Visalia City Council
220 N. Santa Fe Street
Visalia, CA 93292
Visalia City Council
Visalia City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Liz Wynn,
220 N. Santa Fe3:00 PMMonday, June 24, 2024
SPECIAL MEETING
ROLL CALL
CALL TO ORDER SPECIAL SESSION - 3:00 PM
PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council and items listed on the Closed Session agenda. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
SPECIAL SESSION AND ACTION ITEMS
1. Approve Tentative Agreement - Authorize the City Manager to execute the Memorandum of Understanding by and between the City of Visalia and Visalia Firefighters Association (Bargaining Group G) for the period of July 1, 2024 through June 30, 2027. 24-0256
2. Rescind Authorization - Rescind authorization of the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia and the Tulare County Regional Transit Agency to partner on a three-year micro transit pilot project. 24-0258
ADJOURN TO SPECIAL CLOSED SESSION - 3:15 PM (Or, immediately following Special Session)
1. Conference with Legal Counsel: Pending Litigation Pursuant to subdivision (a) of Govt. Code §54956.9: City of Visalia v. First Pitch Entertainment, LLC, Tulare County Superior Court Case No:
294607.
24-0260
1 Visalia City Council Meeting Agenda - Final June 24, 2024
2. Public Employee Performance Evaluation (§GC 54957) Title: City Manager.
24-0259
UPCOMING CITY COUNCIL MEETINGS
1. Monday, July 15, 2024 at 7:00 p.m. @ 707 W. Acequia
Note: Meeting dates/times are subject to change, check posted agenda for correct details. In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings email: [email protected] or call 713-4512.
Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
24-0261
2 Visalia City Council
Staff Report
Visalia City Council
220 N. Santa Fe Street
Visalia, CA 93292
File #: 24-0256 Agenda Date: 6/24/2024 Agenda #: 1.
Agenda Item Wording:
Approve Tentative Agreement - Authorize the City Manager to execute the Memorandum of Understanding by and between the City of Visalia and Visalia Firefighters Association (Bargaining Group G) for the period of July 1, 2024 through June 30, 2027.
Deadline for Action: 6/24/2024
Submitting Department: Administration
Contact Name and Phone Number: Leslie Caviglia, 713-4317 Department Recommendation:
It is recommended that the City Council approve the tentative agreement with City Bargaining Groups G (Visalia Firefighters Association) and authorize the City Manager to execute the associated Memorandum of Understanding.
Background Discussion:
The current Memorandum of Understanding (MOU) with Bargaining Group G expires June 30, 2024. City negotiating staff has been meeting with Group G representatives and reached Tentative Agreement based on bargaining parameters previously approved by City Council. Group G ratified the Tentative Agreement through a membership vote.
Staff asks City Council to authorize approval of the Group G MOU changes as indicated below:
1. Three year contract term.
2. Salary increases of 6% in 2024, 4% in 2025, and 2% with an additional 2% (4% total) in 2026 if sales tax milestones are met.
3. Longevity pay at 2% of salary at 5, 10, 15, 20 years of service (max of 8%) with credit for prior full-time Firefighter experience.
4. Elimination of 10% maximum annual wage increase
5. Clarification of requirements for Fire Certificate Pay (no change)
6. Addition of one shift of vacation for employees with 15+ years of service
7. Modify Discipline Policy Administrative Hearing Procedure
8. Modify HazMat specialty pay from flat rate to 2% of base wages
9. Specify holiday pay provision (no change to practice - PERS requirement)
10. Agree to discuss implementation of Fire specific health and wellness testing program
11. Specify uniform pay provision (no change to practice - PERS requirement) Fiscal Impact:
The value of the 6% wage increase in year one is approximately $727,716 across all funds. The value of the longevity pay in year one is approximately $275,000 across all funds.
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3 File #: 24-0256 Agenda Date: 6/24/2024 Agenda #: 1.
Prior Council Action: Closed session 3/4/2024, 3/18/2024, 4/01/2024, 4/15/2024, 5/6/2024, and 6/17/2024
Other: n/a
Alternatives: n/a
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to execute the Memorandum of Understanding by and between the City of Visalia and Bargaining Group G for the period of July 1, 2024, through June 30, 2027.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Group G Tentative Agreement
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6 Visalia City Council
Staff Report
Visalia City Council
220 N. Santa Fe Street
Visalia, CA 93292
File #: 24-0258 Agenda Date: 6/24/2024 Agenda #: 2.
Agenda Item Wording:
Rescind Authorization - Rescind authorization of the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia and the Tulare County Regional Transit Agency to partner on a three-year micro transit pilot project.
Deadline for Action: 6/24/2024
Submitting Department: Administration
Contact Name and Phone Number: Angelina DeRossett, Transit Manager, [email protected] <mailto:[email protected]>, (559)713-4591; John Lollis, Assistant City Manager, [email protected], (559)713-4323 Department Recommendation:
Rescind authorization of the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia and the Tulare County Regional Transit Agency to partner on a three-year micro transit pilot project.
Background Discussion:
At its meeting on January 16, 2024, the City Council authorized the City Manager to enter into a five- year Memorandum of Understanding between the City of Visalia and the Tulare County Regional Transit Agency (TCRTA) in partnership on a three-year micro transit pilot project. The pilot project involves the implementation of micro transit service across Tulare County and is an initiative supported by federal funding provided by the Tulare County Association of Governments (TCAG).
Subsequent to the Council’s authorization, it became the determination of City staff that the provision of micro transit services within the city would be best provided by the City’s contracted transit provider and was accordingly incorporated within the recent Request for Proposals for Management, Operations and Maintenance of the Visalia Transit System, to take effect October 1, 2024.
On Wednesday, May 18, 2024, City staff provided written notice to TCRTA staff that the City would be administering its own micro transit system within the city as part of the three-year pilot project funded by TCAG. Although under an existing agreement for fixed-route transit services with the City of Visalia, TCRTA continues to plan to provide micro transit services for the cities of Exeter and Farmersville and unincorporated community of Goshen.
Fiscal Impact:
There is no fiscal impact to the City. The pilot is being supported by federal funding provided by the Tulare County Association of Governments for a region-wide micro transit pilot.
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7 File #: 24-0258 Agenda Date: 6/24/2024 Agenda #: 2.
Prior Council Action: January 16, 2024
Other: N/A
Alternatives: Do not rescind authorization and direct the City Manager to enter into the Memorandum of Understanding with the TCRTA.
Recommended Motion (and Alternative Motions if expected):
I move to rescind the authorization of the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia and the Tulare County Regional Transit Agency to partner on a three-year micro transit pilot project.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: January 16, 2024 agenda staff report and Memorandum of Understanding.
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8 Visalia City Council
707 W. Acequia
Visalia, CA 93292
Visalia City Council
Legislation Details (With Text)
File #: Version: 124-0016
Status:Type: Consent Item Agenda Ready
File created: In control:1/9/2024 Visalia City Council
On agenda: Final action:1/16/2024
Title: Memorandum of Understanding - Authorize the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia and the Tulare County Regional Transit Agency (TCRTA) to partner on a three-year micro transit pilot project.
Sponsors:
Indexes:
Code sections:
Attachments: 1. Draft Memorandum of Understanding
Action ByDate Action ResultVer.
Agenda Item Wording:
Memorandum of Understanding - Authorize the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia and the Tulare County Regional Transit Agency (TCRTA) to partner on a three-year micro transit pilot project.
Deadline for Action: 12/4/2023
Submitting Department: Administration - Transit Division Contact Name and Phone Number:
Angelina DeRossett, Transit Manager,
[email protected], (559) 713-4591
John Lollis, Assistant City Manager, [email protected] <mailto:[email protected]> (559) 713- 4323
Department Recommendation:
Staff recommends that the City Council authorize the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia’s Transit Division and the TCRTA to partner on a three-year micro transit pilot project.
Summary:
City Transit staff brought this project to the City Council at its meeting on April 17, 2023, and Council gave authorization to advance by working through a joint micro transit project and received instruction to bring a cooperative agreement back to Council at a later date. Attached is the draft Memorandum of Understanding for a five-year term that identifies the City of Visalia as a partner with Tulare County Regional Transit Agency (TCRTA) to establish and operate a pilot program that will provide micro transit services.
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File #: 24-0016, Version: 1
Background Discussion:
Transit ridership numbers across the nation have suffered as a result of the pandemic. Like many other agencies, the ridership numbers at Visalia Transit are still hovering around fifty-five percent (55%) of pre-pandemic ridership numbers. Prior to the pandemic, a farebox recovery ratio was the performance metric that measured the efficiency of transit. As an agency, the City was required to recover twenty percent (20%) of the operating costs through fares. While City staff and the Tulare County Association of Governments (TCAG) are working on revamping and revising the current performance metrics, transit is typically funded based on a number of metrics that could and will likely include ridership efficiency.
In October 2022, the City was approached by TCRTA with an opportunity to partner in a Micro Transit option like what has been offered within the City of Porterville. Visalia Transit has been working with the TCRTA to obtain specifics on operations, software use, as well as assets and logistics. What has developed is potentially a three-year pilot in partnership with the TCRTA for most of urbanized areas of Tulare County and the rural areas between. The need for a five-year agreement is to allow both TCRTA and the City to prepare for the pilot and then at the end have time to evaluate if necessary.
Request for Proposals:
Over the last three months, Visalia Transit and TCRTA staff have vetted micro transit vendors through a formal Request for Proposals (RFP) process, and based on the system capabilities, experience and proven track record, staff will partner with Via Transportation to provide service during the course of this pilot. Operations of this pilot will be handled by the TCRTA operations contract, while the software and support is provided by Via. In the event that there is a driver shortage or service disruption, Via is equipped to quickly take over operations of this pilot project for the region.
Micro transit systems are emerging throughout the nation in an effort to create more efficiencies and direct connections within existing transit systems. Micro transit is a system comprised of smaller passenger vehicles, rather than large buses, that passengers can access by utilizing an application on their phone or accessible web portal, and booking trips that will get them from point A to point B within a specified region. Passengers will also be offered intermodal trips for itineraries that can take advantage of the existing fixed route service and connect to neighboring communities. For this particular project, the TCRTA is procuring minivans through an attachment option on the CalAct contract. These vehicles have a five passenger per vehicle capacity. These rides are still meant to be shared with other passengers, so trips are planned in an automated software system in a more efficient way and the smaller vehicles require a lot less time, money and resources to maintain.
Furthermore, this micro transit system becomes an ’OnDemand’service where the users experience a similar service that is provided by a shared Uber or Lyft.
During this pilot, Visalia Transit and the TCRTA will work together to analyze the data that the system collects in order to establish performance metrics that can assist in creating a more efficient system.
The system is flexible and customizable and is designed with the ability to make real time adjustments. This will help the City to understand the successes and failures of the pilot and assist with potential plans to recreate the City’ssystem in a more efficient way. Data from the pilot will also be used starting in year two of the program to assist with a Reimagining study performed by a consultant. TCAG has already set aside money in the budget to pay for Visalia Transit to pay for this study.
Data that will be collected:
The data will be monitored to determine the popularity and utilization of the service. Transit Staff will Visalia City Council Printed on 6/21/2024Page 2 of 3
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File #: 24-0016, Version: 1
The data will be monitored to determine the popularity and utilization of the service. Transit Staff will review total miles traveled, the most popular days, times and destinations that the service is used, and any other metrics collected from the Via software. With the collected data, staff will be able to determine if the popularity of the service is from new riders or previous fixed route riders. It is anticipated that there will be some cannibalization of the current fixed route system. This pilot will be placed as a supplement to the existing fixed route system for comparison purposes. The system will be fine-tuned and adjustments made to the pilot program as it progresses.
Fiscal Impact:
There is no fiscal impact to the City. The pilot is being supported by funding provided by the TCRTA and TCAG to cover the costs of a region-wide micro transit pilot.
Prior Council Action:
At its meeting on April 17, 2023, the Council authorized staff to work on micro transit project with the TCRTA and bring an agreement for approval.
Alternatives:
Do not operate a pilot project with TCRTA and secure a consultant to help establish a program that can be implemented and paid for solely by the City.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to enter into a five-year Memorandum of Understanding between the City of Visalia and the Tulare County Regional Transit Agency (TCRTA) to partner on a three-year micro transit pilot.
Environmental Assessment Status:
N/A
CEQA Review:
N/A
Attachments:
1. Draft Memorandum of Understanding
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1 MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF VISALIA
AND
TULARE COUNTY REGIONAL TRANSIT AGENCY
THIS MEMORANDUJM OF UNDERSTANDING (hereinafter “MOU”) by and between the City of Visalia (hereinafter referred to as “Visalia”) and Tulare County Regional Transit Agency (hereinafter referred to as “TCRTA”), each of which is a “Party” and both of which may be collectively referred to herein as the “Parties,” Is entered into for the purpose of memorializing the understanding of the Parties regarding their respective roles in a Micro Transit Pilot Program for the Tulare County Region.
RECITALS
WHEREAS, Visalia is a municipal corporation which provides transit service within and around the City of Visalia; and
WHEREAS, TCRTA is a public entity created by a Joint Powers Agreement executed by the Cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Woodlake, and the County of Tulare as of the 11th day of August, 2020, and provides transit service for its members; and
WHEREAS, Visalia and TCRTA desire to collaborate on the implementation of a Micro Transit Pilot Program which each will operate independently within their respective service areas.
NOW, THEREFORE, in consideration of the mutual understanding of the Parties herein contained, the Parties hereby mutually agree as follows:
I. SCOPE OF WORK
The Parties agree to collaborate on a 3-year Micro Transit Pilot Program (hereinafter referred to as “Program”), which is more particularly described in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference.
II. TERM
The term of this MOU shall commence upon execution, and shall continue until the completion of the three year pilot Program, unless mutually extended by the Parties, or terminated by either Party according to the termination provisions contained herein.
III. TRANSPORTATION SERVICES FOR EACH AGENCY
It is intended and understood the TCRTA shall be solely responsible for procuring the micro transit software program from Via Corp, and providing same to Visalia, so that the Parties 12 2
can collect, have equal access and share data for the Program. The TCRTA contract with Via Corp shall provide micro transit software programming that will allow for the Parties to operate an overlapping, complementary service using a single rider-facing application (unless otherwise mutually agreed) on behalf of both Visalia and the TCRTA. To such end, the Parties agree to communicate and collaborate, including responding to requests for joint feedback from Via Corp.
If Visalia or the TCRTA decide to change one or more of the following aspects of their respective services listed below, both Parties agree in good faith to collaborate with Via Corp towards a mutually beneficial solution that includes the proposed change, the timing of the proposed change and any fees or adjustment to per-vehicle-hour rates that arise as a result of the proposed change:
a. Changes in the area (sq mi) of service zones, including additional zones; b. Changes in the days or hours of service;
c. Changes in the type of vehicles used;
d. Changes in the driver requirements;
e. Changes in the rider fare charged;
f. Changes in advertising, marketing, or branding, including the white labeled rider application used for booking rides;
g. Suspensions or terminations of service; or
h. Any change not aforementioned that substantially affects per-vehicle-hour pricing or operational parameters of service provision.
IV. FEDERAL FUNDING COMPLIANCE
TCRTA will be responsible for complying with all Federal requirements independently, except as provided herein. These requirements will include but are not limited to:
1. Federal Transit Administration (FTA) grants management including contract compliance, quarterly reporting, and Electronic Clearing House Operation (ECHO) draws.
2. Annual certifications submitted to FTA that detail the federal requirements with which it must comply to be eligible to receive federal transit assistance. The annual submission of these Certification and Assurance is required by Federal law prior to the submission of any grant application.
3. National Transit Data Base (NTD) annual report. If each Party desires to receive FTA funding based on services provided, or any factors other than population each Party, must submit NTD information to the FTA. This would require each Party to provide adequate and properly trained staff resources to regularly attend 13 3
FTA training on NTD reporting. Neither Party shall receive any portion of the FTA Section 5307 apportionment that is determined, in whole or in part, on the basis of bus revenue miles or other data obtained through the National Transit Database process, unless that Party submits NTD reporting data by the required deadlines or cures any noncompliance as allowed by federal regulations.
4. Comply with all applicable Subrecipient Federal Clauses, including, but not limited to, the following: nondiscrimination in Federal Public Transportation Programs; nondiscrimination following the requirements of Title VI of the Civil Rights Act of 1964; Equal Employment Opportunity; nondiscrimination on the basis of sex; nondiscrimination on the basis of age; nondiscrimination on the basis of disability; and, Disadvantaged Business Enterprise.
5. Visalia will collaborate as necessary with TCRTA to provide any and all data or information it has collected pursuant to the Program so that TCRTA may comply with all reporting requirements associated with the funding for the Program.
V. REVISIONS, ADDENDUM
Revisions to the basic framework of this Agreement shall be by the mutual written agreement of the Parties. Supplements to this Agreement may be by numeric addendums executed by each Party and attached to the original of this Agreement.
VI. TERMINATION
Either Party may terminate this Agreement at the end of any federal fiscal year. In the event of termination, the Parties shall consult prior to the date of termination to ensure termination occurs on the most equitable terms; however, such consultation shall not prohibit or restrict either Party from exercising its right to terminate.
VII. SETTLEMENT OF DISPUTES
The Parties have worked cooperatively to prepare their framework for this MOU, and the language herein should not be construed against any of the Parties. Disagreement between the Parties arising under or relating to this MOU, as amended and supplemented, shall be resolved only by consultation between the Parties and not referred to any other person or entity for settlement unless mutually agreed in writing.
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Tulare County
Regional Transit Agency
____________________________ Date ______________________ Executive Director
Approved as to form:
County Counsel
___________________________ Date: ____________________
City of Visalia
____________________________ Date ______________________ City of Visalia City Manager
____________________________ Date: ____________________ City Attorney
(PELTZER & RICHARDSON, LLP)
____________________________ Date: ____________________ City of Visalia Risk Manager
____________________________ Date: ____________________ City of Visalia Project Manager
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Exhibit “A”
Scope of Work
The Tulare County Regional Transit Agency (TCRTA) and the City of Visalia (Visalia) transit will partner on a Tulare County region wide Micro Transit Pilot Program (Program) for three years.
The TCRTA will operate the program with TCRTA vehicles and drivers through the existing Operations and Maintenance contract for the TCRTA. Visalia will allow the TCRTA to temporarily operate within the Visalia service area for the purposes of this pilot for the duration of the pilot program. The TCRTA will cover the cost of the Program for the duration of the 3 years. At the end of the 3-year Program, the TCRTA and Visalia Transit may again, upon mutual agreement, partner together on a competitive RFB procurement to extend micro transit services.
The data collected by both agencies during the 3-year Program will assist the agencies in writing the RFB to obtain a long-term micro transit software. Via Corp will be the micro transit software vendor for the duration of the 3-year pilot program. Visalia Transit and TCRTA will work together with the micro transit software vendor Via Corp to collect data via system reports within the micro transit software.
Visalia Transit will have full and equal access to the Via software and data that is collected throughout the duration of the pilot program.
The purpose of the Program is to collect data over the course of three years to determine the popularity of the micro transit services.
Passenger demographic data will be collected, and the popularity of the Program will be gauged. The purpose of the data is to use the information that’s collected to create a more efficient system in the future where pieces of the Fixed Route system that exist today will be replaced with a more cost-effective micro transit route(s). Visalia will have full and equal access to Visalia ridership data in order to complete all reporting requirements. The Visalia zone is clearly defined, and remains the same as the existing Visalia fixed route system. Visalia Transit and the TCRTA will work together with Via Corp to determine the parameters of the program and the type of data that the software will collect.
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17 Visalia City Council
Staff Report
Visalia City Council
220 N. Santa Fe Street
Visalia, CA 93292
File #: 24-0260 Agenda Date: 6/24/2024 Agenda #: 1.
Agenda Item Wording:
Conference with Legal Counsel: Pending Litigation Pursuant to subdivision (a) of Govt. Code §54956.9: City of Visalia v. First Pitch Entertainment, LLC, Tulare County Superior Court Case No:
294607.
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18 Visalia City Council
Staff Report
Visalia City Council
220 N. Santa Fe Street
Visalia, CA 93292
File #: 24-0259 Agenda Date: 6/24/2024 Agenda #: 2.
Agenda Item Wording:
Public Employee Performance Evaluation (§GC 54957) Title: City Manager.
Visalia City Council Printed on 6/21/2024Page 1 of 1
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19 Visalia City Council
Staff Report
Visalia City Council
220 N. Santa Fe Street
Visalia, CA 93292
File #: 24-0261 Agenda Date: 6/24/2024 Agenda #: 1.
Agenda Item Wording:
Monday, July 15, 2024 at 7:00 p.m. @ 707 W. Acequia
Note: Meeting dates/times are subject to change, check posted agenda for correct details. In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings email: [email protected] or call 713-4512.
Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
Visalia City Council Printed on 6/21/2024Page 1 of 1
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