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
City Hall Council Chambers5:15 PMMonday, August 12, 2024 Continued Meeting of August 5, 2024
ROLL CALL
CALL TO ORDER CONTINUED MEETING OF AUGUST 5, 2024
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. 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.
CONTINUED ACTION ITEMS (as described)
1. Authorization to read ordinances by title only. 24-0333
2. Transit Operations and Maintenance Contract - Second reading and adoption of Ordinance No. 2024-08 authorizing a lease of the Transit Operations and Maintenance Facility located at 525 N. Cain St in Visalia, to RATP Dev for a term of up to ten (10) years, and authorize the City Manager to execute all necessary contractual documents for the Transit Management, Operations and
Maintenance Agreement between the City and RATP Dev with a 5-year base contract not to exceed $109,000,000, and the option to have five (5) single option years up to ten (10) years. 24-0328
3. Municipal Code Amendment - Second reading of Ordinance 2024-09 amending Chapters 12.32 and 12.52 of the Visalia Municipal Code relating to conduct in City Parks, Recreation Areas and other Public Property.
24-0334
ADJOURNMENT
UPCOMING CITY COUNCIL MEETINGS
1 Visalia City Council Meeting Agenda - Final August 12, 2024
1. Upcoming City Council Meetings:
Monday, August 19, 2024 at 7:00 p.m. @ 707 W. Acequia
Tuesday, September 3, 2024 at 7:00 p.m. @ 707 W. Acequia 24-0335
2 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0333 Agenda Date: 8/12/2024 Agenda #: 1.
Agenda Item Wording:
Authorization to read ordinances by title only.
Visalia City Council Printed on 8/9/2024Page 1 of 1
powered by Legistar™
3 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0328 Agenda Date: 8/12/2024 Agenda #: 2.
Agenda Item Wording:
Transit Operations and Maintenance Contract - Second reading and adoption of Ordinance No. 2024-08 authorizing a lease of the Transit Operations and Maintenance Facility located at 525 N.
Cain St in Visalia, to RATP Dev for a term of up to ten (10) years, and authorize the City Manager to execute all necessary contractual documents for the Transit Management, Operations and Maintenance Agreement between the City and RATP Dev with a 5-year base contract not to exceed $109,000,000, and the option to have five (5) single option years up to ten (10) years.
Deadline for Action: 8/12/2024
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], (559)713-4323.
Department Recommendation:
Staff recommends the City Council conduct the Second reading and adoption of Ordinance No. 24- 08 authorizing a lease of the Transit Operations and Maintenance Facility located at 525 N. Cain St in Visalia to RATP Dev for a term of up to ten (10) years, and authorize the City Manager to execute all necessary contractual documents for the Transit Management, Operations and Maintenance agreement between the City and RATP Dev with a 5-year base contract not to exceed $109,000,000, and the option to have five (5) single option years up to ten (10) years.
Background Discussion:
At its meeting on Monday, August 5, 2024, Transit staff brought a recommendation to Council for authorization to award the Transit Management, Operations and Maintenance contract to RATP Dev with a base contract of five (5) years not to exceed $109,000,000 and authorization to allow five (5) single year options up to a total term of ten (10) years. The first reading of Ordinance 24.08 was conducted at the August 5, 2024, meeting and all necessary funds for the first year of the contract were appropriated at that time.
As the new operations and maintenance contractor, RATP Dev will be operating all Fixed Route, Paratransit, V-LINE, and Sequoia Shuttle services, as well as maintaining the Visalia Transit fleet.
RATP Dev will require the use of the City owned Transit operations and maintenance facility located at 525 N. Cain street in Visalia to provide these services. For indemnification purposes, the use of this facility requires a lease agreement between the City and RATP Dev, and the City Charter requires that any lease of City owned property with a term lasting longer than five (5) years requires an Ordinance with two readings.
Upon completion of the second reading of Ordinance 24-08, and authorization for the City Manager Visalia City Council Printed on 8/9/2024Page 1 of 3
powered by Legistar™
4 File #: 24-0328 Agenda Date: 8/12/2024 Agenda #: 2.
Upon completion of the second reading of Ordinance 24-08, and authorization for the City Manager to execute the contract between the City and RATP Dev, the turnover of Transit service will commence. The turnover process will include an extensive maintenance audit in preparation for the transfer of the facility and vehicles to the new contractor. RATP Dev will begin its mobilization process immediately, which includes the onboarding of all new and existing Transit staff. The effective date of the new operations and maintenance contract will be October 1, 2024, and RATP Dev will become solely responsible for the services under the contract on that date.
Fiscal Impact:
The contract associated with this Agenda item is an ongoing and budgeted annual expense in the Transit Operations Fund (451). Based upon the $14,863,200 currently budgeted for this contract in the 2024/2025 Fiscal Year budget, Council approved an additional appropriation of $6,000,000 from Transit Fund balance to provide for the first-year contract amount and associated expenses which are project to total $21.6 million.
Additional fund balance use is expected for the first three (3) years of the contract. As discussed in the August 5, 2024, Council Agenda item (24-0264), this contract is projected to require a total of $17 million in Transit Fund balance in the first three (3) years. The Transit Fund (451) ended the 2023/2024 Fiscal Year with a fund balance of over $40 million and has the resources to cover this requirement. The use of fund balance will allow Transit staff time to evaluate and adjust service levels to bring the cost of this new operations and maintenance contract within the limits of the annual funding received on an ongoing basis. The necessary service adjustments are expected to be completed prior to the beginning of the fourth year of this contract. The remaining Transit Fund balance, over the amount needed for this contract, will be retained to provide ongoing cash flow for Transit operations.
Additional funding information for this contract has been provided in the August 5, 2024, Council Agenda item (24-0264) which is an attachment to this item.
Prior Council Action:
August 5, 2024: First reading of Ordinance No. 24-08 and recommendation for RATP Dev Recommended Motion (and Alternative Motions if expected):
I move to introduce the second reading of Ordinance No. 24-08 authorizing a lease of the Transit Operations and Maintenance Facility located at 525 N. Cain St in Visalia to RATP Dev for a term of up to ten (10) years, and authorize the City Manager to execute all necessary contractual documents for the Transit Management, Operations and Maintenance Agreement between the City and RATP Dev with a 5-year base contract not to exceed $109,000,000, and the option to have five (5) single option years up to ten (10) years.
Environmental Assessment Status:
N/A
CEQA Review:
N/A
Attachments:
● Operations and Maintenance Staff Report
Visalia City Council Printed on 8/9/2024Page 2 of 3
powered by Legistar™
5 File #: 24-0328 Agenda Date: 8/12/2024 Agenda #: 2.
● Ordinance No. 24-08
● Contract agreement
Visalia City Council Printed on 8/9/2024Page 3 of 3
powered by Legistar™
6 Visalia City CouncilStaff ReportVisalia City Council707 W. AcequiaVisalia, CA 93291File #:24-0264Agenda Date:8/5/2024Agenda #:3.Agenda Item Wording:Award Contract for Visalia Transit Management, Operations and Maintenance- Authorize theCity Manager to award a 5-year base contract to RATP Dev not to exceed $109,000,000, with theoption to have five (5) single option years up to ten (10) years, appropriate an additional $6,000,000from the Transit Operational fund balance, and hear the first reading of Ordinance 24-08 as isrequired by the City Charter for lease agreements with a duration of longer than five (5) years.Deadline for Action: 8/5/2024Submitting Department:Administration - Transit DivisionContact Name and Phone Number:Angelina DeRossett, Transit Manager,[email protected](559) 713-4591, John Lollis,Assistant City Manager,[email protected], (559) 713-4323Department Recommendation:Staff recommends that the City Council authorize the City Manager to award a 5-year base contractto RATP Dev not to exceed $109,000,000, with the option to have five (5) single option years up toten (10) years, appropriate an additional $6,000,000 from the Transit Operational fund balance, andhear the first reading of Ordinance 24-08 as is required by the City Charter for lease agreements witha duration of longer than five (5) years.Background Discussion:In the Summer of 2023, the City’s Transit Division began preparing the Request for Proposals (RFP23-24-14) for Transit Management, Operations and Maintenance in an effort to have a new contractimplemented by October 1, 2024. Historically, the Transit Management, Operations and MaintenanceContract is effective October 1st to September 30th of each year.The RFP was released at the beginning of April 2024. There was an extended questions andanswers phase, and the close date of the RFP was also extended through four (4) addendums, toMay 21, 2024. Staff received four (4) proposals, including Keolis, MV Transportation, RATP Dev, andWeDriveU. The City’s evaluation committee individually scored the four (4) proposals with Keolis, MVTransportation and RATP Dev being the top three (3) proposers. In-person evaluations wereconducted of the top three (3) proposers and RATP Dev was the selected top vendor. RATP Devwas the top proposal for both the proposal evaluation and interview process.The current Operations and Maintenance Contractor, Transdev (previously First Transit), did notsubmit a proposal on the RFP.In accordance with the Federal Transit Administration (FTA) Best Practices Procurement Manual, thisRFP process employed the “best value” approach which is defined as follows:Visalia City Council Printed on 8/2/2024Page 1 of 6powered by Legistar™7 File #:24-0264Agenda Date:8/5/2024Agenda #:3.“Best Value describes a competitive, negotiated procurement process in which the recipientreserves the right to select the most advantageous offer by evaluating and comparing factorsin addition to cost or price such that recipient may acquire technical superiority even if it mustpay a premium price.”During the RFP process, the proposers were evaluated and scored based on merit, but all priceproposals remained sealed. Pricing proposals were not opened until a top proposer had beenselected.The City’s evaluation committee consisted of John Lollis, Assistant City Manager for the City ofVisalia, Angelina DeRossett, Transit Manager for the City of Visalia, Caleb Bowman, TransitManagement Analyst for the City of Visalia, Carmen Quevedo, Transit Financial Analyst for the City ofVisalia, Rich Tree, Transportation Director for the City of Porterville and Giancarlo Bruno, RegionalPlanner for the Tulare County Association of Governments (TCAG).The evaluation process began on May 22, 2024, and concluded on June 19, 2024, following in-person interviews with the three (3) top proposers. On Monday June 24th, Transit staff, along withJohn Lollis (Assistant City Manager) and Melody Murch (City Assistant Finance Director) begandiscussions with RATP Dev regarding their cost proposal. The official Best and Final Offer (BAFO)request was submitted to RATP Dev on Friday, July 12, 2024, with a deadline of Friday, July 19,2024.The pricing proposed by RATP Dev in their BAFO for the first five years of this contract is shownbelow in Table 1: RATP Dev Pricing and Visalia Transit Projections - Years 1-5, as follows:Table 1: RATP Dev Pricing and Visalia Transit Projections - Years 1-5Total Combined Main Service CostYear 1 Year 2 Year 3 Year 4 Year 5 Total53,059,302$ 5,656,314$ 3,990,369$ 9,355,726$ 122,454$ Sub-Total13,517,786$ 14,019,010$ 14,515,051$ 14,611,126$ 15,521,190$ 72,184,164$ Total Combined Fixed Cost Year 1 Year 2 Year 3 Year 4 Year 5 Total30,089,134$ 1,026,602$ Sub-Total6,650,356$ 5,747,575$ 5,941,693$ 6,249,402$ 6,526,710$ 31,115,736$ Total Combined Additional Services and CostsYear 1 Year 2 Year 3 Year 4 Year 5 Total3,251,002$ 1,300,000$ 860,593$ Sub-Total1,470,861$ 1,510,100$ 1,553,312$ 432,564$ 444,758$ 5,411,595$ Not to Exceed21,639,003$ 21,276,685$ 22,010,057$ 21,293,092$ 22,492,659$ 108,711,495$ The Table 1, shown above has three (3) line items that are over and above what’s included in theRATP cost proposal, which are discussed below.Microtransit:Visalia City Council Printed on 8/2/2024Page 2 of 6powered by Legistar™8 File #:24-0264Agenda Date:8/5/2024Agenda #:3.At the time of the RFP, Transit did not have a set microtransit implementation plan so proposers wereasked to provide only an hourly and mile rate as part of the bid process, whereas all other serviceswere calculated out in the yearly fees based on the miles and hours of the exiting routes. Themicrotransit service will start as a three-year pilot funded by the Tulare County Association ofGovernments (TCAG) through SB125 grant funding. This funding request goes before the TCAGBoard of Governors at its scheduled meeting on August 19, 2024. TCAG has also budgeted$140,000 for Visalia Transit to hire a consultant to perform a reimagining study. The consultant willuse data collected through the microtransit pilot to assist Visalia Transit in creating efficiencies withinthe existing Fixed Route services and replacing routes with microtransit where beneficial. This willallow staff to utilize existing operations funding to support microtransit where service efficiencies arecreated and underperforming Fixed Routes are eliminated. The microtransit item will be broughtbefore the City Council later this fall for appropriation of microtransit funds to the operations budgetafter TCAG Board approval.Since this is a three year pilot program, table 1 only includes costs for this program in years 1 thru 3.If this program continues beyond the three years, staff will return to Council to increase the annualcontract not to exceed amount.Major Components:The major component replacement amount included is an assumption made by Transit staff basedon a yearly average. Within this future contract, the current contract, and previous contracts forTransit operations and maintenance, the City is responsible for the replacement of major components(engines, transmissions, differentials etc.) on an as needed basis. Transit assumed $260,000 basedon an average from previous years. These major component replacements are reviewed andapproved by Transit staff, then paid directly to the contractor (in this case, RATP) and are thereforeincluded in the costs above.Incentives:The proposed contract includes an allowance of 1.5% of the total Revenue Service Hour payments,in addition to the contract amount to provide for employee incentive programs for the purpose ofimproving performance and customer service. This incentive amount is included in the Table 1Additional Services and Costs section above. This assumption is based upon the total incentivesthat the contractorcouldearn from the contract based on meeting specific goals that are outlinedwithin the scope of work. The transit industry standard is to cap incentives at 1.5% as a “not toexceed”.Facility Lease Information:Additionally, RATP Dev will be required to lease the Transit-owned Maintenance and Operationsfacility located at 525 N. Cain Street in Visalia to perform the duties of this contract, and the lease ofthe facility is specifically included in the contract per Federal Transit regulations. The lease of thefacility is include in the service cost and is not broken out separately.Per the Visalia City Charter, any lease agreement with a duration longer than five (5) years requiresthe adoption of an Ordinance with two public readings. The second reading must be completed priorto execution of the contract. The first reading will take place on Monday, August 5, 2024, and thesecond reading will take place on Monday, August 12, 2024. Following the second reading, theVisalia City Council Printed on 8/2/2024Page 3 of 6powered by Legistar™9 File #:24-0264Agenda Date:8/5/2024Agenda #:3.contract documents will be ready for signature and execution.Fiscal Impact:The contract associated with this agenda item is an ongoing and budgeted annual expense in the451 Transit Operations Fund. Based upon the $14,863,200 currently budgeted for this contract in the2024/2025 Fiscal Year budget, Transit will have a shortfall of approximately $6,000,000 within the firstcontract year that needs to be appropriated from Transit’s fund balance.The Transit Operational Fund (451) ended the 2023/2024 Fiscal Year with a fund balance of over$40,000,000. This is an estimated number and may change once the 2023/2024 Fiscal Year audit iscompleted. Many of the funding sources used for Transit operations are provided on areimbursement basis, and the Transit Fund has built up this large balance to provide cash flow tooperate from until annual reimbursements are received. It is estimated that half (up to $20 million) ofthis balance may be used to supplement funding for the RATP Dev contract award without affectingTransit cash flow. The use of fund balance will allow Transit staff time to evaluate and adjust servicelevels to bring the cost of this new operations and maintenance contract within the limits of theannual funding received on an ongoing basis.Transit intends to evaluate the budget and service on a year-by-year basis and make adjustments tothe operating budget by creating efficiencies within the bus route service. Service and Routechanges require a public process to achieve, and it is estimated that Transit will require up to three(3) years of supplemental funding drawn from fund balance prior to completing these serviceadjustments. Table 2 below shows a depiction of Transit’s funding sources and uses for this contract,and Transit’s goal is to trim down operations costs within the first three (3) base contract years sothat existing operations, along with an estimated $17.4 million of available fund balance dollars payentirely for the contracted bus service. Beginning in year four (4) of the contract, service levels areexpected to stay within the available annual funding limits with no additional use of fund balance. Inthe meantime, Transit will retain the remainder of the fund balance to be used for operational cashflow.Visalia City Council Printed on 8/2/2024Page 4 of 6powered by Legistar™10 File #:24-0264Agenda Date:8/5/2024Agenda #:3.Description Year 1 Year 2 Year3Total Years 1-3Sources:VT Annual Bus Contract Funding 12,245,900$ 12,222,400$ 12,234,200$ 36,702,500$ National Park Service Annual Contract 1,508,600 1,510,000 1,511,400 4,530,000 Annual Ticket Sales 1,108,700 1,130,800 1,153,300 3,392,800 TCAG Micro Transit Funding Year 1 1,063,973 1,098,716 1,137,078 3,299,767 Total Funding Available Year 1 15,927,173 15,961,916 16,035,978 47,925,067 Uses (RATP Dev Bid):Fixed Route Service (10,027,049) (10,292,184) (10,571,979) (30,891,212) Paratransit Service (946,740) (1,029,730) (1,123,442) (3,099,913) V-Line (637,260) (673,723) (704,350) (2,015,333) Sequoia Shuttle (1,883,414) (1,999,577) (2,090,911) (5,973,902) LOOP (23,322) (23,797) (24,369) (71,488) Fixed Administration Cost RATP Dev (5,623,754) (5,747,575) (5,941,693) (17,313,022) Startup Cost (Year 1 Only) (1,026,602) - - (1,026,602) Total Annual Service Bid (20,168,142) (19,766,585) (20,456,744) (60,391,472) Other Uses - Optional and Projected: - Micro Transit Pilot Year 1 (1,048,249) (1,082,479) (1,120,274) (3,251,002) Major Component Replacement Year 1 (260,000) (260,000) (260,000) (780,000) Maximum Incentive Available Year 1 (162,611) (167,621) (173,038) (503,271) Total Optional and Projected (1,470,861) (1,510,100) (1,553,312) (4,534,273) Net Sources/Uses - Projected Fund Balance Use(5,711,830)$ (5,314,769)$ (5,974,079)$ (17,000,678$ Table 2: RATP Dev Contract - Summary of Sources and Uses As shown in Table 2 above, the first contract year will require an additional $5.7 million from Transitfund balance. This amount has been rounded up to an estimate of $6.0 million. The $6,000,000appropriation proposed in this item will be added to the Bus Services and Equipment Repairs budgetline items as follows:Contracts-Bus Service: 4551-55350, $5,929,000Contract Equipment Repairs: 4551-55390, $71,000Prior Council Action:06/04/2018 City Council award of a 5-year base contract to First Transit for Management,Operations and Maintenance.Other:N/AAlternatives:noneRecommended Motion (and Alternative Motions if expected):Visalia City Council Printed on 8/2/2024Page 5 of 6powered by Legistar™11 File #:24-0264Agenda Date:8/5/2024Agenda #:3.I move to authorize the City Manager to award a 5-year base contract to RATP Dev not to exceed$109,000,000, with the option to have five (5) single option years up to ten (10) years, appropriate$6,000,000 from the Transit fund balance to operational budget funds, and hear the first reading ofOrdinance 24-08 as is required by the City Charter for lease agreements with a duration of longerthan five (5) years.Environmental Assessment Status:N/ACEQA Review:N/AAttachments:RATP Dev ProposalDraft Agreement: Exhibit L - National Park Service Cooperative AgreementDraft Agreement: Exhibit M - Liquidated Damages and IncentivesPublic Notice - RATP Dev Contract OrdinanceDraft Ordinance 24-08Attachment 3 - Scope of Word as NegotiatedAttachment 6 - RFP 23-24-14 Exhibit F as NegotiatedContract AgreementContract Attachment 1 - City of Visalia RFP 23-24-14Contract Attachment 4 - Contract Fees & Cost Information24-0264 Transit Operations and Maintenance RFP 23-24-14 Slideshow Visalia City Council Printed on 8/2/2024Page 6 of 6powered by Legistar™12 ORDINANCE 24-08
APPROVING A LEASE OF UP TO 10 YEARS DURATION
FOR THE TRANSIT OPERATIONS FACILITY
WHEREAS, A 10-year lease has been presented to the City Council of the City of Visalia relating to the real property located at 525 North Cain Street, Visalia, California and commonly known as the Transit Operations and Maintenance Facility, and
WHEREAS, Council has determined said lease is in the best interest of the City of Visalia, and
WHEREAS, Lease amount will be $1.00 per year for each year of contract term,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA that the proposed lease between the City of Visalia and RATP Dev for the use of the Transit Operation and Maintenance Facility for up to a 10-year period is hereby approved, and the City Manager be and is hereby authorized to execute the same on behalf of the City.
PASSED AND ADOPTED:
ATTEST:
APPROVED AS TO FORM
BY CITY ATTORNEY:
13 AGREEMENT
CONTRACT TO PROVIDE MANAGEMENT, OPERATIONS AND MAINTENANCE
ON BEHALF OF VISALIA TRANSIT
City of Visalia RFP No. 23-24-14
This Agreement, entered into and effective this 1st day of October , 2024, by and between the City of Visalia, hereinafter referred to as the “CITY”, and RATP Dev USA, Inc. hereinafter referred to as the “CONTRACTOR”, “VENDOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is a corporation with a primary business address of:
_________________________________________________ and SSN or EIN: _________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and
WHEREAS, CITY desires Management, Operations and Maintenance services for Visalia Transit, which was let to bid on April 2, 2024, as evidenced by RFP No. 23-24-14, Management, Operations and Maintenance on Behalf of Visalia Transit; and
WHEREAS, CITY reviewed and evaluated responses to the RFP No. 23 -24-14 and determined to award a contract to CONTRACTOR for the above mentioned services; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to provide the services requested pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a five (5) year period and, at the CITY’s option, shall unilaterally be extended for up to five (5) additional one-year periods. CITY will be presumed to request renewal unless the CITY delivers a written notice of non- renewal to the CONTRACTOR a minimum of sixty (60) days prior to the renewal date. Additionally, this Agreement may be terminated for convenience by the CITY, in whole or in part, by giving the CONTRACTOR sixty (60) days’ written notice of the intent to terminate whenever the CITY determines that termination is in the best interest of the CITY. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 City of Visalia RFP 23-24-14, Management, Operations and Maintenance on behalf of Visalia Transit
Attachment 2 Contractor’s proposal in response to RFP No. 23-24-14 Attachment 3 Scope of Work as negotiated between City and Contractor Attachment 4 Contract Fees and cost information
Attachment 5 Performance Bond in amount of 25% of first year contract total.
Attachment 6 RFP 23-24-14 Exhibit F as negotiated between City and Contractor
14 3. VENDOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation (“Scope of Services”):
A. The CONTRACTOR agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in RFP 23- 24-14 (Attachment 1 of this contract), including any negotiated revisions (stated in Attachment 3 of this contract) for the cost identified in Attachment 4 of this contract.
B. Additional Services: Incidental work related to the PROJECT and not described in RFP 23 -24-14, may be needed during the performance of this Agreement. The CONTRACTOR agrees to provide any and all additional services at the rates identified in Contract Fees ( Attachment 4 of this contract). Such additional services shall not be performed by CONTRACTOR without the written consent of CITY.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor monthly as work is completed and invoiced. As requested by Contractor (monthly)
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services requested; however, CITY shall not pay more than the following amount under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on the monthly report and similar documents presented by CONTRACTOR to CITY. The CONTRACTOR shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the tasks completed to date and since the date of the preceding billing, if any.
6. CONTRACT PRICE ADJUSTMENTS:
A. Base Contract Period (Year 1-5 of the contract)
All prices as identified in Attachment 4 of this contract shall be firm and fixed for the base five (5) year period of this Agreement.
B. Optional Year Periods (Year 6-10 of the contract)
In order to protect the interests of the CITY and to give the CONTRACTOR a reasonable basis for price adjustments, a price adjustment feature is hereby incorporated into the specifications for the five (5) optional one-year extensions of this Agreement . CONTRACTOR’s prices may be adjusted before the commencement of the first one- year extension based on the unit prices identified in Attachment 4 of this contract and annually for any additional one-year extensions based on the prior year’s unit pricing, to allow for price adjustments for labor and benefit rates, supplies and materials.
It will be the responsibility of the CONTRACTOR to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing in the period between ninety (90) and thirty (30) calendar days prior to the expiration date of the Total Compensation: $103,299,900 Not to Exceed $108,711,495 for the base five (5) years of the contract per Agreed
prices (Attachment 4 of this contract)
Source of Funds: Local Funds & Federal Transit Funds
Payment Schedule: As monthly invoices are received
15 Agreement and any one- year option periods . Requests filed outside these time periods will not be considered.
The unit prices for the five (5) one-year extensions shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for All Urban Consumers (CPI - U) U.S. City Average, All Items. The prior year’s contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve- month period and in no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the CONTRACTOR for the first one- year extension and subsequent optional one- year extensions . The adjustment of the contract prices shall not be retroactive and shall apply only to changes incurred after approval.
C. Changes in Federal, State, or Local Laws, Rules, or Ordinances In case of a change in federal, state, or local law, rule, or ordinance (“Legal Change”) that directly and solely causes a significant increase in costs to the CONTRACTOR’s operating costs, the prospective CONTRACTOR may make a written request for the consideration of amendment of this contract. Any such written request must be made within fourteen (14) days from the date of such change, or the CONTRACTOR’s right to make such request shall be irrevocably waived. The CONTRACTOR will need to show to the CITY how the federal, state, or local law, rule, or ordinance change increased the cost significantly and provide the CITY with a cost and price analyst. It will be up to the CITY to determine if the request by the CONTRACTOR is reasonable or not. If the CONTRACTOR makes a timely written request and proves to the satisfaction of the CITY that there has been a Legal Change, and such change has directly and solely caused a material increase in the CONTRACTOR’s costs, the CITY and CONTRACTOR will in good faith negotiate a reasonable increase in the CONTRACTOR’s compensation in attachment 4 of this contract. Negotiated increases under this subsection (C) are not guaranteed and are solely at the discretion of the CITY. The CITY retains the right to deny any increase requested by the CONTRACTOR under this subsection (C). Any and all change of contract will need approval from the California Department of Transportation (Caltrans) to assure changes are compliant with federal and state law. Any and all negotiated pricing above the contract pricing in Attachment 4 of this Agreement must be approved by the CITY and California Department of Transportation. Price increase shall not take effect until after approval by the CITY and shall not be retroactive.
7. PERFORMANCE BOND:
CONTRACTOR shall supply a Performance Bond prior to contract execution, in the amount of twenty-five percent (25%) of the first-year contract value to guarantee faithful performance. The performance bond shall remain in effect for the duration of the contract.
8. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS:
On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
16 IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONSULTANT
Dated: ___________________ By:_______________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONSULTANT in the capacity I have stated, and that such execution is sufficient to bind the CONSULTANT.
CITY OF VISALIA
Dated: ____________________ By:_______________________________________________ City Manager
Dated: ____________________ By:_______________________________________________ City Attorney
Dated: ____________________ By:______________________________________________ City of Visalia Risk Manager
Dated: _________________ By:______________________________________________ City of Visalia Project Manager
17 Contract Attachment 5
CITY OF VISALIA
SAMPLE PERFORMANCE BOND
(To Accompany Contract)
Bond No. ____________________
WHEREAS, the City of Visalia, has awarded to Contractor: _____________________________________________ _________________________, hereafter designated as the “Principal”, a contract for the work described as follows:
_____________________________________________________________________________________________, referred to hereafter as “Contract.”
AND WHEREAS, said Principal is required to furnish a bond in connection with the above Contract, guaranteeing the faithful performance thereof:
NOW, THEREFORE, we the undersigned Principal and ______________________________________________, referred to as “Surety” are held firmly bound to the City of Visalia in the sum of $ ___________________________ _________________________________________________ dollars ($ ______________________________), to be paid to said City or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof, made as therein provided, on it or their part to be kept and performed within the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless the City of Visalia, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications. Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.
IN WITNESS WHEREOF, We have hereunto executed this instrument on the date indicated below. Persons signing for a corporation or entity hereby represent that they are doing so pursuant to a grant of authority by the governing body.
_________________________________ _______ _________________________________ _______
Name of Principal Date Name of Surety Date
_________________________________ _________________________________ Signature for Principal Signature for Surety
_________________________________ _________________________________ Printed Name and Title Printed Name and Title
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
___________________________
___________________________
___________________________
___________________________
NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety’s Power of Attorney must be attached.
18 CERTIFICATE OF ACKNOWLEDGEMENT
State of California
County of ________________________________________ SS
On ____________ ___________________ before me _________________________________________________, personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to the be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(SEAL) Notary Public
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.
19 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0334 Agenda Date: 8/12/2024 Agenda #: 3.
Agenda Item Wording:
Municipal Code Amendment - Second reading of Ordinance 2024-09 amending Chapters 12.32 and 12.52 of the Visalia Municipal Code relating to conduct in City Parks, Recreation Areas and other Public Property.
Deadline for Action: 8/12/2024
Submitting Department: Administration
Contact Name and Phone Number: Ken Richardson, City Attorney, 559-372-2400 Department Recommendation:
It is recommended that the City Council approve the second reading of Ordinance 2024-09 amending Chapters 12.32 and 12.52 of the Visalia Municipal Code relating to conduct in City Parks, Recreation Areas and other Public Property.
Background Discussion:
The ordinance presented for Council consideration will bring full circle a comprehensive update to the Visalia Municipal Code provisions regulating activities in the City’s parks and recreation areas that started back in 2017. At that time, Chapter 12.32 regulating the activities in the City’s parks and recreation areas did not reflect current practices, most notably it did not include provisions related to the reservation of certain park spaces and facilities. Nor did Chapter 12.32 address the prohibition of an increasing number of different activities that were incompatible with the traditional park and recreation activities for which these spaces were created. While this latter category was largely related encampments of unhoused persons in City parks and along trails that were occurring at that time, it also included things such as the use of inflatable bounce houses in the parks. In response, staff formed a working committee that included select members of the Parks and Recreation Commission and the Waterways and Trails Committee to develop proposals, and in some cases specific language, for various code revisions to address those challenges and otherwise bring Chapter 12.32 up to date.
The committee’s revisions and proposals culminated after several months of study and discussion.
Their evaluation included review of public contacts documented in the City’s own Park Ranger Reports as well as park ordinances from several other agencies. In July 2018, the committee’s proposals and revisions were transmitted to various City Departments and the City Attorney’s office for review and further input. In the course of legal review and the development of the ordinances to implement the committee’s proposals, the 9th Circuit Court of Appeals decision in the case of Martin v. City of Boise (the “Boise case”) was issued in September, 2018, necessitating additional research, review and analysis to understand its implications on the proposed code revisions being developed to address the impacts of unhoused person activities on park uses and resources.
Visalia City Council Printed on 8/9/2024Page 1 of 4
powered by Legistar™
20 File #: 24-0334 Agenda Date: 8/12/2024 Agenda #: 3.
The core holding in the Boise case was that public agencies could not criminalize the act of an unhoused person sitting, lying or sleeping on public property so long as there is no low barrier shelter available. The court devoted considerable discussion as to why it believed that the ”condition of being homeless” should not be criminalized, but did concede generally that public agencies did not have to allow homeless persons to sit, lie or sleep in all public places at all times, and that certain time, place and manner restrictions could be legally defensible.
In consideration of maximizing the limited amount of control afforded the City under the Boise case, revisions to the draft ordinances for the comprehensive update were modified to account for the Boise case as noted in italics below, and moved forward for City Council consideration and approval in August, 2019. The comprehensive update as presented and ultimately approved included all of the following:
· A comprehensive and detailed definition section was developed to add depth and detail to the description of activities to be regulated and/or prohibited. · The permitting process for the exclusive reservation and use of certain park areas and facilities was updated to reflect current practices codified. · Regulations pertaining to closure of parks and designated hours were updated, including limited exceptions for unhoused persons to comply with the Boise case. · Provisions were added allowing for the temporary closure of any park or recreation facility, or designated part thereof, by the City Manager or designee, for purposes of construction and maintenance activities, or when it is determined that a hazardous condition or threat to public safety exists.
· The existing provisions on the prohibition on alcoholic beverage use in parks was updated to comport with current practices and policies.
· New detailed and comprehensive provisions prohibiting camping activities in parks and along trails, as well as prohibitions on the use of tents or temporary enclosed structures, were added to specifically prevent the formation of encampments, while still also including a narrowly tailored exception for unhoused persons to comply with the Boise case. · New provisions expressly prohibiting the storage of personal belongings in parks were added, with detailed regulations relating to notice of impoundment, ability to reclaim impounded personal belongings and City’s storage of same, and ultimate disposal where items have been abandoned, including a limited exceptions for unhoused persons to comply with the Boise case.
· New provisions prohibiting fires in parks, use of fireworks, possession of firearms or weapons, prohibitions on certain commercial activities, littering and dumping, swimming, bathing, washing and fishing in water features, nudity, smoking were added. · New provisions prohibiting bounce houses and the like without a permit were added. · Existing prohibitions and regulations related to operation of vehicles in parks, vandalism of park amenities, animals in parks, golfing, use of hazardous games and devices, glass containers, amplified music, use of generators, and use of sports courts were updated and strengthened.
· Existing provisions related to removal and suspension of a person from the use of park and recreation facilities for disorderly conducted or repeated violations of the municipal code have been updated and strengthened.
Visalia City Council Printed on 8/9/2024Page 2 of 4
powered by Legistar™
21 File #: 24-0334 Agenda Date: 8/12/2024 Agenda #: 3.
In December, 2019, the City Council considered and approved corresponding revisions to Chapter
12.52 which included many of the same detailed definitions included in Chapter 12.32, and ensured that camping activities were prohibited in all other public places outside of the parks, with a narrowly tailored exception to allow camping at night in certain areas along trails in order to comply with the Boise case holding.
In short, the comprehensive updates to the Visalia Municipal Code described above were crafted to walk right up against the line drawn by the Boise case, and with an eye towards providing staff with the most effective tools possible without exposing the City to costly legal challenges. By utilizing narrowly tailored exceptions to very robust prohibitions, it was intended that only nominal modification of Chapters 12.32 and 12.52 would be needed for full enforcement as envisioned in 2018 should the Boise case holding one day be overturned.
That day has now come. The United States Supreme Court reviewed the Ninth Circuit’s holding in the Boise case during its most recent session in the case of City of Grants Pass v. Johnson (the “Grants Pass case”). In its decision issued on June 28, 2024, the United States Supreme Court overturned the Ninth Circuit’s holding that issuing criminal citations to unhoused persons camping in public places was a violation of their 8th Amendment right against cruel and unusual punishment. In doing so, it cleared the way for public agencies to once again enforce prohibitions on camping on public property.
It is worth noting that Governor Newsome signed on to an amicus brief in the Grants Pass case supporting the city’s argument that the Boise case holding should be overturned. In response to the recent decision, he issued Executive Order N-1-24 on July 25, 2024, directing state agencies to begin the process of clearing unhoused encampments from state property, and directing the California Interagency Council on Homelessness to develop guidance and provide technical assistance for local governments to follow in implementing their local homelessness programs.
As noted above, the ordinance presented for Council consideration brings the City full circle by eliminating the exceptions in Chapter 12.32 and Chapter 12.52 for camping, use of tents and enclosed structures, and storage or personal property in parks and on trails that were noted above.
By doing so, under those Chapters, camping and the use of tents, as well as the storage of personal property, on any and all City property at any time will be prohibited and subject to citation under the Visalia Municipal Code. When the parks and trails close in the evening, they will be closed to all, no exceptions.
It is important to note that the Grants Pass case is not necessarily about providing public agencies with new tools so much as it is about returning tools that were taken away in 2018. Reinstating the ability of City personnel to issue administrative citations, as well as infraction and misdemeanor citations, while important, is but one of many tools to address the exceedingly complex issues and challenges facing City personnel in their interactions with the unhoused population in the City of Visalia. There remain a number of impediments within the various processes and stages of the local criminal justice system that can and do limit the effectiveness of this particular tool, and expectations should be tempered accordingly.
In addition to the changes discussed above, staff is taking this opportunity to propose minor amendments to Section 12.32.045 and 12.32.070 related to the manner and location of signage for park hours and warning signage regarding prohibition on alcohol use in the parks. Staff has found the Visalia City Council Printed on 8/9/2024Page 3 of 4
powered by Legistar™
22 File #: 24-0334 Agenda Date: 8/12/2024 Agenda #: 3.
present language requiring signage every 300 feet to be too restrictive insofar as it can result in an over proliferation of signage beyond what is needed to provide the public with adequate notice. The proposed revisions provide staff with the discretion to locate such signage in a common-sense manner that preserves the aesthetic features of the parks and trails while also providing legally defensible notice to the public.
This ordinance is also proposed to be processed as an “urgency” ordinance, which if approved by a 4/5ths majority of Council would take effect immediately upon adoption, rather than the 30-day period required by Article VI, Section 7 of the Charter of the City of Visalia and Government Code Section 36937. Consistent with the Charter and Government Code subsection 36937(b), as well as Executive Order No. N-1-24, the City Council can and should find that due to the amount of dangerous and unlawful activity presently occurring in parks and public spaces related to camping activities occurring in those spaces, sufficient urgency exists such that this ordinance should take effect immediately upon adoption in order to ensure the immediate preservation of public peace, health and safety.
Fiscal Impact:
N/A
Prior Council Action: Approve first reading of Ordinance 2024-09 Chapters 12.32 and 12.52 of the Visalia Municipal Code relating to conduct in City Parks, Recreation Areas and other Public Property on August 5, 2024. Approve Ordinance 2019-07 amending Chapter 12.32 of the Visalia Municipal Code relating to City Parks and Recreation Areas on August 5, 2019. Approve Ordinance 2019-17 to update Visalia Municipal Code Chapter 12.52, Sections 12.52.010-12.52.050 which regulates conduct on public property on December 3, 2019.
Other: N/A
Alternatives: The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives: 1. Refer all or parts of the ordinance back to staff and City Attorney for further review; or, 2. Direct staff and City Attorney not to process any amendments; or, 3. Continue the matter to a future City Council meeting for additional information.
Recommended Motion (and Alternative Motions if expected):
I move to approve the second reading of Ordinance 2024-09 to be processed as an urgency ordinance, to take effect immediately upon adoption.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Ordinance 2024-09, Existing Text Chapter 12.32 and Chapter 12.52, Newsome Executive Order N-1-24.
Visalia City Council Printed on 8/9/2024Page 4 of 4
powered by Legistar™
23 ORDINANCE NUMBER 2024-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTERS 12.32 and 12.52 OF THE VISALIA MUNICIPAL CODE
RELATING TO CONDUCT IN CITY PARKS, RECREATION
AREAS AND OTHER PUBLIC PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:
SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City Council of the City of Visalia hereby makes the followings findings:
A. The City of Visalia, in developing and updating these ordinances, is mindful of legal principles relating to regulation of activity and events on public property, including public parks, recreation areas and trails, sidewalks and other public spaces. The City Council desires to enact reasonable regulations that address the need to coordinate multiple uses of our public spaces, prevent dangerous, unlawful, or impermissible activities on public property, and ensure the preservation and financial accountability of public facilities and their use.
B. The City Council, in enacting these ordinances, continues to take notice of both past and recent decisions of United States and California legislative and judicial branches regarding regulation of activity in public spaces in general.
C. Our public parks are used for a variety of purposes including periodic heavy use by families with children. Park usage may be limited by the large number of people that use our public parks and by other aspects of each park, including shape, location, nature of the amenities, and competing uses of facilities.
D. Many of the City’s parks, trails and sidewalks are adjacent to busy streets, residential areas, and commercial zones, and it is our continued desire for public spaces to serve as “good neighbors” to the surrounding community.
E. Some portions of the City’s park, trail, basin and riparian spaces are not available for general, passive use as they are dedicated to special uses such as playgrounds, tennis, pickleball, basketball and volleyball courts, softball and soccer facilities, barbeque pits, exercise areas and walking trails, concert areas and skateboard facilities, while other areas may be dedicated to waterways, riparian spaces and water features.
F. Many of the specialized areas of City parks and trails are heavily and constantly used. Passive park space is also very heavily utilized by individuals who jog, 24 2
walk, read and lounge, as well as by informal groups who stroll, play games, chat and have parties and picnics in City parks, as well as by organized groups, such as schools, companies, churches, and the City itself use the public parks for picnics, festivals, community events, recreation classes, rallies and demonstrations.
G. In order to ensure the continued safety of those using public parks, recreation areas and trails, sidewalks and other public spaces, activities and the use of related equipment that may be dangerous to the health and safety of others must be limited to designated areas or prohibited altogether.
H. City parks and trails are designed to facilitate temporary experiences within set hours of operation, in order to ensure the ability of City personnel to properly maintain the grounds and limited use facilities outside of those hours. In keeping with this requirement, temporary, permanent or overnight encampments are not permitted without a special use permit.
I. The City Council hereby determines and finds that due to the amount of dangerous and unlawful activity presently occurring in parks and public spaces, sufficient urgency exists in accordance with Article VI, Section 7 of the Charter of the City of Visalia, Government Code Section 36937(b) and Governor Gavin Newsome’s Executive Order No. N-1-24 issued on July 25, 2024, such that this ordinance should take effect immediately upon adoption in order to ensure the immediate preservation of public peace, health and safety.
SECTION 2. Title 12 of the Visalia Municipal Code is hereby amended by revising Sections 12.32.010, 12.32.035, 12.32.045, 12.32.070, 12.32.090, 12.32.095 and
12.32.100 of Chapter 12.32 to include the modifications described below with additional language and new sections listed in italics/underline and deleted language listed in strikeout. Sections 12.32.010, 12.32.030, 12.32.035, 12.32.045, 12.32.070, 12.32.090,
12.32.095 and 12.32.100 of Chapter 12.32 shall henceforth read as follows:
12.32.010 Definitions.
The following words, phrases and terms as used in this chapter shall have the following meanings:
"Abandoned personal property" means personal property to which the owner surrenders, relinquishes or disclaims all right, title, claim and possession, with intention of not reclaiming it or resuming its ownership, possession or enjoyment.
Indicia of abandoned personal property shall include, but not be limited to, the act of leaving the personal property in a public park/recreation area so that it may be appropriated by the next comer.
"Alcoholic beverages" as used herein means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit 25 3
for beverage purposes either alone or when diluted, mixed, or combined with other substances.
"Available shelter" means a public or private shelter or similar accommodation, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. A shelter shall not be considered available when the individual cannot occupy said space due to overcapacity, exhaustion of stay limitations, or when religious observance is required as a condition of gaining shelter. If the individual refuses available shelter or otherwise cannot utilize the available shelter space due to voluntary actions including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall be considered available.
"Camp," "Camping" or "Camping facilities" means placing, setting up or utilizing camping equipment such as tents, tarpaulins, temporary shelters whether commercially produced or improvised from random materials, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors. Camping does not include use of umbrellas or sun shades during the time the park is open to the public or the use of temporary structures pursuant to a permit issued pursuant to this chapter. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" shall not include merely sitting, lying or sleeping outside in a public park/recreation area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.
"Camp equipment" or "Camp paraphernalia" means tents, tarpaulins, lean-tos, huts, cardboard boxes, or similar make-shift temporary shelters constructed from random materials, as well as cooking facilities, hammocks, ground cover, bedding, sleeping bags, or other similar equipment used for living in the outdoors.
"Commercial activities" means the conduct of a business, profession, trade, occupation and all and every kind of calling carried on with or without the intent of making a profit.
"Inflatable play structure" means any inflatable structure used for recreational purposes that, when filled with air, provides a suitable surface or space for jumping, bouncing or sliding.
"Park amenities" means any man-made structure, monument, statue, vase, fountain, pole, wall, fence, railing, bench, picnic table, trash receptacle, arbor, shade structure, playground, building, landscaping, natural vegetation, lighting system, sprinkler system, and walking or biking trails, paths or walkways, and waterways.
26 4
"Park and recreation facilities" and "Public park/recreation areas" means all parks and their associated open spaces, pedestrian and biking trails, park amenities, buildings and recreation centers used by the public within the boundaries of the city limits of the city, and which are owned, operated and/or maintained by the city.
"Personal property" means tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, camping facilities, camping paraphernalia, money, and/or books.
"Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound, or by which the human voice, music, or any other sound is amplified. Sound amplifying equipment shall exclude vehicle radios, portable music players and stereo equipment when used and heard only by the occupants of the vehicle in which same is installed or by the intended users. Sound amplifying equipment shall exclude devices on authorized emergency vehicles or other warning devices on any vehicle used only for traffic safety purposes.
"Store", "Stored" or "Storage" means to put aside personal property in a public park/recreation area or accumulate it for use when needed; to place personal property in a public park/recreation area for safekeeping; and/or to leave personal property unattended in a public park/recreation area.
"Tent" means shelter or structure that is not entirely open on all sides.
"Umbrellas or sun shades" means any canopy or cover that is open on all sides, from ground level to the top of the structure, and consists of pliable tent-like material such as canvas, nylon or other synthetic fabric, and that is held aloft by one or more supporting metal, plastic or wooden poles.
12.32.035 Exemptions.
A. Section 12.32.030 shall not apply to any person in a park or recreation facility when such a person is participating in, going to, or coming from an activity which is either sponsored or co-sponsored by a public entity, or is carrying on such activity pursuant to a valid permit or license issued by the city. Said Section
12.32.030 shall further not apply to any peace officer or other duly authorized public employee acting within the course and scope of his/her employment.
B. An individual or family unit experiencing homelessness may not be cited for violation of Section 12.32.030 unless it is confirmed that there is available shelter as defined in Section 12.32.010.
12.32.045 Signs identifying hours of closure.
27 5
Each park and recreation facility subject to closure during specified hours pursuant to this article shall be properly and appropriately posted. Signs setting forth the hour and time of closure and reopening of the park and recreation facility as provided in this article shall be posted at or near entrance ways to said park and recreation facility, or in otherwise conspicuous locations as determined by the City Manager or designee. Said signs shall be not less than one square foot in area and shall contain lettering, not less than one-half inch in height, identifying the hours during which the park and recreation facility shall be closed, and further advising the public that entry to the park and recreation facility or remaining on the facilities' grounds between the designated hours is a violation of law. In the event that there are no clear and obvious entrance ways or natural or manmade barriers which prohibit access to or entry upon a park or recreation facility subject to this article, signs shall also be posted at intervals of every three hundred (300) feet up to fifteen hundred (1,500) feet, or at shorter intervals when necessary to provide adequate notice and otherwise maintain visibility from the public right-of-way along the perimeter of the facility accessible to the public.
12.32.070 Warning signs posted.
Each park or recreation area shall be clearly posted with a warning sign at all common entry points, and a sign shall be posted every three hundred (300) feet at intervals up to fifteen hundred (1,500) feet, or at shorter intervals when necessary to provide adequate notice and otherwise maintain visibility of the signage from the right-of-way when a park or recreation area's boundary is adjacent to a public street not otherwise blocked by natural or manmade barriers that prevent or prohibit access or entry. Signs posted at park and recreation facilities where possession and consumption of alcoholic beverages may be allowed by permit shall state the following:
"Possession and/or consumption of any alcoholic beverage without a permit is prohibited by City Ordinance Section 12.32.065."
Signs posted at all remaining parks shall state the following:
"Possession and/or consumption of any alcoholic beverage is prohibited by City Ordinance Section 12.32.065."
12.32.090 Camping in parks and recreation facilities prohibited.
A. It is unlawful and a public nuisance for any person to establish, maintain, or operate a camp or occupy camp facilities, and to utilize camping equipment or camping paraphernalia while camping or occupying camping facilities, in any public park/recreation areas. "Establish" means setting up or moving camping equipment or camp paraphernalia in park and recreation facilities to camp or operate camp facilities. "Maintain" means keeping or permitting camping equipment or camping paraphernalia to remain in a park or recreation facility in order to camp or operate 28 6
camping facilities. "Operate" means participating or assisting in establishing or maintaining a camp or camping facilities.
B. An individual or family unit experiencing homelessness may not be cited for violation of subsection A. between the hours of 10:00 p.m. and 6:00 a.m. unless it is confirmed that there is available shelter as defined in Section 12.32.010.
C. Notwithstanding the exemption provided for in subsection B., camping facilities, camping equipment, and camping paraphernalia may not be affixed or attached to, or constructed upon or with, or otherwise located within ten (10) feet from, any park amenities.
D. Notwithstanding the exemption provided for in subsection B., camping facilities, camping equipment, and camping paraphernalia may not be located or utilized within any waterways or riparian areas, as defined in Section 12.52.010, and to the extent waterways and riparian areas exist in park and recreation facilities, those areas shall be subject to the prohibitions set forth in Chapter
12.52 of the Visalia Municipal Code.
E. Camping may be permitted in park and recreation facilities in conjunction with any city sponsored and approved event.
12.32.095 Storage of personal belongings prohibited.
A. It shall be unlawful and a public nuisance for any person to store personal property in any public park/recreation area, except as otherwise approved in writing by the City Manager or designee or by resolution of the City Council.
Personal property stored in public park/recreation areas in violation of this section shall be impounded pursuant to the requirements of this section. Any personal property left in any public park/recreation area at the time the public park/recreation area is closed to the public, whether or not the personal property is unattended, shall be immediately impounded, pursuant to this section.
Notwithstanding these prohibitions, an individual or family unit experiencing homelessness may not be cited for violation of this section between the hours of 10:00 p.m. and 6:00 a.m. unless it is confirmed that there is available shelter as defined in Section 12.32.010.
B. The provisions of this section shall not apply to abandoned personal property, which shall be disposed of forthwith.
C. The Chief of Police or the City Manager, or their designees, are authorized to impound personal property pursuant to the provisions this section, and shall make provisions for the receipt and safekeeping of personal property coming into his or her possession pursuant to this section. A receipt shall be issued to the person delivering such personal property, unless the personal property was found in the course of employment by an employee of the city. The Chief of Police or the City 29 7
Manager, or their designees, shall notify the owner of the personal property if his or her identity is reasonably ascertainable, or, if the identity of the owner is not reasonably ascertainable, cause a notice to be left in a prominent place on or near the location of the personal property for any personal property impounded pursuant to this section, advising that the city is in possession of the personal property and the location where it may be claimed.
D. Notice prior to impoundment.
1. Stored personal property may be impounded without notice if there is a reasonable belief that it is abandoned, presents an immediate threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband.
2. The city may erect signs in public parks/recreation areas stating that any personal property stored in those areas will be impounded. Those signs shall serve to provide the notice required by this section.
3. If neither subsection 1. nor subsection 2. apply, personal property unlawfully stored in public parks/recreation areas shall be impounded only after a notice is provided to the owner of the personal property or left at or near the location of the personal property advising that the personal property will be impounded if it is not removed. This notice will specify a time when the personal property will be impounded if it is not removed.
E. If, after any notice required by subsection D. is given, personal property remains unlawfully stored in a public park/recreation area, that personal property may be impounded. The person impounding the personal property shall leave a notice in a conspicuous place at or near where the personal property was located prior to being impounded, advising where the personal property is being kept and when and where it may be claimed by its owner.
F. Personal property coming into possession of the city pursuant to this section shall be deposited in a safe place for a period of at least ninety (90) days. If the personal property consists of money, it shall be deposited with the Finance Director or designee for a period of not less than ninety (90) days, unless sooner claimed by its owner. In the event the personal property or money is not claimed within ninety (90) days, it shall be deemed to be abandoned personal property, subject to disposition as provided in this section.
G. During the time that any personal property is held by the city, it may be delivered or paid to its owner as follows:
1. The personal property shall be delivered upon proof of ownership satisfactory to the Chief of Police or the City Manager, or their designees, after ten 30 8
(10) days' notice by mail to any other person(s) who have asserted a claim of ownership at any address given by such person(s).
2. If the personal property consists of money, it shall be paid to the owner upon written order from the Chief of Police or the City Manager, or their designees, to the Director of Finance. The Chief of Police or City Manager, or their designees, shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of personal property.
3. If ownership cannot be determined to the satisfaction of the Chief of Police or the City Manager, or their designees, he or she may refuse to deliver the personal property or refuse to order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction.
H. Upon expiration of the ninety-day period, any personal property received by the city and not delivered to the owner may be appropriated to the use of the city upon order of the City Manager or his or her designee, on his or her finding that the personal property is needed for a public use, and any personal property not appropriated to city use may be disposed of or sold at public auction to the highest bidder. All unclaimed money received by the Chief of Police, and not delivered to the owner during the ninety-day period, shall thereafter be deposited in the general fund.
I. Subject to the provisions of subsection I. below, any personal property coming into the possession of the Chief of Police or designee may be disposed of immediately and without notice, in a manner that the Chief of Police or designee determines to be in the public interest, when such personal property is perishable, contraband, or constitutes an immediate threat to the public health or safety.
J. The provisions of this chapter shall not apply to real or personal property or money subject to confiscation pursuant to state or federal law, to personal property that constitutes evidence of a crime, evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law.
12.32.100 Tents and other enclosed temporary structures prohibited.
A. It is unlawful for any person to set up and utilize a tent or similar temporary shelter or improvised make-shift structure from random items, that is not open on all sides in a public park/recreation area, except as when authorized by a permit issued pursuant to Article 2. Only the use of umbrellas or sun shades is permissible in a public park/recreation area.
B. Notwithstanding these prohibitions, an individual or family unit experiencing homelessness may not be cited for violation of this section between the hours of 10:00 p.m. and 6:00 a.m. unless it is confirmed that there is available shelter as defined in Section 12.32.010.
31 9
SECTION 3. Title 12 of the Visalia Municipal Code is hereby amended by revising Sections 12.52.010 and 12.32.050 of Chapter 12.52 to include the modifications described below with additional language and new sections listed in italics/underline and deleted language listed in strikeout. Sections 12.52.010 and 12.52.050 of Chapter 12.52 shall henceforth read as follows:
12.52.010 Definitions and statement of purpose.
This ordinance is not intended to limit or prohibit the rights of any property owner over property, including but not limited to rights of a property owner to enforce trespassing laws or to maintain hours of operation. The definitions set forth in this section apply to this chapter and to any other sections where these definitions are incorporated by reference, either expressly or by implication.
The definitions set forth in this section apply to this chapter and to any other sections where these definitions are incorporated by reference, either expressly or by implication.
Public Place. "Public place" includes any of the following:
1. Any area inside a city or school district building that is open to the public during its normal operating hours;
2. Any enclosed area outdoors which is owned or occupied by the city and used for public purposes, or which is owned or occupied by a public school district;
3. Any unenclosed area outdoors, owned or occupied by the city and used for public purposes to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure or other lawful purpose: this category includes, but is not limited to, publicly owned open areas such as streets, sidewalks, trails and parks.
Public Way. "Public way" means any public place or portion of a public place which serves primarily for the movement of pedestrian, vehicular, or bicycle traffic from one area to another; "public way" includes, but is not limited to, streets, sidewalks, bicycle paths, covered or enclosed walkways for pedestrians; any privately owned walkway, whether enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises, without regard to the pedestrian's destination; and outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks or other public places open to the general public.
Enclosed Area. "Enclosed area" means an area which is substantially surrounded by a fence, ditch, wall or other barrier so as to limit access to a relatively few points around the area.
32 10
City Building/City Property. "City property or city building" means any property or building which is owned or occupied by the city or any of its agencies and which is used for public purposes.
School District Building. "School district building" means any building which is owned or occupied by a public school district and which is used, for public purposes.
“School” means any public or private elementary school, junior high school, four- year high school, or continuation high school.
"Available Shelter" means a public or privat e shelter or similar accommodation, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. A shelter shall not be considered available when the individual cannot occupy said space due to overcapacit y, exhaustion of stay limitations, or when religious observance is required as a condition of gaining shelter. If the individual refuses available shelter or otherwise cannot utilize the available shelter space due to voluntary actions including, but not l imited to, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall be considered available.
“Basin or basins” mean drainage basins or swales intended to collect intermittent flows of water, including but not limited to stormwater, flood control, or water placed into basins for purposes of groundwater recharge. This does not include dual purposes basins that are identified as parks and recreation areas and landscaped with turf improvements but can also serve as drainage basins to collect water, those areas are subject to applicable park rules and regulations.
“Camp,” “camping” or “camping facilities” means placing, setting up or utilizing a camp or camping equipment or camping paraphernalia for living accommodation or lodging purposes in the outdoors. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" shall not include merely sitting, lying or sleeping outside in a public park/recreation area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.
“Camping equipment” or “camping paraphernalia” means tents, tarpaulins, temporary shelters whether commercially produced or improvised, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors.
“Ditch bank” means an embankment built to prevent the overflow of a ditch or built to allow travel along the ditch for the operation and maintenance of the ditch.
33 11
“Levee” means an embankment built to prevent the overflow of a river or stream and includes manmade embankments and naturally occurring ridges of sediment deposited alongside the river or stream by water flows.
“Riparian setback area” shall mean the space owned or managed by the city under applicable policies, regulations, rules of development, or consist of an area designated by the city as space that cannot be developed due to its proximity to the waterway, these areas include but are not limited to areas where the city has installed recreational trails along with protecting, restoring, and enhancing corridors of native riparian vegetation in the areas around waterways, although these trails are also subject to applicable park rules and regulations. This does not include pocket parks or greenbelt areas with turf or other grass areas that similar to a traditional park, these types of facilities are governed by the rules and regulations for parks and recreational areas. It also does not include private property or property owned by the city that is fenced to prevent access or posted indicating that trespassing is prohibited, such areas are closed to the public at all times.
“Waterway” shall mean a river, stream, a man-made ditch, or an altered watercourse.
Acknowledging that the streams and watercourses do not typically flow over the entire course of the year the term waterway shall be applied at all times regardless of whether the waterway is dry or containing water. These provisions are not intended to restrict or impact the rights of the persons to utilize navigable waters of California.
12.52.050 Exemptions.
The following are exemptions to Sections 12.52.020, and 12.52.030 and 12.52.040, these sections shall not apply in the following cases and or to the following persons:
A. Persons standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance or similar event permitted under the provisions of this code;
B. Any conduct which is in conformity with the terms this code related to the issuance of special event permits;
C. Any conduct in areas open to the public that are privately owned or are publicly owned but being leased or rented for private use where such conduct is in conformity with permission granted by the owner of such premises or by the person entitled to the possession of such premises;
D. Persons sitting or lying down due to a medical emergency;
E. The use of a wheelchair or similar device to move about shall not be considered blocking or interfering with a public place or public way; and
34 12
F. Persons who place chairs or stools on public sidewalks in conjunction with permitted outdoor dining or permitted vending and or noncommercial uses permitted by the city.
G. Between the hours of 10 p.m. and 6 a.m. homeless persons may not be cited for camping, sitting, sleeping, or lying down if there is not available shelter space. This exemption shall not apply if the camping, sitting, sleeping, or lying down, obstructs or blocks the usage of a public place or public way while such area is available for use by the general public and the person does not relocate to avoid obstructing or blocking the public place or public way after being notified. This exemption shall also not apply in the following locations: a waterway; a basin; on a levee; on a ditch bank; in a riparian setback area; on or within five hundred (500) feet of a school; trails; public places or public ways that consist of an enclosed area or that are marked as closed to the public; and those areas described in Section 12.52.040.
SECTION 4. The City Council intends this Ordinance to supplement, not to duplicate or contradict applicable state law and this Ordinance shall be construed in light of that intent.
SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 6. This Ordinance shall take effect upon its adoption in accordance with Article VI, Section 7 of the Charter of the City of Visalia and Government Code Section 36937(b).
35 13
SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.
PASSED AND ADOPTED: August 12, 2024 BRIAN POOCHIGIAN, MAYOR
ATTEST:
_____________________________
LESLIE B. CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY
____________________________
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 Ordinance 2024-09 passed and adopted by the Council of the City of Visalia at a continued, regular meeting held on August 12, 2024 and certify a summary of this ordinance will be published in the Visalia Times Delta.
Dated: August 12, 2024 LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0335 Agenda Date: 8/12/2024 Agenda #: 1.
Agenda Item Wording:
Upcoming City Council Meetings:
Monday, August 19, 2024 at 7:00 p.m. @ 707 W. Acequia
Tuesday, September 3, 2024 at 7:00 p.m. @ 707 W. Acequia Visalia City Council Printed on 8/9/2024Page 1 of 1
powered by Legistar™
55