Visalia City Council
June 3, 2024

Full Payment Discount Full Amount 5% 5%
Note:
- Normal Agency (15%) discount.

CNG Fuel
EV Chargers
The charge fee per KWH is based on actual cost plus $0.25, to help recover costs. - Non-profit organizations, governmental agencies, and education can also purchase, on a space available basis only, advertising space at 10% off the standard rate schedule.

The public price per GGE is based on actual cost or the California state average price of Trillium stations (minus $0.25), whichever is higher.
587
Proposed Rates & Fees
FY 2024-25
June 3, 2024
Work Session
588
Tonight’s Discussion
• Review FY 2024-25 Proposed Rates & Fees
• No Action Required Tonight
• Council to provide comments and direction
Any of Council’s concerns or questions from
tonight will be brought back for the Public
Hearing on June 17, 2024.
589
Purpose of Fees
Annual
inflationary
adjustments
help
departments and
capital projects
cover costs.
1 Fees encourage
the appropriate
use of services.
2 Fees are limited
to the actual
cost of services.
3 590
Fee Reviews & Recommendations
Planning Fees
April 8, 2024-recommended
Planning Commission
Parks & Recreation Fees
April 9, 2024-recommended
May 14, 2024-recommended
Parks & Recreation Commission
Transit Fees
April 17, 2024-recommended
Transit Advisory Committee
Sub-Committee Meeting-All Fees
May 23, 2024-recommended
Full Committee-All Fees
June 5, 2024-TBD
Citizens Advisory
Committee
591
Why Fees Change
• Ordinance fees and fees set by other
Governmental Agencies
• Fees for Contracted Services
• Fees may increase or decrease with realignment
to the costs of services
592
Proposed Inflationary Rates
All fees increasing by their respective index only will not be discussed tonight. They are presented in the Proposed Rates & Fees document.

CPI Time Period Rate Effetive Date FY 24-25 Rate Fee
C.C.P.I. - U.

Jan. - Dec. 2023 Jul 1, 2024 3.94% All Other Fees
E.N.R.C.C.I.

May 2023 - Apr. 2024 Aug 17, 2024 6.07% Impact Fees
U.S.C.P.I. - U.

Jan. - Dec. 2023 4.12%
Jan. - Dec. 2022 8.00%
Jan. - Dec. 2021 4.70%
Three Year Average Jul 1, 2024 5.61% Business Tax Fees
593
Types of Fee Changes for Discussion
• New Fees
• Brand new for Fiscal Year 2024-25.
• Fee Increases Exceeding the CPI
• Increases not required by ordinance that exceed the CPI. • Adjusted Fees
• Fees adjusted by less than the allowable CPI, fees that have been reduced to better reflect the cost of service or have increased due to Salary & Benefit or contractual changes. • Existing Fees-Not Previously Listed
• Fees that were approved by Council mid-year and are now included in the Document.
• Deleted Fees
• Fees no longer charged and not needed in the Document. 594
New Fees
Enterprise Fees - Animal Services
Miscellaneous FY 24-25
Engraved Dog Tag $ 8.00
Adoptions FY 24-25
Rabbit/Large Reptile $ 15.00
Guinea Pig $ 10.00
Small Mammal/Reptile $ 5.00
Bird $ 10.00
Livestock $ 100.00
595
New Fees
Enterprise Fees - Building Safety
Plan Check FeeInspection Fee Total Fee
Photovoltaic System - set by Assembly Bill AS1414 FY 24-25 FY 24-25 FY 24-25 Residential 1-15 kilowatts using SolarApp+ - per Senate Bill SB379 Each $ 75.00 $ 300.00 $ 375.00 Residential for each kilowatt above 15 kw Per Kilowatt $ 15.00 $ 15.00 EV Charger Systems
Commercial - Each Charger Greater than 6 Chargers Per Charger $ 61.00 $ 78.00 $ 139.00 Enterprise Fees - Transit
TPASS FY 24-25
Discounted General 31 Day Pass - ADA Certified/Senior/Disabled/Military Per Pass $ 35.00 596
Fees Increasing Exceeding CPI
Business Tax - General Fund
Fixed Businesses FY 23-24 FY 24-25
Professionals $ 266.00 $ 281.00
Per individual professional participating within the entity, max annual business tax Manufacturers/Wholesale $ 1,135.00 $ 1,199.00
Per entity, max annual business tax
Delivery (and Pick Up) Vehicles
Delivery (and Pick Up) Vehicles $ 170.00 $ 180.00
Per vehicle, per year - for the first vehicle
Temporary, Itinerant, or Special Businesses
Special Event - Including Carnivals & Circuses Per Day $ 319.00 $ 337.00 Temporary, Itinerant, or Special Businesses Per Month $ 319.00 $ 337.00 Neighborhood Preservation - General Fund
FY 23-24 FY 24-25
Special Events Application Fee Per Event $ 64.00 $ 93.00 597
Fees Increasing Exceeding CPI
Parks & Recreation - General Fund - Indoor Facilities
Facility Room Private
Non-Profit
-20%
Commercial
+20% Private
Non-Profit
-20%
Commercial
+20%
Room A $26.00 $ 21.00 $ 31.00 $33.00 $ 26.50 $ 39.50
Dance Room $23.50 $ 19.00 $ 28.00 $26.00 $ 21.00 $ 31.00 345 N. Jacob St. Main Room $78.50 $ 63.00 $ 94.00 $89.00 $ 71.00 $ 107.00 Gymnasium $66.00 $ 53.00 $ 79.00 $89.00 $ 71.00 $ 107.00 Courtyard $21.25 $ 17.00 $ 25.50 $29.00 $ 23.00 $ 35.00 Gymnasium $66.00 $ 53.00 $ 79.00 $89.00 $ 71.00 $ 107.00 Dance Room $22.25 $ 18.00 $ 26.50 $24.50 $ 19.50 $ 29.50 247 W. Ferguson Craft Room $22.25 $ 18.00 $ 26.50 $28.00 $ 22.50 $ 33.50 Visalia Senior Center Craft Room $26.00 $ 21.00 $ 31.00 $30.00 $ 24.00 $ 36.00 310 N. Locust Patio $12.50 $ 10.00 $ 15.00 $18.00 $ 14.50 $ 21.50 Rate Per Hour
FY 23-24 FY 24-25
Manuel F.

Hernandez Center
Anthony Community
Center
Rate Per Hour
598
Fees Increasing Exceeding CPI
Parks & Recreation - General Fund - Park Athletic Courts Park Athletic Courts FY 23-24 FY 24-25
Tennis Courts $ 5.00 $ 6.00
Pickleball Courts $ 5.00 $ 6.00
Outdoor Basketball $ 5.00 $ 6.00
Outdoor Volleyball $ 5.00 $ 6.00
Horseshoe Pit $ 15.00 $ 16.00
Rate Per Hour Per Court
Rate Per Hour Per Court
Rate Per Hour Per Court
Rate Per Hour Per Court
Rate Per Pit Per Day
599
Fees Increasing Exceeding CPI
Parks & Recreation - General Fund - Pool Rentals
Pool Rentals
2 Hour Minimum Rental; $100 Deposit FY 23-24 FY 24-25 FY 23-24 FY 24-25 Amount of Guests
1-25 people $ 156.00 $ 250.00 $ 70.00 $ 100.00
26-60 people $ 201.00 $ 295.00 $ 89.00 $ 125.00
61-100 people $ 246.00 $ 340.00 $ 112.00 $ 150.00
101-150 people $ 290.00 $ 385.00 $ 134.00 $ 175.00
151-200 people $ 335.00 $ 430.00 $ 156.00 $ 200.00
201+ people $ 380.00 $ 475.00 $ 178.00 $ 225.00
Fire - General Fund
FY 23-24 FY 24-25
Engine/Pumper (FEMA Schedule) Per Hour $ 82.24 $ 100.49 Fire Truck/75 Foot Aerial Ladder (FEMA Schedule) Per Hour $ 122.69 $ 149.92 Fire Truck/100 Foot Aerial Ladder (FEMA Schedule) Per Hour $ 180.49 $ 200.55 Cost for First Two Hours Cost Per Additional Hour
600
Fees Increasing Exceeding CPI
Sidewalk and Drive Approach Improvements - General Fund FY 23-24 FY 24-25
Barrier Curb & Gutter Type A2-6 Per Linear Foot $ 127.31 $ 150.00 Barrier Curb & Gutter (Infill & Replacement Only) Per Linear Foot $ 123.81 $ 150.00 Roll Type Curb & Gutter (Infill & Replacement Only) Per Linear Foot $ 124.86 $ 190.00 Median Curb Type B1-6, Retaining Curb & Landscaping Curb Per Linear Foot $ 144.70 $ 225.00 Sidewalk - Residential with Parkway Per Square Foot $ 30.16 $ 65.00 Sidewalk - Residential Adjacent to Curb Per Square Foot $ 35.73 $ 65.00 Sidewalk - Office/Commercial Per Square Foot $ 40.29 $ 70.00 20' Radius Curb Return with Sidewalk Connection - Detail 1 Per Lump Sum $ 4,357.34 $11,000.00 20' Radius Curb Return with Sidewalk Connection - Detail 2 Per Lump Sum $ 4,434.39 $11,000.00 20' Radius Curb Return with Sidewalk Connection - Detail 3 Per Lump Sum $ 4,434.39 $11,000.00 30' Radius Curb Return with Sidewalk Connection Per Lump Sum $ 4,784.66 $11,450.00 35' Radius Curb Return with Sidewalk Connection - Detail 1 Per Lump Sum $ 5,503.41 $12,350.00 35' Radius Curb Return with Sidewalk Connection - Detail 2 Per Lump Sum $ 5,503.41 $12,350.00 Grind Concrete Sidewalk on Curb Per Linear Foot $ 30.18 $ 75.00 Residential Drive Approach Per Square Foot $ 19.30 $ 32.00 Multi-Family Residential/Office/Commercial Drive Approach Per Square Foot $ 17.99 $ 36.00 Office/Commercial Drive Approach (Alternative-with Curb Return) Per Square Foot $ 24.67 $ 50.00 Major Commercial Drive Approach 35' Radius Curb Return Per Square Foot $ 12.22 $ 35.00 Major Commercial Drive Approach 35' Radius Curb Return Alternative Per Square Foot $ 10.11 $ 35.00 Major Commercial Drive Approach 20' Radius Curb Return Per Square Foot $ 13.58 $ 35.00 Major Commercial Drive Approach 20' Radius Curb Return Alternative Per Square Foot $ 12.83 $ 40.00 601
Fees Increasing Exceeding CPI
Enterprise Fees - Airport
FY 23-24 FY 24-25
Heavy Appliance Electricity Surcharge Per Month $ 45.00 $ 47.00 Enterprise Fees - Solid Waste
Replacement of Damaged/Burnt Cans/Bins FY 23-24 FY 24-25 1 Yard Bin * Per Container $ 827.00 $ 969.74
2 Yard Bin * Per Container $ 823.00 $ 984.74
3 Yard Bin * Per Container $ 947.00 $ 1,105.74
4 Yard Bin * Per Container $ 1,120.00 $ 1,278.74
6 Yard Bin * Per Container $ 1,542.00 $ 1,789.74
30 Yard Bin * Per Container $ 7,466.00 $ 8,465.74
*Actual replacement cost to City
602
Adjusted Fees
Parks & Recreation - General Fund - Picnic Areas
Park Name Capacity Private
Non-Profit
-20%
Commercial
+20% Capacity Private
Non-Profit
-20%
Commercial
+20%
Alejandro Ruiz Area #1 40 $ 29.00 $ 23.00 $ 34.00 32 $ 26.00 $ 21.00 $ 31.00 Area #2 40 $ 29.00 $ 23.00 $ 34.00 32 $ 26.00 $ 21.00 $ 31.00 Blain Area #1 80 $ 83.00 $ 67.00 $ 100.00 40 $ 64.00 $ 51.00 $ 77.00 Area #3 60 $ 60.00 $ 48.00 $ 72.00 32 $ 48.00 $ 38.00 $ 58.00 Area #4 80 $ 83.00 $ 67.00 $ 100.00 49 $ 70.00 $ 56.00 $ 84.00 Cherry Meadow Area #1 40 $ 24.00 $ 19.00 $ 29.00 32 $ 22.00 $ 17.00 $ 26.00 Houk Area #1 60 $ 40.00 $ 32.00 $ 47.00 48 $ 35.00 $ 28.00 $ 42.00 Lions Area #1 60 $ 85.00 $ 68.00 $ 101.00 48 $ 79.00 $ 63.00 $ 94.00 Perry Family Area #1 45 $ 88.00 $ 69.00 $ 103.00 32 $ 62.00 $ 49.00 $ 74.00 Arbor/
Picnic
Area
FY 23-24 FY 24-25
Daily Fee Daily Fee
603
Adjusted Fees
Parks & Recreation - General Fund - Picnic Areas
Park Name Capacity Private
Non-Profit
-20%
Commercial
+20% Capacity Private
Non-Profit
-20%
Commercial
+20%
Plaza Area #1 200 $178.00 $ 142.00 $ 213.00 160 $163.00 $ 131.00 $ 196.00 Area #2 60 $ 60.00 $ 48.00 $ 72.00 48 $ 56.00 $ 45.00 $ 67.00 Area #3 100 $ 92.00 $ 74.00 $ 111.00 80 $ 84.00 $ 68.00 $ 101.00 Area #4 60 $ 74.00 $ 59.00 $ 88.00 48 $ 70.00 $ 56.00 $ 84.00 Area #5 60 $ 74.00 $ 59.00 $ 88.00 48 $ 70.00 $ 56.00 $ 84.00 Area #6 80 $ 90.00 $ 72.00 $ 108.00 64 $ 84.00 $ 68.00 $ 101.00 Area #7 60 $ 60.00 $ 48.00 $ 72.00 48 $ 56.00 $ 45.00 $ 67.00 Area #8 60 $ 67.00 $ 54.00 $ 80.00 48 $ 63.00 $ 50.00 $ 75.00 Area #9 30 $ 31.00 $ 25.00 $ 37.00 24 $ 29.00 $ 23.00 $ 34.00 Area #10 20 $ 22.00 $ 18.00 $ 26.00 16 $ 21.00 $ 16.00 $ 25.00 Area #11 20 $ 22.00 $ 18.00 $ 26.00 16 $ 21.00 $ 16.00 $ 25.00 Area #12 30 $ 31.00 $ 25.00 $ 37.00 24 $ 29.00 $ 23.00 $ 34.00 Arbor/
Picnic
Area
FY 23-24 FY 24-25
Daily Fee Daily Fee
604
Adjusted Fees
Parks & Recreation - General Fund - Picnic Areas
Park Name Capacity Private
Non-Profit
-20%
Commercial
+20% Capacity Private
Non-Profit
-20%
Commercial
+20%
Recreation Area #1 126 $ 68.00 $ 54.00 $ 82.00 48 $ 35.00 $ 28.00 $ 42.00 Riverbend Area #1 50 $ 27.00 $ 22.00 $ 33.00 32 $ 22.00 $ 17.00 $ 26.00 Lions Club 220 $250.00 $ 200.00 $ 300.00 176 $230.00 $ 184.00 $ 277.00 Oak Liquidators 90 $122.00 $ 97.00 $ 146.00 72 $114.00 $ 91.00 $ 137.00 Food 4 Less 90 $122.00 $ 97.00 $ 146.00 72 $114.00 $ 91.00 $ 137.00 Area #4 90 $122.00 $ 97.00 $ 146.00 72 $114.00 $ 91.00 $ 137.00 Area #5 90 $122.00 $ 97.00 $ 146.00 72 $114.00 $ 91.00 $ 137.00 Whitendale Area #1 80 $ 83.00 $ 67.00 $ 100.00 64 $ 78.00 $ 62.00 $ 93.00 Area #2 60 $ 67.00 $ 54.00 $ 80.00 48 $ 63.00 $ 50.00 $ 75.00 Area #3 60 $ 67.00 $ 54.00 $ 80.00 48 $ 63.00 $ 50.00 $ 75.00 All Arbors 200 $204.00 $ 163.00 $ 246.00 160 $191.00 $ 152.00 $ 229.00 Woodland Area #1 50 $ 27.00 $ 22.00 $ 33.00 32 $ 22.00 $ 17.00 $ 26.00 Riverway
Sports Park
Arbor/
Picnic
Area
FY 23-24 FY 24-25
Daily Fee Daily Fee
605
Adjusted Fees
Parks & Recreation - General Fund - Indoor Facilities
Facility Room Private Non-Profit Private Non-Profit Commercial Visalia Senior Center Activity Room $47.25 $ 38.00 $ 56.50 $ 40.00 $ 32.00 $ 48.00 Whitendale Main Room $66.00 $ 53.00 $ 79.00 $ 48.00 $ 38.50 $ 57.50 Rate Per Hour Rate Per Hour
FY 23-24 FY 24-25
606
Adjusted Fees
Parks & Recreation - General Fund - Athletic Fields
Private
Non-Profit
-20%
Commercial
+20% Tournament*
Athletic Field FY 23-24
All Parks - Field Rental $ 16.00 $ 16.50 $ 13.20 $ 19.80 $ 26.00 Riverway Sport Park - Special Event Promenade-Athletic Use $ 32.00 $ 33.25 $ 26.60 $ 39.90 $ 52.00 Athletic Field Lights
Riverway Sports Park - Baseball $ 19.00 $ 19.75 $ 15.80 $ 23.70 $ 31.00 Riverway Sports Park - Softball $ 22.00 $ 22.75 $ 18.20 $ 27.30 $ 35.00 Riverway Sports Park - Saputo Sports Field $ 25.00 $ 15.50 $ 12.40 $ 18.60 $ 24.00 Riverway Sports Park - Soccer Fields $ 25.00 $ 25.75 $ 20.60 $ 30.90 $ 40.00 Plaza Park - Ballfields #2 & #3 $ 25.00 $ 25.75 $ 20.60 $ 30.90 $ 40.00 Plaza Park - Ballfields #1 & #4 (2hr minimum) $ 25.00 $ 25.75 $ 20.60 $ 30.90 $ 40.00 Jefferson Park - Multifield $ 25.00 $ 25.75 $ 20.60 $ 30.90 $ 40.00 Concession Stands Rate Per Day
All Parks $ 100.00 $103.50 $ 82.80 $ 124.20
Tournaments
Rate Per Day
Additional fees will be assessed based on size and scope of the event. Fees may include the requirement to reserve other park amenities, additional staff time, janitorial and trash services, etc. Organizer may be required to provide at their own cost, additional portable restrooms and trash/recycling receptacles; and be required to provide proof of receipt before permit is finalized.

Rate Per Hour Per Field
FY 24-25
607
Adjusted Fees
Parks & Recreation - General Fund - Park Athletic Courts Private
Non-Profit
-20%
Commercial
+20% Tournament*
Park Athletic Courts FY 23-24
Tennis Courts $ 5.00 $ 6.00 $ 4.80 $ 7.20 $ 9.00
Pickelball Courts $ 5.00 $ 6.00 $ 4.80 $ 7.20 $ 9.00
Outdoor Basketball $ 5.00 $ 6.00 $ 4.80 $ 7.20 $ 9.00
Outdoor Volleyball $ 5.00 $ 6.00 $ 4.80 $ 7.20 $ 9.00
Horseshoe Pit $ 15.00 $16.00 $ 12.80 $ 19.20 $ 25.00
Tournaments
Additional fees will be assessed based on size and scope of the event. Fees may include the requirement to reserve other park amenities, additional staff time, janitorial and trash services, etc. Organizer may be required to provide at their own cost, additional portable restrooms and trash/recycling receptacles; and be required to provide proof of receipt before permit is finalized.

Rate Per Pit Per Day
Rate Per Hour Per Court
FY 24-25
608
Adjusted Fees
Parks & Recreation - General Fund - Miscellaneous Facilities Miscellaneous Facilities
Private
Non-Profit
-20%
Commercial
+20%
FY 23-24
Dog Park* at Plaza Park and Seven Oaks Park $ 200.00 $207.75 $ 166.20 $ 249.30 Skate Park* at Recreation Park $ 200.00 $207.75 $ 166.20 $ 249.30 Disc Golf Course at Seven Oaks Park $ 200.00 $207.75 $ 166.20 $ 249.30 Trails $ 100.00 $103.75 $ 83.00 $ 124.50
*Requires Parks & Recreation Commission authority to close facility for private or special event use.

Rate Per Day
FY 24-25
609
Adjusted Fees
Parks & Recreation - Pool Rentals
Pool Rentals
Private
Non-Profit
-20%
Commercial
+20% Private
Non-Profit
-20%
Commercial
+20%
FY 23-24 FY 23-24
1-25 people $156.00 $250.00 $ 200.00 $ 300.00 $ 70.00 $100.00 $ 80.00 $ 120.00 26-60 people $201.00 $295.00 $ 236.00 $ 354.00 $ 89.00 $125.00 $ 100.00 $ 150.00 61-100 people $246.00 $340.00 $ 272.00 $ 408.00 $112.00 $150.00 $ 120.00 $ 180.00 101-150 people $290.00 $385.00 $ 308.00 $ 462.00 $134.00 $175.00 $ 140.00 $ 210.00 151-200 people $335.00 $430.00 $ 344.00 $ 516.00 $156.00 $200.00 $ 160.00 $ 240.00 201+ people $380.00 $475.00 $ 380.00 $ 570.00 $178.00 $225.00 $ 180.00 $ 270.00 Cost for First Two Hours Cost Per Additional Hour
FY 24-25 FY 24-25
2 Hour Minimum Rental
$100 Deposit
Amount of Guests
610
Adjusted Fees
Enterprise Fees - Building Safety - Electrical
Temporary Electrical Sales Lots
Old Wording Christmas Tree Sales Lots FY 24-25
New Wording Sales Lots (Christmas tree, pumpkin, etc.) Each $ 157.00 Enterprise Fees - Solid Waste
Special Service - Additional Service FY 23-24 FY 24-25
Roll Out Bin Each Additional 20 Feet Per Empty $ 2.90 $ 5.80 Replacement of Damaged/Burnt Cans/Bins FY 23-24 FY 24-25 40 Yard Bin Per Container $ 9,761.00 $ 9,318.74
*Actual replacement cost to City
611
Adjusted Fees
S a l a r y & B e n e f i t C h a n g e s
The following rates are associated with specific
job positions and have been adjusted based on
budget assumptions for the next budget year.

Fire - General Fund
Special Services FY 23-24 FY 24-25
Weed Abatement (Administrative Fee) Per Hour $ 94.55 $ 101.06 Declaration of Public Nuisance - Includes 3 Hours Per Nuisance $ 283.65 $ 303.18 Declaration of Public Nuisance - Each Additional Hour Per Hour $ 94.55 $ 101.06 Lift Assist at For-Profit Residential Facility and For-Profit Services* Per Incident $ 139.16 $ 151.62 * 5 Lift Assists per year at no charge
Planning - General Fund
Environmental Applications FY 23-24 FY 24-25
Home Occupation Permit
Home Occupation Permit - New $ 35.00 $ 38.00
Home Occupation Permit - Change of Location $ 17.00 $ 19.00 612
Adjusted Fees
S a l a r y & B e n e f i t C h a n g e s
Enterprise Fees - Building Safety
Other Inspection Fees FY 23-24 FY 24-25
Expedited Overtime Inspection Fee (2 hr minimum)* Per Hour $ 104.20 $ 116.20 *Availability dependent upon staffing resources
Enterprise Fees - Solid Waste
Special Haul Service/Special Billing Service FY 23-24 FY 24-25 Full Time Employee Labor Per Hour/Per Staff $ 53.27 $ 57.49 Full Time Employee Overtime Labor Per Hour/Per Staff $ 79.91 $ 86.24 Replacement Cost of Miscellaneous Items (Including Staff Time)* FY 23-24 FY 24-25 Commercial Bin Lid Replacement Per Container $ 36.32 $ 39.87 Commercial Bin Lid Replacement - Two Lids Per Container $ 72.64 $ 79.74 Key Replacement Per Key $ 16.32 $ 19.87
Lock Replacement Per Lock $ 28.32 $ 31.87
* Items damaged by City will not be charged replacement cost to customer Inspection Fee
The following rates are associated with specific
job positions and have been adjusted based on
budget assumptions for the next budget year.
613
Current Fees-Not in Previous Document
Business Tax - General Fund
Surcharges and Penalties
Infraction FY 24-25
1st Violation Each $ 100.00
2nd Violation of the Same Within 1 Yr Each $ 200.00
3rd and Each Additional Violation of Same Within 1 Yr Each $ 300.00 614
Deleted Fees
Business Tax - General Fund
FY 23-24 FY 24-25
Distribution of Printed Matter Per Day $ 20.00 N/A
Per Month $319.00 N/A
Sidewalk and Drive Approach Improvements - General Fund FY 23-24 FY 24-25
Residential Drive Approach Per Square Foot $ 19.99 N/A
Parks & Recreation - General Fund - Picnic Areas
Daily Fee
Park Name Capacity Capacity Private
NonProfit
-20%
Commercial
+20%
FY 23-24
Whole Park 103 $129.00 N/A N/A N/A N/A
Arbor/
Picnic
Area
Daily Fee
Community Campus
300 NW 3rd Ave
FY 24-25
615
Deleted Fees
Enterprise Fees - Solid Waste
City Owned Enclosure Fee FY 23-24 FY 24-25
Per Enclosure $ 36.73 N/A
Replacement of Damaged/Burnt Cans/Bins FY 23-24 FY 24-25 8 Yard Bin Per Container $ 1,151.00 N/A
10 Yard Bin Per Container $ 1,395.00 N/A
Enterprise Fees - Transit
Advertising - Buses
Fixed Route Topper/Header Only FY 23-24 FY 24-25
1 Month Contract Per Month $ 26.00 N/A
3 Month Contract Per Month $ 25.00 N/A
6 Month Contract Per Month $ 24.00 N/A
12 Month Contract Per Month $ 23.00 N/A
Monthly Fee includes twice a year cleaning
of enclosure & repair of damage to enclosure
616
Next Steps
• Public Hearing, June 17, 2024
• If needed, further review and discussion.
• Conduct the required Public Hearing.
• Effective Dates, if approved
• All fees, except Impact Fees, July 1, 2024.
• Impact Fees will be effective, August 17, 2024 (due to the required 60 days notice).
617
QUESTIONS?
Thank you!
618
Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0115 Agenda Date: 6/3/2024 Agenda #: 3.

Agenda Item Wording:

Downtown Visalia Property and Business improvement District (DTVPBID) Annual Report - Receive the 2024 Annual Operations Report for the DTVPBID and Approve DTVPBID 2% assessment increase for the 2024/25 tax roll.

Deadline for Action: 5/20/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

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

That Council:

1. Receive the Annual Operations Report for the Downtown Visalia Property and Business Improvement District (DTVPID), and;

2. Approve the 2% increase in DTVPBID assessments as proposed, or amended, to be included in the 2024-25 tax roll, making any changes they deem necessary prior to approval.

Background Discussion:

The Downtown Visalia Property and Business Improvement District (DTVPBID) is an assessment district which provides activities and improvements to Downtown property owners. The DTVPBID was created in 1998 and has been extended by ballot of the affected property owners ever since. The DTVPBID is in its 5th iteration, and the current duration is January 1, 2020, through December 31, 2029. In accordance with the DTVPBID Management District Plan (MDP), the City has contracted with the Downtown Visalia Property Owner’s Association (DTVPOA) for the administration of the DTVPBID, and the DTVPOA has subcontracted this administration to Downtown Visalians, Inc.

The DTVPBID is required to submit the annual operations report by May 31st each year in accordance with the Property and Business Improvement District Law of 1994 (PBID Law) and the current agreement between the City and the DTVPOA. The report provided in Attachment A was received by the City for review on May 8, 2024. The report summarizes past, current, and planned activities, improvements, and the financial state of the DTVPBID. The report must also include any planned assessment increases, and these are discussed in this agenda item. The council’s role, according to PBID Law, is to review the attached report to ensure consistency with the Management District Plan (MDP) and make any changes it deems necessary to ensure compliance with the MDP Visalia City Council Page 1 of 6 Printed on 5/31/2024
powered by Legistar™619
File #: 24-0115 Agenda Date: 6/3/2024 Agenda #: 3.
as balloted by the affected property owners.

The MDP sets the maximum annual increase in assessments. To accommodate increases to the California Minimum Wage which occurred annually through January 2022, the MDP allowed a 10% increase through the 3rd year of the plan (2022). Beginning with year 4 (2023), annual increases have been limited to 5% each year for the remainder of the plan. The requested 2% assessment increase for year 5 (2025) is less than the maximum allowed increase under the MDP. The proposed 2% increase for the 2025 year is shown in Table 1: Summary of Proposed 2025 DTVPBID Increase.

Table 1: Summary of Proposed 2025 DTVPBID Increase
Description City of Visalia All Others Total Assessments 2024 PBID Assessment $ 153,180 $ 514,218 $ 667,398
Proposed Increase 3,064 10,284 13,348
2025 PBID Assessment $ 156,244 $ 524,502 $ 680,746
The assessment increase approved by Council tonight has been included in the June 3, 2024, agenda item for the Tax Roll process. Any changes directed by council to the proposed 2% assessment increase will amend the official DTVPBID tax roll amount prior to submittal to Tulare County.

Additional Information:

DTVPBID V Formation: Since 1998, the DTVPBID has collected assessments under PBID Law to provide funding for improvements and activities to preserve and enhance the economic condition of Downtown Visalia. The 5th iteration of the DTVPBID was formed on July 15, 2019, by a ballot of the owners of property located within the district and began on January 1, 2020. As prescribed by the current MDP, administration of the DTVPBID is being performed by the Downtown Visalia Property Owners Association (DTVPOA) under a management agreement approved by City Council on December 3, 2019. As required by PBID Law, and included in the agreement with the DTVPOA, the annual operations report is to be prepared and presented to the City Council each year. The deadline of May 31st has been set to allow the inclusion of any assessment increases approved by council in the annual Tax Roll process.

Reporting Requirement: The annual operations report is required by PBID Law, and the DTVPOA Management Agreement, to include certain information summarized by the following items excerpted from section 2.B. of the agreement. The full PBID Management Agreement is included as Attachment B to this item.

Agreement Section 2.B.

B. Prepare and provide to the City, for review by the City Council, an annual operations report for all matters covered under this Agreement on or prior to May 31, 2020, and thereafter no later than May 31st of each year. Such annual report shall include financial summaries to be provided in the format set forth in Exhibit A, and account for:
i. all actual revenue, activities and expenditures during the fiscal year of the District (January I Visalia City Council Page 2 of 6 Printed on 5/31/2024
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through December 31) prior to the year of the report;
ii. all to-date and projected revenue, activities and expenditures during the then current fiscal year; and
iii. a specific management plan, including operating budget, for the fiscal year following the year of the report. The specific management plan and budget for the following fiscal year shall specify the actual maintenance, activities and improvements proposed to be provided for in that year along with their estimated cost; and
iv. shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies and also include any additional information required under §36650(b) of the PBID Statute, such as:

1. Any proposed changes to the boundaries, benefit zones, or classification of property within the district.

2. The method and basis of levying assessments, including any proposed increases, in sufficient detail to allow property owners to estimate the amount of their individual assessments.

3. The estimated amount of any surplus or deficit revenues to be carried from previous fiscal years.

4. The estimated amount of any contributions to be made from sources other than district assessments.

The City Council shall review the report to ensure consistency with the Plan. In accordance with the provisions of PBID Statute, the City Council may approve the report as filed by the DVPOA or may modify any particular contained in the report and approve it as modified.

Report Elements
While the City is required by the MDP to contract with the DTVPOA for management of the DTVPBID, the power to modify any aspect of the annual report, prior to approval, lies with the City Council, with one notable exception. The City Council may not make or approve any changes that would prevent the DTVPBID from funding scheduled payments on any executed contract or debt service obligation.

This is the City Council’s opportunity to review the justification for any changes or assessment increases and hold the DTVPBID accountable for any controllable rising costs. Proposed items are intended to be reviewed by the City Council to ensure consistency with the MDP.

Financial and Budget Information: The report included in Attachment A contains a summary of receipts and disbursements for the 2023 Calendar Year (January 1-December 31) as well as the 2024 Budget which lists planned and projected revenues and disbursements. The expenditures summarized in the report comply with the Service Plan and Budget contained in section VI. of the Management District Plan (MDP).

PBID Fund (375) Balances: The City administers the collection of DTVPBID revenue through the Visalia City Council Page 3 of 6 Printed on 5/31/2024
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PBID Fund (375) Balances: The City administers the collection of DTVPBID revenue through the annual tax roll process. Once collected, the funds are held in a Fiduciary Fund, pending quarterly payment requests from the POA. As of December 31, 2023, the balance of the PBID Fiduciary Fund (375) was $602,850. This balance consisted of $134,236 in prior year, unspent funds, and $468,614 in assessments collected through the 2023-24 Tax Roll in preparation for the start of the 2024 DTVPBID year. The balance of DTVPBID assessments remaining to be collected on December 31, 2023, was $192,671, which includes any prior year delinquent assessments. Table 3: PBID V - Fund 375 - Cash Balance below provides a summary of the cash balance in the PBID V fund since the adoption in 2019/20.
2019/20 2020/21 2021/22 2022/23 2023/24*
Beginning Cash - 157,356 228,126 344,312 424,475
PBID Assessments Collected 312,364 539,003 611,783 629,795 661,284 Assessments Paid to DTV (150,313) (460,000) (490,000) (550,000) (290,000) Investment Activity & Other 8,557 (1,775) 119 5,419 -
Property Tax Admin Fees (476) (479) (479) (479) (239)
Subtotal 170,132 234,106 349,549 429,046 795,520
Adjusted for Assessments Receivable (12,776) (5,979) (5,237) (4,571) (192,671) Ending Cash Balance 157,356 228,126 344,312 424,475 602,850 - - - - -
*2023/24 is a partial year and reflects 12/31/2023 balance as of 5/3/24 For Fiscal Years July 1 to June 30*
Table 3: PBID V - Fund 375 - Cash Balance
The cash balance summary in Table 3 is based upon funds collected and paid out by the City and does not include any cash balances paid to the DTVPOA that may remain unspent. The annual report in Attachment A provides a summary of any DTVPBID balances held by the DTVPOA.

Plan Changes and Assessment Increases: The attached report submitted by the DTVPOA (Attachment A) is accompanied by this staff report which proposes a 2% assessment increase for the 2025 PBID year. The 2% increase was discussed and approved by the POA Board on April 23, 2024, for submittal with this report, and the City was notified of the proposed increase in writing on April 24, 2024. The maximum annual inflationary increase allowed by the MDP was set at 10% for years two and three (2021 and 2022) and reduced to 5% for the remaining 7 years (2023 to 2029).

This was due to the expectation that costs would continue to increase at a rate higher than 5% until the mandated increases to the California Minimum Wage were completed in January 2022. The proposed 2% increase for the 2025 year is shown above in Table 1: Summary of Proposed 2024 DTVPBID Increase. As discussed below, the proposed 2% assessment increase complies with the MDP.

The maximum assessment increase allowed for the 2024 DTVPBID year is set by the MDP rather than by any Consumer Price Index (CPI) rate. For this reason, it is important to consider the justification for any requested increase in the DTVPBID assessments. To-date, the DTVPBID assessment increases have exceeded the CPI for All Urban Consumers (CPI-U) provided by the Bureau of Labor Statistics. This is due to the increases built into the years 2021 and 2022 which were affected by the mandatory California minimum wage increase, which is not fully reflected in the Visalia City Council Page 4 of 6 Printed on 5/31/2024
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were affected by the mandatory California minimum wage increase, which is not fully reflected in the CPI-U. Although the CPI-U increased 3.5% over the 12 months leading up to March of 2023, the DTPOA Board is proposing a smaller increase of 2% to minimize the effect on downtown businesses already dealing with the increased prices resulting from the high inflation experienced in recent years.

The proposed 2% increase will have a compounding effect on future DTVPBID years, reducing the maximum assessment which can be achieved in the 10-year term of PBID V. Table 2: Maximum Assessment DTVPBID V - Years 2020-2029 below shows the updated maximum assessment amounts based upon a 2% increase in 2025.

PBID Year
Proposed
Annual %
Maximum
Assessment
Increase
Amount
2020 Base Year 500,291 Base Year
2021 10% 550,320 50,029
2022 10% 605,352 55,032
2023 5% 635,620 30,268
2024 5% 667,401 31,781
2025 2% 680,749 13,348
2026 5% 714,786 34,037
2027 5% 750,526 35,739
2028 5% 788,052 37,526
2029 5% 827,455 39,403
$ 327,163
Table 2: Maximum Assessment DTVPBID V - Years 2020-2029 Total Maximum Increase over 10 year life
As shown on page 8 of the MDP (Attachment C), the original maximum annual assessment was $851,791 in the 2029 year, which will now be reduced to a final maximum assessment of $827,455 if the 2% increase for 2025 is approved. Any assessment increase approved by Council tonight will be brought back on June 3, 2024, as part of the Tax Roll process.

Fiscal Impact:

As shown above in Table 1: Summary of Proposed 2024 DTVPBID Increase above, the additional cost of the City’s combined assessment would increase by $3,064 if the 2% assessment increase is approved. This would bring the total City contribution to the DTVPBID to $156,244. Shown below, in Table 3: City DTVPBID Assessment Detail, is the breakdown of the payment between the General Fund, Convention Center, and Visalia Transit.

Table 3: City DTVPBID Assessment Detail
Description
General
Fund
Convention
Center
Visalia
Transit
Total
Assessments
2024 City PBID Assessment $ 106,118 $ 38,237 $ 8,826 $ 153,180 Proposed Increase 2,122 765 177 3,064
2025 City PBID Assessment $ 108,240 $ 39,002 $ 9,002 $ 156,244 Visalia City Council Page 5 of 6 Printed on 5/31/2024
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File #: 24-0115 Agenda Date: 6/3/2024 Agenda #: 3.

Prior Council Action:
• July 15, 2019: DTVPBID V Ballot process and formation • December 3, 2019: Approval of Management Agreement with DTVPOA • Annual Reports received, and Assessment Increases approved on:
o May 18, 2020 (10% increase for 2021)
o May 17, 2021 (10% increase for 2022)
o May 16, 2022 (5% increase for 2023)
o May 15, 2023 (5% increase for 2024)
Other: The annual report for the Town-Center Business Improvement District managed by the Downtown Visalians is also being brought to Council on this same date.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move that Council:

1. Receive the Annual Operations Report for the Downtown Visalia Property and Business Improvement District (DTVPID), and;

2. Approve the 2% increase in DTVPBID assessments as proposed (or as amended), for the 2024-25 tax roll.

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

Attachment A: Annual DTVPBID Operations Report
Attachment B: Current DTVPBID Management Agreement dated January 1, 2020 Attachment C: DTVPBID Management District Plan & Engineer’s Report (MDP) Visalia City Council Page 6 of 6 Printed on 5/31/2024
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April 22, 2019 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

DOWNTOWN VISALIA PROPERTY AND

BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN & ENGINEER’S REPORT
2020-2029
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Downtown Visalia PBID Management District Plan i

CONTENTS
I. Overview................................................................................................................................................. 1 II. Impetus................................................................................................................................................... 2 III. Background............................................................................................................................................. 3 IV. Accomplishments.................................................................................................................................. 4 V. Boundaries.............................................................................................................................................. 5 VI. Service Plan & Budget.......................................................................................................................... 6 A. Improvements and Activities 6
B. Annual Budget 6
C. Assessment Budget 7
D. Zone Assessment Budgets 8
E. Annual Maximum Assessment Budget 8
VII. Governance ............................................................................................................................................ 9 A. Owners’ Association 9
B. Brown Act & Public Records Act Compliance 9
C. Annual Report 9
VIII. Engineer’s Report................................................................................................................................ 10 Appendix 1 – Maximum Annual Assessment Rates......................................................................................... 21 Appendix 2 – PBID Law....................................................................................................................................... 22 Appendix 3 – Parcel Assessment Calculations.................................................................................................. 34 Appendix 4 – Total Estimated Maximum Cost of Improvements, Maintenance, and Activities ............ 44 Appendix 5 – Services by Zone............................................................................................................................ 45 Appendix 6 – Map .................................................................................................................................................. 46 Prepared by Civitas
www.civitasadvisors.com
(800)999-7781
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Downtown Visalia PBID Management District Plan Page 1
I. OVERVIEW
Developed by a growing coalition of property owners, the Downtown Visalia Property and Business Improvement District (DTVPBID) is a benefit assessment district whose main goal is to provide improvements and activities which constitute and convey a special benefit to assessed parcels. This approach has been used successfully in other cities throughout the country to provide special benefits to property owners, namely increased sales, attraction of new tenants, increased occupancies, and specifically increased property values. As required by state law, property owners have created this Management District Plan (Plan) to renew the DTVPBID.

Location: The DTVPBID generally includes parcels in the downtown area of the City of Visalia, as shown on the map in Section V.

Purpose: The purpose of the DTVPBID is to provide activities and improvements which constitute and convey a special benefit to assessed parcels. The DTVPBID will provide environmental enhancements, economic enhancements, and related administration programs directly and only to assessed parcels within its boundaries.

Budget: The DTVPBID annual assessment budget for the initial year of its ten (10) year operation is anticipated to be $500,291.13. The annual budget may be subject to an increase in assessment rates of no more than ten percent (10%) per year. The assessment funds will be supplemented by non-assessment funds (such as grants and event income), so that the total budget for the initial year is estimated at $525,179.97.

Cost: The assessment rate (cost to the parcel owner) is based on parcel size and benefit zone.

The initial annual rate to each parcel is shown in the table below. Assessment rates may be subject to an increase of no more than ten percent (10%) per year for the second and third years of the renewed term and no more than five percent (5%) per year for the fourth through tenth years of the renewed term.

Initial Parcel Assessment Rates
Parcel Type Parcel Size (sq. ft.)
Benefit Zone Zone 1 Zone 2
Commercial $0.140 $0.045
Renewal: DTVPBID renewal requires submittal of petitions from property owners representing more than fifty percent (50%) of the total assessment. The “Right to Vote on Taxes Act” (also known as Proposition 218) requires a ballot vote in which more than fifty percent (50%) of the ballots received, weighted by assessment, be in support of the DTVPBID.

Duration: The DTVPBID will have a ten (10) year life beginning January 1, 2020 through December 31, 2029. Near the end of the term, the petition, ballot, and City Council hearing process must be repeated for the DTVPBID to again be renewed.

Management: The Downtown Visalia Property Owner's Association (the Association) will continue to serve as the Owners’ Association for the DTVPBID.
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II. IMPETUS
There are several reasons why now is the time to renew the DTVPBID. The most compelling reasons are as follows.

1. The Need to be Proactive in Determining the Future of Downtown Visalia.

In order to protect their investment, parcel owners must be partners in the process that determines the level and frequency of services, and how new improvements and development projects are implemented. The DTVPBID will allow these owners to lead and shape future services and improvements through the DTVPBID.

2. The Need to Attract New Business and Investment throughout Downtown Visalia.

If Downtown Visalia is to compete as a successful commercial district it must develop its own wellfinanced, proactive strategy to retain businesses and tenants as well as attract new business and investment. The DTVPBID provides the financial resources to develop and implement a focused strategy that will work to prevent and fill vacancies and attract new tenants to all areas of the DTVPBID.

3. An Opportunity to Create a Private/Public Partnership with a Unified Voice for Downtown Visalia.

Because parcel owners would be investing financial resources through the DTVPBID, they will be looked upon as a strong partner in negotiations with the City. This partnership will have the ability to leverage the parcel owner’s investment with additional public investment in Downtown Visalia.

4. An Opportunity to Establish Private Sector Management and Accountability.

A non-profit, private organization formed for the sole purpose of improving Downtown Visalia will manage the services provided and the DTVPBID. Annual DTVPBID work plans and budgets are developed by a board composed of stakeholders that own property in the Downtown Visalia.

Improvements and activities provided by the DTVPBID are subject to private sector performance standards, controls, and accountability.
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Downtown Visalia PBID Management District Plan Page 3
III. BACKGROUND
The International Downtown Association estimates that more than 1,500 Property and Business Improvement Districts (PBIDs) currently operate throughout the United States and Canada. PBIDs are a time-tested tool for property owners who wish to come together and obtain collective services which benefit their properties.

PBIDs provide supplemental services in addition to those provided by local government. They may also finance physical and capital improvements. These improvements and activities are concentrated within a distinct geographic area and are funded by a special parcel assessment. Services and improvements are only provided to those who pay the assessment.

Although funds are collected by the local government, they are then directed to a private nonprofit.

The nonprofit implements services and provides day-to-day oversight. The nonprofit is managed by a Board of Directors representing those who pay the assessment, to help ensure the services meet the needs of property owners and are responsive to changing conditions within the PBID.

PBIDs all over the globe have been proven to work by providing services that improve the overall viability of commercial districts, resulting in higher property values, lease rates, occupancy rates, and sales volumes.

The DTVPBID will be renewed pursuant to a state law that took effect in January of 1995. The “Property and Business Improvement District Law of 1994,” which was signed into law by Governor Pete Wilson, ushered in a new generation of Property and Business Improvement Districts in California. Key provisions of the law include:
 Allows a wide variety of services which are tailored to meet specific needs of assessed properties in each individual PBID;
 Requires property owner input and support throughout the renewal process;  Requires written support on both a petition and ballot from property owners paying fifty percent (50%) of proposed assessments;
 Allows for a designated, private nonprofit corporation to manage funds and implement programs, with oversight from property owners and the City;  Requires limits for assessment rates to ensure that they do not exceed the amount owners are willing to pay; and
 Requires the PBID be renewed after a certain time period, making it accountable to property owners.

The “Property and Business Improvement Business District Law of 1994” is provided in Appendix 2 of this document.
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IV. ACCOMPLISHMENTS
During the previous term of the DTVPBID, the Downtown Visalia Property Owner's Association has achieved significant results for the benefit of assessed property owners within the DTVPBID.

Examples include:
 Upgraded and installed decorative lighting on 48 trees along Main Street. Decorative lights are maintained annually and removed and rehung for tree maintenance every three years.
 LED light upgrade to Candy Cane Lane holiday lighting.  Removal of over 14,000 graffiti tags (1,650 annually).  Provision of 24/7 security services. There have been just under 25,000 call for service (3,000 annually) and 30,000 vagrant contacts.
 Landscaping improvements including a total revamp and enhancement of the Main Street corridor and converting to drip irrigation systems.  Pedestrian safety enhancements along the Main Street corridor.  Parking in-lieu fees designed to attract businesses to the DTVPBID.  Enclosure artwork improvements.
 DTVPBID maintenance programs.

In the next term of the DTVPBID, the Downtown Visalia Property Owner's Association envisions the following:
 Street light replacements in January 2020.
 Water infrastructure replacements along Main Street in January 2020.  Using Public Safety Planning grant funds to improve traffic flows, bicycle safety, and pedestrian safety throughout the DTVPBID.
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V. BOUNDARIES
The DTVPBID generally includes parcels in the downtown area of the City of Visalia, as shown on the map below. The service area includes approximately 374 properties with 241 property owners. The DTVPBID boundary is illustrated by the map below. A larger map is available on request by calling (916)437-4300 or (800)999-7781.
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VI. SERVICE PLAN & BUDGET
A. Improvements and Activities
The DTVPBID will provide supplemental improvements and activities that are above and beyond those provided by the City and other government agencies. None of the services to be provided by the DTVPBID are provided by the City or other government agencies. The improvements and activities will be provided directly and only to assessed parcels; they will not be provided to parcels that are not assessed. Each and every service is unique to the DTVPBID, thus the benefits provided are particular and distinct to each assessed parcel.

1. Environmental Enhancements
The environmental enhancement programs may include public safety patrols to support crime prevention and reduce the incidence of nuisance crimes, streetscape and landscape enhancements to make the DTVPBID more attractive, graffiti removal to provide a cleaner DTVPBID environment, and general DTVPBID maintenance including sidewalk sweeping and steam cleaning.

2. Economic Enhancements
The economic enhancement programs and incentives are designed to attract, grow, and incubate new businesses. DTVPBID economic enhancements programs will also include an inlieu parking program to remove barriers to downtown development and promotions to improve the downtown image and invite customers to assessed parcels within the DTVPBID.

3. Administration
The administration portion of the budget will be utilized for administrative costs associated with providing the activities and improvements. Those costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses.

4. Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of the Owners’ Association. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the Board of Directors of the Owners’ Association. The reserve fund may be used for the costs of renewing the DTVPBID.

B. Annual Budget
A projected ten (10) year budget for the DTVPBID is provided below. The overall budget shall remain consistent with this Plan. In the event of a legal challenge, assessment funds may be used to defend the DTVPBID. The annual budget is based on the following assumptions and guidelines:

1. The cost of providing improvements and activities may vary depending upon the market cost for those improvements and activities. Expenditures may require adjustment up or down to continue the intended level of improvements and activities. The Association shall annually have the ability to re-allocate up to fifteen percent (15%) of the budget allocation by line item within the budgeted categories. Any change will be approved by the Association and submitted with the Annual Report.
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Downtown Visalia PBID Management District Plan Page 7

2. Funds not spent in any given year may be rolled over to the next year.

3. The assessment rate may be subject to annual increases that will not exceed ten percent (10%) per year for the second and third years of the renewed term and will not exceed five percent (5%) per year for the fourth through tenth years of the renewed term. Increases will be determined by the Association and will vary each year. The projections below illustrate the maximum annual increase for all budget items.

4. Each budget category includes all costs related to providing that improvement, maintenance, or activity, in accordance with Generally Accepted Accounting Principles (GAAP). For example, the environmental enhancements budget includes the cost of staff time dedicated to overseeing and implementing environmental enhancements programs. Staff time dedicated purely to administrative tasks is allocated to the administration and advocacy portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories, as appropriate in accordance with GAAP. The staffing levels necessary to provide the DTVPBID improvements, maintenance, and activities will be determined by the Association on an asneeded basis.

C. Assessment Budget
The total improvement, maintenance, and activity budget for 2020 that is funded by property assessments is $500,291.13. In addition to the assessment revenue, the programs will be supplemented by non-assessment funds. The total of non-assessment funds, and the determination of special and general benefit, in included in the Engineer’s Report. The total of assessment and non-assessment funds is provided in Appendix 4. Below is an illustration of the estimated total assessment budget allocations for each budget category for the ten (10) year life of the DTVPBID. The allocation of the assessment funds is governed by Section E below. Non-assessment funds may be shifted between budget categories as needed by the Association.

Environmental
Enhancements,
$375,218.35 , 75%
Economic
Enhancements,
$70,040.76 , 14%
Administration,
$40,023.29 , 8%
Contigency / Reserve,
$15,008.73 , 3%
Initial Year Assessment Budget - $500,291.13
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Downtown Visalia PBID Management District Plan Page 8
D. Zone Assessment Budgets
Funds may only be spent on improvements, maintenance, and activities provided in the zone from which they funds were derived. The budget for 2020, broken down by zone, is below.

Benefit Zone Zone 1 Zone 2
Environmental Enhancements $266,100.24 $109,118.11
Economic Enhancements $49,672.04 $20,368.72
Administration $28,384.03 $11,639.26
Contingency / Reserve $10,644.01 $4,364.72
Zone Totals $354,800.32 $145,490.81
E. Annual Maximum Assessment Budget
The budget below assumes the maximum annual increase of ten percent (10%) per year for the second and third years of the renewed term and of five percent (5%) per year for the fourth through tenth years of the renewed term.is enacted and that there are no changes to the categorical budget allocations.

Year Environmental
Enhancements
Economic
Enhancements Administration Contingency / Reserve Total 2020 $375,218.35 $70,040.76 $40,023.29 $15,008.73 $500,291.13 2021 $412,740.19 $77,044.84 $44,025.62 $16,509.60 $550,320.25 2022 $454,014.20 $84,749.32 $48,428.18 $18,160.56 $605,352.26 2023 $476,714.91 $88,986.79 $50,849.59 $19,068.59 $635,619.88 2024 $500,550.66 $93,436.12 $53,392.07 $20,022.02 $667,400.87 2025 $525,578.19 $98,107.93 $56,061.67 $21,023.12 $700,770.91 2026 $551,857.10 $103,013.33 $58,864.76 $22,074.28 $735,809.47 2027 $579,449.96 $108,163.99 $61,807.99 $23,177.99 $772,599.93 2028 $608,422.45 $113,572.19 $64,898.39 $24,336.89 $811,229.92 2029 $638,843.58 $119,250.80 $68,143.31 $25,553.74 $851,791.43 Total $5,123,389.59 $956,366.07 $546,494.87 $204,935.52 $6,831,186.05 653
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Downtown Visalia PBID Management District Plan Page 9
VII. GOVERNANCE
A. Owners’ Association
The District shall be governed by the Downtown Visalia Property Owner's Association, with oversight from the Visalia City Council. The Downtown Visalia Property Owner's Association shall serve as the Owners’ Association described in the Streets and Highways Code §36651. The Board of Directors of the Association and its staff are charged with the day-to-day operations of the DTVPBID.

A majority of the Board of Directors of the Downtown Visalia Property Owner's Association must be parcel owners paying the DTVPBID assessment. The Board of Directors shall be composed as follows:
 Directors must represent diversity in property and business type, including both large and small property owners, as well as different uses within the DTVPBID boundaries including office, retail, hospitality, government, and non-profits;
 Directors will also include business owners who may not be property owners; and  Directors will also include representatives of both benefit zones.

B. Brown Act & Public Records Act Compliance
An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its Board of Directors or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association must act as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the Association Board of Directors and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.

C. Annual Report
The Association shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 2). The annual report is a prospective report for the upcoming year and must include:

1. Any proposed changes in the boundaries of the DTVPBID or in any benefit zones or classification of property within the district;

2. The improvements, maintenance, and activities to be provided for that fiscal year;

3. The estimated cost of providing the improvements, maintenance, and activities to be provided for that fiscal year;

4. The method and basis of levying the assessment in sufficient detail to allow each real property owner to estimate the amount of the assessment to be levied against his or her property for that fiscal year;

5. The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and

6. The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this Plan.
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VIII. ENGINEER’S REPORT
The DTVPBID’s parcel assessments will be imposed in accordance with the provisions of Article XIIID of the California Constitution. Article XIIID provides that “only special benefits are assessable,”1and requires the City to “separate the general benefits from the special benefits conferred on a parcel.”2 Special benefits are a “particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public-at-large.” 3 Conversely, a general benefit is “conferred on real property located in the district or to the public-atlarge.”4 Assessment law also mandates that “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”5 The Engineer determined the total cost of the improvements, maintenance, and activities, quantified the general benefit accruing to the public-at-large and non-assessed parcels adjacent to and within the DTVPBID, and separated that amount from the special benefit accruing to the assessed parcels.

Then, the Engineer determined the proportional special benefit derived by each parcel and allocated the special benefit value of the improvements, maintenance, and activities accordingly. The Engineer’s determinations and detailed calculations are summarized in this report.

A. Separation of General and Special Benefits
Each of the improvements, maintenance, and activities, and the associated costs and assessments within the DTVPBID, were reviewed, identified, and allocated based on special and general benefits pursuant to Article XIIID of the California Constitution. The assessment has been apportioned based on the proportional special benefits conferred to the assessed parcels located within the DTVPBID boundaries as determined below.

1. General Benefits
Unlike special benefits, which are conferred directly and only upon assessed parcels, a general benefit is conferred on the general public or non-assessed parcels. Existing City and other public services, which are provided to every person and parcel, everywhere within the City, are an example of a general benefit. Although the DTVPBID’s boundaries have been narrowly drawn and programs have been carefully designed to provide special benefits, and improvements, maintenance, and activities will only be provided directly to assessed parcels, it is acknowledged that there will be general benefits as a result of the DTVPBID’s improvements, maintenance, and activities.

The California Constitution mandates that “only special benefits are assessable, and an agency shall separate the general benefits from the special benefits.”6 “Generally, this separation and quantification of general and special benefits must be accomplished by apportioning the cost of a service or improvement between the two and assessing property owners only for the portion of the cost representing special benefits.”7 The first step that must be undertaken to separate general and special benefits provided by the DTVPBID’s improvements, maintenance, and activities is to identify and quantify the general benefits. There are two bodies who can receive general benefits: the publicat-large within the DTVPBID, and non-assessed parcels surrounding the DTVPBID.

1 Cal. Const., art. XIII D, §4(a)
2 Cal. Const., art. XIII D, §4(a)
3 Id., §2(i)
4 Cal Const., art XIII D, §2(i)
5 Cal. Const., art. XIII D, §4(a)
6 Cal. Const., art XIII D, §4(a)
7 Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal.App.4th 416 655
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General Benefit to the Public-at-Large
Although the improvements, maintenance, and activities are narrowly designed and carefully implemented to specially benefit the assessed parcels, and only provided directly to assessed parcels, they will generate a general benefit to the public-at-large within the DTVPBID. State law indicates that “Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.”8 However, “the mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.”9 Further, “the value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.”10 Thus, although there may be some incidental benefit to persons engaged in business on the assessed parcels, that incidental benefit is not considered general benefit because it is inherently produced by improvements, maintenance, and activities that provide special benefits to the assessed parcels. There is, however, a general benefit to persons not engaged in business on the assessed parcels.

Intercept surveys conducted in similar districts have found that approximately 97.3% of pedestrian traffic within PBID boundaries is engaged in business on assessed parcels, while the remaining approximately 2.7% is simply passing through and not engaging in business on the assessed parcels11.

The 2.7% of traffic passing through does not have any connection to the assessed parcels, and therefore does not represent a special benefit to the assessed parcels. The 2.7% will, however, receive a derivative and indirect general benefit as a result of the improvements, maintenance, and activities being provided in the District. Therefore, it is estimated that 2.7% of the benefit created by the District’s services is general benefit provided to the public-at-large. To ensure that the assessment dollars do not fund general benefits to the public-at-large, that portion of the cost of improvements, maintenance, and activities will be paid for with funds not obtained through assessments. Using the 2.7% figure, based on the initial year improvement, maintenance, and activity budget, the value of this general benefit to the public-at-large is $14,179.86 ($525,179.97*0.027).

General Benefit to Non-Assessed Parcels
Although they are only provided directly to the assessed parcels, the DTVPBID’s improvements, maintenance, and activities may also confer general benefits upon non-assessed parcels surrounding the DTVPBID. One study examining property values in PBID areas found “no evidence of spillover impacts (either good or bad) on commercial properties located just outside the BID’s boundaries;”12 however, the California Court of Appeals has stated that “services specifically intended for assessed parcels concomitantly confer collateral general benefits to surrounding properties.”13 It is reasonable to conclude that improvements, maintenance, and activities within the DTVPBID will have an incidental impact on non-assessed parcels surrounding the DTVPBID boundaries. Although the legislature has indicated that “the value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based

8 Streets and Highways Code section 36601(h)(2)
9 Ibid
10 Streets and Highways Code section 36622(k)(2)
11 Surveys conducted in: North Park, San Diego (January 2015); Mack Road, Sacramento (July 2014); and Sunrise MarketPlace, Citrus Heights (December 2013)
12 Furman Center for Real Estate & Urban Policy; The Impact of Business Improvement Districts on Property Values: Evidence from New York City (2007) p. 4
13 Beutz v. Riverside (2010) 184 Cal.App.4th 1516
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district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit,”14 the California Court of Appeals has noted that “the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement…or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement.”15 Those derivative and indirect impacts are considered general benefits and will be quantified and separated.

In this Engineer’s opinion, because improvements, maintenance, and activities are provided only within the DTVPBID and on its perimeter, parcels separated from the DTVPBID by either at least one intervening parcel or an impassable physical barrier such as a wall, railroad track, freeway, or ditch will not receive spill over benefits. Parcels separated from the DTVPBID will not benefit because they are physically removed from the actual location of improvements, maintenance, and activities provided, and do not face serviced parcels. Therefore, this analysis considers non-assessed surrounding parcels that are immediately adjacent to and accessible from the DTVPBID’s boundaries.

The total DTVPBID improvement, maintenance, and activity budget for the first year is $525,179.97.

After reducing the improvement, maintenance, and activity budget by the general benefit to the public-at-large ($14,179.86), the remaining benefit to parcels is $511,000.11. This benefit has been distributed to both assessed and non-assessed parcels using the following methodology. The general benefit to the public-at-large has been proportionally allocated to the DTVPBID’s improvement, maintenance, and activity categories as shown in the following table.

Category Benefit to Parcels Benefit to
Public-at-Large Total
Environmental Enhancements $383,695.86 $10,647.27 $394,343.13 Economic Enhancements $71,094.24 $1,972.81 $73,067.05
Administration; Contingency/Reserve $56,210.01 $1,559.78 $57,769.79 TOTAL $511,000.11 $14,179.86 $525,179.97
To determine the general benefit to parcels, the Engineer assigned each parcel group a benefit factor, determined the appropriate parcel characteristic to use in the calculation, multiplied the benefit factor by the benefit characteristic to determine the benefit units attributable to each parcel group, and apportioned the remaining service cost (service cost minus general benefit to the public) in accordance with the benefit units derived by each parcel group.

Benefit Factors
All parcels within and adjacent to the DTVPBID have been assigned a benefit factor to mathematically represent the proportional special and general benefit and quantify the value of each.

The determination of benefit factors for each type of improvement, maintenance, and activity follows.

Improvements
The improvements to be provided by the DTVPBID provide two types of special benefits:

14 Streets and Highways Code section 36622(k)(2)
15 Tiburon v. Bonander (2009) 180 Cal.App.4th 1057, 1077 657
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Improvement – The primary special benefit provided by the DTVPBID’s improvements is the improvements themselves, which are available to tenants and customers of assessed parcels.

Proximity – The DTVPBID’s improvements also provide the special benefit of being in proximity to a parcel that is benefitting from an improvement, as parcels will enjoy the spillover benefits of neighboring parcels utilizing the improvements.

The majority of the benefit is the improvements themselves; proximity is a lesser benefit. It is this Engineer’s estimation that eighty-five percent (85%) of the special benefit from the DTVPBID’s improvements is the improvement, while the presence and proximity special benefits each account for fifteen percent (15%) of the special benefit. Assessed parcels will receive both benefits; nonassessed parcels within and adjacent to the DTVPBID will not be directly improved, and therefore only receive the general benefit of proximity.

Tangible Activities
The tangible activities (those that are physically provided via a person or people working throughout the DTVPBID) to be provided by the DTVPBID generate three types of special benefits:

Service – The primary special benefit provided by the DTVPBID’s physical activities is the actual service.

Presence – The DTVPBID’s physical activities also provide the special benefit of an individual’s presence on the assessed parcel as the activities are provided, which can have a deterrent effect and creates a positive impression that the area is well-maintained and safe.

The “Disneyland effect” is the benefit the parcels receive from the observation that parcels are being maintained. There are studies which link the perception of cleanliness to a perception of increased security.

Proximity – The DTVPBID’s physical activities also provide the special benefit of being in proximity to a cleaner, safer parcel. Neighboring parcels enjoy the spillover benefits of being adjacent to increased safety and cleanliness.

The majority of the benefit received by the parcels is the results of the DTVPBID’s services; onsite presence and proximity are lesser benefits. It is this Engineer’s estimation that seventy-five percent (75%) of the special benefit from the DTVPBID’s physical activities is the service, while the presence and proximity benefits each account for twelve and one-half percent (12.5% presence,

12.5% proximity) of the special benefit. Assessed parcels will receive all three benefits; non-assessed parcels within and adjacent to the DTVPBID will not be directly serviced by individuals present on the parcels and therefore only receive the general benefit of proximity.

Intangible Activities
Some of the DTVPBID’s activities, such as marketing, are distinct in that they are not provided to a targeted area within the DTVPBID, rather they are provided via Internet, radio, and other forms of media and targeted at an audience outside the DTVPBID in an effort to bring the audience into the DTVPBID. These activities provide two types of special benefits:

Direct Exposure – The primary special benefit provided by the DTVPBID’s intangible activities is exposure. The intangible activities increase awareness of the DTVPBID as a commercial and business destination and lead to increased patronage.

Incidental Exposure – The DTVPBID’s intangible activities will also have a secondary special benefit of incidental exposure, such as word-of-mouth exposure, that results from the direct 658
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exposure and increases awareness of the DTVPBID as a commercial and business destination.

The majority of the benefit from these activities is the direct exposure; the incidental exposure is a lesser benefit. It is this Engineer’s estimation that ninety percent (90%) of the special benefit from the intangible activities is direct exposure, while ten percent (10%) is incidental exposure. Assessed parcels will receive both as special benefits; non-assessed parcels within and adjacent to the DTVPBID will not be directly marketed and therefore only receive the general benefit of incidental exposure.

Factors Determined
Based on the foregoing analysis, all assessed parcels within the DTVPBID specially benefit from the DTVPBID’s improvements, maintenance, and activities, and have been assigned a benefit factor of

1.0. Parcels that are not assessed have been assigned benefit factors based on the portion of the benefit they will receive, as described above. The non-assessed parcels will benefit from 15% of the improvements, 12.5% of the tangible activities, and 10% of the intangible activities; therefore they have been assigned benefit factors of 0.150, 0.125, and 0.100, respectively.

Non-Assessed Benefit Characteristics
There are two types of parcels that are not assessed; those within the DTVPBID and those immediately adjacent to and accessible from the DTVPBID. Because they generally benefit in a differing manner, distinct parcel characteristics are used to quantify the general benefit to each type.  Inside – Non-assessed parcels inside of the DTVPBID are surrounded by parcels that are assessed and receiving the full special benefits; they will, therefore, receive the general benefit of proximity. These parcels are impacted on more than one side by the DTVPBID’s improvements, maintenance, and activities and improvements, maintenance, and activities are provided all around them. Because these parcels are surrounded by specially benefitted parcels, it is appropriate that parcel square footage be used to measure the general benefit they receive.
 Adjacent – Adjacent parcels are those that are immediately adjacent to or directly across the street from specially benefitted parcels, and accessible from specially benefitted parcels.

These parcels generally benefit differently than those inside the DTVPBID, because these parcels are adjacent to, rather than surrounded by, specially benefitted parcels. Square footage is not an appropriate measure of benefit to these parcels. Because the parcels are not surrounded by serviced parcels, a long, shallow parcel with the same square footage as a deep, narrow parcel will receive a different level of general benefit. Likewise, two parcels with the same depth but a different width adjacent to serviced parcels will benefit differently.

To account for this difference, it is appropriate that parcel linear frontage be used to measure the general benefit the adjacent parcels receive.

Calculations
To quantify and separate the general benefit to non-assessed parcels, the following calculations were undertaken for each budget category.

1. The total service budget for each category was determined and the amount of general benefit to the public-at-large was subtracted from the category budget.

2. The benefit factor applicable to each improvement, maintenance, or activity was multiplied by the linear frontage of assessed and non-assessed parcels, to determine the number of benefit units received by each parcel group. 659
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3. The benefit units for all parcel groups were summed, and the percentage of benefit units attributable to each parcel group was calculated.

4. The total remaining improvement, maintenance, and activity budget, less the amount already determined to be general benefit to the public-at-large, was allocated to general and special benefit categories for each parcel group using the calculated benefit percent and applicable benefit characteristic methodology.

5. The special and general benefit resulting from the administration and contingency / reserve portions of the budget were determined based on the proportional allocation of benefits derived from improvements, maintenance, and activities.

Environmental Enhancements
The environmental enhancements budget, minus the amount of general benefit to the public-atlarge, is $383,695.86. The calculations below determine the amount of general benefit to nonassessed parcels within the DTVPBID. The environmental enhancements budget category contains both improvements and tangible activities; out of an abundance of caution, the Engineer used the higher 0.150 benefit factor to quantify the general benefit.

Parcel Type
Square
Footage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Assessed 5,767,417 X 1.000 =5,767,417.00 99.428% X $383,695.86 = $381,502.67 Non-Assessed 221,039 X 0.150 =33,155.85 0.572% X $383,695.86 = $2,193.19 The environmental enhancements budget, minus the amount of general benefit to the public and non-assessed parcels within the DTVPBID, is $381,502.67. The calculations below determine the amount of general benefit to parcels adjacent to the DTVPBID.

Parcel Type
Linear
Frontage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Inside 95,991 X 1.000 =95,991.00 98.353% X $381,502.67 = $375,218.35 Adjacent 10,718 X 0.150 =1,607.70 1.647% X $381,502.67 = $6,284.32 Therefore, the allocation of the environmental enhancements budget is as follows:

General Benefit – Public At Large $10,647.27
General Benefit – Inside Parcels $2,193.19
General Benefit – Adjacent Parcels $6,284.32
Special Benefit $375,218.35
Total $394,343.13
Economic Enhancements
The economic enhancements budget, minus the amount of general benefit to the public-at-large, is $71,094.24. The calculations below determine the amount of general benefit to non-assessed parcels within the DTVPBID. The economic enhancements budget category contains intangible activities; the Engineer used the 0.100 benefit factor to quantify the general benefit. 660
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Parcel Type
Square
Footage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Assessed 5,767,417 X 1.000 =5,767,417.00 99.618% X $71,094.24 = $70,822.81 Non-Assessed 221,039 X 0.100 =22,103.90 0.382% X $71,094.24 = $271.43 The economic enhancements budget, minus the amount of general benefit to the public and nonassessed parcels within the DTVPBID, is $70,822.81. The calculations below determine the amount of general benefit to parcels adjacent to the DTVPBID.

Parcel Type
Linear
Frontage
Benefit
Factor Benefit Units
Benefit
Percent
Remaining
Budget
Inside 95,991 X 1.000 =95,991.00 98.896% X $70,822.81 = $70,040.76 Adjacent 10,718 X 0.100 =1,071.80 1.104% X $70,822.81 = $782.05 Therefore, the allocation of the economic enhancements budget is as follows:

General Benefit – Public At Large $1,972.81
General Benefit – Inside Parcels $271.43
General Benefit – Adjacent Parcels $782.05
Special Benefit $70,040.76
Total $73,067.05
Administration; Contingency / Reserve
The administration and contingency / reserve budget line items relate to the improvements, maintenance, and activities provided. These costs have been allocated proportionally based on the special and general benefit provided by each category.

Special Benefit to
Parcels
General Benefit
to Parcels
Environmental Enhancements $375,218.35 $8,477.51
Economic Enhancements $70,040.76 $1,053.48
Improvement, Maintenance, and Activity Totals $445,259.11 $9,530.99 Percent 97.904% 2.096%
Administration; Contingency / Reserve $55,032.02 $1,177.99 Total Parcel Benefits $500,291.13 $10,708.98
iv. Total Benefits
Based on the foregoing calculations, the total benefits to assessed parcels, non-assessed parcels, and the general public are:

Special Parcel General Public Total
Environmental Enhancements $375,218.35 $8,477.51 $10,647.27 $394,343.13 661
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Economic Enhancements $70,040.76 $1,053.48 $1,972.81 $73,067.05 Administration;
Contingency / Reserve $55,032.02 $1,177.99 $1,559.78 $57,769.79 Total $500,291.13 $10,708.98 $14,179.86 $525,179.97
c. Non-Assessment Funding
The programs funded by the DTVPBID receive additional non-assessment funding in the form of city funding, grants, corporate sponsorships, event income, and other miscellaneous funds. These funding sources are anticipated to equal or exceed the amount of general benefit conferred annually by the DTVPBID’s improvements, maintenance, and activities, $24,888.84. These non-assessment funds will be used to pay for the general benefit provided by the DTVPBID’s improvements, maintenance, and activities, ensuring that parcel assessments will only be used to provide special benefits.

2. Special Benefit
The improvements, maintenance, and activities to be provided by the DTVPBID constitute and convey special benefits directly to the assessed parcels. Assessment law requires that “the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided.”16 Further, “no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”17 Special benefit “includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed.”18 To determine the total special benefit value to be conveyed to the assessed parcels, we deduct the general benefit value ($24,888.84) from the total value of the improvements, maintenance, and activities ($525,719.97). The remaining $500,291.13 is considered the special benefit to assessed parcels (the “Total Assessment”). The Total Assessment represents the total value of the special benefit to be provided by the improvements, maintenance, and activities. The Total Assessment has been proportionally divided among the assessed parcels so that no assessment exceeds the reasonable cost of the proportional special benefit conferred on a parcel. The assessment rate has been designed to ensure that “properties that receive the same proportionate special benefit pay the same assessment.”19
Service Provided
Total Benefit
Value
General
Benefit
Value to
Public
Benefit Value
to Parcels
(Special &
General)
Special Benefit
to Assessed
Parcels
Environmental Enhancements $394,343.13 $10,647.27 $383,695.86 $375,218.35 Economic Enhancements $73,067.05 $1,972.81 $71,094.24 $70,040.76 Administration $42,014.40 $1,134.39 $40,880.01 $40,023.29

16 Cal. Const., art XIII D §4(a)
17 Ibid
18 Streets and Highways Code section 36615.5
19 Tiburon v. Bonander (2009) 180 Cal.App.4th 1057
662
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Contingency / Reserve $15,755.39 $425.39 $15,330.00 $15,008.73 TOTAL $525,179.97 $14,179.86 $511,000.11 $500,291.13
B. Assessment Methodology

1. Base Formula
Each parcel will be assessed based on proportional special benefits received. The variables used for the annual assessment formula are parcel size and benefit zone. These variables are appropriate measures of the proportional special benefit because the need for services, level of services, and quantity of services are all relative to these variables; thus the special benefit provided to each parcel by the services can be proportionally measured using these variables.

Determination of Assessment Rates
“Because not all parcels in the district are identical in size…some will receive more special benefit than others.”20 Each of the variables used relates directly to the service level and special benefit provided to each parcel. Parcel square footage is the size of the parcel, measured in square feet.

Size is an appropriate measure of proportional special benefit because it relates directly to the quantity of services provided to the parcel, the highest and best use of a parcel, and reflects the longterm value implications of the DTVPBID. The larger a parcel, the more services and benefit the parcel will receive.

To determine the assessment rates, the assessed parcels were classified by the estimated benefit assessed parcels receive, the estimated special benefit value of the improvements, maintenance, and activities provided to each type was determined based on approximate cost of service provision, and an assessment rate that is proportional to the estimated proportional benefit received by assessed parcels was determined.

To determine the assessment rates, the estimated special benefit value for assessed parcels was divided by the total assessable parcel square footage as shown in the tables below.

Parcel Size
The DTVPBID’s services will benefit each assessed parcel as a whole. The service budget which, in this Engineer’s estimation, represents special benefits to the parcels, has been allocated based on parcel size.

Parcel Type Initial Parcel
Size Budget
Parcel Square
Footage
Initial Parcel
Assessment
Rate
($/sqft/yr)
Zone 1 Commercial $354,800.32 ÷ 2,534,288 = $0.1400
Zone 2 Commercial $145,490.81 ÷ 3,233,129 = $0.0450
Summary of Assessment Rates
Therefore, for the initial year, the maximum annual assessment rates to parcels are as shown below and in Appendix 1. Maximum annual assessment rates may be subject to an increase of no more than ten percent (10%) per year for the second and third years of the renewed term and no more than five percent (5%) per year for the fourth through tenth years of the renewed term, as shown in Appendix 1.

20 Dahms v. Downtown Pomona (2009) 174 Cal.App.4th 708
663
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Initial Parcel Assessment Rates
Parcel Type Parcel Size
(sq. ft.)
Zone 1 Commercial $0.1400
Zone 2 Commercial $0.0450
Sample assessment calculations are shown in Appendix 3.

2. Commercial Parcels
Commercial parcels will receive and benefit from all DTVPBID services, and will therefore be assessed the full rate.

3. Publicly-Owned Parcels
Under “The Right to Vote on Taxes Act” (also known as Proposition 218) all public parcels are required to pay assessments unless they can demonstrate by clear and convincing evidence that their parcels do not receive a special benefit. Publicly owned parcels will receive and specially benefit from all of the District’s services and will therefore be assessed the full rate.

4. Non-Assessed Parcels
There are twenty-six (26) parcels within the DTVPBID that will not be assessed. These parcels are not commercial or publicly-owned parcels and will not specially benefit from or directly receive the DTVPBID’s improvements, maintenance, and activities. These parcels are accounted for in the analysis of general benefit provided to non-assessed parcels within the DTVPBID. These parcels have the following uses:
 Residential Parcels: There are twenty-four (24) residential parcels within the DTVPBID boundary that will not be assessed. The state legislature has determined that “properties zoned solely for residential use...are conclusively presumed not to benefit from the improvements and services funded through these assessments, and shall not be subject to any assessment.”.21 The services and improvements to be provided are designed to specially benefit commercial and publicly-owned parcels by attracting and increasing customers and visitors to assessed parcels and by improving the maintenance and safety of the assessed parcels. None of these benefits apply to residential parcels, which will not be serviced or benefit from the DTVPBID’s improvements, maintenance, and activities. Residential parcels are those parcels with four family units or less and planned unit development of single family residences.  Utility Parcel: There is one (1) parcelized railroad track within the DTVPBID boundary that will not be assessed. The vast majority of railroad tracks are not parcelized; this parcel is an oddity. Because the vast majority of railroad tracks are not parcelized and cannot be assessed, and will not receive or benefit from DTVPBID programs, this railroad track parcel is also not assessed.
 Miscellaneous Parcel: There is one (1) parcel that is a pedestrian thoroughfare and does not have a commercial component. The vast majority of pedestrian thoroughfares are not parcelized; this parcel is an oddity. Because the vast majority of pedestrian thoroughfares are not parcelized and cannot be assessed, and will not receive or benefit from DTVPBID programs, this pedestrian thoroughfare parcel is also not assessed.

21 Streets and Highways Code section 36632(c)
664
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5. Changes in Data
It is the intent of this Plan and Engineer’s Report that each parcel included in the DTVPBID can be clearly identified. Every effort has been made to ensure that all parcels included in the DTVPBID are consistent in the boundary map and the assessment calculation table. However, if inconsistencies arise, the order of precedence shall be: 1) the assessment calculation table and 2) the boundary map.

If the parcel size or type of a parcel changes during the term of this DTVPBID, the assessment calculation may be modified accordingly.

C. Assessment Notice
During the hearing process, an Assessment Ballot will be sent to owners of each parcel in the DTVPBID. The Assessment Ballot provides an estimated assessment. The final individual assessment for any particular parcel may change, up or down, if the parcel square footage or parcel type differ from those used to calculate the amount shown on the notice, which can be found in Appendix 3.

D. Time and Manner for Collecting Assessments
As provided by State Law, the DTVPBID assessment will appear as a separate line item on annual property tax bills prepared by the County of Tulare. Property tax bills are generally distributed in the fall, and payment is expected by lump sum or installment. The County of Tulare shall distribute funds collected to the Association. Existing laws for enforcement and appeal of property taxes, including penalties and interest, apply to the DTVPBID assessments.

E. Engineer’s Certification
I hereby certify, to the best of my knowledge and experience, that each of the identified assessed parcels located within the Downtown Visalia Property and Business Improvement District will receive a special benefit over and above the general benefits conferred and that the amount of the assessment is no greater than the proportional special benefits conferred on each parcel, as described in this Engineer’s Report.

Review of this Downtown Visalia Property and Business Improvement District Management District Plan and preparation of the Engineer’s Report was completed by:
__________________________
Ross Peabody
State of California
__________
Date
This Engineer’s Report is intended to be distributed as part of the Management District Plan in its entirety, including the Assessment Calculation Table (Appendix 3) and the Boundary Map. Reproduction and distribution of only Section VIII of this Management District Plan violates the intent of this stamp and signature. 665
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APPENDIX 1 – MAXIMUM ANNUAL ASSESSMENT RATES
The table below illustrates the maximum annual assessment rate with the assumption that the rates will be increased annually by ten percent (10%) per year for the second and third years of the renewed term and by five percent (5%) per year for the fourth through tenth years of the renewed term with approval of the Association Board of Directors. The maximum rates listed are a required disclosure and not the anticipate course of action.

Maximum Parcel Assessment Rates
Year Benefit Zone Commercial
2020
Zone 1 $0.140
Zone 2 $0.045
2021
Zone 1 $0.154
Zone 2 $0.050
2022
Zone 1 $0.169
Zone 2 $0.054
2023
Zone 1 $0.178
Zone 2 $0.057
2024
Zone 1 $0.187
Zone 2 $0.060
2025
Zone 1 $0.196
Zone 2 $0.063
2026
Zone 1 $0.206
Zone 2 $0.066
2027
Zone 1 $0.216
Zone 2 $0.069
2028
Zone 1 $0.227
Zone 2 $0.073
2029
Zone 1 $0.238
Zone 2 $0.077
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APPENDIX 2 – PBID LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2019 SUPPLEMENT *** (ALL 2018 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part

This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance

The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. 667
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(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part

The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act.

This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. Preemption of authority or charter city to adopt ordinances levying assessments

Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).
36603.5. Part prevails over conflicting provisions

Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability

This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions
36606. “Activities”

“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”

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“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. “Business”
“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”

“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”

“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”

“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”

“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”

“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”

“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”

“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for 669
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any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district.
36614. “Property”

“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District”

“Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”

“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”

“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”

“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”

“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
36616. “Tenant”

“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions

This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
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36620. Establishment of property and business improvement district

A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council

A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district

(a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan

The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 671
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36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part.
(d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel.

Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment

(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the 672
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owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments

At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627.
36625. Resolution of formation

(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

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boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram

Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625 or Section 36626, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses

The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.
36628.5. Assessments on businesses or property owners

The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property-based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories

All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district

If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments

The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
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36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property

(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment

The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services

The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan

The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Reflection of modification in notices recorded and maps

(a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps

Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. 675
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CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council

(a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 676
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36651. Designation of owners’ association to provide improvements, maintenance, and activities

The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit

(a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses.
(c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure

(a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district

(a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property 677
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Downtown Visalia PBID Management District Plan Page 33
or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.
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APPENDIX 3 – PARCEL ASSESSMENT CALCULATIONS
MAP

KEY APN OWNER NAME LOT SIZE ASSESSMENT ZONE
1 093-175-007 VAN RYN JONATHAN A & NIKKI M (TRS) 17161 $772.25 2 2 093-175-009 MINYARD DAVID & LYNN A 6098 $274.41 2
3 093-175-010 LOMELLI MARIA C 11267 $0.00 2
4 093-176-003 ALI KARIM K 16428 $739.26 2
5 093-176-005 VINTAGE PRESS INC 7125 $320.63 2
6 093-181-001 FABRIE JERRY & EVELYN 7314 $329.13 2
7 093-181-006 KITCHEN WILLIAM R & JUDIETH K 8712 $0.00 2 8 093-181-007 PRICE & PRICE OPTOMETRISTS 6079 $273.56 2 9 093-181-008 RODARTE ELPIDIO 6161 $277.25 2
10 093-181-009 KWONG CARINA KAR MAY 5137 $231.17 2
11 093-181-012 TAYS ROBERT C (TR) 15688 $705.96 2
12 093-181-014 RICO CHARLES L JR & VIRGINIA A(TRS) 17548 $789.66 2 13 093-181-015 PETERS JOHN & SUZETTE 5877 $264.47 2
14 093-181-016 FARLEY MICHAEL & DIANE 25609 $1,152.41 2 15 093-181-017 CANERDAY CHAD 13700 $616.50 2
16 093-181-018 PETERS JOHN & SUZETTE 13385 $602.33 2
17 093-181-019 KITCHEN ERIC ALLEN 15924 $716.58 2
18 093-181-020 UNION PACIFIC RAILROAD CO 15611 $0.00 2
19 093-183-002 CARY KAREN ANN(TR)(CREDIT SHELTER T 7695 $346.28 2 20 093-183-003 CARY KAREN ANN (TR)(CREDIT SHELTER 10125 $455.63 2 21 093-183-006 BARRON RITA S & RICHARD B 8844 $397.98 2 22 093-183-010 J & P WALNUTS LP 8844 $397.98 2
23 093-183-011 VINTAGE PRESS INC 18348 $825.66 2
24 093-183-012 PARENTING NETWORK INC 17292 $778.14 2
25 093-184-003 INKSTER PATRICK J (TR) 8068 $0.00 2
26 093-184-004 MILLER WARREN BENTON II(TR)(WBM II 8712 $392.04 2 27 093-184-007 TRALEIKA LLC 7060 $317.70 2
28 093-184-008

TMSTERS CRMRY EMPS & DRVRS UN
#517 5990 $269.55 2
29 093-184-009 BROADMAN HOWARD R(TR)(LIV TR) 5034 $226.53 2 30 093-184-010 MILLER DAVID & BEVERLY (CO-TRS)(REV 2394 $107.73 2 31 093-184-011

EVANS EDWARD D & BRENDA
K(TRS)E&BE 12273 $552.29 2
32 093-184-012 MENDOZA MARIO & MANDI L 8500 $0.00 2
33 093-184-013 ELITE LIMOUSINE CA GP 7634 $343.53 2
34 093-185-003 TSCHANNEN BRUCE 8712 $392.04 2
35 093-185-004 CHAN JASON 8118 $365.31 2
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36 093-185-005 VISALIA CITY OF 8118 $1,136.52 1
37 093-185-006 VISALIA CITY OF 8118 $1,136.52 1
38 093-185-016 VINTAGE PRESS INC THE 15870 $2,221.80 1
39 093-185-017 VINTAGE PRESS INC THE 17388 $782.46 2
40 093-186-001 R H C ASSOCIATES 69791 $3,140.60 2
41 093-187-001 JV-KC REAL ESTATE PROPERTIES 7924 $0.00 2 42 093-187-002 HERFURTH JAMES R & SHIRLEY F (TRS) 9508 $427.86 2 43 093-187-003 HERFURTH JAMES R & SHIRLEY F (TRS) 8714 $392.13 2 44 093-187-004 JV-KC REAL ESTATE PROPERTIES 8717 $0.00 2 45 093-187-011 JVKC REAL ESTATE PARTNERSHIP 11480 $516.60 2 46 093-187-012 LEAL ROBERT & STACY 13782 $620.19 2
47 093-187-013 JVKC REAL ESTATE PARTNERSHIP 9588 $431.46 2 48 093-188-001

MC CULLOUGH WILLIAM A JR &
ESPERANZ 6570 $295.65 2
49 093-188-002 HILL CLARENCE H (TR) (REV TR) 6678 $300.51 2 50 093-188-003 HILL CLARENCE H (TR) (REV TR) 6678 $300.51 2 51 093-188-004 HILL CLARENCE (TR) (REV TR) 6678 $300.51 2 52 093-188-005 LEDFORD DIANE F & MERL III(TRS FAM 6678 $300.51 2 53 093-188-006 VOONG CALVON MD 6678 $300.51 2
54 093-188-007 RAIBLEY JOHN C & BARBARA J(TRS)(REV 6678 $300.51 2 55 093-188-010 SPRAGUE KEITH M & DARLENE M 6448 $290.16 2 56 093-188-011

GROEN GREGORY D & MARJORIE
JOANNE ( 13356 $601.02 2
57 093-191-001 CELILLO DON G (TR) 6552 $294.84 2
58 093-191-002 CELILLO DON G (TR) 6678 $300.51 2
59 093-191-003 CELILLO DON G (TR) 6678 $300.51 2
60 093-191-009 CELILLO DON G (TR) 6678 $300.51 2
61 093-191-010 CELILLO DON G(TR) 6678 $300.51 2
62 093-191-011 CELILLO DON G (TR) 6552 $294.84 2
63 093-191-012 WEST AMERICA BANK 13356 $601.02 2
64 093-191-013 MC INTOSH FAMILY LP 13356 $601.02 2
65 093-192-001 SAMUEL MARGUERITE(TR)(M S LIV TR) 8712 $392.04 2 66 093-192-002 LUISI STEVEN D & SHARON L (TRS) 8712 $392.04 2 67 093-192-003 PRO DEVELOPMENT LLC 17424 $784.08 2
68 093-192-004 NASH LIMITED PARTNERSHIP 8712 $392.04 2
69 093-192-005 PETERSON PAUL STANLEY & MONICA 8712 $392.04 2 70 093-192-006 LUISI STEVEN D & SHARON L (TRS) 8712 $392.04 2 71 093-192-007 SCHNEIDER GERALD M & NANCY L(TRS) 8712 $392.04 2 72 093-193-001 SA SUZANNE & LESLIE 8712 $392.04 2
73 093-193-007 VISALIA MEMORIAL DISTRICT 26136 $1,176.12 2 680
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74 093-193-010 MILLER PRESTON 12936 $582.12 2
75 093-193-014 GHS PROPERTIES 13200 $594.00 2
76 093-193-015 VALLEY OAK CREDIT UNION 7260 $326.70 2
77 093-194-002 WHITLATCH LYMAN W & CLARE (TRS) 5357 $749.98 1 78 093-194-012 ARAGON LLC 11088 $1,552.32 1
79 093-194-013 REGENCY INVESTMENTS GP 8220 $1,150.80 1
80 093-194-014 REGENCY INVESTMENTS GP 2868 $401.52 1
81 093-194-016 DOE RUSSELL M & TAMARA J (TRS)(CH R 15708 $2,199.12 1 82 093-194-019 PERRY DANIEL M (TR) 5544 $776.16 1
83 093-194-021 MARTIN & MARTIN PROPERTIES LLC 16016 $2,242.24 1 84 093-195-001 OUZOUNIAN INVESTMENTS I 25700 $3,598.00 1 85 093-195-005 SUNCREST BANK 17381 $2,433.34 1
86 093-195-006 SUNCREST BANK 24400 $3,416.00 1
87 093-196-001 ANUPA INC 17424 $784.08 2
88 093-196-011 NASH PROPERTIES LLC 26136 $1,176.12 2
89 093-196-015 MACKLIN KAREN L 4914 $221.13 2
90 093-196-016 MACKLIN KEVIN A 3777 $169.97 2
91 093-196-017 KENT STEPHEN F & MARCIA N (TRS) 8712 $392.04 2 92 093-196-018 YEHYA NASSER AHMED 8712 $392.04 2
93 093-197-003 VALLEY BUSINESS BANK 3300 $148.50 2
94 093-197-005 BINESH BORNA 5742 $258.39 2
95 093-197-006

SIMONIAN THOMAS & CYNTHIA (TRS S
LI 2970 $133.65 2
96 093-197-007

COPPOLA GARY A(SCSR TR)(VMC REV
TR) 14111 $635.00 2
97 093-197-008 VALLEY BUSINESS BANK 43560 $1,960.20 2
98 093-198-001 VISALIA CITY OF 12600 $567.00 2
99 093-198-002 DOUGHERTY LISA M 6360 $286.20 2
100 093-198-003 ALLEN DAVID E & JAMIE E 6360 $286.20 2
101 093-198-004 EVANS BRUCE L & CYNTHIA R(TRS)(B&CE 6360 $286.20 2 102 093-198-007 MANGINI PROPERTIES FAMILY LP 6784 $305.28 2 103 093-198-008 COHN DAVID & CARYL (TR) 6430 $289.35 2
104 093-198-009 WAGNER SUSAN ALDRICH 6990 $0.00 2
105 093-198-010 SETTIMI JANINE(TR FAM TR) 13516 $608.22 2 106 093-201-003 VISALIA CITY OF 8190 $0.00 2
107 093-201-007 VISALIA CITY OF 7788 $350.46 2
108 093-201-008 VISALIA CITY OF 5691 $256.10 2
109 093-201-009 VISALIA CITY OF 5624 $0.00 2
110 093-201-010 VISALIA CITY OF 5919 $0.00 2
111 093-201-011 VISALIA CITY OF 7146 $0.00 2
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112 093-201-012 KAWEAH DELTA HEALTH CARE DISTRICT 18649 $839.21 2 113 093-201-013 KAWEAH DELTA HEALTH CARE DISTRICT 5800 $261.00 2 114 093-201-014 KAWEAH DELTA HEALTH CARE DISTRICT 7424 $334.08 2 115 093-201-015 KAWEAH DELTA HEALTH CARE DISTRICT 5800 $261.00 2 116 093-201-016 KAWEAH DELTA HEALTH CARE DISTRICT 5275 $237.38 2 117 093-201-018 VISALIA CITY OF 23489 $1,057.01 2
118 093-201-019 KAWEAH DELTA HEALTH CARE DISTRICT 1618 $72.81 2 119 093-201-020 KAWEAH DELTA HEALTH CARE DISTRICT 13854 $623.43 2 120 093-201-022 VISALIA CITY OF 14900 $670.50 2
121 093-201-023 POSTON JEFFERY L & MARLENE A(TRS)(R 17925 $806.63 2 122 093-202-002 VISALIA CITY OF 160556 $7,225.02 2
123 093-203-001 TSK LLC 8714 $392.13 2
124 093-203-004 KAWEAH DELTA HEALTH CARE DIST 8707 $391.82 2 125 093-203-008 KAWEAH DELTA HEALTH CARE DISTRICT 2904 $130.68 2 126 093-203-009 KAWEAH DELTA HEALTH CARE DISTRICT 3036 $136.62 2 127 093-203-010 CHERNEY PHILLIP H & LORI A 2805 $126.23 2 128 093-203-013 KAWEAH DELTA HEALTH CARE DISTRICT 13935 $627.08 2 129 093-203-014 KAWEAH DELTA HEALTH CARE DISTRICT 12486 $561.87 2 130 093-203-015 HILL CLARENCE H (TR) (REV TR) 17418 $783.81 2 131 093-204-001 RUSSELL T MITTS INC 8612 $1,205.68 1
132 093-204-002 RUSSELL T MITTS INC 8873 $1,242.22 1
133 093-204-009

MITTS THOMAS F(TR)(TR A UWO LINDA
K 16928 $2,369.92 1
134 093-204-018 KAWEAH DELTA HEALTH CARE DISTRICT 18820 $846.90 2 135 093-204-019 VISALIA CITY OF 16416 $0.00 2
136 093-204-020 KAWEAH DELTA HEALTH CARE DISTRICT 91911 $4,136.00 2 137 093-206-002 SORENSEN BRANDON N & CALI CARLIN 10824 $487.08 2 138 093-206-009 CRISTALLO LUIGI 10738 $483.21 2
139 093-206-012 KAWEAH DELTA HEALTH CARE DISTRICT 30793 $1,385.69 2 140 093-206-013 KAWEAH DELTA HEALTH CARE DISTRICT 1742 $78.39 2 141 093-206-014 KAWEAH DELTA HEALTH CARE DISTRICT 4859 $0.00 2 142 093-206-015 JOHNSON ROGER A & LYDIA A (TRS) 8250 $371.25 2 143 093-206-016 JOHNSON ROGER A & LYDIA A (TRS) 7237 $325.67 2 144 093-224-006 PATINO ALEXANDER N & MARIE L (TRS) 6678 $0.00 2 145 093-225-005 ADENIJI ADEGOKE 6572 $0.00 2
146 093-225-006 JACKSON JOHN K 6572 $295.74 2
147 093-231-009 CH-VISALIA COMMUNITY COVENANT 30165 $1,357.43 2 148 093-232-002 KISER JACOB & JAE 13386 $0.00 2
149 094-100-041 VISALIA CITRUS PACKING GROUP LP 22214 $999.63 2 150 094-100-042 VISALIA CITRUS PACKING GROUP LP 32275 $1,452.38 2 682
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151 094-221-010 VISALIA CITY OF 24893 $3,485.02 1
152 094-221-015 MISSION LINEN SUPPLY 9331 $1,306.34 1
153 094-221-016 4 CREEKS INVESTMENTS LLC 35719 $5,000.66 1 154 094-231-001

WILLIAM & DORIS LAND & ENERGY CO
LL 1184 $165.76 1
155 094-231-014

WILLIAM & DORIS LAND & ENERGY CO
LL 16334 $2,286.76 1
156 094-231-021 EZELL HUGH L (610) 1686 $236.04 1
157 094-231-023

WILLIAM & DORIS LAND & ENERGY CO
LL 16847 $2,358.58 1
158 094-235-019 SHARMA DINESH & DIANE L(TRS)(REV LI 30800 $4,312.00 1 159 094-240-001 ELMA LAND 12141 $546.35 2
160 094-240-002 VISALIA CITY OF 21780 $980.10 2
161 094-240-013 AEQUUS HOLDINGS LLC 19496 $2,729.44 1
162 094-240-040 VISALIA CITY OF 23986 $1,079.37 2
163 094-240-041 VISALIA CITY OF 12842 $577.89 2
164 094-240-044 AMIDI PARTNERS LLC 43149 $1,941.71 2
165 094-250-038

CUSENZA FAMILY LIMITED
PARTNERSHIP 65340 $2,940.30 2
166 094-250-039

CUSENZA FAMILY LIMITED
PARTNERSHIP 6144 $276.48 2
167 094-250-045 VISALIA CITRUS PACKING GROUP LP 33687 $1,515.92 2 168 094-250-046 VISALIA LAND & INVESTMENT CO LLC 47916 $2,156.22 2 169 094-271-004

KOOBATIAN STEVEN D & KARIN BETH
(CO 19428 $874.26 2
170 094-271-005 TWINPALMSDINUBA LLC 9174 $412.83 2
171 094-272-007 PEREZ EDDIE R & SUSIE S 8194 $0.00 2
172 094-272-008 H2KW 8250 $371.25 2
173 094-273-004 FISHER INVESTMENT GROUP LLC 8133 $365.99 2 174 094-273-005 FISHER INVESTMENT GROUP 8130 $0.00 2
175 094-273-006 AGUIAR MANUEL TOSTE (TR) 16255 $731.48 2 176 094-274-006 FAMILY HEALTHCARE NETWORK 32670 $1,470.15 2 177 094-281-001 BIANCO PHILIP S & MAUREEN A 5197 $233.87 2 178 094-281-002 CH-CHRISTIAN FAITH FELLOWSHIP-VIS 5197 $233.87 2 179 094-281-003 CH-CHRISTIAN FAITH FELLOWSHIP-VIS 5952 $267.84 2 180 094-281-004 LOCAL 1109 UNITED BROTHERHOOD OF 16275 $732.38 2 181 094-281-005 BIANCO PHILIP S & MAUREEN A 8167 $367.52 2 182 094-281-006 BIANCO PHILIP S & MAUREEN A 4083 $183.74 2 183 094-281-007 TULARE COUNTY OF 16335 $735.08 2
184 094-281-009 BIANCO PHILIP S & MAUREEN A 4083 $183.74 2 185 094-282-001 KOOBATIAN STEVEN D & KARIN (TRS) 8184 $368.28 2 683
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186 094-282-002 MADRIGAL RITA IRENE 16335 $735.08 2
187 094-282-003 DOWNS ELIZABETH A 3575 $160.88 2
188 094-282-004 DOWNS ELIZABETH A 6580 $296.10 2
189 094-282-005 ARTS VISALIA 6188 $278.46 2
190 094-282-006 SAFCO OF AMERICA LLC 8184 $368.28 2
191 094-282-007 VARTANIAN JOHN G JR (TR BYPASS TR) 18480 $831.60 2 192 094-283-001 VISALIA CITY OF 66957 $3,013.07 2
193 094-284-006 VISALIA CITY OF 9822 $441.99 2
194 094-284-008 FAMILY HEALTHCARE NETWORK 54885 $2,469.83 2 195 094-285-001 SUMIDA ROY Y & LINDA H (TRS) 8118 $1,136.52 1 196 094-285-008 VISALIA CITY OF 32670 $4,573.80 1
197 094-285-009 SUMIDA KAMIO J & TAKAKO J (TRS) 15963 $2,234.82 1 198 094-285-010 SUMIDA ROY Y & LINDA H (TRS) 8550 $1,197.00 1 199 094-285-014 PILE PARTNERS #1 LLC 14698 $661.41 2
200 094-285-015 VISALIA CITY OF 17294 $778.23 2
201 094-285-017 VISALIA CITY OF 32536 $1,464.12 2
202 094-286-002 GREGORY CYNTHIA C (TR) 32670 $4,573.80 1 203 094-286-003 ON TRACK VENTURES LLC 32670 $1,470.15 2 204 094-287-001 TULARE COUNTY OF 69696 $9,757.44 1
205 094-291-001 VISALIA CITY OF 18315 $2,564.10 1
206 094-291-005 BFD INVESTMENT CO LLC 10148 $1,420.72 1 207 094-291-006 FREITAS DANIEL S & JEANETTE A 6290 $880.60 1 208 094-291-007 SCIACCA SAM A & MARLENE (TR) 3185 $445.90 1 209 094-291-008 KNOWLES KENNETH K (SURV TR) 2226 $311.64 1 210 094-291-009 FREITAS DANNY & JEANETTE 10482 $1,467.48 1 211 094-291-011 VISALIA CITY OF 14355 $2,009.70 1
212 094-292-012 BK OF AMER NATL TR & SAV ASSN 67518 $9,452.52 1 213 094-293-002 ESTES DONALD R & LYDIA B(TRS FAM RE 10339 $1,447.46 1 214 094-293-003 ESTES DONALD R & LYDIA B(TRS FAM RE 10306 $1,442.84 1 215 094-293-004 VISALIA CITY OF 10642 $1,489.88 1
216 094-293-006 THREE TEN CENTER STREET LLC 27123 $3,797.22 1 217 094-293-007 THREE TEN CENTER STREET LLC 5547 $776.58 1 218 094-294-013 LUM CHRISTOPHER M (TR) 12733 $1,782.62 1 219 094-294-014 SCHAEFER KIMBERLY LUM(TR)(LIV TR) 19823 $2,775.22 1 220 094-294-015 CURTI KENNETH J(TR)(K J CURTI TR) 19746 $2,764.44 1 221 094-294-016 CURTI KENNETH J (TR) (KJC 1999 TR) 10952 $1,533.28 1 222 094-295-008 LEE CHE PING & CHUI PING 33901 $4,746.14 1 223 094-295-010 WHITTLESEY MARK (TR) 33898 $4,745.72 1
224 094-296-001 VISALIA CITY OF 7722 $1,081.08 1
225 094-296-002 CORTES GILBERTO & ALICIA (TRS) 3960 $554.40 1 684
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226 094-296-005 YOUNG ALBERT(CO TR)(YKY LIV TR) 4974 $696.36 1 227 094-296-006

KORSGADEN TROY LEE(TR)(TLK SEP
PROP 4530 $634.20 1
228 094-296-009 EQUITABLE HOTELS 16335 $2,286.90 1
229 094-296-010 CALTERRAS 4083 $571.62 1
230 094-296-011 LESLIE A MOSLEY LLC 3844 $538.16 1
231 094-296-012 BEVERLY FABRICS INC 5761 $806.54 1
232 094-296-013 BREWBAKERS INC 2400 $336.00 1
233 094-296-014 LESLIE A MOSLEY LLC 3713 $519.82 1
234 094-296-015 LESLIE A MOSLEY LLC 4368 $611.52 1
235 094-296-016 LESLIE A MOSLEY LLC 7440 $1,041.60 1
236 094-296-017 ADCC VISALIA OFFICE PARNTERS LLC 7870 $1,101.80 1 237 094-296-018 VISALIA CITY OF 48473 $6,786.22 1
238 094-296-019 315 E MAIN STREET LLC 10890 $1,524.60 1 239 094-298-001 GARCIA CAROL J (SCSR TR) 5816 $814.24 1 240 094-298-002

THOMPSON CYRIL ROBERT & ELIZABETH
J 3921 $548.94 1
241 094-298-003

VALENCIA REVOC FAMILY TR DATED
2/11 2496 $349.44 1
242 094-298-004 SCIACCA SAM A & MARLENE E(TRS)(FAM 3659 $512.26 1 243 094-298-005 BULLOCK-GOLDEN PARTNERSHIP 3489 $488.46 1 244 094-298-006 NOBLE INVESTORS LLC 3805 $532.70 1
245 094-298-007 1329 W RANCHO VISTA BLVD LLC 2336 $327.04 1 246 094-298-008 1329 W RANCHO VISTA BLVD LLC 5606 $784.84 1 247 094-298-011 VISALIA CITY OF 9012 $1,261.68 1
248 094-298-012 FOUR CREEKS LODGE 94-IOOF 8032 $1,124.48 1 249 094-298-013 VISALIA CITY OF 7447 $1,042.58 1
250 094-298-015 LINDSEY CAROL (TR)(2016 CL SEP PROP 2310 $323.40 1 251 094-298-016 SHIRK JENNIFER CONN 5857 $819.98 1
252 094-301-009 CAL-WESTERN FARMING CO 32670 $4,573.80 1 253 094-302-007 METZGER PERRY LLOYD 16335 $2,286.90 1
254 094-302-008 METZGER PERRY LLOYD 16335 $2,286.90 1
255 094-302-013 VISALIA CITY OF 26070 $3,649.80 1
256 094-302-016 VISALIA CITY OF 204732 $28,662.48 1
257 094-302-018 HOTEL CIRCLE GL HOLDING LLC 149284 $20,899.76 1 258 094-302-019 VISALIA CITY OF 60548 $8,476.72 1
259 094-302-020 VISALIA CITY OF 35550 $4,977.00 1
260 094-304-005 SMITH AUTO PARTS 8692 $1,216.88 1
261 094-304-006 216 SOUTH BRIDGE ST LP 60984 $8,537.76 1 262 094-305-002 KMK ENTERPRISES 17424 $2,439.36 1
685
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263 094-305-003 K M K ENTERPRISES 17424 $2,439.36 1
264 094-305-008 SPS 410 INVESTMENTS LLC 23743 $3,324.02 1 265 094-305-009 SPS 410 INVESTMENTS LLC 9782 $1,369.48 1 266 094-311-011 KAWEAH DELTA HEALTH CARE DISTRICT 5170 $232.65 2 267 094-311-012 KAWEAH DELTA HEALTH CARE DISTRICT 9405 $423.23 2 268 094-311-014 KAWEAH DELTA HEALTH CARE DISTRICT 12524 $563.58 2 269 094-311-019 KAWEAH DELTA HEALTH CARE DISTRICT 8464 $1,184.96 1 270 094-311-020 KAWEAH DELTA HEALTH CARE DISTRICT 420789 $18,935.51 2 271 094-311-021 ELLISON BETTY TAYLOR (TR BYPASS TR 8184 $1,145.76 1 272 094-311-022 KELLER DENNIS R & CATHLYN A(TRS) 8150 $1,141.00 1 273 094-311-023 202 W WILLOW LLC 12540 $1,755.60 1
274 094-311-024 202 W WILLOW LLC 10329 $1,446.06 1
275 094-311-025 PACIFIC BELL 22568 $3,159.52 1
276 094-313-005 U S A USPS 32736 $4,583.04 1
277 094-313-009 VISALIA MASONIC BUILDING ASSN 17424 $784.08 2 278 094-313-010 J S T LLC 17424 $784.08 2
279 094-313-013 VISALIA CITY OF 34141 $1,536.35 2
280 094-313-014 WILLOW STREET DEVELOPMENT CO LLC 46609 $6,525.26 1 281 094-321-003
MARTIN MICHAEL A & DARLENE M (COTR 12750 $1,785.00 1
282 094-321-004

MARTIN MICHAEL A & DARLENE M(TRS
FA 12750 $1,785.00 1
283 094-321-007 VISALIA CITY OF 26928 $3,769.92 1
284 094-322-001 CENTRAL VALLEY COMMUNITY BANK 16335 $2,286.90 1 285 094-322-002

FRANEY ROGER G (CO-TR)(EMF BYPASS
T 16335 $2,286.90 1
286 094-322-003 VISALIAN FRIENDS OF THE FOX THEATRE 15411 $2,157.54 1 287 094-322-004 FRANEY FAMILY LIMITED PARTNERSHIP 8406 $1,176.84 1 288 094-322-005 320 W MAIN LLC 7005 $980.70 1
289 094-323-003 MARTIN & MARTIN PROPERTIES LLC 28538 $3,995.32 1 290 094-323-004 LUCIO MARK A & LEE ANN E 3960 $554.40 1 291 094-323-005 KENT MARCIA & STEPHEN F (TRS) 2838 $397.32 1 292 094-323-006 MITCHELL WILLIAM N (TR LIV TR) 2838 $397.32 1 293 094-323-007 SIMONS JAMES F 3990 $558.60 1
294 094-323-008 BIANCO JOHN P & SUZANNE M 3713 $519.82 1 295 094-323-009 GARCIA INVESTMENTS 6421 $898.94 1
296 094-323-011 BRITTBRANDT PROPERTIES LLC 5280 $739.20 1 297 094-323-012 VISALIA CITY OF 9396 $1,315.44 1
298 094-324-001 120 W MAIN ST LLC 7706 $1,078.84 1
299 094-324-002

RANSBERGER WILLIAM RAY & JUDITH
LEE 7705 $1,078.70 1
686
April 22, 2019
Downtown Visalia PBID Management District Plan Page 42
300 094-324-003

CUSENZA FAMILY LIMITED
PARTNERSHIP 15645 $2,190.30 1
301 094-324-007 SHAHAN ROBERT & SABRINA(TRS LIV TR) 8999 $1,259.86 1 302 094-324-009 VISALIA CITY OF 23667 $3,313.38 1
303 094-325-002 MC ALPINE BETTY SUE (TR) 5018 $702.52 1 304 094-325-003 BOOKOUT RALPH & BETTY (TRS) 15411 $2,157.54 1 305 094-325-012 JILANI SHAIQUEL 10519 $1,472.66 1
306 094-325-015 LOURENCO CARLOS 5650 $791.00 1
307 094-325-016 VISALIA CITY OF 15842 $2,217.88 1
308 094-325-017

CUSENZA FAMILY LIMITED
PARTNERSHIP 10388 $1,454.32 1
309 094-326-001 HI JACK AND BUSY BEA LLC 7706 $1,078.84 1 310 094-326-002 HI JACK AND BUSY BEA LLC 16462 $2,304.68 1 311 094-326-003 VACARRO JOE & MARIA G 2919 $408.66 1
312 094-326-004 PETERSEN MARGARET E(TR)(BYPASS TR) 2918 $408.52 1 313 094-326-005 BOOKOUT RALPH & BETTY (TRS) 9387 $1,314.18 1 314 094-326-006 WIEBE MICHELLE R (TR) (REV LIV TR) 2919 $408.66 1 315 094-326-007 VAN RYN JONATHAN A 5838 $817.32 1
316 094-326-010 COREVAL LLC 3484 $487.76 1
317 094-326-017 VACARRO JOE & MARIA G 13625 $1,907.50 1 318 094-326-018 BIANCO PHILLIP S & MAUREEN A 7624 $1,067.36 1 319 094-326-023 FAMILIA FLORES INC 7220 $1,010.80 1
320 094-326-024 CENTER FOR SPIRITUAL LIVING VISALIA 4146 $580.44 1 321 094-326-025 CHOICE PROPERTIES GP 9934 $1,390.76 1
322 094-326-026 VISALIA CITY OF 48351 $6,769.14 1
323 094-327-001 TDS INVESTMENTS LLC 16962 $2,374.68 1
324 094-327-003 KENT MARCIA & STEPHEN F (CO-TRS) 4097 $573.58 1 325 094-327-004 KAWEAH DELTA HEALTH CARE DISTRICT 31618 $4,426.52 1 326 094-331-007 VISALIA NEWSPAPERS INC 53267 $2,397.02 2 327 094-332-002 COUNTRYMAN L KENNETH (TR) 8167 $367.52 2 328 094-332-003 PARRY SUSAN 8032 $361.44 2
329 094-332-004 HILL CLARENCE H (TR) (REV TR) 7375 $331.88 2 330 094-332-006 SIERRA ELK LLC 6744 $303.48 2
331 094-332-007 SEYMOUR JEAN (TR)(EST OF) 9585 $0.00 2
332 094-332-008 HILL CLARENCE H (TR) (MARITAL DED T 8187 $368.42 2 333 094-332-009 NEPINSKY BRIAN C & VALERIE 7986 $359.37 2 334 094-332-010 KAWEAH MANAGEMENT COMPANY 6652 $0.00 2
335 094-333-005 TULARE COUNTY OF 71874 $3,234.33 2
336 094-333-006 VISALIA CITY OF 47916 $2,156.22 2
337 094-334-010 VISALIA CITY OF 43560 $1,960.20 2
687
April 22, 2019
Downtown Visalia PBID Management District Plan Page 43
338 094-334-011 VISALIA SENIOR HOUSING II INC 25525 $1,148.63 2 339 094-335-001 GAMEZ JO ANN(SCSR)(TR KCH) 12251 $551.30 2 340 094-335-004 SHEKLIAN MYRON EDWARD(SCSR TR) 8167 $1,143.38 1 341 094-335-008 DUCOR COLD STORAGE LLC 9900 $1,386.00 1 342 094-335-009 VISALIA CITY OF 9900 $1,386.00 1
343 094-335-010 FARLEY MICHAEL L & DIANE C 4703 $658.42 1 344 094-335-011 VANDERHAM ROBERT W & LENA 20139 $906.26 2 345 094-336-001 KAESTNER PHILLIP 2508 $0.00 2
346 094-336-002 SULLIVAN J PATRICK & CHRISTINE 1452 $65.34 2 347 094-336-003 225 OAK AVE LLC 4092 $184.14 2
348 094-336-004 CH-FIRST PRESBYTERIAN OF VISALIA 24354 $1,095.93 2 349 094-336-005 CH-FIRST PRESBYTERIAN OF VISALIA 7920 $1,108.80 1 350 094-336-006 CH-FIRST PRESBYTN OF VIS (TR PRES O 8180 $1,145.20 1 351 094-336-007 JKP LAND LLC 8167 $1,143.38 1
352 094-336-010 VISALIA CITY OF 8167 $1,143.38 1
353 094-337-001 STORY WALTER R & PEGGY SUE (TRS)(FA 8167 $367.52 2 354 094-337-002 KRIKOIRAN BETTY J (TR) (MAR TR B) 8167 $367.52 2 355 094-337-003 OAK STREET STUDIOS 2158 $97.11 2
356 094-337-004 METZGER KENNETH R (TR) 3635 $163.58 2
357 094-337-005 SEBERT SHAWN & DOROTHY 1872 $84.24 2
358 094-337-006 CITRUS RESEARCH BOARD 8871 $399.20 2
359 094-337-007 LEGACY INVESTMENTS LLC 7654 $1,071.56 1 360 094-337-008 LEGACY INVESTMENTS LLC 3969 $555.66 1
361 094-337-009 VALHALLA FAMILY INVESTMENTS LLC 5454 $763.56 1 362 094-337-010 VALHALLA FAMILY INVESTMENTS LLC 3969 $555.66 1 363 094-337-011 MC ALPINE BETTY SUE (TR) 7654 $1,071.56 1 364 094-337-012 VALHALLA FAMILY INVESTMENTS LLC 3969 $555.66 1 365 094-338-012 BILL & TANYA MILLER FAMILY LTD PTNS 52272 $7,318.08 1 366 094-341-005 LAIRD PHILIP B & CAROL L(TRS)LAIRD 8167 $0.00 2 367 094-341-006 LAIRD PHILIP B & CAROL L(TRS)LAIRD 8168 $367.56 2 368 094-341-007 GILBERT AVIATION INDUSTRIES INC 8167 $367.52 2 369 094-342-005 HUTTON DONALD L & CATHY A(TRS) 5331 $239.90 2 370 094-342-006 GUTIERREZ JESUS R (TR) 5445 $0.00 2
371 094-342-007 GRANGER STEPHEN 9157 $0.00 2
372 094-342-008 FORD HENRY H & SHIRLEY D(TRS)(2014 12622 $0.00 2 373 094-344-005 CH-APOSTOLIC ASMBY FAITH IN CHRIST 16335 $735.08 2 374 094-344-006

PINE MANOR RECOVERY HOME GUILD
INC 16335 $735.08 2
Total $500,291.13
688
April 22, 2019
Downtown Visalia PBID Management District Plan Page 44
APPENDIX 4 – TOTAL ESTIMATED MAXIMUM COST OF

IMPROVEMENTS, MAINTENANCE, AND ACTIVITIES
The estimated maximum cost of the line items below was developed based on the estimated costs of providing services in the proposed DTVPBID. The costs below are estimated, the actual line item costs will fluctuate. The table below shows expenditures from assessment and non-assessed funds.

Assessment funds are governed by Section VI. There is not limit on reallocation of non-assessment funds by the Association. The total maximum budget may exceed the maximum listed in this table if parcel ownership changes results in parcels being assessed at a higher rate due to a higher estimated benefit.

Year Environmental
Enhancements
Economic
Enhancements Administration Contingency / Reserve Total 2020 $394,343.13 $73,067.05 $42,014.40 $15,755.39 $525,179.97 2021 $433,777.44 $80,373.76 $46,215.84 $17,330.93 $577,697.97 2022 $477,155.19 $88,411.13 $50,837.42 $19,064.02 $635,467.76 2023 $501,012.95 $92,831.69 $53,379.30 $20,017.22 $667,241.16 2024 $526,063.59 $97,473.27 $56,048.26 $21,018.08 $700,603.20 2025 $552,366.77 $102,346.94 $58,850.67 $22,068.99 $735,633.37 2026 $579,985.11 $107,464.28 $61,793.20 $23,172.44 $772,415.03 2027 $608,984.37 $112,837.50 $64,882.86 $24,331.06 $811,035.79 2028 $639,433.59 $118,479.37 $68,127.01 $25,547.6 $851,587.58 2029 $671,405.27 $124,403.34 $71,533.36 $26,824.99 $894,166.96 Total $5,384,527.41 $997,688.33 $573,682.32 $215,130.73 $7,171,028.79 689
April 22, 2019
Downtown Visalia PBID Management District Plan Page 45
APPENDIX 5 – SERVICES BY ZONE
Zone Environmental
Enhancements
Economic
Enhancements Administration Contingency / Reserve
1  Pressure washing
of sidewalks.
 Tree lighting.
 Dumpster
enclosures clean
and sanitized.
 Christmas
decorations.
 Enhanced
landscaping.
 Capital
improvement
projects (new
street light
enhancements).
 Graffiti removal.
 Programs and
incentives designed
to attract, grow, and
incubate new
businesses.
 In-lieu parking
program to remove
barriers to
downtown
development.
 Promotions to
improve the
downtown image
and invite customer
to assessed parcels.

Administrative
costs related to
providing activities,
maintenance, and
improvements.

Funds held in
contingency /
reserve to be used
as determined by
the Association.
2  Pressure washing
of sidewalks (as
needed).
 Dumpster
enclosures clean
and sanitized (as
needed).
 Graffiti removal.
 Some capital
improvement
projects.
 Programs and
incentives designed
to attract, grow, and
incubate new
businesses.

Administrative
costs related to
providing activities,
maintenance, and
improvements
Funds held in
contingency /
reserve to be used
as determined by
the Association.
690
April 22, 2019
Downtown Visalia PBID Management District Plan Page 46
APPENDIX 6 – MAP
691
6 4 1 3
5 2
147 6 18 13 16 15 14 24 23 33 32 25 26

W SCHOOL AVE
N
WIL
LIS
S
T

W GOSHEN AVE
Downtown
Visalia
PBID
Zone 1
Zone 2²
1 5
3 7
2 4
8 9
6 Page
1 of 9
692
335
372 374 373
3 71
170
326 338
3 6
8 3
6 7
3 6
6 3
7 0
3 6
9 327 328 329 336 337
178 333 179
CR-J32
N
F
L
O
R
A
L
S
T

W RACE AVE
N
C
O
U
R
T
S
T
Downtown
Visalia
PBID
Zone 1
Zone 2²
1 5
3 7
2 4
8 9
6 Page
2 of 9
693
1 65
168
167
176
150
149
169
175
192
194
164
172171
173174
166
180185
186
159
GARDEN

N BR DI GE ST

N CHURCH ST
Downtown
Visalia
PBID
Zone1
Zone2
²
1 5
3 7
2 4
896
Page
3of9
694
40 73
14 12
39 7
67 11
147
17 38
83 46
81 56
64 63
18 75 74
9 23
8 24
45 31
78 15
20 4
7 42
16 148
43 212
2 7
2 6
8 6
9 6
6 7
0 6
5 71
44 7
6 41
19 34
35 36
37 4
9 5
0 51 5
4 5
3 5
2 6
0 5
9 61 5
8 5
5 2
7 4
8 6
2 5
7 2
8 3
2 8
2 2
5 7
7 10
3 3
2 9
79 2
6 80
14 4 14
5 14
6 30
6 13

W OAK AVE

W CENTER ST
N
J
O
H
N
S
O
N
S
T
N
C
O
N
Y
E
R
S
T
Downtown
Visalia
PBID
Zone 1
Zone 2²
1 5
3 7
2 4
8 9
6 Page
4 of 9
695
365
326 336
337
204
289
283
348
302
344
338
284 285 205
183
286 300
335
282 281
339
210
3 4
2 3
41 3
31 297
3 01
358
2 8
7 3
5 4
3 5
3 3
3 2
3 4
0 350
349
3 5
2 3
51 3
3 4
2 9
9 2
9 8
363 359
2 8
8 3
3 0
2 9
5 361
3 2
7 3
2 8
3 2
9 3
3 3
177
2 9
6 3
4 3
347
364 362 360
290
17 9
2 9
3 2
9 4
356
2 0
8 2
91 2
9 2
345
3 5
5 2
0 9
357
346

W MAIN ST
TER ST
N
F
L
O
R
A
L
S
N
C
O
U
Downtown
Visalia
PBID
Zone 1
Zone 2²
1 5
3 7
2 4
8 9
6 Page
5 of 9
696
212
192 194
162
204
164
203
202
201
196
216
160
219
220
161
191
200
157
155
197
211
199 163
218
221
214 213
186
215
180
193
2 0
6 19
8 19
5 181
190 159
188 18
9 2
0 7
217
18 2
187
18 4
156
154

E MAIN ST

E OAK AVE
N
C
N
S
A
N
TA
F
E
S
T
Downtown
Visalia
PBID
Zone 1
Zone 2²
1 5
3 7
2 4
8 9
6 Page
6 of 9
697
122 136
97 88
84 86
139
8 7
117
96 8
5 112
98 134
121 130
135
120 133
119
128
105
91 9
2 129
137
138
9 9
13 2
12 3
12 4
131
9 4
142
106
111
107
114
8 9
143
10 4
10 2
10 3
10 0
101
110
115
113
108
9 0
109
116
9 3
141
95 126
125
127
14 0
118

W ACEQUIA
Downtown
Visalia
PBID
Zone 1
Zone 2²
1 5
3 7
2 4
8 9
6 Page
7 of 9
698
270
257
322
280
279
276
325
275
277
3 2
3 278
310
252
307
317 304
273
268
3 0
5 308
2 7
4 3
21 267
313
2 6
9 272
2 71
248
3 0
9 318
249
319
315
2 3
9 306
3 0
3 266
320
3 2
4 2
4 0
316
2 4
2 314
311
312
2 41

W MINERAL KING AVE
S
L
O
C
U
S
T
S
T
S
W
E
S
T
S
T
Downtown
Visalia
PBID
Zone 1
Zone 2²
1 5
3 7
2 4
8 9
6 Page
8 of 9
699
256
257
261
258
237
153
259
223 222 158
255
151
264
262 263
252
253 254
228
2 6
5 2
3 8
152
2 6
0 2
4 7
236
2 2
4 2
3 5
2 51
2 31
2 4
6 2
2 6
2 2
7 2
3 4
2 2
9 2
3 0
2 4
4 2
2 5
2 3
3 2
4 3
250
2 4
5 2
3 2

E ACEQUIA AVE
S
B
RID
G
E
S
T

E MINERAL KIN
Downtown
Visalia
PBID
Zone 1
Zone 2²
1 5
3 7
2 4
8 9
6 Page
9 of 9
700
Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0116 Agenda Date: 6/3/2024 Agenda #: 4.

Agenda Item Wording:

Town-Center Business Improvement Area (TCBIA) Annual Report - Accept and approve the Annual TCBIA Report, and renew the TCBIA Management Agreement with Downtown Visalians, Inc.

Deadline for Action: 6/3/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Melody Murch, 559-713-4379, [email protected] Department Recommendation:

That Council accept and approve the Annual Report for the Town-Center Business Improvement Area (TCBIA), renewing the TCBIA Management Agreement with Downtown Visalians, Inc. for an additional one-year term to commence July 1, 2024.

Background Discussion:

Summary:

Business owners located in the Town-Center Business Improvement Area (TCBIA) have voluntarily voted to pay a surcharge on their Business Tax (BT) for the purpose of providing parking, decorations, music, and promotion of public events and Downtown business. The revenue from this surcharge is collected during the City's BT billing process, and administered by Downtown Visalians, Inc. (DTV) through a management agreement with the City. This agreement requires submission of an Annual Operations Report (Report) of all matters covered under the agreement for the preceding fiscal year. Approval of the Report triggers renewal of the management agreement for another year.

The Calendar Year 2023 Report which was submitted to the City for review on May 8, 2024, is provided as Attachment A to this agenda item.

The current TCBIA Management Agreement was approved in May 2023, and runs for a one-year term from July 1, 2023, to June 30, 2024. The agreement is renewable annually, and according to the agreement terms, acceptance and approval of the annual report constitutes renewal for an additional one-year term, commencing on the following July 1st. Acceptance and approval of the annual TCBIA 2023 report will renew the management agreement for a term which will run from July 1, 2024, to June 30, 2025.

Additional Background:

The economic vitality of the Downtown Visalia area has long been a high priority for both the City, and the business owners located there. The Town-Center Business Improvement Area (TCBIA) was formed with the support of Downtown business owners, under the authority of State legislation in 1966 to support merchants in the downtown area. The formation of The TCBIA generated revenue with a 100% business tax surcharge for the purpose of improving the downtown area and promoting Visalia City Council Page 1 of 4 Printed on 5/31/2024
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File #: 24-0116 Agenda Date: 6/3/2024 Agenda #: 4.
with a 100% business tax surcharge for the purpose of improving the downtown area and promoting businesses located there. The TCBIA has generated an average of $174,900 in Downtown Surcharge annually over the last 5 calendar years and is projected to receive $185,000 in 2024. This funding, shown in Graph 1: Town-Center Business Improvement District 5-Year Average, is tied directly to business revenues within the Downtown area, and for this reason, fluctuates based upon economic conditions.

Graph 1: Town-Center Business Improvement District 5-Year Average The DTV was formed in 1963 and laid the foundations of the long-standing efforts of both the business owners and the City to keep Downtown Visalia thriving. The DTV was instrumental in the adoption of the TCBIA, and this funding source was enacted to support their activities. For this reason, the DTV has been contracted for the administration of the TCBIA since its inception, and as noted in the management contract, the DTV Board also serves as the TCBIA Board. Membership of this board is limited to property and business owners in the Downtown area and is governed by the DTV Board By-Laws. A listing of current DTV and POA Board members is included in the attached report.

The TCBIA was formed under the California Streets and Highways Code, Part 5. Parking and Business Improvement Area Law of 1965 (Sections 36000-36081). Under this law, the TCBIA revenue may be used for the following purposes:
a)The acquisition, construction, or maintenance of parking facilities for the benefit of the area. b)Decoration of any public place in the area.
c)Promotion of public events which are to take place on, or in public places in the area. d)Furnishing of music in any public place in the area.

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File #: 24-0116 Agenda Date: 6/3/2024 Agenda #: 4.
e)The general promotion of retail trade activities in the area.

The report required by State Law and the Management Agreement is to include:
i. All actual revenue, activities and expenditures during the Program year of the TCBIA ii. A specific management plan, including operating budget, for the following Program year.

Report Elements
Financial and Budget Information: The report included in Attachment A contains a summary of receipts and disbursements for the 2023 Calendar Year (January 1-December 31) as well as the 2024 Budget which lists planned and projected revenues and disbursements. The expenditures summarized in the report comply with the Requirements of the Parking and Business Improvement Area Law of 1965 as summarized above.

Fiscal Impact:

The TCBIA surcharge is one of many funding sources used by the DTV to promote Downtown businesses. 100% of the revenue generated from the TCBIA surcharge is collected by the City and passed through to the DTV to be used for the purposes stated in California Law and discussed above. All funds collected are paid to the DTV quarterly, and no balance of funds was held by the City effective December 31, 2023.

Billing for these funds happens concurrently with collection of the regular business tax payments at no material increase in cost to the City.

Prior Council Action:

May 15, 2023: Approval of TCBIA Management Agreement, July 2023 to June 2024 Other: The Annual Operations Report for the Downtown Visalia Property and Business Improvement District (DTVPBID) is also being brought to council on 5/20/24.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move that council accept and approve the Annual Report for the Town-Center Business Improvement Area (TCBIA), renewing the TCBIA Management Agreement with Downtown Visalians, Inc. for an additional one-year term to commence July 1, 2024.

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

Attachment A: TCBIA Annual Report for 2023 Calendar Year Attachment B: TCBIA Management Agreement
Attachment C: TCBIA Boundary Map
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File #: 24-0116 Agenda Date: 6/3/2024 Agenda #: 4.

Visalia City Council Page 4 of 4 Printed on 5/31/2024
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707
708
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710
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713
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719
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Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0211 Agenda Date: 6/3/2024 Agenda #: 1.

Agenda Item Wording:

PUBLIC HEARING - To receive ballots and public testimony on proposed funding changes/assessment increases for 2024/25 of the Marseille Landscape and Lighting Maintenance Assessment District (LLMAD) in the City of Visalia.

Deadline for Action: 6/3/2024
Submitting Department: Community Services
Contact Name and Phone Number: Azalia Chavez, Financial Analyst 713-4316; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]>; Renee Nagel, Finance and Technology Director 713-4375; [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends that City Council takes the following actions:

1. Conduct a Public Hearing to receive ballots and public testimony on the proposed funding changes, amendment, and assessment increases for the maintenance of balloted Marseille Landscape and Lighting Maintenance Assessment District.

2. Direct staff to open and tabulate ballots, and to certify the results.

3. With a majority homeowner vote that approve changes:
a. Direct staff to implement the proposed changes.
b. Authorize the placing of the increased assessment amount on the 2024/25 Property Tax Roll.

Background Discussion:

The Marseille subdivision was originally established and approved by City Council on July 17, 1995, and would be the original 67 lots in phase one of the subdivision. Phase two of the subdivision would be later approved by City Council on November 1, 1999. This would bring the total number of lots assessed in the subdivision to 108. Phase three would be later approved by City Council and annexed into the subdivision on July 16, 2012, bringing the total number of lots to its current total of 175. With each additional phase added to the Marseille subdivision a ballot was mailed to the existing property owners approving the annexation of additional lots.

For the last several years the Urban Forestry Division has received calls with concern from residents within the Marseille subdivision about the common area landscape. Many of these calls were related to the maintenance of the landscape and the deterioration of the plant material. Much of the landscape and irrigation has reached its expected life cycle. The landscape, predominately trees and larger shrubs, were especially affected by several years of drought conditions and state-imposed Visalia City Council Page 1 of 5 Printed on 5/31/2024
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File #: 24-0211 Agenda Date: 6/3/2024 Agenda #: 1.
larger shrubs, were especially affected by several years of drought conditions and state-imposed water restrictions. Staff identified that there were areas where improvement could be made, and started working with the maintenance contractor to improve the level of service that was being performed. Staff also identified an opportunity to complete a landscape enhancement project at one of the entrances to the Marseille neighborhood on N. Akers Ave and W. Buena Vista Ave. This enhancement project installed new plant material, upgraded irrigation, California Gold decomposed granite, and cobblestone ground cover. The project was completed in late 2021.

After the enhancement project was completed, several residents reached out to City staff to discuss potentially making more improvements to the common area landscape. Staff has made some minor improvements, such as restoring the low voltage lighting on the Akers Ave entrance and replacing Cypress trees that were damaged by the large winter storms of 2022. With the cost of these improvements, unexpected tree removals, and increases to the landscape maintenance contract, the district’s cash balance has been depleted and staff cannot complete any further improvements.

Urban Forestry staff continued to work with several residents that wanted to explore options to continue improving the common area landscape. To continue these improvements, funding would need to be generated. Residents felt that the majority of the property owners within the Marseille Landscape and Lighting District would vote yes to increase their assessment.

On Saturday July 15, 2023, City staff conducted a community meeting where approximately 50 of the Marseille residents/property owners attended. In this meeting, staff shared information on the current state of funding in the district’s account, maintenance areas, and previous improvements that were completed. Staff also shared the balloting process that would need to be completed to increase the tax assessment to complete further improvements to the common area landscape. Staff answered several questions from residents, and a poll was done asking residents if the majority would be willing to approve the tax assessment. The majority of the residents that attended the community meeting agreed that they would be willing to approve an increase. City staff then started the process of updating an Engineer’s Report with updated maintenance, utility, and enhancement project costs.

Due to the cost of completing an enhancement to the entire landscape area and trying to keep the assessment increase affordable for residents, the enhancement project would need to be completed in phases over an eight-year period. The assessment would then be decreased to reflect only the updated maintenance and utility costs in year nine.

On April 19, 2024, the City mailed 175 ballots to parcels within the Marseille (95-02) LLMAD asking property owners to consider an assessment increase for common area landscaping and lighting for their neighborhood. The increase includes an eight-year landscape enhancement project in the neighborhood and updated utility and maintenance costs that have occurred since the Marseille 95- 02 District was formed.

Background
The City of Visalia has been allowing the developers of subdivisions to form assessment districts under the Landscape and Lighting Act of 1972, and now under Proposition 218, in lieu of using homeowners’ associations for the maintenance of common features such as common area landscaping, irrigation systems, streetlights, and trees on local streets. The maintenance of these improvements is a special benefit to the development and enhances the land values to the individual property owners in the district. Through an established Landscape & Lighting Maintenance District Visalia City Council Page 2 of 5 Printed on 5/31/2024
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File #: 24-0211 Agenda Date: 6/3/2024 Agenda #: 1.
(LLMAD), each property owner pays an equal portion of the total annual costs to maintain the common landscape areas in their neighborhood and are assessed their portion on their property taxes each year.

PUBLIC HEARING, BALLOTING AND APPROVAL PROCESS
Proposition 218 requires that creation of, additions, or increases to a property-based assessment not previously agreed upon shall be subject to a ballot vote of all of the affected property owners. Each property can only submit one ballot vote, and all votes are equally weighted; approval or denial of the proposed increase is determined by a simple majority of the returned ballots for each LLMAD balloted.

At the public hearing, property owners can address the Council regarding the increase. The City Clerk’s office has collected the sealed returned ballots and will accept any additional ballots up to the close of the Public Hearing. After public testimony has been received, staff will open and tabulate the ballot votes and present the results to Council later in the Council meeting. Should the simple majority of the ballots cast for any balloted LLMAD approve the proposed assessment increase and changes, Council may then approve the recommended changes for the district and the increase will be added to the 2024-25 Tax Roll. Should the LLMAD fail to approve their assessment increase, the LLMAD will not have enough available funding to support continued maintenance of the district at current levels. Staff has been directed to subsequently reduce the level of maintenance of the trees, turf, and shrub areas. The reduction in services will take effect 60 days from the public hearing date.

BALLOTED DISTRICT
Table 1 below indicates the district that was mailed ballots, their current deficit cash balances and the proposed LLMAD and lot assessment increases if proposed ballot is not approved. The City issues ballots to districts that express the desire to increase their annual assessment and have demonstrated that the neighborhood majority is in favor of the increase.

TABLE 1: PROPOSED ASSESSMENTS W/O BALLOT INCREASE
Balloted Districts Assessment
Distri
ct #
Lot
s
District
Name
Deficit
Cash
Bal.
06/30/23
Current Annual
Assessments
Proposed
Annual
Assessments
Propose
d %
Increase
in
Assess
ment
District Lot District Lot
95-02 175 Marseille 1-2 ($6,584.
99)
$30,961.
00 $176.92
$34,056.
75 $194.611
0%
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File #: 24-0211 Agenda Date: 6/3/2024 Agenda #: 1.

Fiscal Impact:

Table 2 shows the current and projected financial condition of the Marseille Landscape and Lighting District annual shortfall.

TABLE 2: PROJECTED LLMAD CASH BALANCES
District
#
District
Name
Lots
#
Beg. Cash
Balance
06/30/23
2023/24
Assessment
Revenue
2023/24Operating
Expenses
(estimated)
Ending
Balance
06/30/24
(estimated)
95-02 Marseille
1-2
175 ($6,584.99) $30,961.00 ($60,017.90) ($35,641.89)
Table 3 displays the Marseille Districts proposed annual assessment increase. These figures are estimates for the fiscal year ending June 30, 2025, and will be in effect for the first eight (8) years.

However, the proposed increases, if approved, will fund an enhancement project that will include irrigation updates and a new drought tolerant landscape in the common area landscape, raise the assessment enough to eliminate the deficit balance, and pay for maintenance costs on an ongoing annual basis. The increase in the benefit assessment will be implemented in the 2024-25 tax roll.

TABLE 3: PROPOSED ASSESSMENTS
Proposed Assessment Years 1 thru 8
District #Lot
s
District Name Current Annual
Assessments
Proposed
Annual
Assessment
Propose
d %
Increase
in
Assess
ment
District Lot District Lot
95-02 175 Marseille 1-2 $30,961.0
0 $176.9
2 $133,703.
50 $764.0
2 332%
Table 4 displays the Marseille Districts proposed annual assessment increase. These figures are estimates for the fiscal year ending June 30, 2033, and will be in effect on year (9) nine. However, the proposed decrease, if approved, will fund maintenance costs on an ongoing annual basis. The decrease in the benefit assessment will be implemented in the 2033-34 tax roll.

TABLE 4: PROPOSED ASSESSMENTS
Proposed Assessment Year 9
District #Lots District
Name
Annual
Assessments
Year 1 thru 8
Proposed
Annual
Assessment
Year 9
Propose
d %
Decreas
e in
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File #: 24-0211 Agenda Date: 6/3/2024 Agenda #: 1.

Proposed Assessment Year 9
District #Lots District
Name
Annual
Assessments
Year 1 thru 8
Proposed
Annual
Assessment
Year 9
Propose
d %
Decreas
e in
Assess
ment
District Lot District Lot
95-02 175 Marseille 1-2 $133,703
.50
$764.0
2 $65,705.
50 $375.4
6 203%
Prior Council Action: Council approved the initial creation of each of the LLMAD’s included in this recommendation.

Other: None
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
1) Move to open the Public Hearing to receive public input on the proposed assessment increases to the balloted Landscape & Lighting Maintenance Assessment District. 2) Certify the results of the balloted District and, if passed, move to approve the recommended assessment increases of the balloted Landscape & Lighting Maintenance District, and place the increases on the 2024-25 Tulare County property tax roll.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Marseille Ballot, Engineer’s Report Years 1 thru 8, Engineer’s Report Year 9, Marseille Site Map
Visalia City Council Page 5 of 5 Printed on 5/31/2024
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City of Visalia
707 W. Acequia Avenue
Visalia, CA 93291
April 19. 2024

HOMEOWNER

ADDRESS
VISALIA, CA 93291
Subject: The City requests residents to approve a $587.10 per year assessment increase over the next eight fiscal years for the Marseille 95-02 District to include an eight year landscape enhancement project in your neighborhood and maintain your landscape and lighting district.

Dear Property Owner:

This letter includes a ballot on the back of this page. The City is asking you to consider an assessment increase for common area landscaping and lighting for your neighborhood. The increase includes an eight-year landscape enhancement project in your neighborhood and updated utility and maintenance costs that have occurred since the Marseille 95-02 District was formed. You will be asked to either approve or reject the proposal.

The City manages the maintenance of the common area landscape and lighting in your neighborhood, funded by a benefit assessment which appears annually on your property tax bill. The maintained landscaping and improvements visually enhance your neighborhood, add value to the surrounding properties, and increase your quality of life.

To fiscally manage your District and complete an enhancement project that will include irrigation updates and a new drought tolerant landscape in the common area landscape of the Marseille District, City staff is requesting an increase to your current assessment. The City is requesting you to consider and return the enclosed ballot indicating your choice, either approving or rejecting the increase. The ballot approval will allow the City to make changes in the assessment fee to complete the 8-year enhancement project by increasing the Marseille District’s finances. Upon completion of the eighth year, the assessment fee will be reduced to reflect the updated utility and maintenance costs.

The property owners have a choice of completing the landscape enhancement project and increasing current maintenance/utility cost. If there is not a majority vote by the property owners to approve the 2024/25 increase, the landscape enhancement project would not be completed and the Marseille District would not generate sufficient funds for any type of improvements or be able to remain at the current maintenance level.

Proposal: Approve an increase for your District for fiscal year 2024/25 of a new total annual amount of $764.02 per year or $63.67 per month for the first 8 years, on year 9 it will reduce to $375.46 per year or $31.29 per month
740
City of Visalia City Clerk’s Office
220 N. Santa Fe
Visalia, CA 93291
April 19. 2024
City of Visalia City Clerk’s Office
220 N. Santa Fe
Visalia, CA 93291
Attn: Marseille 95-02, District Ballot

BALLOT INSTRUCTIONS
Completion and Return Instructions:

1. Fill out the ballot at the bottom of this page. Be sure to mark your choice, sign, and date the ballot. (The ballot will not be counted without your signature)

2. Insert this page into the provided return envelope.

3. Place appropriate postage on the return envelope and mail it.

4. In order to be counted, the ballot must arrive at the above address (City Clerk’s Office) on or before 5:00 pm, June 3, 2024.

5. ALTERNATIVED DELIVERY: you may also hand deliver the ballot to the City Clerk’s office at 220 N. Santa Fe, on or before 5:00 pm, June 3, 2024. If delivered in person, the ballot must be in a sealed envelope, or it cannot be accepted.

If you have any questions or concerns about the ballot process or Benefit Assessment Increase Allowance, please contact Azalia Chavez, Financial Analyst at (559) 713-4316 or by email at [email protected].

BALLOT
Proposal: Approve an increase for your District for fiscal year 2024/25 of a total annual amount of $764.02 per year or $63.67 per month for the first 8 years, on year 9 it will reduce to $375.46 per year or $31.29 per month.

HOMEOWNER, owning property located at ADDRESS in the Marselle 95-02 Landscape & Lighting Assessment Maintenance District:
(Check one) Approve Reject
_____________________________________________ _______________________ Property Owner Signature Date
741
MARSEILLE DISTRICT (95-02)
The City is proposing an increased assessment and an automatic Benefit Assessment Increase Allowance in order to keep up with maintenance costs for the common areas in your District, work toward eliminating a projected deficit cash balance of ($35,641.89) and to eventually create a small reserve to help offset any future unexpected maintenance costs. Keeping the landscaping and common areas maintained helps to keep neighborhoods looking good and helps to increase property values. Currently your District is comprised of 175 lots, with current year benefit assessments of $28,147.00. At the ending of the last fiscal year, the district had a deficit balance of ($6,584.99). This year the deficit is projected to increase to ($35,641.89), detailed as follows:

As you can see, the Annual Benefit Assessment Revenue is not enough to cover the expenditures for the district.

In addition, last year the district incurred professional services costs of $6,004.29 that included entryway lighting and other miscellaneous repairs, tree maintenance costs of $11,200.00, and an increase in the landscape maintenance contract that set the district back. If approved, the total annual assessment would increase to $133,702.76 for the entire district, which is equivalent to $764.02 annually per lot or $63.67 monthly per lot for the first 8 years, reducing to $375.46 per year or $31.29 per month after completion of the eighth year. You would see this increase on your County of Tulare real property tax bill, listed as VISALIA LAND & LIGHT.

On the previous page is a ballot which gives you, the property owner, certain options:

1. Yes, I approve of the proposed Increase. If a majority of the returned ballots select this option, it will allow the City to complete an enhancement project that will include irrigation updates and a new drought tolerant landscape in the common area landscape of the Marseille District. It will also allow the City to update utility and maintenance costs and eliminate the projected cash balance deficit.

2. No, I do not approve of the proposed Increase. If a majority of the returned ballots select this option, the City would not complete the landscape enhancement project, the Marseille District would not generate sufficient funds for any type of improvements and would continue to face a cash balance deficit that could result in reduced services in the future.

PUBLIC HEARING
The Public Hearing for this proposal will be held on Monday, June 3, 2024 in the City Council Chambers at 707 W. Acequia, Visalia, CA, and is scheduled at the beginning of the City Council Regular Session, at approximately 7:00 pm. The ballots will be counted and the results delivered to City Council at the end of the Regular Session of the City Council Meeting that same evening. At this meeting, affected citizens will have an opportunity to speak to the Council, and may also change their ballot vote if desired. 742
Decription 20 Yr Cycle Unit Amount Cost Per Unit Times per Year Annual Cost Per
Unit
Annual Total
Cost
Turf Monthly Sq Ft 21,272          $              0.055 12 0.660 $               $      14,039.52 Shrub Monthly Sq Ft 19,649          $              0.029 12 0.35 $                  $        6,837.85 Water Monthly Sq Ft 40,921          $              0.018 12 0.216 $               $        8,838.94 Electricity Monthly meter 1                    $              20.69 12 248.280 $           $            248.28 Landscape trees Annual Each 267               $              60.00 1 60.00 $               $      16,020.00 Interior Street Tree Annual Each               ‐ $              60.00 1 60.00 $               ‐ $ Landscape Enhanc. Proj. (8 year cycle) Annual Sq. Ft. 6,084            $              10.16 1 10.16 $               $      61,815.47

POCKET PARKS
Turf Area Monthly Sq. Ft. 0.055 $               12 0.660 $               ‐ $ Shrub Area Monthly Sq. Ft. 0.028 $               12 0.35 $                  ‐ $ Trees Annual Each 60.00 $               1 60.00 $               ‐ $ Water Monthly Sq Ft               ‐ $              0.018 12 0.216 $               ‐ $ Electricity Monthly meter 20.69 $               12 248.28 $             ‐ $ Custodial Maintenance Monthly Each 172.00 $             12 2,064.00 $          ‐ $

POCKET PARK PLAYGROUND EQUIPMENT
Annual Fibar Material Replacement Annual Cubic Yd 42.00 $               1 42.00 $               ‐ $ Equipment Inspections Monthly Hourly 98.24 $               12 1,178.88 $          ‐ $ Repair/Replace Equipment Monthly Hourly 55.00 $               12 660.00 $             ‐ $ Playground Structure (15 year cycle) Once Each 95,000.00 $       1 6,333.33 $          ‐ $ Picnic Table (15 year cycle) Once Each 5,707.00 $         1 380.47 $             ‐ $ Bench (15 year cycle) Once Each 1,492.00 $         1 99.47 $               ‐ $ Trash Receptacle (15 year cycle) Once Each 1,199.00 $         1 79.93 $               ‐ $ Trellis/Arbor (15 year cycle) Once Each 3,500.00 $         1 233.33 $             ‐ $ Solar Lighting Pole (15 year cycle) Once Each 8,000.00 $         1 533.33 $             ‐ $ Street Lights (Electricity & Maint) Monthly Each 34                  $              11.30 12 135.60 $             $        4,610.40 Reclamite (5 year cycle) Twice Sq Yd               ‐ $                0.96 2 0.96 $                  ‐ $ Crack seal (7 year cycle) Twice Sq Yd 0.68 $                 2 0.68 $                  ‐ $ cape seal (15 year cycle) Once Sq Yd               ‐ $              11.16 1 11.16 $               ‐ $

2.0' Overlay (20 year cycle) Once Sq Yd               ‐ $              33.42 1 33.42 $               ‐ $ Project Management Annual Lots 175               $              40.00 1 40.00 $               $        7,000.00 Block Wall Annual Ln Ft 2,850            $                0.75 1 0.75 $                  $        2,137.50 Total $    121,547.96
10% Reserve Fund (Repairs) 10% 12,154.80 $
Grand Total $    133,702.76
Number of Lots 175
Annual Per Lot Assessment $            764.02
Marseille Landscape & Lighting Tax Assesment Years 1 thru 8 Enhancement Project 743
Decription 20 Yr Cycle Unit Amount Cost Per Unit Times per Year Annual Cost Per
Unit
Annual Total
Cost
Turf Monthly Sq Ft 21,272          $              0.055 12 0.660 $               $      14,039.52 Shrub Monthly Sq Ft 19,649          $              0.029 12 0.35 $                  $        6,837.85 Water Monthly Sq Ft 40,921          $              0.018 12 0.216 $               $        8,838.94 Electricity Monthly meter 1                    $              20.69 12 248.280 $           $            248.28 Landscape trees Annual Each 267               $              60.00 1 60.00 $               $      16,020.00 Interior Street Tree Annual Each               ‐ $              60.00 1 60.00 $               ‐ $ Landscape Enhanc. Proj. (8 year cycle) Annual Sq. Ft. 2.54 $                 1 2.54 $                  ‐ $

POCKET PARKS
Turf Area Monthly Sq. Ft. 0.055 $               12 0.660 $               ‐ $ Shrub Area Monthly Sq. Ft. 0.028 $               12 0.35 $                  ‐ $ Trees Annual Each 60.00 $               1 60.00 $               ‐ $ Water Monthly Sq Ft               ‐ $              0.018 12 0.216 $               ‐ $ Electricity Monthly meter 20.69 $               12 248.28 $             ‐ $ Custodial Maintenance Monthly Each 172.00 $             12 2,064.00 $          ‐ $

POCKET PARK PLAYGROUND EQUIPMENT
Annual Fibar Material Replacement Annual Cubic Yd 42.00 $               1 42.00 $               ‐ $ Equipment Inspections Monthly Hourly 98.24 $               12 1,178.88 $          ‐ $ Repair/Replace Equipment Monthly Hourly 55.00 $               12 660.00 $             ‐ $ Playground Structure (15 year cycle) Once Each 95,000.00 $       1 6,333.33 $          ‐ $ Picnic Table (15 year cycle) Once Each 5,707.00 $         1 380.47 $             ‐ $ Bench (15 year cycle) Once Each 1,492.00 $         1 99.47 $               ‐ $ Trash Receptacle (15 year cycle) Once Each 1,199.00 $         1 79.93 $               ‐ $ Trellis/Arbor (15 year cycle) Once Each 3,500.00 $         1 233.33 $             ‐ $ Solar Lighting Pole (15 year cycle) Once Each 8,000.00 $         1 533.33 $             ‐ $ Street Lights (Electricity & Maint) Monthly Each 34                  $              11.30 12 135.60 $             $        4,610.40 Reclamite (5 year cycle) Twice Sq Yd               ‐ $                0.96 2 0.96 $                  ‐ $ Crack seal (7 year cycle) Twice Sq Yd 0.68 $                 2 0.68 $                  ‐ $ cape seal (15 year cycle) Once Sq Yd               ‐ $              11.16 1 11.16 $               ‐ $

2.0' Overlay (20 year cycle) Once Sq Yd               ‐ $              33.42 1 33.42 $               ‐ $ Project Management Annual Lots 175               $              40.00 1 40.00 $               $        7,000.00 Block Wall Annual Ln Ft 2,850            $                0.75 1 0.75 $                  $        2,137.50 Total $      59,732.49
10% Reserve Fund (Repairs) 10% 5,973.25 $
Grand Total $      65,705.74
Number of Lots 175
Annual Per Lot Assessment $            375.46
Marseille Landscape & Lighting Tax Assesment Year 9
744
745
Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0214 Agenda Date: 6/3/2024 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Page 1 of 1 Printed on 5/31/2024
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Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0188 Agenda Date: 6/3/2024 Agenda #: 2.

Agenda Item Wording:

Authorization to Enter into a Sole Source for Sexual Assault Forensic Exams - Authorize the City Manager to enter into a sole source Professional Services Agreement with Central Valley Forensic Nursing Specialist under the ownership and direction of Heather McCoy, Registered Nurse, for sexual assault forensic (SART) exams effective July 1, 2024. Contract to renew annually for up to five years and is not to exceed $55,000 a year.

Deadline for Action: 5/20/2024
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]>; Lieutenant Mike Verissimo, ext. 4154, [email protected] <mailto:[email protected]>
Department Recommendation:

Authorize the City Manager to enter into a Professional Services Agreement with Central Valley Forensic Nursing Specialist (CVFNS) for sexual assault forensic exams effective July 1 ,2024. The contract to renewed annually for up to five years and is not to exceed $55,000 a year.

Summary:

Central Valley Forensic Nursing Specialist (CVFNS) provides scheduled and on call services to all law enforcement agencies in Tulare, Fresno, Madera, and Merced County. Depending on the number of sexual assaults, the cost of services fluctuates annually, with prior Police Department expenditures ranging from $40,000 to $55,000 annually. CVFNS will continue with the same unit cost of $1,200 per SART exam. The attached sheet provides the cost for additional services provided by this vendor.

Background Discussion:

CVFNS has provided the Visalia Police Department and other Central Valley agencies with sexual assault (SART) exams since 2019. Heather McCoy, RN is the President of CVNFS and has owned the business since she took over ownership of Forensic Nurse Specialist of Center California (FNSCC) in 2019. Forensic examinations are necessary to determine whether a person has been sexually assaulted and to collect physical evidence. The forensic professionals at CVFNS have extensive training and experience in sexual and physical abuse and evidence collection. If a forensic examination is determined to be necessary, a trained advocate will remain with the victim throughout the process.

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File #: 24-0188 Agenda Date: 6/3/2024 Agenda #: 2.

Fiscal Impact:

The Police Department budget includes $55,000 annually for Central Valley Forensic Nursing Specialist expenditure. Annual expenditure varies. Year to date for FY 23/24 is $46,800. A price list of services is attached.

CVFNS is the sole source provider for this service because there is no other vendor or medical facility in our local area that is qualified to perform SART exams. Staff will request insurance and disclosure of ownership requirements.

Prior Council Action: N/A
Other: N/A
Alternatives: Not authorize agreement.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to enter into a sole source Professional Services Agreement with Central Valley Forensic Nursing Specialist Inc. under the ownership and direction of Heather McCoy, Registered Nurse, for sexual assault forensic exams effective July 1, 2024. Contract to renew annually for up to five years and is not to exceed $55,000 a year.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Price Schedule.

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749
Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0183 Agenda Date: 6/3/2024 Agenda #: 3.

Agenda Item Wording:

Award & Appropriation of Funds for Fiber Optic Interconnect Improvements: Authorize the City Manager to award the construction contract with MP Next Level for RFB 23-24-15, Fiber Optic Interconnect Improvements: Ben Maddox Way, Demaree Street, and Houston Avenue in the amount of $1,110,181.30; authorize additional appropriations of funds; and authorize amendment of the Measure R Supplemental Agreement.

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

Cody McLaughlin, Associate Engineer, [email protected], 713-4595 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Rebecca Keenan, Senior Civil Engineer, [email protected], 713-4541 Jason Huckleberry, Engineering and Building Department Director, [email protected], (559) 713-4495
Department Recommendation:

Staff recommends that the City Council:

1. Authorize the City Manager to award a contract with MP Next Level for RFB 23-24-15 for the Fiber Optic Interconnect Improvements: Ben Maddox Way, Demaree Street, Houston Avenue (3010-7200/CP0513-999) in the amount of $1,110,181.30; and

2. Authorize an appropriation of additional CMAQ funds in the amount of $39,000; and

3. Authorize an appropriation of additional Measure R Regional (133) funds in the amount of $104,000 from the Measure R Regional (133); and

4. Authorize the City Manager to amend the Measure R Supplemental Agreement.

Background Discussion:

In January 2021, the City of Visalia submitted applications to Tulare County Association of Governments (TCAG) for Congestion Mitigation and Air Quality (CMAQ) Improvement Program grant funding. These applications were for traffic signal interconnect improvements at various locations to include: Houston Avenue, Ben Maddox Way, and Demaree Street. The City was awarded $1,097,000 in CMAQ grant funding for construction.

In February of 2022 the City Council authorized the City Manager to receive and appropriate the awarded CMAQ funds for this project totaling $1,097,000. In addition, the City Council authorized the Visalia City Council Page 1 of 4 Printed on 5/31/2024
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File #: 24-0183 Agenda Date: 6/3/2024 Agenda #: 3.
awarded CMAQ funds for this project totaling $1,097,000. In addition, the City Council authorized the City Manager to execute a Measure R Supplement Agreement with TCAG to utilize $247,000 of Measure R Regional funds for this project.

In August of 2022 the contract for consultant design services was awarded to JLB Traffic Engineering. The bid package was completed for bid in 2023 and advertised for construction in February of 2024. If awarded, the project is estimated to begin construction in July with approximately 3 months of construction.

This project improvements will include 5.5 miles of fiber optic cable installation in existing conduit, 0.5 miles of new conduit and new fiber optic cable installation, and connection of 13 traffic signals to the fiber optic system. Project Improvements are located along Demaree Street (Caldwell Avenue to Campus Avenue), Ben Maddox Avenue (Goshen Avenue to St Johns Parkway), Houston Avenue (Demaree Street to Gidding Street). The completion of this project will expand the connectivity of the City’s fiber optic traffic signal network as well as reduce emissions through minimizing delays at intersections.

Bidding Process:

The City of Visalia issued a formal Request for Bids (RFB) to solicit construction services for the RFB 23-24-15. On March 14, 2023 city staff received five (5) bids from the following contractors:

No. Contractor Location Base Bid

1. MP Next Level Maple Lake, MN $1,110,180.30

2. Dynamic Electrical Merced, CA $1,361,754,.03

3. HLE Inc Colton, CA $1,552,098.60

4. AC Electric Visalia, CA $1,697,004.10

5. Sebastian . Fresno, CA $1,973,986.36
The apparent low bidder is MP Next Level, Bids have been reviewed and references have been verified. Staff were able to make contact with two of the three references, which were The City of Palo Alto and The City of Modesto. The scope of work that MP Next Level performed for these two agencies included installation of conduit for fiber optic improvements, open trenching, directional boring, and backfill and paving restoration. After review of bids and refence checks staff recommends the contractor can perform the work for the project.

Bid Cost Analysis
All competitive bids were within on average 15% percent from one to the next, and the low bidder was within 15% of the engineer’s estimate. Refer to fiscal impact section for expansion on the project budget and appropriation request.

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File #: 24-0183 Agenda Date: 6/3/2024 Agenda #: 3.

Fiscal Impact:

The initial budget for this project was established in 2021, when the CMAQ grant application was submitted to the state, using an engineer’s estimate prepared in 2021. The engineer’s construction estimate was again updated in 2024, just prior to the release of the RFP, and indicated there would be potential increases needed to the established budget. This was confirmed with the received Bid proposals for construction, which came in close range to the 2024 engineer’s estimate, but still resulted in a project fund deficit. Refer to the Project Budget Summary below.

Traffic Signal Interconnect Improvements at Various Locations Budget Summary (CP0513):

Project Cost: CMAQ Funds (281) MR Regional Funds
Design (JLB Traffic
Engineering):
$122,908.59 $122,908.59
City Staff Costs : $54,000.00 $54,000.00
Construction: $1,310,000.00 $1,136,000 $174,000
Total Cost: $1,486,908.59 $1,136,000 $350,908.59
Total Available Funds $1,344,000.00 $1,097,000 $247,000.00 Funds Deficit: ($142,908.59) ($39,000) ($103,908.59)
Appropriation Request $143,000 $39,000 $104,000
Due to the above-identified budget deficit, staff recommends the appropriation of a total of $143,000.00 from the funds identified in the above table for the completion of this project.

Staff collaborated with TCAG to increase the federal CMAQ funds to this project up to $39,000 while maintaining the City’s initial local match commitment for construction. CMAQ funds require a minimum local match of 11.47 percent. The appropriation of an additional $104,000 from the Measure R Regional Fund (133) is recommended to meet the City’s local match amount. An amendment to the Measure R Supplemental Agreement is needed to increase the Measure R Regional funds allocated towards this project.

Prior Council Action:

August 15, 2022
Council authorized the City Manager to enter into a contract with JLB Traffic Engineering for professional consulting services for the Demaree Street, Houston Avenue, and Ben Maddox Avenue Traffic Signal Interconnect Improvements Project in the amount not to exceed $122,908.59.

Recommended Motion (and Alternative Motions if expected):

I move to Authorize the City Manager to enter into a contract with MP Next Level for RFB 23-24-15 for the Fiber Optic Interconnect Improvements: Ben Maddox Way, Demaree Street, Houston Avenue Project (3010-7200/CP0513-999) in the amount of $1,110,181.30, authorize an additional appropriation of $39,000 in CMAQ funds and $104,000 from the Measure R Regional Fund (133), Visalia City Council Page 3 of 4 Printed on 5/31/2024
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File #: 24-0183 Agenda Date: 6/3/2024 Agenda #: 3.
and authorize the City Manager to amend the Measure R Supplemental Agreement.

Environmental Assessment Status:

Categorical Exemption
CEQA Review:

Categorical Exemption
Attachments:

MP Next Level Ownership Disclosure Form
Project Location Maps
Visalia City Council Page 4 of 4 Printed on 5/31/2024
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Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0190 Agenda Date: 6/3/2024 Agenda #: 4.

Agenda Item Wording:

Renewal authorization for the ECO Transitional Jobs Program - Authorization for the City Manager to approve an agreement with the Workforce Investment Board of Tulare County to continue the Environmental Clean-Up Opportunities (ECO) Transitional Jobs Program through FY 2024/2025 in the amount of $245,000 from the Solid Waste Enterprise Fund.

Deadline for Action: 6/3/2024
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 713-4533; Nick Bartsch, Public Work Director, [email protected], 713-4052 Department Recommendation:

Staff recommends that City Council authorize the City Manager to execute an agreement with the Workforce Investment Board of Tulare County (WIB) to continue a Transitional Jobs Program benefitting the community through more clean-up and recycling and Visalia’s homeless population through job training and opportunities. The amount of the contract is $245,000, funded by the Solid Waste Enterprise Fund (441), to pay the City’s share of the Environmental Clean-up Opportunities (ECO) program costs.

Background Discussion:

In 2017, the City of Visalia and the Workforce Investment Board of Tulare County (WIB) established a program that would allow members of Visalia's homeless and low-income population to acquire the work skills necessary to obtain gainful employment while simultaneously addressing a community need, cleaning up illegally dumped material and recycling appropriate materials. Program participants are vetted and referred to the program by community partners, such as the Rescue Mission.

Upon entry to the program, participants spend up to three months working as part of a Community Services and Employment Training, Inc. (CSET) work crew, and are guided by a crew supervisor who helps prepare the participants for their transition to regular employment. Work assignments focus on picking up trash or illegally dumped material in the City right-of-way and other public areas. During this time, participants learn basic job skills such as arriving to work on time, working with others, accepting, and executing instructions, etc.

After successful completion of the initial Level I work-skills training portion of the program, participants begin working alongside City employees in the solid waste division as a CSET level II participant under general Solid Waste Department supervision. Here, they learn to work with less direct supervision and more accountability. Work includes assembling residential trash cans, helping with deliveries, and other related duties. After acquiring skills and experience, the goal is for the participant to obtain outside employment. Since the start of the program, the City has hired 9 level II participants as hourly employees. Of those 9, 2 are still employed with the City as hourlies, 4 have moved on to better opportunities, and 2 participants have recently obtained full time employment in Visalia City Council Page 1 of 4 Printed on 5/31/2024
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File #: 24-0190 Agenda Date: 6/3/2024 Agenda #: 4.
moved on to better opportunities, and 2 participants have recently obtained full time employment in the City’s SWEEP program. One other employee received full time status as a solid waste driver in 2023.

Current Fiscal Year Outcomes
From July 2023 through March 2024, the ECO Program has had the following results:

Homeless Individuals:
· Referred to ECO: 307
· Attended Orientation: 71
· Completed Job Readiness: 47
Level I Crew Members: (33)
· Hours Worked: 4,323
· Total Wages Earned: $87,941
· Avg Wage Earned: $2,665
Level II Crew Members: (14)
· Hours Worked: 2,577
· Total Wages Earned: $50,176
· Avg Wage Earned: $3,584
Level I ECO Material Count (Litter Abatement)
· Total pounds of trash and misc. debris removed: 194,850 · Average month pounds of trash/misc. removed: 21,650
Goal versus Actual number of participants
Goal Actual FY22/23 Actual FY23/24 (July -
March)
Level I 40 49 33
Level II 20 13 14
Employment 24 22 5
In comparison to the previous year at this time, the total average wage paid to a level 1 and level 2 participant increased by $500. The amount of litter picked up increased nominally from 194,155 lbs. to 194,850 lbs.

ECO participants also continue to obtain employment at a high rate as compared to the goals of the program. The goal of 24 placements was almost met with 22 placements completed in FY 22/23, with this fiscal year off the pace with only 5 placements. Even though there will be participants meeting the employment goal for the rest of the year, the WIB has mentioned that certain factors including the shift to an employer’s market has impacted the employment pool. It is also important to note that these placements are based only on the participants that complete the orientation. Out of the 307 total individuals that were referred to the program, there are some that obtain employment before attending orientation, realizing success before beginning the program. The opportunity to be part of the program is a good incentive to get people involved with the WIB and actively looking for Visalia City Council Page 2 of 4 Printed on 5/31/2024
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File #: 24-0190 Agenda Date: 6/3/2024 Agenda #: 4.
employment, which can be achieved for some without entering the ECO program.

The City is receiving Level II participants at a regular rate and is seeing a benefit for the Solid Waste Department. Even though the primary goal is the success of the participants, it becomes a win-win situation if the City of Visalia is able to fill hourly vacancies with these participants while they are on their success path. In addition to being a resource for level 2 hourly workers, the level 1 crew managed by CSET has always been willing to help City staff if a cleanup is needed and staff is short or unavailable.

Fiscal Impact:

Funding for this program is partially offset from the Solid Waste Enterprise Fund (441) Bottle Bill Revenues (Approximately $36,500) and savings from the four Solid Waste hourly positions that are held vacant since the work is performed through the ECO program. In addition, the Solid Waste Enterprise Fund realizes savings from the illegal dumping that is picked up throughout the City. Not only does this bring down the total tonnage cost of pickups, but it also decreases the number of times the City utilizes the contractor or our new SWEEP program for illegal dumping and increases our recycling rates.

The City of Visalia’s portion of the program is $245,000 and is disbursed based on actual cost. The budget for FY 23/24 is $15,000 more than the previous year and primarily pays for operational costs of the program including vehicles, supplies, the crew supervisor, and program coordinator. The total budget increase is due to the wage increases and a small increase in total participant hours per the budget supplied by the Workforce Investment Board. If the actual costs come in less, the remainder goes back to the Solid Waste Fund.

The proposed budget is as follows:

Project Costs
City of Visalia $245,000
Workforce Investment Board $245,000
Total Cost $490,000
1 WIB Program Analyst (salary, fringe, indirect costs) $32,000 2 Personnel/Benefits (Crew Supervisor, Program Coordinator, Career Coach) $151,000 3 Administrative Oversight (Staff & ICR) $36,000
4 Vehicle, Fuel & Trailer Operating Costs $25,000
5 Facilities (building space, maintenance & repair, security, janitorial, utilities, & staff cell phones) $7,000
6 Supplies, PPE safety equipment, & other operating costs $20,000 7 Subtotal - Operational Costs $271,000
8 Transitional Jobs (Participant Wages 40 Level I, & 20 Level II) $213,000 9 Support Services (Boots, shirts, pants, bus passes, interview clothes, etc.) $6,000
10 Subtotal - Participants Costs $219,000
11 Total Budget (Line 7+10) $490000
Participant Costs
Operational Costs FY24/25
Budget Summary
Visalia City Council Page 3 of 4 Printed on 5/31/2024
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File #: 24-0190 Agenda Date: 6/3/2024 Agenda #: 4.
1 WIB Program Analyst (salary, fringe, indirect costs) $32,000 2 Personnel/Benefits (Crew Supervisor, Program Coordinator, Career Coach) $151,000 3 Administrative Oversight (Staff & ICR) $36,000
4 Vehicle, Fuel & Trailer Operating Costs $25,000
5 Facilities (building space, maintenance & repair, security, janitorial, utilities, & staff cell phones) $7,000
6 Supplies, PPE safety equipment, & other operating costs $20,000 7 Subtotal - Operational Costs $271,000
8 Transitional Jobs (Participant Wages 40 Level I, & 20 Level II) $213,000 9 Support Services (Boots, shirts, pants, bus passes, interview clothes, etc.) $6,000
10 Subtotal - Participants Costs $219,000
11 Total Budget (Line 7+10) $490,000
Participant Costs
Operational Costs FY24/25
Budget Summary
Prior Council Action: March 6, 2017 - Initial Program authorization June 18, 2018 - Program reauthorization for FY 18/19 June 3, 2019 - Program reauthorization for FY 19/20 June 5, 2020 - Program reauthorization for FY 20/21 June 7, 2021 - Program
reauthorization for FY 21/22 June 20,2022 - Program reauthorization for FY 22/23 May 15, 2023 - Program reauthorization for FY 23/24 Other: N/A
Alternatives: Decline reauthorization and discontinue program. This alternative is not recommended as the program provides tangible benefit to the City at a reasonable cost.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute an agreement with the Workforce Investment Board of Tulare County to continue a Transitional Jobs Program (ECO) in the amount of $245,000 to be paid for out of the Solid Waste Enterprise Fund (441).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: FY 24/25 Draft MOU
Visalia City Council Page 4 of 4 Printed on 5/31/2024
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MEMORANDUM OF UNDERSTANDING
Between the

CITY OF VISALIA
And the

WORKFORCE INVESTMENT BOARD OF TULARE COUNTY
“Regarding the Implementation of a Transitional Jobs Program” This Memorandum of Understanding (MOU) is entered into between the City of Visalia, a California Municipal Corporation, hereinafter referred to as “City,” and the Workforce Investment Board of Tulare County, a California Non-Profit Public Benefit Corporation, hereinafter referred to as “WIB,” as of July 1, 2024.

This MOU is made with reference to the following recitals:

1. City and the WIB are partnering to implement a Transitional Jobs Program within the community of Visalia.

2. City will allocate two hundred thirty thousand dollars ($245,000) to the WIB to operate the Transitional Jobs Program outlined in Exhibits A and B of this MOU (the “Program”).

3. The WIB has received Workforce Innovation and Opportunity Act (WIOA) funding to fund a portion of the Transitional Jobs Program.

4. WIB will allocate two hundred thirty thousand dollars ($245,000) in City funds and two hundred thirty thousand dollars ($245,000) in WIOA funds for participant transitional jobs (subsidized employment) and program operation costs to its service provider to operate the program.

5. CITY and the WIB mutually agree that the responsibilities outlined in this MOU foster healthy collaboration for the purpose of implementing the Program.

NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements therein contained, the Parties agree as follows:

I. TERM
The term of this MOU is from July 1, 2024 through June 30, 2025, or until such earlier time as all obligations have been met, or unless earlier terminated or extended according to the provisions contained herein. Upon mutual written agreement, the Parties may extend the term of this Agreement for such period of time and upon such terms as they may agree.

II. DISTRIBUTION OF FUNDS
To request reimbursement for Program services provided hereunder, WIB shall submit a monthly invoice to City with back-up documentation by the 30th of the subsequent month.

All invoices submitted shall be paid by the City on a reimbursement basis for actual costs.

Both Parties have funds set aside to fund the Program. CITY and the WIB have agreed to pay the costs of the Program as outlined in Exhibit B to this MOU. If actual costs invoiced to the City do not meet the City obligated amount, then only the actual incurred costs will be reimbursed.

III. COOPERATIVE OBLIGATIONS
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The roles and responsibilities of CITY and WIB for the Program are outlined in the attached Exhibit A “Statement of Work”, Exhibit B “Budget Detail”, and Exhibit C “Work Program Definitions”:

1. The WIB shall perform the services described in Exhibit “A” to meet the objectives of the Program.

2. The WIB shall not exceed the salary and benefits costs in Exhibit B “Budget Details”.

3. CITY shall not exceed the program cost outlined in Exhibit B “Budget Details”.

IV. WIB CONTRIBUTION
After receipt of grant funds, and in accordance with the provisions of the WIOA requirements and related regulations directives, WIB will pay for Participant salary and fringe benefits and other participant training costs, as they relate to the Exhibit B.

V. CITY CONTRIBUTION
CITY will contribute $245,000 to pay for operational costs and supportive services as they relate to the Exhibit B.

VI. REVISION, ADDENDUM
Revisions to the basic framework of this MOU shall be by the mutual written agreement of the Parties. Supplements to this MOU may be by numeric addendums executed by each Party and attached to the original of this MOU.

VII. TERMINATION
Either Party may terminate this MOU at any time without cause upon not less than fortyfive (45) days’ prior written notice. In the event of such termination, the Parties shall consult prior to the date of termination to ensure termination occurs on the most equitable terms; however, such consultation shall not prohibit or restrict either Party from exercising its right to terminate this MOU.

VIII. NON-DISCRIMINATION CLAUSE

1. The Parties agree that no person participating in under the terms of this MOU shall, because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed, political belief or sexual orientation, be excluded from participation, be denied benefits of, or be subject to discrimination.

2. The Parties shall comply with all state, federal and local laws that forbid discrimination against any person on the grounds of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed, political belief or sexual orientation in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, 776
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upgrading, demotion, transfer, rates for pay or other forms of compensation, use of facilities, and other terms and conditions of employment.

3. The Parties agree that they will comply with the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.

IX. INDEPENDENT CONTRACT STATUS
It is agreed that the WIB, including any and all of their officers, agents, contractors, subcontractors, and employees, will be at all times during the performance of the work, duties and obligations of pursuant to this MOU be acting and performing as an independent contractor and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venture, partner, or associate of the City.

X. INDEMNIFICATION AND INSURANCE
WIB shall defend, indemnify, and hold harmless the City and its officers, council members, employees, volunteers and agents, from any and all costs and expenses, damages, liabilities, demands, causes of action, suits, charges, or legal or administrative proceedings, claims and losses, including, without limitation, attorney’s fees and costs, caused by or arising out of any act or omission of WIB relating to the terms of this MOU.

City shall defend, indemnify, and hold harmless the WIB and its officers, council members, employees, volunteers and agents, from any and all costs and expenses, damages, liabilities, demands, causes of action, suits, charges, or legal or administrative proceedings, claims and losses, including, without limitation, attorney’s fees and costs, caused by or arising out of any act or omission of City relating to the terms of this MOU.

WIB agrees that at all time while working on City property it shall require its agents, employees, contractors, and subcontractors, to maintain general liability insurance, automobile liability, and worker’s compensation insurance at levels approved by the City.

Prior to entry on City of Visalia proof of such insurance shall be provided to City.

XI. SETTLEMENT OF DISPUTES
The parties have worked cooperatively to prepare their framework for this MOU, and the language herein should not be construed against any of the parties. If a dispute arises out of or relating to this MOU, or the breach thereof, and if said dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation or some other dispute resolution procedure, unless the Parties mutually agree otherwise. The mediator shall be mutually selected by the Parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each Party. All costs and fees required by the mediator shall be split equally by the Parties, otherwise each Party shall bear its own 777
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costs of mediation. If mediation fails to resolve the dispute within 30 days, then either Party may pursue litigation to resolve the dispute.

XII. LOSS OF FUNDING
It is understood and agreed that if the funding is either discontinued or reduced for the Program, then WIB or City shall have the right to terminate this MOU. In such event, the affected Party shall provide the other Party with at least thirty (30) days prior written notice of such termination.

WORKFORCE INVESTMENT BOARD OF TULARE COUNTY

____________________________ Date _____________________ Adam Peck, Executive Director

CITY OF VISALIA
____________________________ Date______________________ City of Visalia Project Manager
____________________________ Date ______________________ City of Visalia City Manager

____________________________ Date: ____________________ City Attorney

____________________________ Date: ____________________ City of Visalia Risk Manager
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EXHIBIT A
Statement of Work
Transitional Jobs Program
Work to Be Performed - The WIB shall implement a Transitional Jobs program (the “Program”) for 40 individuals, referred by agencies designated by the City, who meet the following criteria:
a) Are homeless (See Definitions, Exhibit C) or
b) have been homeless within the past 12 months; and
c) WIOA Adult Eligible (See Definition, Exhibit C); and d) Reside in Visalia.

Participants shall be supported through the Program by a full-time crew supervisor assigned to supervise the crews and serve as a job coach and mentor. Participants will be provided with the following services:
a) Transportation to and from worksites.
b) A workplace orientation that includes work expectations and safety training. c) Career coaching.
d) Pre-employment skills training.
e) Supportive services.

Pre-Employment Seminars
The Program will provide pre-employment skills that are essential to job seeking and retention for 40 participants, these seminars include:
 Finance and budgeting
 Interviewing skills
 Career Exploration
 Create Resume
 How to apply for jobs online and in person
Job Coaching
The Program will provide job coaching, including:
 Workplace orientation, work expectations and safety.
 On-site crew supervisor to provide supervision, job coaching, and teach work skills.  Provide clear instructions and feedback.

General Transitional Job Description
The City will designate worksites, tasks, and skills to be acquired during the transitional job. Participants will be expected to be able to:
 Arrive to work on time
 Able to take instructions from a crew supervisor
 Work 20 hours per week Monday–Friday
 Able to lift 30 lbs.
 Able to stoop, pick up debris
 Able to use basic hand tools and equipment (shovels, rakes, hoes, litter grabbers, etc.)  Able to use due care while working in the public right-of-way being aware of cars, watching traffic, avoiding walking in streets when appropriate
 Receive bi-weekly performance evaluations
 Expectation to complete training plan (task and skills to be attained)  May receive additional hours of training, if he/she is having difficultly attaining skills outlined in the training plan
 Expectation to complete training plan (task and skills to be attained) 779
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Transitional Jobs - Completion
Upon completion of a transitional job, individuals may continue to access WIOA Basic and Individualized Services and Training that lead to employment, services include:
 Staff assisted job search and job referrals
 Supportive services
 On-the-job training
 Occupational skills training
 Follow-up
Subcontracting
The WIB may subcontract portions of this contract with prior written approval from the City. All subcontracts must be formalized through written contracts that specify services to be provided and include itemized budgets, as well as any appropriate performance expectations. A complete copy of all subcontracts with appropriate signatures must be on file with the City. The WIB shall monitor all subcontractors to ensure compliance.

Matching Funds
The WIB shall provide matching funds in the form of participant wages to the 40 homeless individuals that are WIOA eligible and assigned to City designated worksites and projects within the City limits. 780
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EXHIBIT B
Budget Summary
Project Costs
City of Visalia $245,000
Workforce Investment Board of Tulare County $245,000
Total Cost: $490,000
July 1, 2023 through June 30, 2024
Budget Summary
Operational Costs Budget
1 WIB Program Analyst (salary, fringe, indirect costs) $32,000 2 Personnel/Benefits: Crew Supervisor & Program Coordinator $151,000 3 Administrative Oversight (Staff & ICR) $36,000
4 Vehicle, Fuel & Trailer Operating Costs $25,000
5 Facilities (building space, maintenance & repair, security, janitorial, utilities, & staff cell phones) $7,000
6 Supplies, PPE safety equipment, & other operating costs $20,000 7 Subtotal - Operational Costs $271,000
Participant
& Other
Costs
8 Transitional Jobs (Participant Wages 40 Level I, & 20 Level II) $213,000 9 Support Services (Boots, shirts, pants, bus passes, interview clothes, etc.) $6,000
10 Subtotal - Participants Costs $219,000
11 Total Budget $490,000
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Participant Wages and Enrollment Plan
Transitional Jobs
Levels I & II Level I - II Crews
Time
Frame Individuals
Hours
Worked
Hourly
Rate
Fringe
Benefits
Total
Wages
Total
Fringe Cost Per
Level I
40 participants -
work crews
Level II
20 participants -
City job site

Level I Crew Work
(2 crew) July -
Aug
10 1,725 16.00 3.36 29,325 5,796 35,121
Level II City/Partner
Work 5 890 16.00 3.36 15,130 2,990 18,120
Level I Crew Work
(2 crews) Sept -
Dec
10 1,725 16.00 3.36 29,325 5,796 35,121
Level II City/Partner
Work 5 890 16.00 3.36 15,130 2,990 18,120
Level I Crew Work
(2 crews) Jan -
Mar
10 1,725 16.00 3.36 29,325 5,796 35,121
Level II City/Partner
Work 5 890 16.00 3.36 15,130 2,990 18,120
Level I Crew Work
(2 crews) Apr -
June
10 1,725 16.00 3.36 29,325 5,796 35,121
Level II City/Partner
Work 5 890 16.00 3.36 15,130 2,990 18,120
Total Participants Level I 40
Total Participants Level II 20 Total $212,964

Participant Costs
Support Services 6,000
Transitional Jobs 213,000 (Rounded)
Participant Costs $219,000
782
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EXHIBIT C
Work Program Definitions

DEFINITIONS
Homeless individual means an individual who lacks a fixed, regular, and adequate nighttime residence and includes an individual who:
(1) Is sharing the housing of other persons due to loss of housing, economic hardship, or similar reason;
(2) Is living in a motel, hotel, trailer park, or campground due to the lack of alternative adequate accommodations;
(3) Is living in an emergency or transitional shelter;
(4) Is abandoned in a hospital, or is awaiting foster care placement; (5) Has a primary nighttime residence that is a public or private place not designed for or ordinarily used as regular sleeping accommodation for human beings.

Source: 56462 Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Rules and Regulations, p. 392
WIOA Eligibility Registration Requirements
In order for an individual to participate in WIOA services, he/she must complete the registration process and meet Priority of Service which includes a homeless individual, low income, or veterans and eligible spouses. The following criteria will be verified and documented in the participant file:
 Must be at least 18 years old
 Possess right-to-work documents
 Registered with Selective Service
o Males born on or after January 1, 1960
Transitional Job - A time limited wage paid work experience for individuals who have barriers to employment, who are chronically unemployed or have inconsistent work history.

Basic Skills Deficient – An individual that is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual’s family, or in society (WIOA Section 3[5]). Criteria used to determine whether an individual is basic skills deficient includes the following:
• Lacks a high school diploma or high school equivalency and is not enrolled in postsecondary education.
• Enrolled in a Title II Adult Education/Literacy program. • English, reading, writing, or computing skills at an 8.9 or below grade level. • Determined to be Limited English Skills proficient through staff-documented observations.
• A standardized test may be used to assess basic skills that includes reading, writing, or computing skills.

Low-Income – An individual that meets one of the four criteria below:

1. Receives, or in the past six months has received, or is a member of a family that is receiving, or in the past six months has received, assistance through the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance For Needy Families 783
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(TANF), program supplemental security income program, or state or local income-based public assistance.

2. In a family with total family income that does not exceed the higher of the following:
a. The poverty line.
b. 70 percent of the Lower Living Standard Income Level.

3. A homeless individual.

4. An individual with a disability whose own income does not exceed the income requirement, but is a member of a family whose total income does.

Public Assistance Recipient – An individual that receives federal, state, or local government cash payments for which eligibility is determined by a needs or income test (WIOA Section 3[50]).

Self-Attestation – When a participant states his or her status for a particular data element, such as low income, and then signs and dates a form acknowledging this status. The key elements for self-attestation are
1) the participant identifying his or her status for permitted elements, and 2) signing and dating a form attesting to this self-identification. 784
Visalia City Council
Staff Report
Visalia City Council
303 E. Acequia
Visalia, CA 93291
File #: 24-0192 Agenda Date: 6/3/2024 Agenda #: 5.

Agenda Item Wording:

Authorize Shade Structure Contract for Recreation Park - Authorize the City Manager to award playground shade structure design & installation services at Recreation Park to Zoom Recreation, Inc. of Irvine, CA, for an amount not to exceed of $241,783.00.

Deadline for Action: 6/3/2024
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 a new playground shade structure at Recreation Park to Zoom Recreation, Inc. of Irvine, CA, in the amount of and not to exceed $241,783.00, per specifications of RFP #23-24-12A.

Background Discussion:

At the December 20, 2021, City of Visalia Council Work Session, the City Council approved the appropriation of $29,364,455 from the federal American Rescue Plan Act (ARPA), of which $3,900,000 was 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 seven parks that were void of shade structures over the playground and would increase the usability of the playground for the community. To expedite the Request for Proposal (RFP) timeline and given the similarity of the projects, all seven parks went through the RFP process concurrently. These parks included Recreation Park, Provident Skate Park, Village Park, Houk Park, Whitendale Park, Stonebrook Park, and Sunset Park.

RFP #23-24-12A was advertised on March 12, 2024, and March 19, 2024, for the design and construction of a new shade structure over the dimensions of the existing playground fall surfacing area. Two mandatory proposer conferences were conducted on March 27, 2024, and March 28, 2024, where staff answered questions and toured the playground area with several contractors. Proposals for the RFP were due on April 11, 2024. The City received a total of two design submissions from two proposers. A selection committee was formed and met on April 30, 2024, to review the design proposals and select the design they felt met the requirements of the RFP and provided the most playability to the community. The selection committee was comprised of four City staff members, including 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 #23-24-12A. During its review the committee felt that the proposals submitted by Zoom Recreation Inc., and Anchor 41 Construction were the Visalia City Council Page 1 of 2 Printed on 5/31/2024
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File #: 24-0192 Agenda Date: 6/3/2024 Agenda #: 5.
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 met again on May 8, 2024, to review the cost for each of the top two designs and concluded that the Zoom Recreation Inc. design proposal best meets the requirements of RFP #23-24-12A and the needs of the community.

Fiscal Impact:

The fiscal impact for RFP #23-24-12A, a construction contract for Playground Shade Structure Design & Installation Services at Recreation 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 Shade Structure Installation Project at Recreation Park, to Zoom Recreation, Inc. (RFP #23-24-12A) for a not to exceed amount of $241,783.00.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFP #23-24-12A, RFP #23-24-12A Addendum 1, Zoom Recreation, Inc. Proposal, Evaluation Form, Site Map.

Visalia City Council Page 2 of 2 Printed on 5/31/2024
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PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

CITY OF VISALIA, CA

REQUEST FOR PROPOSALS
RFP #23-24-12A

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION

PROJECT AT RECREATION PARK
DESCRIPTION: The City of Visalia is seeking proposals from qualified firms to design and install playground shade structure at Recreation Park.

PROPOSER Two mandatory conferences have been scheduled for this project. Interested CONFERENCE: Proposers are required to attend at least one of the mandatory meetings to be considered eligible to propose on the project. The meeting will be held on the dates/times below at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA. At the conclusion of the meeting, interested Proposers will have the opportunity to visit the park with the Project Manager.

Wednesday, March 27, 2024 @ 10:00 a.m.

Thursday, March 28, 2024 @ 10:00 a.m.

SUBMITTAL One (1) unbound original and four (4) copies are due no later than 2:00 p.m. on DEADLINE: Thursday, April 11, 2024.

ADDRESS TO: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
MARK RFP No. 23-24-12A
ENVELOPE: Playground Shade Structure Design and Installation Project at Recreation Park INQUIRIES:

Direct all questions to the Visalia Purchasing Division (559) 713-4334. To prevent misinterpretation, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected] by 4:00 p.m. on Monday, April 01, 2024.

PUBLIC WORKS PROJECT:

Notice is hereby given that this is a Public Works Project. In compliance with SB854 and Labor Code Section 1725.5, all contractors, and subcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner. 787

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

CITY OF VISALIA, CALIFORNIA
REQUEST FOR PROPOSAL (RFP) 23-24-12A
Playground Shade Structure Design & Installation Project at

RECREATION PARK
SEALED PROPOSALS will be received by the Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 2:00 p.m., on Thursday, April 11, 2024, for Playground Shade Structure Design and Installation Project at Recreation Park. Interested Proposers must propose on all items in the specifications. Requests for Proposal specifications and contract documents may be obtained by calling the Purchasing Division at (559) 713- 4334 or emailing [email protected].

Two mandatory conferences have been scheduled for this project as follows:

Wednesday, March 27, 2024, at 10:00 A.M. and
Thursday, March 28, 2024, at 10:00 A.M.

Interested Proposers are required to attend at least one of the mandatory meetings to be considered eligible to submit a proposal on the project. The meeting will be held at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA. At the conclusion of the meeting, interested Proposers will have an opportunity to visit the park with the Project Manager. Transportation will be the responsibility of the Proposer.

PROJECT COMPLETION: Contractor shall order playground equipment and shade structure within ten (10) days of receiving the Notice to Proceed and complete the project within sixty (60) working days after equipment has been delivered.

REQUIRED BONDS: Awarded Contractor shall be required 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 Contractor 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.

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 IX for additional Department of Industrial Relations Requirements applicable to this project.

PROJECT BUDGET/ENGINEER’S ESTIMATE: The City of Visalia does not provide an Engineer’s Estimate, however the total approved budget for this project is approximately $200,000 which is an estimate of the total project delivery costs. 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 Treasury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA). Proposals are required for the entire work.

TO OBTAIN SPECIFICATIONS AND BID DOCUMENTS: Electronic versions of plans, bid forms, and other contract documents may be requested from the office of the Purchasing Division 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 containing the documents will be sent via U.S. mail free of charge.

If documents are requested to be shipped overnight via Fed-ex, the Contractor is responsible for all shipping charges incurred and will be billed by the shipping company directly. Documents are also available at various builders’ exchanges.
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PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

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 Monday, April 1, 2024.

PUBLIC WORKS CONTRACT: Notice is hereby given that this is a Public Works Project. Bidders/Contractors must be registered with the California Department of Industrial Relations (DIR). In addition, 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 listed in a bid proposal, or perform any public work for the City. Proof of registration for each contractor and subcontractor is required to bid.

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 Rates for this 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. Is it this instead? https://sam.gov/content/wage-determinations Contractor must comply with all State and Federal regulations 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 Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

The right is reserved by the City of Visalia to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

Publish Dates: March 12, 2024
March 19, 2024
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PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

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 ...............................................................................................7 C. Consultant Responsibilities............................................................................................18 D. City Responsibilities .........................................................................................................9 IV. Proposal Content and Format Requirements ..........................................................................9 A. General Information .........................................................................................................9 B. Proposed Project & Detail Regarding Project..................................................................9 C. Staff Qualifications and Related Experience ...................................................................9 D. Proposed Fee Structure and Schedules ........................................................................10 E. Required Forms .............................................................................................................10 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.............................................17 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..................................................................19 Project Site/Existing Utilities and Structures ...........................................................20 790

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

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 SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

I. DEFINITIONS
For the purposes of this RFP NO. 23-24-12A, 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 “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Proposal.

5. “RFP” means Request for Proposal No. 23-24-12A.

II. INTRODUCTION
A. Information
The City of Visalia is requesting proposals from qualified firms to provide the design and installation of new playground shade structure at Recreation Park, 345 N. Jacob St, Visalia, CA. Interested Proposers must propose on all items in the specifications.

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 Treasury. Federal 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. Acequia Street, Visalia, California, or by calling (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 responsible for all shipping charges incurred and will be billed by the shipping company directly.

Prevailing Wages: Under the requirements of Labor Code section 1782 passed 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 project is being funded with federal funds and is subject to the 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 Business and Professions Code and has a current minimum of a Class D-34 Prefabricated Equipment Contractor’s license. See Section III for additional Department of Industrial Relations Requirements applicable to this project.

Use of Subcontractors: Your proposal may include subcontractors and you should clearly delineate the responsibilities of each of those participants within your proposal. However, the City will recognize 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 Request for Proposals is being issued by the City of Visalia Purchasing Division on behalf of the Parks Maintenance Division. Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the Purchasing Division at (559) 713-4334. However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected]. 792

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers are specifically directed not to 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 rejection of proposals.

B. Purpose, Objective and Services to be Provided
Visalia is located east of State Highway 99 and along State Highway 198. The City’s population is approximately 143,000. Its incorporated area covers approximately 36 square miles. The purpose of this project is to provide the City of Visalia with the highest quality playground shade structures 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 provide design and installation services for a new playground shade structure.

C. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public .......................................................................................March 12, 2024 Proposer Conference #1 at 707 W. Acequia Ave. @ 10:00 a.m., ............................March 27, 2024 Proposer Conference #2 at 707 W. Acequia Ave. @ 10:00 a.m., ...........................March 28, 2024 Deadline for Questions at 4:00 p.m. ..............................................................................April 1, 2024 RFP due at 707 W Acequia at 2:00 pm ....................................................................April 11, 2024 Short list established and vendors notified ........................................................................April 2024 Interviews/Presentations with short-listed vendors (if required) ........................................ May 2024 Award of Contract @ City Council Meeting ...................................................................... June 2024 Contract Begins........................................................................... upon contract being fully executed Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.

III. SCOPE OF SERVICES
A. Required Products
Recreation Park Playground Shade Structure Design
Work is to include:
 Design and installation of a free-standing sail type shade structure to provide maximum coverage over each playground structure,
Suppliers shall submit a maximum of (2) two designs.

The City of Visalia requires Suppliers to design a shade structure system that meets or exceeds all current federal CPSC, ASTM, IPEMA standards and ADA requirements. The proposals shall include the shade structure design and equipment cost, detailed technical installation instructions and maintenance & operations manuals from manufacturer.

The City of Visalia shall be exempt for any liability for costs incurred by unsuccessful Proposers Suppliers in preparation of the proposal.

B. Services of the Consultant
The City of Visalia will require the consultant to perform the tasks detailed below and in the Introductory Section so that the contract will be completed by the end of the sixty (60) day contract period for the Project. 793

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

Awarded Consultant will be required to obtain from the City’s Building Services Division (315 E. Acequia Avenue) a Visalia Building permit for awarded project. The City of Visalia will pay for the cost of the building permit.

Awarded Consultant is required to obtain a City of Visalia Business Tax permit from our Business Tax Division, located at 707 W. Acequia Avenue. The cost of business tax certificate is the Awarded Consultant’s responsibility. For more information, call 559-713-4326 or email [email protected].

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 that has a designated wage rate. Further, the Awarded Consultant will be responsible for uploading certified payroll to the Labor Commissioner and provide the City of Visalia project manager with Contractor’s affidavit that labor codes were followed, and prevailing 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 & SHADE STRUCTURE SPECIFICATIONS Suppliers should base their designs on meeting all accessibility and safety standards as well as the guidelines & specifications listed in this RFP. Quality of equipment components, quality of design, cost and appropriateness to location and target demographic must be taken into consideration and stay within budget in the design and construction of the shade structure.

Budget for project: $200,000.00.

Recreation Park 5 to 12 Playground Dimensions: 140’ x 98’ Approximate Perimeter Required Items:

1. All shade structure elements must meet and/or exceed all federal, CPSC, ASTM & IPEMA guidelines and local building requirements.

2. Free-standing sail type shade structure to provide maximum coverage over entire playground structure.

Play System Features in Priority Order:

3. Provide a minimum of one shade structure designed over the ages 5 to 12 playground structure.

Preferred Play System Qualities:

4. All shade structure elements must demonstrate the highest level of durability in materials and finishes selected in consideration of child health and safety.

5. Shade structure fabric shall provide a minimum shade factor of 80% and UV blocking of 85%, and 5- year warranty for stitching thread against degradation, cracking or material breakdown resulting from ultra-violet exposure, mold, or mildew.

6. Shade structure shall use forest green, tan and chocolate brown as primary colors.

In the proposal, provide a list of the components proposed for the Recreation Park shade structure system.

Include structure and component model numbers, materials, color choices and recommendations, estimated lifetime of equipment including manufactures warranty and any other relevant descriptive information.

Shade structure system design shall safely fit over the playground area as shown on the site plans (Attached). Suppliers are encouraged to be creative in their designs and to maximize shade provided in their proposals. Suppliers may submit proposals from non-traditional type shade structures, if desired, in whole or as components of the overall shade structure.

D. City Responsibilities
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PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

 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 documents submitted to the City by the Consultant and timely render decisions pertaining thereto.
 Give reasonably prompt consideration to all matters submitted by the Consultant for approval 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.

IV. PROPOSAL CONTENT AND FORMAT REQUIREMENTS
The following are proposal requirements. Respondents are requested to organize their proposal into sections with tabs corresponding to the listed selection criteria as follows. You must answer the following questions in the same sequence as below. A screening committee will evaluate the completeness of the response to the RFP.

A. General Information
 Cover letter referencing firm name, address, telephone number and email address.  Account Representative or other person to contact for clarification of any item contained 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 surety information for all sureties – General and Automobile Liability, 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 special 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 information in this section will aid the City in the refinement of the scope of work during contract negotiations.

C. Staff Qualifications and Related Experience

1. Staff Qualifications and Experience
This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related 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. 795

PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

If your firm intends to subcontract any of the services required under this RFP it should be discussed in this section. Detailed information for each subcontractor must be provided. Note: No work may be subcontracted, nor assigned, without prior written approval of the City of Visalia.

2. Related Experience
Include descriptive information concerning the experience of the firm. Include information about previous projects that might be comparable, including the size and type of projects and the scope of services provided. These projects must demonstrate that the consultant has experience in designing systems with multi use functions effectively blended into neighborhood design. In addition, provide references for the three (3) most comparable projects for which your firm has provided, 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 and Schedules
A Proposed Fee Structure and Schedule shall be provided as a part of the RFP submittal 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 budget plan for all services to be provided in the following format:

1. Proposers should review the requirements of this RFP and address all services in this fee schedule that might reasonably be expected to support the project. Indicate how the City will be invoiced for services, i.e., unit or hourly costs. This information should be detailed and broken down to include type of service and units of work or other applicable measure (for example, staff hours at a certain rate).

Proposers should endeavor to provide a comprehensive, fee schedule for each Project being proposed, 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 for the project being proposed. This cost will be used as a basis for negotiations.
 Clearly identify all costs for Tasks related to the project for which a proposal is being submitted.  Clearly identify all trades to be performed and the corresponding State of California prevailing wage determinations for same. The Awarded Contractor will be responsible for uploading certified payroll to the Labor Commissioner and provide the City of Visalia project manager with an affidavit that labor codes and prevailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment.

2. The fee proposal submitted under separate, sealed cover, along with the proposed project approach, will be used as a basis for any contract negotiations. The actual scope of services 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 must be completed and returned with your proposal (pages 21-41).
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PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

V. CONSULTANT SELECTION PROCEDURE
Selection of the successful proposal shall be generally based on the information provided by the Vendors in response to the Request for Proposals and any subsequent interviews that may be conducted. Consultant interviews will be held solely at the option and discretion 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 necessary, will be formed to evaluate the proposals and to make recommendation to the Visalia City Council. This committee may consist of representatives of the user department, members of the community, members of the Council, and may include a representative knowledgeable in playground systems from outside of the community. Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee 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 conformance 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, the key personnel responsible for fulfilling the requirements of the project shall be required to be present for the interview.

A. Criteria and Evaluation Points
The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a contractor to perform the services of the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with short-listed firms.

Criteria: STEP ONE Max Points

1. ADA, ASTM, IPEMA & CPAC compliance Yes/No

2. Proposal addresses design guidelines and specifications 25

3. Quality of design, percentage of shade provided to play structure 20

4. Quality and durability of equipment 20

5. Uniqueness of Equipment 15

6. Reputation and reliability of manufacturer 10

7. Overall cost and 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 of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.
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PLAYGROUND SHADE STRUCTURE DESIGN AND INSTALLATION PROJECT AT RECREATION PARK RFP No. 23-24-12A

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 business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

C. Award of Contract
The successful firm will be required to enter into a contract with the City of Visalia. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

VI. GENERAL CONDITIONS
A. Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, 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 Proposals will be administered by the City of Visalia Community Services Department and the Visalia Purchasing Division.

C. Legal Responsibilities
It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Code.

Contractor shall secure all necessary permits, licenses, and similar requirements 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 Visalia Business Tax Certificate is not required to submit a proposal 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 work. 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 be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, 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 obtain the permit from the City of Visalia Buildings Division.
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