Visalia City Council
707 W. Acequia
Visalia, CA 93291
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
Visalia Council Chambers7:00 PMMonday, July 15, 2024
ROLL CALL
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.
CALL TO ORDER CLOSED SESSION - 5:30 PM
CALL TO ORDER REGULAR SESSION - 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEMS OF INTEREST
SPECIAL PRESENTATION / RECOGNITION
PUBLIC COMMENTS
This is the time for people to comment on matters within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not, other than the Consent Calendar.
People may comment one time during the evening for up to three minutes unless additional time is authorized by the Council. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
1 Visalia City Council Meeting Agenda - Final July 15, 2024
CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made by a City Council Member and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
1. Authorization to read ordinances by title only. 24-0277
2. Annual contract to Golden State Emergency Vehicle Service - Authorize the City Manager to award a sole source contract to Golden State Emergency Vehicle Service for the purpose of providing Pierce fire apparatus parts, service and repairs. The annual contract shall not exceed $175,000 annually..
24-0245
3. Record Final Map for Shepherds Ranch 1 - Request authorization to record the final map for Shepherds Ranch 1 subdivision, located on the west side of Shirk Street south of Pershing Court; and request authorization for the formation of Landscape and Lighting District No. 23-01 and authorize ordering the improvements and levying the annual assessments. Resolution Nos. 2024-36 and 2024-37 required. 24-0246
4. Notice of Completion - Request authorization to file a Notice of Completion for the Riverway Sports Park Jim Byrd Playground Replacement Project, 3611 N Dinuba, Visalia, CA. (Project No. 1010-72000/CP0488-999).
24-0253
5. Tulare County Multi Jurisdiction Local Hazard Mitigation Plan Resolution - Approve a Resolution 2024-33 adopting the Tulare County Multi Jurisdiction Local Hazard Mitigation Plan. 24-0262
6. Appropriation of Prior Grant Award- Appropriate $3,628,371 of Encampment Resolution Funding Program (ERF), Round 2
awarded to the City in September 2023, in the 2023/2024 fiscal year capital budget for the Navigation Center project.
24-0263
7. Award Sports Lighting Contract - Award sports lighting construction contract and authorize City Manager to enter into an agreement with Musco Sports Lighting, as a sole-source provider, in the amount of $819,755.39; and to appropriate $964,000 from the Baseball Fund if and when the situation warrants some or all of the contract moving forward.
24-0265
8. Purchase of Peterbilt 548 Dump Truck and Transfer of Funds - Authorize the City Manager to award a purchase order to E.M.
Tharp of Porterville, CA for the purchase of a Peterbilt 548 Dump Truck through the Sourcewell Cooperative contract in the amount of $234,570.
24-0269
2 Visalia City Council Meeting Agenda - Final July 15, 2024
9. Salary Schedule - Adopt the revised salary schedule for full-time employees, City Manager, and City Council members of the City of Visalia.
24-0270
10. Notice of Completion for the Goshen Basin Project - Authorize the City Manager to file a Notice of Completion for the Goshen Basin Project.
24-0272
11. Record Parcel Map - Request authorization to record the final parcel map for Tentative Parcel Map No. 2023-07, located at the Southwest corner of McAuliff Street and East Cherry Avenue. APN: 127-030-038 24-0273
12. Authorization to Accept the CHP Cannabis Tax Fund Grant - Authorize the Visalia Police Department to accept the California Highway Patrol Cannabis Tax Fund Grant Program, appropriate $195,000 and approve Resolution 2024-38.
24-0274
13. Committee Appointment - Appoint Kim Lusk to a partial first term, appoint Michael Tomola to a first two-year term, and reappoint Jerome Melgar to a second two-year term and Tyler Davis to a third two-year term, on the Historic Preservation Advisory Committee. 24-0275
14. Amended Resolution - Adopt amended Resolution 2024-24 to place a cannabis tax measure on the November 2024 general election ballot.
24-0271
REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.
1. Military Equipment - Review Ordinance No. 2022-09, which adopted the Visalia Police Department Military Equipment Use Policy, the 2024 Visalia Police Department AB 481 Annual Report, and adopt Resolution No. 2024-23, a resolution renewing the Visalia Police Department Military Equipment Use Policy and approving the continued use of the equipment described in the AB 481 Annual Report pursuant to Government Code Section 7070 et seq. and determine that approval of Resolution No. 2024-23 is not a project under CEQA.
24-0092
3 Visalia City Council Meeting Agenda - Final July 15, 2024
2. Ordinance Adoption - First reading and public hearing for Ordinance No. 2024-07 for Zoning Text Amendment No. 2024-01, a request by the City of Visalia to amend Visalia Municipal Code Titles 17 (Zoning), 5 (Business Regulations), 8 (Health and Safety), 12 (Streets, Sidewalks and Public Spaces), 16 (Subdivisions), and 18 (Agricultural Land Preservation) based on multiple factors including, but not limited to: changes in state law, errors in existing zoning text, changes in other sections of the Visalia Municipal Code or changes in city procedures, changes in business and/or development trends and activity, citywide.
24-0217
3. Update on logo redesign - Receive update on City logo redesign process and determine how the Council would like to proceed with the logo selection.
24-0289
CLOSED SESSION REPORT
1. For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:
Buyer: City of Visalia
Seller: Rick G. January and Patricia A. January, husband and wife, as community property with right of survivorship
APN: 124-010-003
Purpose: Caldwell Widening Project - Santa Fe to Lovers Lane Brief Description: Right of Way
Price: $100,000.00
Closing Date: 6/28/2024
Closed Session Council Date: 6/5/2023
Project Manager: Eric Bons
24-0287
ADJOURNMENT
UPCOMING CITY COUNCIL MEETINGS
1. Upcoming City Council Meeting Dates:
Monday, August 05, 2024 at 707 W. Acequia @ 7:00 p.m.
Monday, August 19, 2024 at 707 W. Acequia @ 7:00 p.m.
Note: Meeting dates/times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings email: [email protected]
<mailto:[email protected]> or call 713-4512.
Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
24-0278
4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0277 Agenda Date: 7/15/2024 Agenda #: 1.
Agenda Item Wording:
Authorization to read ordinances by title only.
Visalia City Council Printed on 7/12/2024Page 1 of 1
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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0245 Agenda Date: 7/15/2024 Agenda #: 2.
Agenda Item Wording:
Annual contract to Golden State Emergency Vehicle Service - Authorize the City Manager to award a sole source contract to Golden State Emergency Vehicle Service for the purpose of providing Pierce fire apparatus parts, service and repairs. The annual contract shall not exceed $175,000 annually..
Deadline for Action: 7/15/2024
Submitting Department: Public Works
Contact Name and Phone Number: Danny Galindo, Public Works Manager, 713-4186, [email protected]; Nick Bartsch, Public Works Director, 713-4052, [email protected] Department Recommendation:
Staff recommends that the Council authorize the City Manager to award a sole source contract to Golden State Emergency Vehicle Service for the purpose of providing Pierce fire apparatus parts, service and repairs, as needed. The annual contract shall not exceed $175,000 annually, or $875,000 over the life of the contract. Staff is recommending the initial contract be for one year, with an option to renew annually for up to an additional four years.
Background Discussion:
Golden State Emergency Vehicle Service is the authorized repair and parts supplier for Pierce Manufacturing Inc. for this region. Staff is currently operating on a temporary month-to-month contract extension, given the past contract (C19048) expired on 4/09/2024. If Golden State cannot respond, they send a repair unit out of the Pierce's franchise in San Luis Obispo, CA. This contract will be used by the City of Visalia Fleet Maintenance division. The City of Visalia fire department currently has twelve (12) Pierce fire apparatus units, and each require specific services and repairs to the apparatus that Fleet does not perform in-house due to time constraints and dealer-only certifications. Those items are as follows:
· Transfer case rebuilding.
· Pump rebuilding.
· Transmission rebuilding.
· SRS system (seatbelts and air bags - must be certified to repair). · Water tank repairs.
· Command zone programming.
· Annual ladder testing and certification.
· Alignments.
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6 File #: 24-0245 Agenda Date: 7/15/2024 Agenda #: 2.
Fiscal Impact:
Parts, Repair & Service of Pierce Fire Apparatus are budgeted in Fleet Operations Division 5012.
The total amount expended in the last 3 years is shown in the figure below:
Fiscal Year Annual Cost
2021-22 $214,503
2022-23 $115,594
2023-24 $101,969
Totals $432,066
Prior Council Action: Council approved a one-year contract with four one-year extensions to Golden State Emergency Vehicle Service of Sacramento on April 1, 2019.
Other: N/A
Alternatives: None recommended.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to award a sole source contract with Golden State Emergency Vehicle Service for the purpose of providing Pierce fire apparatus parts, service and repairs for an amount not to exceed $175,000 annually.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: GSEVS - 2024 Rates Levine Act Statement
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9 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0246 Agenda Date: 7/15/2024 Agenda #: 3.
Agenda Item Wording:
Record Final Map for Shepherds Ranch 1 - Request authorization to record the final map for Shepherds Ranch 1 subdivision, located on the west side of Shirk Street south of Pershing Court; and request authorization for the formation of Landscape and Lighting District No. 23-01 and authorize ordering the improvements and levying the annual assessments. Resolution Nos. 2024-36 and 2024-37 required.
Deadline for Action: None
Submitting Department: Community Development
Contact Name and Phone Number: Luqman Ragabi, Assistant Engineer, [email protected] <mailto:[email protected]>, (599) 713-4362 Jason Huckleberry, Engineering and Building Director, [email protected] <mailto:[email protected]>, (559) 713-4495 Department Recommendation:
Staff recommends that City Council authorize the recordation of the final map for Shepherds Ranch 1 located on the west side of Shirk Street between Pershing Court and West Hurley Avenue. Staff also recommends the adoption of Resolution No. 2024-36 initiating proceedings for the formation of Assessment District No. 23-01 "Shepherds Ranch" and adopt Resolution No. 2024-37 ordering the improvements and levying the annual assessments for Assessment District No. 23-01 "Shepherds Ranch." Background Discussion:
Shepherds Ranch 1 subdivision will subdivide 10-acres into a 41-lot single family residential subdivision and two out lots for Landscaping and Lighting District purposes. The proposed subdivision will provide internal, 60- foot-wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks and streetlights) and underground infrastructure (sewer lines, storm drainage, gas electricity and water). Primary access to the subdivision will be from North Shirk Street, which is identified as an arterial roadway. The project includes two temporary building restrictions on various lots to provide for a temporary storm drain basin and temporary fire access road. The Declarations of Temporary Building Restrictions have been attached to this report.
The final map is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, DR Horton, and are in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $2,216,554.20 and Labor and Materials Bond in the amount of $1,108,277.10; 3) cash payment of $221,655.42 distributed to various accounts to cover City fees; and 4) final map
The Landscape and Lighting Assessment District No. 23-01 has also been reviewed and approved as to form by the Landscape and Lighting District Committee. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e., a Landscape Architect) as meeting the State and City’swater conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree Visalia City Council Printed on 7/12/2024Page 1 of 3
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10 File #: 24-0246 Agenda Date: 7/15/2024 Agenda #: 3.
for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree species, and by limiting the portion of landscape that can be covered in turf.
The Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Material Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Material Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of the public improvements will be required prior to recording the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.
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 homeowner associations for the maintenance of common features such as landscaping, irrigation systems, street lights, street trees, and 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.
The Landscape and Lighting Act allows for the use of summary proceedings when all the affected property owners have given their written consent to waive the requirement for a public hearing. The notice period is also waived. The owner of this development has given their written consent to waive the public hearing and form this district. The use of summary proceedings allows for the initiation of proceedings and the final annexation action of the assessment district to be acted upon together as separate resolutions.
Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’sauthorization to record the final map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map (emphasis added).” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final map pursuant to Section 16.24.080 and require that the City Engineer so indicate on the map, however staff’srecommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.
Fiscal Impact:
41 lots will start contributing to the landscape and lighting assessment district (L&LD 23-01) created for maintenance of common features related to this subdivision. The annual lot assessment will be $1,957.65 per lot.
Prior Council Action: On June 10, 1987 Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.
Other: On August 8, 2022 The tentative subdivision map for Shepherds Ranch 1 (Tentative Subdivision Map Visalia City Council Printed on 7/12/2024Page 2 of 3
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11 File #: 24-0246 Agenda Date: 7/15/2024 Agenda #: 3.
No. 5581) was approved by the Planning Commission.
On April 16, 2024, L&LD 23-01 was reviewed and approved as to form by the Landscape and Lighting District Committee.
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
I move to authorize the recordation of the final map for Shepherds Ranch 1; the adoption of Resolution No. 2024-36 initiating proceedings for the formation of Assessment District No. 23-01 “ShepherdsRanch”;and the adoption of Resolution No. 2024-36 ordering the improvements and levying the annual assessments for Assessment District No. 23-01 “Shepherds Ranch.”
Environmental Assessment Status: Complete
CEQA Review: Negative Declaration No. 2021-41, adopted December 13, 2021.
Attachments: Click or tap here to enter text.
1. Final Map
2. Aerial Map
3. Location Map
4. Development Disclosure
5. Temporary Building Restrictions - Basin
6. Temporary Building Restrictions - Fire Access Road
7. Resolution Documents including:
Resolution Initiating Proceedings for Formation, 2024-36 Clerk’s Certification
Resolution Ordering the Improvements, 2024-37
Exhibit A - Assessment Diagram
Exhibit B - Landscape Location Diagram
Exhibit C - Tax roll Assessment
Exhibit D - Engineer’s Report
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RESOLUTION NO. 2024-___
RESOLUTION INITIATING PROCEEDINGS
FOR ASSESSMENT DISTRICT NO. 23-01
Shepherds Ranch 1
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The City Council proposes to form an assessment district pursuant to the Landscaping & Lighting act of 1972 (section 22500 and following, Streets & Highways Code) for the purpose of the following improvements:
Maintenance of landscaping, street trees, landscape trees, local streets, street lights, block walls and any other applicable equipment or improvements.
2. The proposed district shall be designated “Assessment District No. 23-01, City of Visalia, Tulare County, California”, and shall include the land shown on the map designated “Assessment Diagram, Assessment District No. 23-01, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “ Shepherds Ranch 1.”
3. The City Engineer of the City of Visalia is hereby designated Engineer for the purpose of these formation proceedings. The City Council hereby directs the Engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972.
PASSED AND ADOPTED: _____________ ____, 2024 LESLIE B. CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2024-____ passed and adopted by the Council of the City of Visalia at a regular meeting held on July 15th 2024.
Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
26 CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 23-01
Shepherds Ranch 1
(Pursuant to Landscaping & Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:
I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 23-01, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on July 15th 2024, by its Resolution No. 2024-___.
This document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code.
Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
27 RESOLUTION NO. 2024-___
RESOLUTION ORDERING THE IMPROVEMENTS
FOR ASSESSMENT DISTRICT NO. 23-01
Shepherds Ranch 1
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 23-01, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed formation.
2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.
3. The owner of all land within the boundaries of the proposed landscape and lighting district have filed their consent to the formation of the proposed district, and to the adoption of the Engineer’s Report and the levy of the assessments stated therein.
4. The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and the Engineer’s Report.
5. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2024-2025.
6. The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:
a. Clerk’s Certification to the County Auditor
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d. Engineer’s Report:
Exhibit A - Assessment Diagram showing all parcels of real property within the Assessment District
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
28 PASSED AND ADOPTED: _____________ ____, 2024 LESLIE B. CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2024-___ passed and adopted by the Council of the City of Visalia at a regular meeting held on July 15th, 2024.
Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
29 Exhibit “A”
Assessment Diagram
Assessment District No. 23-01, City of Visalia, Tulare County, California Shepherds Ranch 1
30 Exhibit “B”
Landscape Location Diagram
Assessment District No. 23-01; City of Visalia, Tulare County, California Shepherds Ranch 1
31 Exhibit “C”
Tax Roll Assessment
Assessment District No. 23-01; City of Visalia, Tulare County, California Shepherds Ranch 1
Fiscal Year 2023-2024
APN # Assessment Owner Lot# District
TBD $1,957.65 D.R. HORTON CA3 INC. 23-01001 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01002 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01003 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01004 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01005 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01006 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01007 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01008 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01009 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01010 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01011 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01012 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01013 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01014 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01015 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01016 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01017 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01018 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01019 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01020 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01021 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01022 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01023 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01024 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01025 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01026 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01027 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01028 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01029 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01030 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01031 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01032 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01033 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01034 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01035 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01036 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01037 23-01 SHEPHERDS RANCH 1 32 Exhibit “C”
Tax Roll Assessment
Assessment District No. 23-01; City of Visalia, Tulare County, California Shepherds Ranch 1
Fiscal Year 2023-2024
TBD $1,957.65 D.R. HORTON CA3 INC. 23-01038 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01039 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01040 23-01 SHEPHERDS RANCH 1 TBD $1,957.65 D.R. HORTON CA3 INC. 23-01041 23-01 SHEPHERDS RANCH 1
33 Exhibit “D”
Engineer’s Report
Assessment District No. 23-01; City of Visalia, Tulare County, California Shepherds Ranch 1
General Description
This Assessment District ( 23-01, Shepherds Ranch 1 ) is located west of North Shirk Street between Pershing Court and West Hurley Avenue . Exhibit “A” is a map of Assessment District 23-01. This district includes the maintenance of shrub areas, irrigation systems, street trees, landscape trees, block walls, street lights, pavement on local streets, and any other applicable equipment or improvements: see Exhibit “B”. The maintenance of irrigation systems and block wall includes, but is not limited to, maintaining the structural and operational integrity of these features and repairing any acts of vandalism (graffiti, theft or damage) that may occur. This District also includes the preventive maintenance of all internal local streets by means including, but not limited to overlays, cape seals, crack seals, and reclamite (oiling). The total number of lots within the district is 41, which will be assessed for Fiscal Year 2024-2025.
Determination of Benefit
The purpose of landscaping is to provide an aesthetic impression for the area. The lighting is to provide safety and visual impressions for the area. The block wall provides security, aesthetics, and sound suppression. The maintenance of the landscape areas, street lights, streets, and block walls is vital for the protection of both economic and humanistic values of the development. In order to preserve the values incorporat ed within developments and to concurrently have an adequate funding source for the maintenance of all internal local streets within the subdivision, the City Council has determined that landscape areas, street lights, block walls, street trees, landscape t rees, and all internal local streets should be included in a maintenance district to ensure satisfactory levels of maintenance.
Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally, including lots not adjacent to landscape areas, block walls, and street lights. The lots not adjacent to landscape areas, block walls, and street lights benefit by the uniform maintenance and overall appearance of the District.
All lots in the District have frontage on an internal local street and therefore derive a direct benefit from the maintenance of the local streets.
Estimated Costs
The estimated costs to maintain the District includes the costs to maintain any landscaping, street trees, landscape trees, street lights, block walls, and pavement on local streets. The regular preventive maintenance of pavement on local streets is based on the following schedule: Reclamite on a 5 year cycle, Crack Seal on a 7 year cycle; Cape Seal on a 15 year cycle and Overlays on a 20 year cycle
34 Exhibit “D”
Engineer’s Report
Assessment District No. 23-01; City of Visalia, Tulare County, California Shepherds Ranch 1
The quantities and estimated costs are as follows:
Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($80,263.85) (1.05)
(n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed;
35 Exhibit “D”
Engineer’s Report
Assessment District No. 23-01; City of Visalia, Tulare County, California Shepherds Ranch 1
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.
The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.
Example 1) The year four estimated costs are $87,487.60 [a 9% increase over the base year assessment of $80,263.85]. The ceiling on the assessment i ncrease for year four would be $92,915.44 [ceiling = ($80,263.85) (1.05)
(4-1)
]. The assessment would be
set at $87,487.60 or the actual cost of providing the maintenance effort.
Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $90,698.15 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $92,915.44 [ceiling = ($80,263.85) (1.05)
(4-1)
]. The assessment would be set at $90,698.15 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year-to-year increase is less than the 10% cap on increases in any given year.
Example 3) The year four assessment is $87,487.60 [a 9% increase over the base year assessment of $80,263.85] and damage occurred to the masonry wall raising the year five assessment to $106,734.87 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $96,236.36, a 10% increase over the previous year and under the ceiling of $97,561.22 [ceiling = ($80,263.85) (1.05)
(5-1)
]. The difference of $10,498.51 will be recognized as a deficit and carried over into future years’ assessment.
City Engineer Certification
I hereby certify that this report was prepared under my supervision and this report is based on information obtained from the improvement plans of the subject development.
Jason Huckleberry Date
For City Engineer
36 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0253 Agenda Date: 7/15/2024 Agenda #: 4.
Agenda Item Wording:
Notice of Completion - Request authorization to file a Notice of Completion for the Riverway Sports Park Jim Byrd Playground Replacement Project, 3611 N Dinuba, Visalia, CA. (Project No. 1010-72000/CP0488-999).
Deadline for Action: 7/15/2024
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713- 4564; [email protected] <mailto:[email protected]> John Lollis, Assistant City Manager [email protected] <mailto:[email protected]> Department Recommendation:
Staff recommends that the City Council authorize the filing of a Notice of Completion for the Riverway Sports Park Jim Byrd Playground Replacement Project.
Background Discussion:
Summary:
The scope of work included the installation of two new playground structures, integrated shade canopies, new fall surfacing, and a certified playground safety inspection. The contract was awarded to Anchor-41 Construction, LLC at the November 20, 2023, City Council Meeting in the amount of $317,600.00.
Background:
CP0488 Riverway Sports Park (Jim Byrd) Playground Replacement Project was approved by Council on 03/15/2021, during the Mid-Year budget review. Staff requested the replacement of the existing playground structure due to damage to many of the platforms and support poles. The playground was constructed from composite wood material and had become unsafe for use and temporary fencing was installed to close the playground off from public use.
RFP #21-22-09 was advertised on 12/15/2021, for the design, demo, and construction of a new play structure within the dimensions of the existing playground fall surfacing area. Two proposer conferences were conducted on January 5, 2022, and January 7, 2022, where staff answered questioned and toured the playground area with several contractors. Proposals for the RFP were due on February 1, 2022. The City received a total of three design submissions from two proposers. A selection committee was formed and met on February 15, 2022, to review the design proposals and select the design they felt met the requirements of the RFP and gave the most playability to the community. The selection committee was comprised of two Parks and Recreation Commissioners, Veronica Barajas, and Edgardo Monroy, two Parks Division staff members, Scott Pyle, and Daryl Tillman, and Recreation Manager, Laurissa Roggenkamp.
The selection committee reviewed all the designs that were submitted using the criteria that was established in RFP #21-22-09. During their review, the committee felt that the designs received were inadequate and would Visalia City Council Printed on 7/12/2024Page 1 of 3
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not meet the needs of the community. The committee also felt that the proposed design was unimaginative and would result in backlash from park users. The original playground was so large, the new equipment would look sparse in the play area footprint. Staff had budgeted $150,000.00, in CIP CP0488, for the project and felt this would be sufficient to complete the playground replacement.
Staff originally thought the demolition cost was the cause for such a small play structure and reached out to the submitted proposers, as well as the proposers that attended the proposer conference to find the reason why the designs fell short of expectations. The proposers all stated that due to the cost of play equipment they could not offer a more robust design with the budgeted amount, and that the demo was a small portion of the project cost. Staff began researching ways to increase the project budget through cost savings in other General Fund CIP projects and found a $66,117.20, cost savings in two awarded CIP projects, CP0467, Blain Park Arbors, and CP0493, Perry Family Park playground resurfacing. These projects were not completed and contingency funds were kept for each project if a change order was needed.
On May 20, 2022, a meeting with the Finance and Technology Services Director was held to discuss the transfer requests. During this meeting an additional $100,000 from the Parks Maintenance operations budget, water line 1622-56120, was approved to be included in the transfer request for the Jim Byrd Playground replacement project by the Finance and Technology Services Director. The total transfer request for the project was $166,117.20 and would give the Riverway Sports Park Jim Byrd Playground Replacement Project a budget total of $316,117.20. Staff felt confident the increased budget would produce a new playground for Riverway Sports Park that would meet the expectations and needs of the park.
A second Request for Proposals, RFP #22-23-33 was advertised on 6/1/2023 and 6/6/2023, for the design, and construction of a new play structures within the dimensions of the existing playground fall surfacing area.
Two mandatory proposer conferences were conducted on June 14, 2023, and June 15, 2023, where staff answered questions. Proposals for the RFP were due on June 30, 2023. The City received a total of five design submissions from four proposers. A selection committee was formed and met on September 26, 2023, to review the design proposals and select the design they felt met the requirements of the RFP and gave the most playability to the community. The selection committee was comprised of one Parks and Recreation Commissioners, Samantha Wagner, one Parks Division staff member, Daryl Tillman, and Recreation Manager, Laurissa Roggenkamp.
The selection committee reviewed all the designs that were submitted using the criteria that were established in RFP #22-23-33. During their review the committee felt that the proposal submitted by Anchor 41 Construction, of Hanford, CA was the overall unanimous winner and best met the requirements of RFP #22-23 -33 and the needs of the community. After staff received the original cost proposal Anchor 41 Construction received notice from the equipment supplier that there was a cost increase for both equipment and shipping.
Anchor 41 Construction has kept all their construction costs the same, but the increase in pricing for the playground equipment and shipping costs have resulted in the project to be $2,409.44 over budget.
Staff then requested a $2,500 transfer from CP0545 (Community Christmas Tree) to cover the overage of the project. CP0545 was completed and there were sufficient funds to cover the project after the transfer of funds.
The playground replacement at Riverway Sports Park has been a long process, with several funding increases, two requests for proposals, and is now finally completed.
Fiscal Impact:
The total construction cost of $317,600.00 is funded by the General Fund 001 (Project No. 1010- 72000/CP0488-999). The initial estimate for the playground project was $316,117.20. The project was completed over budget by $1,482.80 for reasons explained in the Background Discussion section. However, there are sufficient funds in the Community Services Fund 001 project budgets to cover the overage in project Visalia City Council Printed on 7/12/2024Page 2 of 3
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38 File #: 24-0253 Agenda Date: 7/15/2024 Agenda #: 4.
expenditures.
Plaza Park Arbor Replacement Project CIP 1010-72000/CP0488-999 Fund 001 - General Fund $318,617.07
Actual Construction Costs
Anchor - 41 $317,600.00
Legal Advertisement $ 957.11
Total Project Costs $318,557.11
Prior Council Action: November 20, 2023 - Council authorized the City Manager to award and enter into a contract with Anchor-41 for the design and installation of new playground equipment at Riverway Sports Park.
Other: None
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
Move to Authorize the filing of a Notice of Completion for the Riverway Sports Park Jim Byrd Playground Replacement Project.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Inspection Card, Draft Notice of Completion, Site Pictures Visalia City Council Printed on 7/12/2024Page 3 of 3
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39 40
41 Recording requested by and
Please mail instrument to:
City of Visalia
315 E. Acequia Ave.
Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:
RIVERWAY SPORTS PARK PLAYGROUNDREPLACEMENT PROJECT RFP 22-23-33 under the contract agreement entered into with Anchor-41 Construction LLC. dated ____________, as a whole was completed on ____________ and the City of Visalia hereby accepts said work.
____________, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia.
__________________________________
Date
CITY OF VISALIA
BY __________________________________________
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of _________________, 20_______, by ______________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
___________________________________
Date
__________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 42 43
44 45
46 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0262 Agenda Date: 7/15/2024 Agenda #: 5.
Agenda Item Wording:
Tulare County Multi Jurisdiction Local Hazard Mitigation Plan Resolution - Approve a Resolution 2024-33 adopting the Tulare County Multi Jurisdiction Local Hazard Mitigation Plan.
Deadline for Action: 7/15/2024
Submitting Department: Fire Department
Contact Name and Phone Number: Tom Van Grouw (4265) [email protected], Dan Griswold (4220) [email protected]
Department Recommendation:
It is recommended that the City Council approval of the Resolution to adopt the Tulare County Multi Jurisdiction Local Hazard Mitigation Plan as requested by Federal Emergency Management Agency (FEMA) for non-mandatory compliance with Assembly Bill (AB) 2140.
Background Discussion:
The Tulare County Multi Jurisdiction Local Hazard Mitigation Plan is referenced in the City of Visalia General plan and identifies potential threats and related mitigation plans for identified threats.
Flooding, drought, extreme heat and dam inundation and their related impact on pumps, lift stations, bridges and other infrastructures are a few examples of the threats identified in the plan. The full plan is included as an attachment with this staff report.
Through the Disaster Mitigation Act of 2000, this plan is a required condition for future funding for mitigation projects under FEMA pre- and post- disaster mitigation grant programs. The City’s adoption of the resolution demonstrates the jurisdiction’s commitment to fulfilling mitigation goals and objectives as outlined in this plan.
Several City of Visalia Departments including, Fire, Public Works, Engineering and Community Development collaborated multiple times over the last several months to review and update the Visalia portion (Annex G) of the Tulare County Multi-Jurisdictional Local Hazard Mitigation Plan. The plan was submitted to, and approved by, the California Office of Emergency Services (OES) and the FEMA. FEMA now requests the City Council Resolution for adoption and for compliance with Assembly Bill (AB)2140 and to be included in the Safety Element of the General Plan.
Fiscal Impact:
N/A
Prior Council Action: N/A
Visalia City Council Printed on 7/12/2024Page 1 of 2
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Other: N/A
Alternatives: City Council can choose to not accept the recommended resolution.
Recommended Motion (and Alternative Motions if expected):
I move to approve Resolution 2024-33 adopting the Tulare County Multi jurisdiction Local Hazard Mitigation Plan to include the City of Visalia Annex G.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: FEMA Letter, AB 2140 Fact Sheet, Tulare County Multi-Jurisdiction Local Hazard Mitigation Plan, Recommended Resolution
Visalia City Council Printed on 7/12/2024Page 2 of 2
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Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
What is AB 2140?
Passed in 2006, Assembly Bill No. 2140 (AB 2140) allows California counties and cities to be considered for additional state cost-share on eligible Public Assistance projects by adopting their current, FEMA-approved local hazard mitigation plans (LHMPs) into the Safety Element of their General Plan. This adoption, along with other requirements, makes the county or city eligible to be considered for part or all of its local-share costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act (CDAA). For more information regarding Public Assistance, please visit Cal OES Public Assistance Division.
How Can AB 2140 Help Counties, Cities, and Your Citizens? For eligible Public Assistance projects, the typical local (non-federal) cost share is 25% of the total project cost. CDAA can allow the state to pay up to 18.75% of the non- federal share, that would otherwise fall upon the county or city, to pay for eligible Public Assistance projects once the legislature has passed a bill allowing additional state funding after a disaster occurs. Upon approval of the legislature, counties and cities that are AB 2140 compliant are also eligible to be considered for the remaining
6.25% local share to be funded by the state, essentially covering the entire local-share cost for eligible Public Assistance projects. Please note that funding is not guaranteed.
What Do You Need to Know?
AB 2140 is not a requirement; it is an optional state incentive to help counties and cities become more resilient to natural hazards. Be sure to work with your planning department as the process proceeds.
There are multiple steps that must be completed before Cal OES can issue a letter of AB 2140 compliance. These steps are listed in detail below in the section What Are the Steps to Become AB 2140 Compliant? Be aware that adopting the LHMP via a formal resolution is a federal requirement for FEMA to officially “approve” the LHMP and does not make your jurisdiction automatically AB 2140 compliant. AB 2140 is a state incentive which also requires adopting your LHMP into the Safety Element of your General Plan.
However, both adoptions can take place at the same time using the same adoption resolution.
AB 2140 compliance expires when the LHMP expires. You must re-adopt the LHMP itself AND adopt the LHMP into the Safety Element of your General Plan each time you update your LHMP in order to continue compliance. For multi-jurisdiction hazard mitigation plans (MJHMPs), the county and each city in the MJHMP must adopt its own specific annex into its own General Plan 52
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
Safety Element. Annex jurisdictions are not covered under the county’s adoption.
Special districts are not eligible for AB 2140 compliance as they do not have General Plans.
For additional information on General Plan and Safety Element requirements please contact the California Office of Planning and Research (OPR ).
What Are the Steps to Become AB 2140 Compliant?
1. Complete and submit an LHMP to the Governor’s Office of Emergency Services (Cal OES).
a. Cal OES will provide an initial review and, if applicable, request required revisions based on the FEMA LHMP Guidance
.
b. Once Cal OES has determined the plan has met all FEMA LHMP requirements, Cal OES will then forward the LHMP to FEMA for final formal review and approval.
c. For questions or assistance, please contact the Cal OES Local Mitigation Planning Unit at [email protected]
.
2. LHMP adoption AND adoption into the Safety Element of the General Plan a. Adopt the LHMP via a formal resolution following your jurisdiction’s typical procedure once FEMA has issued “approvable pending adoption” (APA) status for your LHMP to be officially “approved.”
i. A sample adoption resolution for your LHMP is provided in Appendix B of the FEMA LHMP Policy Guide.
b. At this time, you may also choose to adopt the LHMP into the Safety Element of your General Plan using the same resolution. i. Within the Safety Element update adoption resolution, there must be language specific to adopting the LHMP into the Safety Element of the General Plan, and the resolution must be signed and approved before the LHMP expires. This adoption can occur at the same time the LHMP is adopted to comply with FEMA requirements, or it can occur after the LHMP is approved but before it expires after five years.
c. At any time during the life of an approved LHMP a jurisdiction may choose to adopt the LHMP into the Safety Element of their General Plan, however, when the LHMP expires, AB 2140 compliance will also expire.
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Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
3. Safety Element Language
a. The local agency must include language specific to the LHMP within the Safety Element of their General Plan and make the LHMP easily accessible as a weblink, appendices, or attachment.
b. Jurisdictions should follow their own internal procedures for Safety Element language, however, below is sample language that may be used:
i. “The Local Hazard Mitigation Plan (LHMP) for the [Add Jurisdiction Name] planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. (Add a web link or language directing to the LHMP attachment or appendix within the Safety Element.
Discussed further in step #4 below.)”
4. LHMP Accessibility and Links
a. The current, approved LHMP must be easily accessible and available to the public viewing the Safety Element. This requirement can be met by linking the LHMP electronically to the General Plan Safety Element or by including the LHMP in its entirety as an attachment or appendix in the Safety Element and referencing its location with the plan. b. Web links should be monitored so that they are in working condition and bring the viewer to the most recent approved version of the LHMP.
5. E-mail the link to the updated General Plan Safety Element web page along with the signed, adoption resolution(s) to the Cal OES Mitigation Planning inbox [email protected] for review and approval.
Frequently Asked Questions
Q: Who do I contact if I have additional questions regarding my LHMP or AB 2140 status?
A: The Cal OES Local Hazard Mitigation Planning team at [email protected]
.
54
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
Q: If a county is AB 2140 compliant, are its cities automatically covered? A: No. Each county and city must:
1. Have either your own stand-alone LHMP or have an annex in a MJHMP.
2. Have adopted your approved stand-alone LHMP or annex into your own General Plan Safety Element.
Q: Can a jurisdiction obtain AB 2140 compliance before their LHMP is approvable pending adoption (APA) from FEMA?
A: No. The LHMP must be either APA or officially “approved” by FEMA before you may adopt to obtain AB 2140 compliance.
Q: Are special districts covered under their county’s LHMP since they do not have their own general plan?
A: No. Special districts are not qualified for additional cost share under AB 2140 because they do not have a General Plan.
Q: If a county or city becomes AB 2140 compliant, does this compliance last forever?
A: No. AB 2140 compliance expires on the day the LHMP expires. You must re-adopt your LHMP into your General Plan Safety Element each time you update your LHMP.
Q: Once a county or city becomes AB 2140 compliant, are they guaranteed funding?
A: No. You will be eligible to be considered for additional CDAA funding upon approval of the legislature. There is no guarantee of funding.
Q: Can a city or county adopt their LHMP to obtain AB 2140 compliance at the same time they adopt their LHMP to fulfill the FEMA requirement when the LHMP is approvable pending adoption?
A: Yes, this is a viable option. It is crucial, however, that Cal OES receives a copy of the adoption resolution to ensure compliance. Your jurisdiction is not compliant until Cal OES has documentation.
Q: If the actual LHMP is added to the General Plan, but not within the Safety Element, is language still required in the Safety Element? A: Yes, language specific to the LHMP and a web link, appendix, or language within the Safety Element that directs the public to the most current, approved LHMP in its entirety is required to be in the Safety Element.
55
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
AB 2140 Compliance Checklist
In order to issue a letter of AB 2140 compliance, Cal OES will review and verify that your jurisdiction has performed the following: