and fully replaces the letter originally issued.
The Award date remains September 26, 2023.
Awardees will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing.
Your Ambassador will be in communication with you to develop the Standard Agreement and confirm any documents needed to execute this contract.
Congratulations on your successful application. For further information, please contact Connor Leahy, Homekey Program Manager, Program Design and Implementation Branch, at (916) 820-1207 or [email protected].
Sincerely,
Jennifer Seeger
Deputy Director
Division of State Financial Assistance
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0138 Agenda Date: 4/15/2024 Agenda #: 9.
Agenda Item Wording:
General Plan Annual Progress Report - Receive and accept the City of Visalia General Plan Annual Progress Report for 2023 and authorize staff to submit to the Governor’sOffice of Planning and Research.
Deadline for Action: 4/15/2024
Submitting Department: Community Development
Contact Name and Phone Number: Josh Dan, Senior Planner, [email protected] <mailto:[email protected]>, (559) 713-4003 Paul Bernal, Planning and Community Preservation Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:
Staff recommends that the City Council receive and accept the City of Visalia 2023 General Plan Annual Progress Report and authorize staff to submit the report to the Governor’sOffice of Planning and Research.
Background Discussion:
Government Code Section 65400 requires the City of Visalia (City) to prepare and submit an Annual Progress Report (APR) on the entire General Plan (Attachment 1). The Government Code requires the APR to be “consideredat an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments,” and then submitted to the Governor’s Office of Planning and Research (OPR).
Summary:
California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) each year on the General Plan and progress on its implementation to the legislative body, (in this case the City Council), followed by the Governor’sOffice of Planning and Research (OPR). The four basic purposes of the annual report are as follows:
• To provide information to assess progress on implementation of the General Plan in accordance with the stated goals, policies, and implementation measures. • To provide information to identify necessary course adjustments or modifications to the General Plan as a means to improve implementation.
• To provide a clear correlation between land use decisions made during the reporting period, and the goals, policies, and implementation measures in the General Plan. • To provide information regarding local agency progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the development of Visalia City Council Printed on 4/12/2024Page 1 of 3
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File #: 24-0138 Agenda Date: 4/15/2024 Agenda #: 9.
housing.
This year will be the City of Visalia’sfirst APR regarding the 2030 General Plan. The APR covers the period of the previous calendar year, 2023. The APR for the General Plan and for the Housing Element of the General Plan have separate reporting requirements and forms, and as such have been prepared as two separate documents. Please note the information provided in the Attachment 1 is a reporting document. The material and information provided does not create or alter policy.
Content provided within this document is provided for informational purposes only.
A few key highlighted elements as noted in the attached report include the following:
• Adoption of an Agricultural Land Preservation Program. The City Council directed staff to prepare an agricultural preservation ordinance to implement General Plan Policy LU-P-34, which required the establishment of an Agricultural Mitigation Program. The adoption of the Agricultural Land Preservation Ordinance (APO) was a necessary step for projects in the Tier II and Tier III growth boundaries to move forward. Based on direction received from the City Council at their March 6, 2023, and December 5, 2022, Work Sessions staff, along with the City’s consultant, prepared a draft APO. The item was presented to Council at a publicly noticed meeting on May 1, 2023. The second reading was held and Ordinance 2023-02 was adopted on May 15, 2023. The ordinance became enacted 30-days later on June 14, 2023. • 8th Cycle Housing Element update - The City of Visalia began preliminary work on the update during the summer of 2022. This included securing a Regional Local Early Action Planning (REAP) grant and the Local Early Action Planning (LEAP) grant from the State. The City expended a tremendous amount of time and effort in updating its Housing Element with assistance from Mintier Harnish consultants to meet all of the new requirements. The Update was completed and adopted by City Council and submitted to the State Housing and Community Development Department in December 2023.
• Environmental Justice Element - The City began preliminary work on the proposed Environment Justice Element of the General Plan in 2022 to meet the requirements set out by the Department of Housing and Community Development when certifying the City’ssixth cycle of the Housing Element Update. Staff is working with a consultant to finalize the draft element.
Staff plans to take the Environmental Justice Element to Planning Commission in the summer of 2024 and if recommended for approval by the Planning Commission, the Environmental Justice Element will be presented to the City Council for approval in the summer of 2024. • Senate Bill 2 (SB-2) Planning Grant for Affordable Housing & Accessory Dwelling Units (ADUs) - SB2 was adopted by the State Legislature in 2017 to provide a permanent source of funding to help local jurisdictions provide affordable housing. In 2019, funding was directed at planning assistance that helps to achieve affordable housing goals. The city used this funding to hire a local licensed design firm to produce “PermitReady”ADU plans for residents within the City.
To date, twenty (20) plan sets have been provided to residents upon request, eleven (11) of which were in 2023.
• Specific Plans - In 2023 the City approved the Carleton Acres and Pratt Family Ranch Specific Plans. These entitlements include an approximate total land area of 563.86-acres and a total housing unit potential of 3,415 units across two development growth boundaries. Entitlements for housing subdivisions were approved as part of the specific plan approval and housing Visalia City Council Printed on 4/12/2024Page 2 of 3
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production is anticipated to begin in late 2024.
In addition to the items noted above, the Planning Division also processed a variety of land use permits during 2023, including but not limited to conditional use permits, variances, subdivisions, and associated environmental reviews. During the past year, the Planning Commission agendas included the following application types:
· 42 Conditional Use Permits
· 9 Tentative Parcel Maps
· 3 General Plan Amendment
· 3 Variances
· 3 Annexations
· 2 Tentative Subdivision Maps
· 2 Zoning Text Amendments
· 2 Specific Plans
The attached report to be submitted to OPR provides a full comprehensive review of these items as noted above in addition to other items not specifically listed in the City Council staff report.
Fiscal Impact:
None.
Prior Council Action: None.
Other: A copy of the report was provided to the Planning Commission on April 8, 2024.
Alternatives: Direct revisions to the report and report back to the City Council with additional information as directed.
Recommended Motion (and Alternative Motions if expected):
I move to approve the General Plan Annual Progress Report and direct staff to submit the document to the Governor’s Office of Planning and Research.
Environmental Assessment Status: This document is a reporting document. The material and information provided within does not create or alter policy. Content provided within this document is provided for informational purposes only and is exempt from the requirements of the California Environmental Quality Act (CEQA).
CEQA Review: The requested action is considered exempt under Section 15306, which exempts data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.
Attachments:
· Attachment 1 - City of Visalia 2023 GP APR
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General Plan Annual Progress Report
2023
City of Visalia
Prepared by the City of Visalia, Planning and Preservation Department, Planning Division
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Table of Contents
Page
I. Adopted Amendments to the Plan, Projects, and Accomplishments ................................ 3 II. General Plan Elements .................................................................................................... 14 Land Use Element ............................................................................................... 14 Historic Preservation Element ............................................................................ 15 Circulation Element ............................................................................................ 15 Parks, Schools, Community Facilities, and Utilities........................................... 16 Open Space and Conservation Element .............................................................. 16 Air Quality and Greenhouse Gases Element ...................................................... 16 Safety and Noise Element ................................................................................... 16 III. General Plan and Zoning Code Updates ......................................................................... 17 IV. Conclusion ...................................................................................................................... 17 Appendix A ................................................................................................................................. 18
Appendix A Government Code Section 65400
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Introduction
This report has been prepared pursuant to the requirements of Government Code Section 65400.
Guidance for preparation of the report is provided by the Governor’s Office of Planning and Research (OPR).
The purpose of the document is to report on the City of Visalia’s progress in implementing its General Plan. The document will be provided to the Planning Commission and City Council for their review and submitted to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).
General Plan Background
The State of California requires that every city and county adopt a long -term General Plan . A jurisdiction’s General Plan addresses state General Plan requirements. Pursuant to Government Code Section 65302, a General Plan shall consist of a statement of development policies and shall include diagrams and text setting forth objectives, principles, standards, and plan proposals.
General Plans shall also address eight specific topics or “elements,” listed in Section 65302. The General Plan may also address other topics the community feels are relevant. Regardless of the format or issues addressed, the Plan must be internally consistent.
The City of Visalia’s 2030 General Plan was adopted as a comprehensive update to the General Plan on October 14, 2014. The Plan includes six of the eight elements required by State law: Land Use, Circulation, Open Space, Conservation, Safety, and Noise. Open Space and Conservation are combined, as are Safety and Noise. It also includes two optional elements that address local concerns: Historic Preservation and Parks, Schools, Community Facilities, and Utilities. The General Plan clearly communicates the City’s vision of its future and establishes a policy framework to govern decision-making concerning the physical development of the community.
It also provides assurances that the community at large will be supported by an adequate range of public services and infrastructure systems.
Purpose of the General Plan Annual Progress Report
California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) each year on the General Plan and progress on its implementation to the legislative body, (in this case the City Council), followed by the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD). The four basic purposes of the annual report are as follows:
• To provide information to assess progress on implementation of the General Plan in accordance with the stated goals, policies, and implementation measures. • To provide information to identify necessary course adjustments or modifications to the General Plan as a means to improve implementation.
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• To provide a clear correlation between land use decisions made during the reporting period, and the goals, policies, and implementation measures in the General Plan. • To provide information regarding local agency progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the development of housing.
This year, will be the City of Visalia’s first APR regarding the 203 0 General Plan. The APR covers the period of the previous calendar year, 2023. The APR for the General Plan and for the Housing Element of the General Plan have separate reporting requirements and forms, and as such have been prepared as two separate documents.
The rest of this report will present the chronology of adopted amendments to the General Plan through 2023, present major milestones & projects that occurred in the reporting period, a status update of the implementation measures for the General Plan, and finally a summary of any grants received to assist in implementing the General Plan, along with the next areas of focus in the plan’s continued implementation.
Informational Document
This document is a reporting document. The material and information provided within does not create or alter policy. C ontent provided within this document is provided for informational purposes only and is exempt from the requirements of the California Environmental Quality Act (CEQA) per Guidelines Section 15306, which exempts data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.
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I. Adopted Amendments to the Plan, Projects, and Accomplishments
Adopted Amendments
State law allows the General Plan to be amended up to four times annually. This allows the General Plan to remain a current document responsive to the community’s needs. Requests for amendments may be submitted by individuals or initiated by the City. Amendments to the Visalia General Plan through December 2023 are listed below. It should be noted that t here were no General Plan Amendments approved in 2023.
Amendments to the Visalia General Plan (October 2014 – December 2023) General Plan
Amendment
(GPA) Number
Action Applicant Description
GPA 2015-10 Approved
Ord. 2016-21
City of Visalia A request to change the
Land Use designation on two
parcels totaling 7.7 acres as
follows: A) From a mix of CC
(Convenience Commercial
to PI (Public Institution) to
CMU (Commercial Mixed
Use) on 3.84 acres located
on the southeast corner of
McAuliff Street and Houston
Avenue (APN: 103-120-081)
B) From RLD (Low Density
Residential) to PI (Public
Institution) on 4.9 acres
located on the northwest
corner of McAuliff Street
and Mill Creek Parkway.
GPA 2016-02 Approved
Ord. 2016-36
Kaweah Delta
Health Care District
/ Quad Knopf
A request by Kaweah Delta
Health Care District and CRS
Farming to change the land
use designation from
Medium Density Residential
to Professional
Administrative Office on
1.01 acres. The project site is
located at the northeast
corner of Demaree Street
and Flagstaff Avenue.
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GPA 2016-06 Approved
Ord. 2016-55
City of Visalia Housing Element Update:
General Plan Amendment
GPA 2016-06, a request by
the City of Visalia to Adopt
the 5th Cycle Housing
Element Update.
GPA 2016-10 Approved
Ord. 2016-29
Harvey May / 4-
Creeks
A request by Harvey May &
4-Creeks, Inc. to amend the
General Plan Land Use Map
by revising the Tier 1 and
Tier 2 Growth Boundaries to
move a 66.2-acre site from
the Tier 2 Growth Boundary
to the Tier 1 Growth
Boundary; and, to move a
58-acre site from the Tier 1
Growth Boundary to the Tier
2 Growth Boundary. The
affected sites are located
generally near the northeast
corner of North Akers Street
and West Riggin Avenue,
and south of West Riverway
Drive.
GPA 2016-11 Approved
Ord. 2017-25
City of Visalia Strategic Update to the
City's Subdivision and Zoning
Ordinance and Zoning Map
for General Plan
Consistency.
GPA 2017-01 Approved
Ord. 2017-77
City of Visalia A request to amend General
Plan Land Use Element
Policies LU-P-45 and LU-P-46
(Visalia’s Infill Incentive
Program), and General Plan
Land Use Policy LU-P-20
pertaining to annexation of
Disadvantaged
Unincorporated
Communities (DUC), to be
consistent with the 2016
General Plan Housing
Element, Citywide.
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GPA 2017-03 Approved
Ord. 2017-82
City of Visalia A request to amend the
General Plan Land Use
designation on two parcels
totaling 15.69 acres, from
RHD (Residential High
Density) to RMD (Residential
Medium Density), located on
the northeast corner of
Riggin Ave. and Court St.,
and to revise the Regional
Housing Needs Allocation
(RHNA) Sites Inventory to
reflect the change in
development density
potential.
GPA 2018-02 Approved
Ord. 2018-01
Michael Behzad A request to change the land
use designation from Low
Density Residential to
Commercial Mixed Use for a
2,924 sq. ft. parcel. The
project site is located at 139
E. Houston Avenue, on the
southwest corner of E.
Houston Avenue and N.
Church Street.
GPA 2018-04 Approved
Ord. 2018-52
City of Visalia A request by the City of
Visalia to amend the General
Plan Air Quality Element to
address revisions to the
Indirect Source Review (ISR)
Rule 9510 administered by
the San Joaquin Valley Air
Pollution Control District
(SJVAPCD), Citywide
GPA 2018-06 Approved
Ord. 2018-20
Houston
Investment Co.
A Request by the Houston
Investment Company to
change the land use
designation from Very Low
Density Residential to Low
Density Residential for a five
(5) acre parcel. The site is
located at 2548 N. Linwood
Street.
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GPA 2019-02 Approved
Ord. 2019-16
Alex’s Paint &
Body, Inc.
A request to amend the
General Plan Land Use Map
from Residential Medium
Density to Commercial
Mixed Use on two parcels
totaling a 1.04-acres 3111 E.
Noble Avenue.
GPA 2019-04 Approved
Ord. 2019-30
Howkins
Companies LLC.
A request to amend the
General Plan Land Use Map
from C-S (Service
Commercial) to C-MU
(Commercial Mixed Use) on
a 1.05-acre parcel at 705 S.
Ben Maddox Way.
GPA 2019-06 Approved
Ord. 2020-12
Nizar Karimi A request by Nizar Karimi to
change the land use
designation of a 10,132 sq.
ft. parcel from Low Density
Residential to Neighborhood
Commercial. The project site
is located at 1209 S. Garden
Street.
GPA 2019-08 Approved
Ord. 2019-67
Theodore C.
Calddwell
A request by to change the
general plan land use
designation on nine parcels
totaling 9.2 acres from
Professional / Administrative
Office to 8.4 acres of Service
Commercial and 0.8 acres of
Residential Low Density.
The project site is located on
the southwest corner of Doe
Avenue and El Cajon Street.
GPA 2020-01 Approved
Ord. 2020-33
San Joaquin Valley
Homes / 4-Creeks
General Plan Amendment
No. 2020-01: A request by
San Joaquin Valley Homes to
amend the General Plan
Land Use Designation on
10.32 acres of an overall
16.38 acre parcel from
Conservation to Residential
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Low Density. The remaining
6.06 acres will remain
Conservation. The property
is located on the south side
of W. Hillsdale Avenue
between N. Preston and N.
Tommy Streets
GPA 2020-06 Approved
Ord. 2021-02
San Joaquin Valley
Homes / 4-Creeks
A request by San Joaquin
Valley Homes to amend the
General Plan Land Use Map
by revising the Tier 1 and
Tier 2 Urban Growth
Development Tiers to move
a 19.11-acre site from the
Tier 2 Growth Boundary to
the Tier 1 Growth Boundary;
and, to move approximately
24-acres from the Tier 1
Growth Boundary to the Tier
2 Growth Boundary. The
affected sites are located on
the east side of North Akers
Street between West
Sedona Avenue and south of
the Modoc irrigation canal
(APN: 077-060-034, 19.11
acre site), and 24-acres of an
overall 72.49-acre site
located on the south side
where West Riverway
Avenue terminates west of
North Chinowth Street.
GPA 2021-03 Approved
Ord. 2022-53
DR Horton / QK General Plan Amendment
No. 2021-03: A request by
DR Horton to amend the
General Plan land use
designation for 4.8-acres of
an overall 10.31 acre site
from Residential Very Low
Density to Low Density
Residential. The site is
located at 945 N. Shirk St. on
the west side of N. Shirk St.,
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300-ft. south of W. Pershing
Ct.
GPA 2021-05 Approved
Ord. 2023-42
DR Horton / QK Inc. General Plan Amendment
No. 2021-05: A request to
amend the location and
acreage of General Plan land
use designations within
95.56 acres, resulting in the
elimination of Very Low
Density Residential
designation and
redistribution of Low Density
Residential, Medium Density
Residential, and Parks /
Recreation designations.
GPA 2021-10 Approved
Ord. 2022-11
Ming Lu Jin A request by Ming Lu Jin to
change the land use
designation of 5,196 square
feet of a 15,261 square foot
parcel from Low Density
Residential (RLD) to
Commercial Mixed Use
(CMU). Property located on
the northeast corner of
South Mooney Boulevard
and West Meadow Avenue.
Address: 914 South Mooney
Boulevard.
GPA 2021-14 Approved
Ord. 2023-50
West Star
Construction
A request to amend the
location and acreage of
General Plan land use
designations within 507
acres, resulting in the
redistribution of Residential
Low, Medium, and High
Density, Parks / Recreation,
Commercial Neighborhood,
and Public Institutional
designations, and the
establishment of a
Commercial Mixed Use
designation.
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GPA 2021-16 Approved
Ord. 2023-56
A request to redesignate 42
acres from Residential Low,
Medium, and High Densities
to Parks/Recreation to
facilitate the East Side
Regional Park.
GPA 2022-01 Approved
Ord. 2023-04
Visalia Cemetery
District
General Plan Amendment
No. 2022-01 is a request by
the Visalia Cemetery District
to expand the Visalia
Cemetery per their master
plan by redesignating 14 lots
from Residential Low
Density to Public
Institutional. The lots abut
the following streets: Allen,
Sady, Turner, and Rinaldi.
Building Permits
The Building and Engineering Division received 582 building permits in 2023. Of that total, 416 were residential permits and 166 were commercial. In the 2023 calendar year, building staff processed and finaled a total of 538 residential building permits. The total number od finaled building permits included 411 single-family production home permits, 59 multi-family production permits, 38 custom home permits, 18 single-family second unit permits, and two remodel/ addition permits. These figures are represented in the table below:
0 50 100 150 200 250 300 350 400 450
Single-Fam. (Prod)
Custom Homes
Multi-Fam. (Prod)
Second Unit
Duplex
Addition
Finaled Permits
Number of Permits
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In the 2023 calendar year City staff received a total of sixteen (16) develop proposals to review. The proposals totaled 1,878 proposed housing units. The housing applications were submitted to the Planning Division for either entitlement for deemed a “by -right” use and reviewed for zoning consistency and development standards or state allowances . Of the sixteen (16) applications submitted to staff for review ten (10) were processed as entitlements, totaling 1,745 units. While only six (6) applications were processed ministerially, totaling 167 units.
Planning Entitlements and Site Plan Review
The Planning Department also processed a variety of land use permits during 2023, including but not limited to conditional use permits (CUP), variances, subdivisions, and associated environmental reviews. During the past year, the Planning Commission agendas included the following application types:
• 42 Conditional Use Permits
• 9 Tentative Parcel Maps
• 3 General Plan Amendment
• 3 Variances
• 3 Annexations
• 2 Tentative Subdivision Maps
• 2 Zoning Text Amendments
• 2 Specific Plans
Of the projects reviewed by the Planning Commission, fifteen (17) projects were also presented to the City Council.
Other Plans and Projects
The following discussion summarizes other projects which the C ity expended substantial efforts in 2023.
Environmental Justice Element
The City began preliminary work on the proposed Environment Justice Element of the General Plan in 2022 to meet the requirements set out by the Department of Housing and Community Development when certifying the City’s sixth cycle of the Housing Element Update. The creation of the Environment Justice Element required a considerable amount of time and effort as it involved incorporating goals, policies and implementations found in other areas of the General Plan, and creating goals, policies and implementations relevant to the objectives and goals mandated for the Environmental Justice Element. Staff are still working with a consultant to finalize a draft. P ursuant to Senate Bill 18 , the tribes were notified about the proposed Environmental Justice Element adoption into the General Plan and presented an opportunity to request consultation. Following any requests for consultation received by a tribe the C ity plans to take the Environmental Justice Element to Planning Commission in the summer of 2024 and if recommended for approval by the Planning Commission, the Environmental Justice Element will be presented to the City Council for approval in the summer of 2024. 538
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2021 Housing Element Update
The City’s General Plan Housing Element was due for an update in 202 3 (2023-2031 planning period). The City of Visalia began preliminary work on the update during the summer of 2022.
This included securing a Regional Local Early Action Planning ( REAP) grant and the Local Early Action Planning ( LEAP) grant from the State. The C ity expended a tremendous amount of time and effort in updating its Housing Element with assistance from Mintier Harnish consultants to meet all of the new requirements . The Update was completed and adopted by City Council and submitted to the State Housing and Community Development Department in December 2023.
Adoption of an Agricultural Land Preservation Program
The City Council directed staff to prepare an agricultural preservation ordinance to implement General Plan Land U se Element Policy LU -P-34, which required the establishment of an Agricultural Mitigation Program. T he policy describes that the City’s mitigation program shall allow mitigation to be pro vided by purchase of conservation ease ment or payment of fee .
Additionally, the mitigation program would require easements to be held by a qualifying entity, such as a local land trust, and require the submission of annual monitoring reports to the City.
The mitigation program would specifically allow exemptions for conversion of agricultural lands in Tier I, or conversion of agricultural lands for agricultural processing uses, agricultural buffers, public facilities, and roadways.
Based on direction received from the City Council at their March 6, 2023, and December 5, 2022, Work Sessions staff, along with the City’s consultant, prepared a draft APO . The item was presented to Council at a publicly noticed meeting on May 1, 2023, then second a second reading was held adopting Ordinance 2023-02 on May 15, 2023. The ordinance became enacted 30-days later on June 14, 2023. The adoption of the Agricultural Land Preservation Ordinance (APO) was a necessary step for development projects in the Tier II and Tier III growth boundaries to proceed.
Senate Bill 2 (SB-2) Planning Grant for Affordable Housing & Accessory Dwelling Units (ADUs) SB2 was adopted by the State Legislature in 2017 to provide a permanent source of funding to help local jurisdictions provide affordable housing. In 2019, funding was directed at planning assistance that helps to achieve affordable housing goals. The grant funding was allocated by an “over the counter” non-competitive means to all eligible jurisdictions in the State. The c ity submitted an application for this funding and was able to hire a local licensed design firm to produce “Permit Ready” ADU plans for residents within the City. Consequently, the plans were updated to meet the new building code cycle in 2023. To date, twenty (20) plan sets have been provided to residents upon request, eleven (11) of which were in 2023.
Short-term Rentals
In 2023, the City determined that short-term rentals would require a ministerial permit within all Residential Zoning Districts. Short -term rentals were presented in wor k session format to the Planning Commission in August 2023 and to City Council in May 2023. With direction provided, staff reviewed how other agencies had addressed short -term rentals and d rafted potential regulations for the use in all residential zones . In October 2023 an ordinance was approved by the City Council allowing for the short-term rental of residential properties subject to an approval 539
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of a ministerial permit. The City began approving permits for short term rentals in December 2023. Based on public input and recommendations from the Council , an update on the number of short-term rental permits issued and outstanding unpermitted operators will be revisited by the Council in summer of 2024. This meeting will help to better understand whether an ordinance will need to be drafted to further amend the use.
Zoning Ordinance/General Plan Update
The City adopted a comprehensive General Plan update in 201 4. One of the follow -up actions directed in the 20 14 General Plan was to update the Zoning Ordinance. Staff worked with QK, Inc., in 2015 through 2017 to prepare updated Zoning and Subdivision sections and incorporated the Planning Commission’s and City Council’s input into a comprehensive Zoning and Subdivision Ordinance update. In the 2023 calendar year, staff has been collecting inconsistency or portions of the zoning ordinance which are either conflicting or could benefit from textual “clean- up” for an eventual zoning ordinance update or intermittent correction.
Specific Plans
In 2023 the City approved the Carleton Acres and Pratt Family Ranch Specific Plans. These entitlements include an approximate total land area of 563.86 -acres and a total housing unit potential of 3,415 units across two development growth boundaries. The Carlton Acres Specific Plan project is the larger of the two, measuring approximately 468.3-acres and the Pratt Family Ranch Specific Plan measuring approximately 95.56-acres. Entitlements for housing subdivisions were approved as part of the specific plan approval and housing production is anticipated to begin in late 2024.
Storm Water and Sanitary Sewer (Water Reclamation Facility) Master Plan Update The City’s Capital Improvement Project engineering staff have been working extensively to address the City’s existing and future needs with regard to sanitary sewer and storm water infrastructure services. The main goal of the update is to revise both the Sanitary Sewer and Storm Water Master Plan s in accordance with the General Plan and the land use diagram. The study area for the update has predominantly been the Tier 3 urban growth boundary with the exception of the waterways and basins located outside the boundary to the east and west. The following General Plan policies specifically apply to the update. These policy descriptions are a summary of the actual policy wording that only focuses on the portion applicable to storm drainage.
• Policy P-55 (Wastewater) requires periodic review and updates to development Impact Fees, wastewater connection charges, and monthly service charges to provide adequate funds are collected to operate and maintain existing facilities and to construct new facilities.
• Policy P-57 (General Utilities) requires updates to public facility master plans related to infrastructure development to provide existing levels of service that can be maintained for proposed land uses and development densities.
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• Policy P -59 (General Utilities) requires implementation of public facility master plans through various funding mechanisms including assessment districts, user fees, development Impact Fees, reimbursement agreements, and/or other mechanisms that provide for equitable distribution of development costs. • Policy P-1 (Park System Planning) requires an assessment of opportunities for joint use of city parks with storm water basins.
• Policy P-46 (Water Conservation) is a broad policy for the CITY to continue in an active role in regional and local water management planning. This policy focuses on storm water by identifying the configuration of storm water facilities designed to retain and recharge as much storm water as possible within and near the CITY. • Policy P-61 (Storm Drainage) requires the CITY to establish a Storm Water Management Program and adopt a Storm Water Management Ordinance to minimize storm water runoff rates and volumes, control water pollution, meet regulatory requirements, and maximize groundwater recharge. New dev elopment will be required to include Low
Impact Development (LID) features that reduce impermeable surface areas and increase infiltration.
• Policy P-62 (Storm Drainage) requires updating the Storm Water Master Plan to provide site-appropriate solutions that protect surface water quality and meet regulatory requirements as directed by the Storm Water Management Program. • Policy P-46 (Implementation) uses the term “storm water facilities,” and this applies to two types of facilities in the city: basins and waterways. Implementing this policy results in retaining the design storm in basins citywide as much as is practical. The CITY discharges some of it s storm water into waterways. These discharges should be prevented from continuing downstream and instead be diverted into off -stream storage basins as much as is practical. There is a priority for implementing this policy for Visalia being a member of the Mid-Kaweah Groundwater Sustainability Agency, and the Agency is actively working to develop a Groundwater Sustainability Plan.
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II. General Plan Elements
The General Plan details the C ity’s guiding principles for a variety of planning topics and is the roadmap for future development. California Government Code Section 65300 et seq. provides direction and specifications for the content of the General Plan. The following eight elements are required:
• Land Use
• Circulation
• Conservation
• Open Space
• Noise
• Safety
• Environmental Justice
The elements may be combined or renamed, but basic requirements must be included. An agency may adopt any type of optional element, such as an Economic Element, at its discretion.
Only the Housing Element must be certified by another agency (i.e., HCD), although the State Geologist and CalFire provide some oversight of other aspects.
The City of Visalia General Plan consists of the following Elements:
• Land Use
• Historic Preservation
• Circulation
• Parks, Schools, Community Facilities, and Utilities
• Open Space and Conservation
• Air Quality and Greenhouse Gases
• Safety and Noise
Subtopics are included in the elements to meet California’s requirements. The following sections address implementation for each of the County’s General Plan Elements.
Land Use Element
The purpose of the Land Use Element is to present a framework to guide future land use decisions and development in Visalia, while also enhancing community character and improving the city’s look and feel. The element forms the core of the General Plan, an d its policies articulate the community’s land use and growth management priorities through 2030.
The element includes the Land Use Diagram, land use classifications, standards for density and intensity, and growth boundaries and phasing. The objectives and policies focus on several distinct areas: economic development; urban boundaries and growth management; rural buffer and edge conditions; community design; infill development incentives; residential neighborhoods; commercial and mixed uses; Downtown and East Downtown; industrial land uses; institutional and civic land uses; and the airport. Together, these policies help define Visalia’s physical development and reinforce its commitment to balancing land use requirements 542
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with community needs and economic growth, while also allowing for flexibility in implementation to respond to the real estate market.
Historic Preservation Element
As the oldest Central Valley city south of Stockton, Visalia hosts an impressive collection of historic sites and structures, including four that are listed on the National Register of Historic Places. Numerous distinctive architectural styles are present in Visalia, concentrated in the city’s historic core; particularly notable examples are recorded in the city’s local registry.
The Historic Preservation Element features a summary of Visalia’s historic resources and its existing historic district. It presents the City’s Historic Preservation Ordinance, and identifies other complementary programs, as well as factors that may have t he effect of discouraging historic preservation. The Element presents a set of objectives and policies that reflect recommendations of the Historic Preservation Advisory Committee, as confirmed by the General Plan Update Review Committee (GPURC).
Circulation Element
The Circulation Element of the 2030 General Plan is intended to provide guidance and specific actions to ensure the continued safe and efficient operation of Visalia’s circulation system. The Element is based on a fundamental philosophy that traffic conditions in the City can be managed through a comprehensive program of transportation planning, land use planning, and growth management strategies. This Element includes provisions for roadways, transit, aviation, pedestrian, and bicycle transportation modes, as well as parking conditions.
The Circulation Element responds directly to the Government Code [Section 65302(b)], which requires “a circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.”
State Law recognizes that circulation and land use are closely related and requires that policies in this Element and the Land Use Element be linked. Careful integration of the City’s traffic and circulation policies with its land use policies will ensure that there is sufficient roadway capacity to accommodate traffic generated by planned future development. The City is committed to designing a system of regional routes, local roads, public transit and bicycle and pedestrian pathways that will enhance the community and protect the environment.
The Land Use Element contains policies related to the physical framework for development that the circulation system is designed to serve all transportation users including vehicles, trucks, bicyclists and pedestrians. This Element also addresses landscapi ng along major streets and planning for street connectivity in new neighborhoods. It discusses how to create pedestrian - friendly environments and design for alternate modes of transportation. The Noise Element of the General Plan includes policies to alleviate noise generated by traffic conditions.
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Parks, Schools, Community Facilities, and Utilities
This element presents Visalia’s policies and programs for the development and maintenance of parks, schools, and other fundamental building blocks for new neighborhoods to be built over the next two decades. As presented in the Land Use Element, new neighborhoods are designed to protect and enhance community assets, including small town character and a strong sense of community. Policies in this chapter also reinforce the linkages between schools and parks envisioned in the Transportation Element, with roadways, bikeways, trails, safe routes to schools and pedestrian facilities. Finally, this chapter presents objectives and policies for the fire and police services, water supply and conservation, wastewater and solid waste collection, treatment and disposal, and utilities that are essential to support urban development.
Open Space and Conservation Element
The Open Space and Conservation Element establishes policies for the conservation of natural resources in Visalia. The Element addresses open space resources; land resources including farmland and minerals; water resources including groundwater and waterways; biological resources; and cultural and historic resources. Air quality and greenhouse gases are also important environmental issues for the Planning Area and are addressed in Chapter 7.
The City of Visalia defines open space as any parcel of land or body of water that is essentially unimproved and undeveloped or is used for recreation. This includes agricultural land, recreation areas, areas with hazardous conditions, and conservation are as as well as open space to shape and limit urban form. Currently there are approximately 39,760 acres in agricultural use, accounting for 65 percent of all land in the Planning Area. In addition, there are about 400 acres of land in and along waterways or canals, and 1,167 acres of park land.
Air Quality and Greenhouse Gases Element
Visalia is located in the San Joaquin Valley Air Basin (SJVAB). The Air Quality monitoring has been conducted in the SJVAB for many years. While new and innovative pollution controls have made the San Joaquin Valley Air Pollution Control District (SJVAPCD) a leader in the rate of improvement, the region is not in attainment for numerous criteria air pollutants and the air basin still has poor air quality. Much of this pollution is attributed to the Valley’s topography, meteorology, two major highways, and intensive agricultural uses. In 2011, the major sources of air pollution in the San Joaquin Valley were heavy duty trucks, other mobile sources, autos and light trucks, and fuel combustion from stationary sources. Ozone and particulate matter are the two largest contributors to the Valley’s poor air quality. The causes and effects of these and other air pollutants are discussed in the next section. The California Air Resources Board (CARB) operates a regional network of air pollution monitoring stations that provide information on ambient concentrations of criteria air pollutants and toxic air contaminants. In Tulare County, CARB measures certain air pollutants, such as carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), and particulate matter less than 2.5 microns in diameter (PM -2.5). Data is collected at five active air quality stations located in Tulare County. The station in Visalia is on North Church Street
Safety and Noise Element
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health and safety hazards that exist within the City, and to establish preventative and responsive policies and programs to mitigate their potential impacts. This Element addresses geologic hazards, flood hazards, hazardous materials, wildfire hazards, and safety services. It also includes policies on natural hazards mitigation planning, which respond to the Federal Disaster Mitigation Act of 2000 and the Federal Emergency Management Agency’s implementing regulations and support the County’s Multi -Jurisdictional Local Hazard Mitigation Plan. Airport safety is addressed in the Land Use and Circulation Elements, as well as in the Noise section of this chapter. The purpose of the Noise section is to identify the noise sources that exist within the City, and to establish policies and programs to mitigate their potential impacts through both preventative and responsive measures. The regulation of some noise sources such as railroad operations and aircraft operations is overseen by state and federal agencies. This element has a direct correlation with the land use, circulation, and housing elements. It guides the location of industrial land uses and transportation facilities, since they are common sources of excessive noise levels. This element also guides the locat ion of particularly noise – sensitive uses, such as residences, schools, churches, and hospitals, so that they may be less affected by noise.
III. General Plan and Zoning Code Updates
The City comprehensively updated its General Pla n on October 14, 2014. One of the follow-up actions was to update the City’s Zoning Code per the direction provided in the Genera l Plan.
During the past several years staff has been working to update the Zoning Code based primarily on state changes to housing law.
IV. Conclusion
The General Plan is the City’s constitution and guiding vision. Due to the world’s ever -changing nature, upkeep and maintenance of the General Plan is a continuous process. The C ity implements the General Plan’s vision on a day -to-day basis in its many planning projects, and strives to include the public in the decision-making process.
The City provided leadership and participated in many planning activities in 2023, as identified in this report. It continued its project review responsibilities to further the General Plan’s goals, policies, programs, and implementation measures.
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Appendix A
Government Code Section 65400
(a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preserva tion and conservation of open -space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A) The status of the plan and progress in its implementation.
(B) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Prior to and a fter adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. The report may include the number of units that have been substantially rehabilitated, converted from non- affordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet t he standards set forth in that subdivision.
(C) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(b) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragra ph (2) of subdivision (a) that 546
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substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October follow ing the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a) , but no sooner than six months following that adoption.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0141 Agenda Date: 4/15/2024 Agenda #: 10.
Agenda Item Wording:
Award Contract - Authorize the City Manager to award a contract not to exceed $190,000 to Sebastian for the installation and replacement of the fire alarm system at the Convention Center and appropriate $190,000 from the Capital Improvement Fund.
Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number: Adrian Reynosa, Convention Center Manager, [email protected], 713-4004 John Lollis, Assistant City Manager, [email protected], 713-4323
Department Recommendation: Staff recommends that the City Council authorize the City Manager to enter into a contract with Sebastian for the replacement and upgrade of the fire alarm system at the Convention Center. Staff is requesting approval for the following:
· Waive the formal bid process and award to Sebastion for a not to exceed of $190,000; · Authorize staff to enter into a 5-year maintenance and monitoring contract for a not to exceed $35,000; and
· Appropriate $190,000 from the Convention Center Capital Fund Background Discussion:
On December 29, 2023, the City’s Fire Department put the Convention Center on fire watch due to five missing fire sensors. Staff immediately contacted Siemens, who maintains the existing fire system to replace the sensors, however, the sensors are obsolete and cannot be replaced without a system upgrade. Fire watch continues to occur twenty-four (24) hours a day, seven days a week.
During non-scheduled staff hours, security is contracted to cover the facility at an average cost of $200 per day.
Staff received two proposals for the replacement and upgrade of the fire alarm system. The first proposal is from Siemens for $169,980.00 and is for the replacement of the fire alarm panels and refurbishment of the existing sensors, which is proprietary to Siemens. The second proposal is from Sebastian for $184,871.29 and is for the upgrade and complete replacement of the fire alarm system with brand new equipment. The system is an open system, which would allow any qualified vendor to perform work on the system if there is an issue. The annual cost for maintenance and monitoring for Siemens is $5,400, compared to $6,880 for Sebastian.
Although the Siemens proposal is at a lower overall cost of than the Sebastian proposal, staff recommends the Sebastian proposal. Internal staff discussions, including the Fire Marshal and Information Technology, all recommend the Sebastian open fire alarm system, and currently both the Visalia City Council Printed on 4/12/2024Page 1 of 2
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Fire and Police Departments have Sebastian fire alarm systems and are pleased with the performance. The Sebastian proposal will include a new upgraded system and the flexibility for multiple vendors to provide necessary service, while Siemens includes only a portion of new equipment and the refurbishment of the existing and a proprietary system restricted to Siemens service, which would likely result in the future replacement of equipment and additional costs and delays.
Fiscal Impact:
Staff recommends a contract for the replacement and upgrade of the fire alarm system at the Convention Center at an amount not to exceed $190,000, and an appropriation from the Convention Center Capital Improvement Fund. The maintenance costs will be included in the new 2 year budget. (4135-54155).
Prior Council Action: None
Other: N/A
Alternatives: Authorize a contract with Siemens for an amount not to exceed $175,000, Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to enter into a contract with Sebastian for a not to exceed amount of $190,000 for the installation and replacement of the fire alarm system at the Convention Center, appropriate $190,000 from the Convention Center Capital Improvement Fund, and authorize a 5 year maintenance and monitoring contract for not to exceed $36,000.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Attachment 1 - Siemens Proposal
Attachment 2 - Sebastian Proposal
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0145 Agenda Date: 4/15/2024 Agenda #: 11.
Agenda Item Wording:
Visalia Convention and Visitors Bureau Agreement - Authorize the City Manager to enter into a Professional Services Agreement with the Visalia Convention and Visitors Bureau for convention sales and tourism marketing services for the 2024 calendar year in the amount of $361,049.
Deadline for Action: 4/15/2024
Submitting Department: Administration
Contact Name and Phone Number:
John Lollis, Assistant City Manager, [email protected], 713-4323 Department Recommendation:
Staff recommends that the City Council authorize the City Manager to enter into an agreement with the Visalia Convention and Visitors Bureau (CVB) for January 1, 2024 - December 31, 2024 for a contracted amount of $361,049.
Background Discussion:
The Convention and Visitor Bureau (CVB) has provided convention and tourism marketing services for the City since 2004. While still recovering to pre-COVID statistics, the CVB’sefforts have been increased in the past few years with the implementation of a Tourism Marketing District (TMD) that generates over $600,000 a year for tourism marketing. The CVB reports that there were thirteen (13) conventions booked during 2023, and 2024 thus far has twenty (20), with currently seven convention contracts pending.
Sales and marketing has served as the cornerstone of the scope and services identified within the agreement and is defined within Exhibit A (attached). During the 2023 calendar year, the CVB established an ad hoc committee to review and propose to the CVB board revisions and metrics to be tracked and presented back to the City for establishment of a return on the approximately $360,000 that is contributed to the CVB. Due to staff changes in both organizations, these discussions are continuing, so the previous contract is being extended for one year based on the 2023 service requirements.
The prior Agreement with the CVB called to produce at least 6,900 (2022) and 7,300 (2023) new room nights through either convention or tourism confirmed sales. In 2022, the CVB indicates it produced 4,510 new room nights (65%), and 1,955 new room nights in 2024 (27%). The proposed draft agreement remains consistent in both reimbursement and required convention sales figures as spelled out for 2023. As required in the contract, the CVB has provided City Staff with a 2023 year- end report.
A one-year agreement is recommended to allow the City and CVB to fine tune the revisions and metrics that will be tracked for performance, returning to the City Council at the end of 2024 for Visalia City Council Printed on 4/12/2024Page 1 of 2
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metrics that will be tracked for performance, returning to the City Council at the end of 2024 for consideration of a one or two-year agreement that would cover 2025 and/or 2026.
Fiscal Impact:
The General Fund (Fund 001) Division 1051 currently budgets $361,049 for the current fiscal year.
No changes to the City contribution amount are being proposed at this time.
Prior Council Action:
December 20, 2021
City Council approved two single year contracts for 2022 and 2023 with the Visalia Convention and Visitors Bureau for $347,163 and $361,049 respectively.
Alternatives:
1. Do not enter into an agreement.
2. Direct staff to renegotiate the agreement with different parameters.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to enter into an agreement with the Visalia Convention and Visitor Bureau for the 2024 calendar year in the amount of $361,049.
Environmental Assessment Status:
N/A
CEQA Review:
N/A
Attachments:
1. Draft Agreement Exhibit A
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0067 Agenda Date: 4/15/2024 Agenda #: 1.
Agenda Item Wording:
Adopt 2024 Annual Action Plan - Conduct a second Public Hearing to adopt and appropriate the Program Year (PY) 2024 Annual Action Plan, and PY 2019 CDBG CARES Act (CDBG-CV) Annual Action Plan Amendment IV for the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME) activities.
Deadline for Action: 4/15/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Margie Perez, Housing Specialist, 713-4460, [email protected] <mailto:[email protected]>; Melody Murch, Assistant Finance Director, 713-4379, [email protected] <mailto:[email protected]>; Renee Nagel, Finance Director, 713-4378, [email protected] <mailto:[email protected]> Department Recommendation:
1. Conduct a second a Public Hearing, allowing a final opportunity for citizens to provide input and comment on the proposed 2024 Annual Action Plan, and 2019 CDBG-CV Annual Action Plan Amendment IV;
2. Adopt and appropriate the proposed 2024 Annual Action Plan, and 2019 CDBG-CV Annual Action Plan Amendment IV activities;
3. Authorize City Manager or their designee enter into all contracts as listed in 2024 Annual Action Plan;
4. Authorize City Manager or their designee to submit the 2024 Annual Action Plan, and 2019 CDBG-CV Annual Action Plan Amendment IV to HUD.
Background Discussion:
As an entitlement community (EC) for CDBG and a participating jurisdiction (PJ) for HOME, the City of Visalia receives federal formula grants through the U.S. Department of Housing and Urban Development (HUD). This provides the City with annual direct grant funding for the benefit of low- income persons and households. As required by HUD, the City developed a 5-year Consolidated (ConPlan) to guide the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) funds. HUD requires the City to develop an Annual Action Plan to meet the CDBG and HOME objectives established in the 5-year Strategic Plan within the Council approved ConPlan. The 2024 Annual Action Plan is the 5th year of the 5-year ConPlan that has been produced based on the objectives established in the City’s 5-year Strategic Plan for the Program Years 2020/21 through 2024/25.
Staff is seeking final public comment on the priorities and activity allocations proposed for the 2024 Annual Action Plan, and 2019 CDBG CARES Act (CDBG-CV) Annual Action Plan Amendment IV.
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Tonight’s public hearing will complete the citizen participation process which has been conducted to obtain community input for the development of the proposed Program Year (PY) 2024 Annual Action Plan, and PY 2019 CDBG-CV Annual Action Plan Amendment IV. This is the second public hearing to be held by Council, with the first having been held on April 1, 2024. The proposed plans were also presented at the Citizens Advisory Committee (CAC) on April 3, 2024, to receive additional public input. Council is asked to consider the comments, recommendations, and requests for funding as provided in further detail below and provide final approval.
PY 2024 Proposed Annual Action Plan: The proposed PY 2024 Annual Action Plan consists of an estimated $1,300,000 in CDBG projected resources, and $1,065,000 in HOME projected resources.
The PY 2024 proposed CDBG and HOME resources, activities, and funding allocations are explained in further detail below.
PY 2024 Proposed Community Development Block Grant (CDBG) Resources and Expenses:
The PY 2024 CDBG resources consists of $1,200,000 in estimated annual grant allocation, and $100,000 in estimated program income for a total of $1,300,000 in PY 2024 CDBG resources as identified in Table 1: 2024 CDBG Projected Resources. *CDBG program income is generated from repayments of CDBG funded first-time homebuyer and owner-occupied rehabilitation loans.
The proposed activities for the PY 2024 Action Plan were formulated based upon applications received in response to a Notice of Funding Availability (NOFA). A NOFA was released to allow all interested parties to apply for available funding to administer programs in accordance with the City’s 5-year ConPlan goals and priorities approved by Council on April 20, 2020. The City released a NOFA from January 3rd, 2024, through February 15th, 2024, to solicit applications for the administration of the City’s PY 2024 CDBG public services, emergency accessibility home repair program, and senior/disabled mobile home repair program. The NOFA was published in the Visalia Times Delta on 1/3/24 and 1/10/24. The NOFA was posted on the City’s purchasing website, on the Central Valley Purchasing System “BidNet”, and on the Kings/Tulare Homeless Alliance listserv, which has over 400 recipients.
Recommended 2024 Annual Action Plan Activities:
The proposed 2024 Annual Action Plan activities and their respective funding are included, as Attachment B: 2024 AAP Amendment Table. The public hearing to be conducted tonight will allow Council a final opportunity to comment, discuss, and direct any necessary changes to the proposed activity allocations. In addition to the activities described below, the 2024 proposed CDBG administration budget is $260,000, which is allowed 20% of the annual grant allocation and program income.
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the 2024 grant allocation and prior year program income. Funding requests received for the $240,000 of Public Services funding totaled over $500,000, which is twice the funding available.
The Committee funding recommendations are based upon the priorities set by the current ConPlan and intended to provide funding where it will be most impactful. Priority is recommended for programs that directly fund housing placements for homeless individuals through the provision of rent, vouchers, or the operation of housing units. The NOFA also imposed the limitation of program administration (staffing, operating, etc.) to 25% of total program budgets. To distribute the available funding, some applications have been partially funded, and two have not been recommended for funding.
The PY 2024 Proposed CDBG Public Services are listed below and included in Table 2: PY 2024 CDBG Proposed Public Services.
· Kings/Tulare Homeless Alliance (KTHA): At $20,000.
o KTHA is the designated Continuum of Care (CoC) for our region. The CoC is recommended by HUD as a comprehensive approach and to promote communitywide cooperation to ending homelessness. As the designated CoC, KTHA oversees the Point in Time (PIT) Count. KTHA oversees the administration of HUD funded Permanent Supportive Housing (PSH) and Rapid Rehousing (RRH) programs, as well as the Coordinated Entry System (CES) which begins the process of housing placement.
KTHA also operates the Visalia weekly Local Initiatives Navigation Center (LINC) at the Visalia Rescue Mission to promote homeless services including mental health assessments/enrollments, document readiness, mainstream benefit enrollment, social security advocacy, substance abuse program enrollments, veteran services, clothing assistance, and food assistance.
· Family Services of Tulare County (FSTC): At $50,000.
o FSTC administers a HUD CoC Permanent Supportive Housing (PSH) rental voucher programs that require a 25% match to secure funding. These CDBG funds will be used as a required match to secure PSH rental vouchers for chronically homeless individuals residing in Visalia. FSTC also provides ongoing case management and support services to chronically homeless persons already housed in Visalia who are currently receiving a PSH voucher. If PSH match is not secured, these currently housed chronically homeless individuals could return to homelessness. · Kings View PATH Program (PATH): At $20,000.
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security deposits, rental application fees, utility deposits, motel vouchers, legal document fees, and emergency rental assistance to prevent evictions. Outreach services also include case management, transportation assistance, legal document assistance, linkage to employment services, and completion of the VI-SPDAT assessment to begin permanent housing placement. In addition, 90% of Kings View PATH CDBG funds go directly to client assistance. Kings View leverages other funding sources to cover salaries and administrative costs.
· Elevate Community Services (Elevate): At $25,000.
o Elevate requires match funding to secure 22-units of HUD CoC permanent supportive housing (PSH) vouchers for FY 2024/25 for the Majestic Gardens. The Homekey contract has been executed and project completion is expected in September 2024. As a result, rental assistance and PSH match is needed in FY 2024/25. If PSH match is not secured in FY 2024/25, 22 PSH vouchers will be lost for the project and the region as they will be returned to HUD. Funding opportunities for FY 2024/25 are very limited to meet the PSH match requirement for the next fiscal year. CDBG funds will also be used to provide on-site case management and supportive services to tenants to ensure housing stability.
· Self-Help Enterprises (SHE) Eden House: At $125,000.
o SHE is requesting operational funding for Eden House, a transitional - bridge housing project for people experiencing homelessness awaiting a permanent housing unit.
Operational expenses include a housing specialist to place clients into permanent housing and meal assistance for 15 designated Visalia beds. Eden House serves as an additional level of support in transitioning from homelessness including the Navigation Center to independent permanent housing.
o Eden House currently receives 15% of the city annual Permanent Local Housing Allocation (PLHA) allocation. However, in FY 2023/24, PLHA funds were 50% less than the previous year reducing the Eden House annual allocation from $277,551 to $94,622. The proposed CDBG funds will help alleviate the reduction of PLHA funds.
Eden House also recently applied for $400,000 in Homeless Housing, Assistance and Prevention (HHAP) Round 5 and was not awarded any funding. As a transitional bridge housing project, it is unable to charge rents to collect ongoing revenue, such as permanent housing projects. As a result, Eden House is dependent on grant funding for ongoing operating costs. If insufficient grant funding is not secured each year, the project is at risk of closing.
CDBG public services are limited to 15% of the grant annual allocation and prior year program income. Due to limited public services funding, priority is recommended for programs that directly fund housing placements for homeless individuals through the provision of rent, vouchers, or the operation of housing units. As result the following applications were not recommended for FY 2024/2025 CDBG public services funding.
· United Way of Tulare County (UWTC): Requested $180,000 and the NOFA Committee recommends $0.
o UWTC proposed to provide homeless prevention services that includes emergency rental and/or utility assistance to prevent an eviction or utility service cutoff for low-and moderate-income households experiencing an economic hardship. The NOFA Visalia City Council Printed on 4/12/2024Page 4 of 10
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committee does not recommend awarding homeless prevention programs at this time, because priority is recommended for programs which provide housing for individuals currently experiencing homelessness. In addition, $291,599 in CDBG-CV funds were provided for rental/mortgage assistance for January 1st through December 31st, 2023. · Salt + Light (SL): Requested $76,000 and the NOFA committee recommends $0. o SL Everyone Eats Food Truck Program proposed to provide food assistance and street case management to people experiencing homelessness. The food truck is how SL has cultivated trust for relationship-based care and services, and it serves as the gateway to housing because from these touch points, then referred to case management services and social enterprise services.
o The NOFA committee does not recommend awarding this program because it does not create or fund housing as discussed above, and 72% of the overall program funding is spent on administration, which exceeds the standard set by the NOFA. Consideration was given to partially fund this program but given that other housing projects were not funded recently by another funding source, the committee is recommending focusing on housing programs.
The PY 2024 CDBG Proposed Affordable Housing Projects are listed below and included in Table 3:
PY 2024 CDBG Projected Affordable Housing.
· Habitat for Humanity (Habitat): At $50,000.
o Habitat applied for $50,000 to administer an Emergency Repair and Accessibility Program (ERAP) to provide at least 8 low-income owner-occupied households with necessary emergency and accessibility repairs and improvements, and $75,000 to administer a Senior Mobile Home Repair Program (SMHRP) to provide senior and/or disabled owner-occupied mobile homeowners with necessary repairs. o The NOFA committee recommends awarding $50,000 to administer an Emergency Repair and Accessibility Program (ERAP) to provide at least 8 low-income owner- occupied households with necessary emergency and accessibility repairs and improvements.
· Self-Help Enterprises (SHE): At $75,000.
o SHE will administer a Senior Mobile Home Repair Program (SMHRP) to provide at least 3 senior and/or disabled owner-occupied mobile homeowners with necessary repairs including roof replace/replacement, accessibility improvements, floor repair/replacement, plumbing improvements, and energy efficient improvements. o The SMHRP policies currently limit the per unit assistance at $11,500, Staff recommends effective immediately to increase the per unit cost from $11,500 per unit to $25,000 per unit to allow for additional mobile home repairs including roof repairs. The Visalia City Council Printed on 4/12/2024Page 5 of 10
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most sought-after repairs are roof repairs ranging from $20,000 to $25,000 per mobile home. This change will provide much needed assistance.
· Code-Enforcement: At $175,000 to provide code enforcement inspections in CDBG eligible low-moderate income target areas to address substandard housing. This funding pays the full cost of one staff position which is responsible for code enforcement in CDBG Target Areas. A code enforcement staff person has been funded with CDBG annually for 25+ years. Code Enforcement activities were identified as an objective during the development of the 5-year Consolidated Plan. HUD requires consistent CDBG drawdowns to prevent becoming an at-risk grantee. Code Enforcement allows for consistent monthly CDBG drawdowns to remain in compliance with CDBG regulations.
The PY 2024 CDBG proposed facility improvement projects are listed below and included in Table 4:
PY 2024 CDBG Projected Facility Improvement Projects.
· Parks Improvements - Lincoln Oval Park: At $50,000 for park improvements at Lincoln Oval Park to complete the installation of wrought iron fence around the park and provide LED lighting. On April 20, 2020, Council approved $50,000 for park improvements in the current 5- year ConPlan. A CIP number will be created.
· ADA Compliance Project - ADA Tree Wells (CP0618): At $450,000 for ADA Compliance Projects, which includes design and construction for tree well rehabilitation in the downtown area per the request of the Disability Advocacy Committee (DAC) in 2020, prior to its disbandment into the Citizens Advisory Committee. The current condition of the tree wells creates barriers to accessibility in the downtown area and this project is a high priority for Visalia’s disabled citizens.*Any increase or decrease of PY 2024 CDBG annual allocation or program income will be an adjustment to the ADA Compliance Project.
PY 2024 Proposed HOME Investment Partnership Program (HOME) Resources and Expenses:
The PY 2024 HOME projected resources include $540,000 in HOME estimated annual grant allocation, $100,000* in estimated program income, and $425,000 in prior year resources for a total of $1,065,000 as identified in Table 5: PY 2024 HOME Projected Resources. *HOME program income is normally generated from repayment of HOME funded first-time homebuyer or owner- occupied rehabilitation loans.
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The PY 2024 Proposed HOME funding is listed below and included in Table 6: PY 2024 HOME Proposed Funding.
· HOME Administration: At $64,000 for PY 2024 HOME Admin and Planning. This amount is at the 10% allowed for administration of the HOME program by HUD. · HOME CHDO Multi-Family Project Rancho Colegio: At $1,001,000 to HOME CHDO Multi- Family development project Rancho Colegio as approved by Council on August 7, 2023, and in the current 5-year ConPlan. As a HOME Participation Jurisdiction, the City is required to provide at least 15% of the annual HOME funds awarded to a Community Housing Development Organization (CHDO) to develop affordable housing. Self-Help Enterprises (SHE) is currently the only certified CHDO for the City of Visalia. The 15% CHDO set-aside has been combined with additional available HOME funds from FY 2023/24 and 2024/25 to provide for a CHDO multi-family project as specified in the current 5-year ConPlan. *Any increase or decrease of PY 2024 HOME annual allocation or program income will be an adjustment to the HOME CHDO Multi-Family project.
The PY 2019 Annual Action Plan Amendment IV:
The PY 2019 Annual Action Plan Amendment IV includes close out of the remaining $18,163 from $291,599 in CDBG CARES Act (CDBG-CV) reallocation funding awarded to the City. The CARES Act allocation was authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
The City received a total of $1,507,850 in CDBG-CV rounds 1 and 3 funds that were used for a Food Assistance Program and a Subsistence Payment Program for rental, mortgage, and/or utility assistance. The City was awarded an additional $291,599 in CDBG-CV Reallocation (CDBG-CV RE) funds to be used to prevent, prepare for, and respond to COVID-19. On August 1, 2022, Council adopted PY 2019 CDBG-CV Annual Action Plan Amendment III for $291,599 in CDBG-CV RE funding to a COVID-19 Rental/Mortgage Assistance Payment Program.
Council awarded RFP 22-23-25 to Self-Help Enterprises in $291,599 in CDBG-CV funds to administer a CDBG-CV Rental/Mortgage Assistance Program to working low-and moderate households impacted by the Coronavirus Pandemic for a contract term of January 1st through December 31st, 2023. Assistance was set at $2,000 per working household for a maximum of 6 consecutive months and was expected to assist approximately 116 households. A total of $273,435.94 of CDBG-CV RE funds were spent, and 111 households were served. As a result, $18,163.06 in CDBG-CV RE funds are remaining as shown in Table 7: CDBG-CV Reallocation Summary.
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Public Hearing for Adoption: The 30-day public comment period for the review of the draft 2024 Annual Action Plan, and 2019 CDBG-CV Annual Action Plan Amendment IV began on March 15th through April 15th, 2024. During the 30-day public comment period the draft plans were available for public review on the City’s website atwww.visalia.city <http://www.visalia.city>. Public notices were published on City’s social media outlets, and in the Visalia Times Delta on March 15th, and March 29th , 2024. Public notices were also included in Kings/Tulare Homeless Alliance and the Visalia Chamber of Commerce email listservs. A public hearing was conducted on April 1, 2024, to allow public comment and input. The proposed plans were also presented at the Citizens Advisory Committee (CAC) on April 3, 2024, to receive additional public input. Tonight’s public hearing is the final step in the public comment period. The adopted 2024 Annual Action Plan is due to HUD no later than May 15, 2024.
Fiscal Impact:
Approval of this item will appropriate $1,200,000 of FY 2024/25 annual CDBG grant funds and $540,000 of FY 2024/25 annual HOME grant funds, which are to be received on a reimbursement basis. This will require submission of the 2024 Annual Action Plan and to HUD in the Integrated Disbursement and Information System (IDIS) to properly track and report on separate activities.
Approval of this item will also appropriate $100,000 in CDBG program income and $100,000 in HOME program income in the 2024/25 budget year. The first hearing to receive public comment on this amendment was held on April 1, 2024, and no changes were recommended. Table 8: FY 2024/2025 CDBG and HOME Annual Action Plan below summarizes the recommended 2024 CDBG and HOME funding and the proposed appropriations.
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In addition, approval of this item will appropriate, and transfer $18,163 in FY 2023/24 CDBG-CV program operating to administration as shown below in Table 9: 2019 CDBG-CV Annual Action Plan Amendment IV.
Prior Council Action: • April 20, 2020: Adoption of the 5-year (2020/21 - 2024/25) Consolidated Plan. • August 1, 2022:
Council adopted PY 2019 CDBG CARES Act (CDBG-CV) Annual Action Plan Amendment III for $291,599 in CDBG-CV reallocation funding to a COVID Emergency Rental/Mortgage Assistance Payment Program. • December 19, 2022: Council awarded RFP 22-23-25 to Self-Help Enterprises in $291,599 in CDBG-CV funds to administer a CDBG-CV Rental/Mortgage Assistance Program to working low-and moderate households impacted by the Coronavirus Pandemic. • August 7, 2024: Council authorized re-certification of Self-Help Enterprises as a Community Housing Development Organization (CHDO) and a preliminary award letter for a commitment to Self-Help Enterprises for Rancho Colegio up to $1,290,000 in estimated HOME funding combined FY 23/24 Visalia City Council Printed on 4/12/2024Page 9 of 10
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$630,000 and FY 24/25 $660,000 contingent on actual HOME annual allocations and program income received. • April 1, 2024: Review draft 2024 Annual Action Plan and 2019 CDBG- CV Annual Action Plan Amendment IV.
Other: None.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
I move to:
1. Conduct a second Public Hearing, allowing a final opportunity for citizens to provide input and comment on the proposed 2024 Annual Action Plan, and 2019 CDBG-CV Action Plan Amendment IV;
2. Adopt and appropriate the proposed 2024 Annual Action Plan, and 2019 CDBG-CV Annual Action Plan Amendment IV activities;
3. Authorize the City Manager or their designee enter into all contracts as listed in the 2024 Annual Action Plan;
4. Authorize City Manager or their designee to submit the 2024 Annual Action Plan, and 2019 CDBG-CV Annual Action Plan Amendment IV to HUD.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: • Attachment A: 2024 Annual Action Plan • Attachment B: 2024 AAP Table • Attachment C: 2019 CDBG-CV Amendment IV • Attachment D: 2024 AAP & 2019 CDBG-CV Amend IV PPT
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2024 ACTION
PLAN
2024 Draft Annual Action Plan
City of Visalia
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Table of Contents
Executive Summary ....................................................................................................................................... 3 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 3 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 6 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 7 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 14 Expected Resources .................................................................................................................................... 16 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 16 Annual Goals and Objectives ...................................................................................................................... 20 Projects ................................................................................................................................................... 23 AP-35 Projects – 91.220(d) ..................................................................................................................... 23 AP-38 Project Summary .......................................................................................................................... 25 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 30 Affordable Housing ..................................................................................................................................... 31 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 31 AP-60 Public Housing – 91.220(h) ........................................................................................................... 33 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 35 AP-75 Barriers to Affordable Housing – 91.220(j) .................................................................................. 38 AP-85 Other Actions – 91.220(k) ............................................................................................................ 40 Program Specific Requirements .................................................................................................................. 43
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of Visalia (City) is an entitlement jurisdiction for the Community Development Block Grant (CDBG) program and a participating jurisdiction for HOME Investment Partnerships Act Program (HOME). As a required by the U.S. Department of Housing and Urban Development (HUD), the City develops a Consolidated Plan (ConPlan) every five years to guide the use of federal CDBG and HOME funding. The 5-Year ConPlan is the guiding document for allocating these resources which support projects and programs that benefit low- and moderate-income people by increasing housing and economic opportunities, strengthening low-income neighborhoods, and addressing public service and infrastructure needs. The Annual Action Plan (AAP) is also required by HUD each year of the five-year cycle and will summarize the programs and projects that will be funded by the annual grants to achieve the goals and objectives of the ConPlan. Annual accomplishments are reported on progress toward ConPlan goals in the Consolidated Annual Performance and Evaluation Report (CAPER).
2. Summarize the objectives and outcomes identified in the Plan Our strategy for community improvement using CDBG and HOME funds will focus on five broad goals.
These goals are:
• Improve housing opportunities for low-income households through new construction, mortgage and rental assistance, senior housing, housing for the disabled, and rehabilitation of homes/mobile home.
• Provide for a suitable living environment for low-income individuals and/or areas through Tenant-based subsidies and property maintenance (Code Enforcement):
• Address community/special needs through shelters, counseling, youth services, and domestic violence services.
• Address the needs of persons who are homeless with transitional housing, permanent housing, voucher programs, and tenant-based rental assistance.
• Improve public infrastructure and facilities in the community. • Provide optimal program administration and oversight of the CDBG and HOME programs to continue planning efforts that address the needs of extremely low, very low, and low-income households and neighborhoods.
Details of our plan to meet these goals can be found in the strategies the City has identified below with the following labels:
• Increase affordable housing for LMI households in the City of Visalia 584
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• Create suitable living environments for renters/homeowners in the City of Visalia • Address community/special needs and services
• Address the needs of people experiencing homelessness • Enhance community development
• Provide efficient administration and oversight of the CDBG and HOME programs
3. Evaluation of past performance
The U. S. Department of Housing and Urban Development requires an evaluation of the City’s progress toward goals for the CDBG and HOME funds each year of the five-year ConPlan period. Over the past five-year ConPlan period, 2015 to 2019, the City has supported organizations providing services to populations in need and addressed the lack of affordable housing through partnerships with the Housing Authority, and non-profit organizations, including Self-Help Enterprises (SHE), a local low-income housing provider. The City has allocated grant funding to the following:
• Fair Housing Council of Central California (FHCCC), assisting 184 people by handling housing discrimination complaints and agency referrals, holding seminars and educational workshops, and conducting discrimination testing;
• Acquisition of the Self Help Enterprises. Inc. (SHE) public facility for bridge/transitional housing; • Self Help Enterprises on policy development and provision of grants for the mobile home repair program, and acquisition and rehabilitation of affordable housing and rental units; • Family Services of Tulare County, providing HOME funded tenant based rental assistance and case management;
• ADA Compliance Public Improvement projects;
• Park improvements (Jefferson Park, Community Lot Garden); • Section 108 loan payments; and
• Support to providers of assistance to homeless and low-income populations.
4. Summary of Citizen Participation Process and consultation process The Program Year (PY) 2024 Annual Action Plan goals were established based on high priority needs as identified in the 5-year 2020-2024 ConPlan. The City used several community outreach methods including public meetings, two surveys, and stakeholder consultations. Efforts to reach populations underrepresented in the planning process of the ConPlan included discussions regarding the survey with various housing, social service, faith-based, and other organizations that provide services to the disabled, special needs, low income, and homeless population community. Many of the organizations that assisted in the effort to distribute the surveys posted them on their websites and sent notifications to their partners and clientele. The surveys were provided in English and Spanish.
Several stakeholders were also consulted during public workshops, over the phone, and in-person at their offices. Such stakeholders included, but were not limited to, Housing providers, Health service providers, social service providers, Organizations representing protected classes, Fair housing, Broadband internet providers, Emergency management organizations, the Citizens Advisory Committee, the Disability Advocacy Committee, and additional local and regional stakeholders. 585
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The PY 2024 Annual Action Plan 30-day public comment period took place from March 15, 2024, through April 15, 2024. A Public notice was published in the Visalia Times Delta on March 15, 2024, and March 29, 2024. The draft 2024 Annual Action Plan was available for review on the City's website at www.visalia.city. Public notices were also sent to the Kings Tulare Homeless Alliance listserv and the City's social media channels. The City also held the following community and city council meetings:
• City Council (Draft Review) on April 1, 2024, at 7:00pm • Citizens Advisory Committee (CAC) on April 3, 2024, at 5:30pm • City Council Public Hearing (Adoption) on April 15, 2024, at 7:00pm
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
Summary of comments will be added following the public comment period.
6. Summary of comments or views not accepted and the reasons for not accepting them All comments will be accepted and taken into consideration.
7. Summary
The City of Visalia conducted several public meetings and hearings to gather input and review the 5-year 2020-2024 Consolidated Plan. In addition, the City held stakeholder meetings with multiple community and regional organizations and agencies providing services to low income and homeless populations.
The City has reviewed several plans to gather information for the development of this Plan that included the City of Visalia Housing Element for 2023-2031, which was being drafted concurrently with the Consolidated Plan. A summary of the full citizen participation of the 2024 Annual Action Plan will be included as Attachment A.
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
Lead Agency VISALIA
CDBG Administrator VISALIA Finance Department-Housing Division HOPWA Administrator N/A N/A
HOME Administrator VISALIA Finance Department- Housing Division HOPWA-C Administrator N/A N/A
Table 1 – Responsible Agencies
Narrative (optional)
The City of Visalia (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs at the City of Visalia. The City’s Finance Department, Housing Division administers the funds it receives under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs.
Consolidated Plan Public Contact Information
Margie Perez, Housing Specialist
City of Visalia
Finance Department - Housing Division
707 W. Acequia Ave., Visalia, CA 93291
Email: [email protected]
Phone: (559) 713-4460
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City has fostered a community engagement process and gathered public input on community improvements that could be addressed by utilizing federal entitlement funds. During the preparation of the 5-year ConPlan, the City facilitated a community outreach and engagement effort to further strengthen the dialogue between public and assisted housing providers and private and governmental health, mental health and service agencies that receive federal funding. Participants in the community outreach process provided feedback on what they viewed as the most pressing housing, special needs/public services, and community development needs in the City.
Specifically related to public and assisted housing providers, private and governmental health, mental health and service agencies, City staff has met with the County Homeless Task Group, a City Emergency Shelter Task Group, and the Continuum of Care (Homeless Alliance) members. Organizations represented in City priorities include county and local government, faith-based organizations, concerned citizens, housing providers, service providers, including mental health, education, employment, and others.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health, and service agencies (91.215(l))
City staff met with public officials, City departments, the Housing Authority of Tulare County (HATC), residents, and agencies to develop strategies for how best to invest grant funding to address discuss priority community needs. Staff met with the Citizens Advisory Committee, which acts as a liaison between the public and the City Council concerning community needs. Also, City Staff met with the Disability Advocacy Committee, to be advised on the needs of disabled persons in the community. A focus group was held with the City’s Community Housing Development Organization (CHDO), Self-Help Enterprises, which has, in the past and present, worked collaboratively with the City of Visalia to increase the City’s supply of affordable housing.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The Kings/Tulare Homeless Alliance (Alliance) is the regional continuum of care which facilitates services through a system of homeless housing and service providers, advocates, government representatives and consumers to conduct outreach and strategies to address the needs of homeless persons and persons at risk of homelessness.
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City staff participates in regular monthly meetings of the Alliance to better understand the changing needs and challenges facing homeless populations; to coordinate strategies that ensure effective regional coordination in helping homeless individuals and families reach maximum self-sufficiency.
The City of Visalia supports the Alliance by providing grant funding for the yearly Point In Time Homeless Census and counts, the Project Homeless Connect events, as well as continued administration of the HUD Homeless Management Information System (HMIS).
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS.
Not applicable. The City does not receive ESG funding.
2. Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Representatives of the following agencies, groups, and organizations contributed to the narratives and data included in the Consolidated Plan and Action Plan preparation are listed in Table 2 on the following page.
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Table 2 – Agencies, groups, organizations who participated. 1 Agency/Group/Organization Kings/Tulare Homeless Alliance Agency/Group/Organization Type Housing
Services-Persons with Disabilities
Services-homeless
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Market Analysis
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Consultation provided information; Continued partnership/collaboration through CoC meetings. Survey feedback presented the ConPlan High priority needs, 2023 Action Plan through the listserv members who represent all the types of organizations listed above including service providers, and community stakeholders. The Continuum of Care, and Homeless Task Group meetings and feedback relate to the need for homele ss housing. CDBG funding would assist KTHA to further meet the needs of the chronically homeless co mmunity. 2 Agency/Group/Organization Housing Authority of Tulare County Agency/Group/Organization Type PHA
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
HATC provided input through the survey, recommending that the city make more funding available for the acquisition and rehabilitation of more affordable housing. HATC was also consulted in preparation of the Consolidated Plan and Annual Action Plan. 590
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3 Agency/Group/Organization Self-Help Enterprises
Agency/Group/Organization Type Housing
Services - Housing
Services-Education
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Lead-based Paint Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan, which helped in prioritizing the City's housing and community needs. 4 Agency/Group/Organization Tulare County Health and Human Services Agency Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-homeless
Services-Health
Health Agency
Child Welfare Agency
Regional organization
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
5 Agency/Group/Organization United Way of Tulare County Agency/Group/Organization Type Services - Housing
Regional organization
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
6 Agency/Group/Organization Family Services of Tulare County Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
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7 Agency/Group/Organization Kings View Corporation
Agency/Group/Organization Type Services - Housing
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan.
8 Agency/Group/Organization Citizens Advisory Committee Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan and Annual Action Plan. A community meeting was also conducted on April 5, 2023, to review the draft PY 2023 Annual Action Plan.
Identify any Agency Types not consulted and provide rationale for not consulting. 593
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The City reached out to several different agencies, groups, and organizations and invited them to participate in the preparation of the 5-year Consolidated Plan goals. They were contacted via email and provided with a stakeholder flyer that included information on the community forum and public hearings. The City asked these groups to forward this information to their colleagues and mailing lists. They were also encouraged to complete the community needs survey and to share the survey link with community stakeholders. The City also published public notices in the Visalia Times Delta, the City website, and the City's social media outlets.
The types of additional agencies were businesses, educational services, groups and organizations, employment service providers, fair housing services, health service and domestic violence service providers, service providers for children and elderly persons, other advisory, veterans and concerned citizens, as well as faith-based organizations. The following additional providers were sent notice and information via-email encouraging feedback on preparing the Action Plan activities form:
• Businesses: Downtown Visalians, Hispanic/Visalia Chamber of Commerce, Tulare County Economic Development, & Retail Associates.
Other local/regional/state/federal planning efforts considered when preparing the Plan.
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Kings Tulare
Homeless Alliance
As the designated bi-county Continuum of Care, the Alliance is responsible for planning process for the bi - county region which includes the City of Visalia. The Alliance mission is to coordinate and leverage resources that empower community partners including the City of Visalia to address homelessness.
City of Visalia Fair
Housing Rental
Assessment
City of Visalia and
Fair Housing Council
of Central California
The Fair Housing Council Fair Housing Rental Assessment is based upon systemic paired testing of the rental housing market to form the basis of plans to counteract discriminatory practices in the rental housing market with the City.
City of Visalia
General Plan Housing
Element
City of Visalia
The Housing Element assesses the need for housing for all levels of income and establishes policies to meet those needs. The Strategic Plan goals support the implementation of the Housing Element by working to construct and rehabilitate new and existing affordable housing units.
Tulare County Multi-
Jurisdictional Local
Hazard Mi
County of Tulare Development, as related to the Consolidated Plan, that occurs shall be primarily in the areas where environmental hazards can be properly mitigated.
Table 3 – Other local / regional / federal planning efforts
Narrative (optional)
None.
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation summarize citizen participation process and how it impacted goal setting.
Outreach for the City of Visalia’s five-year 2020-2024 Consolidated Plan objectives were conducted in several methods: community outreach and housing needs surveys, public meetings, stakeholder interviews, and public hearings. Significant outreach efforts were made to the public, faith-based organizations, educational institutions, housing services, and health and social service organizations (including organizations providing services to homeless persons and families, persons with HIV/AIDS, victims of domestic violence, senior citizens, and extremely low to low-income populations).
The PY 2024 Annual Action Plan goals were established based on highest priority needs identified during the 2020-2024 Community Needs Assessment. Based upon the input received by the community and council, high priorities were identified as public services, homeless services, fair housing, mobile home repairs, code enforcement, ADA improvements, and affordable mulit-family housing.
The 2024 Action Plan 30-day public comment period seeking community input was held from March 15, 2024, through April 15, 2024. The draft PY 2024 Action Plan was available for review on the City's website at www.visalia.city. The City took several steps to seek community input on the draft PY 2024 Action Plan, by publishing an English and Spanish public notice in the Visalia Times Delta on March 12th, March 15thand March 29th, the City's website, the City's social media outlets, and the Kings Tulare Homeless Alliance listserv. The following community and city council meetings were held to review the draft Action Plan and obtain public comment. • City Council Public Hearing on April 1, 2024, at 7:00pm • Citizens Advisory Committee Meeting on April 3, 2024, at 5:30pm • City Council Public Hearing on April 15, 2024, at 7:00pm
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Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
response/attendance
Summary of
Comments
received
Summary of
comments not
accepted and reasons URL (If applicable)
1 Newspaper
Ad
Non-
targeted/broad
community
English/Spanish public notice published in
the Visalia Times Delta on 3/12, 3/15, &
3/29/24.
See
Attachment A N/A
2 Internet
Outreach
Non-
targeted/broad
community
English/Spanish public notice and draft
2024 AAP were available on the City's
website from 3/15/24 - 4/15/24.
See
Attachment A N/A www.visalia.city
3 Internet
Outreach
Non-
targeted/broad
community
City social media posts on City's Facebook,
Instagram, and Twitter pages.
See
Attachment A N/A
4 Listserv
Notice
Non-
targeted/broad
community
The Kings Tulare Homeless Alliance and
Visalia Chamber of Commerce listserv
notices.
See
Attachment A N/A
5 Public
Notices
Non-
targeted/broad
community
Public notices posted at the following city
sites: City Hall, Community Development
Department, Administrative Office, and
Visalia Transit from 3/15/24 - 4/15/24.
See
Attachment A N/A
6 Public
Hearing
Non-
targeted/broad
community
City council meeting to review draft 2024
Action Plan and obtain public comment
held on 4/1/24.
See
Attachment A N/A
7 Public
Meeting
Non-
targeted/broad
community
Citizens Advisory Committee community
meeting to review draft and obtain public
comment held on 4/3/24.
See
Attachment A N/A
8 Public
Hearing
Non-
targeted/broad
community
Public hearing to approve the 2024 Action
Plan and authorize submission of the plan
to HUD held on 4/15/23.
See
Attachment A N/A
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The Program Year (PY) 2024, CDBG budget consists of $1,200,000 in estimated entitlement funds, and $100,000 in estimated program income for a projected total of $1,300,000 in CDBG funds. The PY 2024 HOME budget consists of $540,000 in estimated HOME entitlement funds, $100,000 in estimated program income, and $425,000 in prior year resources for a projected total of $1,065,000 in HOME funds. The City currently does not have an Emergency Solutions Grant (ESG) or Housing Opportunities for Persons with AIDS (HOPWA) grant. The Expected Amount Available Remainder of ConPlan average annual allocation multiplied by remaining years to equal total remainder of ConPlan. Each program year the Expected Amount Available Remainder of ConPlan is subtracted by the current grant allocation. This is the 5th and final year of the current 5-year ConPlan; therefore, the expected amount available remainder of the ConPlan is $0 for both CDBG and HOME.
Anticipated Resources
Program
Source
of Funds Uses of Funds
Expected Amount Available Year 5 Expected
Amount
Available
Remainder
of ConPlan
$ Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG Public
Federal
Admin,
Public Services,
Affordable
Housing, and
Public
Improvements
$1,200,000 $100,000 $0 $1,300,000 $0 The PY 2024 CDBG estimated resources include $1,200,000 in entitlement funds,
and $100,000 in program income, for a
total of $1,300,000 in CDBG funds.
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Program
Source
of Funds Uses of Funds
Expected Amount Available Year 5 Expected
Amount
Available
Remainder
of ConPlan
$ Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME Public
Federal
Admin,
Homebuyer
Assistance, and
Multifamily Rental
New Construction
$540,000 $100,000 $425,000 $1,065,000 $0
The PY 2024 HOME resources include
$540,000 in entitlement funds, and
$100,000 in program income for a total of
$1,065,000 in HOME funds.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied.
The City leverages both federal and local housing funds by supporting non-profit organizations that develop affordable housing. The City, or its partners, provides matching funds for housing related services to several programs, which includes the following:
• SHE-CHDO Scattered Single Family Acquisition/Rehabilitation/Resale. Scattered Site Acquisition, Rehabilitation and Resale of Single- Family Property Program will be administered and operated through the City’s certified Non-Profit, designated Community Housing Development Organization (CHDO), currently Self-Help Enterprises (SHE). • SHE-CHDO Scattered Multi-Family Site Acquisition/Rehabilitation/Rent. For example, the Lofts Project is the development of an 80-unit multi-family affordable housing complex that is budgeted above $25 million. HOME funds will be leveraged with the various other funding sources, such as, No Place Like HOME Program (NPLH), Multifamily Housing Program (MHP), and the Infill Infrastructure Grant (IIG).
• Voucher Program – used as a match to receive Tulare Housing First grants to provide permeant supportive housing vouchers. • First-Time Homebuyers Program – leveraged with private first position loans to assist First-Time Homebuyers purchase a home. 598
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Below is a list of potential financial resources considering a part of the City’s overall financial plan to address priority needs and specific objectives identified in the Consolidated Plan.
• Housing Authority of Tulare County (HATC): A public housing authority within the City and the County. • Low-Income Housing Tax Credit Program (LIHTC): The LIHTC program provides federal and state tax credits for private developers and investors who agree to set aside all or an established percentage of their rental units for low-income households for no less than 30 years.
• Multi-Family Housing Program (MHP): If California’s Housing and Community Development Department awards Multi-Family Housing Program loans to assist rental housing developments affordable to low-income households in the City, the City will assist the developers with identifying local funding.
• Permanent Local Housing Allocation (PLHA): The City will also be receiving PLHA funding on an annual basis, which will assist with matching requirements.
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan.
The City of Visalia does not currently own any land considered viable for the needs and uses identified in the plan. However, there is no shortage or available land for these purposes, as discussed below.
Discussion
The Regional Housing Needs Assessment (RHNA) is part of a statewide mandate to address housing issues that are related to future growth in a region. State housing element law assigns the responsibility for preparing the RHNA for the Tulare County region to the Tulare County Association of Governments (TCAG). TCAG, and other California councils of governments (COGs), undertake the RHNA process prior to each housing element cycle. The current RHNA is for the 6th-cylce Housing Element and covers a 9.75- year projection period from December 21, 2023, to December 31, 2031. The City of Visalia has conducted an analysis and concludes that Visalia has adequate sites to accommodate its RHNA allocation for Extremely Low, Very Low, and Low-Income categories.
The City Planning Department lists lands available for development in its sites inventory list. However, it is undetermined as to who will develop and when development will occur. A comparison of Regional Housing Need and Residential sites is listed in Table 1-41 from the Housing Element. The City approved 2,835 units between 2014 and 2018, consisting of 2,486 single-family units and 400 multi-family units (see SP-05 attachment - Regional Housing Need and Sites Inventory). If constructed, there would be a surplus of units for extremely low income: 210 units, low income: 514 units, moderate income: 675 units, and above moderate income: 3,232 units.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area
Needs
Addressed Funding Goal Outcome Indicator
1 Increase
affordable
housing
2020 2025 Affordable
Housing
Citywide Affordable
Housing
HOME:
$1,000,500
Rental units constructed: 11 Low- Income
Household
2 Create
suitable living
environment
2020 2025 Affordable
Housing
Citywide/
LMI Tracts
Affordable
Housing
Neighborhood
Preservation
CDBG:
$300,000
Homeowner Housing Rehabilitated: 11
Housing Code Enforcement/Foreclosed
Property Care: 200 Household Housing Unit
3 Address
community/
special needs
services
2020 2025 Homeless
Non-
Homeless
Special Needs
Citywide Shelter and
counseling for
the homeless
Public Services
CDBG:
$145,000
Public service activities for Extremely Low-
Income Housing Benefit: 50 Persons
Assisted and 30 Households Assisted
4 Address
homeless
needs
2020 2025 Homeless Citywide Shelter and
counseling for
the homeless
Public Services
CDBG: $95,000 Public service activities other than
Extremely Low-Income Housing Benefit:
400 Persons Assisted; Public service
activities for Extremely Low-Income
Housing Benefit: 35 Households Assisted
5 Enhance
community
development
2020 2025 Non-Housing
Community
Development
LMI Tracts Improve
Community and
Public Facilities
CDBG:
$500,000
Public Facility or Infrastructure Activities
other than Low-Moderate Income Housing
Benefit: 7,139 Persons Assisted
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Sort
Order Goal Name
Start
Year
End
Year Category
Geographic
Area
Needs
Addressed Funding Goal Outcome Indicator
6 Program and
planning
administration
2020 2025 Program
administration
funds
Citywide Community
Development
CDBG:
$260,000
HOME:
$64,500
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Increase affordable housing
Goal Description Increase the amount of affordable housing stock in the City of Visalia with the construction of 80 units, of which 11 new LMI multi-family rental units will be HOME- CHDO funded for project called Rancho Colegio, located on the Southeast Corner of N.
Court Street and Esquivel Avenue in Visalia.
2 Goal Name Create suitable living environment
Goal Description Code enforcement inspection services for an estimated 200 units within deteriorated or deteriorating low-moderate income eligible areas to arrest the decline of the area.
An Owner-Occupied Senior Mobile Home Program
3 Goal Name Address community/special needs services
Goal Description Provide vital public services which include homeless case management, homeless outreach services, housing flex funds, homeless prevention, and transitional housing. 4 Goal Name Address homeless needs
Goal Description CDBG funds will be provided for the local Continuum of Care services including the annual Point-In-Time (PIT) count and Local Initiatives Navigation Center (LINC); and CoC Permanent Supportive Housing (PSH) voucher match case management. 602
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5 Goal Name Enhance community development
Goal Description Park improvements to the Lincoln Oval Park. Improve Visalia ADA infrastructure sidewalks and tree wells.
6 Goal Name Program and planning administration
Goal Description Fund planning and administration activities by City staff to administer the CDBG and HOME Program funds.
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Projects
AP-35 Projects – 91.220(d)
Introduction
Program Year 2024 CDBG and HOME Projects were established based on the high priority needs identified in the 2020-2024 Consolidated Plan Needs Assessment and Strategic Plan. The Consolidated Plan goals below address the high priority needs and serve as the foundation for strategic actions the City will undertake. These goals are based on the ConPlan’s Needs Assessment and Housing Market Analysis sections as well as community outreach conducted:
• Increase affordable housing
• Create suitable living environment
• Address community/special need services
• Address homeless needs
• Enhance community development
• Program planning & administration
The PY 2024, CDBG budget consists of an estimated $1,200,000 in entitlement funds, and $100,000 in program income for a total of $1,300,000 in estimated FY 2024 CDBG funds. The PY 2024 HOME budget consists of an estimated $540,000 in HOME funds, $100,000 in program income, and $425,000 in prior year resources for a total of $1,065,000 in estimated FY 2024 HOME funds. Any increase or decrease of PY 2024 CDBG annual allocation and/or program income will be directed toward CDBG ADA improvement projects. Any increase or decrease of PY 2024 HOME annual allocation and/or program income will be directed toward the HOME-CHDO Project.
Projects
# Project Name
1 2024 HOME Administration
2 2024 HOME CHDO Project
3 2024 CDBG Administration
4 2024 Address Homeless Needs - Public Services
5 2024 Address Community/Special Needs Services
6 2024 Emergency Repair and ADA Program
7 2024 Senior Mobile Home Repair Program
8 2024 Code Enforcement
9 2024 Park Improvements
10 2024 ADA Compliance Projects
Table 7 - Project Information
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Describe the reasons for allocation priorities and any obstacles to addressing underserved needs.
The projects will address the priority needs described in the Consolidated Plan by providing direct homeless services, homeless prevention services, fair housing services, code enforcement inspections to maintain neighborhood stabilization, housing rehabilitation program, affordable housing options for the LMI population, and ADA compliance projects. An obstacle in addressing underserved needs include needs outweighing funding resources. Nevertheless, the City worked resourcefully in combing multiple funding sources to maximize the allocation of resources to address underserved community needs.
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AP-38 Project Summary
Project Summary Information
1 Project Name 2024 HOME Administration
Target Area Citywide
Goals Supported Program and planning administration
Needs Addressed Community Development
Funding HOME: $64,500
Description 2024 HOME Administration and Planning.
Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
N/A
Location Description Citywide
Planned Activities 2024 HOME Administration and Planning. 2 Project Name 2024 HOME CHDO Project – Rancho Colegio
Target Area Citywide
Goals Supported Increase affordable housing
Needs Addressed Affordable Housing
Funding HOME: $1,000,500
Description Construction of an 80-unit mulit-family rental complex, of which 11-units will be HOME funded.
Target Date 6/30/2026
Estimate the number and
type of families that will
benefit from the proposed
activities
11 low-income households are expected to benefit from the proposed activity.
Location Description SE corner of N. Court St and Esquivel Avenue.
Planned Activities The City will provide funding toward Self-Enterprises, Inc. (SHE), to build 11 of the 80 new low-income multi-family rental units. 3 Project Name 2024 CDBG Administration
Target Area Citywide
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Goals Supported Program and planning administration.
Needs Addressed Community Development
Funding CDBG: $260,000
Description 2024 CDBG Administration and Planning.
Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
N/A
Location Description Citywide
Planned Activities 2024 CDBG Administration and Planning 4 Project Name 2024 Address Homeless Needs - Public Services Target Area Citywide
Goals Supported Adress homeless needs
Needs Addressed Public Services
Funding CDBG: $95,000
Description Continuum of Care Point in Time survey and LINC services.
Permanent Supportive Housing Voucher match.
Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
435 extremely low-income households experiencing
homelessness.
Location Description Citywide
Planned Activities Continuum of Care Point in Time survey and LINC services.
Permanent Supportive Housing (PSH) voucher match.
5 Project Name 2024 Address Community/Special Needs Services Target Area Citywide
Goals Supported Address Community/special needs services Needs Addressed Public Services
Funding CDBG: $145,000
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Description Homeless outreach/prevention - Housing flex funds (i.e., rental application fees, rental/utility security deposits, first month/last month rent, emergency rental assistance); and Eden House - transitional bridge housing operational funds.
Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
80 extremely low-income individuals.
Location Description Citywide and 1627 S. Garden St. Visalia, CA 93277 Planned Activities Housing flex funds and transitional bridge housing. 6 Project Name 2024 Emergency Repair and ADA Program (ERAP) Target Area Citywide
Goals Supported Create suitable living environment
Needs Addressed Neighborhood Preservation
Funding CDBG: $50,000
Description Minor home repair program including emergency and ADA improvements for single-family homes.
Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
8 low-moderate income households.
Location Description City wide. Sites to be determined.
Planned Activities Single-family minor home repairs including emergency and ADA improvements.
7 Project Name 2024 Senior Mobile Home Repair Program (SMHRP) Target Area Citywide
Goals Supported Create suitable living environment
Needs Addressed Neighborhood Preservation
Funding CDBG: $75,000
Description Senior Mobile Home Repair Program to owner occupied low- income seniors and/or disabled persons.
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Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
3 low-moderate income seniors and/or disabled persons.
Location Description Citywide. Sites are to be determined.
Planned Activities Senior Mobile Home Repair Program to owner occupied low- income seniors and/or disabled persons.
8 Project Name 2024 Code Enforcement
Target Area LMI Tracts
Goals Supported Create suitable living environment
Needs Addressed Neighborhood Preservation
Funding CDBG: $175,000
Description 2024 Code Enforcement services in deteriorating or deteriorated low-moderate-income areas to arrest the decline of the area.
Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
200 LMI households are expected to benefit from the proposed activity.
Location Description LMI target areas.
Planned Activities 2024 Code Enforcement services in deteriorating or deteriorated low-moderate-income areas to arrest the decline of the area. 9 Project Name 2024 Park Improvements
Target Area LMI Tracts
Goals Supported Enhance Community Development
Needs Addressed Improve Community and Public Facilities Funding CDBG: $50,000
Description 2024 park improvements in LMI areas.
Target Date 6/30/25
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Estimate the number and
type of families that will
benefit from the proposed
activities
1,735 low-moderate income individuals.
Location Description Lincoln Oval Park located at N. Court St. & NW 2nd Ave.
Planned Activities Add wrought iron fence and lighting to Lincoln Oval Park. 10 Project Name 2024 ADA Compliance Projects
Target Area LMI Tracts
Goals Supported Enhance Community Development
Needs Addressed Improve Community and Public Facilities Funding CDBG: $450,000
Description 2024 ADA compliance projects and public infrastructure improvements.
Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the proposed
activities
5,404 LMI ambulatory disabled persons are expected to benefit from the proposed activities.
Location Description LMI Target Areas.
Planned Activities ADA sidewalk and tree well improvements. 610
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed.
The majority of the CDBG activities funded in PY 2024 are offered citywide to low- and moderate- income households. However, for certain CDBG programs, such public infrastructure improvements, and code enforcement are directed to neighborhoods that qualify for CDBG funds on an "area benefit" basis.
An area benefit activity is one that is available to benefit all the residents of an area which is:
• Primarily residential and
• Where 51% of the population is low- and moderate-income Except for the HOME-CHDO funded multi-family rental housing units to be built (Rancho Colegio) which is located at Southeast Corner of N. Court Street and Esquivel Avenue, all other programs are to be administered citywide, or within the CDBG Target area.
Geographic Distribution
Target Area Percentage of Funds
Citywide 85
LMI Tracts 15
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically.
Entitlement funds will be distributed citywide as eligible. However, CDBG funds will be utilized in CDBG Target areas for Code Enforcement, park improvements, and ADA Improvements. A presumed Benefit project, such as an ADA improvement project or low-and-moderate-income residential areas in need of access, would be applicable. CDBG funding directed toward public services is a citywide public service benefit. Public Facilities are based upon CDBG requirements, such as the area benefit noted above, limited clientele, or income qualifications. Affordable housing will be pursued citywide, which encompasses CDBG Target Areas. Other programs may benefit within the CDBG Target areas as well, however, are allowed citywide, based upon income eligibility.
Discussion
The Low-and Moderate-Income Concentration Census Tract Map is being utilized for the 2024 Action Plan and is based on the Low-and Moderate-Income Summary Data (LMISD) provided on HUD Exchange website.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The AAP must specify goals for the number of homeless, non-homeless, and special needs households to be provided affordable housing within the program year. The AAP must also indicate the number of affordable housing units that will be provided by program type, including rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units. For this section, the term “affordable housing” is defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR
92.254 for homeownership.
Findings in the data, included within the Strategic Plan, show that there is not an adequate amount of local housing affordable to LMI households, especially for extremely low- and very low-income households. According to the HUD data reports there are sufficient housing units for the various income categories. After analysis, the only income category that truly does have enough housing is the 50-80% AMI. The following data (CHAS 2014-2018) supports this housing deficit/surplus:
• 0-30% AMI: There are 4,170 households living in this income category, yet there are only 2,610 rental units available that are affordable to these households in the City. • 30-50% AMI: There are 4,530 households living in this income category yet there are only 2,935 units available.
• 50-80% AMI: There are 5,880 households in this income category and there are 1,650 units.
Tables 33 and 36 included within the Strategic Plan, MA-15 section show the recent changes to factors effecting affordability including income, rent and value. Median income has increased 2.5% since 2015 and when compared to the growth in median contract rent (+7.2%), rental housing prices are outpacing income growth. This may continue to strain affordability in the rental housing market, and lead to higher rates of housing cost burden, especially for LMI households. This is evidenced by the fact that median income growth has increased, while median home values have declined over 10%.
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 22
Special-Needs 3
Total 22
Table 9 - One Year Goals for Affordable Housing by Support Requirement
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One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 11
Rehab of Existing Units 11
Acquisition of Existing Units 0
Total 22
Table 10 - One Year Goals for Affordable Housing by Support Type
Discussion
Staff works with its non-profit partner SHE to include additional types of acquisition, such as vacant, infill and reconstruction. As funding, through PI becomes available, it would be directed toward SHE CHDO multi-family project. The 2024 Action Plan includes the development of 11 HOME-assisted affordable rental units with the HOME-CHDO Rancho Colegio multi-family project, 8 single-family minor home repairs with the Emergency Repair and ADA Program (ERAP), and 3 mobile home repairs with the Senior Mobile Home Repair Program (SMHRP).
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AP-60 Public Housing – 91.220(h)
Introduction
HATC works closely with the City, Continuum of Care “Alliance” and the Homeless Resource Task Group.
Actions planned by the PHA this year are referenced below. HATC owns/manages 179 Public housing units in Visalia and manages another 764 affordable housing units through the City of Visalia. HATC has a master lease with Family Services of Tulare County (FSTC) to house families that participate in the rapid rehousing and domestic violence programs that FSTC administers within the City of Visalia. Through a partnership with Tulare County Health & Human Services Agency (TCHHSA) Mental Health, HATC manages Clark Court, Transitional Living Center, and East Tulare Cottages which house and provide supportive services for individuals that participate in TCHHSA Mental Health programs.
Actions planned during the next year to address the needs to public housing.
HATC will continue to own and manage 179 public housing units in the City. HATC also owns and manages an additional 764 affordable housing units. There is currently no plan to purchase additional public-housing units, nor do they plan on removing any units from their inventory. Their current projection is for an investment of $375,500 in Capital Fund improvements during the FY 2024. There is no project based rental assistance units within the City. HATC expenditure covers maintenance and rehabilitation in public-housing units within the City. HATC's Capital Fund expenditures will cover a large range of projects, including roofing replacement, landscaping improvements, carpet replacement along with air conditioning and heating unit improvements. HATC acquired vacant land at 830 E. Roosevelt Avenue in Visalia to develop a mulit-family development, with a total of four (4) units for rental to qualified low-income households. (Data source: HATC November 2024).
Actions to encourage public housing residents to become more involved in management and participate in homeownership.
HATC created a Resident Council composed of five residents from HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8 Housing Choice Vouchers, and public housing). The Resident Council works with HATC staff on evaluating the effectiveness and efficiency of existing rental assistance programs. This structure was put into place to give public housing residents the opportunity to provide input on necessary program modifications, through the Council members. HATC is proactive in the inclusion of public-housing residents in the policy making process. As required, two public housing tenants sit on the HATC Commission board. Between the Resident Council and tenant representation on the Board an equitable and transparent policy-making process has been put into place.
A vital driving factor that continues to influence HATC programs is the promotion and goal of tenant self-sufficiency. HATC views homeownership as a long-term goal for most program participants. HATC staff works with tenants to effectively provide them with the necessary resources to achieve homeownership. HATC’s Annual Re-Examination Notice provides public-housing participants with an 614
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extensive referral list that aids homeownership. Their list includes programs managed by: CSET, City of Visalia, Habitat for Humanity, CalHFA, and Self-Help Enterprises. HATC’s program coordinator works with any interested public housing tenant to effectively inform them of all the different programs and services available to them. Effective collaboration between their agency and other public and nonprofit agencies is imperative to help promote homeownership among all HATC’s tenants. Lastly, HATC created “RentTrack Payment, an online payment system which will allow public housing residents to utilize their rental payments made on time to raise or build individual credit scores. RentTrack has increased credit scores an average of 29 points in just two months and 132 points over a 2-year period.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance.
HATC is not designated as troubled.
Discussion
See discussion above.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
This section describes the City’s one-year goals and the specific action steps it will undertake in the program year to carry out the homeless strategy outlined in the ConPlan’s SP-60 Homelessness Strategy.
This section will also describe the jurisdiction’s goals and specify the activities it will undertake to serve the housing and supportive service needs of non-homeless populations who require supportive housing.
Describe the jurisdiction’s one-year goals and actions for reducing and ending homelessness including.
The City has allocated over $3 million of CDBG funds for the development of a Low-Barrier Navigation Center for people experiencing homelessness. The City is also allocated Permanent Local Housing Allocation (PLHA) and Low-Mod Successor Agency Housing (SAH) funds toward the development and operation of the Project. The project began construction in 2023 and is expected to be completed in June of 2024. The Visalia Navigation Center will be a 100-bed public facility to house individuals and families experiencing homelessness. The Visalia Navigation Center will follow “Housing First” practices and work closely with the local Continuum of Care for the Visalia region to house individuals and families quickly into rapid rehousing, transitional housing, and permanent housing.
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs.
The City will continue targeted outreach efforts towards unsheltered homeless persons through collaborative efforts with the Alliance Housing Navigators, Family Services, Kings View PATH Team, and Tulare County Mental Health Crisis Team. These organizations canvas the City to conduct outreach to people experiencing homelessness and connect them to services. Client information is included in the local Homeless Management Information System (HMIS) to allow outreach staff to be informed of client status on the housing priority list and other community referrals.
The City will also continue to support the Alliance’s outreach efforts to persons experiencing homelessness through the PIT survey completed in January. The PIT survey provides a snapshot of the adults, children in households and unaccompanied youth living in the City of Visalia who meet HUD’s definition of homelessness. Information gathered through the PIT is used to understand the causes and trends over time of homelessness, as well as to determine the unmet shelter and service needs of the homeless.
Addressing the emergency shelter and transitional housing needs of homeless persons The City is providing $3.1 million in CDBG funds for the development of a Low-Barrier Navigation Center for people experiencing homelessness. The City is also providing $3 million in Permanent Local Housing 616
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Allocation (PLHA) funds, and $800,000 in Success Agency Housing (SAH) funds toward the development and operation of the Visalia Navigation Center. The City was also awarded $3.6 million in Encampment Resolution Funds Rd. 2 funds for the development of the Visalia Navigation center. A Low-Barrier Navigation Center will assist in providing solutions to create safe and successful permanent exits from homelessness using a Housing First Approach.
Eden House is a 22-bed transitional/bridge program which will provides beds housing for a period of 60- 90 days (or up to a maximum period of 6 months with an approved extension), who are awaiting permanent supportive housing (PSH) or Rapid Re-Housing (RRH) placements. Eden's House provides extensive on-site wrap around services including mental health assistance and case management. The City provided $400,000 in CDBG funds and 225,000 in NSP funds for Eden House.
The Visalia Homeless Center operates a low barrier warming center within the City of Visalia each winter. The warming center is a low-barrier emergency shelter that provides up to 100 homeless individuals’ overnight shelter. The warming center averages 75 visitors a night from December 1st through March 31st. The City is funding the Warming Center with the use PLHA funds.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Visalia supports and collaborates with local service providers, through the Alliance, to assist homeless individuals and families. Funding priorities include supporting existing high performing housing first rapid rehousing and permanent supporting housing projects.
Funding allocations include:
• Family Services matching funds for case management (public services) to support the Tulare Housing First Shelter Plus Care project. This project provides case management services to 14 chronically homeless individuals who receive permanent supportive housing. • Kings View Behavioral Health provides public services, including meals for Visalia’s homeless. • ECO program, which is a partnership that includes the Tulare County Workforce Investment Board, Caltrans, and ABLE Industries.
• Property acquisition and rehab housing projects funded through HOME funds and other city- funding pools.
• CoC and City-funded programs/projects that benefit the homeless • Special needs project and programs that serve these vulnerable subpopulations include: CSET 617
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Permanent Supportive Housing and Rapid Rehousing, Family Services Permanent Supportive Housing and Transitional Housing, Turning Point and Tulare County HHSA provide PSH projects for chronically homeless individuals and families and/or families with children. The Veterans’ Administration, in conjunction with the Housing Authority of Tulare County, operates the VASH project and Westcare operates the SSVF project that serves eligible veterans and their families.
Uplift Families operates a Transitional Housing project for transitioning age youth.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The Alliance employs a Diversion Specialist that is responsible for developing and strengthening referral sources for people at-risk of becoming homeless. Additionally, the Diversion Specialist works with clients that are present at any of the Coordinated Entry points to assist in diverting clients from homelessness.
Another important component of prevention/diversion is assisting households with income support and connections to mainstream benefits. The SSI/SSDI Outreach, Access, and Recovery (SOAR) model is designed to increase access to SSI/SSDI for eligible homeless adults who are and have a mental illness and/or a co-occurring substance use disorder. Staff from all CoC-funded agencies are required to assist clients in obtaining these mainstream benefits. Participation by these agencies provides an effective method of assisting households who may otherwise pursue homelessness assistance.
Discussion
See discussion above. The City is not a recipient of HOPWA funding. 618
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AP-75 Barriers to Affordable Housing – 91.220(j)
Introduction:
The City of Visalia updated the Analysis of Impediments to Fair Housing Choice (AI) in 2020. The AI describes the impediments or barriers to affordable housing. The primary barriers to affordable housing include the following:
• Lending practices
• Access to Opportunity
• Housing Discrimination
• Development of Affordable Housing
• Land use policies and practices
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment.
The City has taken actions in recent years to support residential development through changes in zoning, further streamlining permitting processes, and reducing impact fees. Visalia has made changes to residential zone districts following the City’s Housing Element update. The City increased the highest allowed multi-family density permitted by right to 15 to 35 units per acre, provided that the development does not exceed 80 units. Also, the City implemented an Affordable Housing Infill Incentive Program in 2017, which reduces Transportation Impact Fees for qualifying projects that meet the infill criteria outlined in the City’s Development Fee Schedule. In the downtown area, waivers for parking requirements have been given based on past use of the building spaces. There are multiple policies and programs in the 2023 Housing Element Update that address promoting incentives for affordable housing that include priority permit processing and modified zoning provisions. New programs in the Housing Element update propose removing conditional use requirements for housing in certain commercial zone designations. These Housing Element Programs are organized into nine Goals categories, as follows:
1. New Construction - To provide a broad range of housing types and densities to meet the needs of all Visalia residents.
2. Mixed Use, Infill, and Downtown Development - To promote mixed use, infill, and Downtown development in Visalia.
3. Encourage Affordable Housing - To encourage construction and maintenance of affordable housing in Visalia.
4. Foreclosures - To prevent foreclosures, protect affected families, and stabilize neighborhoods impacted by foreclosures.
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5. Special Needs/Homeless- To provide a range of housing types and services to meet the needs of households with special needs within the city.
6. Housing Rehabilitation Program - To create and maintain healthy neighborhoods by improving the condition of the existing housing stock and providing for a variety of housing types, sizes, price ranges, and densities compatible with the existing character and integrity of residential neighborhoods.
7. Equal Opportunity Housing and Discrimination Prevention - To provide decent housing and a quality of living environment for all Visalia residents regardless of age, religion, race, creed, gender, sexual orientation, marital status, ancestry, national origin, disability, economic level, and other arbitrary factors.
8. Energy Conservation - To encourage energy efficiency in all new and existing housing.
9. Implementation Monitoring - To ensure that Housing Element programs are implemented on a timely basis and the progress of each program is monitored and evaluated annually.
In addition to exploring new policy and regulatory changes, the City will continue its efforts to carry out the following to remove barriers to affordable housing:
• Work with non-profit developers and other public agencies that increase Visalia’s supply of affordable housing.
• Work with HATC to properly inform collaborating agencies at the local, state, and federal levels of the need for affordable housing in the City.
• Facilitate the construction of affordable rental housing for very low and low-income households by providing regulatory (e.g., density bonus, expedited permit processing, deferred fees, or relaxed parking requirements) and financial incentives. • Support programs that keep people housed, such as tenant-based rental assistance and rapid rehousing.
• Streamline permitting process for affordable housing. • Further incentives to developers for the development of affordable housing • Incorporate educational components regarding the importance of affordable housing into community outreach.
• Encourage the development of smaller, more affordable units.
Discussion:
See above discussion.
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AP-85 Other Actions – 91.220(k)
Introduction:
The following section provides HUD with other activities, projects, and actions the City is undertaking to reduce homelessness and housing affordability. Examples include the completion of the AI and identifying the barriers and impediments to affordable housing, supporting homeless programs, public and private solutions for affordable, annual administration of CDBG and HOME funds and attendance of city meetings and CoC meetings.
Actions planned to address obstacles to meeting underserved needs.
City actions planned to address obstacles are referenced within the AI and listed herein. AI, Chapter VIII:
Actions includes the plan’s goals and recommended actions to reduce the barriers to affordable housing noted in AP-75.
Actions planned to foster and maintain affordable housing.
The City will continue to work closely with non-profit housing and service providers to collaborate on improving the awareness and expansion of available resources to address the needs of the homeless population. Staff has addressed the affordable housing programs for this program year throughout this report. Please refer to sections AP-20, AP 35, AP-38, and AP-55.
In addition to exploring new policy and regulatory changes, the City will continue its efforts to carry out the following to remove barriers to affordable housing:
• Work with non-profit developers and other public agencies that increase Visalia’s supply of affordable housing.
• Work with the Housing Authority of Tulare County to properly inform collaborating agencies at the local, state, and federal levels of the need for affordable housing in the City. • Facilitate the construction of affordable rental housing for very low and low-income households by providing regulatory (e.g., density bonus, expedited permit processing, deferred fees, or relaxed parking requirements) and financial incentives. • Support programs that keep people housed, such as tenant-based rental assistance and rapid rehousing.
• Streamline permitting process for affordable housing. • Further incentives to developers for the development of affordable housing. • Incorporate educational components regarding the importance of affordable housing into 621
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community outreach.
• Encourage the development of smaller, more affordable units.
Actions planned to reduce lead-based paint hazards.
Approximately 40% of the City’s housing stock was built prior to 1979 therefore work performed on these buildings must be carefully monitored for the presence of lead-based paint in compliance with HUD regulation. Currently the City’ housing rehabilitation or home improvement programs and down payment assistance programs require lead-based paint inspections and/or abatement. Applicants of these programs are provided brochures informing them of the health risks of lead-based paint as part of the application process. In addition, City building inspectors and Code Enforcement staff are alerted to signs of this hazard as they perform their substandard housing inspections. The City requires its Subrecipients, Developer partners and rehabilitation contractors of federally funded programs to utilize safe practices and obtain certification through a HUD certified lead testing agency.
Actions planned to reduce the number of poverty-level families.
The City works with its non-profit partners to reduce the number of poverty-level families. The City will also continue to provide its non-profit partners with funding to acquire, rehabilitate, and sell and rent homes or multi-family units to income-qualifying households at or below 80% AMI.
Additionally, the City has made a commitment to improve the communication and service delivery capabilities of agencies and organizations that provide programs to assist the homeless. Specifically, Staff participates in the monthly Continuum of Care (Alliance) meeting, and various homeless task groups to identify funding and opportunities to provide Visalia’s homeless population with housing and service opportunities.
The City will also continue to partner with organizations to provide services and address the full range of needs of LMI families. Although there are coordinated programs and services to reduce poverty, it is recognized that many unmet needs will remain. The City will continue to work with its partners to identify and work toward meeting those needs by strategically focusing its resources and efforts.
Actions planned to develop institutional structure.
The City is a charter city and is managed under a Council-manager form of government. City Council provides policy direction to the City Manager who is responsible for administering City operations. City Council members are the leaders and policymakers elected to represent the community and concentrate on policy that addresses the citizens’ needs and wishes. The City Manager is appointed by the City Council to carry out policy and ensure that the entire community is served. The legislative body is the City Council and City Councilmembers are the community’s decision makers. Visalia voters elect a 5-member Council to serve as the City's legislative and governing body. The members represent the City 622
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and their respective Districts, serve four-year terms and they select one member to serve as mayor and one to serve as vice- mayor. A general municipal election is held every two years in November, alternating between two and three positions each cycle.
The Finance Department, Housing Division oversees and administers the day-to-day activities of the CDBG, NSP1, HOME, HOME-ARP, PLHA, Low-Moderate Income Housing Asset Funds (LMIHAF)/RDA Successor Agency Housing (SAH), and other state and federal funded programs. Staff works together with various City departments to develop programs and activities that improve low-and moderate- income neighborhoods throughout the City. The administration of program activities includes housing, public services, public facility, park and infrastructure improvements, and economic development activities.
Interdepartmental communication and collaboration are two strengths of the delivery system. City staff from various departments works with local organizations and agencies that assist low-income households and individuals. High priority needs were identified during the Consolidated Plan’s community engagement and public review periods.
During the Consolidated Plan public review period, these priorities were established. Additionally, input is received by the community, various committees, and City Council during the feedback period in developing the annual plan. The AAP is designed to address the needs and priorities identified within the ConPlan and direct limited funding available toward the highest needs.
Actions planned to enhance coordination between public and private housing and social service agencies.
The City continues to participate in monthly Continuum of Care and quarterly Tulare County Homeless Task Force community meetings to enhance coordination between housing providers, government agencies, mental health, and other key stakeholders in the City. The purpose of these ongoing meetings is to establish a network of agencies to enhance the delivery of services to the homeless, disabled individuals and families, and others seeking services.
City staff meets with public officials, City departments, HATC, residents, and agencies to develop strategies for how best to invest grant funding to address discuss priority community needs. Staff met with the Citizens Advisory Committee (CAC), which acts as a liaison between the public and the City Council concerning community needs. The Disability Advocacy Committee (DAC) has now become a part of the CAC. Therefore, City Staff has also met with the members of the DAC through meetings held with the CAC, to be advised on the needs of disabled persons in the community.
Discussion:
See above discussions.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
In the event final CDBG and HOME program entitlement and program income is higher or lower than expected herein, the City of Visalia may add, subtract, or transfer amounts among identified projects, as noted without publishing a substantial amendment, if the amount is below 75 % change, as per the approved Citizens Participation Plan. Any difference in CDBG funding will be reflected in the public infrastructure/ADA project line item and, if needed, public services to maintain compliance with the 15% cap and Administration; any difference in HOME funding will be reflected in SHE CHDO Acq/Rehab/construct or reconstruct single-family or multi-family projects, and if needed Administration.
The three-year period (2023, 2024 & 2025) will be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 624
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HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:
No other form of investment shall be used beyond those identified in Section 92.205. 2. As it relates to the HOME funded owner-occupant programs, all beneficiaries are owner occupants. As it relates to HOME funded rental programs, beneficiaries are tenants.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
First Time Homebuyer (FTHB), funds shall be provided as a Direct HOME subsidy- gap financing, as a second mortgage to households at or below 80% of the area median income. The property will maintain an affordability covenant as referenced under 24 CFR 92.254 (a) (4). The covenant shall remain for five (5) years when less than $15,000 is provided in gap financing Direct Subsidy to the homebuyer and shall be for a ten (10) year period when more than $15,000 up to $40,000 is provided in gap financing Direct Subsidy to the homebuyer, and a minimum of fifteen (15) year period for more than $40,000 in gap financing Direct Subsidy to the homebuyer. The “Owners Participation Agreement” (Covenant) shall begin the date the Deed of Trust is recorded. The Provision for the FTHB Program shall be “Recapture Provision” as per 24 CFR 92.254 (a) (5) (ii) (A) (1). The City may recapture the entire amount of the direct HOME assistance from the homeowner.
The amount to be recaptured will not exceed the amount of net proceeds available at the time the home is sold. HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).
The SHE-CHDO Program utilizes the “Recapture Provision”. HOME funds are invested in the acquisition, rehabilitation, and/or new construction/reconstruction and Direct Subsidy shall be up to 10% of the total HOME investment (i.e., $280,000 acq. /Rehab cost X 10% = $28,000 Direct Subsidy to homebuyer), which shall be provided as a Second Mortgage to the qualifying new homebuyer. If the property is sold below fair market value, the difference between the fair market value and the purchase price is part of the HOME subsidy and provided directly to the homebuyer as a direct subsidy. In addition, any additional subsidy provided to the homebuyer to enable them to purchase the property, which includes down payment assistance, closing costs, interest subsidies, or other HOME assistance including any assistance that reduced the purchase price from fair market value to an affordable price, shall be recaptured.
The SHE-CHDO Program covenant shall use the “Recapture Provision”, as referenced under 24, CFR
92.254 (a) (5) (ii) (A) (1) and shall begin the date the Deed of Trust is recorded. In the case of the 625
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homebuyer selling the home during the affordability period, the City may recapture the entire amount of the direct HOME Subsidy and the difference between the fair market value and the purchase price, if the purchase price is below the fair market value, and any additional assistance as referenced above. The amount to be recaptured will not exceed the amount of net proceeds available at the time the home is sold. HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).
Note: Staff works with the City Attorney in updating legal documents to comply with the funding source and type of program(s) administered.
The FTHB, SHE-CHDO Program loan documents were reviewed in 2017 by HUD. If HUD requests a copy for review, City Staff will again provide documents if required prior to implementing the program.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. See 24 CFR 92.254(a)(4) are as follows:
See Recapture provisions above.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
This does not apply to Visalia. Please see discussion above.
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Appendix “A” – Summary Detail
PY 2024-2025 DRAFT CDBG and HOME Annual Action Plan Summary Detail
Table 1: FY 2024/2025 DRAFT CDBG and HOME Annual Action Plan Resources: CDBG HOME
2024 Annual Grant Allocation $ 1,200,000 $ 540,000 2024 Estimated Program Income 100,000 100,000 Prior Year Resources 0 425,000 Total FY 2024/25 CDBG and HOME Resources $ 1,300,000 $ 1,065,000 Expenditures:
Administration and Planning:
Grant Administration $ 260,000 $ 64,000 Total Administration $ 260,000 $ 64,000
Public Services:
Kings Tulare Homeless Alliance - Continuum of Care/Point-In-Time Count/LINC $ 20,000 $ 0 Kings View PATH Program - Housing Flex Funds 20,000 0 Family Services of Tulare County - Permanent Supportive Housing (PSH) Match 50,000 0 Elevate Community Services - Permanent Supportive Housing (PSH) Match 25,000 0 Self-Help Enterprises - Eden House Transitional Bridge Housing 125,000 0 Total Public Services $ 240,000 $ 0
Affordable Housing:
Habitat for Humanity - Emergency Repair and ADA Program (ERAP) $ 50,000 $ 0 Self-Help Enterprises - Senior Mobile Home Repair Program (SMHRP) 75,000 0 Code Enforcement Services - In Low-Moderate Income Target Areas 175,000 0 HOME-CHDO Project - Rancho Colegio CP0624** 0 1,001,000 Total Affordable Housing $ 300,000 $ 1,001,000
Public Facility Improvements:
Park Improvements - Lincoln Oval Park Fence and Lighting Improvements $ 50,000 $ 0 ADA Compliance Projects - ADA Tree Wells Project CP0618* 450,000 0 Total Public Facility Improvements $ 500,000 $ 0
Total FY 2024/25 CDBG and HOME Expenditures $ 1,300,000 $ 1,065,000
*Any increase or decrease of FY 24/25 CDBG annual allocation and/or program income will be directed to the CDBG ADA Compliance Project CP0618. **Any increase or decrease of FY 24/25 HOME annual allocation and/or program income will be directed to HOME-CHDO Rancho Colegio Project CP0624.
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Appendix “B” – Citizen Participation
English Public Notice
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Appendix “B” – Citizen Participation
Spanish Public Notice
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Appendix “B” – Citizen Participation
City Website Post
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Appendix “B” – Citizen Participation
KTHA Listserv Post 3/15/24
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Resources: CDBG HOME
2024 Annual Grant Allocation 1,200,000$ 540,000$
2024 Estimated Program Income 100,000 100,000 Prior Year Resources 0 425,000
Total FY 2024/25 CDBG and HOME Resources 1,300,000$ 1,065,000$ Grant Administration 260,000$ 64,000$
Total Administration 260,000$ 64,000$
Public Services:
Kings Tulare Homeless Alliance - Continuum of Care/Point-In-Time Count/LINC 20,000$ 0$ Kings View PATH Program - Housing Flex Funds 20,000 0 Family Services of Tulare County - Permanent Supportive Housing (PSH) Match 50,000 0 Elevate Community Services - Permanent Supportive Housing (PSH) Match 25,000 0 Self-Help Enterprises - Eden House Transitional Bridge Housing 125,000 0 Total Public Services 240,000$ 0$
Habitat for Humanity - Emergency Repair and ADA Program (ERAP) 50,000$ 0$ Self-Help Enterprises - Senior Mobile Home Repair Program (SMHRP) 75,000 0 Code Enforcement Services - In Low-Moderate Income Target Areas 175,000 0 HOME-CHDO Project - Rancho Colegio CP0624** 0 1,001,000 Total Affordable Housing 300,000$ 1,001,000$
Park Improvements - Lincoln Oval Park Fence and Lighting Improvements 50,000$ 0$ ADA Compliance Projects - ADA Tree Wells Project CP0618* 450,000 0 Total Public Facility Improvements 500,000$ 0$ Total FY 2024/25 CDBG and HOME Expenditures 1,300,000$ 1,065,000$ Attachment B - Draft 2024 Annual Action Plan Table
Public Facility Improvements:
*Any increase or decrease of FY 24/25 CDBG annual allocation and/or program income will be directed to the CDBG ADA Compliance Project CP0618. **Any increase or decrease of FY 24/25 HOME annual allocation and/or program income will be directed to HOME-CHDO Rancho Colegio Project CP0624.
Table 1: FY 2024/2025 DRAFT CDBG and HOME Annual Action Plan Expenditures:
Administration and Planning:
Affordable Housing:
632
Draft PY 2019 Visalia
CARES Act Substantial
Amendment IV
633
Annual Action Plan
2019
2 OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Year (PY) 2019 Visalia CARES Act (CDBG-CV) Amendments:
Amendment I: In response to the Coronavirus Pandemic, HUD awarded the City an additional allocation of CDBG CARES Act (CDBG-CV) funds to be used to prevent, prepare for, and respond to COVID-19. In 2020, the CARES Act allocation was authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Amendment I includes two amendments: 1) CDBG-CV Program Year (PY) 2019 substantial amendment Public service activities under the CARES Act funding eligible activities; and 2) 2019 CDBG AP was amendment to move remaining funds from an ADA activity to another. An amendment through a public hearing process was approved by council on 4-20-20. to re-appropriate approximately $66,683.37, moving from a completed ADA project to an ongoing open ADA project.
Amendment II: The PY 2019 Visalia CARES Act Substantial Amendment II consists of $767,987 in CDBG- CV round 1, $739,863 in CDBG-CV round 3, and unspent 2019 CDBG entitlement funds in the amount of $160,137 for a total of $1,667,987 for CDBG-CV projects. The PY 2019 Visalia CARES Act Substantial Amendment II projects consists of food assistance at $425,551, subsistence payments at $1,200,000 and CDBG-CV admin at $42,436, for a total of $1,667,987. Through the use of HUD approved waivers, the 5- day public comment period was from October 1st through October 5th, 2020. A public hearing on the proposed amendment took place on Monday, October 5th, 2020, at 7:00pm at the Visalia Convention Center at 303 E. Acequia Avenue, Visalia, CA 93291.
Amendment III: The PY 2019 Visalia CARES Act Substantial Amendment III consists of $291,599 in CDBG- CV reallocation funds. The full CDBG-CV reallocation amount will be used to administer a CDBG-CV Emergency Rental/Mortgage Assistance Program. The public comment period took place from August 5, 2022, through August 15, 2022. A public hearing on the proposed amendment took place on Monday, August 15th, 2022.
Amendment IV: The proposed PY 2019 Visalia CARES Act Amendment IV consists of reallocating the remaining $18,163.06 of the $291,599 received in CDBG-CV reallocation funds to CDBG-CV administration, which is at 6% and well under the allowed 20% administrative cap. On December 19, 2022, Council awarded RFP 22-23-25 to Self-Help Enterprises in $291,599 in CDBG-CV funds to administer a CDBG-CV Rental/Mortgage Assistance Program to working low-and moderate households impacted by the Coronavirus Pandemic for a contract term of January 1, 2023, through December 31, 2023. Assistance was set at $2,000 per working household for a maximum of 6 consecutive months. A total of $273,435.94 of CDBG-CV reallocation funds were spent, and 111 households were served. As a result, $18,163.06 in CDBG-CV is remaining. Thus far, no administration has been spent administrating the CDBG-CV reallocation funds. The proposed PY 2019 Visalia CARES Act Amendment IV would transfer the remaining CDBG-CV balance to CDBG-CV administration and close out the city’s CDBG-CV funds. The public comment period took place from March 15, 2024, through April 15, 2024. The public hearing to adopt the PY 2019 Visalia CARES Act Amendment IV is scheduled for Monday, April 15, 2024.
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of Visalia (City) is an entitlement jurisdiction (EJ) that receives federal funds from the U.S.
Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs, which are designed to assist low and moderate income (LMI) households, investing in Visalia's neighborhoods.
HUD requires that the City prepare a Consolidated Plan (ConPlan) every five years to foster a community-wide dialogue regarding the market environment, affordable housing, and community development needs.
The City is required to prepare an Annual Action Plan (AP) to report on the distribution of funding for the program year, which starts July 1st - June 30th. The AP explains how the City intends to use its CDBG and HOME funds, and how the funded programs will address the priorities identified in the ConPlan. The AP also identifies resources that will be used to meet the goals of the approved ConPlan.
The Fifth Year AP reflects the goals and objectives for the period starting July 1, 2019 - June 30, 2020.
CDBG shall be directed toward public services, public ADA improvements, Code Enforcement, Emergency Repair and Accessibility Program, and public/park improvements, Public Facility improvements such as acquisition and/or construction of an emergency shelter and/or Bridge housing for homeless population.
CDBG PI shall be directed toward Administration, ADA projects, and public services.
HOME funds shall be directed toward SHE CHDO Acquisition/rehabilitation (SHE CHDO Acq), infill, and construction of single and multi-family housing. HOME PI shall be directed to SHE CHDO Acq. projects and Administration (up to 10%). For any additional HOME PI received, the City Manager has the authority, if deemed a minor amendment, to direct it toward either the SHE- CHDO or the Tenant Based Rental Assistance (TBRA) programs.
Minor Amendment Dated 10/28/19- CDBG: Move $35k from Admin to Community Campus Lot - Park Project.
Substantial Amendment 2019 CDBG: move approx. $66k from completed ADA project to another ADA project; Council approved 4/20/20.
CDBG-CV Amendment I includes two amendments: 1) CDBG-CV PY2019 amendment- Public service activities under the CARES Act funding eligible activities; AND2) 2019 CDBG AP, was amendment to 635
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move remaining funds from an ADA activity to another. An amendment through a public hearing process was approved by council on 4/20/20. to re-appropriate approximately $66,683.37, moving from a completed ADA project to an ongoing open ADA project.
CDBG-CV Amendment II includes $767,987 in CDBG-CV round 1, $739,863 in CDBG-CV round 3, and unspent 2019 CDBG entitlement funds in the amount of $160,137 for a total of $1,667,987 for CDBG-CV projects. The PY 2019 Visalia CARES Act Amendment II projects consists of food assistance at $425,551, subsistence payments at $1,200,000 and CDBG-CV admin at $42,436, for a total of $1,667,987. Council approved it on 10/5/20.
CDBG-CV Amendment III includes $291,599 in CDBG-CV reallocation for CDBG-CV projects. The PY 2019 Visalia CARES Act Amendment III projects consists of an Emergency Rental/Mortgage Assistance Program utilizing the full $291,599 in CDBG-CV funds. Council approved it on 8/15/22.
CDBG-CV Amendment IV includes reallocating the remaining $18,163.06 of the $291,599 received in CDBG-CV reallocation funds to CDBG-CV administration, which is at 6% and well under the allowed 20% administrative cap, and close out the CDBG-CV funds. The public hearing for adoption is scheduled for April 15, 2024.
2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items, or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis, or the strategic plan.
The four ConPlan goals below represent high priority needs for the City of Visalia (City) and serve as the basis for the strategic actions the City will continue to take toward meeting these needs. Based on the Needs Assessment, Market Analysis, and community outreach conducted in mid-2015, in preparation of the current five-year ConPlan cycle, the 2015-2019 ConPlan efforts resulted in the following high priority needs:
1. Creation and preservation of decent affordable housing
2. Provide a suitable living environment.
3. Promote economic opportunity.
4. Provide program administration, planning, and management in FY 2019, Visalia will fund activities in furtherance of the objectives and priorities identified in the SP for the five years from 2015 to 2020, improving availability, accessibility, affordability and sustainability through programs and activities which benefit the community, focusing on low- and moderate-income households and areas. The activities for the 2019 FY will support at least one objective and one outcome. The 2019 Action Plan activities are listed in section AP-35, Projects, more specifically, AP-38 Project Summary.
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3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
The City will continue successful programs, meeting high priority needs, addressing affordable housing, a suitable living environment and economic development objectives. Performance accomplishments include Affordable Housing, Suitable Living Environment, and Public Services.
Affordable Housing: HOME CHDO funds continue to be provided to SHE to produce affordable housing, both single and multifamily development, for our most vulnerable population, meeting HOME timelines for commitment and expenditures.
The HOME Tenant-Based Rental Assistance (TBRA) program administered by Family Services of Tulare County continues to be a challenge due to the lack of available units. Staff conducted a rent analysis in 2017 and 2018 that met HUDs requirements resulting in an increased Rent Standard for the program.
The purpose is to provide secure, safe, decent, and sanitary rental housing assistance to extremely low and very low-income persons or households that are homeless who meet the tenant selection criteria. TBRA focuses on special purposes or specific housing needs of Visalia’s homeless population as indicated within the Con Plan. The TBRA program currently has five participants.
The CDBG Senior Mobile Home Repair Program (SMHRP) contracted with SHE is using previous year CDBG funds, which will assist approximately 6 more eligible mobile homeowners, in addressing health, safety and rehabilitation needs. Applications are under review. No additional funding is recommended toward the SMHRP in 2019. New funding has been directed toward the Emergency Repair and Accessibility Program (ERAP). Upon policy development and selection of an administrator the program will be brought online.
Suitable Living Environment: CDBG funds will be used to improve public and park facilities, along with accessibility improvements including sidewalks for connectivity to the ADA curb cuts that serve primarily low- and moderate-income residents and disabled population. Previous year funding supported ADA improvements for the south side of Houston Avenue between Santa Fe and Dinuba Boulevard areas in CDBG targeted areas. Engineering continues to conduct analysis for accessibility needs within the CDBG targeted areas. Staff were also directed to consider ADA accessibility needs in the southwest quadrant of the city, within low mod neighborhood areas, school areas, and public community buildings which provide neighborhood activities.
Economic Development: No funding is recommended toward this activity this year. 4 of the 5 years, funding went toward the Section 108 loan repayment which provided funding for construction of a downtown parking structure based upon the City’s commitment to provide adequate parking in the downtown area to stimulate job creation.
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Public Services: Efforts to fund public services have increased over the last few years. The Fair Housing Council of Central California (FHCCC) continues to provide fair housing education including the annual Fair Housing workshop in April, and will conduct testing, which supports the Analysis of Impediments for the new 5-year ConPlan. Other public services include Continuum of Care (CoC) and the Family Services- Voucher Program, Case Management Programs which address the needs of our homeless population through street outreach, and case management services. All planned public service activities support our high priority needs identified in the 2015-2019 ConPlan. Additional public service funding is set aside to increase existing or new services within the 15% cap.
Neighborhood preservation efforts continue through Code Enforcement. Code inspection revenue from fines shall be drawn prior to CDBG grant funds.
4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.
Overview of 5-Year ConPlan participation:
As per 24 CFR 91.115, the City of Visalia adopted a Citizens Participation Plan (CPP), as part of the five- year ConPlan process. In FY 2015, and as amended 2018, the CPP describes the citizens participation requirements. The CPP is on file at the City of Visalia, Finance Department, and on the City of Visalia website at: https://www.visalia.city.
To maximize participation in preparing the 2015-2019 ConPlan, the City designed and administered a Community Needs Survey and held Community Forums. The Survey was distributed to residents, workers, service providers, and businesses of the City. The CPP describes the outreach, entities, organizations, or persons that were informed of the ConPlan. Hardcopy surveys were distributed to public housing sites, school districts, health care providers, libraries, and community centers. Surveys were also distributed via email and social media. The City sent emails to 350 different individuals or organizations notifying them of the Survey and providing the dates and times for Community and Stakeholder Forums. It was estimated that 4,559 people on Facebook and 819 persons on Twitter were reached with information regarding the ConPlan with 214 survey responses received by the City. The City also held three Community Forums, which were attended by a total of 22 individuals, and presented the Consolidated Plan to multiple organizations and advisory boards. 2019 Action Plan Community and Council Feedback:
As part of the annual consultation process, Staff met with committees and reviewed the 5 Yr. ConPlan identified needs serving as the comprehensive strategy, describing the City priorities and multi-year goals for use of CDBG and HOME funds from July 1, 2015, through June 30, 2020. Staff then reviewed the current 2018 AP activities, in preparation of the Draft 2019 AP proposed activities. Additionally, the City reached out via-email to the ConPlan list of agencies, and other outreach outlets, presenting the 638
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same information, which included a Feedback response form, asking 1) what is their feedback on the proposed goals and activities for the 5th year AP, and 2) what other goals (high priority activities) are needed for low income housing, jobs and/or low income areas, also requesting narrative feedback and represented agency identification.
Summary of comments or views not accepted and the reasons for not accepting them All comments or views received during the public participation process are accepted and taken into consideration during the preparation of the AP and CDBG-CV Amendments.
Summary
Final Council approval of the activities (Staff report) is included herein. Council approved "Option 1" of the staff report, with final figures reflected in Tables 1 and 2 above under Question No. 2. Included is the 2018 CDBG Minor Amendment as Attachment "K" and the final 2019 Action Plan Minor Amendment with the table of activities and allocated funding.
Minor CDBG Amendment dated 10.28.19. Move $35k from Admin to Community Campus Lot- Park project.
Substantial Amendment 2019 CDBG : move approx. $66k from completed ADA project to another ADA project; Council approved 4.20.20.
CDBG-CV Substantial Amendment I includes two amendments: 1) CDBG-CV PY2019 substantial amendment- Public service activities under the CARES Act funding eligible activities; AND2) 2019 CDBG AP, was amendment to move remaining funds from an ADA activity to another. An amendment through a public hearing process was approved by council on 4-20-20. to re-appropriate approximately $66,683.37, moving from a completed ADA project to an ongoing open ADA project.
CARES Act Substantial Amendment II includes $767,987 in CDBG-CV round 1, $739,863 in CDBG-CV round 3, and unspent 2019 CDBG entitlement funds in the amount of $160,137 for a total of $1,667,987 for CDBG-CV projects. The PY 2019 Visalia CARES Act Substantial Amendment II projects consists of food assistance at $425,551, subsistence payments at $1,200,000 and CDBG-CV admin at $42,436, for a total of $1,667,987. Council approved on October 5, 2020.
CARES Act Substantial Amendment III includes $251,599 in CDBG-CV reallocation funds. The PY 2019 Visalia CARES Act Substantial Amendment III project consists of emergency rental/mortgage assistance to households at or below 80% AMI or lower who have directly impacted by the Coronavirus Pandemic.
Council approved following a public hearing on August 15, 2022.
CARES Act Amendment IV includes shifting the remaining $18,163 in CDBG-CV reallocation funds to CV administration, within the allowed 20% admin cap. Public hearing to be held on April 1st and 15th, 2024. 639
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
Lead Agency VISALIA
CDBG Administrator VISALIA Finance Department-Housing Division HOPWA Administrator
HOME Administrator VISALIA Finance Department- Housing Division HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative (optional)
The City of Visalia (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs.
The City’s Finance Department is responsible for administering the funds it receives under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs.
Consolidated Plan Public Contact Information:
Margie Perez
City of Visalia - Housing Specialist
Finance Department - Housing Division
707 W. Acequia Ave. Visalia, CA 93291
Email: [email protected]
Phone: 559-713-4460
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The City continues to work collaboratively with public officials, City departments, community residents, stakeholders, and beneficiaries of entitlement funds to address the priorities and strategies included in the ConPlan. During the preparation of the 5-year ConPlan, the City facilitated a community outreach and engagement effort to further strengthen the dialogue between public and assisted housing providers and private and governmental health, mental health and service agencies that receive federal funding. The City also held three community forums to prompt a discussion on the City’s top community needs and approaches to address them during the development and adoption of the 2015 ConPlan. These efforts were continued with the preparation of the 2019 Action Plan.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health, and service agencies (91.215(l))
Specifically related to public and assisted housing providers, private and governmental health, mental health and service agencies, City Staff has been meeting with the County Homeless Task Group, a City Emergency Shelter Task Group, and the Continuum of Care (Homeless Alliance) members. Representation includes county and local government, faith-based organizations, concerned citizens, housing providers, service providers, including mental health, education, employment, and others.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The City of Visalia is closely involved with the Kings/Tulare Homeless Alliance (Alliance), which serves as the local Continuum of Care. When possible, the City’s programs are designed to serve homeless persons and are coordinated with the Alliance.
Coordinated efforts and partnerships continue to assist our homeless population, with representatives from SHE, Tulare County Health and Human Services, Tulare County Board of Supervisors, Continuum of Care Alliance, City of Visalia representative and a representative from the Faith based organizations. Current direction includes identifying the need, site, partnerships, and resources for an emergency shelter.
There are several ongoing efforts that the City and Alliance are involved in as collaborative partners. These collaborations include:
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• Monthly Alliance Membership Meetings
• Tulare County Task Force on Homelessness
• Visalia HOPE Team Top Ten Meeting
• Visalia’s recently formed Emergency Shelter Committee (Tulare County Health & Human Service Representative, County Board of Supervisor Amy Shuklian, City Finance-Housing Staff, Assistant City Manager, Faith Based Organization representation and other homeless advocates) • Warming Center Committee
• Bridge Housing Project
Programs/Projects, include:
• St Paul’s Episcopal Church Warming Center
• Visalia Ride-Along Program
• HOME Tenant Based Rental Assistance (TBRA) Program
• CDBG Case Management/Street Outreach
• ECO jobs Program
• Acquisition and Rehab of properties through the City’s Non-Profit Developer All of these projects were designed and implemented through a collaborative effort between the Alliance, its partner agencies and the City of Visalia.
The City also implemented in the past few years- two Case Management/Street Outreach Programs (Housing Successor funded) designed to serve people experiencing homelessness. These program designs were also a collaborative effort between the Alliance, its partner agency, Family Services of Tulare County, and the City of Visalia.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS.
Not applicable. The City of Visalia is not an ESG entitlement area. However, the City supports its local Continuum of Care in its efforts to receive funding toward the needs of our community.
2. Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated. 1 Agency/Group/Organization Housing Authority of Tulare County Agency/Group/Organization Type PHA
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
TCHA provided input through the survey, recommending that the city make more funding available for the acquisition and rehabilitation of more affordable housing. THCA was also consulted in preparation of the AP. 644
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2 Agency/Group/Organization Kings/Tulare Counties Continuum of Care Agency/Group/Organization Type Housing
PHA
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
Service-Fair Housing
Services - Victims
Health Agency
Child Welfare Agency
Publicly Funded Institution/System of Care
Other government - County
Other government - Local
Regional organization
Business Leaders
Civic Leaders
Business and Civic Leaders
Continuum of Care
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Consultation provided information; Continued partnership/collaboration through CoC meetings. Survey feedback presented the Conplan High priority needs, 2019 Action Plan through the listserve members who represent all the types of organizations listed above including businesses, concerned citizens advisory committee liaison, and community organizations. The Continuum of Care, and Homeless Task Group meetings and feedback relate to the need for homeless housing. Specifically noted CDBG funding would assist staff to further meet the needs of the chronically homeless community.
3 Agency/Group/Organization City of Visalia- Community Development Agency/Group/Organization Type Housing
Other government - Local
Planning organization
Civic Leaders
Action Plan Review
Grantee Department
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Economic Development
Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Consultation to provide information. Planning information included in the Action Plan.
4 Agency/Group/Organization VISALIA
Agency/Group/Organization Type Housing
Other government - Local
Planning organization
Civic Leaders
Action Plan Review- Finance
Grantee Department
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Economic Development
Anti-poverty Strategy
Lead-based Paint Strategy
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
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5 Agency/Group/Organization Visalia Park & Recreation Commission Agency/Group/Organization Type Other government - Local Planning organization
Civic Leaders
Park & Recreation Commission
Grantee Department
What section of the Plan was addressed by
Consultation?
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Need Survey provided to the Park & Recreation Commission, by the Park & Rec Director. Comments through Jeannie Greenwood, Director Sent: Tuesday, January 8, 2019, 10:08 AM: Subject: RE: Public Survey- Needs for use of CDBG & HOME (2019 Action Plan funding) July 1, 2019- June 30, 2020) We discussed potential CDBG projects at the December 18, 2018 Parks and Recreation Commission meeting. Here are their thoughts related to potential projects: Visalia Senior Center - add a shade structure over garden - Riverbend Park, add security lighting- Fairview Park - add security lighting- Summers Park , add modern play/climbing apparatus; security lighting CDBG rules were reviewed with the director regarding other funding for the flooring.
6 Agency/Group/Organization turning Point of Central California Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Persons with HIV/AIDS
Services-homeless
Services-Health
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Needs Survey provided: Staff provided feedback and indicated that the highest priority is to provide services & shelter to homeless population in Visalia, especially sex offenders. TP indicated that they need to house & track them.
Second are drug treatment services, especially sober living homes for addicts completing treatment.
7 Agency/Group/Organization Boys & Girls Club
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Member provided feedback and indicated that the Boys & Girls Club in Visalia’s HVAC system needs major work and at present do not have the funding to complete the work. The Boys & Girls Club serves hundreds of children and youth, ages 6 to 18 each year. Most youth are from disadvantaged circumstances. 8 Agency/Group/Organization Visalia Emergency Aid Council Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-homeless
Services-Health
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
VEAC provided feedback. Infill the many vacant lots in North Visalia with affordable housing giving NPOs like SHE & HFH the opportunity to build SFH or MFH for low-income or transitional homeless families. Need more housing for low-income families that take Section 8. Partner with health agencies like KDHCD or FHCN to provide short term care homes for at risk individuals such as homeless or low income with no support to free up hospital beds and reduce secondary illness from poor postoperative care after release.
9 Agency/Group/Organization Visalia Unified School District Agency/Group/Organization Type Services-Education
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Economic Development
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Need Survey Feedback provided by VUSD Superintendent -Todd Oto: Priorities: 1) Road & Sidewalk repair in neighborhoods with high incidence of low-income housing/families; 2) improvement/expansion of city parks & open space; 3) support for emergency repairs for low-income homeowners. 10 Agency/Group/Organization Bethlehem Center
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Bethlehem Center staff provided feedback: The proposed goals and activities are great for the community. One goal that we fund here in need of, at the Bethlehem Center, is an open use and access to washing/drying garments. This would fall under the public facility category. Since we currently provide clothing assistance to the homeless, this would help and provide clean clothing daily. 11 Agency/Group/Organization Tulare County Office of Education Agency/Group/Organization Type Services-Education
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Economic Development
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
TCOE Beth Wilshire provided feedback: Affordable Housing Options; Rental assistance for those with poor rental and/or credit history; Emergency and Permanent housing options for homeless youth; Services for homeless youth such as assistance with high school diploma or other options as well as options for job assistance
12 Agency/Group/Organization Citizens Advisory Committee Agency/Group/Organization Type Business Leaders
Liason General Public
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What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Non-Homeless Special Needs
Economic Development
Anti-poverty Strategy
Lead-based Paint Strategy
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
The CAC acts as a liaison between the general public and City Council concerning community issues. Representatives include business owners, and the community at large. Staff presented an overview of the 5-year Plan, high priorities, funding allocations for 2018, and proposed 2019 activities on December 5, 2018, including the Need Survey for their input. The CAC was informed of their options of submitting comments (as a committee) to staff representative of CAC and/or email to Finance staff by the January 18, 2019, deadline. no comments received. 13 Agency/Group/Organization Family Services of Tulare County Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Strategy
Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Need Survey feedback provided by Family Services of Tulare County: proposed for consideration for increased CDBG funds for existing projects (Tulare Housing First II & Homeless Outreach). These programs are very successful, but funding has not increased significantly in years- FS wants to sustain these crucial projects. 2) A low barrier emergency shelter is a high priority need.
14 Agency/Group/Organization Disability Advocacy Committee Agency/Group/Organization Type Housing
Disabled; General Public
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Disability Advocacy Committee (DAC)advises the City on the needs of disabled people. The committee promotes physical, social, communication and attitudinal access for every citizen of Visalia. Representation includes disabled population, and community at large Staff presented an overview of the 5-year Plan, high priorities, funding allocations for 2018, and proposed 2019 activities and Need Survey for input on December 10, 2018. DAC members noted: that seniors needed repairs for mobile homes, along with revisions to policies so that they allow more participation/flexibility. Stated that Staff did not reference additional CDBG funds toward the senior mobile home, when there is a need; indicated they wanted to know who decides where ADA is needed, as the committee recommends that project manager present to DAC locations/projects. Parks need ADA which includes disabled population; Sports park needs ADA sidewalks; Downtown businesses need ramps/updating; Committee agreed that project manager with CDBG funds toward ADA projects should present the proposed areas, locations, projects to the DAC committee to approve, etc.
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15 Agency/Group/Organization Tulare County Health and Human Services Agency Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-homeless
Services-Health
Health Agency
Other government - County
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Need survey feedback provided by Mr. Feliz; Given the overwhelming local need, He submitted that financing the capital expenses of a low barrier emergency shelter should be reflected in the goals of the 2019 Action Plan and CDBG application (public facilities category)
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16 Agency/Group/Organization United Way of Tulare County Agency/Group/Organization Type Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-homeless
Citizen
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homelessness Strategy
Non-Homeless Special Needs
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Need Survey sent via email list serve for input on needs. Rosemary Caso, Executive Directors of United Way is looking for funding for Direct services such as vouchers and assistance.
17 Agency/Group/Organization Augusta Communities
Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Survey Need input provided feedback: Mooney Grove Affordable Housing Program: Augusta Communities requested funds to support the installation of new modern, high efficiency manufactured homes on vacant home sites in its manufactured housing community located at 26814 S. Mooney Blvd in the City of Visalia for 1) owner-occupied and 2) rental housing for occupancy by low- and moderate-income households. The cost for new modern, high efficiency homes and related improvements varies by size but cost approximately $90,000 - $110,000. Importantly, as compared to older housing stock from traditional housing (single family, apartments, and older mobile and manufactured housing) these homes are highly energy efficient resulting in lower total housing cost to the occupant. Augusta Communities is a 501(c)3 non-profit housing organization created to encourage, preserve, rehabilitate, develop, operate, and maintain decent, safe, sanitary, and affordable housing for low- and moderate-income persons through the acquisition and rehabilitation of manufacturing housing communities. Augusta purchased Mooney Grove manufactured housing community in 2016 with tax exempt financing and the property is encumbered with income and affordability covenants.
18 Agency/Group/Organization North Visalia Neighborhood Advisory Committee Agency/Group/Organization Type Housing
Services-homeless
Community Business Owners & members of the community
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Non-Homeless Special Needs
Economic Development
Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
North Visalia Neighborhood Advisory committee members serve as a liaison between the City and the North Visalia community. It is a forum for citizen complaints, problems and provides recommendations to the City Council. The committee includes representation from community advocates, business owners, Proteus, Boy Scouts, Real Estate, property owners. NVAC members submitted Need Survey information by email on December 3, 2018. Mr. Huott- Noted ADA curb cut, sidewalk needs, traffic signals/intersection crossing area needs walking path in Oval- Details included in the comment/response document. Mr. Ludekens noted safety crossing at Vine & N Dinuba Blvd; noted efforts by the Gang Intervention Task Force, homeless has become our major challenge and expense; Oval park looks great which City has done much in the oval area; Homeless present the challenge to feed, sleep, care, etc.; businesses around the Oval are impacted as local families will not shop where the homeless are in the area; recommend using the Oval building for a recreation service center; asked if CDBG can be used at Oval Park for programs, tie in with Park & Rec Dept. Further detail included in the comment/response document. Staff presented an overview of the 5-year Plan, high priorities, funding allocations for 2018, and proposed 2019 activities and Need Survey for input January 10, 2019. The North Visalia Advisory Committee Member noted that Manuel Hernandez Center needs lighting; Park & Rec member noted lighting and walkways in eligible parks; ADA curb cuts and walking paths needed; crossing difficult to get through route on Houston in a wheelchair and walking; need of ADA, various locations. 19 Agency/Group/Organization Homeless Emergency Shelter Committee 657
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Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-homeless
Services-Health
Health Agency
Other government - County
Other government - Local
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Action Plan
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
This group was brought together as a request by City Council in November of 2018 to identify and address the needs of our homeless population, specifically research on the need of an emergency shelter. This group consists of Tulare County Board of Supervisors, Tulare County Health and Human Services, housing, faith-based organization, and other providers. Meetings continue bi-weekly. 20 Agency/Group/Organization City of Visalia City Council Agency/Group/Organization Type Civic Leaders
What section of the Plan was addressed by
Consultation?
2019 Action Plan
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Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation
or areas for improved coordination?
Councilman Collins asked that the ADA ramp projects consider including the sidewalk to connect the ramp; noted under neighborhood preservation enhance districts funding projects in the historical area; (i. e teardown houses, improve, clean up); Also something to identify (signage) entering the historic district; earmark rehab/upgrades if needed to the oval building based on proposals for its use; Councilman Poochigian; great report; need more housing for homeless; Councilman Nelson: Additional vouchers and housing; more for low income housing, Not in support of historic; Mayor Link; more in low income housing, homeless housing.
Identify any Agency Types not consulted and provide rationale for not consulting.
The City did not intentionally exclude any groups from the consultation process choosing to encourage more feedback on the preparation of this Action Plan (AP) utilizing the City’s contact list of agencies created during the 5 Year ConPlan. Many agencies were represented at the various meetings. However, via-email, the City reached out to the agencies listed below and provided the recipients with information that included the ConPlan and AP process, High Priority Needs from the 5-Yr ConPlan, the 2018 AP and proposed 2019 AP activities based on existing commitments and ongoing projects. The power point provided a Feedback response form, asking 1) what is their feedback on the proposed goals and activities for the 5th year (AP), and 2) what other goals (high priority activities) are needed for low-income housing, jobs and/or areas.
They were encouraged to complete the feedback survey, include name, agency, and narrative feedback, and return to incorporate their feedback for Council to review and consider at the February 04, 2019, meeting.
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Other local/regional/state/federal planning efforts considered when preparing the Plan.
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care
Kings/Tulare
Homeless Alliance
(Continuum of Care)
Connecting the Dots is a Ten-Year Plan to prevent and end homelessness in the Kings and Tulare County region. This effort is aligned with the Strategic Plans goal to support activities that prevent and end homelessness.
San Joaquin Valley
Fair Housing and
Equity Assess.
California Coalition
for Rural Housing
The FHEA provides an overview of racial and economic segregation patterns in the City and describes its impact on residential mobility. The report also includes a set of recommendations to promote integration in the City and lessen the negative consequences generated as a result of segregation identified within the report. Both plans focus on supporting and promoting the creation of affordable housing opportunities for LMI and special needs households.
City of Visalia
General Plan Housing
Element
City of Visalia
The Housing Element identifies the housing needs of the community, goals, and objectives to address those needs, and outlines the community’s efforts to pursue specific policies and programs to achieve its goals and objectives. The Strategic Plan supports the Housing Elements plan to ensure that there is an adequate supply of affordable housing to meet the current and future needs of the population.
Analysis of
Impediments to Fair
Housing (AI)
City of Visalia
The AI provides an overview of laws, regulations, conditions, and other possible obstacles that affect an individuals or households access to housing in the City. It also serves as a blueprint to guide future fair housing planning and resource allocation and is meant to provide meaningful information to policymakers, housing advocates, providers, and lenders in their effort to build and support fair housing policies and practices. The City is contracted with the Fair Housing Council of Central California to provide services including education and testing
Table 3 – Other local / regional / federal planning efforts
Narrative (optional)
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The types of additional agencies were Businesses, Educational Services, groups and organizations, employment service providers, Fair Housing Services, Health Service and Domestic violence service providers, service providers for children and elderly persons, other advisory, veterans and concerned citizens, as well as faith-based organizations. The following additional providers were sent notice and information via-email encouraging feedback on preparing the AP and Amendment activities form:
• Businesses: Downtown Visalians, Hispanic and Visalia Chamber of Commerce, Fresno State Small Business Development Center, Tulare County Economic Development, Commercial Retail Associates, Zeeb Commercial Real Estate • Educational service agencies, groups,& organizations, Owens Valley Career Development Center, Tulare County Office of Vocational Education, Tulare County Superintendent of Schools, Visalia Unified School District, Visalia Adult School. • Employment service providers: Workforce Investment Board of Tulare County, Proteus, Community Services Employment Training • Fair housing service - Central California Legal Services, California Coalition for Rural Housing • Health service and domestic violence service providers: Central Valley Regional Center, EMQ Families First, Family Health Care Network, Kaweah Delta – The Bridge Point Project, NAMI Tulare County, Synchrony of Visalia, Inc. Family Services of Tulare County, and Central Cal. Family Crisis Center.
• Housing and Homeless Service providers: Self Help Enterprises, Turning Point, Tulare County Housing Authority, Kingsview, Kings Community Action Organization, Visalia Rescue Mission, Christian Church Homes, Habitat for Humanity and Family Services of Tulare County
• Service providers for children and elderly persons :Kings/Tulare Area Agency on Aging,– Adult Protective Services, Evergreen Residence Assisted Living, Aspiranet, Boys & Girls Club, Salvation Army, • Other Advisory, Veterans, Westcare, American Indian Advisory Committee, Veterans Administration, Champions Recovery, Citizens Advisory Committee, North Visalia Advisory Committee, Disability Advocacy Committee, Historic Preservation Committee, and City Council, Tulare County
• Faith-based organizations: Abounding Grace, Ambassadors of Christ, Bethel Spanish Assembly, Bethlehem Center, Calvary Baptist Church, Calvary Chapel, Calvary Worship Center, Catholic Charities, Catholic Churches of Visalia, Christ Lutheran, Church of Jesus Christ of Latter-Day, Congregation Beit Shalom, Congregation B’Nai Davis, Crossway Church, Destiny Church, Disciples of Christ Visalia, Faith Baptist Church of Visalia, Family Life, Fellow of Hope, First Christian Church, First Free Will Baptist Church, First Presbyterian Church, Gateway Church of Visalia, Grace Lutheran Church, Hands in the Community, Heart of the Valley Christian Fellowship, Iglesia Centro Alabanza, Kings Gospel Mission, Life Christian Faith Fellowship, Neighborhood Church, Parkside Chapel, Pentecostal Lighthouse, Poverello house, Praise Center, Presbytery of San Joaquin, Radiant Church, Religious Science Church, Sequoia Baptist Church, Seventh- 661
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Day Adventist Church, Sierra Baptist, Spiritual Awareness Center, St. Paul Episcopal Church, Stone Ministries Inc., The Warehouse, Trinity United Reformed Church, Unitarian Universalist Fellowship of Visalia, Universal Church, Valley Bible Church, Victory Outreach Church, Visalia Buddhist Church, Visalia Community Church of Christ, Visalia Evangelical Free Church, Visalia First, Visalia First Christian Reformed Church, Visalia Nazarene Church, Visalia New Life Church, Visalia Methodist Church.
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal setting.
The City of Visalia encourages residents, public service organizations, and other interested parties to participate in the development of the Five Year ConPlan and Annual Action Plan (AP) by attending public meetings and public hearings held at various stages of the plan development. A Outreach for input on the development of the Plan impacts the goals for the year, however, the 5 year SP is considered as well as the highest priority needs. A Based upon the input received by the community and council, high priorities were identified as public improvements, public facilities, homeless programs, public service programs, TBRA, and affordable housing projects and programs.
This year, the City’s Facebook, twitter, e-newsletter distribution, community meetings, and surveys reached, or hits were approximately 18,724.
Approximately 82 comments were received between committees, citizens, and entities. The Continuum of Care list serve reached approximately-316 people. Various committee members attended meetings in which the plan was presented for feedback. Staff provided an overview of the 5-year ConPlan, high priorities, review of current year AP, and proposed activities for the 2019 AP. The four (4) community meetings included one (1) City Council work session meeting, which was also held to obtain feedback in the development of the Draft Action Plan.
These committee meetings were:
• CAC on December 5, 2018
• DAC on December 10, 2018
• NVNAC on January 10, 2019
• City Council Work Session on February 04, 2019
On February 21, 2019, the 2019 AP public notice was published in the Visalia Times Delta Legal Section and in the VTD Weekly on March 20, 2019, in English and Spanish. The notice included a summary of the proposed activities, opportunities to attend a community or council meeting, with the meeting dates, time and locations and the comment period from February 21, 2019, through March 22, 2019. These meetings were:
• CAC on March 06, 2019
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• DAC on March 11, 2019
• NVNAC on March 14, 2019
• City Council Public Hearing on April 15, 2019
To seek additional opportunities for comments and participation in the meetings, the notice was posted as per the requirements of the CPP and posted on the City’s website, Facebook and Twitter, list serve, public library, city office locations, as well as non-profit distribution on the notice.
The draft AP notice of meetings reached approximately 22,111 people during the 30-day comment period. The AP was available in the Finance office, located at (707 West Acequia), Community Development office, located at (315 East Acequia); City Manager Administrative office, located at (220 North Santa Fe Street), Visalia and Tulare County public library in Visalia.
CARES Act Amendment I: CDBG-CV PY19 Amendment I Public Hearing May 18, 2020; CPP Amended; HOME and CDBG Waivers approved, to Prevent, prepare for, and respond to coronavirus.
CARES Act Amendment II: The PY 2019 CARES Act Amendment II 5-day public comment period took place from October 1 - 5, 2020. PY 2019 CARES Act Substantial Amendment II Public Hearing took place on October 5, 2020, at 7:00pm at the Visalia Convention Center. Additional information is available under AD-26 Citizen Participation Attachment A.
CARES Act Amendment III: The PY 2019 CARES Act Amendment III public comment period took place from August 5 - 15, 2022. PY 2019 CARES Act Amendment III Public Hearing took place on August 15, 2022, at 7:00pm. Additional information is available under AD-26 Attachment A "Citizen Participation".
CARES Act Amendment IV: The PY 2019 CARES Act Amendment IV public comment period took place from March 15 - April 15, 2024. A public notice was posted in the Visalia Times Delta on 3/15/24 and 3/29/24.PY 2019 The CARES Act Amendment IV public meetings are as follows:
• City Council Meeting Public Hearing to Review Amendment IV on April 1, 2024, at 7:00pm. • Citizens Advisory Committee Meeting on April 3, 2024, at 5:30pm. • City Council Meeting Public Hearing to Adopt Amendment IV on April 15, 2024, at 7:00pm.
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Citizen Participation Outreach
Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
1 Community Meeting
Non-
targeted/broad
community
Citizens Advisory
Committee (CAC)
A total of 15 people, not
including City Staff
attended the
meeting/information
session on December 5,
2018. Staff presented an
overview of the ConPlan
process as a refresher, the
Action Plan goals, project
and programs; proposed
activities Staff presented
an overview of the
ConPlan process as a
refresher, the Action Plan
goals, project and
programs; proposed
activities and amendments
Information taken in by
the committee. No
comments announced
as a committee after
the presentation. CAC
members were notified
of options of
submitting comments
(i.e. To CAC staff rep or
email to Finance by Jan
18th deadline.
No comment or
question was declined
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
2 Community Meeting
Persons with
disabilities
Disability Advocacy
Committee
A total of 6 people plus
staff, were present at the
December 10, 2018, DAC
meeting. Staff presented
an overview of the
ConPlan process as a
refresher, the 2019 Action
Plan goals, project, and
programs. Requested
input on needs
Members felt that
senior needed repairs
for mobile homes,
revisions to the
policies, ADA needs,
such as sidewalks,
sports park, downtown
businesses, and
proposed areas; and
recommended project
managers present ADA
needs within parks to
committee.
No comment or
question is declined
3 Community Meeting
Non-
targeted/broad
community
Park & Recreation
Commission
presented by Rec
Director
Director presented the
survey to the Park & Rec
commission during their
regulation scheduled
meeting- December 18,
2018. 5 members
Jeannie Greenwood
Public Survey- Needs
for 2019 AP funds 07-
01-19 discussed
potential CDBG
projects. commission
noted potential
projects:
No comments or
question is declined
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4 Community Meeting
Non-
targeted/broad
community
North Visalia
Neighborhood
Advisory
Committee
(NVNAC)
14 members and guests
attended 01.10.19. Staff
presented an overview of
the ConPlan process, the
Action Plan goals, projects
and programs. Requested
input on needs
Noted ADA curb cut,
sidewalk needs, traffic
signals/intersection
crossing area needs
walking path in Oval-
Mr. Ludekens noted
safety crossing at Vine
& N Dinuba Blvd; asked
if CDBG can be used at
Oval Park for programs,
tie in with Park & Rec
Dept. Further detail
included in the
comment/response
document. Member
noted Manuel
Hernandez Center
needs lighting; Park &
Rec member noted
lighting and walkways
in eligible parks; ADA
curb cuts and walking
paths needed; crossing
difficult to get through
route on Houston in a
wheelchair and
walking; need of ADA,
various locations
No comment or
question is declined
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
5 Tulare Kings Alliance
(Continuum of Care)
website, tweet,
Facebook
Minorities
Non-English
Speaking - Specify
other language:
Spanish
Persons with
disabilities
Visalia Homeless
The COC reaches over 316
people posted on
December 4, 2018, list
serve, Information survey
for input was sent to
various housing, faith
based, health, mental
health, victims of domestic
violence, homeless,
business, veterans,
children, education and
other services,
organizations locally,
regionally, including
county and city
Noted by a member- a
credible job of
providing housing for
people in need who are
willing and able to
conform to basic rules
and requirements;
where we are woefully
lacking is dealing with
people who fall in the
following categories:
Homeless that do not
want to live in
conventional housing;
Homeless that are
mentally ill; Homeless
that have dependency
issues. Does the City
have any programs
pending that deal with
this difficult homeless
segment
No comment or
question is declined
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6 Public Meeting
Non-English
Speaking - Specify
other language:
Spanish
Non-
targeted/broad
community
City Council
Worksession-
public meeting
City Council (four (4)
Councilmembers in
attendance) Work Session
held on February 04, 2019,
to review community
comments, requests,
review and confirm
Councils direction for the
2019 Action Plan projects
and program focus.
Councilman Collins
asked that the ADA
ramp projects include
the sidewalk to connect
the ramp; noted under
neighborhood
preservation enhance
districts funding
projects in the
historical area; (i.e.
teardown houses,
improve, clean up);
Also, something to
identify (signage)
entering the historic
district; earmark
rehab/upgrades if
needed to the oval
building based on
proposals for its use.
Councilman Poochigian;
great report; need
more housing for
homeless; Councilman
Nelson: Additional
vouchers and housing;
more for low-income
housing, Not in
support of historic;
Questions were
answered in as much
detail as possible. No
comment or question
was declined
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
Mayor Link; more in
low income housing,
homeless housing
7 Internet Outreach
Minorities
Non-
targeted/broad
community
email, tweet,
Facebook, city
website
Survey- notice for
feedback was tweeted,
Facebook, city inside news
reached 18,373 people
Responses from
community at large, and
various housing, faith
based, health, mental
health, victims of domestic
violence, homeless,
business, veterans,
children, education and
other services,
organizations locally,
regionally, including
county.
Overview of the
comments received,
are noted within the
City Council Report
Work session public
meeting on February 4,
2019. High priorities
identified are Homeless
Housing, Homeless
Services, ADA
compliance public
improvements, park
improvements, other
public improvements,
affordable housing,
homeowner
rehabilitation programs
and other.
No comment or
question is declined
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
8 Newspaper Ad
Minorities
Non-English
Speaking - Specify
other language:
Spanish
Non-
targeted/broad
community
all residents of
Visalia
Public notice 2019 Action
Plan published on
February 21, 2019, in the
Visalia Times Delta (VTD)
Legal section in English
and Spanish which reaches
7,200 people/subscribers
Comments included as
Attachment I Noted
comments relate to
Public Facilities,
homeless needs,
housing rehabilitation
needs, ADA, Parks and
other
no comments
received to date; no
comment would be
denied
9 Newspaper Ad
Minorities
Non-English
Speaking - Specify
other language:
Spanish
Non-
targeted/broad
community
weekly
Public notice 2019 Action
Plan was published on
March 20, 2019, in the
Visalia Times Delta Weekly
Wednesday paper in
English and Spanish.
provided to all residents of
Visalia, which reach 7,200
people
Comments included as
Attachment I Noted
comments relate to
Public Facilities,
homeless needs,
housing rehabilitation
needs, ADA, Parks and
other
No comments
received to date; No
comment would be
declined
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
10 Continuum of Care
website & email List
publishing
Non-
targeted/broad
community
Homeless
Advocacy
Public Notice 2019 Action
Plan posted on website for
30-day comment
no comments received no comments
declined
11 City of Visalia
Website posting
Non-
targeted/broad
community
Public Notice 2019 Action
Plan posted/published on
City website on from
February 21, 2019,
through March 22, 2019
Posted on City of Visalia
website; Reached 2,090
views
Comments included as
Attachment I Noted
comments relate to
public facility, homeless
needs, ADA, affordable
housing, parks, traffic,
other
no comments are
declined.
12 City Twitter,
Facebook,
Newsletter, Inside
City Hall
Non-
targeted/broad
community
Public Notice 2019 Action
Plan posted/published on
City website on February
21, 2019, through March
22, 2019 A total of 7,681
people were reached: The
notice was posted on City
of Visalia Twitter; Reached
2 followers; Facebook
reached 2,689; newsletter
reached 2,900, and news
item reached 2,090
Comments included as
Attachment I. Noted
comments relate to
public facility, homeless
needs, ADA, affordable
housing, Parks
improvements, public
improvements such as
crosswalk, traffic
lights/signs
No comments
declined
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
13 Public Meeting
Non-
targeted/broad
community
Citizens Advisory
Committee
Community Meeting with
Citizens Advisory
Committee to be held on
March 06, 2019 (during
30-day public comment
period) 10 people were in
attendance.
Comments included as
Attachment I Noted
comments relate to
public facility, homeless
needs, ADA
Improvements, parks.
Overall-The Committee
voted that the ADA
project should be
completed, then
remainder funding to
ES as seed money; if
CoC does not award
their funding toward an
ES to a developer, then
recommend that the
remaining CDBG be
redirected toward the
public improvements.
(motion was made)
Questions are
answered in as much
detail as possible. No
comment or question
is declined
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14 Public Meeting
Persons with
disabilities
Disability Advocacy
Committee April 9
Community Meeting with
Disability Advocacy to be
held on March 11, 2019
(during 30-day public
noticing period) 10 people
were in attendance.
Comments included as
Attachment I. Noted
comments related to
public facilities,
homeless needs, ADA,
Parks, Senior Mobile
Home assistance.
Overall, Committee
made a motion to
accept staff
recommendation to
complete ADA
Improvements, then
any additional or
remaining funds be
directed to public
facilities for an
emergency shelter,
with the addition of
Staff's recommendation
to redirect any
remaining funds to
ADA, Parks & Senior
Center if Continuum of
Care funds are not
awarded to a non-profit
for the development of
the shelter.
Questions are
answered in as much
detail as possible. No
comment or question
is declined
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
15 Public Meeting
North Visalia
Neighborhood
Committee April 12
Community Meeting with
North Visalia
Neighborhood Advisory
Committee to be held on
March 14, 2019 (during
30-day public noticing
period). Approximately 10
people were in attendance
including staff: No quorum
Comments included as
Attachment I. Noted no
emphasis on traffic
lighting, street
improvements and
safety to the oval area;
funding was not
included as a
recommended activity;
oval sidewalk not
considered; safety of
children including safe
routes to school are not
considered. Staff noted
that overall comments
are considered, and the
highest priorities are
included for
recommendation. Also
noted that funding for
this purpose is available
from other grant
programs.
Questions are
answered in as much
detail as possible. No
comment or question
is declined
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
16 Public Hearing
Minorities
Non-English
Speaking - Specify
other language:
Spanish
Non-
targeted/broad
community
City Council
All comments included in
the AD-25 citizen
participation - Attachment
A.
City Council approved
Option 1 activities,
including the CDBG
Minor Amendment J,
and as noted within the
Staff report. See
attached council report
of 4-15-19 Attachment
"H"
are answered in as
much detail as
possible. No comment
or question is declined
17 Newspaper Ad
Minorities
Non-English
Speaking - Specify
other language:
Spanish
Non-
targeted/broad
community
all residents of
Visalia
Public notice for 2019 AP
Amendment- CDBG-CV,
2019 CPP Amend, HOME &
CDBG Waivers; 2020 AP
Amend, 2020 CPP Amend,
in the Visalia Times Delta
(VTD) Legal section in
English and Spanish which
reaches approximately
7000 people/subscribers.
No comments were
referenced as being
received through the
newspaper. all
comments included in
the AD-25 citizen
participation -
attachments.
all comments
accepted. no
comments or question
is declined.
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
18 Internet Outreach
Minorities
Non-English
Speaking - Specify
other language:
Spanish
Non-
targeted/broad
community
email, tweet,
Facebook, city
website
Public notice for 2019 AP
Amendment- CDBG-CV,
2019 CPP Amend, HOME &
CDBG Waivers; 2020 AP
Amend, 2020 CPP Amend,
on the City website,
twitter, Instagram,
Facebook in English and
Spanish
all comments included
in the AD-25 citizen
participation -
attachments.
no comments or
question is declined.
19 Survey- CDBG -CV
Minorities
Non-English
Speaking - Specify
other language:
Spanish
Persons with
disabilities
Non-
targeted/broad
community
Survey - requesting
identified needs- eligible
uses of CDBG-CV. Included
notice regarding 2019 AP
Amend, 2019 CPP Amend,
HOME & CDBG Waivers;
2020 AP Amend, 2020 CPP
Amend, on the City
website, twitter,
Instagram, Facebook in
English and Spanish
resulted in 709
responses- all
comments included in
the AD-25 citizen
participation -
attachments.
no comments or
question is declined.
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
20 Public Hearing
Minorities
Non-English
Speaking - Specify
other language:
Spanish
Persons with
disabilities
Non-
targeted/broad
community
Public hearing for the
recommended eligible
uses of CDBG-CV. Included
2019 AP Amend, 2019 CPP
Amend, HOME & CDBG
Waivers; 2020 AP Amend,
2020 CPP Amend. Meeting
online Facebook, zoom,
and open to the public -
held at the convention
center as per 6 foot
distance requirements.
all comments included
in the AD-25 citizens
participation -
attachments - noted as
"Attachment B"
no comment or
question is declined.
21 Newspaper Ad
Non-
targeted/broad
community
Public notice for PY 2019
Visalia CARES Act
Substantial Amendment II
was published in the
Visalia Times Delta (VTD)
Legal section on October
1, 2020, in English and
Spanish which reaches
approximately 7000
people/subscribers.
All comments included
in the AD-25 citizen
participation -
Attachment A.
All comments were
accepted.
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
22 Kings/Tulare
Homeless Alliance
Listserv
Non-
targeted/broad
community
The COC reaches over 325
people posted on October
1, 2020, list serve,
Information survey for
input was sent to various
housing, faith based,
health, mental health,
victims of domestic
violence, homeless,
business, veterans,
children, education and
other services,
organizations locally,
regionally, including
county and city
All comments included
in the AD-25 citizen
participation -
Attachment A.
All comments were
accepted.
23 Internet Outreach
Non-
targeted/broad
community
Public notice for PY 2019
Visalia CARES Act
Substantial Amendment II
was posted on the City of
Visalia website from
October 1 - October 5,
2020, for public review
and comment.
All comments included
in the AD-25 citizen
participation -
Attachment A.
All comments were
accepted.
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
24 Community Survey
Non-English
Speaking - Specify
other language:
Spanish
Non-
targeted/broad
community
all Visalia residents
249 various individuals
completed a public input
community survey to
determine which CDBG-CV
eligible programs are most
needed.
The highest identified
need was rental
assistance at 33%,
business assistance at
22%, and food
assistance at 20%.
All comments were
accepted.
25 Public Meeting
Non-
targeted/broad
community
all Visalia residents
City Council Work Session
to received Council input
on the use of CDBG-CV
reallocation funds.
All comments included
in the AD-25 citizen
participation -
Attachment A.
All comments were
accepted.
26 Newspaper Ad
Non-English
Speaking - Specify
other language:
Spanish
Non-
targeted/broad
community
all Visalia residents
Public notice published in
the Visalia Times Delta
(VTD) legal section in
English and Spanish on
August 5, 2022.
All comments included
in the AD-25 citizen
participation -
Attachment A.
All comments were
accepted.
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2019
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
27 Kings Tulare
Homeless Alliance
Listserv
Non-
targeted/broad
community
The COC reaches over 325
people posted on August
9, 2022, listserv,
Information survey for
input was sent to various
housing, faith based,
health, mental health,
victims of domestic
violence, homeless,
business, veterans,
children, education and
other services,
organizations locally,
regionally, including
county and city.
All comments included
in the AD-25 citizen
participation -
Attachment A.
All comments were
accepted.
28 Internet Outreach
Non-
targeted/broad
community
Public notices were posted
on the City's social media
pages, website, and
various office locations.
All comments included
in the AD-25 citizen
participation -
Attachment A.
All comments were
accepted.
29 Public Hearing
Non-
targeted/broad
community
all Visalia residents
City Council Public Hearing
held on August 15, 2022.
All comments included
in the AD-25 citizen
participation -
Attachment A.
All comments were
accepted.
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Annual Action Plan
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Sort
Order
Mode of Outreach Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of commen
ts not accepted
and reasons
URL (If
applicable)
30 Newspaper Ad
Non-
targeted/board
community
Public notice published in
the Visalia Times Delta
(VTD) legal section in
English and Spanish on
3/15/24 and 3/29/24
To be added after
public comment period.
To be added after
public comment
period.
31 King/Tulare
Homeless Alliance
Listserv
Non-
targeted/board
community
KTHA listserv now reaches
over 400 individuals.
To be added after
public comment period.
To be added after
public comment
period.
32 Internet Outreach
Non-
targeted/board
community
Posted on all city social
media outlets.
To be added after
public comment period.
To be added after
public comment
period.
33 Public Hearing
Non-
targeted/board
community
City Council Public Hearing
to review CDBG CARES Act
Amendment IV held on
April 1, 2024.
To be added after
public comment period.
To be added after
public comment
period.
34 Public Meeting
Non-
targeted/board
community
Citizens Advisory
Committee meeting held
on April 3, 2024.
To be added after
public comment period.
To be added after
public comment
period.
35 Public Hearing
Non-
targeted/board
community
City Council Public Hearing
to adopt the CDBG CARES
Act Amendment IV held on
April 15, 2024.
To be added after
public comment period.
To be added after
public comment
period.
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
HOME funds would generally be used for multifamily new construction, scattered site acquisition/rehab of existing rental and ownership properties through the City’s certified Community Housing Development Organization (CHDO), down payment assistance and tenant-based rental assistance.
The CDBG activities identified for the same term are public improvements-ADA walkways, public improvements or facilities including acquisition and/or construction of homeless shelter, bridge housing, public services, including fair housing, a voucher program, case management and street outreach, code enforcement, and the owner-occupied emergency repair and accessibility program.
In FY 2019, Visalia will fund activities in furtherance of the objectives and priorities identified in the Strategic Plan with the outcome of improving availability, accessibility, affordability, and sustainability through activities which benefit the community. The activities will support at least one objective and one outcome.
For Fiscal Year (FY) 2019-2020, the City received total of $1,323,669, in CDBG grant funds, to allocate towards activities. The estimated CDBG Program Income (PI) to be received is $75,000.
The CDBG carryover balance, including PI approved through the previous year action plan and/or amendments is allocated toward existing projects. Any increase or decrease in the actual 2019 CDBG grant, and PI were noted to be directed toward the CDBG ADA projects and any necessary or applicable adjustment to the public service to comply with the 15% cap.
The City received a total of $529,332 in HOME grant funds eligible to allocate toward activities and estimates that it will receive $350,000 in HOME PI. The HOME carryover balance, including PI approved through the previous year AP and/or Amendments, will be allocated toward existing projects including SHE-CHDO Acq Rehab single and multi-family projects, Admin & TBRA. Any increase or decrease in the actual 2019 683
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HOME grant and PI were noted to be directed toward the HOME CHDO SHE Acq/Rehab SF/MF projects. The City Manager has the authority to direct any PI received in excess of $315,000 toward TBRA or SHE- CHDO.
In the event final CDBG and HOME PI is higher or lower than expected herein, the City of Visalia may add, subtract, or transfer amounts among identified projects, as noted without publishing a substantial amendment, if the amount is below 75% change, as per the approved CPP. By Council approving the proposed AP, it includes appropriating funding, and authorizing the City Manager to make necessary changes. Any difference (increase or decrease) in CDBG funding will be reflected in public infrastructure/ADA project line item; and used, if necessary, to maintain public services within the 15% cap. Any difference (increase or decrease) in HOME funding will be reflected in SHE CHDO Acq/Rehab/new construction/reconstruction SF or MF project activities and/or the TBRA program.
Currently, the City is not eligible to receive direct funding under the Emergency Solutions Grant (ESG) or Housing Opportunities for Persons with 684
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AIDS (HOPWA) – which are also programs covered under the ConPlan Regulations.
The City received CDBG-CV funds to be used to prevent, prepare for, and respond to the coronavirus pandemic.
Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
1,323,669 75,000 0 1,398,669 0 CDBG funds shall be used toward eligible projects and programs, such as housing,
public services, including case
management, street outreach, public
improvements, public facilities,
acquisition and/or construction, rehab,
ADA sidewalks, paths, neighborhood
preservation, Code Enforcement, and
administration. This is the last year of the
5-year plan. Actual grant and estimated
PI referenced herein
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Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily
rental new
construction
Multifamily
rental rehab
New
construction for
ownership
TBRA
529,332 350,000 0 879,332 0 HOME funds shall be used toward eligible housing projects and programs,
including CHDO activities (acq/rehab,
new construction, SFR/MF, TBRA, Down
Payment and Administration This is the
last year of the 5-year plan. Actual grant
and estimated PI referenced herein
Other public -
federal
Other 1,799,449 0 0 1,799,449 0 CDBG-CV funding to prevent, prepare for, and respond to coronavirus.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City continues to prioritize the needs of the community. This year, $30,575 in CDBG funding will be utilized as matching the Shelter Plus Grant (SPG) through The Alliance, and institutional delivery funds in partnership with Family Services toward the Voucher program. These funds continue to help up to 14 homeless families in the City. 686
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Code Enforcement staff anticipates working with non-profit agencies in outreach to the homeless in our community and addressing code violations such as substandard housing. The City also contributes CDBG funds toward the Alliance and promotes increased collaboration among housing, service and faith-based organizations.
Visalia’s HOME matching requirements will be satisfied again this year with the use of prior year rollover of Redevelopment Low Mod funding, now known as the Housing Asset Fund. Additionally, as HOME projects are completed, the specific projects, and match, will be referenced on the HOME Match Report within the CAPER. As reflected in the HOME Match report submitted with last year’s (2017) CAPER, the City has substantial excess match carried over to the next fiscal year ($5,347,241.88).
The City continues to partner with its local non-profit developers for affordable housing activities, which may provide sweat equity and non- federal resources.
Below is a list of potential financial resources considered a part of the City’s overall financial plan to address priority needs and specific objectives identified in the ConPlan. The number and availability of these programs to assist cities is limited, and funding for new projects is unpredictable. The following programs are local, state, and federal programs. None of these are managed locally by the City through funds accessed directly from HUD.
• Housing Authority of the County of Tulare (HACT): The HACT is a public housing authority (PHA) with jurisdiction within the City of Visalia and the County of Tulare. It administers federal and state funds for its public housing projects and government-assisted housing units such as the Section 8 Rent Subsidy.
• Low-Income Housing Tax Credit Program (LIHTC): The LIHTC program provides for federal and state tax credits for private developers and investors who agree to set aside all or an established percentage of their rental units for low-income households for no less than 30 years. Tax credits may also be utilized on rehabilitation projects, contributing to the preservation program. The program begins when developers and investors apply for an allocation of tax credits from the California Tax Credit Allocation Committee (CTCAC). Tax credits are awarded on a competitive basis at varying times. Compliance is monitored according to Internal Revenue Service (IRS) rules and regulations.
• Multi-Family Housing Program (MHP): If California’s Housing and Community Development Department awards Multi-Family Housing Program loans to assist rental housing developments affordable to low-income households in the City of Visalia, the City will assist the developers with identifying local funding. The City will also continue to look for other grant opportunities. 687
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan.
As the Housing Successor Agency of the former Redevelopment Agency (RDA), the City is working towards the development and disposition of the RDA’s low/mod properties. The City published a request for interest which resulted in a proposal from Self Help enterprises, for the development and disposition of these properties as single family homes, which will be sold to income qualifying households. The Use of HOME CHDO funding shall be utilized toward construction on NW 5th. The Housing Asset funding received shall also be utilized toward single and multi-family development.
With the elimination of the City's Redevelopment Agency (RDA), the City has become the Successor Agency and continues to move forward on the next steps related to previously owned RDA land.
Discussion
The City continues to manage funding and activities with its non-profit partners, including SHE, Inc., as a CHDO. With the rule change, each year's grant funds will be tracked by the year. PJ’s must commit the identified amount of funds (PI included first) in its local HOME account before committing the appropriated HOME grant. With the change of PI being required to be committed to a specific project at the time received, and drawn first, due to the success of recycling of HOME funds, and CDBG loan repayment, it continues to be a challenge to spend each year's entitlement funds fully, putting future funds in jeopardy. The City will continue, however, to work with its partners and successful projects to keep funding moving to improve areas of need.
PY19 CDBG-CV to prevent, prepare for, and respond to the coronavirus.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Affordable
Housing
2015 2020 Affordable
Housing
Visalia
2015 16 17
CDBG
Target Area
Affordable Housing HOME:
$791,398
Rental units constructed: 1
Household Housing Unit
Rental units rehabilitated: 1
Household Housing Unit
Direct Financial Assistance to
Homebuyers: 2 Households
Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
2 Suitable Living
Environment
2015 2020 Affordable
Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
Code
Enforcement
Visalia
2015 16 17
CDBG
Target Area
Affordable Housing
Public
Srv/Fclty/Imprvt,
Park
Imprvt,Nghbrhd
Presv
CDBG:
$1,117,055
HOME: $0
CDBG-CV:
$1,917,150
$1,898,987
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 24226 Persons Assisted
Public service activities other
than Low/Moderate Income
Housing Benefit: 535 Persons
Assisted
Public service activities for
Low/Moderate Income Housing
Benefit: 13 Households Assisted
Homeowner Housing
Rehabilitated: 2 Household
Housing Unit
Homelessness Prevention: 216
Persons Assisted
Housing for Homeless added: 1
Household Housing Unit
Housing Code
Enforcement/Foreclosed
Property Care: 200 Household
Housing Unit
Other: 38 Other
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
3 Program
administration,
planning and
management
2015 2020 Non-Housing
Community
Development
Administration,
Planning &
Management
Visalia Program
administration,
planning and
management
CDBG:
$121,478
HOME:
$87,933
CDBG-CV:
$42,436
$60,599
Other: 2 Other
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Affordable Housing
Goal
Description
Affordable Housing- Creation and preservation of decent affordable housing. Self Help Enterprises, Inc. (SHE) Certified Housing Development Organization (CHDO)
2 Goal Name Suitable Living Environment
Goal
Description
Suitable Living Environment through Public facilities (i.e. Public facility- Garden- Bridge housing); Public Improvements (i.e. ADA and Park Improvements); Public Services through Continuum of Care (Alliance), Family Services, Fair Housing programs and new experienced non-profit service providers; Emergency Repair Program, Code Enforcement efforts, and tenant based rental assistance, housing for homeless, and case management.
Public service activity includes PY2019 CARES Act- CDBG-CV funding toward public services to prevent, prepare for, and respond to coronavirus.
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3 Goal Name Program administration, planning and management Goal
Description
Program Administration, planning and management.
PY 2019 CDBG-CV - administration to prevent, prepare for, and respond to the coronavirus.
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Projects
AP-35 Projects – 91.220(d)
Introduction
The four Consolidated Plan goals below represent high priority needs for the City of Visalia (City) and serve as the basis for the strategic actions the City will use to meet these needs. Based on the Needs Assessment, Market Analysis, and community outreach conducted for the current Consolidated Plan cycle, the goals from the previous Consolidated Plan were found to still be consistent with current needs.
• Creation and preservation of decent affordable housing. • Provide a suitable living environment.
• Promote economic opportunity.
• Program administration, planning, and management.
Additional priority included through 2019 Amendment- Care Act- CDBG-CV funding, to prevent, prepare for, and respond to coronavirus.
Reasons for allocation priorities:
As opportunities arise, the City investigates grant opportunities, which assist in addressing the obstacles in meeting the needs of underserved populations. The City will continue focusing a portion of housing related funding in targeted low-income neighborhoods. However, based on the widespread need for affordable housing including at-risk of homelessness, assistance will be available citywide.
The City has provided HOME CHDO funds to Self-Help Enterprises, Inc. (SHE), the City’s Certified CHDO, for acquisition/rehabilitation Projects. The projects allow acquisition of voluntary or foreclosed, including vacant and infill, properties for single family homes, which will be rehabilitated and resold to income qualifying households, and acquisition, rehabilitation, and rental of multi-family units. SHE has been successful with both single and multifamily properties since 2015. Therefore, funding towards SHE, as a CHDO, will continue to assist with increasing homeownership, rental assistance, including housing for our homeless population, by creating and preserving affordable housing. SHE will be utilizing and recycling HOME dollars toward construction of five (5) single family homes on NW 5th. SHE will also continue to evaluate multi-family existing units and/or land for new construction. Multi-family properties would provide rental housing for low and very low-income tenants. SHE also partners with local non-profit service providers for tenants who are homeless or at-risk of homelessness.
See continued reasons below.
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Projects
# Project Name
1 HOME Administration & Planning
2 SHE-CHDO Scattered Site Acq-Rehab-Sell -Single Family 3 SHE-CHDO Multi Family Acq-Rehab-Rent
4 Tenant Based Rental Assistance (PI)
5 CDBG Administration & Planning
6 Case Management Street Outreach- FS
7 Emergency Repair & Accessible Program
8 Continuum of Care Support
9 Voucher Program- Family Services
10 ADA Compliance- Public Improvements
11 Public Infrastructure Improvements
12 Shelter
13 Park Improvements
14 Code Enforcement
15 Fair Housing Education
16 Homeless Bridge Housing Public Services
17 CARES Act- PY19 CDBG-CV Public Services
18 CARES Act CDBG-CV Administration
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs.
Continued Answer from above- Reasons:
The Tenant Based Rental Assistance (TBRA) program is contracted with Family Services of Tulare County. The HOME-TBRA Program provides rental assistance for a period of eighteen months (18) and allows extensions through a re-application process. No more than 24 months of assistance is allowed. We continue to anticipate assisting approximately 8 to 16 households with the previous year’s funding. We currently have five (5) participants, and additional applications under review. The program continues to prove successful with the potential for program income directed to this program. Supportive services will also be available to the tenants through Housing Successor funding. Annually Staff have evaluated the Fair Market Rent (FMR) and obtained an annual Rent Comparability Market Study (RCMS) for use as the Rent Standard. The TBRA program continues to utilize the RCMS as the Rent Standard.
The City also contracted with Family Services of Tulare County to provide case management/street outreach, with the use of CDBG funding. This program has been successful and will continue to provide needed services for our homeless population. Funding is recommended again this year to increase 694
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access to services for our homeless population.
The use of the remaining Neighborhood Stabilization Program (NSP) program income funding was recently redirected toward a Public Facility activity. Once underwriting of a project is completed, the City will move forward to finalize funding and agreements. The project funding may also include CDBG and other funding sources through the “Alliance”.
The City’s Analysis of Impediments to Fair Housing Choice (AI) provides an overview of laws, regulations, conditions, and other possible obstacles that affect an individuals or households’ access to housing in the City. The City has contracted with Fair Housing Council of Central California (FHCCC), a non-profit fair housing provider, for services related to education, research analysis and other services that may assist in educating the public. Educational workshops occur annually for Fair Housing and ADA accessibility.
FHCC will be conducting testing for the upcoming new Consolidated Plan and Analysis of Impediments in 2020.
CDBG Funding was previously directed toward the Senior Mobile Home Repair Program (SMHRP), therefore, this year, the Emergency Repair and Accessibility Program (ERAP) is recommended for funding. Policy development and an Administrator will be selected, thereafter, bringing the ERAP program online.
Additional ADA- Public improvement funding is needed to complete the current project. Other Public improvements include a public facility, infrastructure improvements toward an emergency shelter and/or bridge housing project for the homeless population. Improvements may include seed money or gap financing toward acquisition and/or construction, and/or rehabilitation. Other public Park improvements include security lighting in three eligible parks (Summers, Riverbend, Fairview; Summers Park Climbing Apparatus, Senior Center Shade Cover, Oval Bench and Walking Path, in order of available funding as referenced within the Council Approval on April 15, 2019.
Under the Care Act, CDBG-CV funding eligible uses - public services, to prevent, prepare for, and respond to coronavirus.
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AP-38 Project Summary
Project Summary Information
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1 Project Name HOME Administration & Planning
Target Area Visalia
Goals Supported Program administration, planning and management Needs Addressed Program administration, planning and management Funding HOME: $87,933
Description Planning, administration, management, monitoring, and oversight of HOME funds.
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Administration, planning and management of HOME funded projects and programs.
2 Project Name SHE-CHDO Scattered Site Acq-Rehab-Sell -Single Family Target Area Visalia
2015 16 17 CDBG Target Area
Goals Supported Affordable Housing
Suitable Living Environment
Needs Addressed Affordable Housing
Funding HOME: $79,400
Description The Community Housing Development Organization (CHDO) Scattered Site Acquisition, construction, Rehabilitation and Resale of Single-Family Property Program will be through the City’s certified Non-Profit, designated CHDO, currently Self-Help Enterprises (SHE)
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
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Planned Activities The CHDO Scattered Site, vacant, infill and reconstruction single family properties to be acquired, rehabilitated, and resold. Project will be through the City’s certified Non-Profit, designated CHDO, currently Self- Help Enterprise. SHE, as a CHDO shall acquire foreclosed and/or voluntary sale homes, vacant, infill and reconstruction properties in need of rehabilitation. They will then resell the property to income qualifying households at or below 80% of the area median income. As a CHDO acquired property, a second mortgage up to 10% of the total development cost may be provided to the borrower if they meet the qualifications. An affordability covenant shall be recorded against the property to maintain affordability and owner occupancy of each property up to 30 years.
3 Project Name SHE-CHDO Multi Family Acq-Rehab-Rent
Target Area Visalia
2015 16 17 CDBG Target Area
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding HOME: $711,999
Description The Community Housing Development Organization (CHDO) Scattered Multi-Family Acquisition, Rehabilitation and Rental Program will be through the City’s certified Non-Profit, designated CHDO, currently Self- Help Enterprise. SHE, as a CHDO.
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
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Planned Activities The Community Housing Development Organization (CHDO) Scattered, vacant, infill and/or reconstruction of Multi-Family properties for Acquisition, Rehabilitation and Rental Program will be through the City’s certified Non-Profit, designated CHDO, currently Self-Help Enterprise.
SHE, as a CHDO shall acquire foreclosed and /or voluntary sale, vacant, infill and reconstruction type existing multi-family rental properties in need of rehabilitation. They will then rent to income qualifying households as per the HOME regulations. An affordability covenant shall be recorded against the property to maintain affordability of each HOME Designated (funded) property unit(s) for up to 20 years.
4 Project Name Tenant Based Rental Assistance (PI)
Target Area Visalia
Goals Supported Affordable Housing
Suitable Living Environment
Needs Addressed Affordable Housing
Funding :
Description HOME funding is proposed to provide public services through rental payment assistance. This program is provided to the participants as a grant. TBRA Program is to provide secure, safe, decent, and sanitary short-to-medium term rental assistance to extremely low and very low- income persons or families (up to 60% area median income (AMI)) that are homeless, who meet the requirements of this program and tenant selection criteria.
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
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Planned Activities HOME funding PI by CM approval- if received option to add to TBRA or SHE CHDO above $315k. Provide rental payment assistance. This pilot program is proposed as a grant, to assist households at or below 60% of the area median income.
The TBRA program is focused on special purposes or specific housing needs of Visalia’s special need, homeless population as indicated within the Consolidated Plan. There is a limited amount of funding, which in turn allows only a limited number of eligible participants.
5 Project Name CDBG Administration & Planning
Target Area Visalia
Goals Supported Program administration, planning and management Needs Addressed Program administration, planning and management Funding CDBG: $121,478
Description Planning, administration, management, monitoring, and oversight of CDBG funds
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Administration, planning and management, including applicable non- profit/sub recipient administration costs
6 Project Name Case Management Street Outreach- FS
Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $35,000
Description Provide funding Family Services to provide case management and provide services special needs individuals.
Target Date 6/30/2020
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Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Case Management and Street outreach with support. 7 Project Name Emergency Repair & Accessible Program
Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $100,000
Description
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities To provide a forgivable loan toward scope of work to owner occupants, including disabled and seniors.
8 Project Name Continuum of Care Support
Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $18,000
Description The City has a partnership with Continuum of Care to support and address the issues of homelessness. Approximately 400 people assisted through the project homeless connect. Additional assistance throughout the year, canvasing the area of the population in need.
Target Date 6/30/2020
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Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities The City has a partnership with Continuum of Care to address issues of homelessness. The Continuum of Care is a consortium of housing providers, service providers and local governments that work together to end homelessness in Kings and Tulare counties. To strengthen its capacity, the continuum has a 501(c)3 status in order to competitively apply for foundation and corporate funding. The continuum is focused on public services which systematically implement systems and programs that will help support existing homeless organizations and offer the resources that are needed locally to be successful. 9 Project Name Voucher Program- Family Services
Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $30,575
Description CDBG funding is provided to support Family Services and the Tulare Housing First Program
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
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Planned Activities CDBG funding is provided to support Family Services and the Tulare Housing First Program. The program is structured to specifically serve the chronically homeless by providing Shelter Plus Care vouchers to assist a homeless family with housing expenses. The funding would continue to support a Case Manager to oversee the program, which includes mental, and health counseling, job search, and life skills training. Specific data will continue to be collected to reflect the outcome.
10 Project Name ADA Compliance- Public Improvements
Target Area Visalia
2015 16 17 CDBG Target Area
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $286,444
Description
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Public Improvements/ADA compliance projects; City Staff continues to work with the Disability Advocacy Committee, Engineering, City Council, and the public, to identify areas that need improvement in the CDBG Targeted area and other areas within city limits. Needs include areas with the lack of a safe walking path, curb cuts and truncated domes, and accessible water fountains. A list of locations is then evaluated for use of CDBG funding. Improvements may include accessibility improvements to the community park, with ADA accessibility needs and public buildings.
11 Project Name Public Infrastructure Improvements
Target Area Visalia
2015 16 17 CDBG Target Area
Goals Supported Suitable Living Environment
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Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $60,000
Description
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities City Staff continues to work with the Disability Advocacy Committee to identify areas that need improvement in the CDBG Targeted area and other areas within city limits which the public and DAC members have identified. Community members identify areas in need of accessibility and areas with the lack of a safe walking path, curb cuts and truncated domes. A list of locations is then evaluated for use of CDBG funding. Improvements may include accessibility improvements to community park and public buildings.
12 Project Name Shelter
Target Area Visalia
2015 16 17 CDBG Target Area
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $400,000
Description
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Public facility, acquisition and/or construction toward emergency shelter or bridge housing Acquire, rehab
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13 Project Name Park Improvements
Target Area 2015 16 17 CDBG Target Area
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $17,916
Description Public Park Improvements
Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Park security lighting in Riverbend, Summers, and Fairview Parks; apparatus in Summers park, Senior Center Shade Cover, Oval Park Bench and Walking Path (priority to be determined and based upon cost estimates)
14 Project Name Code Enforcement
Target Area 2015 16 17 CDBG Target Area
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $122,119
Description The Neighborhood Preservation-Code Enforcement Department is responsible for oversight of Code Staff. The primary emphasis of the program is on life safety non-compliance.
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
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Planned Activities The Neighborhood Preservation-Code Enforcement Department is responsible for oversight of Code Staff. The primary emphasis of the program is on life safety non-compliance. Considerable efforts are focused on the Health and Safety code enforcement as it primarily relates to housing standards. Some of the common violations include unsafe structures, abandoned properties, contaminated and/or unsecured swimming pools, construction without permits, and unlicensed vendors. Additional efforts have been made toward street outreach, working with local non-profit housing providers, working with the health and human services as well as other providers to assist the homeless in the community. This program year, the goal continues to be 200 code cases. CDBG funding is set aside for staff.
15 Project Name Fair Housing Education
Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $7,500
Description Provide fair housing educational services and assist to eligible residents who may be facing housing challenges.
Target Date 6/30/2020
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Grantees in the CDBG program have a responsibility to affirmatively further fair housing. This program will assist in providing fair housing education, training working with a professional, non-profit dedicated to providing services regarding housing discrimination, fair housing outreach/education, and tenant and landlord rights and
responsibilities. This is a public service program.
16 Project Name Homeless Bridge Housing Public Services Target Area Visalia
Goals Supported Suitable Living Environment
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Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $39,500
Description A new public service activity Garden Street-Bridge Housing Services Target Date
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
Planned Activities Provide funding toward new public service activities offered at the bridge housing project, allowing extensive wrap-around supportive services, including case management, mental health, substance abuse and other support services.
17 Project Name CARES Act- PY19 CDBG-CV Public Services Target Area Visalia
Goals Supported Suitable Living Environment
Needs Addressed Public Srv/Fclty/Imprvt, Park Imprvt,Nghbrhd Presv Funding CDBG: $160,137
CDBG-CV: $1,757,013 $1,738,850
Description CARES Act funding to prevent, prepare for, and respond to coronavirus.
Based on the eligible uses and need, the proposed use for the CDBG-CV funding is public service for food, rental/mortgage, and utility assistance to LMI Visalia households that have been directly impacted by the coronavirus pandemic.
Target Date 6/30/2022
Estimate the number
and type of families
that will benefit from
the proposed
activities
Estimated number of persons benefitting from the proposed activities:
Food assistance 300 LMI individuals
Rental/mortgage and/or utility assistance 320 LMI households Location Description Citywide
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Planned Activities CDBG-CV public service activities include:
Food assistance to LMI families impacted by the coronavirus pandemic.
Subsistence Payments including rental/mortgage and/or utility assistance to prevent eviction and/or cut of services due to the coronavirus pandemic.
CDBG-CV Reallocation project includes an emergency rental/mortgage assistance program to prevent eviction due to COVID-19. 18 Project Name CARES Act CDBG-CV Administration
Target Area Visalia
Goals Supported Program administration, planning and management Needs Addressed Program administration, planning and management Funding CDBG-CV: $42,436 $60,599
Description Administration of CDBG-CV CARES Act funding to prevent, prepare for, and respond to coronavirus.
Target Date 6/30/2022
Estimate the number
and type of families
that will benefit from
the proposed
activities
Administration of CDBG CARES Act (CDBG-CV) funding.
Location Description Citywide
Planned Activities Administration of CDBG-CV funding, to prevent, prepare for, and respond to coronavirus.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed.
The ConPlan does not specifically target areas, except to identify low/mod census tract areas for the use of funding for eligible projects/programs, such as Code Enforcement and Park/Public Improvements, which lie within such area.
The CDBG Target Map references all ConPlan years, including this 2019 program year. Attached is confirmation of the eligible census tracts. There are no additions or reductions of eligible tracts for this program year. Any notation to 2013 CDBG Target Areas, based on the initial submission with the 2015 ConPlan, shall now reflect the updated map, and applies to the 2015, 2016, 2017, 2018, and 2019.
Visalia Citywide: The City of Visalia (City) is located east of State Highway 99 and along State Highway 198, in the northwestern area of the County of Tulare (County) in the Central San Joaquin Valley of California. The City covers approximately 37.74 square miles and is surrounded by farmland, leading the agricultural industry to be its top economic driver. It is the largest city in the County and is currently home to approximately 136,000 residents.[1]
IDIS Low/Mod Census Tracts (eligible CDBG Target Areas) Low-Mod Income (LMI) concentration is defined as census tracts where at least 51% of the median household income is 80% or less than the jurisdiction as a whole. There are a total of seventeen (17) census blocks within nine (9) Tracks, identified meeting low/mod income areas. The City's CDBG Low/Mod areas (boundaries) are identified in Map 1 as census tracts and blocks portion of 900, 10.03.5;
10.04.1, 10.04.2, 10.04.3, 10.04.4; 11.00.1, 11.00.2, 11.00.3, 11.00.4; 13.01.2; 13.02.1; 17.01.1, 17.01.2;
18.00.1; 20.03.1; 20.08.1; and 20.09.3. More specifically Census tracts continued below in further detail:
Geographic Distribution
Target Area Percentage of Funds
Visalia 61
2013 CDBG Low Mod Areas
2015 16 17 CDBG Target Area 39
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically.
Continued CDBG Target Area Census Tracts: More specifically:
• Census Tract/block No. 900 bound by Plaza to Goshen to SE Plaza to Riggin to NE city limits at 709
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Riggin and American to NW city limits at Goshen and Camp Dr to the SW. • Census Tract/block No. 1003.5. bound by W Clinton Ave, E to N Giddings St, S to W Houston Ave, W to N Mooney Blvd, N to W Clinton Ave.
• Census Tract/block No. 1004.1. bound by W Riverway Ave, E to N Santa Fe St, S to E Ferguson Ave, W to N Bridge St, S to W Buena Vista Ave, W to N Encina St, S to W Vine St, W to N Dinuba Blvd.
• Census Tract/block No. 1004.2. bound by W Vine Ave, E to N Encina St, S to W Buena Vista Ave, E to N Bridge St, S to E Ferguson Ave, E to N Santa Fe St, S to W Houston Ave, W to N Dinuba Blvd, N to W Vine Ave.
• Census Tract/block No. 1004.3. bound by W Riggin Ave, E to N Dinuba Blvd, S to W Prospect Ave, W to N Conyer St, N to W Buena Vista Ave, W to N Giddings St, N to W Riggin Ave. • Census Tract/block No. 1004.4. bound by W Buena Vista Ave, E to N Conyer St, S to W Prospect Ave, E to N Dinuba Blvd, S to W Houston Ave, W to N Giddings St, N to W Buena Vista Ave. • Census Tract/block No. 1100.1. bound by E Houston Ave, E to Santa Fe St, S to NE 1st Ave, SW to N Court St, NW to NW1st Avenue, NW again to N West St, N back to Houston Ave. • Census Tract/block No. 1100.2. bound by NW1st Street, SE to N Court St, NE to NE1st St, NE to Santa Fe St, S to E Murray St, W to N Floral St, N to Grove St, W to N West St, N to NW1st St. • Census Tract/block No. 1100.3. bound by W Houston Ave, E to N West St, S to W Grove Ave, E to N Floral St, S to W Murray Ave, W on Goshen Ave, N to W Switzer Ave, W to N Rinaldi St, N to W Houston Ave.
• Census Tract/block No. 1100.4. bound by W Houston Ave, E to N Rinaldi St, S to W Switzer Ave, W on W Goshen Ave to N Mooney Blvd, N to W Houston Ave. • Census Tract/block No. 1301.2. bound by St Johns River, including properties on the north side of E St Johns Parkway, E to Ben Maddox Way, E on St Johns to McAuliff, S on McAuliff St to E Houston Ave, W on E Houston Ave, S on Ben Maddox Way, to St Johns River. • Census Tract/block No. 1302.1. bound by E Houston Ave, E to Ben Maddox Way, S to Mineral King Ave, W to Santa Fe St, N to Houston Ave.
• Census Tract/block No. 1701.1. bound by W Noble Ave, E to S Court St, S to W Tulare Ave, W to W Watson St, N to W Noble Ave.
• Census Tract/block No. 1701.2. bound by W Noble Ave, E to S Santa Fe St, S to E Tulare Ave, W to S Court St, N to W Noble Ave.
• Census Tract/block No. 1800.1. bound by W Noble Ave, E to S Watson St, S to W Tulare Ave, W to S Giddings St, N to W Noble Ave.
• Census Tract/block No. 2003.1. bound by W Walnut Ave, E to S Mooney Blvd, S to W Whitendale Ave, W to S County Center Dr, N to W Walnut Ave. • Census Tract/block No. 2008.1. bound by W Noble Ave, E to S Demaree St, S to W Tulare Ave, W to S Noyes Ct, N to W Laurel Ave, E to S Linwood St, N to W Noble Ave. • Census Tract/block No. 2009.3. bound by W Tulare Ave, E to S Demaree St, S to W Walnut Ave, 710
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W to S Linwood St, N to W Cambridge Ave, E to S Chinowth St, N to W Tulare Ave.
See Discussion below for Rationale.
Discussion
Entitlement dollars will be distributed citywide as eligible. However, CDBG funds will be utilized in CDBG Target areas for Code Enforcement and Park Improvements. A presumed Benefit project, such as an ADA walkway within a park or low mod residential areas in need of access, would be applicable. CDBG funding directed toward public services is a citywide public service benefit. Public Facilities are based upon CDBG requirements, such as area benefit, limited clientele, or income qualifications; Affordable housing will be citywide, which encompasses CDBG Target Areas. Other programs may benefit within the CDBG Target areas as well, however, are allowed citywide.
Map 1 CDBG Eligible Tracts, and Map 2, City of Visalia Minority Concentration is attached under Attachment B
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
HOME funding will continue to be directed toward the following HOME projects/programs:
• SHE CHDO projects CHDO existing Single Family unit acquisition, rehabilitation, resale, down payment/gap assistance SHE CHDO existing Multi-Family unit acquisition, rehabilitation, rent. • TBRA
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 4
Special-Needs 0
Total 4
Table 9 - One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 1
Rehab of Existing Units 2
Acquisition of Existing Units 1
Total 4
Table 10 - One Year Goals for Affordable Housing by Support Type
Discussion
Staff worked with its non-profit partner SHE to include additional types of acquisition, such as vacant, infill and reconstruction three years ago. As funding, through PI becomes available, it would be directed toward SHE CHDO Acq Rehab projects due to SHEs success and the housing needs of our community, including housing Visalia’s homeless or at-risk of homelessness population. It is anticipated that two (2) single family properties will be constructed upon the recently acquired properties (NW 5th). It is also anticipated that 1 rental multi-family property will be acquired, rehabilitated, and rented.
The TBRA Pilot Program provides rental assistance for a period of 18 months, however, will allow for extensions through a re-application process. No more than 24 months of assistance is allowed. We continue to utilize previous year’s funding to assist additional households. If the anticipated HOME PI received is above $315k, the City Manager will have the option to direct up to $30k to the TBRA or SHE CHDO. Supportive services will also be available to the tenants through Housing Successor funding. Annually Staff will evaluate the FMR and a Rent Market Study for use as the Rent Standard. 712
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AP-60 Public Housing – 91.220(h)
Introduction
The Public Housing Authority (PHA), specifically the Housing Authority of Tulare County (HATC) works closely with the City, Continuum of Care “Alliance” and the Homeless Resource Task Group. Actions planned by the PHA this year are referenced below.
Actions planned during the next year to address the needs to public housing.
The HATC indicated that they will continue to own and manage 179 units in the City of Visalia. They stated that there is no plan to purchase additional public-housing units, nor do they plan on removing any units from their inventory. Their current projection is for an investment of $375,500 in Capital Fund improvements during the 2019 – 2020 Fiscal Year. The noted expenditures will cover maintenance and rehabilitation in public-housing units within the City of Visalia. HATC's Capital Fund expenditures will cover a large range of projects, including roofing replacement, landscaping improvements, carpet replacement along with air conditioning and heating unit improvements.
Actions to encourage public housing residents to become more involved in management and participate in homeownership.
HATC is proactive in the inclusion of public-housing residents in the policy making process. HATC indicated that an equitable and transparent policy making process is one that includes the opinions of public housing residents and is achieved through the participation of two tenant commissioners on HATC’s Board. Furthermore, HATC has installed a Resident Counsel composed of five residents from HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8 Housing Choice Vouchers, and public housing). Their Resident Counsel works with HATC staff on evaluating the effectiveness and efficiency of HATC rental assistance programs. This provides members with the opportunity for input on necessary program modifications.
A vital driving factor in the implementation of HATC programs is the promotion of tenant self- sufficiency. Their agency views the goal of homeownership for program participants as one of the long- term goals for all their clients. HATC staff works with tenants to effectively provide them with the necessary resources to achieve homeownership. HATC’s Annual Re-Examination Notice provides public- housing participants with an extensive referral list that provides assistance with homeownership. Their list includes programs managed by: CSET, City of Visalia, Habitat for Humanity, CalHFA, and Self-Help Enterprises. HATC’s program coordinator works with any interested public housing tenant to effectively inform them of all the different programs that are available to them. Effective collaboration between their agency and other public and nonprofit agencies is imperative to help promote homeownership among all HATC’s tenants. Lastly, in 2019 HATC will be introducing a new online payment system which will allow public housing residents to utilize the rental payments made on time to increase their credit 713
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score and help them achieve homeownership.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance.
The HATC is a high performer and not determined to be troubled.
Discussion
See above.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
This section provides an overview of how the City will address the needs of homeless persons over the next year.
Describe the jurisdiction’s one-year goals and actions for reducing and ending homelessness including.
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City will continue targeted outreach efforts towards unsheltered homeless persons through collaborative efforts with the Alliance Housing Navigators, Kings View PATH Team, and Tulare County Mental Health Crisis Team. These organizations canvas the city to conduct outreach to people experiencing homelessness. When an unsheltered person is identified, they are assessed and connected to services. Client information is included in the local Homeless Management Information System (HMIS) so the outreach teams can remain apprised of client status on the housing priority list and other community referrals.
The City will also continue to support the Alliance’s outreach efforts to persons experiencing homelessness through the Project Homeless Connect (PHC) event in conjunction with the Point in Time (PIT) census. The one-day PIT survey provides a snapshot of the adults, children in households and unaccompanied youth living in the City of Visalia who meet HUD’s definition of homelessness. Information gathered through the PIT is used to understand the causes and trends over time of homelessness, as well as to determine the unmet shelter and service needs of the homeless.
PHC is a national best practice that is a one-stop-shop of comprehensive support services for people experiencing homelessness. Guests attending the event are partnered with volunteers who assist in identifying and accessing necessary resources. The 2020 event will be held on January 23, 2020.
Addressing the emergency shelter and transitional housing needs of homeless persons The City provided $10,000 of cash match for the operation of a warming center for the 2018/2019 winter season. Long-term plans are underway to develop a low-barrier emergency shelter that can house approximately 100 people. A committee has been formed and is meeting bi-weekly to identify a location, lead agency and funding sources. The goal is to have the emergency shelter operational within the next 12-24 months.
The City is also working with SHE and other community partners to develop a Bridge Housing program that will temporarily house people experiencing homelessness while their permanent housing unit is 715
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being identified. The project would house up to 22 clients.
Additionally, the City will continue to fund FSTC with CDBG public services funding. The primary focus of this public service- is so that FSTC staff may reach approximately 24 homeless people through street outreach efforts. The secondary focus of this public service funded activity will be providing approximately 14 people case management services that will enable them to be more self-sufficient in order to gain housing. FSTC seeks to identify at-risk and homeless clients who have not yet been linked to a formal support system in order to work with them on completing the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) assessment, assisting them with becoming “document ready” for potential housing opportunities (i.e. obtaining identification, homeless/disability certification), connecting them to critical supportive services such as mental health and substance abuse treatment, and providing linkages to immediate needs such as food, clothing, hygiene products, transportation assistance, emergency shelter and referrals to medical care. FSTC will also work with code enforcement, HOPE team, PATH team, and Housing Navigators to reach new clients and connect them to services. This would include any housing opportunities available, through other funding sources and grant opportunities.
The City will provide $18,000 in FY 19/20 to the Alliance for public services related to the Project Homeless Connect (PHC) /Point in Time (PIT) census.
Additionally, TBRA will continue to be used as a bridge to long term housing stability as much as possible by Family Services. The HOME funded TBRA Program in utilizing previous year funding provides rental assistance and security deposits which will assist approximately 16 households with existing funds. The rental assistance will be provided for a period of eighteen months (18), however, will allow for two – 3- month extensions through a re-application process. No more than 24 months of assistance is allowed under the HOME TBRA regulations. It is anticipated that during the period of assistance clients may receive support and services that will enable them to be more self-sufficient in housing when the assistance ends. The TBRA Program is prohibited from requiring participation in medical or disability- related services as a condition of receiving or continuing to receive HOME- TBRA. However, it is encouraged for each individual to have a strong connection with a support service provider, which may be offered as referenced under the HOME Regulations. The City previously allocated City Housing Asset funding which provides case management/supportive services, and street outreach.
Furthermore, the City continues their efforts, increasing the CDBG funds in total of $30,575, to Family Services as matching funds, for case management (public services) to support the Tulare Housing First Shelter Plus Care Program (Voucher Program). This program provides case management services to 14 people annually.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that 716
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individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of Visalia supports and collaborates with local service providers, through the Alliance, to assist homeless individuals and families. Funding priorities include supporting existing high performing housing first rapid rehousing and permanent supporting housing projects.
As previously mentioned, the City previously allocated HOME funded TBRA Program, to be utilized as rental assistance and security deposits which will assist approximately 16 households. The rental assistance will be provided for a period of 18 months, however, will allow extensions through a re- application process. No more than 24 months of assistance is allowed under the HOME TBRA regulations.
Furthermore, the City continues their efforts with the Family Services Voucher Program as matching funds, for case management (public services) to support the Tulare Housing First Shelter Plus Care project. This project provides case management services to 13 people annually.
The City plans on continuing the newly created Environmental Cleanup Opportunities (ECO) program, which is a partnership that includes the Tulare County Workforce Investment Board, Caltrans, and ABLE Industries. ECO provides employment opportunities for people experiencing homelessness. The project serves a cohort of 10 participants in a two-phase training opportunity. Through the project, participants are provided paid employment, on-the-job training, resume building, and employment search assistance. The goal of the project is to connect participants to permanent employment within the community.
The City also prioritizes housing opportunities, as appropriate, in new acquisition and rehab housing projects funded through HOME and other city-funding pools. Most recently, the City supported a 6-unit project. The project has a set-aside requirement for one of the units to exclusively serve persons experiencing homelessness. The first household will be placed into the project in mid-2019.
In all Continuum and City-funded projects, persons experiencing homelessness are assessed for housing opportunities and are prioritized based on their acuity. Several projects focus on sub-populations such as youth ages 18-24, veterans, and/or chronic homelessness. All projects within the Continuum- emergency, transitional and permanent housing- include supportive services for their clients. Each project designs and implements supportive services based on their target population and partnerships leveraged within the community. The overarching goal of the supportive services offered is to link individuals and/or families with mainstream benefits and income support, education and employment services, as well as health and life skills services. These linkages are a critical component to assisting 717
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clients in self-sufficiency, reducing episodes of homelessness, and preventing recidivism.
Projects that serve these vulnerable subpopulations include: CSET Permanent Supportive Housing and Rapid Rehousing, Family Services Permanent Supportive Housing and Transitional Housing, Turning Point and Tulare County HHSA provide PSH projects for chronically homeless individuals and families and/or families with children. The Veterans’ Administration, in conjunction with the Housing Authority of Tulare County, operates the Veterans Affairs Supportive Housing (VASH) project and Westcare operates the Supportive Services for Veteran Families (SSVF) project that serves eligible veterans and their families. Uplifting Families operates a Transitional Housing project for transitioning age youth.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The City recognizes that homeless prevention programs, employment opportunities and affordable housing are critical components in deterring homelessness. The City will support prevention efforts through its partnership with the Alliance. A Diversion Specialist position has recently been added to the Coordinated Entry System. This position will be responsible for developing and strengthening referral sources for people at risk of becoming homeless. Additionally, the Diversion Specialist will work with clients that are present at any of the Coordinated Entry points to assist in diverting clients from homelessness.
Another important component of prevention/diversion is assisting households with income supports and connections to mainstream benefits. The SSI/SSDI Outreach, Access, and Recovery (SOAR) model is designed to increase access to SSI/SSDI for eligible homeless adults who are and have a mental illness and/or a co-occurring substance use disorder. Staff from all CoC-funded agencies are required to assist clients in obtaining these mainstream benefits. Participation by these agencies provides an effective method of assisting households who may otherwise pursue homelessness assistance.
Discussion
City is not a recipient of HOPWA funding.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The City continues to be committed to removing barriers to affordable housing. City staff works with other departments and its non-governmental partners to coordinate efforts to eliminate barriers to affordable housing. Barriers to affordable housing include the following:
• Housing Affordability
• Housing Stock
• Policies and Programs
The efforts to eliminate each of these barriers to affordable housing share some common approaches and commitment of resources. However, the City also recognizes that each barrier has unique aspects which require more focused and specialized approaches to achieve effective and lasting solutions.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment.
As an integral component of its General Plan Housing Element Update, adopted and certified in December 2016, the City completed a critical analysis of its existing codes and policies to identify any existing codes or policies that directly or indirectly inhibit the City’s ability to facilitate affordable housing for all persons. As a result of this analysis, the City eliminated, amended, or incorporated 64 Housing Element Programs that are detailed in the Policy Document (Part 3) of the adopted Housing Element Update. Pursuant to the intent and process as stated in the Housing Element, and consistent with State Housing Law, the City has committed to completing all code revisions, program implementation actions and procedures to implement these Housing Programs. These Housing Element Programs are organized into nine Goals categories, as follows:
1. New Construction - To provide a broad range of housing types and densities to meet the needs of all Visalia residents.
2. Mixed Use, Infill, and Downtown Development - To promote mixed use, infill, and Downtown development in Visalia.
3. Encourage Affordable Housing - To encourage construction and maintenance of affordable housing in Visalia.
4. Foreclosures - To prevent foreclosures, protect affected families, and stabilize neighborhoods impacted by foreclosures.
5. Special Needs/Homeless- To provide a range of housing types and services to meet the needs of households with special needs within the city.
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6. Housing Rehabilitation Program - To create and maintain healthy neighborhoods by improving the condition of the existing housing stock and providing for a variety of housing types, sizes, price ranges, and densities compatible with the existing character and integrity of residential neighborhoods.
7. Equal Opportunity Housing and Discrimination Prevention - To provide decent housing and a quality of living environment for all Visalia residents regardless of age, religion, race, creed, gender, sexual orientation, marital status, ancestry, national origin, disability, economic level, and other arbitrary factors.
8. Energy Conservation - To encourage energy efficiency in all new and existing housing.
9. Implementation Monitoring - To ensure that Housing Element programs are implemented on a timely basis and the progress of each program is monitored and evaluated annually.
Discussion:
Specific Housing Element Programs that were adopted with the 2016 Housing Element Update that positively impact the City’s affordable and inclusive housing goals, and directly contribute to the goal of eliminating barriers to affordable housing are noted as follows:
• Affordable Housing Infill Incentive component to implement the City’s overall Infill Incentive Program – Increases the Traffic Impact Fee incentive from 50% to 60% in the City’s older “Core Area”, and from 33% to 43% throughout the remainder of the City for projects that include at least 20% Low-income category housing.
• The City has finalized an incentive marketing campaign. The materials promoting the City’s various affordable housing incentives have been distributed to housing development and service stakeholders and are posted on the City of Visalia’s website. • Encourage new mobile home parks - Increases densities to underlying zone district and reduces excessive setback and yard requirements.
• Streamline Special Needs Housing (transitional and supportive housing, employee housing) permit requirements - Eliminates the 6-person maximum threshold for facilities requiring a Conditional Use Permit (CUP).
• Eliminate the need for variance or exception where needed to accommodate reasonable accommodation for persons with disabilities.
• Amended Multi-family Residential Zones to allow multi-family dwellings up to 80 dwelling units per site to be permitted by right in the R-M-2 and RM- 3 Zones. This increases the threshold for multi-family project permitted by right from 60 units to 80 units. • Amended multi-family Conditional Uses section to allow structures up to four stories in the R-M- 3 Zone. This revision will increase the maximum multi-family structure building height in the R- M-3 Zone District by one additional story, as a means to increase densities on High Density Residential project sites.
• Added “Affordable Housing Development Incentives and Concessions to include waiver of CUP requirement for affordable housing projects with less than 80 units but still within 20 units per 720
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acre or greater in the Downtown Area. This would waive the CUP requirement for downtown affordable housing projects that are less than 80 units (but still within 20 units per acre or greater) when a CUP would otherwise be required.
• Added “Affordable Housing Development Incentives and Concessions” to include a reduction of parking requirements for downtown affordable housing projects with less than 80 units from 1.5 parking spaces per unit to 1 parking space per unit.
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AP-85 Other Actions – 91.220(k)
Introduction:
The City actions planned to address obstacles are referenced within the Analysis of Impediments to Fair Housing (AI) and listed herein. The table included under Section AD-26, as Appendicles No. 2.(for IDIS) and referenced herein below is included in the Analysis of Impediments to Fair Housing (AI) and represents the ongoing recommendations from the 2010 AI, to reduce impediments to fair housing choice.
Actions planned to address obstacles to meeting underserved needs.
The table reflects the Action and Goals, such as:
• Goal 1: Expanding Affordable Housing Opportunities
• Housing Partnerships
• Affordable Housing Resources
• Housing Choice for Special Populations
• Goal 2: Expanding Access to Financing
• Outreach to Lenders
• Education and Resources
• Unfair Lending and Insurance Practices
• Goal 3: Fair Housing Services
• Apartment Owners/Managers
• Fair Housing Testing and Audits
• Reasonable Accommodations
• Goal 4: Affirmatively Furthering Fair Housing in the City of Visalia Actions planned to foster and maintain affordable housing.
The City will continue to work closely with non-profit housing and service providers to collaborate on improving the awareness and expansion of available resources to address the needs of the homeless population.
Staff has addressed the affordable housing programs for this program year throughout this report.
Please refer to sections AP-20, AP 35, AP-38, and AP-55.
Actions planned to reduce lead-based paint hazards.
The Tulare County Health and Human Services Agency, Childhood Lead Poisoning Prevention Program 722
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provides educational information.
For all of the City’s housing programs, applicants are informed of the danger of lead-based paint through a brochure as part of the application process. In addition, City building inspectors and Code Enforcement staff are alerted to signs of this hazard as they perform their substandard housing inspections. All housing owners and occupants with which the City interacts through its various programs are required to abate this hazard as a condition of assistance from the City.
According to 2011-2015 ACS 5-year estimates, 39% of owner-occupied housing units, and 50.8% of renter occupied housing units were built before 1980 in the City. The use of lead-based paint was banned nationwide in 1970. It is estimated that 42 percent of the City’s housing stock contains lead- based paint. As units continue to be repaired, rehabilitated, or replace, no lead-based paint has been used since 1978.
The City also requires its subrecipients and/developers to conduct lead testing on pre-1978 homes and multi-family units purchased and/or rehabilitated through its affordable housing programs. They are to use safe practices and obtain certification through a HUD-certified lead testing agency.
Actions planned to reduce the number of poverty-level families.
The City works with Family Services through the Voucher Program to reduce the number of poverty- level families. The City will also continue to provide its non-profit partners with funding to acquire, rehabilitate, and sell homes to income-qualifying households at or below 80% AMI.
Additionally, the City has made a commitment to improve the communication and service delivery capabilities of agencies and organizations that provide programs to assist the homeless. Specifically, Staff participates in the monthly Continuum of Care (Alliance) meeting, and various homeless task groups to identify funding and opportunities to provide Visalia’s homeless population with housing and service opportunities.
The City will also continue to partner with organizations to provide services and address the full range of needs of LMI families. Although there are coordinated programs and services to reduce poverty, it is recognized that many unmet needs will remain. The City will continue to work with its partners to identify and work toward meeting those needs by strategically focusing its resources and efforts.
Actions planned to develop institutional structure.
The City is a charter city and is managed under a Council-manager form of government. City Council provides policy direction to the City Manager who is responsible for administering City operations. City Council members are the leaders and policymakers elected to represent the community and concentrate on policy that addresses the citizens’ needs and wishes. The City Manager is appointed by the City Council to carry out policy and ensure that the entire community is served. The legislative body 723
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is the City Council and City Councilmembers are the community’s decision makers. Visalia voters elect a 5-member Council to serve as the City's legislative and governing body. The members represent the City and their respective Districts, serve four-year terms and they select one member to serve as mayor and one to serve as vice-mayor. A general municipal election is held every two years in November, alternating between two and three positions each cycle.
The Finance Department, Housing Division oversees and administers the day-to-day activities of the CDBG, NSP1, HOME and other state and federal funded programs. Staff works together with various City departments to develop programs and activities that improve low-and moderate-income neighborhoods throughout the City. The administration of program activities includes housing, public services, public facility, park and infrastructure improvements, and economic development activities.
Interdepartmental communication and collaboration are two strengths of the delivery system. City staff from various departments work with local organizations and agencies that assist low-income households and individuals. High priority needs were identified during the Consolidated Plan’s community engagement and public review periods.
During the Consolidated Plan public review period, these priorities were established. Additionally, input is received by the community, various committees, and City Council during the feedback period in developing the annual plan. The Annual Action Plan is designed to address the needs and priorities identified within the ConPlan and direct limited funding available toward the highest needs.
Actions planned to enhance coordination between public and private housing and social service agencies.
The City continues to hold community meetings to enhance coordination between housing providers, government agencies, mental health, and other key stakeholders in the City. The purpose of these ongoing meetings is to establish a network of agencies to enhance the delivery of services to the homeless, disabled individuals and families, and others seeking services.
Ongoing meetings are held with various community and task groups to continue the discussions of homeless needs, including an emergency shelter, case management, affordable housing, available rental units and increased partnerships and the creation of job opportunities. These are efforts that are being continued to enhance coordination and work with the Housing Authority of Tulare County, Alliance, Kaweah Delta District Hospital, Family Health Care Network, CSET, Self Help Enterprises, Family Services of Tulare County, Tulare County Health and Human Services, Visalia Rescue Mission, Tulare County Work Force Investment Board, City Manager, City Assistant Manager, Finance, including Housing and Code Enforcement and City Police Chief and officers assigned to assisting with homeless efforts, so that we may work together to identify services, housing and other needs. City representatives are also part of the Tulare County Task Force on Homelessness. This is a countywide effort to address the needs of our 724
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homeless population, city and countywide.
The City will continue to participate in Alliance meetings, which are attended by various governmental departments and service providers to share information on existing programs and areas for improvement to enhance coordination and exchange knowledge of best practices to better understand and address the community’s needs.
Discussion:
see above.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
In the event final CDBG and HOME program entitlement and program income is higher or lower than expected herein, the City of Visalia may add, subtract, or transfer amounts among identified projects, as noted without publishing a substantial amendment, if the amount is below 75 % change, as per the approved Citizens Participation Plan. Any difference in CDBG funding will be reflected in public infrastructure/ADA project line item and, if needed, Public services to maintain compliance with the 15% cap and Administration; any difference in HOME funding will be reflected in SHE CHDO Acq/Rehab/construct or reconstruct SF or MF projects, TBRA and if needed Administration.
The three-year period (2017, 2018 & 2019) is used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 75,000
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 75,000
Other CDBG Requirements
1. The amount of urgent need activities 0
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2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:
No other form of investment shall be used beyond those identified in Section 92.205.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
As it relates to the HOME funded Programs, all beneficiaries are owner occupants.
First Time Homebuyer (FTHB), funds shall be provided as a Direct HOME subsidy- gap financing, as a second mortgage to households at or below 80% of the area median income. The property will maintain an affordability covenant as referenced under 24 CFR 92.254 (a) (4). The covenant shall remain for five (5) years when less than $15,000 is provided in gap financing Direct Subsidy to the homebuyer and shall be for a ten (10) year period when more than $15,000 up to $40,000 is provided in gap financing Direct Subsidy to the homebuyer. The “Owners Participation Agreement” (Covenant) shall begin the date the Deed of Trust is recorded. The Provision for the FTHB Program shall be “Recapture Provision” as per 24 CFR 92.254 (a) (5) (ii) (A) (1). The City may recapture the entire amount of the direct HOME assistance from the homeowner. The amount to be recaptured will not exceed the amount of net proceeds available at the time the home is sold. HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).
The SHE-CHDO Program utilizes the “Recapture Provision”. HOME funds are invested in the acquisition, rehabilitation, and/or new construction/reconstruction and Direct Subsidy shall be up to 10% of the total HOME investment (i.e. $280,000 acq/rehab cost X 10% = $28,000 Direct Subsidy to homebuyer), which shall be provided as a Second Mortgage to the qualifying new homebuyer. If the 727
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property is sold below fair market value, the difference between the fair market value and the purchase price is considered to be part of the HOME subsidy and provided directly to the homebuyer as a direct subsidy. And any additional subsidy provided to the homebuyer to enable them to purchase the property, which includes down payment assistance, closing costs, interest subsidies, or other HOME assistance including any assistance that reduced the purchase price from fair market value to an affordable price, shall be recaptured.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
See Recapture provisions Question 2 above for additional information.
The Provision for the FTHB Program shall be “Recapture Provision” as per 24 CFR 92.254 (a) (5) (ii) (A) (1). The City may recapture the entire amount of the direct HOME assistance from the homeowner. The amount to be recaptured will not exceed the amount of net proceeds available at the time the home is sold. HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).
A 30- year covenant shall be recorded to maintain affordability. The SHE-CHDO Program covenant shall use the “Recapture Provision”, as referenced under 24, CFR 92.254 (a) (5) (ii) (A) (1) and shall begin the date the Deed of Trust is recorded. In the case of the homebuyer selling the home during the affordability period, the City may recapture the entire amount of the direct HOME Subsidy and the difference between the fair market value and the purchase price, if the purchase price is below the fair market value, and any additional assistance as referenced above. The amount to be recaptured will not exceed the amount of net proceeds available at the time the home is sold.
HOME rule limits recapture to available net proceeds, therefore, if net proceeds are insufficient for the city to recapture the full amount of the Direct HOME assistance, the City will recapture only what is available from net proceeds. This applies regardless of the nature of the sale (voluntary sales including short sales, and involuntary sales including foreclosures).
Note: Staff works with the City Attorney in updating legal documents to comply with the funding source and type of program(s) administered.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
Not applicable
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5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).
6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)).
7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR
92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).
The FTHB, SHE-CHDO Program loan documents were reviewed in 2017 by HUD. No changes have been made to these policies. However, if HUD requests a copy for review, City Staff will again provide documents if required prior to implementing the program.
And See discussion above.
729
1 2024 Annual
Action Plan
and
2019 CDBG-CV
Amendment IV
CITY COUNCIL
MEETING
APRIL 15, 2024
730
Funding
Process
2 Amendments
Appropriate unspent funds or additional funds
received.
Annual
Action Plan
Implements ConPlan approved activities and
projects.
Awards contracts to do as approved in
ConPlan.
5-Year
ConPlan
Establishes activities and project goals.
731
30-Day Public Comment Period
March 15 – April 15
3 4/1 – COUNCIL REVIEW
& 1ST PUBLIC HEARING
4/3 – CITIZEN
ADVISORY COMMITTEE
4/15 – 2ND PUBLIC
HEARING & ADOPTION
732
2024
CDBG
Projected
Resources
4 Table 1: 2024 CDBG Resources
Resources Amount
2024 Annual Allocation $ 1,200,000
2024 Program Income 100,000
Total 2024 CDBG Resources $ 1,300,000
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5 2024 CDBG Proposed Funding
Table 2: 2024 CDBG Proposed Funding
Grant Administration $ 260,000
Kings Tulare Homeless Alliance - Continuum of Care(CoC) Point-In-Time Count 20,000 Kings View PATH Program - Housing Flex Funds 20,000
Family Services of Tulare County - Permanent Supportive Housing (PSH) Match 50,000 Elevate Community Services - Permanent Supportive Housing (PSH) Match 25,000 Self-Help Enterprises - Eden House Transitional Bridge Housing 125,000 Habitat for Humanity - Emergency Repair and ADA Program 50,000 Self-Help Enterprises - Senior Mobile Home Repair Program 75,000 Code Enforcement Services - Low-Moderate Income Target Areas 175,000 Park Improvements - Lincoln Oval Park Fence and Lighting Improvements 50,000 ADA Compliance Projects - ADA Tree Wells Project CP0618* 450,000 Total 2024 CDBG Expenditures $ 1,300,000
734
2024
HOME
Projected
Resources
6 Table 3: 2024 HOME Resources
Resources Amount
2024 Annual Grant Allocation $ 540,000
2024 Program Income 100,000
Prior Year Resources 425,000
Total 2024 HOME Resources $ 1,065,000
735
2024
HOME
Proposed
Funding
7 Table 4: 2024 HOME Proposed Funding
HOME Administration $ 64,000
HOME-CHDO Rancho Colegio* 1,001,000
Total 2024 HOME Expenditures $1,065,000
736
HOME-CHDO Project
Rancho Colegio
8 80-Unit Multifamily Complex
Households at or below 50%
Area Median Income (AMI)
1-, 2-, & 3-Bedroom Units
11-HOME Assisted Units
20-Farmworker Units
55-Year Affordability Covenant
737
9 2019 CARES Act (CDBG-CV)
Action Plan Amendment IV
Table 5: CDBG-CV Reallocation Rental/Mortgage Program
Funding:
Activity Amount
CDBG-CV Reallocation Funding $ 291,599.00
CV RE Rental/Mortgage Program Expenses 273,435.94
Remaining CDBG-CV RE Funds $ 18,163.06
Performance:
Activity Households
Rental Assistance 95
Mortgage Assistance 16
Total Households Assisted 111
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10 2019 CDBG-CV Action Plan
Amendment IV
Table 6: 2019 CDBG-CV Action Plan Amendment IV
Activity Approved Adjustments Proposed
CDBG-CV RE Rental/Mortgage $ 291,599 $ (18,163) $ 273,436 CDBG-CV RE Administration - 18,163 18,163
Total CDBG-CV Reallocation $ 291,599 $ - $ 291,599 739
11 Action Tonight
Staff Recommends
Conduct a 2nd Public Hearing.
Motion to approve and appropriate funds for:
2024 Annual Action Plan
2019 CDBG-CV Action Plan Amend IV
Motion to enter all contracts as listed in the 2024 Action Plan. Authorize submission to HUD.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0100 Agenda Date: 4/15/2024 Agenda #: 1.
Agenda Item Wording:
Thursday, April 18, 2024 at 6:00 p.m. - Special Meeting COV/VUSD/COS Tuesday, April 23, 2024 at 5:15 p.m. @ 707. W. Acequia - Special Meeting Monday, May 6, 2024 at 7:00 p.m. @ 707 W. Acequia
Monday, May 20, 2024 at 7:00 p.m. @ 707 W. Acequia
Note: Meeting dates/times are subject to change, check posted agenda for correct details. In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings email: [email protected] <mailto:[email protected]> or call 713 -4512.
Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
Visalia City Council Printed on 4/12/2024Page 1 of 1
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