Agenda packet — Visalia City Council, September 16, 2024 (part 2 of 7)

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08.08.24 Recording requested by and when
recorded please return to:

Great Valley Land Trust
525 W. Main St. Ste. 8
Visalia, CA 93291
(Space above this line reserved for Recorder’s use)

DEED OF AGRICULTURAL CONSERVATION EASEMENT
This Deed of Agricultural Conservation Easement is granted on this _____ of __________ 2024, by Cal Diamond Cold Storage Inc., 2800 Road 136, Delano, CA 93215 (“Landowner”), to GREAT VALLEY LAND TRUST, a California nonprofit public benefit corporation, having an address at 525 W. Main St. Ste. 8, Visalia, CA 93291 (“Grantee”), for the purpose of forever conserving the agricultural productive capacity and open space character of the subject property.

RECITALS
A. The Landowner is the sole owner in fee simple of the conserved farmland property (“Property”) legally described in Exhibit A (“Legal Description”) and generally depicted in Exhibit B (“Map”), attached to and made a part of this Agricultural Conservation Easement (“Easement”). The Property consists of approximately 34 acres of land and is located in Tulare County, California, being a portion of assessor’s parcel number(s) 337- 130-010. The Property is open farmland, whose soils have been classified as prime farmland or farmland of statewide importance by the U.S. Department of Agriculture’s Natural Resources Conservation Service, and by the California Department of Conservation’s Farmland Mapping and Monitoring Program, because this land has the soil quality, growing season, and water supply needed for sustained agricultural production.

Tulare County Public Parel Zoning Lookup Map currently indicates the Property is zoned AE-20
B. The agricultural and other characteristics of the Property, its current use and state of improvement, are documented and described in a Baseline Documentation Report (“Baseline Report”), prepared by the Grantee with the cooperation of the Landowner and incorporated herein by this reference. The Landowner and the Grantee warrant that the Baseline Report is complete and accurate as of the date of this Easement. Both the Landowner and the Grantee shall retain duplicate original copies of the Baseline Report. 204

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08.08.24 The Baseline Report may be used to establish whether a change in the use or condition of the Property has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Property as of the date of this Easement.

C. DR Horton CA3 Inc., (“Developer”),pursuant to Visalia Municipal Code Title 18, Chapter

18.04, Agricultural Land Preservation Program (“APO”) seeks to protect farmland in the Southern San Joaquin Valley through causing the grant of a perpetual conservation easement to mitigate for the conversion of approximately 34 acres of “prime farmland” or “farmland of statewide importance” in connection with the annexation of land for the “Pearl Woods Project” (“Project") in Visalia, and upon City’s acceptance attached hereto to satisfy the preserved land obligation imposed by the APO and subject to the requirements set forth therein.

D. The Landowner grants this Easement for valuable consideration to the Grantee for the purpose of assuring that, under the Grantee’s perpetual stewardship, the agricultural productive capacity and open space character of the Property will be conserved and maintained forever, and that uses of the land that are inconsistent with these conservation purposes will be prevented or corrected. The parties agree, however, that the current agricultural use of, and improvements to, the Property, as represented in the Baseline Report completed at the time of this Easement’s recordation, are consistent with the conservation purposes of this Easement.

E. The conservation purposes of this Easement are recognized by, and the grant of this Easement will serve, the following clearly delineated governmental conservation and environmental policies:

1. The Farmland Protection Policy Act, P.L. 97-98, 7 U.S.C. section 4201 et seq., whose purpose is “to minimize the extent to which Federal programs and policies contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that Federal programs are administered in a manner that, to the extent practicable, will be compatible with State, unit of local government, and private programs and policies to protect farmland;”

2. The California Environmental Quality Act (PRC §§21000 et seq.) which requires that significant impacts to the environment resulting from a project be mitigated to the extent feasible;

3. California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements;

4. California Government Code Section 65966 (a), which states that “any conservation easement created as a component of satisfying a local or state mitigation requirement shall be perpetual in duration”;
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08.08.24 5. California Constitution Article XIII, section 8, California Revenue and Taxation Code sections 421.5 and 422.5, and California Civil Code section 815.1, under which this Agricultural Conservation Easement is an enforceable restriction, requiring that the Property’s tax valuation be consistent with restriction of its use for purposes of food and fiber production and conservation of natural resources;

6. Section 10200 et seq. of the California Public Resources Code, which creates the California Farmland Conservancy Program within the Department;

7. Section 51220 of the California Government Code, which declares a public interest in the preservation of agricultural lands, by providing that “agricultural lands have a definitive public value as open space" and "that the discouragement of premature and unnecessary conversion of agricultural land to urban uses is a matter of public interest”;

8. California Food and Agriculture Code Section 821 states that one of the major principles of the State's agricultural policy is "to sustain the long-term productivity of the State's farms by conserving and protecting the soil, water, and air, which are agriculture's basic resources”.

F. The Grantee is a California nonprofit organization within the meaning of California Public Resources Code section 10221 and California Civil Code section 815.3 and is a tax exempt and “qualified conservation organization” within the meaning of Sections 501(c)(3) and 170(b)(1)(A)(vi) as defined by the United States Internal Revenue Code. Grantee, as certified by a resolution of Grantee's Board of Trustees, accepts the responsibility of enforcing the terms of this Easement and upholding its conservation purposes forever. 206

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08.08.24 GRANT OF AGRICULTURAL CONSERVATION EASEMENT
Now, therefore, for the reasons given, and in consideration of their mutual promises and covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Landowner voluntarily grants and conveys to the Grantee, and the Grantee voluntarily accepts, a perpetual conservation easement, as defined by Sections 815.1 and 815.2 of the California Civil Code and Section 10211 of the California Public Resources Code, and of the nature and character described in this Easement for the purpose described below, and agree as follows:

1. Conservation Purpose.

The conservation purpose (“Purpose”) of this Easement is to enable the Property to remain in productive agricultural use in perpetuity by preventing and correcting uses of the Property prohibited by the provisions of this Easement. To the extent that the preservation of the open space character of the Property is consistent with such use, it is within the Purpose of this Easement to protect those values.

2. Right to Use Property for Agricultural Purposes.

The Landowner retains the right to use the Property for agricultural purposes, or to permit others to use the Property for agricultural purposes, in accordance with applicable law and this Easement.

3. Prohibited Uses.

The Landowner shall not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with this Easement. Any use or activity that would diminish or impair the agricultural productive capacity of the Property and open space character protected by this Easement, or that would cause significant soil degradation or erosion, restrict agricultural husbandry practices, or that is otherwise inconsistent with the Conservation Purpose is prohibited (“Prohibited Use”). “Husbandry practices” means agricultural activities, such as those specified in Section 3482.5(e) of the California Civil Code, conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality.

This Easement authorizes the Grantee to enforce these covenants in the manner described herein. However, unless otherwise specified, nothing in this Easement shall require the Landowner to take any action to restore the condition of the Property after any Act of God or other similar event over which the Landowner had no control. The Landowner understands that nothing in this Easement relieves it of any obligation or restriction on the use of the Property imposed by law.
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08.08.24 4. Permission of the Grantee.

Where the Landowner is expressly required to obtain the Grantee’s permission for a proposed use hereunder, said permission (a) shall not be unreasonably delayed or withheld by the Grantee, (b) shall be sought and given in writing, with copies of all documents to be provided to the City, and (c) shall in all cases be obtained by the Landowner prior to the Landowner's undertaking of the proposed use. The Grantee shall grant permission to the Landowner only where the Grantee, acting in the Grantee's sole reasonable discretion and in good faith, determines that the proposed use is not a “Prohibited Use” as defined in Section 3.

5. Construction or Placement of Buildings and Other Improvements.

The Landowner may undertake construction, erection, installation, or placement of buildings, structures, or other improvements on the Property only as provided in subsections (a) through (c) below. All other construction, erection, installation, or placement of buildings, structures, or other improvements on the Property is prohibited.

Before undertaking any construction, erection, installation or placement that requires permission, the Landowner shall notify the Grantee and obtain prior written permission from the Grantee.

For purposes of this section, the term “improvements” shall not refer to, and specifically excludes, crops, plants, trees, vines, or other living improvements planted for agricultural purposes, nor shall it refer to irrigation improvements necessary or desirable to irrigate the Property for agricultural purposes, all of which may be made without permission of the Grantee.
(a) Fences – Existing fences may be repaired and replaced without permission of the Grantee. New fences may be built anywhere on the Property for purposes of reasonable and customary agricultural management, and for security of farm produce, livestock, equipment, and improvements on the Property, without permission of the Grantee. (b) Utilities and Septic Systems – Wires, lines, pipes, cables or other facilities providing electrical, gas, water, sewer, communications, energy generation, or other utility services solely to serve the improvements permitted herein or to transmit power generated on the Property may be installed, maintained, repaired, removed, relocated and replaced.

(c) Power generation and transmission facilities primarily for agricultural and other permitted uses on the Property may be constructed only with permission of the Grantee pursuant to Paragraph 4 and must be located in an area not to exceed 0.25 acres. Power generated in excess of requirements on the Property may be sold to appropriate public utilities. Notwithstanding the foregoing, commercial power generation, collection or transmission facilities, including wind or solar farms and the conveyance of any rights208

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08.08.24 of-way over, under or on the Property for any such purpose, are prohibited.

6. No Subdivision.

The division, subdivision, defacto subdivision, or partition of the Property, including transfer of development rights, whether by physical, legal, or any other process, is prohibited.

The Landowner and Grantee acknowledge and understand that the Property consists of one legal parcel(s) or portions thereof, and that no additional, separate legal parcels currently exist within the Property that may be recognized by a certificate of compliance or conditional certificate of compliance pursuant to California Government Code section 66499.35 based on previous patent or deed conveyances, subdivisions, or surveys. The Landowner will not apply for or otherwise seek recognition of additional legal parcels within the Property based on certificates of compliance or any other authority. The Landowner shall continue to maintain the legal parcels comprising the Property, and all interests therein, under common ownership, as though a single legal parcel.

Lot line adjustment may be permitted only with the written approval of the Grantee pursuant to Section 4, in conjunction with the approval of the local jurisdiction, and for purposes of maintaining, enhancing or expanding agricultural practices or productivity on the Property, provided that the boundaries of this Easement may not be altered by such Lot Line Adjustment.

7. Extinguishment of Development Rights.

The Landowner hereby grants to the Grantee all development rights except as specifically reserved in this Easement, that were previously, are now or hereafter allocated to, implied, reserved, appurtenant to, or inherent in the Property, and the parties agree that such rights are released, terminated, and extinguished, and may not be used on or transferred by either party to any portion of the Property as it now or later may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. This Easement shall not create any development rights.

8. General Prohibition on Surface Mining.

Except as specifically authorized herein, the mining, removal or extraction on or from the area subject to this Easement of soil, sand, gravel, aggregate, rock, oil, natural gas, fuel, or any other mineral substance, through a surface mining, removal or extraction method or from above a depth of 150 feet below the surface of the Property is prohibited. This prohibition includes the installation of roads or pipelines for transportation of the previously stated resources.

If a third party owns or leases the oil, natural gas, or any other mineral rights associated 209

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08.08.24 with the Property at the time this Easement is executed, and their interests have not been subordinated to this Easement, the Landowner must require, to the greatest extent possible, that any oil, natural gas, and mineral exploration and extraction conducted by such third party is conducted in accordance with this Paragraph 8. Any mineral leases or other conveyances of minerals entered into or renewed after the date of this Easement are subordinate to the terms of this Easement and must incorporate by reference the term of this Easement.

This section is not intended to interfere with Landowners’ right to remove cobble and hardpan from farm areas in order to prepare the land for agricultural purposes.

9. Paving and Road Construction.

Other than existing roads as identified in the Baseline Report, no portion of the Property presently unpaved shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material, unless such measures are required by air quality laws or regulations applicable to the Property. Except as otherwise permitted herein, no road for access or other purposes shall be constructed without the permission of the Grantee pursuant to Section 4. Notwithstanding the foregoing, construction of unpaved farm roads, as necessary or desirable by agricultural operations, is permitted without permission from the Grantee. The Landowner shall notify the Grantee of any significant relocation or net addition of unpaved farm roads.

10. Trash and Storage.

The dumping or accumulation on the Property of any kind of trash, refuse, vehicle bodies or parts, or “Hazardous Materials,” as defined in Section 25 is prohibited. Farm-related trash and refuse produced on the Property may be temporarily stored on the Property subject to all applicable laws. The storage of agricultural products and byproducts produced on the Property and materials reasonably required for agricultural production on the Property, including Hazardous Materials, is permitted as long as it is done in accordance with all applicable government laws and regulations.

11. Commercial Signs.

Commercial signs (including billboards) unrelated to permitted activities conducted on the Property are prohibited.

12. Recreational Uses; Motorized Vehicle Use Off Roadways Resort structures, athletic fields, golf courses, non-residential swimming pools, public or commercial airstrips, commercial equestrian facilities, public or commercial helicopter pads, and any other non-agricultural recreational structures or facilities are prohibited on the Property. The use of motorized vehicles off roadways is prohibited except were used 210

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08.08.24 for agricultural production, property maintenance and security, or for the purpose of monitoring this Easement.

13. Water Rights.

The Landowner shall retain and reserve all ground water, and all appropriative, prescriptive, contractual or other water rights appurtenant to the Property at the time this Easement becomes effective. The Landowner shall not permanently transfer, encumber, lease, sell, or otherwise separate such quantity of water or water rights from title to the Property itself. Permanent separation of water or water rights is prohibited. All water shall be retained in Tulare County for agricultural production and used in conjunction with the improvements permitted by Section 5 of this Easement only.

Water may be temporarily distributed to a contiguous property or other property owned or leased by the Landowner on an annual basis for agricultural production only. Any temporary distribution of water shall not impair the long-term agricultural productive capacity or open space character of the Property.

14. Rights Retained by the Landowner.

Subject to Section 7 and to interpretation under Section 23, as owner of the Property, the Landowner reserves all interests in the Property not transferred, conveyed, restricted, prohibited or extinguished by this Easement. These ownership rights include, but are not limited to, the right to sell, lease, or otherwise transfer the Property to anyone the Landowner chooses, as well as the right to privacy, the right to exclude any member of the public from trespassing on the Property, and any other rights consistent with the Purpose of this Easement. Nothing contained herein shall be construed as a grant to the general public of any right to enter upon any part of the Property.

Nothing in this Easement relieves the Landowner of any obligation or restriction on the use of the Property imposed by law.

15. Responsibilities of the Landowner and the Grantee Not Affected.

Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Landowner as owner of the Property. Among other things, this shall apply to:
(a) Taxes – The Landowner shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantee ever pays any taxes or assessments on the Property, or if the Grantee pays levies on the Landowner’s interest in order to protect Grantee’s interests in the Property, the Landowner will reimburse the Grantee for the same. It is intended that this Easement constitute an enforceable restriction within the meaning of Article XIII, Section 8 of the California Constitution and that this Easement qualify as an enforceable restriction under the provisions of 211

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08.08.24 California Revenue and Taxation Code Sections 402.1(a)(8) and 423. (b) Upkeep and Maintenance – The Landowner shall be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. The Grantee shall have no obligation for the upkeep or maintenance of the Property. If the Grantee acts to maintain the Property in order to protect the Grantee’s interest in the Property, the Landowner will reimburse the Grantee for any such costs. (c) Liability and Indemnification – In view of the Grantee’s and the City negative rights, limited access to the land, and lack of active involvement in the day-to-day management activities on the Property, the Landowner shall indemnify, protect, defend and holds harmless the Grantee and the City, their respective officers, directors, members, employees, contractors, legal representatives, agents, successors and assigns (collectively, “Agents and Assigns”) from and against all liabilities, costs, losses, orders, liens, penalties, claims, demands, damages, expenses, or causes of action or cases, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with or relating to the Property or the Easement. The Landowner shall be solely liable for injury or the death of any person, or physical damage to any property, or any other costs or liabilities resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due to the negligence or willful misconduct of the Grantee, the City, and/or their respective Agents and Assigns. The Grantee shall be named as an additional insured on Landowner’s general liability insurance policy.

Neither the Grantee, the City, nor their Agents and Assigns shall have responsibility for the operation of the Property, monitoring of hazardous conditions on it, or the protection of the Landowner, the public or any third parties from risks relating to conditions on the Property. Without limiting the foregoing, neither the Grantee, nor the City, nor their respective Agents and Assigns shall be liable to the Landowner or other person or entity in connection with consents given or withheld, or in connection with any entry upon the Property occurring pursuant to this Easement, or on account of any claim, liability, damage or expense suffered or incurred by or threatened against the Landowner or any other person or entity, except as the claim, liability, damage, or expense is the result of the gross negligence or intentional misconduct of the Grantee, or the City, or their respective Agents and Assigns.

The Landowner’s indemnification of the City shall extend to ensure that the City shall not incur any liability for the actions or inactions addressed herein.

16. Monitoring.
(a) The Grantee shall manage its responsibilities as holder of this Easement in order to uphold the Purpose of this Easement. The Grantee’s responsibilities include, but are not limited to, annual monitoring, such additional monitoring as circumstances may require, record keeping, and enforcement of this Easement, for the purpose of 212

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08.08.24 preserving the Property’s agricultural productive capacity and open space character in perpetuity. Failure of the Grantee to carry out these responsibilities shall not impair the validity of this Easement or limit its enforceability in any way. With reasonable advance notice (except in the event of an emergency circumstance or prevention of a threatened breach), Grantee shall have the right to enter upon, inspect, observe, monitor and evaluate the Property to identify the current condition of, and uses and practices on the Property and to determine whether the condition, uses and practices are consistent with this Easement.
(b) Grantee shall indemnify, defend with counsel of Landowner’s choice, and hold Landowner harmless from, all expense, loss, liability, damages and claims, including Landowner’s attorneys’ fees, if necessary, arising out of Grantee’s entry on the Property, unless caused by a violation of this Easement by Landowner or by Landowner’s negligence or willful misconduct.
(c) The Grantee shall report to the City on or before February 1 of each year after the annual monitoring visit, describing method of monitoring, condition of the Property, stating whether any violations were found during the period, describing any corrective actions taken, the resolution of any violation, any requested or approved actions made in accordance with Section 4, and any transfer of interest in the Property. Failure of the Grantee to carry out these responsibilities shall not impair the validity of this Easement or limit its enforceability in any way.

17. Enforcement.
(a) The Grantee may take all actions, including legal actions, that it deems necessary to ensure compliance with the terms, conditions, covenants, and purposes of this Easement. The Grantee shall have the right to prevent and correct violations of the terms, conditions, covenants, and purposes of this Easement. If the Grantee finds what it believes is a violation or potential violation, it may at its discretion take appropriate legal action to ensure compliance with the terms, conditions, covenants, and purposes of this Easement and shall have the right to correct violations and prevent the threat of violations. Except when an ongoing or imminent violation could irreversibly diminish or impair the agricultural productive capacity and open space character of the Property, the Grantee shall give the Landowner written notice of the violation or potential violation, and thirty (30) days to correct it, before filing any legal action. (b) If a court with jurisdiction determines that a violation may exist, has occurred, or is about to occur, the Grantee may obtain an injunction, specific performance, or any other appropriate equitable or legal remedy, including (i) money damages, including damages for the loss of the agricultural conservation values protected by this Easement, (ii) restoration of the Property to its condition existing prior to such violation, and (iii) an award for all of the Grantee’s expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney’s fees. The failure of the 213

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08.08.24 Grantee to discover a violation or potential violation, or to take immediate legal action to prevent or correct a violation or potential violation known to the Grantee, shall not bar the Grantee from taking subsequent legal action. The Grantee’s remedies under this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.
(c) Without limiting the Landowner’s liability, the Grantee shall apply damages recovered to the cost of undertaking any corrective action on the Property. Should the restoration of lost values be impossible or impractical for whatever reason, the Grantee shall apply any and all damages recovered to furthering the Purpose of this Easement. (d) In the event the Grantee fails to enforce any term, condition, covenant or purpose of this Easement, as determined by the City, then the City, or their successors and assigns, shall have the right to enforce the Easement after giving notice to the Grantee and the Landowner and providing a reasonable opportunity under the circumstances for the Grantee to enforce any term, condition, covenant, or purpose of the Easement. In the event that the City have reasonable cause to suspect that the Grantee has failed to enforce any of the terms, conditions, covenants, or purposes of the Easement, the City and their successors and assigns shall be entitled to exercise the same right to enter the Property granted to the Grantee, including right of immediate entry in the event of an emergency or suspected emergency where the City or their successor or assign has reasonable cause to determine that immediate entry is required to prevent, terminate or mitigate a violation of this Easement.
(e) Failure or refusal to exercise any rights under the terms of this Easement by the Grantee or the City in the event of a violation by the Landowner of any term herein shall not constitute a waiver or forfeiture of the Grantee’s or the City right to enforce any term, condition, covenant, or purpose of this Easement.

18. Transfer of Easement.
(a) This Easement may only be assigned or transferred to an entity authorized to hold such Easement as specified under Section 10211 of the Public Resources Code and has similar purposes to preserve, is capable of managing the Easement, and protecting the mitigation of the impacts to agricultural lands and open space. Such an assignment or transfer may proceed only if the organization or agency expressly agrees to assume the responsibility imposed on the Grantee by the terms of this Easement and is expressly willing and able to hold this Easement for the Purpose for which it was created. All assignment and assumption agreements transferring the Easement shall be recorded in Tulare County within thirty (30) days.
(b) If the Grantee should desire to assign or transfer this Easement, the Grantee must obtain written permission from the Landowner and the City, which permission shall not be unreasonably withheld.
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08.08.24 (c) If the Grantee or its successors ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, the City, in consultation with the Landowner, shall identify and select an appropriate private or public entity to whom this Easement shall be transferred.

19. Perpetual Duration and No Merger of Title.
(a) Pursuant to California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements, and California Government Code Section 65966 (a) that requires conservation easements to be perpetual when created to satisfy a local or state mitigation requirement; this Easement shall run with the land in perpetuity. Every provision of this Easement that applies to the Landowner or the Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear.
(b) No merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to the Grantee, or its successors or assigns. It is the express intent of the parties that this Easement not be extinguished by, merged into, modified, or otherwise deemed affected by any other interest or estate in the Property now or hereafter held by the Grantee or its successors or assigns.

20. Transfer of Property Interest.
(a) Any time the Property itself, or any interest in it, is transferred by the Landowner to any third party, the Landowner shall notify the Grantee and the City in writing at least thirty (30) days prior to the transfer of the Property or interest, and the document of conveyance shall expressly incorporate by reference this Easement. Any document conveying a lease of the Property shall expressly incorporate by reference this Easement. Failure of the Landowner to do so shall not impair the validity of this Easement or limit its enforceability in any way.
(b) Prior to any sale, lease, license or other transfer of any interest in the Property, the Landowner shall inform the prospective transferee of this Easement and its terms and provide them with a copy of this Easement. Any such subsequent owners, lessees, licensees, or transferees shall succeed to and be bound by the terms of the Easement.

21. Amendment of Easement.
(a) This Easement may be amended only with the written consent of the Landowner, the Grantee, and the City. Any such amendment shall be consistent with the Purpose of this Easement and with the Grantee’s easement amendment policies, and shall comply with all applicable laws, including Section 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section, and with Section 815 et seq. of the California Civil Code, and the California Farmland Conservancy Program Act 215

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08.08.24 as codified in Section 10200 et seq. of the California Public Resources Code, and any regulations promulgated thereunder. No amendment shall diminish or affect the perpetual duration or the Purpose of this Easement, nor the status or rights of the Grantee under the terms of this Easement.
(b) This Easement and any amendment to it shall be recorded in Tulare County. A copy of the recorded amendment shall be provided to the City within thirty (30) days of recordation.

22. Termination of Easement and Eminent Domain.
(a) Termination.
(i) It is the intention of the parties that the Conservation Purpose of this Easement shall be carried out forever as provided in the Section 10211 of the California Public Resources Code, Section 815 et seq. of the California Civil Code and California Government Code Section 65966 (a). Pursuant to California Government Code Section 65966 (a), this Easement is established to satisfy a local or state mitigation requirement, and cannot be terminated pursuant to the administrative termination provision defined in Public Resources Code sections 10270 et seq.

Accordingly, Landowner expressly waives on behalf of Landowner and Landowner’s successors and assigns all rights to terminate or extinguish this Easement, or request that this Easement be terminated or extinguished pursuant to the administrative termination provisions set forth in sections 10270 et. seq. of the Public Resources Code.
(ii) If circumstances arise in the future that render all of the Purposes of this Easement impossible to accomplish, this Easement may be terminated or extinguished, whether in whole or in part, on the initiative of the Grantee or the Landowner, but only by judicial proceedings in a court of competent jurisdiction. The Grantee shall give notice to the City of any prospective termination or extinguishment of this Easement not less than 60 business days before initiating such proceedings. The City may intervene in any such judicial proceedings to protect or retain this Easement.
(iii)No inaction or silence by the Grantee shall be construed as abandonment of the Easement. The fact that the Property is not in agricultural use, or that agricultural use is no longer possible, is not reason for termination or extinguishment of this Easement so long as any of the Purposes of this Easement remains possible to accomplish. Other than pursuant to eminent domain or an involuntary acquisition for a necessary public use by public agency, corporation, or other entity or individual with the power of eminent domain (Acquiring Entity), no other voluntary or involuntary sale, exchange, conversion, transfer, assignment, lease, mortgage or other encumbrance, alienation or conveyance of any kind of all or part of the 216

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08.08.24 Property, or of any interest in it, shall limit or terminate or extinguish the provisions of this Easement.
(iv)Should all or part of the Property or any interest in it be proposed for acquisition for a necessary public use by an Acquiring Entity, the Landowner and the Grantee shall join in appropriate actions to recover the full value of the proposed acquisition and all incidental or direct damages resulting from the proposed acquisition as well as all other payments to which they may be entitled by law (Compensation). The Acquiring Entity shall pay Compensation directly to the Landowner and the Grantee. The Compensation of such proceeding of the Landowner and the Grantee shall be divided in accordance with the proportionate values of the Landowner's and the Grantee's interests as specified in this Section 22(b), unless otherwise provided by applicable law.
(v) If the Landowner receives notice, formal or informal, that any Acquiring Entity intends to exercise its power of eminent domain as to the Property or any portion thereof or any interest therein, Landowner shall promptly, and in any event in not less than fifteen (15) business days after receipt of such notice, give written notice to the Grantee and the City of such receipt together with a copy of any and all communications related to such prospective eminent domain proceedings. The Landowner shall thereafter promptly provide to the Grantee and the City copies of all further communications related to such proceedings and cooperate with the Grantee and the City in responding to such proceedings. (vi)Acquisition of the Easement through the power of eminent domain is subject to the requirements of Section 10261 of the California Public Resources Code, the eminent domain laws of the State of California, including Section 1240.510 or Section 1240.610 of the Code of Civil Procedure, federal law, and this Easement.

The Property may not be taken by eminent domain or in lieu of eminent domain if the planned use is more than seven (7) years in the future (California Code of Civil Procedure section 1240.220). Purchase in lieu of condemnation, or settlement of an eminent domain proceeding, shall occur pursuant to applicable laws and procedures, including but not limited to California Government Code sections 7267.1 and 7267.2, and shall require approval of the Grantee, the City. The Grantee and the City shall have an opportunity to accompany the appraiser for the Acquiring Entity when the appraiser goes on the Property with Landowner. (vii) Should this Easement be condemned or otherwise terminated on any portion of the Property, the balance of the Property shall remain subject to this Easement and reimbursement shall be pro-rated. In this event, all relevant related documents shall be updated and re-recorded by the Grantee to reflect the modified easement area.

Encumbrances junior to this Easement shall remain subordinate to the Easement as amended.
(b) Compensation.
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08.08.24 (i) The grant of this Easement gives rise to a property right immediately vested in Grantee.
(ii) Compensation of the Grantee shall proceed as follows: The value of the Easement terminated or extinguished shall be determined in accordance with this Section 22(b), and the Grantee shall receive from the Landowner the entire value of the Easement to the extent terminated or extinguished. Until such compensation is paid to the Grantee in full, the amount of that compensation shall be a first priority lien on the Property with the same seniority as this Easement. This Easement shall not be deemed terminated or extinguished until such payment is received by the Grantee.
(iii) The parties stipulate and agree that except as otherwise required by state law, the fair market value of the Easement (the “Easement Value”) shall be equal to: (1) the fair market value of the Property, unencumbered by the Easement (the “Property Value”), less (2) the fair market value of the Property as encumbered by the Easement each as determined on or about the date of the termination. (iv) The Grantee is entitled to its full share of proceeds as calculated herein regardless of any amount owing to a lienholder, lender or other creditor of Landowner. (v) The fair market valuation shall be determined by an appraisal performed by a qualified appraiser jointly selected by the Landowner, the Grantee and the City.

Appraisals shall conform to the Uniform Standards of Professional Appraisal Practices.
(vi) If the Landowner has initiated termination of the Easement through a judicial proceeding, the Landowner shall pay the cost of the appraisal, and the appraisal is subject to approval by the City. Nothing herein shall prevent the Landowner, the Grantee, or the City from having an appraisal prepared at its own expense. (vii) If the Grantee obtains payment on a claim under a title insurance policy insuring this Easement, payment shall be distributed as set forth this Section 22(b).

23. Interpretation.
(a) This Easement shall be interpreted under the laws of the State of California, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes.
(b) References to specific authorities in this Easement shall be to the statute, rule, regulation, ordinance, or other legal provision that is in effect at the time this Easement becomes effective.
(c) No provision of this Easement shall constitute governmental approval of any improvements, construction or other activities that may be permitted under this Easement.
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08.08.24 24. Notices.

Any notices to the Landowner and the Grantee required by this Easementshall be in writing and shall be personally delivered or sent by First-Class Mail to the following addresses, unless a party has been notified by the other of a change of address:

To the Landowner:

Cal Diamond Storage, Inc.
2800 Road 136
Delano, CA 93215
To the Grantee:

Great Valley Land Trust
525 W. Main St. Ste 8
Visalia, CA 93291
Any notices required by this Easement to be sent to the City shall be in writing and shall be personally delivered or sent by First-Class Mail, at the following address, unless a party has been notified by the City, or either one of them, of a change of address:

To the City :

City of Visalia Community Development Dept.
315 E. Acequia Avenue
Visalia, CA 93291

25. The Landowner’s Environmental Warranty.
(a) Nothing in this Easement shall be construed as giving rise to any right or ability in the Grantee or the City to exercise physical or management control over the day-to-day operations of the Property, or any of the Landowner's activities on the Property, or otherwise to become an "owner" or "operator" with respect to the Property as those words are defined and used in environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as amended or any corresponding state and local statute or ordinance. (b) The Landowner warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property other than the use of Hazardous Materials in Landowner’s farming operations in compliance with Environmental Laws. Moreover, the Landowner hereby promises to defend and indemnify the Grantee and the City against all litigation, claims, demands, penalties and damages, including reasonable attorneys’ fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws. 219

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08.08.24 The Landowner’s indemnification obligation shall not be affected by any authorizations provided by the Grantee to the Landowner with respect to the Property or any restoration activities carried out by the Grantee at the Property; provided, however, that the Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by the Grantee.
(c) “Hazardous Materials” means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment or any other material defined and regulated by Environmental Laws.
(d) The Landowner warrants that it shall remain in compliance with all applicable Environmental Laws. The Landowner warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property.
(e) “Environmental Law” or “Environmental Laws” means any and all federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, Hazardous Materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. (f) If at any time after the effective date of this Easement there occurs a release, discharge or other incident in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, the Landowner agrees to take any steps that are required of the Landowner with respect thereto under federal, state, or local law necessary to ensure its containment and remediation, including any cleanup.

26. The Landowner’s Title Warranty; No Prior Conservation Easements.

The Landowner represents and warrants that it owns the entire fee simple interest in the Property, including the entire mineral estate except as otherwise expressly identified in this Easement, and hereby promises to defend this Easement against all claims that may be made against it.
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08.08.24 Any and all financial liens or financial encumbrances with priority over this Easement existing as of the date of the recording of this Easement have been subordinated.

The Landowner represents and warrants that the Property is not subject to any other conservation easement whatsoever.

27. Granting Subsequent Easements, Interests in Land, or Use Restrictions. (a) With permission of the Grantee pursuant to Section 4, the Landowner may grant subsequent easements, including conservation easements, interests in land, or use restrictions on the Property. Under no circumstances shall the Grantee approve the granting of subsequent easements, interests in land, or use restrictions that might diminish or impair the agricultural productive capacity or open space character of the Property.
(b) The Grantee’s written approval shall be obtained at least thirty (30) days in advance of the Landowner’s execution of any proposed subsequent easement, interests in land, or use restriction on the Property, and such subsequent easements, interests in land, and use restrictions shall make reference to and be subordinate to this Easement. (c) The Grantee shall notify the City immediately upon receipt of request by the Landowner to grant a subsequent easement, interest in land, or use restriction on the Property, and provide copies of documents associated with such a request to the City. (d) The Grantee shall notify the City in the event that it approves the grant of any subsequent easement, interest in land, or use restriction on the Property.

28. Administrative Costs.

The administration of this Easement by Grantee requires considerable time and expense.

Grantee shall bear all routine administrative expenses related to the Easement including, but not limited to the following activities: routine easement monitoring and reporting, and notices of permitted activities, and routine staff work. Landowner agrees to pay the reasonable expenses of Grantee for non-routine administration of the Easement including, but not limited to actions requiring Grantee's prior approval, enforcement of Easement violations and any requests of Landowner that entail or require an amendment to this Easement.

29. Severability.

If any term, provision, covenant, condition, or restriction of this Easement is held by a court of competent jurisdiction to be unlawful, invalid, void, unenforceable, or not effective the remainder of this Easement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
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08.08.24 30. Entire Agreement.

This Easement, including the attached exhibits and the Baseline Report, is the final and complete expression of the agreement between the parties with respect to the subject matter contained herein. Any and all prior or contemporaneous agreements with respect to this subject matter, written or oral, are merged into and superseded by this written instrument.

The exhibits attached to and included in this Easement are:

Exhibit A - Legal Description
Exhibit B - Map

31. Acceptance.

As attested by the signature of its Board President affixed hereto, as authorized by Grantee’s Board of Directors/Trustees, in exchange for consideration, the Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed of Agricultural Conservation Easement.

To Have and To Hold, this Deed of Agricultural Conservation Easement unto the Grantee, its successors and assigns, forever.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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08.08.24 In Witness Whereof, the Landowner and the Grantee, intending to legally bind themselves, have set their hands on the date first written above.

LANDOWNER
Cal Diamond Cold Storage, Inc a corporation
By: ________________________________
Name: Byron A. Campbell
Title: President

GRANTEE
Great Valley Land Trust,
a California nonprofit public benefit corporation
By: ________________________________
Name: Barry Lindner
Title: Board President
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08.08.24 ACKNOWLEDGMENT
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.

State of California )
County of _______________ ) ss.

On ________________ before me,_____________________________, a Notary Public, personally appeared ____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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.

WITNESS my hand and official seal.

Signature _____________________________
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08.08.24 ACKNOWLEDGEMENT
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.

State of California )
County of _______________ ) ss.

On _________________ before me,____________________________, a Notary Public, personally appeared ______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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.

WITNESS my hand and official seal.

Signature _____________________________
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08.08.24 Exhibit A
(Property)
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Cal Diamond Storage-Pearl Woods

08.08.24 Exhibit B
(Map)
227
Approx. ±40 miles
southeast of Visalia
(near community of
Earlimart)
228
Location of Agricultural
easement (southeast of
Earlimart)
229
Location of Agricultural
easement (southeast of
Earlimart)
230
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0364 Agenda Date: 9/16/2024 Agenda #: 9.

Agenda Item Wording:

Biosolids Hauling and Disposal - Approve Contract Change Order No. 1with WTB Inc. in the amount of $105,256.00 and appropriate an additional $225,000.00 to cover the additional costs of hauling and disposing of the 2023 biosolids stockpile at the Visalia Water Reclamation Facility (WRF).

Deadline for Action: 9/16/2024
Submitting Department: Public Works
Contact Name and Phone Number: Ben Litwack, (559)713-4671, [email protected] Department Recommendation: Staff recommends that Council approve Change Order No. 1 with WTB Inc. under Purchase Order #3568 in the amount of $105,256.00, and also approve the additional appropriation of $225,000.000 from the Waste Water Operations Enterprise Fund (431 Fund) to cover the additional costs of hauling and disposing of the 2023 biosolids stockpile at the Visalia WRF.

Background Discussion:

The Visalia Water Reclamation Facility (WRF) has generated the largest biosolids stockpile in the history of the plant during the 2023 operational year. The total stockpile for 2023 has reached unprecedented levels, with an estimated 9,400 tons of biosolids requiring transportation and disposal.

The City’s current Waste Discharge Permit mandates the removal and disposal of the entire 2023 biosolids stockpile by the end of this calendar year. After an analysis of historical data, staff has determined the following factors, which have all contributed to the increase in the amount of biosolids.

1. Increased Industrial Loadings: Our largest industrial users have increased their flows and loadings over the past few years. When combined, these users contribute 25% of the total flow entering the WRF. The average solids concentration of this flow is anywhere from 50%-150% higher than a typical residential flow and the peaking factors on some days can exceed 800%- 900%. Staff has had difficulty in quantifying the exact contribution since our monitoring programs are set up to calculate billing and confirm compliance with discharge permits based on averages of 24-hour composite samples as is best practice, not to calculate the exact amount of solids being discharged on a daily basis. At least one of these industries is in the process of installing a treatment system and another is in the process of determining the feasibility of a similar measure. Staff believes that these measures have the potential to significantly mitigate the amount of solids entering the WRF in the future.

2. Repairs on Digester 4: In mid-2022, the WRF had to temporarily decommission Digester 4 to allow for repairs and rehabilitation. The loss of this digester at the same time that solids Visalia City Council Page 1 of 3 Printed on 9/13/2024
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File #: 24-0364 Agenda Date: 9/16/2024 Agenda #: 9.
loadings were increasing, leveed an increased level of strain on the remaining digesters.

Higher biosolids flows being distributed amongst fewer digesters led to the inefficient processing of solids, which would have had an impact on the amount of biosolids ultimately being dewatered and stockpiled. Digester 4 has since been repaired and recommissioned and solids processing levels and process efficiency are back to normal levels.

3. Overall Operational Inefficiency: The increase in volume and change in constituent quality of the incoming flow to the WRF since the last plant upgrade in 2018 have added strain on all downstream processes. This additional strain could potentially be reducing the amount of solids destruction that would otherwise happen when the facilities operate under optimal conditions. This issue is being addressed in our Near-Term Solids Handling Improvement projects, which are currently under design and scheduled to be completely implemented by 2028.

The City currently has a purchase order with WTB Inc. for the transport of biosolids to the Tulare County Landfill. The estimated balance remaining under that purchase order is $1,744.00. WTB bills the City at a rate of $160/hr for the transportation of the biosolids. Staff estimates that an additional $107,000.00 will be an adequate amount to transport the remaining 2023 biosolids pile, so the Purchase Order # 3568 will need to be increased by an additional $105,256.00. This request was reviewed by the City’s Change Order Committee on August 28, 2024, and is recommended for approval.

Additionally, disposal efforts are constrained by the limitations imposed by the Tulare County Landfill, which permits a maximum of 300 tons of biosolids to be disposed of per day, also limited to three days per week. Despite ongoing efforts to maximize disposal operations, only 3,133 tons of biosolids have been removed to date, leaving an estimated 6,300 tons still requiring transportation and disposal. Staff is confident that with this change order approval, the disposal can be completed within the required time period.

The Tulare County Landfill has also recently imposed an additional $10.00 per ton “special handling fee” for the processing of biosolids, increasing overall per ton disposal fee by 83% over last year’s rate. Our increased biosolids production and this increased per-ton fee have led to a dramatic increase in the cost of disposal. Due to the rapidly changing regulatory environment, the Tulare County Landfill has refused to formalize a contractual agreement with the City. As a result, the City has been paying for biosolids disposal on a ticket-by-ticket basis at a rate of $22.00 per ton. Staff estimates that an additional $150,000.00 will be adequate to dispose of the remaining 2023 biosolids pile.

The budget for hauling and disposal of biosolids for Fiscal Year 2024 is $150,000, of which an estimated $66,973.96 has been spent at the Landfill and $48,592.00 has been spent on hauling, leaving $34,434.04 remaining. An additional appropriation of $225,000.00 would be adequate to remove and dispose of the remaining 2023 biosolids stockpile and potentially cover any minor contingencies that may arise. It is important to note that the industrial users who have been contributing a significant portion of the solids loadings responsible for the current situation, have been paying for these increased quantities as well as penalties on a monthly basis for their permit exceedances. Therefore, the City has generated additional revenue to account for this increase in operation expenditures.

Visalia City Council Page 2 of 3 Printed on 9/13/2024
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File #: 24-0364 Agenda Date: 9/16/2024 Agenda #: 9.

Fiscal Impact:

1. An additional $225,000.00 will need to be appropriated from the 431 Fund and transferred to 4336-55700.

2. $105,256.00 will need to be added to P0 #3568 with WTB Inc.

Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

Approve Change Order No. 1 with WTB Inc. under Purchase Order #3568 in the amount of $105,256.00 and appropriate an additional $225,000.00 from the 431 Fund to 4336-55700.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: CO#1 - P03568.pdf
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0365 Agenda Date: 9/16/2024 Agenda #: 10.

Agenda Item Wording:

Developer Reimbursement Agreement for Sewer Trunk Line - Authorize the City Manager to execute the Reimbursement agreement with CRP LDF Central Point III, LLC (CapRock III), located at 4001 N. Plaza Dr. for the installation of a 30” Sanitary Sewer Trunk main on American St from Riggin Avenue extending north three-quarters of a mile to the project limits.

Deadline for Action: 9/16/2024
Submitting Department: Community Development
Contact Name and Phone Number: Edelma Gonzalez,
Associate Engineer - (559)713-4364, [email protected] < mailto:[email protected]> Chris Crawford, City Engineer - (559) 713-4331, [email protected] <mailto:[email protected]> Jason Huckleberry, Director of Eng & Bldg. - (559)713-4495, [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends authorizing the City Manager to execute the reimbursement agreement in the amount of $1,728,189.10 for a 30-inch diameter sanitary sewer trunk line extension constructed along future American Street (Road 76), from Riggin Ave to northerly project property line located at 4001 N. Plaza Drive (approximately three-quarters of a mile) in conjunction with the commercial development under Building Permit No. B231217.

Background Discussion:

The Central Point III is a 1,270,750-square feet warehouse project being developed by CRP LDF Central Point III, LLC (CapRock III)., and is located at the northwest corner of Riverway Avenue and Plaza Drive. Per the conditions of approval under Site Plan Review 22-178, the project was required to install a 30-inch master planned sewer trunk line in American Street in accordance with the Sewer Master Plan update. The sanitary sewer trunk line was required to be extended from Riggin Avenue north to project limits. Reimbursement of the sewer trunk would also fall under the city sewer master plan program, with reimbursement of the sewer trunk line installation and oversized costs allowed under the provisions of Title 13 of the Visalia Municipal Code (VVMC).

The City Engineering Design Division had prepared for this main extension by creating a Capital Improvement Project (CIP) for American Street trunk extension under Capital Project No. 0566 (CP0566). CP0566 consists of 5,200 feet of 30-inch diameter pipeline in American Street (Road 76).

The project extends from Riggin Avenue to Avenue 320 and will serve the industrial zoned area of the City. The CIP was intended to serve emerging industrial development between Riggin Avenue and Avenue 320; areas within the Industrial Land Use Zone and Tiers 1 and 3 Urban Development Boundary Areas.

Visalia City Council Page 1 of 2 Printed on 9/13/2024
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File #: 24-0365 Agenda Date: 9/16/2024 Agenda #: 10.

The reimbursement total for this project is $1,728,189.10 for the sewer trunk line work beyond the typical developer responsibilities. Cash reimbursement will be due once the improvements have been accepted by the City and Building Permit No.: B231217 is final. The reimbursement will be funded through the identified CIP (funded by Fund 231 Wastewater Trunkline), CP0566 has a budget of $3,835,000.

After reimbursement is made, the City CIP project will have a balance of $2,106,810.90 to complete the remaining quarter mile of sewer trunk line. The 30-inch diameter pipe in American Street installed by developer encompasses 75% of CP0566 and only utilized approximately 45% of the available budget.

The City’s Development Reimbursement Committee (DRRC) has reviewed and recommended approval of the estimated reimbursement associated with the CRP LDF Central Point III, LLC (CapRock III) project in a meeting held on August 8, 2024. Therefore, staff recommends the City Council authorize the City Manager to execute the agreement.

Fiscal Impact:

Cash reimbursement of $1,728,189.10 from the American Street Trunk Extension Fund CIP No. 0566 (231 Wastewater Trunkline fund)
Prior Council Action: None
Other: On August 8, 2024, the Development Reimbursement Review Committee (DRRC) reviewed and recommended for approval the reimbursement associated with CRP LDF Central Point III, LLC (CapRock III) project.

Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute the reimbursement for the 30-inch diameter sewer trunk line extension associated with CRP LDF Central Point III, LLC (CapRock III) project.

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

1. Aerial Exhibit

2. Reimbursement Agreement
Visalia City Council Page 2 of 2 Printed on 9/13/2024
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Aerial Map
! N Plaza Dr
W Kibler Ave
Ave 312 W Riggin Ave
W Riverway Ave
N American St
N Plaza Dr
30" SANITARY SEWER TRUNK
0 215 430 860 1,290 1,720 ¯
Feet
Subject Property
APPROXIMATELY 4,000 LF OF 30" SS TRUNK LINE
240
City of Visalia & Developer
Reimbursement Agreement PAGE 1

CITY OF VISALIA

REIMBURSEMENT AGREEMENT

FOR PRIVATELY CONSTRUCTED PUBLIC FACILITIES INCLUDED IN THE CITY’S IMPACT FEE PROGRAMS
This Agreement, dated as of the _____ day of _________________, 2024, is entered into by and between the City of Visalia, a municipal corporation (the “City”), and CRP LDF Central Point III CA, LLC. (the “Developer”).

RECITALS:

WHEREAS, Chapter 13.08 of the City of Visalia Municipal Code establishes development fees and special funds as part of the City’s Sewer Service System Fee Program (the “Sewer Fee Program”); and
WHEREAS, Section 13.08.180 of the City of Visalia Municipal Code authorizes the City to oversize any sewer main as determined by the City Engineer, and in conformance with the City’s Sanitary Sewer Master Plan, and shall reimburse for the additional oversizing construction costs upon application of property developers; and
WHEREAS, City and Developer, as a condition for approval of Site Plan Review No. 22- 178 (CENTRAL POINT III) and associated TPM No. 2023-02, pertaining to real property identified therein (the property and entitlements so described hereafter referred to as the Project”) have entered into a Project Improvements Agreement that sets forth Developer’s obligations regarding the construction of planned facilities and public improvements, according to improvement plans titled CENTRAL POINT III – OFFSITE PLANS (Building Permit No.

B231217) and approved by the City (hereafter collectively referred to as the “Facilities”); and WHEREAS, City and Developer desire to set forth their mutual understandings regarding the manner in which the City shall reimburse Developer for the Facilities that are under the requirements stated in the Sewer Fee Program, which City has required to be installed as conditions of approval for Developer’s private development project and City maintains no proprietary interest in the overall project except for these specified public improvements.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and the Developer hereby agree as follows:

Section 1. Construction of Facilities
Developer shall complete construction of the Facilities in accordance with the terms of the Project conditions of approval under Site Plan Review No. 22-178 and approved off-site improvement plans.

Section 2. Reimbursement Amounts
The City shall reimburse, through fee credits or cash payments as provided herein, the Developer for the planned Facilities based on the schedule of costs and land values contained in Exhibit 1, attached hereto, which lists the Programmed Costs, or the items that the City will reimburse the Developer for and lists the applicable unit costs and values. 241
City of Visalia & Developer
Reimbursement Agreement PAGE 2
If any items are not listed in the schedule of costs then the City and Developer must agree to an acceptable unit cost prior to this Agreement being signed. Changes or variations in the Programmed Costs may be requested by the Developer pursuant to Section 3 of this Agreement.

Section 3. Adjustment to Programmed Costs
The Developer may request the City to adjust the Programmed Costs. In order to request an adjustment to the Programmed Costs, the Developer must provide the following:
(1) Copies of the original contract with the contractor and any change orders that have been agreed to by the Developer, contractor, and the City. The portion of each change order associated with the Facilities must be itemized separately; (2) Copies of all invoices, with unconditional lien releases, submitted by the contractor; (3) Copies of all checks issued by the Developer with related invoices indicated; and (4) A summary tabulation of all contractor invoices and Developer payments.

If, when the final reconciliation of construction costs for the improvements to be reimbursed is conducted by the City, the actual construction costs for any of the Facilities so reimbursed exceeds the Programmed Costs for such Facilities, the City Engineer shall review the items described above and determine if the Programmed Costs that will be credited/reimbursed to the Developer should be increased above the amount shown in Exhibit 1 to fairly reflect change orders or other changed circumstances. The City Engineer shall determine in his/her reasonable discretion how much of the actual construction costs should be included in an increase to the Programmed Costs, and if acceptable, the parties shall execute an amendment to this Agreement setting forth the adjusted Programmed Cost. The City Engineer is not required to conduct any such review unless Developer has provided full documentation of all actual construction costs as described above and provided any additional documentation requested by the City Engineer.

Section 4. Right to Reimbursement
Developer shall be reimbursed the final amount of the Programmed Cost in the manner as set forth in Section 5 below. Reimbursements payments by the City will not be made until all of the following requirements are met:
(1) All Facilities are completed and formally accepted by the City as shown by the issuance of a Notice of Completion by the City; and
(2) A reimbursement request is submitted to the City. The Developer must apply for reimbursement within four (4) years after the City has accepted the Facilities. The Developer waives all right to reimbursement from the City if they do not request reimbursement within this four-year limitation; and
(3) Thirty (30) days have passed since the City accepted the facilities and no claims of nonpayment have been filed with the city. If such claims have been filed, then the City will not reimburse the Developer until the claims are resolved.

Section 5. Reimbursement Method
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City of Visalia & Developer
Reimbursement Agreement PAGE 3
Upon issuance of a Notice of Completion for the Facilities, Developer shall be reimbursed the Programmed Costs in the following manner(s):

5.1 Cash Reimbursement from Development Fees Collected City Wide. City shall pay $1,728,189.10 of the Programmed Costs, in the manner identified in Exhibit 1, within 30- days depending upon available funds of the date of completion and acceptance of the project. The City shall establish respective priorities to payments from such fund by reference to the date of issuance of a Notice of Completion. The City will reimburse the Programmed Costs to the Developer without interest.

Section 6. Transfer of Reimbursement Rights
Rights to cash payment reimbursements or fee credits granted to Developer pursuant to this Agreement may be transferred to other owners, builders, or developers only with the written consent of City, which shall not be unreasonably withheld. The written consent confirming the assignment of reimbursement rights must be signed by the Developer and the City, and an executed copy of the form shall be kept on file at the City.

Section 7. Limited City Obligation
The obligations arising from this Agreement are neither a debt of the City nor a legal or equitable pledge, charge, lien, or encumbrance upon any of its property or upon any of its income, receipts, or revenues, except the fees collected for the Facilities. Neither the General Fund nor any other fund of the City, except the applicable fund(s) associated with the Sewer Fee Program, shall be liable for the payment of any obligations arising from this Agreement. The credit or taxing power of the City is not pledged for the payment of any obligation arising from this Agreement. No Developer shall compel the forfeiture of any of the City’s property to satisfy any obligations arising from this Agreement.

Section 8. Liens, Claims, and Encumbrances
Prior to final acceptance and issuance of Notice of Completion for any Facilities by the City, the constructing Developer shall provide a written guarantee and assurance to the City that there are no liens, claims, or encumbrances on those Facilities, together with unconditional final releases from all contractors and material suppliers, and with copies of invoices and corresponding checks issued by the Developer for all items for which reimbursement is requested under this Agreement for the Facilities. Notwithstanding any other provision or term of this Agreement, the City shall have no obligation to make any reimbursement payments until the constructing Developer has cleared any and all liens, claims and encumbrances from the Improvements and provided the required documentation, guarantee and assurance in writing, to the satisfaction of the City.

Section 9. No Third Party Beneficiary
City does not assume any liability, duty or obligation to Developer’s contractors, subcontractors or agents by execution or performance of this Agreement and no contractors, subcontractors, agents or any parties are third party beneficiaries of this Agreement.

Section 10. Attorney’s Fee
If any suit, action or proceeding in law or equity is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to reasonable costs and attorneys’ fees. 243
City of Visalia & Developer
Reimbursement Agreement PAGE 4
Section 11. Notices
Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally (FedEx and similar services, each of which is hereinafter called an “Express Courier,” shall be considered to be personal service) or by telephone facsimile or other electronic transmission (provided that the sender of a telephone facsimile or other electronic transmission has received confirmation of successful transmission by the sending fax machine), and upon receipt, if mailed to the party to whom notice is to be given, by first-class mail, registered or certified, postage prepaid, return receipt requested, and properly addressed as follows:

City: With a copy to:

City of Visalia City of Visalia
Community Development Department Finance Department
315 E. Acequia Ave. 707 W. Acequia Ave.

Visalia, CA 93291 Visalia, CA 93291
Attn: City Engineer Attn: Finance Administrator
Developer:

CRP LDF CENTRAL POINT III CA, LLC, A DELAWARE LIMITED LIABILITY COMPANY Attn: Patrick Daniels
1300 Dove Street, Suite 200
Newport Beach, California 92660
Either party may change its mailing address at any time by giving written notice of such changes to the other party in the manner provided herein.

Section 12. Term
The term of this Agreement shall start on the day and year duly executed by all parties and shall remain in effect until all the terms and conditions contained in this Agreement have been satisfied.

Section 13. Severability
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement.

Section 14. Binding on Successors and Assigns
Each and every provision of this Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, in the same manner as if such parties had been expressly named herein.

Section 15. Governing Law; Venue
This Agreement is made under, and shall in all respects be interpreted, enforced, and governed by, the laws of the State of California. In the event of a dispute concerning the terms of this Agreement, the venue for any legal action shall be with the appropriate court in the County of Tulare, State of California.
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City of Visalia & Developer
Reimbursement Agreement PAGE 5
Section 16. Exhibits
The Exhibits attached hereto are hereby incorporated herein by this reference.

Section 17. Entire Agreement
This Agreement contains the entire agreement between the parties with respect to the matters contained herein and may be amended only by subsequent written agreement signed by all parties.

Section 18. Compliance with State Law.

Developer is aware of the requirements of California Labor Code Section 1720, et seq., 1770, et. seq., and California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements for work considered “public works” as that term is defined under Prevailing Wage Laws. Developer agrees that it shall comply with Prevailing Wage Laws and it is Developer’s sole responsibility to confirm whether Prevailing Wage Laws are applicable. City shall provide Developer with a copy of the prevailing rates of per diem wages in effect at the commencing of this Agreement upon request by the Developer. Developer agrees to hold the City harmless and to indemnify and defend the City, with legal counsel reasonably acceptable to City, from all claims arising from the potential application of Prevailing Wage Laws under this Agreement. 245
City of Visalia & Developer
Reimbursement Agreement PAGE 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and the year first written above.

CITY OF VISALIA, Developer: CRP LDF CENTRAL POINT III CA, LLC A municipal corporation
Leslie B. Caviglia Signature Date
City Manager/City Clerk Date
Print Name
ATTEST:

Title
Deputy City Clerk Date
APPROVED AS TO FORM:

City Attorney Date
246
EXHIBIT 1
City of Visalia & Developer
Reimbursement Agreement Page 7
247
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0366 Agenda Date: 9/16/2024 Agenda #: 11.

Agenda Item Wording:

Notice of Completion for Sequoia Bend Unit 2 - Request authorization to file a notice of completion for Sequoia Bend Unit 2 located on the south side of East Goshen Avenue between North Cain and North Virmargo Street containing 45 lots residential lots.

Deadline for Action: NA
Submitting Department: Community Development
Contact Name and Phone Number: Luqman Ragabi,
Associate Engineer, [email protected] <mailto:[email protected]>, (599) 713-4362 Jason Huckleberry, Director Engineering & Building Department, [email protected] < mailto:[email protected]>, (559) 713-4495
Department Recommendation:

Staff recommends that City Council authorize the filing of a Notice of Completion for Sequoia Bend Unit 2 subdivision.

Background Discussion:

All required improvements for the Sequoia Bend Unit 2 subdivision have been completed and are ready for acceptance by the City Engineer. Sequoia Bend Unit 2 subdivision was developed by San Joaquin Valley Homes and contains 45 single family residential lots.

The developer has submitted a maintenance bond in the amount of $162,210.08 as required by the Subdivision Map Act, to guarantee the improvements against defects for one year. Staff recommends that authorization be given to file the Notice of Completion.

The City Council authorized the recording of the final map for Sequoia Bend Unit 2 subdivision on October 16, 2023. All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time. As required by the subdivision ordinance, a maintenance bond valued at 10% of the cost of the public improvements has been submitted prior to recording of 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.

Fiscal Impact:

By authorizing this Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.

Visalia City Council Page 1 of 2 Printed on 9/13/2024
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File #: 24-0366 Agenda Date: 9/16/2024 Agenda #: 11.

Prior Council Action: On October 16, 2023, the City Council authorized the recordation of the final map for Sequoia Bend Unit 2 subdivision.

Other: On December 13, 2021, the Planning Commission approved Sequoia Bend Tentative Subdivision Map No. 5584.

On October 28, 2022, Landscape & Lighting District No. 22-06 was reviewed and approved as to form by the Landscape and Lighting Committee.

Alternatives: None
Recommended Motion (and Alternative Motions if expected):

I move to authorize the filing of a Notice of Completion for Sequoia Bend Unit 2 subdivision.

Environmental Assessment Status: Complete
CEQA Review: Negative Declaration No. 2021-41, adopted December 13, 2021 Attachments:

Aerial Map
Final Map
Development Disclosure
Visalia City Council Page 2 of 2 Printed on 9/13/2024
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Aerial Map
E Main St
E Goshen Ave
S Cain St N Cain St
Tracy
Omalley
Oak
Dunworth
School Kennedy
Janelli
Finni
Murray
SEQUOIA BEND UNIT 2
0 90 180 360 540 720
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Feet
Subject Property
Legend
City Limits
Parcels
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CITY OF VISALIA
Disclosure Development Project
INCOMPLETE OR LATE SUBMISSION OF DISCLOSURE STATEMENT COULD RESULT IN CONTINUANCE OR DELAY OF YOUR PROJECT.

Address or APN(S): PTN of APN 098-142-057-000 and PTN of 098—330-006-000 Short Title or Namé Ofpmposed project: Sequoia Bend Estates, Phase 2 (aka Maplewood, Phase 2) Summary description ofthe proposed project: SFD SUbdMSion PROPERTY OWNER(S):

If more than two owners, please provide information and signature(s) on a separate sheet.

Statement: I/We declare under penalty of perjury that I am/we are the legal owner(s) of the property involved in this application. I/We authorize the person named in this application as the Project Main Contact to act as my/our representative with City Staff regarding the processing of this applica' 09/03/24 A )4 é g g , _ r Date Pro ert wer ‘h Signature J e al, President Presidio JJR Maplewood 138, LLC
Print Name & Title
Date Propertyi’Owner Signature
Print Name & Title

THER INVOLVED PARTIE
Fill in all that apply.

It is planned that the property will be sold to None
(Write “none” ifproperty owner(s) do not plan to sell property.) Developer/B uilder
Mailing Address
Phone Fax
mrm In“, Page l iI._
t
O S:

Name (print) PreSldlO JJR MaPIEWOOd 138, LLC Name (prim) Mailing Address 5607 Avenida de L08 RObleS’ Mailing Address Visalia, CA 93291 Phone 559‘732‘2660 Phone
253
List the names of all principals, partners, and/0r trustees where any property owner and/or developer/builder are a partnership or trust. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:

None
NOTICE: If the above information regarding ownership and interest in this property changes before the project goes before City Council or Flaming Commission, it is the responsibility of such parties to notify the City of Visalia of this change(s).

Page i of ‘-
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
254
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0369 Agenda Date: 9/16/2024 Agenda #: 12.

Agenda Item Wording:

Award Contract With Jaxon Enterprises for Asphalt - Authorize the City Manager to award a oneyear contract with Jaxon Enterprises by attaching to the County of Tulare Contracts No. 1954, 1956, and 1958 for road materials for a total amount not to exceed $400,000.

Deadline for Action: 9/16/2024
Submitting Department: Public Works
Contact Name and Phone Number: Danny Galindo, Public Works Manager, [email protected] <mailto:[email protected]> , 713-4186; Nick Bartsch, Public Works Director, [email protected] <mailto:[email protected]> , 713-4052 Department Recommendation:

Staff recommends that City Council authorize the City Manager to award a one-year contract with Jaxon Enterprises (dba Deer Creek Asphalt) by attaching to the County of Tulare Contract No. 1954 for ½” Cold-Mix, Contract No. 1956 for ½” Hot-Mix Asphalt Concrete, and Contract No. 1958 for 3/8” Cold-Mix for a total amount not to exceed $400,000.

Background Discussion:

Within the City’s 39-square mile jurisdiction, the Street Maintenance division maintains approximately 525 miles of streets. Maintaining the streets is done with several different procedures, including, but not limited to, thin skin patches, minor overlays, dig outs, and pothole patching. These procedures all utilize either hot or cold mix asphalt material.

As a government entity, the City of Visalia has the ability to attach to various contracts that have previously competitively bid and pre-negotiated contract pricing. In April of 2024, the County of Tulare solicited bids for 3/8” and ½” Cold Mix and ½” Hot Asphalt Concrete. In April 2024, the County of Tulare awarded their FY24/25 asphalt contracts to Jaxon Enterprises (dba Deer Creek Asphalt.) These contracts contain specific language stating that piggybacking is allowed, the material specifications are as per CalTrans specifications. The Deer Creek Asphalt plant located southeast of Porterville is within the mileage parameters set in the previous contract.

Fiscal Impact:

Funding for the contracts are available in the various Street Maintenance Capital Improvement Projects budgeted in the Gas Tax (111) as follows:
· CP9520 Annual Thin Skin Patching
· CP9515 Annual Pothole Patching
· CP9508 Annual Dig Outs
· CP9525 Annual Minor Asphalt Overlays
Visalia City Council Page 1 of 2 Printed on 9/13/2024
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File #: 24-0369 Agenda Date: 9/16/2024 Agenda #: 12.
· CP9094 Annual Pave Outs
Prior Council Action: On August 7, 2023 City Council authorized a contract with Jaxon enterprises (dba Deer Creek Asphalt) by attaching to County of Tulare contracts.

Other: N/A
Alternatives: Deny the request to attach and have the Purchasing Department issue a formal Request for Bids for the purchase of Asphalt.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to award a one-year contract with Jaxon Enterprises (dba Deer Creek Asphalt) by attaching to the County of Tulare Contract No. 1954 for ½” Cold-Mix, No. 1956 for ½” Hot -Mix Asphalt Concrete, and Contract No. 1958 for 3/8” Cold-Mix for a total amount not to exceed $400,000.

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

County of Tulare Contract No. 1954 ½” Cold Mix
County of Tulare Contract No. 1956 ½” Hot Asphalt Concrete County of Tulare Contract No. 1958 3/8” Cold Mix
Visalia City Council Page 2 of 2 Printed on 9/13/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0379 Agenda Date: 9/16/2024 Agenda #: 13.

Agenda Item Wording:

Award Network Fiber Connectivity at Visalia Animal Care Center: Authorize the City Manager to award the construction contract to County Line Resources for RFB-23-24-34 Network Fiber Connectivity at Visalia Animal Care Center in the amount of $145,500.

Deadline for Action: 9/16/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Jaime Salazar, IS Supervisor, [email protected], 559-713-4121 John Howison, IS Manager, [email protected], 559-713-4122 Renee Nagel, Finance & Technology Service Director, [email protected], 559-713-4375 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to award the contract to County Line Resources for RFB 23-24-15 for the Fiber Connectivity at Visalia Animal Care Center in the amount of $145,500.

Background Discussion:

This project will expand the City’s existing fiber optic infrastructure to the Visalia Animal Care Center to provide reliable network connectivity to the City’s computer network resources.

The Visalia Animal Care Center has been using a wireless microwave point to point connection since its construction in 2015. This connection has been unreliable and requires frequent repairs which impacts computer, internet, phone and day to day operations.

Bidding Process:

Staff advertised RFB-23-24-34 for the Network Fiber Connectivity at Visalia Animal Care Center in the Visalia Times Delta on 8/14/24 and 8/20/24, mailed notices to 53 Contractors and advertised on BidNetDirect. The following companies responded with the following bids:

Contractor Location Total Bid Amount
County Line Resources Clovis, CA 145,500.00
Audeamus, dba Sebastian Fresno, CA 147,140.00
Undergound Boring
Systems
Fresno, CA 148,500.01
MP Nextlevel, Inc. Maple Lake, MN 158,894.00
GA Technical Services Glendora, CA 178,515.91
Extenda Network, Inc. Ontario, CA 450,000.00
Visalia City Council Page 1 of 2 Printed on 9/13/2024
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File #: 24-0379 Agenda Date: 9/16/2024 Agenda #: 13.

Audeamus, dba Sebastian Fresno, CA 147,140.00
Undergound Boring
Systems
Fresno, CA 148,500.01
MP Nextlevel, Inc. Maple Lake, MN 158,894.00
GA Technical Services Glendora, CA 178,515.91
Extenda Network, Inc. Ontario, CA 450,000.00
Fiscal Impact:

The Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA). All Federal procurement requirements provided in 2 CFR 200 shall be in effect. Total cost of the project is $145,500.00
Prior Council Action: None
Alternatives: Not award the construction contract and re-advertise the project.

Recommended Motion (and Alternative Motions if expected):

I move to Authorize the City Manager to enter into a contract with County Line Resources for RFB-23 -24-34 for the Network Fiber Connectivity at Visalia Animal Care Center in the amount of $145,500.00.

Attachments:

Project Location Map.pdf
RFB 23-24-34, NOTICE OF INTENT.pdf
County Line Resources Business Ownership.pdf
Draft Agreement.pdf
Visalia City Council Page 2 of 2 Printed on 9/13/2024
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September 3, 2024

NOTICE OF INTENT TO AWARD
RFB-23-24-34

NETWORK FIBER CONNECTIVITY AT VISALIA ANIMAL CARE CENTER Regarding the City of Visalia’s Request for Bid RFB-23-24-34, Network Fiber Connection at VACC The City of Visalia has completed the review of the bid packages submitted for the above-listed project. This included review of the bid submittal forms, mathematical calculations, DIR registration, etc.

The following companies submitted a bid and are listed in ascending order:

County Line Resources submitted the Low Bid, and provided the necessary components required per the specifications. Staff will be making a recommendation to Visalia City Council at their regular session on Monday, September 16, 2024 @ 7:00 p.m. (or as soon thereafter as the matter can be scheduled on the agenda) to award this project to County Line Resources.

The City wishes to express its appreciation for your time, effort, and interest in this bid solicitation. If you have any questions, please contact the Purchasing Division at: [email protected] Sincerely,
Purchasing Division
[email protected]
cc: file
City of Visalia, CA
Purchasing Division
707 West Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 Contractor Location Total Bid Amount
County Line Resources Clovis, CA 145,500.00
Audeamus, dba Sebastian Fresno, CA 147,140.00
Underground Boring Systems Fresno, CA 148,500.01
MP Nexlevel, Inc Maple Lake, MN 158,894.00
GA Technical Services Glendora, CA 178,515.91
Extenda Network, Inc. Ontario, CA 450,000.00
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RFB 23-24-34
Network Fiber Connection at Visalia Animal Care Center
38 SAMPLE CONTRACT

NETWORK FIBER CONNECTION AT

VISALIA ANIMAL CARE CENTER
(City of Visalia Bid No. 23-24-34)
This Agreement, entered into and effective this ________ day of ________________, 2024

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) 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 completion of the NETWORK FIBER CONNECTION Project, which was let to bid on ___________ as evidenced by Bid No.23-24-34,
WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project 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 indemnification and defense provisions shall survive expiration and termination. Suspension or termination of this Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be terminated for convenience. 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 Contract General Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-34 Network Fiber Connection at Visalia Animal Care Center
Attachment 4 bid in response to Bid No. 23-24-34

3. CONTRACTOR SCOPE OF SERVICES:

County Line Resources
8/14/24
Corporation
1077 N Willow Ave Ste 105
Clovis, CA 93611
82-5314870
417
RFB 23-24-34
Network Fiber Connection at Visalia Animal Care Center
39 CONTRACTOR shall provide all services/products as requested in Bid No. 23-24-34 for the stated compensation on or before the stated completion dates.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced Within 30 days of receipt of approved invoice.

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay no more than the following amount as total compensation 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 invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
*CONTRACTOR may elect to avoid the 5% retention by depositing securities of equivalent value pursuant to California Public Contract Code Section 22300.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR
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 CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: $
Payment Schedule: Within 45 days from receipt of approved invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion*
$145,500.00
418
RFB 23-24-34
Network Fiber Connection at Visalia Animal Care Center
40 Attachment 1 - CONTRACT GENERAL PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________ Visalia, CA 93291 _______________________ Attention: City Clerk Attention: _____________ D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.
419
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Network Fiber Connection at Visalia Animal Care Center
41 3. WARRANTIES: Warranties required by the Invitation to Bid or this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.

CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

CONTRACTOR warrants that title to all work covered by an application for payment will pass to the CITY either by incorporation in the construction or upon the receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens.

CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to CITY no later than the time of payment free and clear of all liens.

No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condition of sale contract or other agreement by which an interest is retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.

CONTRACTOR shall indemnify and hold CITY harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanics, material persons, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharged, or waived. If CONTRACTOR fails to do so, then CITY may, after having served written notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where upon payment to the CONTRACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations on the CITY to either the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRACTOR, the CITY shall be deemed the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.

Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.

J. : In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the the action brought thereon.

K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

L. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia 420
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42 Department Head, or an exemption in the contract. If a contractor/vendor/ consultant is caught carrying a gun, without City permission, their contract will be terminated.

M. Executive Order N-6-22 Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering 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.

N. Time is of the Essence: Time is of the essence in the performance of the construction anticipated by this Contract.

O. Liquidated Damages: City and contractor acknowledge and agree that time is of the essence for this project. Therefore, for each day the project is delayed beyond the agreed completion date of thirty (30) calendar days, it would be extremely difficult and impractical to ascertain the extent of the detriment to city. The parties have determined and agreed that the actual amount of damages that would be suffered by city as a result of any such delay is the sum of two hundred dollars ($200.00) per day, which is a reasonable estimate of the amount of such damages. The payment of such amount as liquidated damages is not intended as a forfeiture or penalty within the meaning of California civil code sections 3275 or 3369, but is intended to constitute liquidated damages to city pursuant to California civil code sections 1671, 1676 and 1677. City hereby waives the provisions of California civil code section 3389. City agrees that these liquidated damages shall be in lieu of any other monetary relief or other remedy for delay, including, without limitation, specific performance, to which city might otherwise be entitled under this agreement, at law or in equity, agreement.
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43 Attachment 2 - CONTRACT INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess

2. . If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a.
coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b.
this Agreement, including owned, noncontractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.
extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
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44 b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.

Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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45 Awarded Contractor shall complete and submit this form with final payment request.

SAMPLE FINAL PAYMENT AFFIDAVIT
I, declare under penalty of perjury
Name)
under the laws of the State of California and the provisions of the California Labor Code §1771, §1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:

1. I am the of and I
(Officer, Owner, Partner) (Company)
am responsible for the payment of persons employed by
(Company)
who performed work on the City of Visalia Project entitled:

ANIMAL CARE CENTER FIBER NETWORK CONNECTION

2. During all payroll periods from through , (first work date) (last work date) All persons employed by on this project
(Company)
have at all times been paid, at a minimum, the specified general prevailing rate of per diem wages and any amounts due.

3. During all payroll periods on this project, all apprenticeship requirements have been complied with.

Executed and sworn to this day of , (Day) (Month) (Year) ___________________________________ __________________ (Signature) (Date) 424
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0380 Agenda Date: 9/16/2024 Agenda #: 14.

Agenda Item Wording:

Authorize Purchase of Timekeeping System: Authorize the City Manager to enter into a (5) year service and software license agreement with Kronos SaasHR for an employee time and attendance system, as well as a Public Safety employee scheduling system, for a total of $512,000, and appropriate $93,700 for the Public Safety scheduling system.

Deadline for Action: 9/16/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Israel Luna, Information Systems Analyst, 559-713-4106 [email protected] John Howson, IS Manager, 559-713-4122 [email protected] Renee Nagel, Finance & Technology Director, 559-713-4375 [email protected] Department Recommendation:

It is recommended that the Visalia City Council authorize the City Manager to enter into a (5) year service and software license agreement with Kronos SaasHR for an employee time and attendance system, as well as a Public Safety employee scheduling system, for a total of $512,000, and appropriate $93,700 from the General Fund for the Public Safety scheduling system. Both systems, including implementation, will cost $195,744 in year 1 of the contract. The remaining four years of the contract will be for annual maintenance of $79,000. The annual maintenance for years 2-5 has already been included in the departmental budgets.

Background Discussion:

The City of Visalia's current on-premises Time and Attendance software, called Stromberg Enterprise, went live in 2009. Although this software has fulfilled both timekeeping and reporting requirements, its technology has become obsolete and lacks modern application enhancements. In 2010 Stromberg was acquired by Kronos and the City was notified that support and updates would end in 2020. Since 2020 the system has been unsupported by the vendor and has received no updates, and staff are unable to add employees beyond the originally purchased 900 user licenses.

Continued use of this technology runs the risk that new employees cannot be added to the system, and the lack of updates provides a substantial security risk.

All City employees interact with the Stromberg Enterprise time keeping system. While the majority utilize a web browser interface, deployed at certain sites are bio-metric hardware-based clocks.

These clocks serve positions in the field, and are strategically placed at City facilities, such as at the Corporation Yard, Convention Center, and recreational facilities. It has become increasingly difficult to replace hardware due to modern hardware being incompatible with the Stromberg Enterprise software.

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File #: 24-0380 Agenda Date: 9/16/2024 Agenda #: 14.

The Public Safety Department on-premises scheduling software was acquired in 2009. This system too has had a lengthy time in service. Additionally, its original deployment did not encompass all available modules. Both departments also share common scheduling methods for safety personnel.

The scheduling complexities make the current manual and partially automated methods particularly cumbersome, resulting in inefficient use of employee hours and placing a great burden on scheduling staff. Current scheduling methods potentially lead to errors in employee time records. The current manual process is particularly slow and cumbersome in responding to last-minute vacancies, which could result in unnecessary overtime or under-scheduling.

An RFP was issued (RFP-23-24-01) seeking a replacement time and attendance system with an optional component for a public safety scheduling solution.

As part of the project due diligence, a Steering Committee composed of City employees from multiple departments was formed. Over the course of many weeks from November 2023 through April 2024, the Committee evaluated 8 RFP responses focusing on time and attendance as well as scheduling solutions. After numerous meetings to screen and narrow down the candidates, they selected the top four; Kronos SaasHR, TeleTime, TCP, and Andrews Technology. Interviews and demonstrations were conducted with each proposer.

Following further discussions and consultations with referrals, the committee chose Kronos SaasHR as the recommended selection.

Fiscal Impact:

The timekeeping and biometric timeclock system implementation will cost $102,044 and will be funded by the America Rescue Plan Act (ARPA) CIP. Kronos SaasHR has agreed to follow all federal guidelines and has submitted certificates certifying their compliance. They have also provided the required bond for professional services.

The Public Safety scheduling system was not included in the ARPA project, but the timekeeping system and scheduling system are closely tied together, upgrading this and the same time provides many enhancements to the Police and Fire departments. Staff is recommending funding this system and implementation from the General Fund for an amount not to exceed $93,700.

Both systems, including implementation, will cost $195,744 in year 1 of the contract. The remaining four years of the contract will be for annual maintenance of $79,000. The annual maintenance for years 2-5 has already been included in the departmental budgets. As shown in the table below, the total contract for five years is $511,744.

Implementation
Cost
Year 1 Year 2 Year 3 Year 4 Year 55 Yr Total
Timekeeping (UKG Ready) $ 98,544$ 52,750$52,750$52,750$52,750$ 309,544 Public Safety Scheduling ( Telestaff) $ 93,700$ 26,250$26,250$26,250$26,250$ 198,700 Hardware Taxes $ 3,500 0 0 0 0 $ 3,500
Annual Total $ 195,744$ 79,000$ 79,000$ 79,000$ 79,000$ 511,744 Maintenance Cost
Prior Council Action: N/A
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File #: 24-0380 Agenda Date: 9/16/2024 Agenda #: 14.

Alternatives: Direct staff to re-issue the RFP. The ARPA funding would not be available for this.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to enter into a (5) year service and software license agreement with Kronos SaasHR for an employee time and attendance system, as well as a Public Safety employee scheduling system, for a total of $512,000, and appropriate $93,700 from the General Fund for the Public Safety scheduling system.

Attachments:

Attachment 1- Draft Agreement
Attachment 2 - RFP-23-24-01, 00 Supply and Implementation of Time and Attendance Application.pdf Visalia City Council Page 3 of 3 Printed on 9/13/2024
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ORDER FORM
Order Type: Quote
Date: 31 Jul, 2024
Quote#: Q-210950
Expires: 20 Sep, 2024
Sales Executive: Celeste Patzold
Effective Date: Effective as of the date of last signature of this Order Customer Legal Name:

CITY OF VISALIA
Customer Legal Address:
707 W ACEQUIA, VISALIA, CA 93291 USA
Bill To: CITY OF VISALIA
707 W ACEQUIA
VISALIA, CA 93291 USA
Ship To: CITY OF VISALIA MIS
315 E ACEQUIA
VISALIA, CA 93291-6341 USA
Bill To Contact: Ship To Contact: Israel Luna
Ship to Phone:

Ship to Mobile:

Contact: Israel Luna
Email: [email protected]
Currency: USD Shipping Terms: Shipping Point
Customer PO Number: Ship Method: FedEx Ground
Solution ID: 6096952 Freight Term: Prepay & Add
Initial Term: 60 months
Uplift Percent: 8 %
Renewal Term: 12 months
Payment Terms: Net 30 Days
Billing Start Date: 120 Days from the Effective Date
Subscription Services
Billing Frequency: Annual in Advance
Subscription Services Quantity PEPM Monthly Price
UKG READY TIME 925 USD 4.00 USD 3,700.00
UKG READY INTEGRATION HUB 1 USD 0.00 USD 0.00
Total Price USD 3,700.00
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Equipment Purchase
Billing Frequency: Invoiced Upon signature of the Order form Item Quantity Unit Price Total Price
TOUCHFREE ID OPTION FOR INTOUCH DX/DX G2 10 USD 1,091.00 USD 10,910.00 UKG INTOUCH DX G2,B/C 10 USD 2,697.00 USD 26,970.00
Total Price USD 37,880.00
Hardware Support
Billing Frequency: Invoiced Upon signature of the Order form Item Duration(Months) Total Price
Depot Exchange Support Service 12 USD 4,500.00
Total Price USD 4,500.00
Accessories
Billing Frequency: Invoiced Upon the Signature of the order form Item Quantity Unit Price Total Price
NIMH BACKUP BATTERY, INTOUCH DX/DX G2 10 USD 252.00 USD 2,520.00

NORTH AMERICA POWER ADAPTER FOR EXTERNAL OUTLET, INTOUCH DX/DX G2 10 USD 0.00 USD 0.00
Total Price USD 2,520.00
One Time Setup Fee
Billing Frequency: : 3 consecutive equal monthly payments, commences at signing Item Total Price
One Time Setup Fees USD 6,243.75
Professional Services - Bill As You Go Services
Billing Frequency: Billed monthly as delivered
Professional Services - Bill As You Go Services Billing Role Quantity Unit Price Total Price

UKG READY UKG CONSULTANT (TIME AND
MATERIALS) Grouped 30 USD 100.00 USD 3,000.00
Total Price USD 3,000.00
Quote Summary
Item Total Price
Minimum Monthly SaaS Service & Equipment Rental Fee USD 3,700.00 429
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Item Total Price
Minimum Annual SaaS Service & Equipment Rental Fee USD 44,400.00 Item Total Price
Total Equipment Purchase and Accessories Fee USD 40,400.00 Item Total Price
Total Support Fee USD 4,500.00
Item Total Price
Total One Time Fees USD 6,243.75
Item Total Price
Total Bill As You Go Services USD 3,000.00
Order Notes:

This Order is subject to and governed by the terms and conditions of UKG’s Master Services Agreement located at https://www.ukg.com/MSA (hereafter ''Agreement''). All versions of the Master Services Agreement, including the version effective as of the Effective Date of this Order and prior versions, can be found at www.ukg.com/globalmsas. Customer’s use of the Subscription Services is further subject to the Acceptable Use Policy located at https://www.ukg.com/acceptable-use-policy. UKG will provide the Services in accordance with the Services Descriptions and Statements of Work located at https://www.ukg.com/services-descriptions/. UKG will provide the Support Services in accordance with the UKG Support Policy located at https://www.ukg.com/support-policies-andservices. Any personal data provided to UKG through the Subscription Services will be processed in accordance with UKG’s Data Processing Addendum located at https://www.ukg.com/ukg-unified-dpa. All Customer Data (as defined in the Agreement) will be secured and protected as set forth in the Technical and Organizational Measures of UKG’s Data Processing Addendum.

UKG will provide the UKG Ready professional Services offering in accordance with the UKG Launch - UKG Ready Services Description located at:
www.ukg.com/services-descriptions
After the Initial Term, the Subscription Fee shall increase per annum by the Uplift amount set forth above.

BIDDER’S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

1. The BIDDER has X has not ___ participated in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.

1. The BIDDER has X has not ___ submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subBIDDERS will be awarded prior to award of subcontracts.

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and 430
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has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100 “Employee Information Report EEO-1” prior to award of this contract, agreement, or purchase order.

UKG warrants, that provided Customer is current on its obligations under the Agreement, the Subscription Services listed on the Order Form Quote #Q-210950 will, under normal operation as specified in the Documentation and when used as authorized herein, substantially meet the applicable functionality requirements identified in Attachment 3 of the City of Visalia, California Supply And Implementation of Time And Attendance Application RFP No. 23-24-01 (the "RFP"), as clarified in UKG's Response to the RFP.

Customer's sole remedy for breach of the foregoing warranty is for UKG to repair or replace the Subscription Services listed in the applicable Order Form or termination of the Agreement on a prospective basis with no liability to either party.

Equipment sold (or rented) to Customer under this Order, and any related Equipment Support Services, shall be further subject to and governed by the terms and conditions set forth in the Equipment Addendum located at:
www.ukg.com/equipment-addendum
All versions of the Equipment Addendums, including the version effective as of the Effective Date of this Order and prior versions, can be found at:
www.ukg.com/global-equipment-addendums
The fees for the Subscription Services are invoiced 60 days prior to the Billing Start Date.

Upon execution of this Order Form, UKG will provide Customer with Two (2) Aspire passes at no cost for Aspire 2024 or 2025. Please contact your UKG Representative for a discount code when ready to register.

READY:

Year 1 for Ready
Software Subscription Services for 12 months: $44,400
Purchase 10 timeclocks: $37,880
Timeclock accessories: $ 2,520
12 months of support for the timeclocks: $4,500
One-time-set up of Ready: $9,243.75 (this is total with year end promo) Total for year one for Ready= $ 98,523.75
Year 2 through 5 for Ready:

Software Subscription Services for $44,400 for 4 years (year 2, 3, 4, and 5): $177,600 Timeclock support:

Year 2 4,860.00
Year 3 5,248.80
Year 4 5,668.70
Year 5 6,122.20
Total 21,899.70
Total for year 2 through 5 for Ready = $199,499.70
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IN WITNESS WHEREOF, the parties have caused this Order to be executed by their authorized representatives and shall be effective as of the date of the last signature below.

CITY OF VISALIA Kronos SaaShr, Inc.

Signature: /CS1/______________________________ Signature: /KS1/_____________________________ Name: /CN1/______________________________ Name: /KN1/_____________________________ Title: /CT1/______________________________ Title: /KT1/_____________________________ Date: /CD1/______________________________ Date: /KD1/______________________________ The monthly price on this Order has been rounded to two decimal places for display purposes. As many as eight decimal places may be present in the actual price. Due to the rounding calculations, the actual price may not display as expected when displayed on your Order. Nonetheless, the actual price on your invoice is the true and binding total for this Order for purposes of amounts owed for the term.
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ORDER FORM
Order Type: Quote
Date: 31 Jul, 2024
Quote#: Q-211534
Expires: 20 Sep, 2024
Sales Executive: David Weeks
Effective Date: Effective as of the date of last signature of this Order Customer Legal Name:

VISALIA POLICE
Customer Legal Address:
303 S JOHNSON ST, VISALIA, CA 93291-6135 USA
Bill To: CITY OF VISALIA
707 W ACEQUIA
VISALIA, CA 93291 USA
Ship To: CITY OF VISALIA MIS
315 E ACEQUIA
VISALIA, CA 93291-6341 USA
Bill To Contact: Ship To Contact: Israel Luna
Ship to Phone:

Ship to Mobile:

Contact: Israel Luna
Email: [email protected]
Currency: USD Shipping Terms: Shipping Point
Customer PO Number: Ship Method: FedEx Ground
Solution ID: 6106031 Freight Term: Prepay & Add
Initial Term: 60 months
Uplift Percent: 8 %
Renewal Term: 12 months
Payment Terms: Net 30 Days
Billing Start Date: 120 Days from the Effective Date
Data Center Location: USA
Subscription Services
Billing Frequency: Annual in Advance
Subscription Services Quantity PEPM Monthly Price
UKG TELESTAFF CLOUD 200 USD 7.00 USD 1,400.00
UKG TELESTAFF CLOUD 100 USD 7.00 USD 700.00
Total Price USD 2,100.00
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Professional Services - Bill As You Go Services
Billing Frequency: Billed monthly as delivered
Professional Services - Bill As You Go Services Billing Role Quantity Unit Price Total Price TSG Professional Services Project Manager 84 USD 125.00 USD 10,500.00 TSG Professional Services Solution Consultant 454 USD 125.00 USD 56,750.00 TSG Technical Services Technology Consultant 10 USD 125.00 USD 1,250.00 Total Price USD 68,500.00
Quote Summary
Item Total Price
Total Monthly SaaS and Equipment Rental Fees USD 2,100.00 Item Total Price
Total Bill As You Go Services USD 68,500.00
Order Notes:

GENERAL TERMS:

This Order is subject to and governed by the terms and conditions of UKG’s Master Services Agreement (“Agreement”) located at:
www.ukg.com/msa
All versions of the Master Services Agreement, including the version effective as of the Effective Date of this Order and prior versions, can be found at:
www.ukg.com/global-msas
Equipment sold (or rented) to Customer under this Order, and any related Equipment Support Services, shall be further subject to and governed by the terms and conditions set forth in the Equipment Addendum located at:
www.ukg.com/equipment-addendum
All versions of the Equipment Addendums, including the version effective as of the Effective Date of this Order and prior versions, can be found at:
https://www.ukg.com/global-equipment-addendums
UKG will provide the Services in accordance with the Services Descriptions and Statements of Work located at:
www.ukg.com/services-descriptions
UKG will provide the Support Services in accordance with the UKG Support Policy located at:
www.ukg.com/saas-support-policies-and-services
Customer’s use of the Subscription Services is further subject to the Acceptable Use Policy located at:
www.ukg.com/acceptable-use-policy
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All Customer Data (as defined in the Agreement) will be secured and protected as set forth in the Technical and Organizational Measures of UKG’s Data Processing Addendum. Any personal data provided to UKG through the Subscription Services will be processed in accordance with UKG’s Data Processing Addendum located at:
www.ukg.com/ukg-unified-dpa
After the Initial Term, the Subscription Fee shall increase per annum by the Uplift amount set forth above.

The parties agree that Customer is transitioning from their existing TeleStaff perpetual software licenses (the “Existing Applications”) to the TeleStaff Cloud software as a service offering in the Google Cloud Platform. Software Support for the Existing Applications shall continue, in accordance with UKG support policies, for up to 60 days after first production use of TeleStaff Cloud by Customer, but in no event beyond December 31, 2025, and shall terminate thereafter. UKG Telestaff Cloud Monthly Service Fees shall be invoiced at the Billing Frequency indicated on this Order, commencing on the Billing Start Date. As of the Billing Start Date, UKG will credit Customer for any pre-paid but unused fees for Software Support for the Existing Applications. Customer may apply credits against any amounts owed to UKG by Customer until such credit is expended. Customer shall continue to pay the Software Support on the Existing Applications until the Billing Start Date.

This order is for a coordinated multi-site consolidation. The following customer solutions are impacted:

Solution ID 6105773 VISALIA FIRE
Solution ID 6106031 VISALIA POLICE
TELESTAFF:

Year 1 for TeleStaff
Software Subscription Services for 12 months: $25,200
One-time-set up of TeleStaff: $68,500
Total for year one for TeleStaff $ 93,700
Year 2 through 5 for TeleStaff:

Software Subscription Services for $25,200 for 4 years (year 2, 3, 4, and 5): $100,800 Total for year 2 through 5 for TeleStaff=$ 100,800
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IN WITNESS WHEREOF, the parties have caused this Order to be executed by their authorized representatives and shall be effective as of the date of the last signature below.

VISALIA POLICE UKG Kronos Systems LLC
Signature: /CS1/______________________________ Signature: /KS1/_____________________________ Name: /CN1/______________________________ Name: /KN1/_____________________________ Title: /CT1/______________________________ Title: /KT1/_____________________________ Date: /CD1/______________________________ Date: /KD1/______________________________ The monthly price on this Order has been rounded to two decimal places for display purposes. As many as eight decimal places may be present in the actual price. Due to the rounding calculations, the actual price may not display as expected when displayed on your Order. Nonetheless, the actual price on your invoice is the true and binding total for this Order for purposes of amounts owed for the term.

UKG is aligning our product brand and announcing that the UKG Dimensions® and UKG Pro® solutions will be one product suite under the name UKG Pro. Click here to learn more and view examples of current to future names https://www.ukg.com/one-suite#WhatproductnamesarechangingunderUKGDimensions 436
UKG Opp-694512_SVC; SOW terms expire if Order not executed by 09/30/24 UKG Statement of Work for VISALIA POLICE
This Statement of Work (SOW) outlines the scope of services to be provided by UKG for the Professional Service(s) in the corresponding Order and is subject to the terms and conditions set forth in the UKG Master Services Agreement (MSA) or such other existing underlying agreement between Parties. The scope of services described herein are time and materials based and subject to the same terms and conditions as the corresponding Order. Unless otherwise defined herein, words and expressions defined in the Order shall have the same meaning in this Statement of Work. In the event of a conflict or discrepancy between the terms in this SOW and the MSA, the MSA shall prevail.

UKG TeleStaff Solution
VISALIA POLICE AND FIRE and UKG are onboarding the following entitlements with:

Core Entitlement On-boarding Type Number of
Employees
UKG TeleStaff Cloud Net New 300

1. Professional Services in Scope
The Customer has engaged UKG to provide the following Professional Services:

Service Description
UKG TeleStaff Cloud
Scope Includes:
• One-time data import of customer-supplied person data in UKG format • Leave Requests
• Shift Trades
• Accrual Management with a one-time data import of customer-supplied accrual data in UKG format • Event Deployment
• Signup Processes
• Overtime/Off Duty Scheduling Processes
• Minimum Staffing
• Fatigue Rules
• SMS Configuration (Text via Twilio)
• Bidding (see Scope assumptions below)
• Standard Payroll Export
• Standard Reports
• Single-sign-on (SSO) Authentication
• One 8-hour remote consultant training session: Admin, Bid Admin, or Scheduler • Standard integration with UKG Workforce Ready
• One standard gateway roster feed
• One production cutover
• Only those Customizations explicitly defined within this SOW (if applicable) will be included Scope assumptions:
• Includes 2 Institutions
o Includes 2 unique business unit(s) with continuous 24/7 staffing requirements (Examples:

Patrol, Jail, Fire Suppression, Communications)
Fire and Police (Dispatch is included under Police)
o Includes 1 administrative schedule group(s) with no staffing rules • Customer is responsible for data setup for:
o Events
o Assignment Templates
• Bidding:
o Two types of awards (i.e. one PTO Type/Assignment) are included Shift Bid and Vacation Bid
o Includes two bidding groups. A bidding group is defined as having a unique set of qualifying rules that determines the bid order.
Fire and Police – 2 bids will be configured for each group o The execution of the bid includes 1 bid, 1 win, and 1 award cycle. 437
UKG Opp-694512_SVC; SOW terms expire if Order not executed by 09/30/24 Service Description
o Cloning of Bids is the customer’s responsibility
o Additional award types, bidding groups, execution steps, or cloning will require Additional Scoped Services to be defined

2. Service Parameters
The following parameters provide an additional set of considerations as it applies to the Project and Professional Services described in this document:

Item Parameters
Project Assumptions x The target duration for this project is 24 working weeks. x Customer is responsible for uploading leave balances via import tool Scope Changes and
Pricing
• Any stated project duration is for guidance only and expected to be as set out in this SOW based upon UKG’s experience with UKG customers and solutions. Scope changes are subject to review and may impact the project duration and cost. If additional work beyond the initial scope of this SOW is needed, a separate Service Request will be required.
• If the Customer requires services not specified in this SOW, those services will be scoped based upon complexity and billed at the then current rate.
• UKG will not be responsible for troubleshooting Subscription Service(s), interfaces or hardware not provided by UKG.
• UKG’s quoted pricing does not include customization to the Subscription Service(s). A customization is defined as any system change that extends the Subscription Service(s) beyond what is provided by the delivered Subscription Service(s). Additional fees will apply if customization is required. Annual maintenance fees apply to all customizations. These fees are 15% of the cost of the customization. • UKG’s quoted pricing does not include the Excluded Items set out in this SOW Customer Tasks and
Communication
x Both UKG and the Customer’s project team will complete assigned tasks by mutually agreed upon due dates as set forth in the project plan. UKG will not be responsible for delays caused by the Customer’s failure to provide adequate resources for the project or complete tasks promptly. x UKG will communicate with the Customer’s project manager, the appointed point of contact for Customer on this project. The Customer’s project manager will be responsible for all communications and project management among all Customer parties (staff, vendors, consultants) and for the escalation and resolution of any issues for the Customer.
x All project tasks are completed through UKG’s remote deployment model unless otherwise mutually agreed to in advance or via an authorized service request or work order. Travel expenses are not included and will be invoiced separately as incurred.

3. Service Requests
Requests for changes to this SOW, additional scope, or activities outside of this planned project scope must be submitted to the UKG project manager in writing or in the form of an electronic service request.

The following excluded items are considered out of scope and will require a service request (“Excluded Items”):
x Material changes in the defined scope or effort
x Material changes in the number or type of work items to meet the defined scope of effort x Changes to the project remote delivery model
x Changes to the project duration
UKG will estimate the time and costs needed to implement the change and its impact on the project's delivery. UKG will perform the requested work once the service request has been completed and signed by the Customer.

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23 23 Kronos SaaShr, a UKG Company Proposal in response to City of Visalia, California Supply And Implementation of Time And Attendance Application RFP , No. 23-24-01 December 19, 2023
Attachment 3: Specifications Checklist and Proposer Questionnaire Complete the tables listed below by writing into the correct column (Y / N / M) for each requirement.

Any item marked with M (modification) have the proposed modification spelled out in the comments section.

Additional explanations may be included in the comment column or on a separate page with the section number and item number clearly identified.

Y Yes – The proposed application meets or exceeds the requirement.

N No – The proposed application cannot meet the requirement.

M (Modification) – The application must be modified to meet the requirement. Any item marked with M (modification) have the proposed modification spelled out in the comments section, include a proposed delivery date.

Specifications Checklist

TIME AND ATTENDANCE SPECIFICATIONS
Question Response Comments
1 Data collection method includes web-based
entry, app-based entry, and
biometric/keypad devices. Allowing
employees to clock in and out, view their
schedules, and request leave on the go.

Y
2 Provides an employee and supervisor selfservice module to perform routine tasks.Y 3 All transactions must be processed in realtime and be immediately available for inquiry and reporting.

Y Real time processing is dependent on
internet connectivity from the user to
the Ready software. In the event a
connection is not available,
transactions will be recorded and
stored until internet connectivity is
restored.
4 Ability to auto-assign an account or update
with a project cost account to hours being
reported.

Y
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24 24 Kronos SaaShr, a UKG Company Proposal in response to City of Visalia, California Supply And Implementation of Time And Attendance Application RFP , No. 23-24-01 December 19, 2023

TIME AND ATTENDANCE SPECIFICATIONS
Question Response Comments
5 The solution should have robust reporting
and analytics capabilities, providing insight
into attendance patterns, employee
performance and workforce trends.

Y
6 Demonstrate audit capabilities for
transactions and authorization changes
Y
7 Demonstrate security capabilities for
authentication and authorization
Y
8 Can the system monitor coverage levels in
real-time and ensure they remain sufficient,
even while the supervisor is reviewing timeoff requests? It will only send alerts if the coverage drops below the necessary
threshold.

Y
9 The system shall support bi-weekly (14-day)
payroll period options, i.e., Saturday thru
Friday with varying work schedules within
that pay period.

Y
10 The system should support existing
employees' personnel IDs generated by the
City. The ID format is “E99999999”. The ID
begins with a static uppercase E. The 9
represents a unique numeric identifier. As
new hires are onboarded the unique numeric
identifier is incremented by 1. Note: The
unique identifier is not padded with leading
zeros (production examples: E11146; E17518)
Y
11 The application should comply with
applicable labor laws, and regulations, and is
Y
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TIME AND ATTENDANCE SPECIFICATIONS
Question Response Comments
configurable to align with collective
bargaining agreements.
12 Accommodate alternate/flexible work
schedules. Including, but not limited to:

12.1 Traditional (8 hour per day; M-F, 40-
hour week)
Y

12.2 9/80 (9 hour per day: 80-hour pay
period)
Y

12.3 4/10 (4 workdays: 10-hour days) Y

12.4 Fire – 48/96 schedule – 56 hour/week
(24-day (182 hour) FLSA work period, 8 - 24
hour shifts per work period per shift).

12.5 Fire - Every 24 days we calculate OT
hours (hours worked over 182 in the previous
24-day period) and pay the OT portion (.5) on
the regular paycheck.

12.6 Police – Hybrid 4/10-3/12.5 with 28-day
work period for sworn public safety (FLSA
171-hour work period).

Y The Visalia Fire Department currently
use UKG TeleStaff for their scheduling
operations and the current version of
TeleStaff can accommodate this
requirement. UKG's proposal includes
our recommendation to migrate to
TeleStaff Cloud.
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26 26 Kronos SaaShr, a UKG Company Proposal in response to City of Visalia, California Supply And Implementation of Time And Attendance Application RFP , No. 23-24-01 December 19, 2023

TIME AND ATTENDANCE SPECIFICATIONS
Question Response Comments
13 The application should provide real-time
updates of schedule changes, including shift
swaps, time-off requests, and new
assignments, to all relevant personnel.

14.1 The ability to generate exception
reports.

14.2 The ability to view/make changes to
employee schedules and time sheets.

14.3 The ability for approving assigned
employee timesheets.

14.4 Entering of employee time. Y

14.5 Drill down capabilities to view project
accounting made by the employee.

14.6 Approving time off requests. Y

14.7 The ability to delegate tasks between
the supervisors.

14.8 The ability to run staffing reports with
ease.

Y
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TIME AND ATTENDANCE SPECIFICATIONS
Question Response Comments

14.9 The ability to send out overtime/shift
coverage needs through the system.

Y
15 Provides user self-service: Y

15.1 Ability to view/edit time entries. Y

15.2 Visibility to accrual balances. Y

15.3 Ability to make time off requests. Y

REPORTING
Question Response Comments
16 Does the system contain comprehensive reporting? Y

16.1 Timecard Report – Report needs to run timecards by selection; by the employee, by the department and by date range.

16.2 Transaction Report – Prints time that is entered and not punched by timeclock, for example leave usage, exempt roll up time, and additional hours like on-call pay.

16.3 Total Hours Report – A Report that lets us review Hours prior to exporting into Central Square Finance Enterprise.

16.4 Estimated Overtime Tracking Report – by an employee print both the daily and weekly overtime worked.

Y
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REPORTING
Question Response Comments

16.5 Timecard Approval Report – A Report that prints the status of a timecard, approved or unapproved by the employee, supervisor, and payroll representative.

16.6 Audit Report – Prints the trail log of user modifications applied to timecards; timesheet data; employee data benefits and system settings.

16.7 Accrued Benefits Report – Show by employee for each code how much time or hours were earned and taken during the current benefit year.

INTERFACES
Question Response Comments
17 Required electronic data-interchange
transfers using standard file formats
(CSV; Tab; Position or Delimited):

Y UKG Ready supports all these formats and has
an available API interface into Central Square
software for near real time integration and a
single user experience.

17.1 Export employee timecard data in a
specified format to upload into Central
Square Finance Enterprise Application.
(See figure A)
Y while this is supported - best practice would
be to use the API interface into Central
square. This is quicker, easier and more
reliable.

17.2 Import new and existing employee
information (i.e., name change, address,
and rate change) from Central Square
Finance Enterprise.

Y This is available - but best practice would use
the available API interface between Central
Square and Ready.

17.3 Import the Central Square Finance
Enterprise termination file.

Y
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29 29 Kronos SaaShr, a UKG Company Proposal in response to City of Visalia, California Supply And Implementation of Time And Attendance Application RFP , No. 23-24-01 December 19, 2023

INTERFACES
Question Response Comments

17.4 Import the Central Square Finance
Enterprise leave balance file.

Y This is possible - but best practice would use
the API interface into Central Square.

17.5 Import data from UKG Telestaff
system (i.e., employee id, work codes,
hours).

Y
Scheduling
Question Response Comments
18 Capable of allowing for paperless
seniority-based schedule sign-ups that
provide notification to the next in line for
their turn and automated time limit once
notification has been received.

Y The Visalia Fire Department currently use
UKG TeleStaff for their scheduling
operations and the current version of
Telestaff can accommodate this
requirement. UKG's proposal includes our
recommendation to migrate to TeleStaff
Cloud.
19 Shift Scheduling: The application allows
administrators to create, assign and
manage work schedules for different
personnel.

Y
20 The application should include
communication tools such as messaging,
push notifications.

Y
21 Supports different shift types and
rotations, including day, night, on-call, and
overtime shifts:

21.1 Fire – 48/96 schedule – 56
hour/week (24-day (182 hour) FLSA work
Y
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Scheduling
Question Response Comments
period, 8 - 24 hour shifts per work period
per shift).

21.2 Police – Hybrid 4/10-3/12.5 with 28-
day work period for sworn public safety
(FLSA 171-hour work period).

Y The Visalia Police Department currently use
UKG TeleStaff for their scheduling
operations and the current version of
TeleStaff can accommodate this
requirement. UKG's proposal includes our
recommendation to migrate to TeleStaff
Cloud.
22 Accommodate a shift
exchange/information handoff period.

Y This would be in Telestaff. This is available
in Ready but has not been included in this
proposal.
23 Mandatory OT tracking – constant
staffing.

Y
24 Voluntary OT tracking – constant
staffing.

Y
25 Fire - the capability to quickly fill a
vacant position using a rule-based
dynamic list. Sorted by configurable
metrics (i.e., accumulators, dates, and
counters).

Y The Visalia Fire Department currently use
UKG TeleStaff for their scheduling
operations and the current version of
Telestaff can accommodate this
requirement. UKG's proposal includes our
recommendation to migrate to TeleStaff
Cloud.
26 Alerts when the scheduled shift
exceeds the predefined number of
permitted work hours.

Y
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Scheduling
Question Response Comments
27 The ability for multiple employees
assigned to a single shift.

Y
28 The ability to insert availability. Y The Visalia Fire Department currently use UKG TeleStaff for their scheduling
operations and the current version of
Telestaff can accommodate this
requirement. UKG's proposal includes our
recommendation to migrate to TeleStaff
Cloud.

This is also available as an option in Ready
but has not been quoted in this
response. Further discovery can include this
in a best and final offer if needed.
29 The ability to insert time off request. Y
30 The ability to create open shifts. Y
31 The ability to take open shifts from an
app-based entry.

Y
32 Approving or Declining time off
requests.

TECHNICAL REQUIREMENTS
Question Response Comments
33 The vendor shall propose a solution
either hosted independently of the City of
Visalia’s network domain or on-premises
compatible with virtualized servers.

N UKG Ready is only offered as a SaaS solution
hosted in the Google Cloud Platform. Visalia
is currently running Telestaff on
premise. SAAS Telestaff is available.
447
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TECHNICAL REQUIREMENTS
Question Response Comments
34 Hosted independent solutions should
demonstrate electronic data-interchange
capabilities. Including but not limited to
APIs; standardized electronic file formats
like csv and Excel. Online solution like
API’s disclose limitations such as
throttling. And disclose of any data caps
applied to downloading of employee
information or for data processing.

Y
35 Integrated tools for the creation of
custom reports or dashboards with either
on-premises or hosted solutions.

Y
36 Appropriately apply updates to existing
employee accounts.

Y
37 Update employee benefit balance. Y
38 For on-premises deployments the City’s
preference for a database would be
Microsoft SQL.

N UKG Ready is only offered as a SaaS solution
hosted in the Google Cloud Platform.
39 The application shall be compatible
with modern browsers such as; Google
Chrome, Mozilla Foxfire, and Microsoft
Edge.

Y
40 SSL shall be required for all HTTP traffic
between client interfaces and host web
server(s).

Y
41 The proposed solution provides SingleSign-On (SSO) via SAML integration and Y 448
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TECHNICAL REQUIREMENTS
Question Response Comments
force SAML logins. The City utilizes the
Microsoft Azure environment.
42 The application should automatically
accommodate changes from standard
time to daylight savings time and vice
versa
Y Standard functionality.
43 Data collection terminals shall have
dual power configurations; PowerOverEthernet (POE) and standard 120-volt supplies.

Y
44 Data collection terminals shall
automatically synchronize internal date
and time with the host server clock.

Y
45 Data collection terminals shall operate
offline should connectivity be lost to the
host server.

Y
46 Data collection terminals shall operate
for a short time without external power.

For example, in the event of a short power
loss.

M Optional NIMH Battery Backup required.
47 Biometric templates should be stored
both at the terminal and in the central
database. Describe how biometric
templates are maintained within the
proposed solution.

Y UKG biometric technology does not store
hard-copy biometric images. In fact, no
images are stored at all with the system.

Instead, the UKG InTouch terminal equipped
with a biometrics option converts the
biometric image into a mathematical
representation, which it stores in an
encrypted format. These are interpreted
using a company proprietary algorithm. As a
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TECHNICAL REQUIREMENTS
Question Response Comments
result, it’s practically impossible to
reproduce the original image. A fact that
greatly promotes the cause of employee
privacy.
48 Record accurate geo-location data for
auditing purposes. For example, to
determine where an employee was when
a time punch occurred.

Y
49 Scalability: Should be scalable and
flexible to accommodate changing
business needs and growing employee
counts.

Y
Proposer Questionnaire
Technical questions responses are required from all vendors. Additional explanations may be included on a separate page with the section number clearly identified. 1) For hosted environments, do you maintain copies of our data in multiple places to reduce the risk of downtime?
This is described in more detail in the hosting agreement.

System Uptime
UKG works closely with the data center to help ensure both the physical security and consistent availability of your UKG Ready data and applications. As a result of these efforts, UKG Ready uptime has historically measured 99.79 percent or greater monthly for unscheduled outages. The UKG Ready data center facility, which is designed to eliminate any single point of failure within the system architecture, provides the following features to maximize uptime:
x 24x7x365 monitoring of system operations
x N + N power redundancy
x Connectivity to multiple backbone providers
x Variable switch load technology
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35 35 Kronos SaaShr, a UKG Company Proposal in response to City of Visalia, California Supply And Implementation of Time And Attendance Application RFP , No. 23-24-01 December 19, 2023
x Hardened operating systems on all servers
Uptime Architecture
The UKG Ready database availability strategy relies on SQL Server transaction log shipping to maintain copies of its production database on three different servers. This strategy helps ensure that your data, application configurations, and stored code continue to be available even if a server, SAN, or site experiences failure. The primary SQL database solution consists of two databases built in a cluster to provide instant redundancy in the event that one server fails.

Transaction logs are shipped to another SQL Server in the production environment, thereby creating a local backup SQL server. Transaction log files are also shipped via a secure transmission to an off-site SQL server at the UKG Ready disaster recovery location. Full database backup is performed weekly — with incremental backups running daily — to further minimize risk. 2) For hosted environments, how do you safeguard backups from ransomware and other cyber threats?
The UKG Ready database availability strategy relies on synchronization to maintain copies of its production database on four different servers. This strategy helps ensure that your data, application customizations, and stored code continue to be available even if a database server or Google Cloud site experiences failure. The primary database syncs to a secondary database in real time, and the secondary database syncs to two other databases to provide instant redundancy in the event one server fails. Full database backup is performed weekly — with incremental backups running daily — to further minimize risk.
3) For hosted environments, how frequently do you back systems up? This is described in more detail in the hosting agreement.

Uptime Architecture
The UKG Ready database availability strategy relies on SQL Server transaction log shipping to maintain copies of its production database on three different servers. This strategy helps ensure that your data, application configurations, and stored code continue to be available even if a server, SAN, or site experiences failure. The primary SQL database solution consists of two databases built in a cluster to provide instant redundancy in the event that one server fails.

Transaction logs are shipped to another SQL Server in the production environment, thereby creating a local backup SQL server. Transaction log files are also shipped via a secure transmission to an off-site SQL server at the UKG Ready disaster recovery location. Full database backup is performed weekly — with incremental backups running daily — to further minimize risk. 4) Do you undergo a SOC Audit and regular Vulnerability Assessments? The UKG Ready environment has achieved the American Institute of Certified Public Accountants (“AICPA”) SSAE 18 SOC 1 Type II and AT101 SOC 2 Type II criteria for security, availability, and confidentiality. The cloud environment undergoes an annual audit by an independent Tier 1 auditing firm that publishes the SOC Type II reports attesting to the suitability and operating effectiveness of the controls in place. UKG Ready has certified its compliance with the EU/US Privacy Shield Framework. 451
36 36 Kronos SaaShr, a UKG Company Proposal in response to City of Visalia, California Supply And Implementation of Time And Attendance Application RFP , No. 23-24-01 December 19, 2023
5) What are the support hours and where is support based out of? The UKG Partner for Life customer experience amplifies business outcomes with tailored success paths and technical expertise. From our experience and engaged team to our inclusive and collaborative approach, our premium, comprehensive customer experience is included in your subscription and establishes meaningful, lifelong partnerships with you and your organization. For additional information, please see Appendix 1 or click link below:

UKG-Partner-for-Life-Customer-Experience-Profile.pdf
x Support Services
o Support Hours: 8 a.m. - 5 p. m. EST., Monday - Friday, while our SLA is a 30-hour response time to high priority cases, UKG Customer Relationship responds to customer support calls in an average of 90 seconds or less.
o 24x7 Mission Critical Support: Immediate and ongoing support for a critical issue with no available workaround, when the system or a module may be down, major system degradation or data corruption is experienced, or other related factors are present o International Hours vary by geography and product. Please see your sales agreement for specifics.
x Success Services
o Community: Always-on access to rich content, how-to articles, discussion boards, and a direct connection to other UKG customers in your industry o Welcome program: Step-by-step guidance from the beginning of your UKG journey to help you reach your business goals and know what to expect along the way. o Learning and training: Access industry-leading online education portal for change management toolkits and resources, on-demand learning, webinars, live virtual instructor-led courses, and more.
o SuccessCare program: Soon after transitioning into support, meet one-on-one with UKG SuccessCare Advisors, providing you with hands-on coaching, tailored recommendations, and instructions on how to build a strong foundation for selfsufficiency. x Executive Relationships
o Executive Relationship Management: Leverage trusted advisors for strategic guidance to evolve your people strategy and employee experience. Our team helps you reduce administrative burdens, optimize your solution, and support your long-term business initiatives.
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37 37 Kronos SaaShr, a UKG Company Proposal in response to City of Visalia, California Supply And Implementation of Time And Attendance Application RFP , No. 23-24-01 December 19, 2023
6) What are the best methods (i.e., phone, email, client portal, etc.) to get a response from support teams?
UKG offers 24x7 Mission Critical Support - Immediate and ongoing support for a critical issue with no available workaround, when the system or a module may be down, major system degradation or data corruption is experienced, or other related factors are present.

UKG also provides support from 6:30am-1:30am EST, Monday through Friday.

The UKG Customer Relationship Center can be contacted through a single phone, email or web address:
x Telephone: 1 800-394-help
x Email: [email protected]
x Online - from the UKG Customer Support web site: https://community.ukg.com/ 7) Will we have a dedicated account and technology team? UKG staffs a large deployment team that has the breadth and depth of IT experience, technical skills, and UKG application expertise required to manage, support, and maintain your cloud-hosted solution.

Our team members have earned a wide range of technical and security certifications, which prove they have amassed the experience and mastered the skills needed to deliver reliable, high-performance cloud hosting services.

During a typical deployment, your UKG project manager will be your single point of contact, managing a team of resources to meet the requirements of your deployment. We can also provide dedicated project resources for your deployment. This expectation would be discussed and agreed upon as we refine the scope and timeline of the project.
8) How often are major upgrades released?
UKG Ready will provide releases every 4 to 8 weeks. Updates are done globally by our technical team, and the release distribution typically occurs in the overnight hours on a weekend to have minimal impact on our customers. Since there is nothing an end user must do to upgrade, customers are always on the most recent release. Our product direction is to continually offer new functions and features within the UKG Ready suite of products – while updating the technology stack on a frequent basis. 9) How often are minor or hotfixes released?
UKG Global Support will send system administrators a notification for all system updates. These notifications will also be posted in UKG Community.
x Service Packs: Weekly — updates typically occur on Wednesdays x System Maintenance: 24-hour notice — updates typically occur during the weekend 10) Explain a typical upgrade path when moving from one version to another.

Updates are done globally by our technical team, and the release distribution typically occurs in the overnight hours on a weekend to have minimal impact on our customers. Since there is nothing an end user must do to upgrade, customers are always on the most recent release. Our product direction is to 453
38 38 Kronos SaaShr, a UKG Company Proposal in response to City of Visalia, California Supply And Implementation of Time And Attendance Application RFP , No. 23-24-01 December 19, 2023
continually offer new functions and features within the UKG Ready suite of products – while updating the technology stack on a frequent basis.
11) Please provide your standard format for importing data from 3rd party systems.

The UKG Ready Integration HUB is an integrated component of the UKG Ready HCM platform. Unlike standard APIs that simply push and pull data to and from UKG Ready, the innovative toolset supports more sophisticated interfaces that extract, transform, and load data across multiple third-party systems including other HR applications, finance programs, or ERP systems. It can be used for integrations, historical data loads, and custom connections to keep HCM and other critical business processes running smoothly and efficiently.

UKG Ready also provides the ability to integrate with other system through API’s using File Exchange, REST and SOAP API's. A detailed list of the API library can be provided upon further discovery. 454
RFP NO. 23-24-01
Supply and Implementation of Time and Attendance Application (Human Resources/Information Services)

Page 1 of 27 ends

CITY OF VISALIA, CALIFORNIA
REQUEST FOR PROPOSALS (RFP) NO. 23-24-01

SUPPLY AND IMPLEMENTATION OF

TIME AND ATTENDANCE APPLICATION
DESCRIPTION:

The City of Visalia is inviting proposals from qualified vendors for Supply and Implementation of a Time and Attendance application as specified in this Request for Proposals.

This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project is American Rescue Plan Act Funds (ARPA).

PROPOSER CONFERENCE:

On Thursday, November 30, 2023, a virtual conference will be held via TEAMS at 1:00 P.M. (Pacific Standard Time). Interested Proposers are encouraged to participate by emailing their contact information to the Purchasing Division: [email protected] to be listed on the attendance roster and provided with the meeting log-in/call-in phone number. This is an opportunity to ask questions regarding the project and the Request for Proposal requirements.

SUBMITTAL DEADLINE:

One (1) unbound original, and four (4) copies, plus one (1) copy on flash drive must be received no later than: 2:00 P.M. (Pacific Standard Time) on Tuesday, December 19, 2023. Proposals received after the time and date stated above shall be returned unopened to the proposer. Emailed Proposals will not be accepted.

SUBMITTAL INSTRUCTIONS:

Addressed to: Purchasing Division
707 W. Acequia Avenue, Visalia, CA 93291
From: Proposer’s Name & Mailing Address
Mark envelope: RFP No. 23-24-01
Time and Attendance Application
INQUIRIES: Questions/clarification of this document or the scope of services should be addressed to the Purchasing Division (559) 713-4334. To prevent misinterpretation, the Purchasing Division prefers that all questions be sent in writing via email [email protected]. Questions may be asked at any time prior to, but no later than Thursday, December 7, 2023. 455
RFP NO. 23-24-01
Supply and Implementation of Time and Attendance Application (Human Resources/Information Services)

Page 2 of 27 ends

CITY OF VISALIA, CALIFORNIA

REQUEST FOR PROPOSALS
RFP-23-24-01
SEALED PROPOSALS will be received by the Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 2:00 P.M. (Pacific Standard Time) on Tuesday, December 19, 2023 for:

Supply and Implementation of a Time and Attendance Application The City of Visalia is inviting proposals from qualified vendors for its Request for Proposal (RFP) for a Time and Attendance application, with optional scheduling capabilities. The ideal application should offer a seamless user experience across all the components mentioned below. The City does not have a preference on software system architecture between cloud-hosted or on-premise software systems. While a fully integrated application is preferred, multiple applications that work seamlessly together could also be considered as a solution for Visalia's needs.

Informational Conference: On Thursday, November 30, 2023, a virtual conference will be held via TEAMS at 1:00 P.M. (Pacific Standard Time). Interested Proposers are encouraged to participate by emailing their contact information to the Purchasing Division: [email protected] to be listed on the attendance roster and provided with the meeting log-in/call-in phone number. This is an opportunity to ask questions about the project and specifications.

RFP Documents: Contract documents may be obtained in the office of the Purchasing Division, 707 W. Acequia Ave., Visalia, California 93291 or by calling (559) 713-4334, or may be downloaded from BidNetdirect by registered users. To register with BidNetdirect, please see the City’s web site: www.visaliapurchasing.org.

The City hereby affirmatively assures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of age, race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.

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. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. 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 rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

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

Legal Ad Dates: 11/17/23 & 11/22/23
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Title TABLE OF CONTENTS page
I. Definitions.........................................................................................................................................5 II. Introduction......................................................................................................................................5 A. Information .........................................................................................................................5 B. Background .........................................................................................................................6 C. Purpose and Objective........................................................................................................7 D. RFP/Agreement Schedule ...................................................................................................7 III. Scope of Services/Project.................................................................................................................8 A. Basic Operation & Requirements........................................................................................7 B. Project Management ..........................................................................................................7 C. Change Management..........................................................................................................8 D. Documentation ...................................................................................................................9 E. Testing.................................................................................................................................9 F. Interfaces ............................................................................................................................9 G. City Responsibilities ..........................................................................................................10 IV. Proposal Content and Format Requirements................................................................................10 A. General Information .........................................................................................................10 B. Proposal Project Approach ...............................................................................................11 C. Staff Qualifications and Related Experience .....................................................................11 D. Proposed Fee Structure and Schedules ............................................................................12 E. Conflict of Interest ............................................................................................................12 V. Consultant Selection Procedure.....................................................................................................12 A. Criteria & Weight ..............................................................................................................12 B. Background Check.............................................................................................................13 C. Award of Contract.............................................................................................................13 VI. General Conditions ........................................................................................................................14 A. Important Notice...............................................................................................................14 B. Contracting Agency ...........................................................................................................14 C. Legal Responsibilities........................................................................................................14 D. Insurance...........................................................................................................................14 VII. Contract Requirements ..................................................................................................................16 A. Withdrawal of Proposals...................................................................................................16 B. Rejection of Proposals.......................................................................................................16 C. Evaluation/Award of Contract ..........................................................................................17 D. Proposal Pricing Guidelines...............................................................................................17 E. Assignment of Contract.....................................................................................................17 F. Right to Require Performance ..........................................................................................18 G. Ethics in Public Contracting...............................................................................................18 H. Equal Employment Opportunity .......................................................................................18 I. Venue ................................................................................................................................18 J. Proprietary Information....................................................................................................18 K. Incurring Costs ..................................................................................................................19 L. Firearms Prohibited ..........................................................................................................19 M. Executive Order – Russian Sanctions................................................................................19 VIII. Measurement and Payment..........................................................................................................19 IX. Special Conditions Applicable to this Federally Funded Project............................................... 19 A. Required Bonds................................................................................................................19 B. Federal Uniform Guidance 2 CFR Part 200.......................................................................19 X. Sample Professional Services Agreement................................................................................ 20-27 457
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Additional Attachments (must be completed and returned with Response to RFP) Attachment 1: Disclosures
Attachment 2: Federal Forms and Clauses with signature page.

Attachment 3: Specifications Checklist and Proposer Questionnaire 458
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I. DEFINITIONS
For the purposes of RFP No. 23-24-01, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. “Bidder”, “Vendor”, “Supplier”, “Consultant”, “Contractor” and “Sub-recipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

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

5. “RFP” means Request for Proposal No. 23-24-01.

II. INTRODUCTION
A. Information
The City of Visalia is inviting proposals from qualified vendors for its Request for Proposal (RFP) for a Time and Attendance application, with optional scheduling capabilities. The ideal application should offer a seamless user experience across all the components mentioned below. The City does not have a preference on software system architecture between cloud-hosted or on-premise software systems. While a fully integrated application is preferred, multiple applications that work seamlessly together could also be considered as a solution for Visalia's needs.

Basic Operation and Requirements
· Time Tracking
· User Management
· Leave Management
· Reporting and Analytics
· Security
· Scalability
· Integration
Highly Desirable Components
· Shift Scheduling
· Mobile Compatibility
· Availability Management
· Real-Time Updates
· Communication Tools
This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project is American Rescue Plan Act Funds (ARPA).

This Request for Proposals is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the Purchasing Division, at (559) 713-4334. To avoid miscommunication, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected] Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers are encouraged to submit any questions or items for clarification in writing to the above email address. 459
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B. Background
About the City
The City of Visalia, CA (“vy-sail-yah”) covers 37 square miles with a diverse population of nearly 145,000 that is growing at an estimated rate of two percent per year. Visalia is located in the San Joaquin Valley, a large and agriculturally rich basin that runs through the center of the state. It is located at the junction of Highways 99 and 198, on the western side of the majestic Sierra Nevada Mountain Range. Visalia sits 185 miles north of Los Angeles and 225 miles south of San Francisco.

Additionally, Visalia is surrounded by many opportunities to explore the great outdoors. Often referred to as the “Gateway to the Sequoias,” Visalia is the closest major city to Sequoia and Kings Canyon National Parks, home to some of the largest trees on Earth, the Giant Sequoias.

The City of Visalia has 683 allocated full-time positions and typically employs an additional 100-200 hourly (temporary/seasonal) employees throughout the year. Of that total, there are approximately 168 sworn Police Officers and 75 sworn firefighters.

City’s Current Environment
The City of Visalia (Visalia) went live with the Stromberg Enterprise software in 2009. This system is hosted on-site (non-cloud). The maintenance of employee accounts and auditing of timesheet data is completed with a thin-client vendor-software called “Stromberg Administration Module”. Both employee and supervisor access to enter time or perform approvals is done with the web-based platform. For departments who assign employees to a time clock, biometric fingerprint scanner is the primary means of entering time.

Fire and Police use the Telestaff software, which was acquired in 2009. There are two on-site environments, not on the cloud, with distinct URLs tailored for Police and Fire access.

Currently, an Excel spreadsheet is used by the Police Department to manage seniority and overtime information, which is then integrated into a paper document for manual shift bidding. Although this process has been established for some time, the aim is to transition to a more contemporary system.

The Fire department utilizes the Telestaff List Chain module to facilitate shift bidding, which is a feature that they would like to see included in the new application. Moreover, the Telestaff system integrates with ImageTrend Elite, a National Fire Incident Reporting System.

Each public safety department exports its timesheet data through a single webpage that calls a customized backend script. The data is then stored in a preformatted structure suitable for use with the Stromberg loading utility software.

Although the Stromberg Enterprise software has been stable and fulfilled the City of Visalia's requirements for several years, its technology has become obsolete and lacks modern application enhancements such as independence from deprecated Active X controls and lacks compatibility with modern browsers like Chrome, Safari, and Firefox. While users can still input their time into the system, use of this technology is dependent on the Microsoft Edge browser. A prime concern, with no vendor support, is a future browser update could cause the Stromberg Enterprise web environment to become inoperable with the Edge browser.
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C. Purpose, Objective and Services to be Provided
The City of Visalia is procuring a Time and Attendance application System and expects the proposer to provide the software and services.

The desired solution will include, but not be limited to:
• Software and Online Solutions
• Web-based Installation
• Implementation
• Training
• Written user guides.
• Ongoing support.
• Conversion of data from the current environment.

A proposal should include all training, support, annual fees, maintenance and upgrade fees, implementation, and conversion to make usage successful and turn-key.

D. RFP/Agreement Schedule
Activity Wed
RFP Available to the Public Wednesday, November 15, 2023 Proposer Conference @ 1:00 p.m. - Virtual Thursday, November 30, 2023 Deadline for Written Questions Thursday, December 7, 2023 RFP Submission Deadline @ 2:00 p.m. Tuesday, December 19, 2023 Review RFP responses, short list established, vendors
notified, and interviews and/or demonstrations December 19 – January 12, 2024 Consultant Interviews, presentations/demonstrations (if required) By or before March 1, 2024
Consultant Selection & fees negotiated By or before March 15, 2024 Council approval of contract & contract execution March/April, 2024 (Estimated Date) Initial meeting with City staff April/May 2024 (Estimated Date) Work with City Staff - clarifications, programs, etc., if applicable tbd
Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.

III. SCOPE OF SERVICES/PROJECT
A. Basic Operation and Requirements
Basic operations and requirements should include:
• Time tracking methods should include web-based time entry and biometric devices. All devices must be capable of displaying accrued leave balances, supporting multiple work schedules, and requests for time off.
• The system should provide configurable rules, ensuring flexibility and adaptability to diverse requirements, such as leave balance management and preventing entries without valid leave balances.
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• The system must support multiple flexible work schedules. • The system must provide services and support to manage user access to specific modules and data.
• The system should be capable of handling approval workflows. • Authorized users must have the capability to modify employee data within the system. • The system can seamlessly accommodate and manage multiple wage rates. • Measures must be in place to ensure data collection is secure, and only authenticated employees can access the platform.
• The system must generate standard and customizable reports which aid in time tracking; employee leave management; security: access, authorization, and authentication; and employee scheduling.
• Apply cost accounting to worked hours and select from a pre-defined list of accounts or manually enter a GL account.
• The City utilizes CentralSquare Finance Enterprise software for payroll processing. The ability to exchange data between the finance system and the timekeeping system is required.

Highly Desirable Components:

Shift Scheduling
• Incorporate rules and policies to conduct complex employee scheduling. • Automate shift bidding process.
• Electronically process requests for availability, time off, and shift trades. • Communicate with employees in real time.

B. Project Management
The contracting firm will be responsible for collaborating with designated City staff in applying project management methodologies in the areas of project planning and implementation; including resource management, project monitoring, configuration management, quality assurance, test planning and execution, training plan, post-implementation support and documentation.

The Proposer must present a comprehensive project plan showing the time and resources required to accomplish tasks. The plan should include five major phases at a minimum: planning, data conversion, testing implementation and post-implementation.

The Proposer will provide a Project Manager who, along with the City’s designated Project Managers, will be responsible for coordinating the following:
• Project plan development and implementation project status reporting and any subcontractor work. • Requested system changes and modifications to the project plan. • All technical, educational, documentation and support services During the course of the project, until final System acceptance, the contacting firm’s Project manager will:
• Attend regular weekly project status meetings (Teams or Zoom, by phone, or in person) • Submit regular weekly status reports, covering such items as:
o Progress of work being performed
o Milestones attained
o Resources expended
o Problems encountered
o Corrective action taken
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C. Change Management
The City expects the Proposer to work with City personnel to identify process changes, as well as develop training tools and materials to facilitate the transition to the new system using new and current business processes.

D. Documentation
Documentation must be developed to support the software, as well as City businesses processes pertaining to the software. Any software tools or utilities that are desirable to tune, test, maintain or support the System must be specified in the documentation. Any tailoring or configuring must be documented and delivered to the City.

At a minimum, the contracting firm will provide the City with the following where applicable:
• User documentation, including “cheat-sheets” and quick reference guides • Configuration documentation
• Configurable documentation (saas “software as a service” / cloud platforms) • Interface documentation
• System administration materials
• Application software tutorials
• Data dictionaries
• Database setup and maintenance guidelines
• Entity relationships diagrams
• System documentation
• Documentation for web services/interface definitions
• First-level triaging/troubleshooting for agency help-desk • Help desk support call escalating process
• Disaster recovery manual
All user documentation listed above should be available online and/or accessible from within the relevant application. If not available online or within the program, the Proposer is expected to provide sufficient copies of each type of user documentation such that each Department and Division, at a minimum will receive a copy.

E. Testing
The implementation must include adequate provisions for functional, performance and reliability testing. The City requires Proposer involvement in the development and execution of all test plans to assure the System delivers the expected results. Satisfactory completion of a mutually agreed-upon Acceptance Test for each stage of the implementation is required, as is a Final Acceptance Test in a fully integrated environment (to ensure components work together as intended). A fully integrated environment has all imports and exports working properly and is error-free. The Acceptance Test will include confirmation of each functional requirement identified in this RFP, in addition to required performance and reliability acceptance procedures that the City may require.

F. Interfaces
The following interfaces and integrations should allow functionality with existing systems.

Name Type Description
Authentication Integration
(highly desired)
On-premise solutions utilize Microsoft Active Directory for single-sign-on, and cloud-based solutions utilize Microsoft Azure AD/SAML.

Electronic Mail (Email) Integration
(optional)
Office 365 to be used for e-mail and calendar integration features.

Employee Timesheet Data Interface –
CSV format
From the Proposer system which fits the Business logic
and format as described in Appendix A to be uploaded into CentralSquare Finance Enterprise.
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Employee Add / Updates Interface A file from the City’s CentralSquare Finance Enterprise with employee data. The proposed system must-have business
intelligence to process an employee and determine whether the information is new or updated.

Employee Terminations Interface File from CentralSquare Finance Enterprise. List of employee(s) who have separated from the City. The
proposed system must have the business intelligence
to process the record(s) to apply changes to the system.

Employee Leave Balances Interface A file from the City’s CentralSquare Finance Enterprise with employee Leave balances. The proposed system must
have the business intelligence to process the record(s) to apply changes to the system.

Raw Data Access Export
(optional)
Raw data access (API via REST if cloud) or SQL.

G. City Responsibilities
• Compensate the consultant as provided in the contract agreement. • Provide a “City Representative”, who will represent the City and who will work with the consultant in carrying out the provisions of the RFP. The Consultant shall communicate with the City representative who will provide the following services:
• Provide consultant with or contact with the appropriate department or staff related to documentation, if recently completed, available, applicable and necessary for completion of Consultant’s work.
• Examine documents submitted to the City by the Consultant and render timely decisions pertaining thereto.
• Give reasonably prompt consideration to all matters submitted by the Consultant for approval to the end that there will be no substantial delays in the Consultant’s program of work. • Process invoices submitted by Consultant.
• Act as coordinator between Consultant and other City representatives.

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

A. General Information
• Firm name, address, telephone number, fax number and email address. • Name of Account Representative or other person to contact for clarification of any item contained in the proposal. Include telephone number, fax number and email address if different from above. • Specify type of organization (individual, partnership or corporation) and if applicable indicate whether you are:
a. Small Business.
b. Disadvantaged Business.
c. Minority and/or Women-Owned Business.
• Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person needs to be identified. 464
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• Provide your Dun and Bradstreet Number
• Provide surety information for all sureties – General and Automobile Liability, E/O and Worker’s Compensation
• References and Referrals
B. Proposed Program Approach
Summarize your approach and understanding of the project and any special considerations of which the City of Visalia should be aware. Indicate clearly, the levels of participation you will expect from City of Visalia staff in the fulfillment of the contract.

Any exceptions to the requirements of the RFP should be clearly delineated in this section.

In addition, you are invited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.

The information in this section will aid the City in the refinement of the scope of work during contract negotiations.

C. Staff Qualifications, Related Experience and Annual Reports

1. Staff Qualifications and Experience
This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related experience and their proposed roles for this contract. Note: Consultant may not substitute any member of the project team without prior written approval of the City.

If your firm intends to subcontract any of the services required under this RFP it should be discussed in this section. Detailed information for each subcontractor must be provided.

2. Related Experience
Include descriptive information concerning the experience of the firm. Include information about previous projects that might be comparable, including the size and type of projects and the scope of services provided. These projects must demonstrate that the consultant has experience in the implementation of time and attendance applications similar to the requirements called out in this RFP.

In addition, provide references for the three (3) most comparable projects for which your firm has provided, or currently is providing, similar services in the past three years.

List the projects in reverse chronological order and provide the following information for each project:

Indicate for each of these projects:
• Type of Project/Contract
• Project location (business address)
• Brief description (type of contract, functional components, special considerations) • Name of owner/entity
• Name of owner's contact person and telephone number (contact person, who, at the time of RFP submittal, will be employed by the owner)
• Your firm's specific involvement
• The Total contract amount awarded vs the Final Contract amount at end of project. • Status of completion.
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3. Annual Reports
Include the most recent year’s annual reports meeting either GAAP standards or non-GAAP comparable reporting.

D. Proposed Fee Structure and Schedule (Under separate sealed cover) The Proposed Fee Structure and Schedule shall be provided under separate, sealed cover (envelope) as a part of the RFP submittal. Only one (1) sealed envelope containing Proposer’s Fees is requested.

Provide proposed fees and cost information and recommend a budget plan for all services to be provided in the following format:

Proposers should review the requirements of this RFP and address all services in this fee schedule that might reasonably be expected to support the project. Indicate how the City will be invoiced for services, i.e., by task completed. information should be detailed and broken down by type of service and units of work or other applicable measure. Proposers should endeavor to provide a comprehensive, fee schedule, as the City will not include compensation in the contract for items not addressed.

Include a total cost to provide services, based on the consultant’s fee schedule and the scope of work as outlined in this RFP. This cost will be used as a basis for negotiations.

The fee proposal submitted under separate, sealed cover, along with the proposed project approach, will be used as a basis for any contract negotiations. The actual scope of services and fees included in the contract may be negotiated and may vary to satisfy the City’s actual needs.

E. Conflict of Interest
• Disclose any financial, business or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project.
• List current clients who may have a financial interest in the outcome of the project V. CONSULTANT SELECTION PROCEDURE
Selection of the successful proposal shall be generally based on the information provided by the Consultant in response to the Request for Proposals and any subsequent interviews that may be conducted.

Consultant interviews will be held solely at the option and discretion of the City of Visalia.

The process for selection shall occur in the following sequence:

I. Review Proposals
II. Establish a “short list” of three or more firms
III. Interviews/Presentations by “short-listed” firms (at the option and discretion of the City) IV. Demonstration of products of top ranked Proposers
V. Identify best qualified firm
VI. Determine which, if any, alternates will be selected, and negotiate a fee VII. Award contract
A project Selection Committee, as deemed necessary, will be formed to evaluate the proposals and to make recommendation to the Visalia City Council. This committee may consist of representatives of the user department, members of other City Departments, and may include a representative knowledgeable in Time 466
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and Attendance Applications from outside of the community. Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee members, should one be formed, will not be released prior to the time for interviews.

The Committee will review the proposals for format to ensure conformance with the requirements of the RFP and may select finalists to interview/make presentations or give demonstrations to the Committee as a part of the Committee’s evaluation process. The City does not guarantee that an interview will take place, thus reserving the right to select a consultant based solely on the information provided in the proposals received in response to the RFP. Should an interview take place, the key personnel responsible for fulfilling the requirements of the project shall be required to be present for the interview.

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

Criteria Explanation Weight/Points
Merit of Proposal Submitted /
Presentation
• Thoroughness of Proposal Submitted
• Required Forms completed & submitted 15
Experience, Qualifications of
the Firm
• Background information on
company/organization
• Adequacy of Staff to perform the work specified
• References
• Ability to work effectively with City staff, other
public agencies and related parties
15 Experience & Qualifications of
Personnel & Record of Past
Performance
• Experience & qualifications of the Proposer’s
team in working on similar projects and with
local government
15 Experience- Specific to Time
and Attendance Applications
• Past Projects (size and similarity to those
specifications described in this RFP) 20
Responsiveness & Ability to
Provide Services and meet
needs of the City of Visalia
• Proposer Responses to Attachment 3 (including
questionnaire) 35
Prior to the award of contract, the City must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.

B. Background Check
The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

C. Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft 467
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Agreement may be altered from the enclosed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

VI. GENERAL CONDITIONS
A. Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, to contact the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addendums were issued and to make such addendum a part of the proposal.

B. Contracting Agency
The contract resulting from this Request for Proposals will be administered by the City of Visalia Information Services Department and the Purchasing Division.

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

Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project (if any). Contractor shall comply with all applicable labor laws and ensure against discrimination.

Permits and Licenses

1. Business Tax Certificate
Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Consultant shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work.

Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326.

1. Professional License
Consultant is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California.

2. Permits
Consultant shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals.

D. Insurance
Indemnification and Insurance
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As respects acts, errors, or omissions in the performance of services, CONTRACTOR agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of CONTRACTOR’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.

CITY agrees to indemnify and hold harmless CONTRACTOR, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONTRACTOR agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with CONTRACTOR’s (or CONTRACTOR’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

Without limiting CITY’s right to indemnification, it is agreed that CONTRACTOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
• Workers’ Compensation insurance as required by California statutes. • Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
• Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
• Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given”, In addition, the Commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
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The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should contractor cease to have insurance as required during any time, all work by contractor pursuant to this agreement shall cease until insurance acceptable to the City is provided.

VII. CONTRACT REQUIREMENTS AND ACCEPTANCE OF

PROPOSAL CONTENT
Before submitting a proposal, proposer’s must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Visalia, upon which the offeror will rely.

The submission of a proposal shall be considered conclusive evidence that the proposer has carefully investigated all conditions that affect, or may at some future date affect the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.

No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

Should the proposer feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal.

The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.

A. Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division. The request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

B. Rejection of Proposals
Failure to meet the requirements of the RFP may be cause for rejection of the proposal. The City may reject the proposal if it is deemed incomplete, contains irregularities of any kind or is offered conditionally. The City reserves the right to reject any and all proposals without cause.

The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the proposer, may be cause for rejection of the proposal. If, in the opinion 470
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of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.

C. Evaluation/Award of Contract
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by a Selection Committee. This committee may consist of representatives of the user department, members of the community, the Purchasing Division, and may include a representative knowledgeable in engineering services from outside of the community. In connection with its evaluation, the City may, at its option, invite one or more proposers to make an oral presentation to the Selection Committee. During these interviews, the proposers will be allowed to present such evidence as may be appropriate in order that the Committee can correctly analyze all materials and documentation submitted as a part of the proposals.

The award, if made, will be made within ninety (90) days from proposal closing date. Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:

1. Proposer is an independent contractor, not an employee, agent, or officer of the City.

2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should proposer be awarded contract, proposer shall not assign contract, or any part thereof, or any moneys due or to become due thereunder, without prior consent of the City.

Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its consultants, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

Proposer warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under the contract.

D. Proposal Pricing Guidelines
Proposer shall provide proposed fees and cost information as a part of this Request for Proposals.

Proposed fees shall be submitted under separate, sealed cover and in great detail.

E. Assignment of Contract
No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred. 471
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F. Right of Requirement Performance
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

G. Ethics in Public Contracting
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

Prior to the award of any contract, the potential Consultant may be required to certify in writing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Reasonable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.

H. Equal Employment Opportunity
During the performance of the contract, proposer agrees to the following:

1. Proposer shall comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, County of Tulare and City of Visalia laws and ordinances related to employment practices.

2. Proposer shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

3. Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.

I. Venue
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

J. Proprietary Information
The proposals received shall become the property of the City of Visalia and are subject to public disclosure.

Proposal prices and information submitted by proposers will be made available to proposers after City Council has approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably 472
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marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.

K. Incurring Costs
The City of Visalia is not liable for any cost incurred by proposers in responding to this Request for Proposals.

L. Firearms Prohibited
Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

M. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “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. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. 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 rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

VIII. MEASUREMENT AND PAYMENT
A. Billing and Payment
Awarded Vendor is responsible for assuring that all services arising from the agreement are billed at the correct and applicable contract prices. The vendor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur.

IX. SPECIAL CONDITIONS APPLICABLE TO THIS FEDERALLY

FUNDED CONTRACT
A. Required Bonds
Awarded Consultant shall be required to submit a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for the full, complete and faithful performance of the agreement. In addition, Awarded Consultant shall be required to furnish a Payment Bond in the amount of one hundred percent (100%) of the agreement if subcontractors are proposed to be used to complete this project.

According to City standards the surety company must be either a California Admitted Surety OR current Treasury Listed Surety (Federal Register) to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

B. Federal Uniform Guidance 2 CFR Part 200.

All federal procurement requirements provided in Uniform Guidance 2 CFR Part 200 shall be in effect.

Attachment 2 of this RFB “Federal Forms and Clauses” with signature page, outlines the applicable Federal Requirements. This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA). 473
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X. SAMPLE AGREEMENT

PROFESSIONAL SERVICES AGREEMENT FOR

IMPLEMENTATION OF TIME AND ATTENDANCE APPLICATION
This Agreement, entered into this ________ day of ________________, 20____, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the completion of the items of work described as “Scope of Services” in RFP No. 23-24-01, which along with the response submitted by CONSULTANT is attached as Exhibit “A”, and hereinafter referred to as the “PROJECT”; and WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement; and
WHEREAS, this project will be supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA).

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Services, which shall be the Scope of Work for the project as described in RFP No. 23-24-01 unless the parties agree in writing to modify the Scope of Work as stated in the RFP, for the cost identified in Exhibit “B” - Project Fee.

B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit “A” may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “C” – Consultant Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.

II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days of the effective date on the Consultant’s written Notice to Proceed and shall complete the work within the timeframes outlined in Exhibit “B”, unless otherwise extended in writing by CITY, in its sole discretion.

If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.
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CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.

III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, a lump sum amount of _______________________________________ dollars ($ ) as shown in Exhibit “B”. This amount shall constitute complete compensation, including document production and out-of-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”. CONSULTANT agrees these amounts, as authorized, will constitute complete compensation, including document production and out-of-pocket expenses, for services authorized by CITY for the PROJECT per the Scope of Work, Project Fees, and Schedule identified in Exhibit “A”, “B”, and “C”, respectively. No other compensation is authorized by this Agreement without separate written amendment.

B. Payment of Compensation: The CONSULTANT shall be compensated no more than monthly, based on percentage of work of each noted phase completed to date. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.

IV. AUTHORIZED REPRESENTATIVE
A. CITY: The _____________________ shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.

B. CONSULTANT: ______________ shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.

V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination Without Cause: The CITY may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and 475
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without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub-consultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the sub-consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation Provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.

VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

VII. NO PERSONNEL, AGENCY OR COMMISSION
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

VIII. SUBCONTRACTING
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A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.

IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

X. SPECIFICATIONS
All specifications, manuals, standards, data collection, analysis, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XI. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY. Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes. Should CONSULTANT place a copyright notice on documents it must state, “City of Visalia holds a nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the material for government or public purposes.”
XII. INDEMNIFICATION AND INSURANCE
As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, and employees from and against any and all claims, demands, losses, reasonable defense costs, or liability, whether actual, alleged, or threatened, that arise out of, pertain to, or 477
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relate to the negligence, recklessness, or willful misconduct of the CONSULTANT in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.

A. CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all losses, defense costs, or liability to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

B. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

C. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the CITY nor the CONSULTANT, their respective officers, directors, partners, employees, contractors or sub consultants shall be liable to the other or shall make any claim for any remote or speculative breach of contract damages that the breaching party could not have reasonably foreseen when entering into this Agreement. To the extent this Agreement is considered a “Construction Contract” as defined by California Civil Code section 2783, CONSULTANT’s duty to indemnify CITY under this or any other provision of the Agreement shall not apply when to do so would be prohibited by California Civil Code section 2782.

D. Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:

1. Workers’ compensation insurance as required by California statues.

2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

4. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

F. CONSULTANT agrees to provide thirty (30) days written notice of any policy cancellation, limitation in scope or coverage, or non-renewal. Such notice shall be provided to the, City of Visalia, 707 W. Acequia, Visalia, CA 93291.

In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
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“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.”
G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

H. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subcontractor’s performance of the work covered under this Agreement.

XIII. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

IV. MISCELLANEOUS PROVISIONS
A. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

B. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.
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C. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

D. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

E. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

F. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

G. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

H. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

I. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

L. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

M. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
_____________________________
_____________________________
(Attention)
_____________________________
Phone:_______________________
Email:________________________
480
RFP NO. 23-24-01
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Page 27 of 27 ends

N. Executive Order N-6-22 – Russia Sanctions 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 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.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CITY OF VISALIA CONSULTANT
__________________________________ ___________________________ City Manager Date Date
Approved as to Form
__________________________________
City Attorney Date
_________________________________
Risk Manager Date
_________________________________
Project Manager Date
Exhibit “A”: Accepted Scope of Work as Negotiated by the City and the Consultant Exhibit “B”: Accepted Project Schedule and Fee as Negotiated by the City and the Consultant Exhibit “C”: Consultant Schedule of Fees
481
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0382 Agenda Date: 9/16/2024 Agenda #: 15.

Agenda Item Wording:

Fire Department Grant Authorization - Authorize staff to submit a grant application for the 2024 Cal Water Firefighter Grant Program for the replacement of eight (8) Automated External Defibrillator’s (AED’s) for Fire Department Administrative Vehicles in the amount of $18,538.79, to accept the grant and appropriate $18,538.79 if the grant is awarded.

Deadline for Action: 9/16/2024
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, x4220; Tom Van Grouw, x4265; Crissy Balderama, x4513
Department Recommendation:

Staff recommends City Council authorize personnel to apply for the 2024 Cal Water Firefighter Grant Program for the replacement of eight (8) AED’s for Fire Department Administrative Vehicles in the amount of $18,538.79. Staff also recommends Council authorizes staff to accept the grant and appropriate funds if awarded.

Background Discussion:

Cal Water recently opened its sixth annual Firefighter Grant Program applications to fire departments in its district, as part of its ongoing commitment to local first responders. Cal Water’s Firefighter Grant Program has provided more than $854,000 in grants to local fire departments since the program started in 2019. Grants last year ranged from $5,400 to $36,900 to fund fire protection efforts, equipment, training, and education.

Visalia Fire Department would like to request City Council authorization to apply for the replacement of eight (8) AED’s for Fire Department Administrative vehicles in the amount of $18,538.79. Current AED’s are over nine years old.

Personnel would like these AED’s in the following vehicles: ADM51 (EMS Coordinator), C50 (Fire Chief), B57 (Administrative Battalion Chief), B58 (A Shift Battalion Chief), B54 (B Shift Battalion Chief), B55 (C Shift Battalion Chief), P51 (Fire Marshal), and T55 (Administrative Training Captain).

When sudden cardiac arrest strikes, the clock is ticking. The faster that treatment is provided with CPR and the use of AED’s, the better the chances of survival. Each minute that goes by without treatment, decreases the chances of survival by 10 minutes. Due to their location within the City of Visalia, administrative fire personnel may be the first on scene to a cardiac incident. Whether CPR has been started by a lay person or not, it is extremely important to have AED’s ready and accessible when they are needed. A combination of high-quality CPR and early defibrillation are two factors Visalia City Council Page 1 of 2 Printed on 9/13/2024
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increasing the survivability of a person suffering from cardiac arrest.

Fiscal Impact: If awarded, staff requests appropriation of $18,538.79 from the General Fund to purchase eight (8) AED’s. This amount will be reimbursed by the 2024 Cal Water Firefighter Grant Program.

Prior Council Action: N/A
Other: N/A
Alternatives: Deny the request to apply for the 2024 Cal Water Firefighter Grant and consider this project during a future capital improvement program budget.

Recommended Motion (and Alternative Motions if expected):

I move to authorize personnel to apply for the 2024 Cal Water Firefighter Grant Program for the replacement of eight (8) AED’s for Fire Department Administrative Vehicles in the amount of $18,538.79, authorize staff to accept the grant and appropriate $18,538.79 if awarded.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: N/A
Visalia City Council Page 2 of 2 Printed on 9/13/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0251 Agenda Date: 9/16/2024 Agenda #: 16.

Agenda Item Wording:

Award Contract for Microtransit Software and Vehicles - Authorize the City Manager to award a contract to Via in the amount of $117,600 for microtransit software, award a contract to Model 1 in the amount of $802,417.20 for seven (7) ADA accessible vans, and appropriate funds in the amount of $2,927,160 for the microtransit project.

Deadline for Action: 9/16/2024
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 that the City Council authorize the City Manager to award a contract to Via in the amount of $117,600 for microtransit software, award a contract to Model 1 (formerly Creative Bus Sales) in the amount of $802,417.20 for seven (7) ADA accessible vans, and appropriate funds in the amount of $2,927,160 for the microtransit project.

Background Discussion:

Over the past several years, similar to transit agencies nationwide, Visalia Transit ridership numbers have been slow to return to pre-pandemic levels. In 2022, staff began brainstorming different ideas to make adjustments to combat the low ridership levels on large buses assigned to fix routes. At the time, Visalia Transit staff began discussing a three-year microtransit pilot project with the Tulare County Association of Governments (TCAG) and the Tulare County Regional Transit Agency (TCRTA), who at the time was the local Transit Agency for the County of Tulare and the other seven (7) incorporated Cities
The plan behind the pilot project is to offer smaller vehicles in more flexible service areas in an effort to reduce the costs of the large 35’ buses. In April 2023, staff approached Council with the plan to participate in a three-year microtransit pilot, at which point Council gave its authorization. The data collected from this pilot program will be used to reimagine the entire Visalia Transit system and strategically replace low performing fixed routes with on-demand microtransit service. This service is more flexible and is used with smaller vehicles rather than larger buses that drive in a designated route whether or not there are any passengers onboard.

In August 2023, in participation with the TCRTA, a Request for Proposals (RFP) for microtransit software was released to the public. At the end of that procurement process, Via was selected as the microtransit vendor for the region. Via offers a cloud-based software that passengers will use to book trips using a mobile application. This same application can also collect electronic fares. The flat fare for the trips within the Visalia zone is proposed to be $5 throughout the course of the pilot phase, but Visalia City Council Page 1 of 5 Printed on 9/13/2024
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for the trips within the Visalia zone is proposed to be $5 throughout the course of the pilot phase, but could be modified by Council action. The passenger will set up a profile on the Via app that will be specific to Visalia Transit, and then be able to request a ride on demand. The rider should be able to get picked up within fifteen (15) to twenty (20) minutes to be taken to their destination. Other passengers can and will share the same vehicles when trip patterns align.

Initially, Visalia Transit and the TCRTA had planned to operate the pilot as partners under a single contract. Since that time, Visalia Transit staff determined having a separate contract specifically for Visalia to contract directly with Via would be more advantqeous. Visalia Transit staff, with Council approval, will use the City of Visalia’s Transit Operations and Maintenance Agreement to employ the drivers and perform this program. Visalia Transit will implement microtransit in the Visalia zone initially, and if the microtransit system can be successfully intermingled with the other microtransit systems within the region, the format may vary.

TCAG has agreed to fund this project directly to Visalia with State Senate Bill 125 funds, Measure R, and other funding as outlined in the fiscal impact section below. The TCAG Board of Governors approved this funding request at its August 2024 meeting. The project could be operational for up to three years, depending on the State funding through TCAG available in the third year.

Upon approval by Council, staff will still need to further address some additional items, including fare and fare collection. With this program, passengers will be able to book and pay for their microtransit ride through the mobile application. With that said, staff will need to determine other ways to pay (farebox, tickets etc.) Additionally, this immediate implementation will be to cover only pickups and drop-offs within the Visalia city limits zone. To connect to other zones outside of Visalia, agreements will need to be put in place with other Transit agencies for those jurisdictions to sort out fare, and data collection.

Fiscal Impact:

The three-year pilot program is estimated to cost $4.18 million, which includes all start-up costs as shown in the table below. The operations cost estimate was not calculated using the new transit provider pricing due to these costs being received after discussions had occurred.

Year 1 Year 2 Year 3
FY 24/25 FY 25/26 FY 26/27 Total
Software Start Up Cost $60,000 0 0 $60,000
Annual Software and
Licensing Cost
$19,200 $19,200 $19,200 $57,600
Annual Wifi/Technology
Cost
$5,810 $5,810 $5,810 $17,430
Vehicles & Equipment
Start Up Cost
$877,670 - - $877,670
Annual Operations Cost $1,058,570 $1,058,570 $1,058,570 $3,175,710 Annual Total $2,021,250 $1,083,580 $1,083,580 $4,188,410 Transfer CIP Budget
(VH0316)
$177,670 - - $177,670
BdAii$1843580 $1083580 $1083580 $4010740
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Cost
Vehicles & Equipment
Start Up Cost
$877,670 - - $877,670
Annual Operations Cost $1,058,570 $1,058,570 $1,058,570 $3,175,710 Annual Total $2,021,250 $1,083,580 $1,083,580 $4,188,410 Transfer CIP Budget
(VH0316)
$177,670 - - $177,670
Budget Appropriation $1,843,580 $1,083,580 $1,083,580 $4,010,740 2 Yr Appropriation
Request
$1,843,580 $1,083,580 = $2,927,160
Staff is requesting for the first two years to be appropriated ($2.9 million) as the City operates on a two-year budget only. At the time these funding estimates were provided to funders, not all costs were accounted for. The hours and miles costs for the microtransit were calculated using estimates.

Additionally, staff did not have the IT costs that will be associated with this program. Staff has since received both of those updated cost calculations and are included in the cost shown above. Staff intends to recalculate costs for the third year and provide an additional funding request to TCAG for additional SB 125 monies to fund the entire three-year pilot program, to which TCAG has committed.

Following that additional funding request and approval, staff will return to Council and request additional funding to be appropriated for the third year of the pilot program year.

A breakdown of the vehicle purchase and equipment needed is as follows:

Vehicle Type Cost per unit Number of
units
Total Cost
Class D Van (6 pass) $88,628.26 5 $443,141.30
Class P Van (8 pass) $179,637.95 2 $359,275.90
Model 1 Contract Total $802,417.20
Technology (iPad mini
tablets for payments)
$750 7 $ 5,250.00
Cradlepoint (router) and
network technology
$10,000 7 $ 70,000.00
Total Vehicle & Equipment Cost $877,667.
20 These seven (7) ADA accessible vans (5 smaller, and 2 larger) will be purchased from Model 1, a commercial vehicle vendor, by using $700,000 in advanced Measure R operations funding from TCAG from Visalia Transit’s Measure R future entitlement (scheduled to be approved at the TCAG Board meeting on September 16, 2024) and a transfer of funds from the Visalia Transit Dial-A-Ride (DAR) CIP VH0316 that is currently budgeted. The two (2) larger vehicles will support both microtransit and paratransit services, and by leveraging these funds, Visalia Transit is able to purchase the two (2) larger vans for the paratransit fleet. The existing VH0316 for the purchase/replacement of Dial-A-Ride vehicles is funded by grant 5339. This purchase meets the grant requirements as long as there is a twenty percent (20%) match. With this funding plan, the SB 125 funding provided through TCAG covers almost fifty percent (50%) of the purchase. Model 1 was selected as Visalia Transit’s vehicle vendor through the California Association for Coordinated Transportation (CalACT). CalACT is a professional transit organization of which Visalia Transit is a member. Staff is utilizing the purchasing cooperative options that CalACT has in place with Model 1.

Visalia City Council Page 3 of 5 Printed on 9/13/2024
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File #: 24-0251 Agenda Date: 9/16/2024 Agenda #: 16.
member. Staff is utilizing the purchasing cooperative options that CalACT has in place with Model 1.

The price is based on a competitive bidding process conducted by CalACT.

The ongoing cellular costs associated with these vehicles will be $40 per month per vehicle, and a flat $350 per vehicle per year fee to include wi-fi service on the vehicles. The total cost is $5,810 per year, or $17,430 over the course of the three-year pilot program. Additionally, staff is requesting $75,253 more in vehicle funding to be used to equip the vehicles with iPads, cradlepoint, and wi-fi technology. The iPads will be used to receive payment for ridership. These costs are shown in the table above. At this time, Model 1 is still working on the quote for those components. Once that quote is received by the City, the IT Division will decide if we want to purchase those components internally or through the Model 1. If the IT department decides to purchase from Model 1 following receipt of the quote, staff will go to the City’s Change Order Committee to add the additional funds to the Model 1 purchase order for the technology purchase.

The breakdown of the vehicle cost and funding per vehicle type is as follows:

Vehicle Cost/Funding $ Amount
(5) Class D Van (6 passenger) $443,141.30
Technology $ 3,750.00
Cradlepoint (router) $ 50,000.00
Class D Van Total Cost $496,891.30
TCAG Funding (New Appropriation) $496,891.30
(2) Class P Van (8 passenger) $359,275.90
Technology $ 1,500.00
Cradlepoint (router) $ 20,000.00
Class P Total Cost $380,775.90
TCAG Funding (New Appropriation) $203,108.70
CIP VH0316 Transfer $177,667.20
Class P Total Funding $380,775.90
Prior Council Action:

April 17, 2023 Micro transit pilot approval
Other:

N/A
Alternatives:

Council to instruct staff to not implement microtransit.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award a contract to Via in the amount of $117,600 for microtransit software, award a contract to Model 1 in the amount of $802,417.20 for seven (7) ADA accessible vans, and appropriate funds in the amount of $2,927,160 for the microtransit project.

Visalia City Council Page 4 of 5 Printed on 9/13/2024
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File #: 24-0251 Agenda Date: 9/16/2024 Agenda #: 16.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

RFP for microtransit software services
Via Proposal with Pricing
TCAG Funding request approval
23-0117 microtransit council item April 2023
Class D (smaller van) Model 1 quote
Class P (larger van) Model 1 quote
CalACT LoA and Contract for vehicle purchase
Visalia City Council Page 5 of 5 Printed on 9/13/2024
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July 24, 2024
Via Proposal
for Visalia
Transit
Software-as-a-Service
deployment in Visalia,
CA
566
Proprietary & Confidential.

Working with Via 3
Visalia’s SaaS Solution 5
Service Planning and Design 7
A Continuous Partnership 9
SaaS Pricing 10
About Via 11
2 Table of Contents.
567
Proprietary & Confidential. 3
Serving 750+
communities
across the globe.

Working with Via.

When you plan, operate, and optimize with Via, you’ll see:

We understand the City of Visalia seeks to:

Provide access for all riders
Seamlessly integrate multiple services in one app
Improve efficiency and scheduling for the service
Lower cost per trip.

Increased ridership.

Reduction in wait time.
568
Proprietary & Confidential. 4
Visalia’s Software-as-a-Service
solution.

Via’s Software-as-a-Service (SaaS) Solution is a comprehensive technology system for Visalia. Our platform will provide easy-to-use interfaces for customers, drivers, dispatchers, and administrators, an extensive data analytics suite, and powerful algorithms for booking, scheduling, and dispatching on-demand trips. Via’s on-demand SaaS technology solution includes:
569
Proprietary & Confidential. 5
Visalia’s SaaS solution.

Fleet routing and
optimization algorithms.

Via’s industry-leading routing and ride
assignment algorithms analyze all trip
requests, assign riders to vehicles, and
group passengers traveling in the same
direction into shared rides. Our technology
dynamically updates routes in response to
real-time demand an traffic conditions
Rider App and web booking
portal.

Via’s Rider App – a mobile application
available for free download on iOS and
Android devices – allows customers to
book pre-scheduled, on-demand, and
multimodal trips, track their vehicles, pay
for rides, and troubleshoot any issues.

Riders without smartphones can book
through a web portal, or by calling a
customer service agent over the phone.

Driver App.

Via’s Driver App provides clear visual
navigation as well as spoken instructions
to guide drivers from stop to stop. Drivers
use the app to communicate with system
administrators, dispatchers, and
customers, while the app transmits live
ride data back to the Via system.
570
Proprietary & Confidential. 6
Visalia’s SaaS solution.

Via Operations Center and
dispatch interface.

The Via Operations Center (VOC) is a
web-based interface where administrators
can monitor live operations, manage user
accounts, and communicate with
customers and drivers. The VOC performs
a variety of functions, including checking
trip details, adjusting account information,
accessing operational data, and more.

Data analytics and reporting.

Via leverages sophisticated analytics and
data visualization tools to share
operational data with our partners. This
interface contains a range of data reports
– including NTD reporting – that can be
queried and filtered for specific insights, or
treated as ongoing dashboards to monitor
service performance.

Software support and
maintenance.

Via partners benefit from regular system
upgrades designed to improve all of our
global services. Our servers and cloud
services are monitored continuously, and
a technical support team is on-call 24
hours a day to immediately address
issues.
571
Proprietary & Confidential. 7
Via provides highly sophisticated service planning and design work as a standard part of our SaaS offering. This includes conducting rigorous simulations ahead of launch, along with in-depth analyses and performance reviews on an ongoing basis for the duration of the service. Unlike conventional transportation planning firms, we understand the entire lifecycle of mobility innovation, and leverage our global experience to create bespoke service planning recommendations that are informed by on-the-ground knowhow. In 2023 alone, our proprietary simulation tools generated more than 13,000 scenarios for hundreds of existing and future services.

Below is an overview of our service design methodology:

Service planning and design.
572
Proprietary & Confidential. 8
Service planning and design
573
Proprietary & Confidential. 9
Via works diligently to ensure the success of each of our partnerships. For our service with the City of Visalia, we will designate a Partner Success Manager (PSM) to provide continuous analytical, consultative, and technical support throughout the term of the contract, and who will serve as a first point of contact to ensure the City’s service is continuously optimized for success. The PSM’s support services will include:
● Live technical support. Work with Via’s technical teams to answer questions or address issues as necessary. We will provide a transparent customer service platform powered by Zendesk, through which the City can submit technical support questions and review the status of each request. As Via’s global services operate 24 hours a day, a rotating technical manager will always be on call to resolve any problems that arise. ● Service success management. Organize and lead regular check-ins with project leads and other stakeholders to review performance, collect feedback, and align on next steps for service growth and optimization.
● Ongoing service monitoring. Monitor and analyze service performance data on an ongoing basis, providing advice on how the City can improve service quality, increase ridership, and transition between project phases.
● Product updates. Provide notifications and training (if needed) on new product features, and manage any requests for product enhancements or new features ● Service growth and expansions. Coordinate internal Via resources needed to plan and execute on service expansions, such as fleet size increases, or the introduction of microtransit service zones.

Partner Support
Ongoing Product Improvements
Unlike many of our competitors, our software solution is provided as an all-inclusive service; we do not upcharge for periodic system upgrades or feature refinements, eliminating the risk of excessive add-on costs associated with scope adjustments. Via will regularly upgrade the backend system to improve the City’s product in response to performance metrics and user feedback across all Via deployments. Automatic version upgrades are always performed outside of service hours to minimize the risk of affecting live service.

We constantly build new features in response to product requests from hundreds of Via partners across the globe. As a result, Via’s products are much more feature-rich than other offerings.

A continuous partnership.
574
Proprietary & Confidential. 10
Via’s SaaS pricing is designed to maximize value for the City for the lifetime of the partnership, and includes two fee categories:

Microtransit Software and implementation for the City of Visalia Installation Fee. This one-time fee covers all technical tasks and start-up activities required to launch a successful on-demand platform, including app configuration, relevant data migration, integrations, zone mapping, testing and quality assurance, and staff training.

Monthly Support Fee. After launch, our solution is priced as an all-inclusive monthly per-active vehicle fee, granting ongoing access to Via’s cloud-based software. The fee also covers our reporting suite, Amazon Web Services cloud hosting, and marketing support.

Software Purchase Cost $25,000
Data Acquisition/Conversion $10,000
Training for Staff $10,000
Licensing/ Upgrade of Software $57,600
Installation/Customization $15,000
3 Year proposal for Visalia $117,600
Software-as-a-Service pricing for
City of Visalia.
575
Proprietary & Confidential. 11
Via was established in 2012 with a simple, ambitious mission: to build software that powers the world’s most convenient and efficient public mobility solutions. Inspired by the potential of shared rides to alleviate congestion and reduce single-occupancy vehicle use, our founders applied their knowledge of complex data networks and machine learning to build a digital platform that could optimize the assignment and aggregation of ride requests across a fleet of vehicles.

Over the past twelve years, we have built a suite of software designed to allow cities and transit agencies to transform their legacy transportation systems into smart, data-driven, technology-enabled networks and manage every aspect of public mobility. We offer solutions for microtransit, ADA paratransit, senior transportation, integrated trip planning and payment, electric vehicle (EV) and autonomous vehicle (AV) fleet management, school bus routing, fixed route planning and scheduling through Remix, and Mobility-as-a-Service (MaaS) through Citymapper.

Via’s portfolio also includes Remix, the world’s leading transportation planning software. Via and Remix provide an unmatched suite of tools and services to design, plan, optimize and analyze multimodal transportation systems. Together, we have deployed transit solutions in partnership with over 750 cities and transit agencies in 40 countries around the world. Below is a map of our projects across the globe:

About Via.
576
Proprietary & Confidential.

Prepared by:

Marie Pinna
Partnerships Associate Principal
[email protected]
12 Thank you.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0347 Agenda Date: 9/16/2024 Agenda #: 17.

Agenda Item Wording:

Design Contract Amendment & Appropriation of Funds - Authorize the City Manager to approve Amendment No. 5 with 4Creeks Inc. in the amount of $103,246.00 for additional design services related to the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane and accept and authorize the appropriation of $3,844,000 from the Senate Bill 1 - Local Partnership Formulaic Program (SB1-LPP)
Deadline for Action: 9/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Eric Bons, Senior Civil Engineer, [email protected], (559) 713-4350 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation:

Staff requests City Council authorize the City Manager to execute Amendment No. 5 with 4Creeks Inc. in the amount of $103,246.00 for additional design services related to the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane and accept and appropriate funds allocated from the Senate Bill 1 - Local Partnership Formulaic Program (SB1-LPP) in the amount of $3,844,000.

Background Discussion:

The City of Visalia has a roadway widening project for Caldwell Avenue from Santa Fe Street to Lovers Lane (Rd. 140) which will widen Caldwell Avenue from 2-lanes to 4-lanes with a raised center median, curb, gutter, sidewalk, and a joint use pathway. The County of Tulare also has a project for Caldwell Avenue (Ave. 280) from Lovers Lane to S. Virginia Avenue. The widening of Caldwell Avenue (Ave. 280) within the City of Visalia and the County of Tulare is part of a regional corridor enhancement project from Highway 99 to the City of Exeter to ease congestion along this corridor.

The City of Visalia’s improvements of Caldwell Avenue from Santa Fe Street to Lovers Lane include the extension of the City’s storm drain and sanitary sewer systems within the City’s project limits.

The County of Tulare will be widening Ave 280 (Caldwell Avenue) from 2-lane to 4-lanes of travel.

The contract amendment number 5 with 4Creeks Inc. for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane is for an additional $103,246.00. The amendment is for design services to complete the plans and specifications for the purpose of advertising this project for construction. This contract amendment was reviewed and recommended for approval on August 21, 2024, by the Change Order Committee. The amendment is composed of five tasks: project management, topographic survey, right of way support, civil engineering design, and utility coordination. The original design contract was initiated in 2016 with a funding source that was Visalia City Council Page 1 of 5 Printed on 9/13/2024
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coordination. The original design contract was initiated in 2016 with a funding source that was comprised of local funding. Recently, the city has secured additional funding from the California Transportation Commission (CTC) Senate Bill (SB) 1 Local Partnership Program (LPP) which added some additional requirements due to these funds.

The additional project management is to oversee and coordinate the changes to the plans and specifications to meet the latest Caltrans Standard Plans and Specifications as required with the addition of the SB1-LPP funding for construction. The additional effort is needed due to the duration of the design phase of this project.

The topographic survey is necessary to reflect the roadway improvements constructed along Caldwell Avenue associated with the Diamond Oaks subdivision. These roadway improvements were constructed after the original topographic survey was completed.

Right of way support service is needed to address the changes in ownership of several parcels where road right of way and temporary construction easements were required. Additional right of way coordination between the City of Visalia and the County of Tulare project is needed to align the two projects. Negotiations with the various property owners also generated modifications to the design as it pertains to driveways, fencing, and associated grading.

Additional design services are needed to address the changes to the plans and specifications associated with the additional funding requirements. The implementation of revised design standards, changes associated with the right of way through the negotiation process, and the increases in consultant fees during the design phase of this project necessitates the additional effort to complete the plans and specifications so the project can be advertised for construction.

The coordination of utilities is necessary to ensure the timely relocation of the existing utilities during the construction phase of this project. Most of the utility relocation costs are covered by the franchise utility agreements so the cost of the relocations will be minimized.

The table below is a summary of the design contract amendment.

Item
No.

Description of Task Net
Increase
Net
Decrease
Total
Change

5.1 Project Management $14,339.00 $14,339.00

5.2 Topographic Survey $4,480.00 $4,480.00

5.3 Right of Way Support $7,300.00 $7,300.00

5.4 Civil Engineering Design $70,407.00 $70,407.00

5.5 Utility Coordination $6,270.00 $6,270.00
Total Cost of Change Order: $103,246.0
0 $0.00 $103,246.0
0 A future design change order with 4Creeks will be forthcoming for the modification of the pedestrian ramps to meet the new ADA standards. 4Creeks Inc. is working to complete the plans and specification to advertise for construction with the redesigned pedestrian ramps to follow as an addendum in the construction phase of this project. The project budget is adequate to include this design change order and the construction cost as estimated. The project needs to be advertised and Visalia City Council Page 2 of 5 Printed on 9/13/2024
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design change order and the construction cost as estimated. The project needs to be advertised and awarded for construction before December 28, 2024 as a requirement of the additional SB-1 LPP construction funding granted by the CTC.

Funds from the SB1- Local Partnership Formulaic Program are distributed to local or regional transportation agencies in which voters have approved fees or taxes dedicated solely to transportation improvements. The Tulare County Transportation Authority, administered by the Tulare County Association of Governments (TCAG), receives funds from the SB1-LPP from formulaic program funds. TCAG assisted the City of Visalia with allocating SB1-LPP funds specifically to the Caldwell Avenue Widening from Santa Fe to Lovers Lane project towards the construction phase.

TCAG previously assisted the City with allocating SB1-LPP funds to this project for the right-of-way phase.

SB1-LPP funds are approved for allocation by the California Transportation Commission (CTC) and the program is administered by Caltrans. Funds in the amount of $3,844,000 were approved by the CTC towards the Caldwell Avenue Widening project during the CTC meeting held in June 2024.

Fiscal Impact:

The funding for this consultant amendment is within the projected amount for the design and right of way as shown in the project funding and expenditure summary. Funds allocated from the SB1-LPP for the construction phase will fund anticipated cost increases in the construction phase. This project is funded by multiple accounts.

Project Budget:

Measure R Regional (Fund 133) $19,431,780
Measure R Local (Fund 131) $783,300
Senate Bill1 - Local Partnership Program (ROW phase) $1,387,000 Senate Bill1 - Local Partnership Program (Construction
phase) - Appropriation Request
$3,844,000
Total Project Estimate $25,446,080
Estimated Project Expenditures:

Environmental Process $250,000
Design and Right-of-Way $3,529,231
4Creeks Contract & Change Orders (Design, RW, &
Const. Eng.)
$1,414,231
Estimate City Design & RW Support $250,000
RW Estimate (see above) $1,600,000
Estimate Pole Relocation at Burke Street $140,000
Estimate Culvert Permits $75,000
Estimate Electrical Service $50,000
Construction Cost Estimates $21,666,849
Construction Estimate Nov. 2022 (modified) $20,686,849
Est. Construction Mgmt. (from CP9485) $500,000
Est. Construction Testing (from CP9485) $200,000
Estimate City Construction Staff & Misc. Const. $200,000 Estimate Construction Surveying/Staking 4Creeks $80,000 Total Project Estimate $25,446,080
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Estimate Electrical Service $50,000
Construction Cost Estimates $21,666,849
Construction Estimate Nov. 2022 (modified) $20,686,849
Est. Construction Mgmt. (from CP9485) $500,000
Est. Construction Testing (from CP9485) $200,000
Estimate City Construction Staff & Misc. Const. $200,000 Estimate Construction Surveying/Staking 4Creeks $80,000 Total Project Estimate $25,446,080
There are sufficient project funds available.

Prior Council Action:

June 3, 2024: City Council authorized the City Manager to execute a cooperative agreement for reimbursement with the County of Tulare for the installation of a sewer main in Avenue 280 (Caldwell Avenue) from Lovers Lane (Rd. 140) to Rd. 144 and the appropriation of $535,000 from the Wastewater Trunkline Fund (231).

April 1, 2024: City Council accepted an update on the real property negotiations for the properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

December 18, 2023: City Council accepted an update on the real property negotiations for the properties need for the Caldwell Avenue Widening form Santa Fe Street to Lovers Lane Project (CP8268).

September 18, 2023: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lover Lane Project (CP8268)
August 7, 2023: City Council adopted a Resolution of Necessity to acquire property and temporary construction easements for portions of eight separate properties along Caldwell Avenue between Santa Fe Street and Lovers Lane for the purpose of widening Caldwell Avenue (CP8268).

June 5, 2023: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

October 4, 2021: Council accepted and authorized an appropriation of $1,387,000 from the Senate Bill 1 - Local Partnership Program (SB1-LPP) for the Caldwell Avenue Widening from Santa Fe to Lovers Lane Project (CP8268)
September 21, 2020: Council authorized approval of Amendment Number 2 with 4Creeks Inc. in the amount of $489,755.00 bringing the contract from $768,000.00 to $1,257,755.00 for additional services related to the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268) April 20, 2020: Council authorized amending the Measure R Supplemental Agreement for the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268) due to increase in the scope of work.

May 2, 2016: Council authorized a contract with 4Creeks Engineering Co. for RFP 15-16-49 to prepare Plans, Specifications, and Estimate for the Caldwell Avenue Widening from Santa Fe to Lovers Lane.

November 21, 2022: Council, in closed session, approved property appraisals and authorized City staff and consultant to purchase properties with authority to pay up to twenty percent above Visalia City Council Page 4 of 5 Printed on 9/13/2024
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appraised value.

Other:

None.

Alternatives:

Decline the design contract amendment and have staff review the proposed contract amendment.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to execute Amendment No. 5 with 4Creeks Inc. in the amount of $103,246.00 for additional design services related to the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane and accept and appropriate SB1-LPP funds in the amount of $3,844,000 to the Caldwell Widening Project (CP8268).

Environmental Assessment Status:

Not required at this time since this action is for the design of the project.

CEQA Review:

Conducted by the County of Tulare for the street widening project.

Attachments:

Map of Project Area
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W.Caldwell Ave.

Rd 140
S
Santa Fe St
S Pinkham
St
S Lovers Lane
E Monte Verde Ave
E La Vida Ave
E Victor Ave
S
Ben Maddox
Way
S
Villa St
S Bridge St
E Dorothea Ave
S
Cain St
S Burke St
S
Kennedy St
S
Thomas St
Private
E La Salle Ave
E Arlen Ave
E Copper Ave
S
Byrd St
S Bradley St
S
Stover St
S Ed si on St
S
T pi ot n St
E Russell Ave
S
Garden St
E Mesa Ct
S
Arkle St
S Brad el y Ct
E Sunnyside Ave
S
Sheridan
Ct
S
Tracy St
E Country Ave
SE Sunnyside Ct
E Chestnut Ct
S
Oakhurst Ct
E Monte Vista Ave
E South View Ave
E Chestnut Ave
E La Salle Ct
S
Terra
Linda
St
E Copper Ct
S
Bridge Ct
S
Spruce C
E Mon t
te Vista Ave
S
Garden St
E Victor Ave
S Br di ge St
E Arlen Ave
S Burke St
E Mesa Ct
E Chestnut Ct
E Dorothea Ave

CAMERON
TULARE IRRI. DIST.

PACKWOOD
TULARE IRRI. DIST.

T
TULARE IRRI. DIST. ULARE IRRI. DIST.
¨

CALDWELL AVENUE

FROM SANTA FE TO LOVERS LANE

PROJECT LIMITS
1 inch = 1,200 feet
635
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0318 Agenda Date: 9/16/2024 Agenda #: 1.

Agenda Item Wording:

Public hearing and 2023/24 CAPER approval. Public hearing and approval of the 2023/24 Program Year Consolidated Annual Performance and Evaluation Report (CAPER) and Resolution No. 2024-

54. Deadline for Action: 9/16/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Margie Perez, Housing Specialist, [email protected] < mailto:[email protected]>, (559) 713-4460; Melody Murch, Assistant Finance Director, [email protected] <mailto:[email protected]>, (559) 713-4379; Renee Nagel, Finance Director, [email protected] <mailto:[email protected]>, (559) 713-4375.

Department Recommendation:

Staff recommends that the City Council:

1. Hold a public hearing to receive public comments on Program Year 2023/24 draft CAPER;

2. Approve and authorize the submission of the Program Year 2023/24 CAPER, and Resolution No. 2024-54.

Background Discussion:

The Consolidated Annual Performance and Evaluation Report (CAPER) is a report of actual expenditures and accomplishments for the Program Year (PY) 2023/24 and is presented in a format prescribed by the U.S. Department of Housing and Urban Development (HUD). The CAPER report must be submitted to HUD by or before September 30th each year. Annually, the City is required to prepare and approve the CAPER through the adoption of a resolution as shown in Attachment A:

Resolution No. 2024-54. This report is submitted to HUD to summarize and evaluate the City’s overall progress and performance for the period covering July 1, 2023, through June 30, 2024. The programs being reported were approved on April 20, 2020, in the City’s current 5-year Consolidated Plan (ConPlan) for the program years 2020/21 through 2024/25, referred to as the “ConPlan”. Each year contained within the ConPlan has an Annual Action Plan. The 2023/24 Annual Action Plan was approved by Council on April 17, 2023.

The CAPER is prepared in compliance with HUD requirements for the use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Funding. The funds must be used for projects and programs primarily benefiting low-and moderate-income persons, households, and/or areas. The full draft CAPER report is included herein as Attachment B: Draft 2023/24 CAPER. The 2023/24 Annual Action Plan focused on affordable housing activities, neighborhood preservation through Code Enforcement, public services, ADA compliance projects, and Covid emergency rental/mortgage assistance, and development of a low-barrier navigation center.

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File #: 24-0318 Agenda Date: 9/16/2024 Agenda #: 1.

An overview of the 2023/24 CDBG and HOME resources and expenditures is shown above in Table 1: FY 2023/24 CDBG & HOME Resources and Expenditures. All expenditure amounts included in this item are subject to change, as final year-end administration overhead adjustments are pending through September 30th. No material changes to these amounts are projected, and the final figures will be reflected in the CAPER when submitted to HUD.

As shown below in Table 2, the HOME FY 2023/24 Expenditures and Accomplishments Include:
· HOME Administration and Planning ($65,324) - FY 2023/24 HOME administration which covers any staff time, legal advertising, office supplies, and other general administrative expenditures for the HOME Program.
· HOME-ARP Administration ($14,597) - FY 2023/24 HOME Investment Partnerships American Rescue Plan Program (HOME-ARP) administration which covers any staff time, legal advertising, office supplies, and other general administrative expenditures for the HOMEARP Program. · The Lofts Project ($634,375) - The Lofts Project is the development of an 80-unit mixed-use complex, with 11-HOME assisted floating units. This project provides 4 ground floor artist lofts with the remaining rental units as 1- and 2-bedroom apartments for qualifying individuals and families. The project has one unit devoted to an on-site manager and includes commercial space. The commercial space is utilized by the Arts Consortium and allows use for various community and resident services and events. In addition, The Lofts Project includes 3,500 square feet on the ground floor for an Art Gallery and Community Room where a wide variety of resident services will be provided. The Lofts opened in December of 2023. The City provided a total of $2,350,898 in HOME funds with prior years funds for the development of the Lofts Project.

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· Homebuyer Assistance ($52,126) - One homebuyer assistance loan, also known as secondary financing, was provided to eligible buyers of the HOME-assisted NW 5th Avenue single-family homes. The 5th and final home closed escrow in FY 2023/24. The first four homes closed in FY 2022/23 and were reflected in the 2022 CAPER report. The homebuyer assistance loan was provided at 30-year deferred loan at 0% interest. The loan will be due and payable prior to the 30-year maturity date if the home is no longer owner occupied or at change of title.

As Shown below in Table 3, the CDBG FY 2023/24 Expenditures and Accomplishments Include:
· CDBG Administration and Planning ($264,036) - FY 2023/24 CDBG administration which covers any staff time, legal advertising, office supplies, and other general administrative expenditures for the CDBG Program.
· Public Services:
o Kings Tulare Homeless Alliance Continuum of Care (CoC) ($20,635) - The CoC conducted the annual Point in Time (PIT) Count of people experiencing homelessness in January 2024. The 2024 PIT count report includes a total of 587 homeless individuals in the City of Visalia. 407 individuals were adults, and 27 individuals were children under the age of 18, and 23 individuals were seniors ages 65 and older. The CoC also oversees the Coordinated Entry System (CES) and Homeless Management Information Systems (HMIS) to ensure grant compliance to maintain current grant funding and allow for additional grant funding. The CoC oversees enrollments for all Permanent Supportive Housing (PSH) projects, transitional housing, and the Visalia Navigation Center.

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o Family Services of Tulare County - Permanent Supportive Housing (PSH) Voucher Program ($50,000) - Family Services of Tulare County provided 14 chronically homeless persons that are receiving PSH vouchers with case management, home visits, counseling referrals, life skills training, transportation, food delivery, hygiene products, and furniture assistance to maintain a life of stability. o Kings View PATH Program - Housing Flex Funds ($49,997) - Kings View PATH Program assisted 31 homeless and at-risk of homeless individuals with vital housing flex funds, such as, security deposits, rental application fees, utility deposits, rental assistance, legal document assistance, motel vouchers, and transportation assistance.

Kings View assisted 19 homeless individuals in obtaining permanent housing. o Self-Help Enterprises COVID-19 Emergency Rental/Mortgage Assistance Program ($90,492) - Self-Help Enterprises assisted 46 unduplicated households with emergency rental assistance, with CDBG CARES Act (CDBG-CV) funds for the period of July 1, 2023, through December 31, 2023. However, this program ran from January 1, 2023, though December 30, 2023. The total households assisted were 111 unduplicated households, with 95 total rental assistance and 16 mortgage assistance for the period of January 1, 2023, through December 31, 2023. All recipients of this assistance were low-moderate income households financially impacted by the Coronavirus Pandemic. · Home Repairs:
o Habitat for Humanity Emergency Repair & Accessibility Program (ERAP) ($18,504) - Habitat for Humanity ERAP provides low-to-moderate-income owneroccupied households with minor home repairs, such as, ADA wheelchair installation, ADA bar rail installations, electrical repairs, energy efficiency upgrades, window repairs/replacements, weatherization installation, and floor repairs. This program’s maximum client assistance was $5,000 per household. In PY 2023/24, Habitat completed 3 minor home repairs and are currently working with 3additional minor home repairs to be completed next program year.
o Self-Help Enterprises Senior Mobile Home Repair Program (SMHRP) ($43,957) - Self-Help Enterprises SMHRP provides low-income seniors and/or disabled mobile homeowners with ADA improvements, roof, electrical, floor, and plumbing repairs, window repair/replacement, and energy efficiency upgrades. This program’s maximum client assistance was $11,500 per household. Self-Help currently has 2 mobile home rehabilitations in process and will be completed next program year. · Code Enforcement:
o Code Enforcement ($172,423) - The 2023/24 CDBG Code Enforcement program issued 326 housing violations and corrected 249 housing code violations in CDBG target areas. CDBG Code Enforcement provides enforcement services in deteriorating Visalia City Council Page 4 of 6 Printed on 9/13/2024
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or deteriorated areas to bring both public and private premises into compliance with the minimum standards set in State and local law. No funding is provided for mitigation, only staff time and equipment for staff.
· Public Infrastructure Improvements:
o ADA Audible Pedestrian Signals CP0421 ($88,634) - This Americans with Disabilities Act (ADA) improvements project includes the installation of traffic signal ADA audible pedestrian push button signals. This was in response to the Disability Advocacy Committee’s (DAC) public input request received in 2020 prior to the DAC disbandment and will assist visually impaired citizens. The project installed these improvements at 6 intersections on Santa Fe Street from Murray Avenue to E. Noble Avenue. o ADA Transit Pathway CP0420 ($34,980) - This project includes the ADA transit pathway improvements from the Transit Center to Main Street. This project is also per the Disability Advocacy Committee’s (DAC) public input request in 2020 prior to the DAC disbandment and will assist mobility impaired citizens. This project will provide ADA compliant pedestrian improvements directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and handicapped persons from the Transit Center to Main Street on Bridge and Santa Fe. o The Visalia Navigation Center CP0419 ($2,423,811) - Development of a 100-bed lowbarrier Navigation Center for people experiencing homelessness. The Visalia Navigation Center is service-enriched center to assist individuals experiencing homelessness into permanent housing and long-term housing stability. Services will include intensive case management, housing navigation services, substance abuse services, mental health services, job training, and job placement to lead to a life of selfsufficiency. The Visalia Navigation Center will also provide important rapid rehousing services such as security deposits, rental arrears assistance, rental application assistance, and landlord mitigation services to assist clients in obtaining permanent housing. The City provided a total of $3,184,480 in CDBG funds with prior year funds for the development of the Visalia Navigation Center.

Public Comment Period:

As required by HUD, a minimum 15-day public comment period must be conducted for the 2023/24 CAPER. The public comment period was from August 30, 2024, through September 16, 2024.

English and Spanish public notices were posted in the Visalia Times Delta on August 30, 2024.

Public notices were also published on City social media outlets, the Kings Tulare Homeless Alliance listserv, and the City website during the public comment period. The draft PY 2023/24 CAPER was available on the City website for public review during the public comment period. The draft 2023/24 CAPER was also presented at the Citizen’s Advisory Committee on September 4, 2024. All comments received during the public comment period and public hearing will be included in the final report to HUD and made available for public review on the City’s website.

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File #: 24-0318 Agenda Date: 9/16/2024 Agenda #: 1.

Fiscal Impact:

None. The CAPER is a report of financial and program activity, and this item does not contain any requests for appropriation or budget amendments.

Prior Council Action: ● April
20, 2020: 5-year (FY 2020/21 - FY 2024/25) Consolidated Plan adoption. ● April 17, 2023:

FY 2023/24 Annual Action Plan adoption.

Other: None
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

I move to adopt Resolution No. 2024-54, approving the Program Year 2023/24 Consolidated Annual Performance and Evaluation Report (CAPER), and authorize submission to HUD.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: ●
Attachment A: Resolution No. 2024-54 ●
Attachment B: Draft 2023/24 CAPER ●
Attachment C: 2023/24 CAPER PowerPoint
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RESOLUTION NO. 2024-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING THE PROGRAM YEAR 2022-2023

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUTION REPORT
WHEREAS, the City of Visalia operated the Community Development Block Grant Program (CDBG), and the Home Investment Partnerships Grant Program (HOME) for the Program Year 2023-2024; and
WHEREAS, the City is required to submit a Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD) for the activities and expenditures for the Program Year 2023-2024; and
WHEREAS, the City must also certify that it is complying with HUD requirements for the use of CDBG and HOME funds; and
WHEREAS, the City spent approximately $3,544,960 dollars in CDBG, and $766,422 dollars in HOME funds during the Program Year 2023-2024; 100% of the funds were used to assist households with incomes at or below 80% of area median income; and
WHEREAS, the City Council considered the CAPER at a publicly noticed public hearing held on September 16, 2024, and the City Council considered all public comments provided during the public review period and at the public hearing; and WHEREAS, the City Manager is the certifying official for all HUD reports and transactions.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Visalia that it approves the attached Program Year 2023-2024 Consolidated Annual Performance and Evaluation Report and authorizes the City Manager to submit the same to HUD on behalf of the City of Visalia.

PASSED AND ADOPTED: September 16, 2024 LESLIE CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2024-54 passed and adopted by the Council of the City of Visalia at a regular meeting held on September 16, 2024.

Dated: September 17, 2024 LESLIE CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
642
Draft 2023
CAPER
Consolidated Annual
Performance and
Evaluation Report
City of Visalia
643
City of Visalia Draft PY 2023 CAPER Page 2
Table of Contents
CR-05 - Goals and Outcomes .................................................................................................................... 4 CR-10 - Racial and Ethnic composition of families assisted...................................................................... 7 CR-15 - Resources and Investments 91.520(a) ......................................................................................... 8 CR-20 - Affordable Housing 91.520(b).................................................................................................... 15 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................ 17 CR-30 - Public Housing 91.220(h); 91.320(j)........................................................................................... 21 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j).................................................................................... 22 CR-40 - Monitoring 91.220 and 91.230................................................................................................... 26 CR-45 - CDBG 91.520(c) .......................................................................................................................... 28 CR-50 - HOME 91.520(d)......................................................................................................................... 29 Attachment A: Accomplishments........................................................................................................... 31 Attachment A-1: Cover Page...............................................................................................................32 Attachment A-2: 2022/23 HOME & CDBG Expenditures and Accomplishments ...............................33 Attachment A-3: City Council Staff Report .........................................................................................34 Attachment A-4: City Council Resolution............................................................................................35 Attachment B: Citizen Participation........................................................................................................ 36 Attachment B-1: Public Notice –English .............................................................................................37 Attachment B-2: Public Notice – Legal Ad ..........................................................................................38 Attachment B-3: Public Notice Legal Ad English Certification............................................................39 Attachment B-4: Public Notice- Spanish.............................................................................................40 Attachment B-5: Public Notice Legal Ad - Spanish..............................................................................41 Attachment B-6: Public Notice Legal Ad Spanish Certification...........................................................42 Attachment B-7: City Website – CDBG Public Notice Page.................................................................43 Attachment B-8: Continuum of Care Listserv Post .............................................................................44 Attachment B-9: Citizen Participation Summary ................................................................................45 Attachment C: Continuum of Care Reports............................................................................................ 46 Attachment C-1: Point in Time Survey Report...................................................................................47 644
City of Visalia Draft PY 2023 CAPER Page 3
Attachment C-2: Point in Time Survey Results ...................................................................................48 Attachment D: IDIS Reports.................................................................................................................... 51 Attachment D-1: PR-26 CDBG Financial Summary Report..................................................................52 Attachment D-2: PR-26 CDBG-CV Financial Summary Report............................................................55 Attachment D-3: PR-09 CDBG Program Income Detail Report...........................................................57 Attachment D-4: PR-02 CDBG Project Activities Report.....................................................................59 Attachment D-5: PR 23 CDBG Accomplishments................................................................................60 645
City of Visalia Draft PY 2023 CAPER Page 4
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

The Program Year (PY) 2023 Consolidated Annual Performance and Evaluation Report (CAPER) covers the period of July 1, 2023, through June 30, 2024. The CAPER provides a general assessment of the City’s progress in carrying out goals identified in the City's five-year Consolidated Plan (ConPlan) during the 2022-2023 Fiscal Year with the use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds, provided by the U. S. Department of Housing and Urban Development (HUD), primarily to benefit Low- and Moderate-Income persons (LMI) and/or areas. The PY 2023 was the fourth year of the City of Visalia's five-year (2020/21-2024/25) Consolidated Plan.

For Program Year 2023, CDBG resources included $1,206,775 in grant allocation; $108,655 in CARES Act (CDBG-CV), $1,952,988 in prior year resources; and $569,432 in program income for a total of $3,837,850. The total CDBG expenditures for the year were $3,544,960. The CDBG grant ending balance of $292,890 will be carried into the 2023 Annual Action Plan. Program Year 2022 CDBG accomplishments consisted of public services, the Continuum of Care support, Family Services case management for permanent supportive housing voucher clients, Kings View PATH program, COVID-19 emergency rental/mortgage assistance, code enforcement, ADA improvements, development of the Visalia Navigation Center, and administration.

For Program Year 2023, HOME resources included $538,976 in grant allocation, $82,271 in prior year resources, and $662,827 in program income for a total of $1,298,670. The total HOME expenditures for the year were $766,422. HOME ending grant balance of $532,249 will be carried into the 2024 Annual Action Plan. The Program Year 2023 HOME accomplishments consist of the construction of the Lofts Project an 80-unit affordable housing mixed used complex with 11-HOME floating units, and HOME administration. Full accomplishments will be shown in Attachment “A-2”.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
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Goal Category Source /
Amount
Indicator Unit of
Measure
Expecte
d Strategic
Plan
Actual
Strategic Plan
Percent
Complete
Expecte
d Program Yr.

Actual
Program
Yr.

Perce
nt
Complete
Address
community /
special needs
services
Homeless
NonHomeless
Special
Needs
CDBG-CV:
$90,492
Public service
activities for Low/Mod
Income Housing
Benefit
Households
Assisted
202 572 260% 51 46 90%
Address
community/
special needs
services
Homeless
NonHomeless
Special
Needs
CDBG:
$49,997
Homeless Person
Overnight Shelter
Persons
Assisted
30 90 207% 30 28 93%
Address
homeless
needs
Homeless
CDBG:
$20,635
Public service
activities other than
Low/Mod Income
Housing Benefit
Persons
Assisted
2000 2007 72% 564 434 141%
Address
homeless
needs
Homeless
CDBG:
$50,000
Public service
activities for Low/
Mod Income Housing
Benefit
Households
Assisted
70 74 86% 14 14 100%
Create
suitable living
environment
Affordable
Housing
CDBG:
$62,461
Homeowner Housing
Rehabilitated
Household
Housing
Unit
18 21 117% 8 3 38%
Create
suitable living
environment
Affordable
Housing
CDBG:
$172,423
Housing Code
Enforcement/Foreclos
ed Property Care
Household
Housing
Unit
1000 788 79% 200 249 125%
Enhance
community
development
Non-Housing
Community
Development
CDBG:
$2,830,301
Public Facility/
Infrastructure
Activities other than
Low/Mod Income
Housing Benefit
Persons
Assisted
3000 8505 100% 3000 5505 184%
Increase
affordable
housing
Affordable
Housing
HOME:
$634,375
Rental units
constructed
Household
Housing
Unit
11 11 100% 11 11 100%
Increase
affordable
housing
Affordable
Housing
HOME:
$52,126
Direct Financial
Assistance to
Homebuyers
Households
Assisted
5 5 100% 1 1 100%
Planning &
Admin
Program
Admin
CDBG:
$274,527/
HOME:
$79,921
Other Other 1 1 100% 1 1 100%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date 647
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Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

Funds were allocated in alignment with the priorities identified in the City’s five-year Consolidated Plan and Annual Action Plan. Through the development of the 2020 - 2024 ConPlan community needs assessment, the City identified the following goals as "High" priority needs in the community:
• Affordable Housing
• Create Suitable Living Environment
• Address Community/Special Needs Services
• Address Homeless Needs
• Enhance Community Development
The City makes every effort to meet the priority needs of the community through the provision of many programs. During the PY 2023, the City recognized the recent developed high priorities as a result of the coronavirus pandemic. The City implemented an COVID-19 rental/mortgage assistance program to prevent evictions with Self-Help Enterprises. The City also supported a case management program for chronically homeless persons receiving a permanent supportive housing voucher with Family Services of Tulare County, a homeless outreach and homeless prevention program with Kings View PATH Program.

The City also implemented an Emergency Minor Home Repair and ADA Program with Habitat for Humanity, a Senior Mobile Home Repair Program with Self-Help Enterprises, and a Code Enforcement Program, and ADA Transit Pathway project, and development of a 100-bed low-barrier Navigation Center with the use of CDBG funds.
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CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
Race: CDBG HOME
White 1038 14
Black or African American 71 0
Asian 19 0
American Indian or American Native 52 0
Native Hawaiian or Other Pacific Islander 6 0
Total 837 14
Ethnicity: CDBG HOME
Hispanic 533 11
Not Hispanic 653 3
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The City and partner organizations identifies priority needs and offers eligible CDBG and HOME services to low-and moderate-income persons and/or households regardless of their race or ethnic background.

The information in CR-10 is generated by client demographics that participated in a CDBG or HOME funded program. The populated data referenced above does not include low-moderate areas activities, such as, Code Enforcement Program. *Hispanic and mixed-race data is captured with white race data, then categorized appropriately under ethnicity data.
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CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG Public - Federal $3,837,850 $3,544,960
HOME Public - Federal $1,298,670 $766,422
Table 3 - Resources Made Available
Narrative
The City of Visalia’s total PY 2023 CDBG resources of $3,837,850 included:
• Grant Allocation: $1,206,775
• CARES Act: $108,655
• Prior Year Resources: $1,952,988
• Program Income: $569,432
CDBG expenditures for PY 2023 were $3,544,960. There is a carryover of $292,890 in CDBG funds toward projects identified in the 2024 Annual Action Plan for ADA compliance projects.

The City of Visalia’s total PY 2023 HOME resources of $1,298,670 included:
• Grant Allocation: $538,976
• HOME-ARP: $14,597
• Prior Year Resources: $82,271
• Program Income: $662,827
HOME expenditures for PY 2023 were $766,422. HOME Carryover is $532,249 in HOME funds for the next HOME-CHDO project, Rancho Colegio an 80-unit affordable housing project with 11-HOME floating units.

Program income is generated from repayment of First Time Homebuyer and Owner-Occupied Rehab CDBG and/or HOME loans, and recycled funds from the resell of SHE CHDO single family homes.

Identify the geographic distribution and location of investments.

Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 77 72 Citywide
LMI Tracts 23 28 LMI Census Tracts
Table 4 – Identify the geographic distribution and location of investments. 650
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Narrative
The City does not specifically target areas, except to identify low/mod census tract areas for the use of funding for eligible projects/programs, such as Code Enforcement Program, which lie within such areas.

Visalia Citywide: The City of Visalia (City) is in the northwestern area of the County of Tulare (County) in the Central San Joaquin Valley of California. It is the largest city in the County and is currently home to approximately 146,073 144,376 residents as per California Dept. of Finance, January 2024. This is an increase of 1.16% since January of 2023 which was estimated at 144,376 (Finance, 2023). The City covers approximately 36 square miles and is surrounded by farmland, leading the agricultural industry which is its top economic driver.

IDIS Low/Mod Census Tracts (eligible CDBG Target Areas) Low-Mod Income (LMI) concentration is defined as census tracts where at least 51% of the median household income is 80% or less than the jurisdiction as a whole. The City's PY 2023-24 CDBG boundaries are shown below in 2023 CDBG Low-Mod target area maps.

Map 1: PY 2023 CDBG Low-Mod Target Areas
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Map 2: HUD’s Mapping of PY 2023 CDBG Low-Mod Areas
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Leveraging
Explain how federal funds leveraged additional resources (private, state, and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

CDBG and HOME allocations are leveraged through the City’s partnerships. For example, CDBG public service dollars leverage state and other federal funding for homeless grant funding obtained by local nonprofit agencies through the State of California and HUD including funding through the Continuum of Care.

As it relates to the HOME Match Leveraging, all Participating Jurisdictions must contribute or match 25 cents for each dollar of HOME funds spent on affordable housing. The HOME statue provides for a reduction (50%) of the matching contribution requirement under three conditions: 1) fiscal distress; 2) severe fiscal distress, and; 3) for Presidentially declared major disasters covered under the Stafford Act.

Fiscal Year Summary – HOME Match

1. Excess match from prior Federal fiscal year $5,640,174.67

2. Match contributed during current Federal fiscal year $686,501

3. Total match available for current Federal fiscal year (Line 1 plus Line 2) $6,326,675.67

4. Match liability for current Federal fiscal year $0.00

5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $6,326,375.67 Table 5 – Fiscal Year Summary - HOME Match Report
The City provided HOME-CHDO funding to Self Help Enterprises, a Certified CHDO, who utilized the funds to develop the Lofts Project an 80-unit affordable housing mixed use complex with 11-floating units. SHE also used HOME CHDO funds toward one (1) final homebuyer assistance loan to the final sale of the NW 5 th Avenue single-family homes that were constructed with HOME-CHDO funds in Program Year 2022. 653
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Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
N/A N/A 0 0 0 0 0 0 0
Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at
beginning of reporting
period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end
of reporting period
$
$105,793 $153,270 $259,063 $5,423 $0
Table 7 – Program Income
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Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
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Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 12 12
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 55 55
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 56 56
Number of households supported through
The Production of New Units 12 12
Number of households supported through
Rehab of Existing Units 8 3
Number of households supported through
Acquisition of Existing Units 0 0
Total 126 112
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

As it relates to HOME funds, under regulation 24 CFR 91.520 (b), the City developed the Lofts Project, a development of an 80-unit affordable housing mixed unit project with 11-HOME floating assisted units.

One (1) first-time home buyer assistance loan was also provided with the use of HOME funds.

During PY 2023, the Senior Mobile Home Repair Program has 2 mobile home repairs in progress, and the Emergency Home Repair Program completed 3 home repairs with CDBG funds. The City also assisted 46 rental COVID assistance with the use of CDBG CARES Act (CDBG-CV) funds, and Kings View PATH program provided 10 emergency rental assistance to prevent homelessness with the use of CDBG entitlement funds.

Discuss how these outcomes will impact future annual action plans. 657
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Based on the affordable housing outcomes, the City will continue to support affordable housing development, home rehab of existing units, rental assistance, and acquisition of existing units in future Annual Action Plans.

The Lofts Project is an 80-unit affordable rental housing project with 11-HOME assisted units is completed in PY 2023. The City also committed PY 2023 and 2024 HOME CHDO funds for the development of a new project named Rancho Colegio, an 80-unit affordable rental housing project with 11-HOME floating assisted units. The City also identified the next motel conversion project, the Majestic Project, that will provide 42-PSH units for people experiencing homelessness with the use of HOME-ARP funds. In addition, a 100-bed low-barrier Navigation Center is expected to begin construction in PY 2023, and is set to open October 2024.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 466 0
Low-income 27 11
Moderate-income 24 1
Total 517 12
Table 13 – Number of Households Served
Narrative Information
The CDBG data provided above includes client data from the Kings Tulare Homeless Alliance Continuum of Care, Family Services Voucher Program, Kings View Path Program, Self-Help Enterprises COVID-19 Rental/Mortgage Assistance Program, Habitat for Humanity Minor Home Repair Program, and Self-Help Enterprises Senior Mobile Home Repair Program.

The HOME data provided above includes client data from the final NW 5th Avenue homebuyer assistance and development of the Lofts Project that includes 11-HOME assisted units. 658
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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Visalia, in partnership with the Kings/Tulare Homeless Alliance (KTHA), works diligently to address homelessness within the city. KTHA serves as the local continuum of care coordinating efforts amongst service providers, faith-based partners, governmental agencies, and other key stakeholders.

KTHA hosts multiple monthly meetings such as the Case Management Roundtable and Community/Stakeholder meeting.

KTHA operated the Visalia Local Initiatives Navigation Center (LINC) for people experiencing homelessness each Monday at the Visalia Rescue Mission to provide emergency outreach services, wrap-around services, mental health assessments/enrollments, housing counseling, free birth certificates, CA ID vouchers, mainstream benefit enrollments, social security advocacy, substance abuse referrals/enrollments, veteran services, food assistance, and hygiene kits.

KTHA also coordinated the annual Point in Time (PIT) count the final week of January 2023. The 2023 PIT count resulted in 434 people experiencing homelessness, of which are 144 are chronically homeless in the City of Visalia. This year’s PIT count was done simply street canvassing, rather than in conjunction with a Project Homeless Connect (PHC) event. Since the Coronavirus Pandemic the PIT count is no longer conducted in collaboration with a Project Homeless Connect (PHC) event.

The Coordinated Entry System, operated by KTHA, includes virtually all homeless service providers within the City of Visalia. In addition to the Every Door Open approach, people experiencing homelessness can have an assessment completed by contacting 2-1-1.

Addressing the emergency shelter and transitional housing needs of homeless persons Within the City of Visalia, there are several programs that provide emergency shelter and transitional housing for people experiencing homelessness:

Program
Type Organization Name Program Name Total Beds
ES Family Services of Tulare County Karen's House 33
ES SSVF EHA Tulare County 16
ES RH Community Builders Sequoia Village 50
ES Visalia Rescue Mission ONG 17
ES Visalia Rescue Mission Shelter of Hope 28
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ES Visalia Warming Center Visalia Warming Center 70
Total 214
TH Self-Help Enterprises Eden House 22
TH EMQ Families First Inc. Crossroads T.A.Y. Housing 10 TH Family Services of Tulare County Transitional Housing + Services 10 TH Visalia Rescue Mission House of Hope 15
TH Visalia Rescue Mission House of Restoration 26
TH Visalia Rescue Mission Women's Transitional Program 4 Total 87
ES=Emergency Shelter
TH=Transitional Housing
Table 14– Homeless Program Type, Organization Name and Number of Beds The Visalia Warming Center operated a low barrier seasonal shelter from 12/15/2023 to 3/30/2024. 949 unduplicated people were served during this year. The Visalia Warming Center partnered with Tulare County Health and Human Services Agency (HHSA), and Kings/Tulare Homeless Alliance (KTHA) to provide housing assessments, mental health assistance, as well as other supports as needed. The FY 2023/24 Visalia Warming Center provided shelter to 91 senior citizens, 217 severely disabled, and 133 new clients were entered into the Homeless Management Information System (HMIS) to begin housing placement.

Eden House is a 22-bed transitional bridge housing facility for adults who are experiencing homelessness awaiting a permanent unit in Tulare County. The project is a partnership between Mental Health Services, Self-Help Enterprise, the County of Tulare, the City of Visalia, and the City of Tulare. Mental Health Services Turn Behavioral Health Systems staff provides residents services to successfully transition them from bridge housing to permanent housing. Services include housing and supportive services, daily meals, vocation support, daily living skills training, and linkages to community resources. The program receives referrals from the Coordinated Entry System.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Several community partners offer local residents services which are designed to help with housing retention. Community residents can access up-to-date prevention resources by calling the local 2-1-1 line. Call center operators through 2-1-1 are able to pre-screen clients for eligibility and provide up-todate information on program availability. 660
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CalWorks eligible families are able to access housing assistance through the Housing Support Program and Bringing Families Home programs. These programs can assist with short term rental assistance and utility deposits for households faced with eviction.

Through a partnership between Tulare County HHSA and Uplift Families, there are 10 transitional housing beds available for youth exiting foster care. The program offers housing along with intensive wrap around services to assist participants in becoming self-sufficient.

Kaweah Delta Healthcare District has a Bridge Program that works directly with frequent users of the emergency room as well as homeless patients awaiting discharge. The Bridge team prioritizes these patients and works diligently to connect them to mainstream benefits and housing resources in an effort to minimize discharges to homelessness.

The Alliance also has an SSI/SSDI Advocacy, Outreach and Access (SOAR) program. This national project is designed to increase access to the disability income benefit programs administered by the Social Security Administration (SSA) for eligible adults who are homeless or at risk of homelessness and have a mental illness and/or a co-occurring substance use disorder. Assisting clients through SOAR results in expeditious benefit awards and additional funding through Medicaid reimbursements. Access to these benefits greatly increases housing stability and retention rates among recipients.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City partners with the Workforce Investment Board of Tulare County (WIB) and Community Services and Employment Training, Inc. (CSET) to administer the Environmental Cleanup Opportunities (ECO) project. The ECO project provides people experiencing homelessness with employment skills while addressing a community need, by cleaning up the community.

In Level I, participants work for 12 weeks, 20-hours per week, on City of Visalia cleanup projects. After the 12 weeks are completed, ECO crew members will begin an extensive job search for regular employment. In Level II, participants gain additional skills and increased responsibilities as they work full-time for six weeks. Upon successful completion of Level II, participants will be encouraged to apply for job openings in the public and private sector.

The Alliance continues to utilize the Landlord Mitigation Fund to increase the inventory of landlords and property managers willing to lease units to people experiencing homelessness. The fund is designed to incentivize Landlords to relax screening criteria for people who are experiencing homelessness and who may have barriers that prevent them from securing housing on their own, such as poor credit and past 661
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evictions. By offering a Fund to mitigate Landlord exposure to the increased costs of renting to people experiencing homelessness including excess damage and unpaid rent, a strong relationship can be created with Landlords who otherwise may not lease to individuals and families experiencing homelessness.

The Coordinated Entry System (CES) continues to focus efforts on working with the top forty households of each intervention type on the Housing Priority List to get them document ready. This focus has reduced the amount of time that people spend on the streets waiting to be placed once a unit becomes available.
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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing.

The Housing Authority of Tulare County (HATC) continues to own and manage 179 units in the City of Visalia. They have indicated that there are no plans to purchase additional or remove any public-housing units from their inventory. HATC’s projection is that there will be an investment of $375,000 in Tulare County Housing Authority's Capital Fund improvements. The noted expenditures will cover maintenance and rehabilitation in public-housing units within the City of Visalia. HATC's Capital Fund expenditures will cover a large range of projects, including roofing replacement, landscaping improvements, carpet replacement, and Air Conditioning and Heating unit improvements.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership.

HATC is proactive in the inclusion of public-housing residents in the policy making process. An equitable and transparent policy making process that includes the opinions of public housing residents is achieved through the participation of two tenant commissioners on HATC's Board. HATC has installed a Resident Counsel which is made up of five residents from all HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8 Housing Choice Vouchers, and public housing). The Resident Counsel works with HATC staff on evaluating the effectiveness and efficiency of HATC rental assistance programs. This provides members the opportunity to contribute input on necessary program modifications.

HATC provides two annual public hearings. The first is to inform and discuss their agency’s submittal of the Moving to Work (MTW) Annual Plan to HUD. This plan outlines proposed budgetary and policy modifications to their rental assistance and affordable housing programs. The second public hearing is to review and discuss the agency’s submission of its MTW Annual Report to HUD. This report analyzes the outcomes of the objectives outlined in the aforementioned MTW Annual Plan. Public notices informing Tulare County residents of the public hearings are published in the local newspaper.

HATC goal is for each tenant to promote to self-sufficiency. Client homeownership is one of the top long-term goals for all their clients. HATC staff works with tenants to provide them with the necessary resources to achieve homeownership. Their Annual Re-Examination Notice provides public-housing participants with an extensive referral list that aids homeownership. Their list includes programs managed by: CSET, City of Visalia, Habitat for Humanity, CalHFA, and Self-Help Enterprises. HATC's program coordinator works with interested public housing tenants to effectively inform them of all the programs that are available. HATC is also part of the Tulare County Housing Resource Fair, an event that provides first time homebuyer programs.

Actions taken to provide assistance to troubled PHAs.

The Housing Authority of Tulare County is not determined to be troubled. 663
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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City actively monitors its existing zoning and development standards to ensure their necessity and efficiency for achieving the goal of safe and livable housing available for all income categories.

Off-street Parking Standards: The City’s parking requirements provide for parking concessions within affordable housing developments. Parking requirements do not require enclosed or covered parking structures in multifamily housing developments, which minimizes the cost for market rate units. The City’s parking requirement for multi-family developments is 1.5 spaces per unit. This automatically applies to market rate units and is essential for that type of tenant. Single room occupancy units do not require any tenant parking, apartments for seniors require only one space per unit, and affordable housing projects can reduce the onsite parking requirements.

Building Codes: Building codes set guidelines that identify minimum standards to ensure building and non-building structures protect the health and safety of the community. Local building codes, however, often mandate that costly improvements be made to meet regulation requirements. The City adopted the 2016 California Building Code (CBC). The City has not made any amendments nor changes to the 2016 CBC. The City’s building codes prove to be in line with those of other California jurisdictions and do not have negative consequences on the development of affordable housing in the City.

The City of Visalia adopted the Housing Element for the Fiscal Years 2020 -2023 on December 3, 2019. The Housing Element was certified by the State of California, Department of Housing and Community development on January 23, 2020. The Housing Element specifically sets policies and their related programs to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing were reviewed. The Housing element includes:
• Increase permitted by right unit size from 60 to 80 units and increase height to four stories. (HE Programs 1.4 and 1.7)
• Eliminating occupant size for Supportive and Transitional housing units to be permitted by right (HE Programs 5.3 and 9.10)
• Increasing Farmworker housing units permitted by right from 6 persons to 12 units or 33 beds (HE Programs 5.9 and 5.10)
• Adding a Zoning ordinance clause that exempts structures or devices to facilitate handicapped accessibility from the Zoning Code standards (such as wheelchair ramps encroaching into required setbacks) (HE Program 5.3 and 5.8).
• Conduct a transportation analysis to ensure that existing and new high density residential zones contained in the Affordable Housing Land Inventory are optimally served by public transit and 664
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alternative transportation modes. The Visalia Long Range Transportation Plan (VLRTP) includes a narrative and map that demonstrate transit routes coincide with higher density land uses and provide connection to key employment and services areas. (HE Program 9.9) • Annual reconciliation of residential development on land listed in the Regional Housing Needs Allocation (RHNA) Sites Inventory; including mandatory requirement to either: 1) develop land at no less than the anticipated density; or 2) identify offset sites not already listed on the Sites Inventory to make up the difference in anticipated/ density (HE Programs 9.4 and 9.5) • Amended Zoning Ordinance Section 17.32.040 (Planned Mobile Home Parks) by revising the allowed density to be that of the underlying zone district, and development standards to be more in line with the single-family residential zone district. (HE Program 3.19) Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City of Visalia, in partnership with the Kings/Tulare Homeless Alliance (Alliance), has continued its work on a variety of strategies that address the needs of homeless persons in the community. The Kings/Tulare Homeless Alliance (Alliance), which serves as the local continuum of care, continues to operate under phase three of its Coordinated Entry System (CES). Virtually all homeless service providers within Visalia serve as entry points for the CES. In addition to Every Door Open approach, people experiencing homelessness can have an assessment completed by contacting 2-1-1 or directly through the outreach team.

KTHA partnered with Kaweah Delta Healthcare District, Tulare County Health and Human Services Agency, and Kings View PATH program to establish a Street Medicine program. This program was designed to connect people who are experiencing homelessness to COVID-19 testing and vaccines, medical services including prescription medication and wound care, housing support, and other wraparound services.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) For all the City’s housing programs, applicants are informed of the danger of lead-based paint through a brochure as part of the application process. In addition, City building inspectors are alerted to signs of this hazard as they perform their substandard housing inspections. All housing owners and occupants with which the City interacts through its various programs are required to abate this hazard as a condition of assistance.

The contractor is required to utilize safe practices and obtain certification through a HUD certified lead testing agency when working with the City’s funds or its partners. The City’s partners are required to conduct lead testing, abatement and use safe practices when utilizing city resources.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The implementation of CDBG activities meeting the goals established in the 2020-2024 Consolidated 665
City of Visalia Draft PY 2023 CAPER Page 24
Plan – Strategic Plan will help to reduce the number of poverty-level families by: Supporting activities that expand the supply of housing that is affordable to low- and moderate income households; Supporting activities that preserve the supply of decent housing that is affordable to low- and moderateincome households; Supporting a continuum of housing and public service programs to prevent and eliminate homelessness; Supporting housing preservation programs that assure low income households had a safe, decent and appropriate place to live; Support public services for low- and moderate-income residents including those with special needs and those at-risk of homelessness; and Promoting economic opportunity for low-and moderate-income residents.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) Visalia is a charter city and is managed utilizing the council-manager form of government. The fiveperson City Council provides policy direction to the City Manager who is responsible for administering City operations. The City Manager is appointed by the City Council to carry out policy and ensure that the entire community is being served. The City Council is the legislative body, and its members are the leaders and policy makers elected to represent the community and to concentrate on policy issues that are responsive to citizens’ needs and wishes.

The Finance Department Director oversees the administration of the day-to-day activities of the CDBG, CalHome, NSP1, HOME and Housing Fund programs. Staff works together with various City departments and with the community to develop programs and activities that address high priority needs, to improve low- and moderate-income housing opportunities and neighborhoods throughout Visalia.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City will continue to participate in monthly Alliance meetings, which are attended by various governmental departments and service providers to share information on existing programs and areas for improvement to enhance coordination and exchange knowledge of best practices to better understand and address the community’s needs, it is also used as a platform for agencies to coordinate services and to address unmet needs, ensuring that resources are leveraged and not duplicated.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) This section provides a summary of the actions taken by the City of Visalia to further fair housing and overcome the effects of any impediments identified in the City’s analysis of impediments to fair housing choice. The City of Visalia is addressing impediments as described in the Analysis of Impediments to Fair Housing Choice (AI) 2020-2024. The City of Visalia, and subrecipients of CDBG and HOME funding activities, affirmatively further fair housing.

City of Visalia Fair Housing Accomplishments:
666
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• Provided Tenant-Based Rental Assistance (TBRA) to low-income people experiencing homelessness.
• Provided fair housing informational flyers in English and Spanish on the City’s website. • Collaborating with Central California Fair Housing Council to conduct fair housing workshops to educate residents about fair housing rights.
• Staff attends ongoing fair housing training sessions.

The City adheres federal fair housing laws that prohibit discrimination in all aspects of housing, including the sale, rental, lease, or negation of real property. The City adheres the Fair Housing Act based on the following protected classes: race or color, religion, sex, familiar status, national origin, disability (mental or physical).
667
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City utilizes AmeriNat for loan servicing. AmeriNat monitors the City’s loan portfolio on a monthly basis for conformity with loan payments, tax & insurance, and delinquencies. City staff also works closely with AmeriNat and borrowers to re-certify first time homebuyer’s ability to begin making monthly payments or determine that deferral of payments should continue for an additional term. Additionally, on a bi-annual basis, AmeriNat annually obtains an affidavit of ownership. This assists the City in maintaining participant compliance with each program.

The City has compliance monitoring guidelines for its CDBG and HOME funds with priority given to activities that benefit low- and moderate-income persons. The City is continuing its efforts of updating Policy and Procedure manuals to reflect the most recent Building Code, City Policies, Monitoring Policies and CDBG/HOME Regulations, as well as preparing detailed agreements with developers, sub-recipients and/or construction managers that outline federal regulations and performance standards.

MBE/WBE Outreach: The City of Visalia, as referenced within its purchasing policies and procedures, chapter 8, encourages all segments of society to participate by demonstrating support for small, disadvantaged and minority-owned businesses.

Fair Housing/Section 3 Compliance: The City ensures compliance with Fair Housing and best efforts with Section 3 during the process of awarding contracts to selected agencies/contractors to support low- and moderating income residents.

The City has compliance monitoring guidelines for its CDBG and HOME funds with priority given to activities that benefit low- and moderate-income persons. The monitoring process includes:
• Routine Monitoring Responsibilities by City Staff Risk Analysis Monitoring Schedule In-Depth Monitoring and Onsite Reviews Monthly/Quarterly Status Report File Review or “Desk Review” (offsite)Financial Review Site Review After completion of the onsite visit, follow up steps are completed the monitoring report must include the reasons underlying all conclusions.

CDBG includes the following Project Management tasks/monitoring:

1. Each project utilizing CDBG funds is managed by a project manager.

2. The project manager monitors the use of the funds and is the “Labor Standards Coordinator,” having responsibility for National Environmental Policy Act compliance and CDBG labor standards compliance and reporting, as well as Section 3 requirements. 668
City of Visalia Draft PY 2023 CAPER Page 27

3. A CDBG Project Compliance Manual has been prepared and is issued to all project managers in the City.

4. Records shall be maintained from the inception of the project, documenting the compliance requirements for receiving this federal funding.

5. A separate Labor Standards Enforcement file shall be maintained.

6. A record-keeping action checklist, issued by HUD, as well as a CDBG Project Compliance Record Summary, shall be complied with.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The City ensures compliance with programs and projects by incorporating accounting principles, conducting single audits, reviewing & updating guidelines & procedures, monitoring, and following HUD requirements. The City of Visalia considers Citizen Participation an important component in improving the quality of life in our neighborhoods and encourages residents to become involved. When comments are made, a Summary of citizen comments related to the CAPER is included.

Staff also meets with the City Manager, Department Managers, and project managers to ensure progress is occurring for each project. Overall, additional meetings are held with Staff responsible for the administration of the CDBG and HOME funding to discuss the high priority needs, un-programmed PI, projects, programs, and recommended funding allocations. Community meetings are held to obtain comments, recommendations and support of ongoing, substantial amendments and new projects.

The PY 2023 CAPER public comment period was held from August 30, 2024 through September 16, 2024. PY 2023 CAPER English and Spanish Public Notices published in the Visalia Times Delta on August 30, 2024. The draft CAPER was available to the public via the City’s Website at www.visalia.city. Additionally, the public notices were submitted to the Tulare and Kings Continuum of Care, now known as “The Alliance” to share with their listserv recipients. A community meeting was held during the Citizen’s Advisory Committee on September 5, 2024, at 5:30pm. A public hearing was held on September 16, 2024, at 7:00pm during a City Council meeting. 669
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CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City continues to take a proactive approach and continually evaluates programs, projects, policies, and activities to ensure they are meeting targeted goals as well as keeping in line with current levels of funding. Based on experience, difficult and strategic recommendations are made to City Council. For example, when funding is not moving quickly, an alternate priority need project or program is recommended. Council gives the City Manager the authority to redirect funds based upon certain criteria and/or timelines. The CDBG timely expenditure ratios and HOME CHDO commitment and expenditure deadlines are monitored closely. Staff directs funding toward core programs established during the previous year and identified within the Five-Year ConPlan.

The City’s Citizens Participation Plan allows minor and technical amendments to be reviewed and authorized by the City Manager. All substantial amendments, resulting in a 75% reallocation of funding, are taken to City Council through a public hearing as well as community meetings for public input. The reallocation of funding may occur throughout the year for both CDBG and HOME and is documented by way of a memo submitted to the City Manager for review and approval.

Objectives have not changed in working toward meeting high priority needs. As a result of the needs identified through meetings with non-profit housing and service providers, City Manager and Council, HOME and CDBG funding was approved to assist in meeting the needs of Visalia’s homeless population through TBRA and Public Services.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

N/A
670
City of Visalia Draft PY 2023 CAPER Page 29
CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.

The HOME and RDA Successor Agency Housing on-sight monitoring of Kaweah Management Company (KMC) East Kaweah (8-units), Santa Fe (6-units), Willowbrook (10-units), Encina Triplex (3-units), Transitional Mental Health (18-units), and Oak Meadows (59-units) apartment rental projects occurred during in the Program Year 2023/2024. No findings were noted, however, there were minor repairs.

Oversight monitoring occurred through building inspections, invoice reviews, annual rent approval and site visits.

Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.

92.351(b)
The City contracted with the Fair Housing Council of Central California (FHCCC) to provide education on fair housing and conduct testing. FHCCC is also tracking the number of callers requesting information on Fair Housing, people assisted, and more.

The City, and its partners, publish the Fair Housing logo on all applications and information flyers, collect data related to applicants, and publish affordable housing programs on its website.

Additional outreach efforts include working with local lenders to promote affordable housing programs.

The City requires its partners to provide affirmative marketing plans as part of its process in providing funding.

Additionally, the City requires its partners, who provide affordable housing, to require participants of programs to attend housing counseling services. The City also partners with non-profit developers and requires that a marketing plan be submitted with proposals to affirm marketing efforts.

Data on the amount and use of program income for projects, including the number of projects and owner and tenant characteristics.

The City Council approved the use of HOME program Income funding toward various projects and allowed 10% Program Income Administration. Projects that utilized PI, and EN, include:
• SHE CHDO Acq/Rehab single family projects,
• The Lofts Project, and
671
City of Visalia Draft PY 2023 CAPER Page 30
• Tenant Based Rental Assistance
See CR-15 which reflects the Program Income received during the year, and CR-10 (Number of HOMEassisted activities completed during the Program Year). The total PI drawn (expended) during the year, referenced on the PR-09 report, was $662,827, including Program Income Administration.

Self-Help Enterprises (SHE) will utilize both HOME PI and EN -HOME CHDO funding toward the construction of five (5) single family dwellings on NW 5th street for low-moderate-income households at 80% of the area median income level. SHE will also utilize HOME EN and HOME PI for the development of the Lofts Project for low-income households at or below 60% of the area median income level.

Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics The City Council approved the use of HOME program Income funding toward various projects and allowed 10% Program Income Administration. Projects that utilized PI, and EN, included:
• SHE CHDO Acq/Rehab single family projects, and
• Tenant Based Rental Assistance
See CR-15 which reflects the Program Income received during the year, and CR-10 (Number of HOMEassisted activities completed during the Program Year). The total PI drawn (expended) during the year, referenced on the PR-09 report, was $662,827, including Program Income Administration. SHE utilized both HOME PI and EN -HOME CHDO funding toward the construction of the Lofts Project.

Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing).

91.320(j)
The HOME program objectives continue with promoting, maintaining, and providing affordable housing working with non-profit agencies. Specifically, the programs administered were:
• HOME SHE Acq/Rehab/Resell and Acq/Rehab/Rent Projects: The City has provided HOME-CHDO funding to its certified non-profit agency, Self Help Enterprises. Self Help will be utilizing the funds toward the construction of five (5) single family dwellings on NW 5th Street. The homes will be sold to income qualifying households.
• The Lofts Project: Construction of an 80-mixed use affordable housing complex. The project will provide 79-residential units for households at or below 60% of the area median income level, and 1-onsite manager unit, 11 floating units will be HOME assisted.

Housing Counseling is required for all housing participants. Such services are provided by HUD-certified housing counseling agencies: Community Service Employment Training, Inc. (CSET) and Self-Help Enterprises, Inc. (SHE).
672
City of Visalia Draft PY 2023 CAPER Page 31
Attachment A: Accomplishments
• Attachment A-1: Cover Page
• Attachment A-2: Table 1 Expenditures and Accomplishments • Attachment A-3: City Council Staff Report
• Attachment A-4: City Council Resolution
673
City of Visalia Draft PY 2023 CAPER Page 32
Attachment A-1: Cover Page
674
City of Visalia Draft PY 2023 CAPER Page 33
Attachment A-2: 2022/23 HOME & CDBG Expenditures and Accomplishments 675
City of Visalia Draft PY 2023 CAPER Page 34
Attachment A-3: City Council Staff Report
To be added.
676
City of Visalia Draft PY 2023 CAPER Page 35
Attachment A-4: City Council Resolution
To be added.
677
City of Visalia Draft PY 2023 CAPER Page 36
Attachment B: Citizen Participation
• Attachment B-1: Public Notice - English
• Attachment B-2: Public Notice – Legal Ad English
• Attachment B-3: Public Notice – Legal Ad English Certification • Attachment B-4: Public Notice – Spanish
• Attachment B-5: Public Notice – Legal Ad Spanish
• Attachment B-6: Public Notice – Legal Ad Spanish Certification • Attachment B-7: City Website – CDBG Public Notice Page • Attachment B-8: Continuum of Care Listserv Posts
• Attachment B-9: Citizen Participation Summary
678
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Attachment B-1: Public Notice –English
679
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Attachment B-2: Public Notice – Legal Ad
City of Visalia
Public Notice of the Draft
2023 Consolidated Annual Performance Evaluation Report
August 30, 2024 – September 16, 2024
Notice is hereby given that the City of Visalia is seeking input on the Draft Program Year (PY) 2023 Consolidated Annual Performance and Evaluation Report (CAPER). The PY 2023 CAPER consists of an annual assessment of the Community Development Block Grant (CDBG), and HOME Investment Partnerships Grant (HOME) funds based on priority needs and goals identified by the 5-year Consolidated Plan. The public comment period for the PY 2023 CAPER August 30, 2024 – September 16, 2024. The draft PY 2023 CAPER is available for public review on the City’s website at www.visalia.city.

Staff invites you to attend the upcoming community meeting and/or public hearing:
• Citizens Advisory Committee - September 4, 2024, at 5:30pm at 220 N. Santa Fe St., Visalia • Public Hearing - September 16, 2024, at 7:00pm at 707 W. Acequia Ave., Visalia If you are unable to attend a community meeting and/or public hearing, you may submit your comments in writing to the City of Visalia Housing Division at [email protected].

In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings call (559) 713-4512 48-hours in advance of the meeting. For Hearing Impaired call (559) 713- 4900 (TTY) 48-hours in advance of the scheduled meeting time to request services.

Published: 8/30/24
680
City of Visalia Draft PY 2023 CAPER Page 39
Attachment B-3: Public Notice Legal Ad English Certification 681
City of Visalia Draft PY 2023 CAPER Page 40
Attachment B-4: Public Notice- Spanish
682
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Attachment B-5: Public Notice Legal Ad - Spanish
Ciudad de Visalia
Aviso público del borrador
Informe Anual Consolidado de Evaluación de Desempeño 2023 30 de agosto de 2024 – 16 de septiembre de 2024
Por la presente se notifica que la ciudad de Visalia está solicitando comentarios sobre el Informe de Evaluación y Desempeño Anual Consolidado (CAPER) del Borrador del Año del Programa (PY) 2023. El CAPER PY 2023 consiste en una evaluación anual de los fondos de la Subvención en bloque para el desarrollo comunitario (CDBG) y la Subvención de asociaciones de inversión HOME (HOME) en función de las necesidades y objetivos prioritarios identificados por el Plan consolidado de 5 años. El período de comentarios públicos para el CAPER PY 2023 será del 30 de agosto de 2024 al 16 de septiembre de 2024. El borrador del CAPER PY 2023 está disponible para revisión pública en el sitio web de la Ciudad en www.visalia.city.

El personal lo invita a asistir a la próxima reunión comunitaria y/o audiencia pública:
• Comité Asesor de Ciudadanos: 4 de septiembre de 2024, a las 5:30 p.m. en 220 N. Santa Fe St., Visalia
• Audiencia pública: 16 de septiembre de 2024, a las 7:00 p.m. en 707 W. Acequia Ave., Visalia Si no puede asistir a una reunión comunitaria y/o audiencia pública, puede enviar sus comentarios por escrito a la División de Vivienda de la Ciudad de Visalia a [email protected].

En cumplimiento de la Ley Estadounidense de Discapacidades, si necesita asistencia especial para participar en las reuniones, llame al (559) 713-4512 48 horas antes de la reunión. Para personas con problemas de audición, llame al (559) 713-4900 (TTY) 48 horas antes de la hora programada para la reunión para solicitar servicios.

Publicado: 30/08/24
683
City of Visalia Draft PY 2023 CAPER Page 42
Attachment B-6: Public Notice Legal Ad Spanish Certification 684
City of Visalia Draft PY 2023 CAPER Page 43
Attachment B-7: City Website – CDBG Public Notice Page
685
City of Visalia Draft PY 2023 CAPER Page 44
Attachment B-8: Continuum of Care Listserv Post
686
City of Visalia Draft PY 2023 CAPER Page 45
Attachment B-9: Citizen Participation Summary
The City of Visalia Program Year (PY) 2023 CAPER public comment period was held from August 30, 2024, through September 16, 2024. A public notice was published in Visalia Times Delta on 8/30/24, and in English and Spanish to inform the public of the opportunity to review and comment on the PY 2023 draft CAPER. Public notices were posted on the City’s website on the home page as well as on the housing department public notices page. Public notices were also posted on the City of Visalia social media pages. Public notices were also posted at the following city locations:
• City Hall – 707 W. Acequia Avenue, Visalia, CA 93291
• City of Visalia Administration – 220 N. Santa Fe Street, Visalia, CA 93292 • Visalia Transit – 425 E. Oak Avenue #301, Visalia, CA 93291 • City of Visalia Community Development – 315 E. Acequia Avenue, Visalia, CA 93291 Public notices were also sent on the Kings Tulare Homeless Alliance Continuum of Care listserv to 450 stakeholders throughout Tulare and Kings County.

The following public meetings were to allow the public to comment on the draft PY 2022 CAPER:
• Citizen Advisory Committee Meeting – September 4, 2024, at 5:30pm o City of Visalia Administration at 220 N. Santa Fe St., Visalia, CA 93291 • Public Hearing – September 16, 2024, at 7:00pm
o Council Chambers at 707 W. Acequia Avenue, Visalia, CA 93291 Public comments to be added following the public comment period. 687
City of Visalia Draft PY 2023 CAPER Page 46
Attachment C: Continuum of Care Reports
• Attachment C-1: Point in Time Survey Report
• Attachment C-2: Point in Time Survey Results
688
City of Visalia Draft PY 2023 CAPER Page 47
Attachment C-1: Point in Time Survey Report
To be added. Point in Time full report has not been released yet. 689
City of Visalia Draft PY 2023 CAPER Page 48
Attachment C-2: Point In Time Survey Results
City of Visalia Point In Time Survey Results
690
City of Visalia Draft PY 2023 CAPER Page 49
Tulare County Point In Time Survey Results
691
City of Visalia Draft PY 2023 CAPER Page 50
692
City of Visalia Draft PY 2023 CAPER Page 51
Attachment D: IDIS Reports
• Attachment D-1: PR-26 CDBG Financial Summary Report
• Attachment D-2: PR-26 CDBG-CV Financial Summary
• Attachment D-3: PR-09 CDBG Program Income Detail Report • Attachment D-4: PR-02 CDBG Project Activities Report
• Attachment D-5: PR-23 CDBG Accomplishments
693
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Attachment D-1: PR-26 CDBG Financial Summary Report
694
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695
City of Visalia Draft PY 2023 CAPER Page 54
696
City of Visalia Draft PY 2023 CAPER Page 55
Attachment D-2: PR-26 CDBG-CV Financial Summary Report
697
City of Visalia Draft PY 2023 CAPER Page 56
698
City of Visalia Draft PY 2023 CAPER Page 57
Attachment D-3: PR-09 CDBG Program Income Detail Report 699
City of Visalia Draft PY 2023 CAPER Page 58
700
City of Visalia Draft PY 2023 CAPER Page 59
Attachment D-4: PR-02 CDBG Project Activities Report
701
City of Visalia Draft PY 2023 CAPER Page 60
Attachment D-5: PR 23 CDBG Accomplishments
702
City of Visalia Draft PY 2023 CAPER Page 61
703
City of Visalia
FY 2023/2024
Consolidated Annual Performance
& Evaluation Report (CAPER)

CITY COUNCIL MEETING
SEPTEMBER 16, 2024
704
CAPER Purpose
Annually the City is required to submit a report to HUD that reports how CDBG and HOME funds were used. This report is called the Consolidated Annual Performance & Evaluation Report (CAPER).

CAPER Requirements:
* Receive Public Comments on use of funds
* Council approve report by resolution
* Report submitted to HUD by 9/30/24
705
PUBLIC

COMMENT
PERIOD
Public Comment Period
•August 30 - September 16, 2024
Citizens Advisory Committee
•September 4, 2024
Public Hearing
•September 16, 2024
706
FY 2023/2024 CDBG Resources
Annual Grant
$1,206,775

CDBG-CV
$108,655
Prior Years
Funds
$1,952,988
Program
Income
$569,432
Total 2023
CDBG Funds
$3,837,850
707
FY 2023/2024 CDBG Expenses & Accomplishments
Table 1: FY 2023/2024 CDBG Expenses & Accomplishments
Activity Expense Accomplishment
CDBG Administration $ 274,527 N/A
Public Services:

Kings Tulare Homeless Alliance - Continuum of Care $ 20,635 PIT Count 587 Individuals Family Services – PSH Voucher Program 50,000 14-Units
Kings View PATH – Housing Flex Funds 49,997 31 Individuals Assisted Self-Help Enterprises - COVID Rental/Mortgage Assistance 90,492 46 Rental Assistance Total Public Services $ 211,124
Affordable Housing:

Habitat for Humanity - Emergency Home Repair & ADA Program $ 18,504 3 Units Self-Help Enterprises - Senior Mobile Home Repair Program 43,957 2 Units in Process Code Enforcement 172,423 326 Citations/249 Corrected
Total Affordable Housing $ 234,884
Public Facility Improvements:

ADA Transit Pathway Project 406,490 5,404 Disabled Individuals Visalia Navigation Center 2,423,811 100 Beds
Total Public Facility Improvements $ 2,830,301
Total FY 2023/2024 CDBG Expenditures $ 3,550,836
708
CDBG FY 23/24 Accomplishments
•ADA Transit Pathway
• Corrected ADA deficits via repairs of
existing intersection ramps, sidewalk,
curb, tree wells, driveway approaches,
and alley approaches from Transit to
Main St. on Bridge St. and Santa Fe.
709
Visalia Navigation Center
• 100-Bed Low-Barrier Navigation Center
• Service-enriched center to assist individuals into permanent housing and long-term stability. • Intensive case management, substance abuse/mental health services, job training/placement. • Rapid rehousing services: Security deposits, rental arrears assistance, landlord mitigation etc. 710
FY 2023/24 HOME Resources
Annual Grant
$538,976

HOME-ARP
$14,597
Prior Years
Funds
$82,271
Program
Income
$662,827
Total 2023
HOME Funds
$1,298,670
711
FY 2023/24 HOME Expenses & Accomplishments
Table 2: FY 2023/24 HOME Expenses & Accomplishments
Activity Expense Accomplishment
HOME Administration $ 65,324 N/A
HOME-ARP Administration 14,597 N/A
The Loft’s Project at Fort Visalia 634,375 11 HOME Units Homebuyer Assistance 52,126 1 Homebuyer Assistance
Total FY 2023/24 HOME Expenditures $ 766,422
712
HOME FY 23/24 Accomplishments
• NW 5th Avenue Project – Homebuyer Assistance
713
• 3-story 80-unit multi-family mixed use complex. 11-HOME assisted units. • 1-and 2-bedroom units for households 60% AMI or lower. 4 ground floor artist lofts. • Commercial space for the Arts Consortium, art gallery, and a community room.

The Lofts at Fort Visalia
714
Staff Recommends
Conduct •Conduct a public hearing.

Motion •Motion to approve the 2023 CAPER.

Authorize •Authorize submission to HUD.
715
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0355 Agenda Date: 9/16/2024 Agenda #: 2.

Agenda Item Wording:

Elliott Subdivision Appeal and Annexation - A public hearing and consideration of the following actions:

1. Appeal of the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597, a request by San Joaquin Valley Homes to subdivide two parcels totaling approximately 59.13- acres into 225 lots for single-family residential use and additional outlots for landscaping and a neighborhood park, to be located within the R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) zone. The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue within the jurisdiction of the County of Tulare (APNs: 087-010-006, 008) (Resolution No. 2024-49 required); and

2. Adopt Initial Study / Mitigated Negative Declaration No. 2024-05 for Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597 (Resolution No. 2024-47 required); and

3. Initiation of Proceedings for Annexation No. 2024-01, a request by San Joaquin Valley Homes to annex two parcels totaling approximately 59.13-acres into the City Limits of Visalia. Upon annexation the area would be zoned R-1-5 (Single-Family Residential, 5,000 square foot minimum site area), which is consistent with the General Plan Land Use Designation of Residential Low Density. The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue within the jurisdiction of the County of Tulare (APNs: 087-010-006, 008) (Resolution No. 2024-48 required); and

4. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and

5. Authorize the City Manager to sign and enter into a Pre-Annexation Agreement.

Deadline for Action: 9/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Cristobal Carrillo, Associate Planner, (559) 713-4443, [email protected] < mailto:[email protected]>
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends that the City Council receive the staff report, staff presentation, hold a public hearing, and take the following actions related to the appeal of the Elliott tentative subdivision map and the request to initiate annexation proceedings as follows:

1. Adopt Resolution No. 2024-49, denying the appeal and upholding the Planning Commission’s Visalia City Council Page 1 of 13 Printed on 9/13/2024
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approval of Elliott Tentative Subdivision Map No. 5597; and

2. Adopt Initial Study / Mitigated Negative Declaration No. 2024-05 for Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597 (Resolution No. 2024-47); and

3. Initiate proceedings on Annexation No. 2024-01 with the Tulare County Local Agency Formation Commission (LAFCO) (Resolution No. 2024-48); and

4. Authorize the detachment of the property from County Service Area No. 1 in accordance with State and County requirements; and

5. Authorize the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and property owners.

If approved by the City Council, staff will file the Annexation application with LAFCO.

Summary:

The applicant, San Joaquin Valley Homes (SJVH), filed Annexation No. 2024-01 and the Elliott Tentative Subdivision Map No. 5597. These associated projects were submitted to facilitate the annexation of 59.13-acres of property into the City limits of Visalia, for the development of a 225-lot single-family residential subdivision, with a 4.15-acre neighborhood park. A full description of the annexation and subdivision request is provided in the “Project Overview” section of this staff report.

Both project entitlements were heard by the Visalia Planning Commission at public hearings on July 22, 2024, and August 12, 2024. The Planning Commission approved the subdivision request and recommended approval of the annexation to the Visalia City Council.

Staff noticed the annexation in the Visalia Times-Delta newspaper for a public hearing before the City Council on September 3, 2024. The public hearing notice was published August 22, 2024. However, on August 21, 2024, the City Clerk received an appeal of the Planning Commission’s approval of the subdivision, citing public safety concerns. Due to the timing of the appeal filing, the annexation item was withdrawn from the September 3, 2024, City Council meeting and rescheduled for September 16, 2024. Detail on the appeal of the subdivision approval is provided below.

Appeal:

On August 21, 2024, the City Clerk received an appeal of the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597. The appeal was filed by the owners of six properties within the Savannha Heights subdivision, located directly south of the project site. The crux of the appeal is as follows:
· “The appeal is made by all six of the landowners in Savannha Heights that are to the south border of Map 5597. Each owner has approximately 5 ft width of property along a corridor of approximately 1200 feet total that will be in “No Mans Land” given the approval of Map 5597…The approval of Map 5597 by the Visalia Planning Commission does not adequately address the safety concerns now created since there will be a new wall or fence put up by the new development approximately 5 feet north of the current wall. Thus, a very long corridor of No Mans Land is created.”
The full text of the appeal is included in Attachment 1. Background pertinent to the appeal request (specifically the five-foot width of property described as a “No Mans Land”) is included in the “Planning Commission Review and Action” section of this report.

Planning Commission Review and Action:

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July 22, 2024, Planning Commission Hearing
The Planning Commission conducted a public hearing on July 22, 2024, for Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597. After receiving the staff presentation and public testimony from the applicant and neighboring property owners, the Planning Commission continued the item to the August 12, 2024, meeting. The decision to continue the item was due to information provided during the public hearing from property owners within the Savannah Heights subdivision to the south. The property owners raised concerns about what would occur to a five-foot-wide strip of land under their ownership which is located on the northside of the existing block wall and the Elliott Subdivision site. The five-foot strip affects six properties in the Savannah Heights subdivision. The property owners raised concerns that development of the Elliott Subdivision could infringe on their property and requested clarification on how the “5 foot wide by 1,197 foot long” strip of land under their ownership would be maintained and protected from possible trespassing.

The Planning Commission directed staff to conduct research on the Savannah Heights subdivision to determine how the five-foot block wall offset from property line came to be and directed the project applicant (SJVH) to reach out to affected property owners to devise potential solutions to address their concerns.

August 12, 2024, Planning Commission Hearing
On August 12, 2024, the Planning Commission reintroduced the continued item for public discussion.

Staff presented findings describing how the five-foot offset came to be and provided an overview of outreach efforts by SJVH to the affected Savannah Heights property owners. Staff findings and SJVH outreach efforts shared at the August 12, 2024, meeting is summarized below.

Savannah Heights Subdivision Map:

On April 12, 1993, the Visalia Planning Commission approved the Savannah Heights Tentative Subdivision Map and Conditional Use Permit No. 1993-10. These projects were a request to develop a 53-lot single-family residential subdivision at a density of two dwelling units per acre in the former R -A (Rural Agricultural) zone. The Savannah Heights subdivision is located north of West Walnut Avenue, between South Shirk Street and South Roeben Street, just south of the proposed Elliott Subdivision. As part of the analysis for the Savannah Heights project, concerns were noted about potential impacts from the property to the north (i.e. the future Elliott Subdivision site), as it was in agricultural production at the time. To mitigate impacts from farming operations on the future Savannah Heights residential development, three conditions of approval were applied to create a buffer between the residential and agricultural uses. The conditions were as follows:
· Application of a 50-foot-wide non-habitable rear setback area along the northern portion of the six lots adjacent to the agricultural parcel to the north. This condition was met. · Installation of a 6-foot, 8-inch-tall block wall along the northern edge of the six lots adjacent to the agricultural parcel to the north, setback five feet south of the northern property boundary “…to provide turning areas for farm equipment,” and planting of a tree row inside the wall. The report notes that this wall “…would be maintained by the individual homeowners.” This condition was met.
· Attachment of a “Right to Farm” notice to the Final Subdivision Map and property deeds. This condition was met.

Please note that staff could not find any information on how the agricultural buffer measures originated, nor what would occur to the block wall and 5-foot “buffer area” upon development of the Visalia City Council Page 3 of 13 Printed on 9/13/2024
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Elliott subdivision property.

Meeting Between SJVH and Savannah Heights Property Owners:

On July 26, 2024, San Joaquin Valley Homes (SJVH) staff hand delivered letters to the property owners of the six Savannah Heights properties affected by the five-foot buffer area. The letter (Attachment 2) invited the property owners to an onsite meeting on July 30, 2024, to discuss options formulated by SJVH to address the issue. SJVH staff proposed two possible solutions, listed below as follows:
· Facilitation of a Lot Line Adjustment (LLA) by SJVH to move the property line to match the existing wall, incorporating the five-foot area from each affected parcel into the Elliott Subdivision project site. Fees associated with the LLA (estimated by SJVH at $20,000) would be paid by SJVH and would go towards preparation and recordation of the LLAs; or · Construction of a new 6-foot, 8-inch-tall block wall along the property line shared between the Elliott Subdivision site and the six Savannah Heights lots, with construction costs to be shared by all parties involved. Costs for removal of the existing block wall would be at the expense of the Savannah Heights property owners. Based on current estimates provided by SJVH, the cost of constructing a block wall would be approximately $100 per linear foot. With each site containing an approximately 200-foot-long rear property boundary, the total cost per parcel would be approximately $20,000. SJVH offered to provide the Savannah Heights homeowners with two bids for construction of the wall, after which SJVH would collect $10,000 from each property owner for the wall’s construction. SJVH would provide Savannah Heights homeowners up to six months to pay the $10,000 amount to SJVH.

SJVH provided a block wall cost breakdown for each of the six lots as noted in the table below:

Savannah Heights
Property Owner
Wall
Length
(LF)
Cost
($/LF)
Total
Cost
Proposed Owner
Share
SJVH
Cost
Tenn 245 110 $26,950 $10,000 $16,95
0 Schouten 197 110 $21,670 $10,000 $11,670
Swanson 189 110 $20,790 $10,000 $10,79
0 Baldwin 189 110 $20,790 $10,000 $10,79
0 Jongsma 196 110 $21,560 $10,000 $11,560
Brown 185 110 $20,350 $10,000 $10,35
0 Both options provided by SJVH required unified cooperation from all six affected property owners in order to create an orderly shared boundary. Per the information provided by SJVH staff, five out of the six affected property owners attended the meeting. Responses to the proffered solutions from SJVH were mixed, with a majority of the attendees requesting SJVH be solely responsible for the full Visalia City Council Page 4 of 13 Printed on 9/13/2024
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SJVH were mixed, with a majority of the attendees requesting SJVH be solely responsible for the full cost to construct a new block wall on the shared property boundary. SJVH noted that the cost to construct a new block wall would be approximately $132,110, and that requiring SJVH to pay the full amount on its own would pose an unreasonable burden to development of the subdivision. Staff also noted that a block wall is not required between single-family residential developments under State and City Code.

Decision of the Planning Commission
At the August 12, 2024, Planning Commission meeting, staff stated that SJVH appeared to have made a good faith effort to find a solution to remove the five-foot strip of land, but unable to forge a consensus amongst the affected property owners. Staff further noted the following conclusions:
· Neither SJVH nor the City can compel the affected Savannah Heights property owners to cooperate with the applicant.
· The City cannot legally require SJVH to acquire properties it does not own in order to facilitate removal of the five-foot strip of property, especially when the property owners do not wish to participate.
· There is no codified development standard within the Visalia Municipal Code that requires a block wall to be constructed between R-1-5 zoned sites. · Research into the Savannah Heights subdivision determined that no remedy was ever provided to remove the five-foot offset once a non-agricultural land use was established on the Elliott subdivision parcel.

At the conclusion of public testimony, the Planning Commission acknowledged the efforts made by all parties to try resolve the issue and found that the project still complied with the City’s General Plan, Housing Element, Housing Accountability Act, Zoning, and Subdivision Ordinances. Based on that information, the Planning Commission approved Elliott Tentative Subdivision Map No. 5597, and recommended that the City Council approve Annexation No. 2024-01. Both actions were approved by 5-0 votes. The Planning Commission staff report is included as Attachment 8 of this report.

Project Overview:

Elliott Tentative Subdivision Map No. 5597
The Elliott Tentative Subdivision Map (see Attachment 4) will subdivide 59.13-acres into a 225-lot single-family residential subdivision, developed in two phases. The subdivision map covers the entirety of the area being annexed under Annexation No. 2024-01. The development will be serviced by 60-foot-wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks, and streetlights), sewer lines, storm drainage, and other public infrastructure, utilities, and services (i.e., electricity and water).

Primary access to Phase I of the subdivision will initially be from South Roeben Avenue and West Tulare Avenue, which will connect to South Shirk Street to the west. Upon completion of Phase 2 a second permanent access will be provided along South Shirk Street and a second access will be provided along West Tulare Avenue. Improvements along these major streets include construction of curb, gutter, sidewalks, block walls (where lots do not front onto major roadways), installation of park strip landscaping, streetlights, sanitary sewer, and undergrounding of utility lines.

The proposed lots will conform to the zoning standards required within the R-1-5 zoning district for lot sizes of 5,000 square feet or greater. The development of the single-family residential lots will conform to the setbacks prescribed by the R-1-5 zoning district. The subdivision map will create five Visalia City Council Page 5 of 13 Printed on 9/13/2024
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conform to the setbacks prescribed by the R-1-5 zoning district. The subdivision map will create five lettered outlots to be dedicated to the City of Visalia. The outlots will function as landscaping lots with block walls (Outlots A through D) and a 4.15-acre neighborhood park (Outlot E). The outlots account for approximately 4.8 acres of the total 59.13-acre development.

Per the developer, the subdivision will consist of a mix of single and two-story homes, ranging in size from 1,735 square feet to 2,855 square feet. Lots will average 8,082 square feet, ranging in size from 6,376 square feet to 12,774 square feet.

The entire project site is currently undeveloped, containing a corn field, a Valley Oak tree grove, and the Persian Ditch. The parcel is surrounded by the Savannah Heights subdivision to the south, the Copper Creek subdivision to the east, and agricultural uses to the north and west. The project site, and areas to the north, south, and west are currently outside City Limits and under the jurisdiction of the County of Tulare.

Annexation No. 2024-01:

The annexation (see Attachment 5) is a request to annex 59.13-acres of land containing a General Plan land use designation of Residential Low Density to facilitate development of the Elliott Tentative Subdivision Map. The project was conditionally approved by the Planning Commission on August 12, 2024. Upon annexation, the project site will be zoned R-1-5 (Single Family Residential, 5,000 square foot minimum), consistent with the applicable land use designation for the site. Annexation No. 2024- 01 is recommended by Planning Commission and staff to be submitted to LAFCO based on the finding wherein the project is consistent with General Plan Policy that allows and directs development to occur in the City’s Tier II Urban Development Boundary (UDB).

The Annexation is supported on the basis that the proposed use is consistent with Visalia General Plan Land Use Element Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Tier II Urban Development Boundary when it is consistent with the City’s Land Use Diagram. The site will have access to requisite utility and infrastructure services, which will be readily available for connection upon development of the project. Cities have the authority to approve tentative map proposals prior to final approval of an annexation by LAFCO.

However, “final maps” for such applications cannot be approved until after an annexation is completed and recorded through the Tulare County Recorder.

Providing of City Services:

The project will require improvements to the following infrastructure:
· Water Service: Water service to the subdivision will be provided by the California Water Service Company. A Will Serve Letter from the California Water Service Company shall be provided prior to issuance of any residential building permit for the project site. · Sanitary Sewer: The sewer system will have to be extended to the boundaries of the development where future connection and extension is anticipated. The City of Visalia’s draft Sewer Master Plan also indicates the need for installation of a sewer master planned trunk line within South Shirk Street. The sewer lines will be sized to service the entire subdivision. The developer will be required to coordinate with City staff on design and construction requirements for the sanitary sewer. The sanitary sewer master plan for the entire development will be required to be submitted for review prior to approval of any portion of the system. A sewer analysis, which is included in the attached Initial Study / Mitigated Negative Declaration (Attachment 7), has been prepared for the site. After a thorough review of the analysis by the City of Visalia Public Works Department, it has been determined that the Visalia City Council Page 6 of 13 Printed on 9/13/2024
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analysis by the City of Visalia Public Works Department, it has been determined that the Wastewater Treatment Facility possesses the capacity to effectively accommodate this development.
· Storm Drainage: Phase 1 of the subdivision will incorporate a temporary stormwater basin over Lots 37 through 43, and Lots 186 and 187. Per Engineering Division’s Site Plan Review comments, the temporary basin shall be maintained onsite until the completion of a future regional stormwater basin for the entire future growth area. Compliance with this requirement is enforced via Elliott Tentative Subdivision Map conditions of approval. · Canal/Park: The Persian Ditch bisects Outlot E, which is planned for a 4.15-acre neighborhood park. As part of the development, the applicant proposes installation of 12- footwide access roads along both sides of the Persian Ditch, with 6-foot-tall chain link fencing with privacy slats added to prevent access. Site Plan Review comments from the Engineering Division note that access roads for the ditch shall be a minimum 15 feet wide. A condition of approval was applied to the tentative subdivision map requiring the applicant to coordinate with the Persian Ditch Company and comply with any requirements to conduct the proposed improvements.
o In addition to the above, Site Plan Review comments from the Engineering Division indicate that the widening of South Roeben Street will necessitate culvert improvements to the Persian Ditch, where it intersects with South Roeben Street. Improvements shall include installation of a culvert crossing, headwall relocation, sidewalk, access drive approaches for maintenance, fencing, and gates. This requirement was also included as a condition of approval of the approved subdivision map.

The full complement of city services and programs, including Police and Fire protection, public parks usage, and Solid Waste collection, will also be provided to the project site and its future occupants upon annexation.

Detachment for Service Area No. 1:

The subject site is part of Tulare County Service Area No. 1. Services provided in Service Area No. 1 include domestic water and sewer. Detachment of the project area from Service Area No. 1 is required upon annexation as future development will receive domestic water and sanitary sewer services from the California Water Service Company and the City of Visalia, respectively.

Annexations submitted to LAFCO require that the City include a request to detach the annexed area from the County’s service area. Though detachments were previously an automatic process conducted as part of annexations, a 2009 law change now requires Cities to explicitly request detachment.

Pre-Annexation Agreement:

The annexation will be subject to the terms of a Pre-Annexation Agreement which must be signed by the property owners requesting the annexation. The agreement is included as Attachment 6 in the staff report.

City Council Districts:

If the annexation area is approved, the parcel will be annexed into Voting District 3, as identified in the Election District Map adopted by the City Council on February 22, 2022, per Resolution No. 2022-

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General Plan Consistency:

The entire site has been designated for residential land uses since the adoption of the Visalia General Plan in 2014. The project is consistent with residential development policies within the Land Use Element of the General Plan, as it will facilitate a new residential neighborhood that will complement existing residential development to the south and east. Specifically, the proposal is consistent with Land Use Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Tier II Urban Development Boundary consistent with the City’s Land Use Diagram. The subdivision is further consistent with General Plan Land Use Policy LU-P-55, which allows for “…single-family subdivisions” consistent with the Low-Density Residential designation at a density range between 2 to 10 dwelling units per gross acre. The Elliott subdivision will develop the site at a density of 3.8 units per acre, which is consistent with the density range as noted above.

Furthermore, the subdivision’s design and lot pattern are consistent with the site’s Residential Low Density land use designation. Compatibility with the surrounding area is required by the General Plan in the decision to approve the proposed subdivision. The proposed subdivision meets all codified standards contained in the Zoning and Subdivision Ordinances.

Traffic Circulation and Street Improvements:

The developer of the subdivision will be required to construct major street improvements along South Roeben Street, West Tulare Avenue, and South Shirk Street. Improvements along the subdivision frontage for these major streets include widening of Roeben, Tulare, and Shirk to their ultimate rightof-way design, and extension of Tulare further westward. Improvements to be conducted are as follows:
· South Roeben Street: Is a designated 84-foot-wide collector roadway. The project will require a 42-foot dedication and widening of the street along the eastern boundary of the project site to accommodate two travel lanes with full frontage improvements. · West Tulare Avenue: Is a designated 84-foot-wide collector roadway that will require a 42-foot dedication of the street. Construction will occur along the northern boundary of the project site to accommodate two travel lanes and frontage improvements on the development side. Tulare Avenue will provide a connection between South Shirk Street to Street 6 (Note: Street 6 is a temporary street name employed in Attachment 4). Please note, the off-site connection of Tulare Avenue to South Roeben Street shall not occur with this project. There is a 19-acre parcel adjacent to the project to the east. When this 19-acre parcel is proposed for residential development, the completion of the Tulare Avenue alignment between Roeben and Street 6 will occur.
· South Shirk Street: Is a designated 110-foot-wide arterial roadway. The project will require an additional dedication of right of way to allow for the widening of Shirk Street up to a total of 55 feet along the western boundary of the project site, to accommodate two travel lanes, with the potential for a street median if sufficient right-of-way is available. Improvements along the right of way within the boundaries of the subdivision map shall include curb, gutter, sidewalks, streetlights, a block wall, and landscaping. All new utilities that will service the residential subdivision will be placed underground, except for the large Southern California Edison distribution/transmission power poles along the South Shirk Street alignment that are within the boundaries of the project site. These poles are required to be relocated by the developer.

Local street improvements will also be conducted, as follows:
· Local Streets: All local streets will be developed per the City’s 60-foot-wide local street Visalia City Council Page 8 of 13 Printed on 9/13/2024
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· Local Streets: All local streets will be developed per the City’s 60-foot-wide local street standard, except for the northern 600 feet of Street 6, which is proposed for a width of approximately 30 feet due to its location adjacent to a separate parcel. Per the Engineering Division Site Plan Review comments, the width of Street 6 must be a minimum 60 feet.

Therefore, a condition of approval was applied to the subdivision map requiring compliance with all standards of the Engineering and Traffic Engineering Division, in particular as it relates to the width of Street 6. With the inclusion of the condition, the proposed local streets shall provide adequate access to Roeben Street, Tulare Avenue, and Shirk Street and will serve to improve circulation for the general area.

Traffic Impact Analysis:

A Traffic Impact Analysis (TIA) was prepared for the proposed project (ref.: Traffic Study: Elliott Tentative Subdivision. Ruettgers & Schuler Civil Engineers, December 2023, Updated June 2024).

The purpose of the study is to analyze traffic conditions and operational issues related to the development of the subdivision and its projected level of service (LOS) at opening year and the fiveyear horizon, and to analyze the corresponding environmental impact as required by the California Environmental Quality Act (CEQA). The TIA analyzed existing and proposed intersections within a half-mile radius of the project site.

The TIA determined that the proposed project would cause unacceptable LOS at three separate intersections by 2033:
· Shirk Street and State Route 198, westbound ramps;
· Shirk Street and State Route 198, eastbound ramps; and · Shirk Street and Walnut Avenue.

The subdivision project will pay its fair share of traffic impact fees to support payment of the traffic signals at the three identified intersections. This is a required mitigation measure as stated in Mitigated Negative Declaration No. 2024-05 (see Attachment 7).

Please note, improvements to the cited intersections in the TIA are part of the City’s Capital Improvement Program (CIP). The CIP is a plan that identifies and funds improvements of significant city infrastructure and facilities. Improvements to the Shirk Street and State Route 198 signals are identified within the “Shirk Street & SR 198 Operational Improvements” CIP. This CIP will signalize both the west and eastbound on/off ramps at the State Route 198 and Shirk Street interchange.

Funding for the complete project is expected to be received by the end of this year with construction projected to begin by the Fall of 2025. Improvements to the Shirk Street and Walnut Avenue signal are identified in the “Shirk St & Walnut Ave Traffic Signal” project, which will be funded through multiple CIPs as the project is intended to improve additional infrastructure outside of the street intersection. This project is estimated to begin construction in January 2026.

A summary of the TIA is provided in the attached Planning Commission staff report (see Attachment 8).

Agricultural Preservation Ordinance Requirements:

The 59.13-acre project site is in the City’s Tier II urban development boundary and is designated as Prime Farmland as defined per the Tulare County Farmland Mapping and Monitoring Program. As a result, development of this site is subject to the City’s Agricultural Preservation Ordinance (APO), which addresses the conversion of prime farmland and farmland of statewide importance, in compliance with Visalia General Plan Land Use Policy LU-P-34. The applicant will be required to Visalia City Council Page 9 of 13 Printed on 9/13/2024
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compliance with Visalia General Plan Land Use Policy LU-P-34. The applicant will be required to participate in the APO’s agricultural land preservation program, which preserves agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee.

Compliance with the APO is achieved when either the approved agricultural conservation easement has been recorded or the applicant has remitted the approved in-lieu fee to the qualified entity. The preserved land obligation shall be satisfied prior to issuance of any permit directly authorizing or resulting in disturbance to the project site.

Landscape and Lighting Assessment District - Block Walls:

A Landscaping and Lighting District (LLD) will be required for the long-term maintenance of the subdivision out lots, which include blocks walls, streetlights, and landscaping amenities. The block walls along the major street frontages will be typical City standard block walls. These walls shall also be maintained by the Lighting and Landscape District
During Planning Commission review of the proposal, Staff noted that Lot 1 of the Elliott subdivision and three residential lots to the south abut the proposed 4.15-acre neighborhood park (Outlot E). In order to prevent impacts from usage of the park on the existing and future residences, staff recommended the inclusion of Elliott Tentative Subdivision Map No. 5597, Condition No. 9, stating the following:
· That a seven-foot-tall block wall shall be installed along the shared boundaries of Outlot E, Elliott Subdivision Lot 1, Savannah Heights Unit 3 Subdivision Lots 44 and 45 (1617 and 1618 South Jacques Court), and 1627 South Roeben Street (APN: 087-442-040). For Elliott Subdivision Lot 1, the block wall shall transition to a three-foot-tall block wall within the 15-foot front yard setback area. The walls shall also be maintained by the Lighting and Landscape District for the Elliott Tentative Subdivision Map No. 5597.

However, upon further review, staff notes that Lot 45 of the Savannah Heights Unit 3 Subdivision (1617 South Jacques Court) will not abut the neighborhood park parcel. As such staff recommends that the City Council, as part of its decision on the annexation and appeal request, approve a revision to Elliott Tentative Subdivision Map No. 5597, Condition No. 9, removing mention of Savannah Heights Lot 45.

Public Comment:

A public comment letter was received from Jim and Carmen Martinez, owners of the property at 1548 South Shirk Road, immediately southwest of the project site and within Tulare County jurisdiction.

The owners submitted a series of letters (see Attachment 3) stating opposition to the project due to the following concerns:
· That the project would infringe on a prescriptive easement that permits the Martinez’s fence, which has been in the same location for many years, to encroach into the Elliott Subdivision site.
· That the project will increase traffic volumes on adjacent streets to unsafe levels. · That the project will harm existing habitats for wildlife residing in the area.

The Martinez’s also request that if the project is to move forward, the City Council should require the developer to construct only single-story homes along the southern border of the Elliott Subdivision site, to preserve the privacy of property owners to the south.

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Staff notes that both a TIA and Biological Study have been conducted by the applicant as part of this project, and are included in the Initial Study / Mitigated Negative Declaration. Mitigation measures identified in the studies have been incorporated into the project via conditions of approval and are considered adequate to address any potential impacts to traffic and wildlife. Specifically, impacts to traffic will be alleviated through the payment of fees for the future signalization of affected street intersections. Animals noted in the comment letter were not identified in the Biological Study as species that appear on any threatened or endangered listing.

The issues related to fencing and prescriptive easements constitute a civil matter that must be addressed by the parties involved. Application of conditions by staff to resolve the matter would be outside of the City’s purview. Lastly, staff notes that if the project is approved, the property would be assigned a zoning of R-1-5 (Single Family Residential, 5,000 square foot minimum site area), which permits two story (35 feet) residences “by- right”. A limitation to building heights would represent an undue restriction on rights normally afforded to developers of R-1-5 properties.

No other public comment has been received as of the publication of this report.

Fiscal Impact:

Future development of the property will require the developer to pay development impact fees which include Transportation, Trunk Line Capacity, Strom Drainage Acquisition, Park Acquisition and Development, Waterways Acquisition, Public Safety, and Groundwater Overdraft Mitigation.

Recommended Motion:

I move to deny the appeal and uphold the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597 per Resolution No. 2024-49; and I move to approve Resolution No. 2024-47, adopting Initial Study / Mitigated Negative Declaration No. 2024-05; and
I move to approve Resolution No. 2024-48, to initiate proceedings for Annexation No. 2024-01, authorize the detachment of property from County Service Area No. 1, and authorize the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and the property owners.

Alternative Motions:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Deny the annexation and uphold the appeal, overturning the decision of the Planning Commission to approve Elliott Tentative Subdivision Map No. 5597. City Council “findings” will need to be integrated into a revised Resolution for Council review and approval at a subsequent meeting; or

2. Refer the matter back to the Planning Commission; or,

3. Continue the matter to a future City Council hearing for additional information.

CEQA Review:

An Initial Study and Mitigated Negative Declaration (see Attachment 7) were prepared for the proposed project. Initial Study and Mitigated Negative Declaration No. 2024-05 (State Clearinghouse No. 2024051257) disclosed that environmental impacts are determined to be less than significant Visalia City Council Page 11 of 13 Printed on 9/13/2024 powered by Legistar™726
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No. 2024051257) disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following resources:
· One (1) mitigation measure pertaining to Transportation to reduce impacts to traffic and circulation.
· Four (4) mitigation measures pertaining to Biological Resources to reduce impacts to specialstatus wildlife species. · Four (4) mitigation measures pertaining to Cultural Resources to reduce the impacts on the potential of exposing historical or archaeological materials during construction. · Three (3) mitigation measures pertaining to Hydrology and Water Quality to address impacts to surface and groundwater resources.

A 20-day review and comment period through the State Clearinghouse for the Initial Study began on June 27, 2024, and ended on July 17, 2024. Mitigation measures were incorporated as conditions of approval of the Subdivision Map.

The City of Visalia also received two comment letters in response to the Initial Study / Mitigated Negative Declaration from Caltrans and the Department of Toxic Substances Control (DTSC). Both letters are included with the Initial Study / Mitigated Negative Declaration. Comments from Caltrans have been adequately addressed in the Traffic Impact Analysis. To address the comments raised in DTSC’s letter, conditions of approval were recommended for incorporation in Elliott Tentative Subdivision Map No. 5597 as follows:
a. That prior to site disturbance, the developer/homebuilder shall consult with a qualified hazardous substance professional to determine whether the applicant should obtain soil samples to test for contaminants of concern (COCs), in particular Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If suggested to be performed, the developer/homebuilder shall have the qualified hazardous substances professional perform the soil sampling per Interim Guidance for Sampling Agricultural Properties from DTSC. The developer/homebuilder shall provide the Planning and Community Preservation Director with a copy of all correspondence between the developer/homebuilder and the qualified hazardous substances professional that details the required direction/recommendation on soil samples to test for COCs/OCPs. The City shall require the developer to comply with specified direction/recommendation as required prior to any further site disturbance.
b. All imported soil and fill material shall be tested to ensure that any contaminants are with DTSC’s and the US Environmental Protection Agency’s (USEPA’s) Regional Screening Levels (RSLs).

Based on the letter and the inclusion of the additional project conditions as noted above, the City concludes that the findings and conclusions of the Initial Study / Mitigated Negative Declaration are still applicable. No other formal comments were received as of the publication of this report.

Attachments:

1. Resolution No. 2024-49, denying the appeal and upholding Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597.

2. Resolution No. 2024-47 certifying Initial Study and Mitigated Negative Declaration No. 2024- Visalia City Council Page 12 of 13 Printed on 9/13/2024 powered by Legistar™727
File #: 24-0355 Agenda Date: 9/16/2024 Agenda #: 2.

05. 3. Resolution No. 2024-48 initiating the Proceedings for Annexation No. 2024-01 and Detachment from County Service Area No. 1.

4. Attachment 1 - Appeal of Planning Commission Action, August 21, 2024

5. Attachment 2 - July 26, 2024, Letter from San Joaquin Valley Homes to Savannah Heights Property Owners

6. Attachment 3 - Public Comment from Jim and Carmen Martinez

7. Attachment 4 - Elliott Tentative Subdivision Map No. 5597

8. Attachment 5 - Annexation Map and Legal Description

9. Attachment 6 - Pre-Annexation Agreement

10.Attachment 7 - Initial Study and Mitigated Negative Declaration No. 2024-05

11.Attachment 8 - August 12, 2024, Planning Commission Staff Report

12.General Plan Map

13.Zoning Map

14.Aerial Map

15.Vicinity Map

16. PowerPoint Presentation
Visalia City Council Page 13 of 13 Printed on 9/13/2024 powered by Legistar™728
RESOLUTION NO 2024-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF ELLIOTT TENTATIVE SUBDIVISION MAP NO. 5597: A REQUEST TO SUBDIVIDE TWO PARCELS TOTALING APPROXIMATELY 59.13-ACRES INTO 225 LOTS FOR

SINGLE-FAMILY RESIDENTIAL USE AND ADDITIONAL OUTLOTS FOR LANDSCAPING AND A NEIGHBORHOOD PARK, TO BE LOCATED WITHIN THE R1-5 (SINGLE-FAMILY RESIDENTIAL, 5,000 SQUARE FOOT MINIMUM SITE AREA) ZONE. THE PROJECT SITE IS LOCATED WEST OF SOUTH ROEBEN STREET, APPROXIMATELY 650 FEET SOUTH OF WEST TULARE AVENUE
(APNS: 087-010-006, 008)
WHEREAS, Elliott Tentative Subdivision Map No. 5597 is a request to subdivide two parcels totaling approximately 59.13-acres into 225 lots for single-family residential use and additional outlots for landscaping and a neighborhood park. The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue (APNs: 087-010-006, 008); and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice held a public hearing before said Commission on July 22, 2024; and WHEREAS, during the July 22, 2024, Planning Commission meeting the Planning Commission requested that the project be continued to the August 12, 2024 Planning Commission meeting to provide staff and the project applicant with time to address concerns raised by the public regarding a five-foot-wide strip of land located between an existing block wall on six lots within the Savannah Heights Subdivision and the southern property boundary of the project site; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice did hold a public hearing before said Commission on August 12, 2024, and concluded said hearing on that date; and
WHEREAS, the Planning Commission of the City of Visalia found the tentative subdivision map to be in accordance with the Visalia General Plan, Housing Element, Housing Accountability Act, Chapter 16.16 of the Subdivision Ordinance of the City of Visalia, and Chapter 17.12 of the Zoning Ordinance of the City of Visalia, based on the evidence contained in the staff report and testimony presented at the public hearing; and
WHEREAS, the Council of the City of Visalia, after a 10-day public notification period, held a public hearing on September 3, 2024; and 729
Resolution No. 2024-49
WHEREAS, the Council of the City of Visalia withdrew the item from the public hearing on September 3, 2024 due to the receipt of an appeal on August 21, 2024, requesting to overturn the Visalia Planning Commission approval of Elliott Tentative Subdivision Map No. 5598; and
WHEREAS, the City Council of the City of Visalia, after ten (10) days of a published public hearing notice held a public hearing before said Council on September 16, 2024; and
WHEREAS, an Initial Study was prepared which disclosed that no significant environmental impacts would result from this project with the incorporation of mitigation measures.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts Mitigated Negative Declaration No. 2024-05 (State Clearinghouse No. 2024051257) for Elliott Tentative Subdivision Map No. 5597 that was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Visalia approves the proposed tentative subdivision map based on the following specific findings and based on the evidence presented:

1. That the proposed location and layout of the Elliott Tentative Subdivision Map No. 5597, its improvements and design, and the conditions under which it will be maintained are consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 59.13-acre project site, which is the site of the proposed 225-lot single-family residential subdivision, is consistent with Land Use Policy LU-P-21 of the General Plan. Policy LU-P-21 allows for the “annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram”.

2. That the proposed Elliott Tentative Subdivision Map No. 5597, its improvements and design, and the conditions under which it will be maintained will not be detrimental to the public health, safety, or welfare, nor materially injurious to properties or improvements in the vicinity, nor is it likely to cause serious public health problems.

The proposed tentative subdivision map will be compatible with adjacent land uses.

The project site is bordered by existing residential development, an arterial street, and two collector streets.

3. That the site is physically suitable for the proposed tentative subdivision map. The Elliott Tentative Subdivision Map No. 5597 is consistent with the intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance, and is not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The project site is adjacent to land zoned for residential 730
Resolution No. 2024-49
development, and the subdivision establishes an arterial, collector, and local street pattern that will serve the subject site and the future development of vacant parcels located to the north and west of the subject site.

4. That the site is physically suitable for the proposed tentative subdivision map and the project’s density, which is consistent with the underlying Low Density Residential General Plan Land Use Designation. The proposed location and layout of the Elliott Tentative Subdivision Map No. 5597, its improvement and design, and the conditions under which it will be maintained is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance. The 59.13-acre project site, which is the site of the proposed 225-lot single-family residential subdivision, is consistent with Land Use Policy LU-P-21.

5. That the proposed Elliott Tentative Subdivision Map No. 5597, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The 225-lot subdivision is designed to comply with the City’s Engineering Improvement Standards for major streets. The development of the site with a 225-lot single-family residential subdivision will improve arterial and collector streets (South Roeben Street, West Tulare Avenue, and South Shirk Street), and extend local streets, infrastructure improvements, utilities, right-of-way improvements and a residential lot pattern consistent with existing residential development found in the area.

6. The proposed location of the tentative subdivision map is in accordance with the Visalia General Plan and the objectives of the Zoning and Subdivision Ordinances.

The proposed location of the subdivision is in accordance with the objectives of the Zoning Ordinance and the purposes of the zone in which the site is located. Multiple General Plan policies identify the implementation of development standards to ensure that new single-family residential development will contribute to positive land use compatibility. The size of the property combined with the number of residential lots proposed is consistent and compatible with existing surrounding residential development.

The proposed project will result in the creation of a new single-family residential development at a density of 3.8 units per acre, which is consistent with General Plan land use designation of Low Density Residential and the R-1-5 zoning designation that will be applied to the site when annexed into the city limits.

7. The Housing Accountability Act (GC section 66589.5) requires local agencies to approve housing developments that are consistent with applicable, objective general plan, zoning, and subdivision standards in effect at the time that the housing development project’s application is determined to be complete. A local agency cannot disapprove a project or lower its density unless it finds by a preponderance of the evidence that the project would have a specific, adverse impact on public health or safety, and there is no feasible way to mitigate or avoid the impact. There is no evidence that the project would cause quantifiable 731
Resolution No. 2024-49
significant unavoidable impacts on public health and safety. The project is consistent, compliant, and in conformity with the General Plan, Zoning Ordinance, and development standards.

8. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2024-05 (State Clearinghouse No. 2024051257), is hereby adopted. Furthermore, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

9. That the applicant, San Joaquin Valley Homes (SJVH), has made a good faith effort to remove a five-foot strip of land located between the project sites southern boundary and an existing block wall on six lots within the Savannah Heights Subdivision, but was unable to forge a consensus amongst the affected property owners to either participate in a Lot Line Adjustment or to share in the costs to construct a new block wall on the shared property boundary. Staff further notes that neither SJVH nor the City can compel the affected Savannah Heights property owners to cooperate with the applicant, nor require SJVH to acquire properties it does not own in order to facilitate removal of the five-foot strip of property.

Furthermore, there is no codified development standard within the Visalia Municipal Code that requires a block wall to be constructed between R-1-5 zoned sites.

BE IT FURTHER RESOLVED that the City Council hereby denies the appeal and upholds the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597 on the real property hereinabove described in accordance with the terms of this resolution under the provisions of Section 16.16.110 of the Ordinance Code of the City of Visalia, subject to the following conditions:

1. That the subdivision map be developed in substantial compliance with the comments and conditions of the Site Plan Review Committee as set forth under Site Plan Review No. 2023-131 incorporated herein by reference.

2. That the Elliott Tentative Subdivision Map No. 5597 be prepared in substantial compliance with the subdivision map in Exhibit “A”.

3. That setbacks for the Elliott Tentative Subdivision Map No. 5597 shall be as follows:

Minimum
Lot Area Front Side Street Side Rear
5,000 sq.
ft.
15-ft. to habitable
space. 22-ft. to
garage, except on
curvilinear lots
20-ft. to garage.
5-ft. 10-ft.
25-ft. City standard rear yard
setbacks are 25 feet with allowance
for one-story structure to go to 20-
feet subject to open space
requirements.

4. That approval of the Elliott Tentative Subdivision Map No. 5597 shall not become effective unless Annexation No. 2024-01, placing the project site within the 732
Resolution No. 2024-49
corporate limits of the City of Visalia, is approved by the Tulare County Local Agency Formation Commission (LAFCO), and is fully executed to include all conditions contained in the Pre-Annexation Agreement for Annexation No. 2024-01.

5. That prior to the issuance of any residential building permit on the site, the applicant / developer shall obtain and provide the City with a valid Will Serve Letter from the California Water Service Company.

6. That the applicant shall consult with City of Visalia Engineering Development Division and Traffic Engineering Division and comply with any requirements for adequate design and improvement of the proposed local, collection, and arterial streets. The applicant shall redesign Street 6 to comply with the 60-foot width requirement for local streets.

7. That the applicant shall comply with the Tulare County Comprehensive Airport Land Use Plan and noise requirements therein prior to issuance of a building permit for the tentative subdivision map. This is subject to a requirement that, in areas where aircraft noise is expected to exceed 60dB CNEL, inhabited residential structures must meet California Noise Standards and be designed to achieve an interior noise level of 45 dB CNEL or less.

8. That the block walls located within the Landscape and Lighting District lots shall transition to three-foot height within the 15-foot front yard setback areas of the adjoining residential lots identified as Lots 49, 50, 63, 64, 105, and 135.

9. That a seven-foot-tall block wall shall be installed along the shared boundaries of Outlot E, Elliott Subdivision Lot 1, Savannah Heights Unit 3 Subdivision Lots 44 (1618 South Jacques Court), and 1627 South Roeben Street (APN: 087-442-040).

For Elliott Subdivision Lot 1, the block wall shall transition to a three-foot-tall block wall within the 15-foot front yard setback area. The walls shall also be maintained by the Lighting and Landscape District for the Elliott Tentative Subdivision Map No. 5597.

10.The applicant shall coordinate with the Persian Ditch Company and shall comply with all its requirements for the installation of improvements to the Persian Ditch within the project site.

11.The applicant shall comply with all requirements of Visalia Municipal Code Chapter

12.24 (Oak Tree Preservation), for the removal of any Valley Oak trees from the project site.

12.That the Mitigation Monitoring and Reporting Program and its mitigation measures adopted with the Initial Study / Mitigated Negative Declaration No. 2024-05 (State Clearinghouse 2024051257) and all conditions of the Elliott Tentative Subdivision Map No. 5597, including the following conditions in response to the Department of Toxic Substances Control (DTSC) comment letter be met during construction and upon final occupancy and ongoing operation of the project:
733
Resolution No. 2024-49
a. That prior to site disturbance, the developer/homebuilder shall consult with a qualified hazardous substance professional to determine whether the applicant should obtain soil samples to test for contaminants of concern (COCs), in particular Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If suggested to be performed, the developer/homebuilder shall have the qualified hazardous substances professional perform the soil sampling per Interim Guidance for Sampling Agricultural Properties from DTSC. The developer/homebuilder shall provide the Planning and Community Preservation Director with a copy of all correspondence between the developer/homebuilder and the qualified hazardous substances professional that details the required direction/recommendation on soil samples to test for COCs/OCPs. The City shall require the developer to comply with specified direction/recommendation as required prior to any further site disturbance.
b. All imported soil and fill material shall be tested to ensure that any contaminants are with DTSC’s and the US Environmental Protection Agency’s (USEPA’s) Regional Screening Levels (RSLs).

13.That the applicant shall consult with the City of Visalia Parks and Recreation Department and shall comply with all requirements for development of the park on Outlot E, which will include designing and installing amenities for the future park.

14.That the temporary stormwater basin located on Lots 37 through 43, and Lots 186 and 187, shall be maintained onsite until a permanent regional ponding basin is established to service the development.

15.That the project be developed in substantial compliance with all improvements depicted and described in Exhibits “A” through “G”.

16.That the developer shall inform and have future homeowners of the Elliott subdivision sign and acknowledge Tulare County’s “Right to Farm” Ordinance. This informs future residential owners that the farming operations located to the north and west, which are located in Tulare County, are protected and cannot be declared a nuisance if operating in a manner consistent with proper and accepted customs and standards.

17.That all applicable federal, state, regional, and city policies and ordinances be met. 734
RESOLUTION NO. 2024-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2024-05,

WHICH EVALUATES ENVIRONMENTAL IMPACTS FOR ANNEXATION
NO. 2024-01 AND ELLIOTT TENTATIVE SUBDIVISION MAP NO. 5597 WHEREAS, the project consisting of Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597 (hereinafter “Project”) is a request to annex 59.13-acres into the City Limits of Visalia in order to facilitate the subdivision of 59.13-acres into a 225-lot single-family residential subdivision. The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue within the jurisdiction of the County of Tulare (APNs: 087-010-006, 008); and,
WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a public hearing before said Council on September 16, 2024; and, WHEREAS, on the basis of this Initial Study, a Mitigated Negative Declaration has been prepared for the Project pursuant to the California Environmental Quality Act of 1970 (CEQA), as amended; and
WHEREAS, the Initial Study and Mitigated Negative Declaration for the Project were prepared and noticed for review and comment for 20 days beginning on June 27, 2024, and ending on July 17, 2024; and,
WHEREAS, the City of Visalia did receive one comment on the Initial Study and Negative Declaration from the from the Department of Toxic Substances Control (DTSC); and,
WHEREAS, to further address the comments raised in DTSC’s letter the following conditions are incorporated in the project’s conditions of approval as follows:
a. That prior to site disturbance, the developer/homebuilder shall consult with a qualified hazardous substance professional to determine whether the applicant should obtain soil samples to test for contaminants of concern (COCs), in particular Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If suggested to be performed, the developer/homebuilder shall have the qualified hazardous substances professional perform the soil sampling per Interim Guidance for Sampling Agricultural Properties from DTSC. The
developer/homebuilder shall provide the Planning and Community Preservation Director with a copy of all correspondence between the developer/homebuilder and the qualified hazardous substances professional that details the required direction/recommendation on soil samples to test for COCs/OCPs. The City shall require the developer to comply with specified direction/recommendation as required prior to any further site disturbance.
735
Resolution No. 2024-47
b. All imported soil and fill material shall be tested to ensure that any contaminants are with DTSC’s and the US Environmental Protection Agency’s (USEPA’s) Regional Screening Levels (RSLs); and WHEREAS, the City Council of the City of Visalia considered the Initial Study and Mitigated Negative Declaration and found that the Initial Study and Mitigated Negative Declaration contain and reflect the independent judgment of the City of Visalia.

NOW, THEREFORE, BE IT RESOLVED that the Initial Study and Mitigated Negative Declaration was prepared consistent with the California Environmental Quality Act (CEQA) and the City of Visalia Environmental Guidelines.

BE IT FURTHER RESOLVED that the City Council of the City of Visalia hereby finds, on the basis of the whole record before it, that there is no substantial evidence that the project will have a significant effect on the environment and hereby adopts Initial Study and Mitigated Negative Declaration No. 2024-05. The documents and other material which constitute the record of the proceedings upon which the decisions based are located at the office of the City Planner, 315 East Acequia Avenue, Visalia, California, 93291.
736
RESOLUTION NO. 2024-48

A RESOLUTION OF APPLICATION BY THE CITY OF VISALIA

REQUESTING THE CITY OF VISALIA TO INITIATE PROCEEDINGS FOR

FILING WITH THE TULARE COUNTY LOCAL AGENCY FORMATION
COMMISSION ANNEXATION NO. 2024-01 AND DETACHMENT OF
PROPERTY FROM COUNTY SERVICE AREA NO. 1, PERTAINING TO
PARCELS TOTALING 59.13 ACRES. THE SITE WOULD BE ZONED R-1-5 (SINGLE FAMILY RESIDENTIAL, 5,000 SQ. FT. MINIMUM SITE AREA),

WHICH IS CONSISTENT WITH THE GENERAL PLAN LAND USE
DESIGNATION OF RESIDENTIAL LOW DENSITY. THE PROJECT SITE IS LOCATED WEST OF SOUTH ROEBEN STREET, APPROXIMATELY 650

FEET SOUTH OF WEST TULARE AVENUE WITHIN THE JURISDICTION OF THE COUNTY OF TULARE (APNS: 087-010-006, 008).

WHEREAS, Annexation No. 2024-01 is a proposed annexation of a total of 59.13 acres into the city limits (“Project”). The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue within the jurisdiction of the County of Tulare (APNs: 087-010-006, 008); and
WHEREAS, the City Council of the City of Visalia desires to initiate proceedings for annexation to said city of territory described on the attached legal description and map herein as Exhibit ‘A’; and
WHEREAS, the Council of the City of Visalia desires to annex said property to the City of Visalia for the following reasons: 1) The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; 2) The annexation will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and 3) the annexation will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and
WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzburg Local Government Reorganization Act of 2000, commencing with Section 56000 of the Government Code of the State of California; and
WHEREAS, the territory proposed to be annexed is uninhabited per Government Code Section 56046; and
WHEREAS, the property proposed to be annexed is adjacent to City Limits; and 737
Resolution No. 2024-48
WHEREAS, the territory proposed to be annexed is located in Voting District 3 as identified in the Election District Map adopted by the City Council on February 22, 2022, per Resolution No. 2022-11; and
WHEREAS, the Council of the City of Visalia, after a 10-day public notification period, held a public hearing on September 3, 2024; and WHEREAS, the Council of the City of Visalia withdrew the item from the public hearing on September 3, 2024 due to the receipt of an appeal on August 21, 2024, requesting to overturn the Visalia Planning Commission approval of Elliott Tentative Subdivision Map No. 5598; and
WHEREAS, the Council of the City of Visalia, after a 10-day public notification period, held a public hearing on September 16, 2024, and found the project consistent with the General Plan; and
WHEREAS, the City Council hereby makes the following findings with regard to the project:

1. That the Annexation is consistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. The subject property is within Tier 2 Urban Development Boundary as defined by the City of Visalia General Plan and is designated Low Density Residential by the General Plan Land Use Map.

3. That the proposed Annexation, which changes 59.13 acres of Tulare County/AE20 (Exclusive Agriculture, 20 Acre Minimum) zone to R-1-5 (Single Family Residential, 5,000 square foot minimum lot area), will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

4. That the property is located within Voting District 3 per the Council Election Voting District Map adopted by the City Council on February 22, 2022, per Resolution No. 2022-11.

5. That the property is not located within an Agricultural Preserve.

6. That an Initial Study was prepared for this project, consistent with CEQA, which disclosed that environmental impacts are determined to be not significant and that Mitigated Negative Declaration No. 2024-05, is hereby adopted.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds that Mitigated Negative Declaration No. 2024-05 prepared for the proposed project was prepared 738
Resolution No. 2024-48
consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines, and hereby adopts the Mitigated Negative Declaration.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Council of the City of Visalia requests the following actions:

1. Application is hereby made to the Executive Officer of the Local Agency Formation Commission (LAFCO), County of Tulare, State of California, for an annexation of territory illustrated in the map attached as Exhibit ‘A’.

2. Proceedings shall be taken for this annexation proposal pursuant to Title 5, Division 3, Part 3 of the California Government Code and other relevant provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

3. In conjunction with the proceedings being taken for this annexation proposal, application is also hereby being made to the Executive Officer of the Local Agency Formation Commission, County of Tulare, State of California, for detachment from County Service Area No. 1.

4. The Council hereby requests waiver of the conducting authority proceedings in accordance with Government Code Section 56663(c).

5. Upon annexation, the territory shall be zoned R-1-5 (Single Family Residential, 5,000 square foot minimum lot area), consistent with the Residential Low Density pre-zonings designated by the General Plan Land Use Map.

6. Upon annexation, the territory shall be assigned to Voting District 3 and the Election District Map adopted on February 22, 2022, per Resolution No. 2022-11.

7. The City Clerk of the City of Visalia is authorized and directed to file a certified copy of this resolution with the Executive Officer of Tulare County LAFCO.

8. The applicant(s) shall enter into a Pre-Annexation Agreement with the City which memorializes the required fees, policies, and other conditions applicable to the annexation. The Pre-Annexation Agreement is attached herein as Attachment 1 to the City Council Report. The agreement is subject to approval as to form by the City Attorney and subject to clerical and form modifications as approved by the City Manager.

9. That Condition No. 9 of Planning Commission Resolution No. 2024-07, for Elliott Tentative Subdivision Map No. 5597, shall be revised to state:

That a seven-foot-tall block wall shall be installed along the shared boundaries of Outlot E, Elliott Subdivision Lot 1, Savannah Heights Unit 3 Subdivision Lot 44 (1618 South Jacques Court), and 1627 South Roeben Street (APN: 087-442-040).

ONLY ONE SHEET
EXHIBIT “A”

CITY OF VISALIA
ANNEXATION NO. 2024-______
That portion of the Northwest quarter of the Southwest quarter and that portion of the South Half of the Northeast quarter of the Southwest quarter of Section 34, Township 18 South, Range 24 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California, being more particularly described as follows:

Beginning at the Northwest corner of the Southwest quarter of Section 34, Township 18 South, Range 24 East;

1. Thence South 89°59’45” East, along the North line of said Southwest quarter, 1322.55 feet more or less, to the Northeast corner of the Northwest quarter of said Southwest quarter;

2. Thence South 0°09’41” East, along the East line of the Northwest quarter of said Southwest quarter, 659.33 feet more or less, to the North line of the South half of the Northeast quarter of said Southwest quarter;

3. Thence South 89°59’49” East, along last said North line, 1322.32 feet more or less, to a line parallel with and 20 feet West of East line of said Southwest quarter, and existing City Limit line, being the West right-of-way line of Roeben Street;

4. Thence South 0°08’31” East, along said parallel line, and existing City Limit line, and said right-of-way line, 659.30 feet more or less, to the South line of the North half of said Southwest quarter;

5. Thence North 89°59’53” West, along said South line, and along the existing City Limit line and the Westerly prolongation thereof, 2644.20 feet more or less, to the Southwest corner of the Northwest quarter of said Southwest quarter;

6. Thence North 0°10’51” West, along the West line of said Southwest quarter, 1318.70 feet more or less, to the Northwest Corner of said Southwest quarter and the Point of Beginning; Consisting of 59.74 acres more or less.
01 740
S89° 59' 49"E 1,322.32'±
S0° 09' 41"E 659.33'± S89° 59' 45"E 1,322.55'±
N0° 10' 51"W 1,318.70'±
N89° 59' 53"W 2,644.20'±
S0° 08' 31"E 659.30'± 20' 20'
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
500' 500'
NW COR. SW1/4 SECT. 34-18/24POINT OF BEGINNING
EXHIBIT "B" LEGEND

ANNEXATION BOUNDARY

EXISTING CITY LIMITS
ANNEXATION NO. 2024-___
THAT PORTION OF SECTION 34. T. 18
S., R. 24 E., M.D.B.&M., IN THECOUNTY OF TULARE, STATE OFCALIFORNIA CITY OF VISALIA - EFFECTIVE:

HWY 198 HWY 198
ROAD 92

ROBEN STREET TULARE COUNTY TULARE COUNTY CITY OF VISALIA

CITY OF VISALIA
NORTH

VICINITY MAP

NO SCALE

CITY LIMITS

CITY LIMITS
SUBJECT PROPERTY APN: 087-440-036 APN: 087-440-035
APN: 087-440-030
APN: 087-440-029
APN: 087-440-024
APN: 087-440-023
APN: 087-440-040
APN: 087-410-041
APN: 087-410-040
APN: 087-400-081
APN: 087-400-080
APN: 087-400-018
APN: 087-400-001
APN: 087-010-005
APN: 087-010-008
APN: 087-010-039 APN: 087-010-075
APN: 087-440-001

TULARE COUNTY
APN: 081-060-018

ROEBEN ST

CITY OF VISALIA

TULARE COUNTY

TULARE COUNTY
APN: 087-050-035
TULARE AVE AKERS STREET APN: 087-010-006
ROAD 92
1 2
3 4
5 6 NW1/4 SW1/4 SECT. 34-18/24
S1/2 NE1/4 SW1/4 SECT. 34-18/24
N. LINE OF SW1/4
E. LINE OFNW1/4 OF SW1/4
N. LINE OF S1/2 OF
NE1/4 OF SW1/4
E. LINE OF SW1/4
S. LINE OF N1/2
OF SW1/4
W. LINE OF SW1/4
AREA: 59.74 ac. ±
TULARE AVE.

EXHIBIT B 01
741
742
743
744
745
746
747
748
749
750
751
752
TEMP. POND
(ACCOUNTS FOR 80 AC OF SFR)
(FUTURE LOTS 37-43, 186-187)
VREQ'D. 9.73 AC-FT
VPROP. 11 AC-FT
DEPTH 10'
SLOPE 3:1
PHASE 1
83 UNITS
60' 40' 20'
60' 40' 20'
60' 60'
40'
20'
APN 087-010-005

NOT A PART
7061 S.F.
147
7060 S.F.
144
7060 S.F.
137
14'
108' 108' 14' 55' 60' 60' 60'
14'
108'
65' 60' 60' 60'
60' 60' 60' 60' 60' 60' 30' 24' 65'
7579 S.F.
146
118'
108' 14' 55'
7619 S.F.
150
118'
7618 S.F.
145
118'
55'
14'
7578 S.F.108'
141
65'
118'
7578 S.F.
136
118'
65'
108' 14' 55'
7618 S.F.
140
118'
65'
7061 S.F.
149
60'
7061 S.F.
148
60'
60'
60'
60'
7060 S.F.
142
60' 65'
60'
7060 S.F.
143
60'
55'55'
7060 S.F.
139
7060 S.F.
138
6763 S.F.
2 6859 S.F.
3 118' 118' 118' 114'
6859 S.F.
4 114'
118' 118' 118' 114'
6859 S.F.
5 114'
60'
60'
60'
60'
6859 S.F.
6 6859 S.F.
7 6859 S.F.
8 60' 60'
114'114'114'
60' 60' 60' 60' 60'
65'
118'
55'
118'
65'
118'
55'
118' 118' 118'
114'114'114'114'
62' 62' 62' 62' 62' 62' 62'
14'

OUTLOT A
7111 S.F.

PARK (OUTLOT E) 4.15 AC
PHASE 2
142 UNITS
7599 S.F.
197
7637 S.F.
196
10849 S.F.
57 60' 60' 16'
2 4' 2
2' 42' 46' 21' 24'17' 60' 60' 60'
7600 S.F.
192
7668 S.F.
193
7668 S.F.
194
7668 S.F.
195
7637 S.F.
201
7668 S.F.
200
7668 S.F.
199
7668 S.F.
198 6480 S.F.
99 6987 S.F.
93 40'
6987 S.F.
102
60' 60'
36' 60'
42'
2 4'
7033 S.F.
92 6719 S.F.
91 6330 S.F.
90 71'
62'
8737 S.F.
73 6989 S.F.
81 71'
61'
46'
55'
6480 S.F.
80 60' 60'
14'
6480 S.F.
79 71'
14'
81'
99'
99'
6480 S.F.
78 14' 41'
65'
14'
6480 S.F.
77 71'
71'
98'
65' 60'
14'
6310 S.F.
76 55'
24'
6951 S.F.
98'
82 71'
14'
60'
6480 S.F.
83 60'
60'
27'
6480 S.F.
84 71'
55'
60'
6480 S.F.
85 60'
60'
52'
6480 S.F.
86 71'
61'
98'
62'
6321 S.F.
87 2
4'
99'
12007 S.F.
89 14'
62'
6912 S.F.
216
6912 S.F.
211
14'
65'
71'
98'
63'
55'
60'
60' 30'
71'
5 4' 30'
62' 147'
71'
5 4' 60'
5 2'
71'
62'
60'
23'
60'
15'
6376 S.F.
50 71'
71'
62'
60'
24'
19'
96'
6480 S.F.
51 51'
60' 60'
6369 S.F.
63 61'
71'
16' 14'
60'
6480 S.F.
62 13'
60' 60'
6480 S.F.
61 71'
2 4'
42'
60' 46'
6518 S.F.
60 108'
108'
108'108'
108'
98'
109'
108'108'108'
108'108'108'
108'
108'108'108'
6480 S.F.
59 14' 98'
63'
15'
14'
6255 S.F.
58 14'
40'
141' 60'
6518 S.F.
52 108'
98'
14'
108'
108'
108'
60'
118'
40'
108'
99'
109'
108'108'
108'108'
60' 60'
97'
108'
108'
6480 S.F.
53 60'
139'
108'
6480 S.F.
54 61'
71'
22'
118'
60' 60'
6244 S.F.
55 60' 60' 99'
108'
108'
108'
108'
71'
61'
108'
108'
108'
60'
60'
109'
101'
97'
108'108'
108'108'
98'
97'
97'
108'
108'108'
108'
9756 S.F.
56 95'
46' 19'
149'
7944 S.F.
88 132'
11480 S.F.
74 60' 60'
4'
9' 8'
TEMP. TURNAROUND
TEMP. TURNAROUND
42'
60' 40' 20'
60' 40' 20'
60' 40' 20'
60' 40' 20'
60' 40' 20'
60' 40' 20' 40'
20'
60'
40'
20'
60'
40'
20'
60'
40'
20'
60'
40'
20'
60'
40'
20'
60'
40'
20'
60'
40'
20'
55'
65'
20' EXIST. ACCESS

EASEMENT
42'
APN 087-010-039

NOT A PART
APN 087-010-075

NOT A PART
APN 087-010-038

NOT A PART
ZONE "X"
ZONE "AE"
ZONE "X" ZONE "AE"

OUTLOT B
12328 S.F.

OUTLOT C
7783 S.F.

OUTLOT D
852 S.F.
10'
105'
14'
495' 26' 493'
27'
90' 14'
96' 19' 46' 60' 60' 60' 60' 60' 139'
14'
141' 60' 60' 60' 60' 60' 46' 19' 95'
14' 89'
28'
60' 60' 60'
593' 15'
27'
89'
14'
95'
19'
62' 147'
30'
10' 66' 115' 74' 60' 60' 60' 60'
60'
60'
6897 S.F.
135
7079 S.F.
106
12774 S.F.
120
7061 S.F.
154
6500 S.F.
157
6500 S.F.
166
6500 S.F.
172
6500 S.F.
175
6500 S.F.
184
6500 S.F.
187
65' 60' 60' 60' 60' 60'
105'
60' 60' 60' 60' 30'
108' 14' 55' 60' 60' 60'
65' 60' 60' 60'
106' 60' 60' 60'
14'
98'
65' 60' 60' 60'
98' 14' 55' 60' 60' 60'
14'
98'
65' 60' 60' 60'
98' 14' 55' 60' 60' 60'
14'
98'
65' 60' 60' 60'
98' 14' 55' 60' 60' 60'
7064 S.F.
21 109'
6550 S.F.
22 109'
6138 S.F.
23 99'
109'
10090 S.F.
17 126'
8 68'
'
60' 60' 60' 60'
464'
346' 28'
14' 272'
2 4' 56' 126'
374'
6953 S.F.
20 108'
60' 60'
6480 S.F.
19 22'
108'
6103 S.F.
18 98'
7578 S.F.
113
118'
7618 S.F.
114
118'
7619 S.F.
155
118'
55'
14'
7579 S.F.108'
151
118'
65'
7406 S.F.
130
115'
14' 55'
6973 S.F.
156
108'
60' 65'
7011 S.F.
167
108'
60' 55'
6973 S.F.
162
7011 S.F.
161
6973 S.F.
168
7010 S.F.
179
7010 S.F.
173
6973 S.F.
174
6973 S.F.
186
60'
65'
7011 S.F.
185
55'
7010 S.F.
191
55'
65' 60'
6973 S.F.
180
60'
60'
6500 S.F.
181
55'
60' 55'60' 65'
6500 S.F.
182
6500 S.F.
183
55'
6500 S.F.
190
6500 S.F.
189
6500 S.F.
188
60'
6500 S.F.
178
60' 60'
65' 60'
60'
6500 S.F.
177
60'
60'
60'
60'
6500 S.F.
176
60'
60'
65'
60'
6500 S.F.
169
6500 S.F.
170
6500 S.F.
171
60'
6500 S.F.
163
55'
65'
6500 S.F.
164
65'
108'
108'
108'
60'
108'
108'
108'
60'
108'
108'
108'
108'
108'
108'
108'
6500 S.F.
165
108'
60' 60'
108'
108'
108'
60'
108'
60'
108'
108'
108'
108'
108'
108'
108'
6500 S.F.
160
108'
65'
6500 S.F.
159
108'
60'
6500 S.F.
158
60'
7060 S.F.
112
60' 60'
7060 S.F.
111
118'
7060 S.F.
110
55'
14'
118'
60'
108'
118'
7060 S.F.
109
108'65'
118'
60'
7060 S.F.
108
60' 60'
118'
60'
7060 S.F.
107
60' 60'
118'
62'
7060 S.F.
115
7060 S.F.
116
7060 S.F.
117
7018 S.F.
118
118'
60'
147'
30'
118'
118'
30' 60'
60'
60'
7061 S.F.
152
7061 S.F.
153
6930 S.F.
131
6930 S.F.
132
6930 S.F.
133
6930 S.F.
134
60' 51' 14'
6470 S.F.
1 60' 60' 145'
3 5' 24'
60'
60'
118'
115'115'115'
24' 16'
118'
60'
106'
40'
40' 115'
60' 60' 60' 60'
60'
6859 S.F.
9 55'
14'
114'
6859 S.F.
10 65'
114'
6859 S.F.
11 157' 60'
114'
6859 S.F.
12 60' 60'
114'
6859 S.F.
13 60'
6860 S.F.
14 114'
6685 S.F.
15 104'
114'
60' 60' 60'
9829 S.F.
40 108'
118'
118'
115'115'
95'
108'
55'
108'
108'
108'
55'
108'
108'
108'
65'
108'
108'
108'
108'
108'
108'
108'
108'
118'
118'
118'
118'
118'
118'
115'115'115'
114'114'114'
118' 65'
10328 S.F.
24 99'
11066 S.F.
25 167'
10659 S.F.
16 163'
60'
104'
6854 S.F.
26 7000 S.F.
27 7000 S.F.
28 7000 S.F.
29 7000 S.F.
30 7000 S.F.
31 7000 S.F.
32 7001 S.F.
33 117'
60' 60'
117'117'117'117'
106'
7001 S.F.
34 117'117'117'117'
7001 S.F.
35 117'
7001 S.F.
36 117'
7001 S.F.
37 117'
6915 S.F.
38 108'
117'117'117'117'117'117'
7912 S.F.
42 60' 60' 46'
60' 60' 161'
7630 S.F.
41 145' 60' 60'
124'
7944 S.F.
39 129'
65'
99'
108'
112'
60'
55' 60' 0'
2 4' 3
8'
40'
40'
14' 2 4'
31' 60' 60' 60' 60' 60' 60' 60' 60' 60' 60' 60' 24' 24' 7' 41' 42'
98'
41' 24' 51' 60' 60' 60' 60' 60' 60' 60'
60' 60' 60'
3'
55'
14'
98' 98' 14'
14'
98' 98' 14'
14'
98' 98' 14' 60' 60' 55'

POWER POLE POWER POLE POWER POLE

POWER POLE POWER POLE POWER POLE POWER POLE POWER POLE
PERSIAN DITCH TO REMAIN. SEE

CROSS SECTIONS FOR FENCING/
ACCESS ROAD DETAILS.

FENCE LINE ENCROACHES INTO

PROPERTY, DEVELOPER TO ADDRESS

AT THE TIME OF CONSTRUCTION
TEMP. POND TO BE
CONSTRUCTED W/ PHASE 1
7444 S.F.
129
2 4' 5
4' 41' 36'
7130 S.F.
128
24' 62' 62' 62'
7130 S.F.
127
62' 62'
7130 S.F.
126
62' 62'
7130 S.F.
125
55'
115'115'
7130 S.F.
124
65'
108'
115'115'
7130 S.F.
123
115'
14' 55'
115'115'
7130 S.F.
122
60' 60'
115'
6736 S.F.
121
60' 37'
105'
115'115'115'
11201 S.F.
119
151'
55' 14' 105'
112'
30'30'
4'
6988 S.F.
225
108'
14' 98'
64' 64' 64' 64' 65'
14' 98'
65' 64' 64' 64' 64' 64'
6951 S.F.
202
64' 64'
64'
108'
6952 S.F.
214
64'
64'
108'
6989 S.F.
213
64'
108'
6912 S.F.
224
6912 S.F.
223
6912 S.F.
222
6912 S.F.
221
6912 S.F.
220
6912 S.F.
219
6912 S.F.
218
6912 S.F.
217
6912 S.F.
215
65' 64' 64'
98'
14' 55' 64' 64' 64'
64' 64' 64' 65'
98'
14'
55' 64' 64' 64' 64' 64' 64' 64' 64' 64' 64' 55' 108' 108' 108' 108' 108' 108' 108' 108' 108' 6912 S.F.
203
6912 S.F.
204
6912 S.F.
205
6912 S.F.
206
6912 S.F.
207
6912 S.F.
208
6912 S.F.
209
6912 S.F.
210
6912 S.F.
212
64' 64' 64' 64' 64' 64' 64' 55'
108'108'108'108'108'108'108'108'108'
55'
108'108'108'108'108'108'108'108'108'108'108'
60'
40'
20'
6412 S.F.
49 108'
102'
6480 S.F.
48 19'
96'
46'
108'
6480 S.F.
47 60' 60'
108'
6480 S.F.
46 14'
60' 60'
108'
6480 S.F.
45 90'
60' 60'
108'
6480 S.F.
44 27'
74' 115'
108'
6480 S.F.
43 665'
66'
59'
108'
108'
108'
108'
6480 S.F.
104
7036 S.F.
72 107'
6480 S.F.
103
6421 S.F.
105
108'
60' 60'
65'
99'
108'
108'
108'
BOL

GUY GUY
BOL
BOL
SP
SP
SP
SP
SP
300.53 TOE
300.31 TOE
300.69 TOE
300.77 TOE
300.72 TOE
PP
VP
VP
VP
VP

X X X X
X X X
X X

X X X X X X X X X X X X X X X X X X X X X

X X X X
X
X
X X

X X X X X X X X X

X X X X
(E) SD (E) SD (E) SD
(E) SD (E) SD
(E) SD (E) SD (E) SS (E) SS (E) SS (E) SS (E) SS (E) SS (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W 8682 S.F.
101
108'
60'
81'
60'
11286 S.F.
75 55'
97'
160'
6642 S.F.
94 108'
60' 60'
60'
60'
6642 S.F.
95 46'
65'
14'
108'
6804 S.F.
96 60' 63'
98'
108'
6480 S.F.
97 62'
108'
6480 S.F.
98 62'
108'
14' 98'
6480 S.F.
100
65'
108'
108'
108'
108'
12451 S.F.
97'
70 6378 S.F.
69 61' 61' 61'
6513 S.F.
64 108'
6588 S.F.
65 47' 61' 19'
108'
6588 S.F.
66 95'
61'
108'
6588 S.F.
67 61' 61'
108'
6588 S.F.
68 61'
108'108'108'
10679 S.F.
71 140'
61' 61' 13'
AVENUE 6
STREET 8
STREET 1
AVENUE 1
AVENUE 2
AVENUE 3
AVENUE 5
AVENUE 4
AVENUE 7
AVENUE 8 AVENUE 8
STREET 2STREET 4STREET 5
STREET 7STREET 9
STREET 6
STREET 5
STREET 3

S ROEBEN ST

S SHIRK RD
STREET 3

W TULARE AVE

SECTION LINE

SECTION LINE
EXIST. ROAD
EXIST. ROAD
EXIST. ROAD
EXIST. ROAD EXIST. PARCEL LINE
PREPARED FOR: SAN JOAQUIN VALLEY HOMES
5607 AVENIDA DE LOS ROBLES
VISALIA, CA 93291

ACREAGE

59.13 AC 225 UNITS

ELLIOT PROPERTY
LEGEND
APN: 087-010-006, 087-010-008
ZONING: AGRICULTURE
GENERAL PLAN: LOW DENSITY RESIDENTIAL
FLOOD ZONE: AE & X
ELECTRICITY: SOUTHEN CALIFORNIA EDISON COMPANY
WATER: CALWATER
TELEPHONE: AT&T
NATURAL GAS: SOUTHERN CALIFORNIA GAS COMPANY
EXISTING USE: VACANT
PROP. USE: LOW DENSITY RESIDENTIAL
PROP. MAINTENANCE: CITY OF VISALIA

LANDSCAPE SETBACK LOT
MIN. 7' BLOCK WALL
6' CHAIN LINK FENCE W/ PRIVACY SLATS

PHASE LINE
TYPICAL LOT SIZES:
6480 SF MIN. LOTS± (60' X 108' TYP.) (225 UNITS)
*OUTLOTS A-E TO BE DEDICATED TO THE CITY OF VISALIA
UTILITIES:

SEWER: SHIRK RD - EXIST. 6"
ROEBEN ST - EXIST. 8"
STORM DRAIN: TEMP. RETENTION BASIN TO MAINTAIN ALL ON-SITE

DRAINAGE
OVERHEAD POWER: ROEBEN ST (3 DISTRIBUTION, TO BE UNDERGROUNDED) SHIRK (5 TRANSMISSION, TO BE RELOCATED)
PREPARED BY: 4CREEKS, INC.
324 S. SANTA FE ST., STE. A
VISALIA ,CA 93292

W TULARE AVE

PROPERTY
LIMITS

S SHIRK RD

S ROEBEN ST
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com

VICINITY MAP
SCALE: 1"=1500'
NORTH
100' 0' 100'
PAGE 1 OF 4

TENTATIVE SUBDIVISION MAP
June 18, 2024
753
FLOOD
ZONEAE
FLOOD
ZONEX

NOTAPART
PHASE2
PHASE1

NOTAPART

SROEBENSTREET

SSHIRKROAD

ELLIOTTPROPERTY

PROJECTDETAILS
L
O
C
A
T
I
O
N
A
P
N
T
O
T
A
L
A
R
E
A
E
X
I
S
T
I
N
G
Z
O
N
I
N
G
P
R
O
P
O
S
E
D
Z
O
N
I
N
G
P
R
O
P
O
S
E
D
L
A
N
D
U
S
E
T
Y
P
I
C
A
L
L
O
T
S
I
Z
E
T
O
T
A
L
L
O
T
S
P
H
A
S
I
N
G
P
H
A
S
E
1 P
H
A
S
E
2 PERSIANDITCH CHAIN
LINK
AR
OCACDE
SS

FENCING

CITYOFVISALIA
087-010-006,087-010-008

59.13AC

AGRICULTURE

LOWDENSITYRESIDENTIAL

LOWDENSITYRESIDENTIAL
6,480SF(60’X108’)
225
83UNITS
142UNITS
PARK

4.15AC
1’‘=100’

WTULAREROAD
754
TEMP. POND
(ACCOUNTS FOR 80 AC OF SFR)
(FUTURE LOTS 37-43, 186-187)
VREQ'D. 9.73 AC-FT
VPROP. 11 AC-FT
DEPTH 10'
SLOPE 3:1
PHASE 1
83 UNITS
APN 087-010-005
NOT A PART PHASE 2
142 UNITS
APN 087-010-039

NOT A PART
APN 087-010-075

NOT A PART
APN 087-010-038

NOT A PART
ZONE "X"
ZONE "AE"
ZONE "X" ZONE "AE"
TEMP. POND TO BE
CONSTRUCTED W/ PHASE 1
BOL

GUY GUY
BOL
BOL
SP
SP
SP
SP
SP
300.53 TOE
300.31 TOE
300.69 TOE
300.77 TOE
300.72 TOE
PP
VP
VP
VP
VP

X X X X
X X X
X X

X X X X X X X X X X X X X X X X X X X X X

X X X X
X
X
X X

X X X X X X X X X

X X X X
(E) SD (E) SD (E) SD
(E) SD (E) SD
(E) SD (E) SD (E) SS (E) SS (E) SS (E) SS (E) SS (E) SS (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W (E) W AVENUE 6
STREET 8
STREET 1
AVENUE 1
AVENUE 2
AVENUE 3
AVENUE 5
AVENUE 4
AVENUE 7
AVENUE 8 AVENUE 8
STREET 2STREET 4STREET 5
STREET 7STREET 9
STREET 6
STREET 5
STREET 3

S ROEBEN ST

S SHIRK RD
STREET 3

W TULARE AVE

SECTION LINE

SECTION LINE
PREPARED FOR: SAN JOAQUIN VALLEY HOMES
5607 AVENIDA DE LOS ROBLES
VISALIA, CA 93291

ACREAGE

59.13 AC 225 UNITS

LANDSCAPE SETBACK LOT
MIN. 7' BLOCK WALL
6' CHAIN LINK FENCE W/ PRIVACY SLATS

PHASE LINE
TYPICAL LOT SIZES:
6480 SF MIN. LOTS± (60' X 108' TYP.) (225 UNITS)
*OUTLOTS A-E TO BE DEDICATED TO THE CITY OF VISALIA
UTILITIES:

SEWER: SHIRK RD - EXIST. 6"
ROEBEN ST - EXIST. 8"
STORM DRAIN: TEMP. RETENTION BASIN TO MAINTAIN ALL ON-SITE

DRAINAGE
OVERHEAD POWER: ROEBEN ST (3 DISTRIBUTION, TO BE UNDERGROUNDED) SHIRK (5 TRANSMISSION, TO BE RELOCATED)
PREPARED BY: 4CREEKS, INC.
324 S. SANTA FE ST., STE. A
VISALIA ,CA 93292

W TULARE AVE

PROPERTY
LIMITS

S SHIRK RD

S ROEBEN ST
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com

VICINITY MAP
SCALE: 1"=1500'
NORTH
100' 0' 100'
PAGE 2 OF 4

PHASING EXHIBIT
June 18, 2024
755
APN 087-010-005

NOT A PART
APN 087-010-039

NOT A PART
APN 087-010-075

NOT A PART
APN 087-010-038

NOT A PART
BOL

GUY GUY
BOL
BOL
SP
SP
SP
SP
SP
300.53 TOE
300.31 TOE
300.69 TOE
300.77 TOE
300.72 TOE
PP
VP
VP
VP
VP

X X X X
X X X
X X

X X X X X X X X X X X X X X X X X X X X X

X X X X
X
X
X X

X X X X X X X X X

S ROEBEN ST

S SHIRK RD
STREET 3

W TULARE AVE

SECTION LINE

SECTION LINE
PREPARED FOR: SAN JOAQUIN VALLEY HOMES
5607 AVENIDA DE LOS ROBLES
VISALIA, CA 93291

ACREAGE

59.13 AC 225 UNITS

LANDSCAPE SETBACK LOT
MIN. 7' BLOCK WALL
6' CHAIN LINK FENCE W/ PRIVACY SLATS

PHASE LINE
TYPICAL LOT SIZES:
6480 SF MIN. LOTS± (60' X 108' TYP.) (225 UNITS)
*OUTLOTS A-E TO BE DEDICATED TO THE CITY OF VISALIA
UTILITIES:

SEWER: SHIRK RD - EXIST. 6"
ROEBEN ST - EXIST. 8"
STORM DRAIN: TEMP. RETENTION BASIN TO MAINTAIN ALL ON-SITE

DRAINAGE
OVERHEAD POWER: ROEBEN ST (3 DISTRIBUTION, TO BE UNDERGROUNDED) SHIRK (5 TRANSMISSION, TO BE RELOCATED)
PREPARED BY: 4CREEKS, INC.
324 S. SANTA FE ST., STE. A
VISALIA ,CA 93292

W TULARE AVE

PROPERTY
LIMITS

S SHIRK RD

S ROEBEN ST
2380 (1-STORY)
50'
70'
50'
2266 (1-STORY)
2855 (2-STORY)
50'
70' 63'
2105 (1-STORY)
50'
61'
48'
1930 (1-STORY)
48'
58'
2'
1735 (1-STORY)
50'
49'
1590 (1-STORY)
50'
50'
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com

VICINITY MAP
SCALE: 1"=1500'
NORTH
100' 0' 100'
PAGE 3 OF 4

ATYPICAL LOT EXHIBIT
June 18, 2024
756

W TULARE AVE

PROPERTY
LIMITS

S SHIRK RD

S ROEBEN ST
PREPARED FOR: SAN JOAQUIN VALLEY HOMES
5607 AVENIDA DE LOS ROBLES
VISALIA, CA 93291

ACREAGE

59.13 AC 225 UNITS

LANDSCAPE SETBACK LOT
MIN. 7' BLOCK WALL
6' CHAIN LINK FENCE W/ PRIVACY SLATS

PHASE LINE
TYPICAL LOT SIZES:
6480 SF MIN. LOTS± (60' X 108' TYP.) (225 UNITS)
*OUTLOTS A-E TO BE DEDICATED TO THE CITY OF VISALIA
UTILITIES:

SEWER: SHIRK RD - EXIST. 6"
ROEBEN ST - EXIST. 8"
STORM DRAIN: TEMP. RETENTION BASIN TO MAINTAIN ALL ON-SITE

DRAINAGE
OVERHEAD POWER: ROEBEN ST (3 DISTRIBUTION, TO BE UNDERGROUNDED) SHIRK (5 TRANSMISSION, TO BE RELOCATED)
PREPARED BY: 4CREEKS, INC.
324 S. SANTA FE ST., STE. A
VISALIA ,CA 93292
CITY STD. PAVEMENT
SECTION CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK
5' 20.0' 20.0'
C
R/W
L R/W
CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK
60'
5' 5' 5'
CL

31.0' 31.0' 5.0' 6.0'

10.0'

LANDSCAPE LOT

6.0' 5.0'

10.0'

LANDSCAPE LOT
CITY STD. PAVEMENT

SECTION
CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK
CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK

84.0'

R/W R/W
INSTALL 7'

BLOCK WALL
INSTALL 7'

BLOCK WALL
CL

30.0' 30.0' 5.0' 7.0'

10.0'

LANDSCAPE LOT

7.0' 5.0'

10.0'

LANDSCAPE LOT
CITY STD. PAVEMENT

SECTION
CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK
CITY STD. CURB
& GUTTER
CITY STD.

SIDEWALK

26.0'
110.0'

R/W R/W
INSTALL 7'

BLOCK WALL
INSTALL 7'

BLOCK WALL
CL

CL DITCH

EASEMENT

2.5' 2.5'

6.0' 6.0' 12.0'

ACCESS ROAD

15.0'
ACCES ROAD 3.0' 3.0'

26.5' 23.5'

25.0' 25.0'

5.0'

50.0'

EASEMENT LINEEASEMENT LINE
6' CITY STD. CHAIN

LINK FENCING W/

PRIVACY SLATS
6' CITY STD. CHAIN

LINK FENCING W/

PRIVACY SLATS

VICINITY MAP
SCALE: 1"=1500'
June 18, 2024
NORTH
100' 0' 100'
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com

TYPICAL INTERNAL
PAGE 4 OF 4

TUARE AVE & ROEBEN ST

SHIRK RD

PERSIAN DITCH

CROSS SECTIONS
757

ONLY ONE SHEET
EXHIBIT “A”

Beginning at the Northwest corner of the Southwest quarter of Section 34, Township 18 South, Range 24 East;

1. Thence South 89°59’45” East, along the North line of said Southwest quarter, 1322.55 feet more or less, to the Northeast corner of the Northwest quarter of said Southwest quarter;

6. Thence North 0°10’51” West, along the West line of said Southwest quarter, 1318.70 feet more or less, to the Northwest Corner of said Southwest quarter and the Point of Beginning; Consisting of 59.74 acres more or less.
01 758
S89° 59' 49"E 1,322.32'±
S0° 09' 41"E 659.33'± S89° 59' 45"E 1,322.55'±
N0° 10' 51"W 1,318.70'±
N89° 59' 53"W 2,644.20'±
S0° 08' 31"E 659.30'± 20' 20'
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
500' 500'
NW COR. SW1/4 SECT. 34-18/24POINT OF BEGINNING
EXHIBIT "B" LEGEND

ANNEXATION BOUNDARY

EXISTING CITY LIMITS
ANNEXATION NO. 2024-___
THAT PORTION OF SECTION 34. T. 18
S., R. 24 E., M.D.B.&M., IN THECOUNTY OF TULARE, STATE OFCALIFORNIA CITY OF VISALIA - EFFECTIVE:

HWY 198 HWY 198
ROAD 92

ROBEN STREET TULARE COUNTY TULARE COUNTY CITY OF VISALIA

CITY OF VISALIA
NORTH

VICINITY MAP

NO SCALE

CITY LIMITS

TULARE COUNTY
APN: 081-060-018

ROEBEN ST

CITY OF VISALIA

TULARE COUNTY

EXHIBIT B 01
759
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Pre-Annexation Agreement
This Pre-Annexation Agreement (”Agreement”) is made and entered into this ____ day of _________, 20___, by and among the City of Visalia, a charter law city (“City’) and Margaret Kenyon Elliott, (hereinafter “Owners”):

RECITALS
WHEREAS, Owners are the record owners of a portion of property, currently located in the unincorporated area of the County of Tulare, legally described in Exhibit A and depicted in Exhibit B, which are attached hereto and incorporated herein by reference (hereinafter referred to as the “Property”); and WHEREAS, the Property is adjacent to and contiguous to the existing corporate boundary of the City, but is not situated within the limits of any municipality; and
WHEREAS, Owners desires to have the Property annexed to the City and to have the Property zoned as R-1-5 (Single Family Residential, 5,000 sq. ft. minimum), which would permit the Property to be used for Residential Low Density use; and
WHEREAS, the Property consists of approximately 59.13 acres, and no electors reside thereon; and
WHEREAS, proper applications have been filed with the City for approval of the annexation and tentative subdivision map as may be required for the Property; and
WHEREAS, the City has, by a resolution requesting initiation of proceedings to annex territory (“Resolution”) adopted on _________, 20__, initiated proceedings to annex the Property; and
WHEREAS, finding adoption of Resolution No. 20__-_____ initiating annexation requires entry into this Annexation Agreement prior to the City submitting an application to the Local Area Formation Commission to commence the proposed annexation; and
WHEREAS, Owners acknowledges that during the term of this Agreement the Property will be subject to all ordinances, resolutions, and other regulations of the City, as they may be amended from time to time, as well as state and federal statutes and regulations, as they may be amended.

WHEREAS, the City is authorized by its police powers to protect the health, safety and welfare of the community, and is entering into this Agreement and executing such authority for said purpose; and
760
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WHEREAS, nothing contained in this Agreement shall constitute a waiver of the City’s legislative, governmental, or police powers to promote and protect the health, safety and welfare of the City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by town of any tax, fee, or charge.

NOW, THEREFORE, in consideration of the above Recitals and the following Covenants, it is agreed by and between the parties as follows:

I. AGREEMENT
A. Parties. The parties to this Agreement are the City and Owners.

B. Incorporation of Recitals. The parties confirm and incorporate the foregoing Recitals into this Agreement.

C. Purpose/Limits of Agreement. A specific purpose of this Agreement is to set forth specific terms and conditions of annexation of the Property to City.

II. TERMS AND CONDITIONS OF ANNEXATION; PURPOSE OF

AGREEMENT
Generally, each party to this Agreement is benefited and burdened by detachment from the County and annexation to the City. Owners will obtain a variety of services from City and City will obtain additional tax revenues. City has adopted ordinances, regulations, and policies concerning design, improvement, construction, development and use of property within the City.

Nothing contained in this Agreement shall constitute a waiver of City’s legislative, governmental, or police powers to promote and protect the health, safety, and welfare of City and its inhabitants, nor shall this Agreement prohibit the enactment or increase by City of any tax or fee. The purpose of this Agreement is to spell out additional conditions to which Owners will be subject following annexation and prior to development within the City due to the burden placed on City by Owners desired annexation:

A. Water Acquisition Policy: Although City’s current water service provider, California Water Service, continues to issue will-serve letters, City’s Council is aware of the steadily decreasing level of water in the City’s underground water aquifers and has determined that increasing development is contributing to this serious problem. Therefore, City’s Council has studied the issue and investigated possible solutions in order that it may continue to assure citizens that there will be water available to serve the community’s needs. City’s Council is actively engaged in water replenishment activities with the Kaweah Delta Water Conservation District and it has adopted a policy, as set forth in Chapter

16.54 of the Visalia Municipal Code, which requires annexation applicants to convey title to water rights to City upon annexation and/or to pay a fee to City (pursuant to an adopted fee schedule) so that City may acquire water for groundwater replenishment and storage in order 761
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to serve new development that comes with annexation, including development of the Property (the “Water Acquisition Policy”). Therefore, Owners agrees that, at the time that LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owners will comply with the Water Acquisition Policy by entering into an agreement with City to either (i) convey to City those water rights vested in the Property, if any, (ii) agree to pay City a fee in lieu thereof, (iii) agree to some combination of an in lieu fee payment and water right conveyance, or (iv) to comply by any other method allowed by the Water Acquisition Policy, provided that such agreement includes a condition precedent requiring City’s water supplier to agree to serve the Property with potable water in amount sufficient to meet Owners reasonably anticipated total water demand for the Property, as determined by a valid water supply assessment prepared pursuant to California Water Code § 10910 et seq. No post-annexation permit or entitlement approvals concerning the Property will be issued by City unless and until Owners comply with the Water Acquisition Policy in a manner consistent with this subsection II(A). Owners agree that it shall identify all water rights which, to the best of Owners knowledge, have been used by Owners or its agents in connection with the Property, regardless of whether they are considered “vested” in the Property, and shall comply with the Water Acquisition Policy by entering into an agreement with City to convey such rights, if any, to City. City shall cooperate with Owners in valuing such water rights for the purposes of determining the amount of offset to be applied against the in-lieu fee as required pursuant of the Water Acquisition Policy. Owners further agrees that City shall have first right of refusal in acquiring upon mutually acceptable terms any water rights that Owners own that may be in addition to those required to meet Owners obligations under the Water Acquisition Policy. City agrees that water rights need not be conveyed and in lieu fees shall not be made payable until City’s issuance of a building permit covering the Property and, in the event Owners apply to City for its approval of multiple building permits covering the Property, City agrees such water rights conveyance or fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each building permit, with conveyance of water rights or payment to be made on a per building permit basis upon City’s issuance of each building permit covering the Property.

B. General Plan Maintenance Fee: On June 21, 2004, the City adopted (by Resolution 2004-63, as corrected) a General Plan Maintenance Fee.

Owners agree that, at the time LAFCO issues a Certificate of Completion finalizing the annexation (and upon the running of all applicable statutes of limitation related thereto), Owners will enter into an agreement with City to pay the General Plan Maintenance Fee in an amount equal to $495 per acre and no post-annexation permit or entitlement approvals concerning the Property will be issued unless and until said agreement is executed. City agrees that such fee shall not be made payable until City’s issuance of one or more building permits covering the Property and, in the event Owners apply to City for its approval of multiple 762
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building permits covering the Property, City agrees such fee payment obligation shall be allocated on a pro rata basis to each phase of development covered by each building permit, with payment to be made on a per building permit basis upon City’s issuance of each building permit covering the Property. Owners satisfaction of its obligations under this Section II(B) will satisfy any and all of Owners obligations related to and arising under the General Plan Maintenance Fee.

C. Plan For Providing Services. The parties agree to cooperate in, and to take such actions as may be necessary to ensure, the diligent preparation of a Plan For Providing Services to the Property, to be submitted to LAFCO along with City’s annexation application, in accordance with Cortese-Knox-Hertzberg Act requirements.

Developer understands and agrees that building permits and other entitlements for development on the Property will not be issued unless and until each and every condition herein is met.

III. TERM
The term of this Agreement shall become effective when fully executed by the parties hereto (the “Effective Date”) and continue for a period of twenty (20) years. This Agreement shall terminate if (a) the annexation proceedings are terminated for any reason; or (b) the completion of the annexation (recordation of a Certificate of Completion) does not occur on or before one (1) year from the Effective Date. Any indemnification provision included herewith shall survive termination and continue until expiration of the statute of limitations applicable to the subject matter thereof.

IV. DEFAULT, REMEDIES AND ENFORCEMENT
In the event of breach or default of any term, condition, covenant or obligation of this Agreement by either party, the other party may exercise any rights available at law or in equity, including an action for specific performance or other injunctive relief, and all such remedies shall be cumulative. This Agreement shall be enforceable, unless lawfully terminated or cancelled, by any party to the Agreement or any party’s successor in interest, notwithstanding any subsequent changes in any applicable law adopted by the City which alters or amends the laws, ordinances, resolutions, rules or policies frozen by this Agreement.

V. INDEMNIFICATION
Owners agree to indemnify and hold harmless City and the City’s officers, employees, agents, and contractors, from and against all liability, claims, causes of actions, and demands, including attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation, or with any other action annexation or other action determined necessary or desirable by the City in order to effectuate the annexation of Owners property, or which are in any manner connected with the City’s 763
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enforcement of this Agreement. Owners further agree to investigate, handle, respond to, and to provide defense for and defend against or at the City’s option to pay the attorney’s fees and court costs, which arise out of or are in any manner connected with this Agreement or its operation.

VI. MISCELLANEOUS
a. Binding Effect/Covenants to Run With Land. The Parties hereto agree to be bound by this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the heirs, transferees, successors and assigns of the parties hereto. The terms and conditions stated herein shall constitute covenants running with the land.
b. Assignment. Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
c. Authorized Signatory. The individuals executing this Agreement, by their signature hereto, declare that they are authorized to, and have the legal power, right and actual authority to bind the party to the terms and conditions of this Agreement.
d. Notices. All notices under this Agreement shall be effective upon personal delivery to City, or Owners, as the case may be, three (3) business days after deposit in the United States Mail, postage fully prepaid, addressed to the respective parties as follows:

To the City: City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93291
With Copy to: Kenneth J. Richardson
City Attorney
Peltzer & Richardson
3746 West Mineral King
Visalia, CA 93291
To Owner: Margaret Kenyon Elliott
16479 EFM 837
Frankston, TX 75763
San Joaquin Valley Homes
Attn: Steven Macias
5607 Avenida de los Robles
Visalia, CA 93291
Or such other address as the parties may from time to time designate by giving notice as required hereunder.
764
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e. Entire Agreement. This Agreement represents the entire agreement between the City and Owners as to its subject matter and no prior oral or written understanding shall be of any force or affect.
f. Amendment. No part of this Agreement may be modified without the written consent of both parties.
g. Headings. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the heading.
h. No Third Party Beneficiaries Intended. Except as provided herein, the parties of this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy. i. Exhibits and Recitals. The recitals and any exhibits to this Agreement are fully incorporated by reference and are integral parts of this Agreement.
j. Conflict With Laws or Regulations/Severability. This Agreement is subject to all applicable laws and regulations. If any provision(s) of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing this subject, the conflicting provision(s) shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the effected party. In all other cases, the remainder of the Agreement shall continue in full force and effect. k. Waiver. A waiver of any breech of this Agreement by any party shall not constitute a continuing waiver or a waiver of any subsequent breech of the same or any other provision of this Agreement.
l. Choice of Law - Venue. This Agreement shall be governed by the laws of the State of California and any questions arising hereunder shall be construed or determined according to such law. Venue for any legal action arising from or in connection with this Agreement or the Property shall be in Tulare County, California.
m. Attorneys Fees. In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable fees and costs, including attorneys fees, court costs and arbitration costs incurred in the action brought thereon.
n. No Agency, Joint Venture or Partnership. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Owners and that Owners are not an agent of City. City and Owners hereby renounce the existence of any form of joint venture 765
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or partnership between them, and agree that nothing contained herein or in any document executed in connection therewith shall be construed as making City and Owners joint venturers or partners.
o. Excusable Delays; Extension of Time of Performance. In the event of delays due to strikes, inability to obtain materials, civil commotion, fire, war, terrorism, lockouts, third-party litigation or other legal challenges regarding the annexation, riots, floods, earthquakes, epidemic, quarantine, freight embargoes, failure of contractors to perform, or other circumstances beyond the reasonable control of the parties and which cause substantially interferes with the ability of either party to perform its obligations under this Agreement, then the time for performance of any such obligation shall be extended for such period of time as the cause of such delay shall exist but in any event not longer than for such period of time.
p. Further Assurances. The parties will execute and deliver, upon demand by the other party, such further documents, instruments and conveyances, and shall take such further actions as such other party may request from time to time to document the transactions set forth herein.
q. Recordation of Agreement; Counterparts. This Agreement, or an abstract of its material terms and conditions shall be recorded by either party in the Official Records of the Tulare County Recorder. This Agreement may be executed in counterparts and, when all counterparts are combined, shall constitute a single agreement.
r. Future Development Impact Fees. The Owners hereby acknowledge that the City may, from time to time, adopt additional development impact fees at some time in the future after annexation of the Property. The Owners hereby agree that, in the event that the City adopts an ordinance imposing a development impact fee, in accordance with applicable legal requirements, prior to issuance of a vesting project approval for development of any portion of the Property, Owners will be subject to the requirements of such citywide development impact fee program to the extent applicable at the time Owners seek a vesting project approval for a project on the Property. This provision is not intended to retroactively subject the Property to additional annexation-related fees that may be adopted in the future.
s. Prezoning. City agrees to promptly process and, after City completes and adopts its environmental review, consider Owners application to prezone the Property, as required by the Cortese-Knox-Hertzberg Act’s prezoning requirements. The R-1-5 (Single Family Residential, 5,000 sq. ft. minimum) zoning designation is the adopted prezonings for the Property, in accordance with Visalia Municipal Code Chapters 17.12 and Section

17.06.050(A), which section states that all territory which is annexed into the City shall be classified to the zone as indicated on the Visalia General Plan land use map, as adopted by the City (the “Prezoning”). The R-1-5 766
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(Single Family Residential, 5,000 sq. ft. minimum) zoning designation permits residential land uses, as specified by the City of Visalia Municipal Code. Upon execution of this Agreement, City shall use its best efforts to (i) promptly complete its environmental review of the Project and consider its adoption thereof, and (ii) complete its preparation of the proposed prezoning contemplated by this subsection II(E) and consider its approval thereof. If City approves the prezoning contemplated by this subsection II(E), the terms and conditions of such prezoning shall be included in City’s application to LAFCO for the annexation of the Property to City, which application shall promptly be submitted to LAFCO by City.
t. Development Impact Fees: The Owners shall pay all applicable development impact fees for any subsequent development on the Property at the time that building permits are issued, or prior to issuance of final occupancy, if applicable, at the discretion of the Community Development Director, or as may be required by ordinance. A list and amount of development impact fees can be located in the City’s current version of the Development Fee Schedule.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth next to their signature.

CITY
Date: ____________ By: _________________________________ Leslie Caviglia, City Manager
Attest:

Date: ____________ By: _________________________________ Michelle Nicholson, City Clerk
Approved as to Form:

Date: ____________ By: _________________________________ Kenneth J. Richardson, City
Attorney
OWNERS
Date: ____________ By: ________________________________ ______________________________
______________________________
______________________________
______________________________
Date: ____________ By: ________________________________ ______________________________
______________________________
______________________________
______________________________
768
Environmental Document No. 2024-05
City of Visalia Community Development

CITY OF VISALIA
315 E. ACEQUIA AVENUE
VISALIA, CA 93291

NOTICE OF A PROPOSED

INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
Project Title: Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597 Project Description:

Annexation No. 2024-01 is a request by Jonathan Frausto/San Joaquin Valley Homes to annex two parcels totaling approximately 59.13-acres into the City Limits of Visalia and to detach said parcels from Tulare County Service Area No. 1.

The Elliott Tentative Subdivision Map No. 5597 is a request by Jonathan Frausto/San Joaquin Valley Homes to subdivide two parcels totaling approximately 59.13-acres into 225 lots for single-family residential use and additional outlots for landscaping and a neighborhood park.

The development of the property, if approved, will create additional housing units in the southwest portion of the City at a density of 3.8 dwelling units to the gross acre within the Low Density Residential designation area, which is consistent with the Visalia General Plan.

Project Location: The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue (APNs: 087-010-006 and 087-010-008).

Contact Person: Cristobal Carrillo, Associate Planner, Phone: (559) 713-4443, Email:
[email protected]
Pursuant to City Ordinance No. 2388, the Environmental Coordinator of the City of Visalia has reviewed the proposed project described herein and has found that the project will not result in any significant effect upon the environment because of the reasons listed below:

Reasons for Mitigated Negative Declaration: Initial Study No. 2024-05 has identified environmental impact(s) that may occur because of the project; however, with the implementation of mitigation measures identified, impact(s) will be reduced to a level that is less than significant.

Copies of the initial study and other documents relating to the subject project may be examined by interested parties at the Planning Division in City Hall East, at 315 East Acequia Avenue, Visalia, CA.

In the event that City Hall front counter services are closed to the public, copies of the initial study and other documents relating to the subject project may be requested by contacting project planner Cristobal Carrillo, Associate Planner, by phone at (559) 713-4443 or by email at [email protected] or by visiting the following webpage:
https://www.visalia.city/depts/community_development/planning/ceqa_environmental_review.asp Comments on this proposed Mitigated Negative Declaration will be accepted from June 27, 2024 to July 17, 2024.

Date June 27, 2024 Signed:

Brandon Smith, AICP Environmental Coordinator
City of Visalia
769
Initial Study and Mitigated Negative Declaration
for Elliott Subdivision
June 2024
4Creeks, Inc.
324 S Santa Fe, Suite A
Visalia, CA 93292
Prepared By: Prepared For:

City of Visalia
315 E Acequia Ave
Visalia, CA 93291
770

TABLE OF CONTENTS
Section 1: Initial Study/MND Process 1-1

1.1 California Environmental Quality Act Guidelines 1-1

1.2 Initial Study 1-1

1.3 Environmental Checklist 1-2

1.4 Notice of Intent to Adopt a Negative Declaration/Notice of Preparation 1-2

1.5 Mitigated Negative Declaration 1-3

1.6 Intended Uses of the Environmental Assessment, Initial Study 1-3

1.7 Notice of Determination 1-4

1.8 CEQA Process Flow Chart 1-5
Section 2: Project Description 2-1

2.1 Project Description & Purpose 2-1

2.2 Project Location 2-1

2.3 Other Permits and Approvals 2-1
Section 3: Evaluation of Environmental Impacts 3-1

3.1 Purpose 3-1

3.2 Initial Study/Mitigated Negative Declaration 3-3

3.3 Evaluation of Environmental Impacts 3-8

3.4 Environmental Factors Potentially Affected 3-11

3.5 Environmental Analysis 3-12
I. Aesthetics 3-12
II. Agriculture and Forest Resources 3-20
III. Air Quality 3-29
IV. Biological Resources 3-39
V. Cultural Resources 3-50
VI. Energy 3-58
VII. Geology and Soils 3-63
VIII. Greenhouse Gas Emissions 3-71
IX. Hazards and Hazardous Materials 3-77
X. Hydrology and Water Quality 3-84
XI. Land Use and Planning 3-92
XII. Mineral Resources 3-97
XIII. Noise 3-99
XIV. Population and Housing 3-105
XV. Public Services 3-107
XVI. Parks and Recreation 3-111
XVII. Transportation 3-114
XVIII. Tribal Cultural Resources 3-122
XIX. Utilities and Service Systems 3-130
771
XX. Wildfire 3-136
XX. Mandatory Findings of Significance 3-138

3.6 Mitigation Monitoring and Reporting Program 3-140

3.7 Supporting Information and Sources 3-146
Section 4: List of Report Preparers 4-1
Appendices
Appendix A: CalEEMod Report
Appendix B: Biological Evaluation
Appendix C: Cultural Resources Assessment
Appendix D: Traffic Study/VMT Assessment
Appendix E: Agricultural Mitigation Memo
Appendix F: Biochemical Oxygen Demand and Total Suspended Solids Calculations
List of Figures
2-1 Regional Location 2-3
2-2 Vicinity Map 2-4
3-1 Site Plan 3-7
3-2 Phasing Map 3-8
3-3 Important Farmland Map 3-26
3-4 Soils Map 3-66
3-5 Distance to Schools and Airports 3-80
3-6 City of Tulare General Plan Land Use 3-94
3-7 Zoning Map 3-95
3-8 Construction Related Noise Levels 3-102
3-9 Visalia Existing VMT Per Capita – First Parcel 3-119 3-10 Visalia Existing VMT Per Capita – Second Parcel 3-120 List of Tables
3-1 Important Farmland Developed Under 2030 GP 3-26
3-2 San Joaquin Valley Attainment Status 3-30
3-3 Ambient Air Quality Standards 3-32
3-4 SJVAPCD Thresholds of Significance – Criteria Pollutants 3-35 3-5 Projected Project Emissions for Criteria Pollutants related to Construction 3-37 3-6 Projected Project Emissions for Criteria Pollutants related to Operations 3-37 3-7 Special Status Species Findings 3-42
3-8 SCE and State Average Power Resources 3-58
3-9 On-Road Mobile Fuel Use Generated from Construction 3-61 3-10 On-Road Mobile Fuel Use Generated from Operation 3-61 3-11 Greenhouse Gases 3-72
3-12 Projected Project Operational GHG Emissions 3-75
772
3-13 Project Consistency with Climate Action Plan Strategies 3-75 3-14 City of Visalia Noise Standards 3-100
3-15 Noise Levels of Noise-Generating Equipment 3-102
3-16 Vibration Levels Generated by Construction Equipment 3-103 3-17 Student Generation Rates 3-110
3-18 Proposed Project Trip Generation 3-116
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Section 1
Initial Study/Negative
Declaration Process
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Elliott Subdivision
DRAFT Initial Study/Mitigated Negative Declaration June 2024 City of Visalia
315 E Acequia Ave
Visalia, CA 93291
SECTION 1
CEQA Review Process
Project Title: Elliott Subdivision

1.1 California Environmental Quality Act Guidelines
Section 15063 of the California Environmental Quality Act (CEQA) Guidelines requires that the Lead Agency prepare an Initial Study to determine whether a discretionary project will have a significant effect on the environment. All phases of the project planning, implementation, and operation must be considered in the Initial Study. The purposes of an Initial Study, as listed under Section 15063(c) of the CEQA Guidelines, include:
(1) Provide the lead agency with information to use as the basis for deciding whether to prepare an EIR or negative declaration;
(2) Enable an applicant or lead agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a negative declaration;
(3) Assist in the preparation of an EIR, if one is required, by:
(a) Focusing the EIR on the effects determined to be significant, (b) Identifying the effects determined not to be significant, (c) Explaining the reasons for determining that potentially significant effects would not be significant, and
(d) Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of the project's environmental effects. (4) Facilitate environmental assessment early in the design of a project; (5) Provide documentation of the factual basis for the finding in a negative declaration that a project will not have a significant effect on the environment (6) Eliminate unnecessary EIRs;
(7) Determine whether a previously prepared EIR could be used with the project.

1.2 Initial Study
The Initial Study provided herein covers the potential environmental effects of a 225-unit, lowdensity single-family development on 59.13 gross acres within the City of Visalia Planning Area.

The Project site’s existing City of Visalia General Plan land use designation is Residential Low Density, with a current County of Tulare zoning designation of AE-20 (Exclusive Agriculture, 20 acre minimum site area). The Project’s proposed zoning under City jurisdiction is R-1-5 (Single Family Residential, 5,000 square foot minimum site area). The Project includes 225 homes, with 775
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 a minimum of 6,480 square feet per lot, and a 4.15-acre park. The City of Visalia will act as the Lead Agency for processing the Initial Study/Mitigated Negative Declaration under the CEQA Guidelines.

1.3 Environmental Checklist
The Lead Agency may use the CEQA Environmental Checklist Form [CEQA Guidelines, Section 15063(d)(3) and (f)] in preparation of an Initial Study to provide information for determining if there are significant effects of the project on the environment. A copy of the completed Environmental Checklist is outlined in Section Three.

1.4 Notice of Intent to Adopt a Negative Declaration
The Lead Agency shall provide a Notice of Intent to Adopt a Negative Declaration (CEQA Guidelines, Section 15072) to the public, responsible agencies, trustee agencies, and the County Clerk within which the project is located, sufficiently before adoption by the Lead Agency of the Negative Declaration to allow the public and agencies the review period. The public review period (CEQA Guidelines, Section 15105) will be 20 days. The City is not anticipating state agency review.

Before approving the project, the Lead Agency shall consider the proposed Negative Declaration together with any comments received during the public review process and shall adopt the proposed Negative Declaration only if it finds based on the whole record before it, that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the Lead Agency’s independent judgment and analysis.

The written and oral comments received during the public review period will be considered by The City of Visalia before adopting the Negative Declaration. Regardless of the type of CEQA document that must be prepared, the overall purpose of the CEQA process is to:
1) Assure that the environment and public health and safety are protected in the face of discretionary projects initiated by public agencies or private concerns; 2) Provide full disclosure of the project’s environmental effects to the public, the agency decision-makers who will approve or deny the project, and the responsible trustee agencies charged with managing resources (e.g. wildlife, air quality) that may be affected by the project; and
3) Provide a forum for public participation in the decision-making process on potential environmental effects.

According to Section 15070(a) a public agency shall prepare or have prepared a proposed negative declaration for a project subject to CEQA when:
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment. Less than significant impacts with mitigation measures have been identified.

The Environmental Checklist Discussion contained in Section Three of this document has determined that the environmental impacts of the project are less than significant with mitigation measures and that a Mitigated Negative Declaration is adequate for adoption by the Lead Agency.

1.5 Negative Declaration or Mitigated Negative Declaration The Lead Agency shall prepare or have prepared a proposed Negative Declaration or Mitigated Negative Declaration (CEQA Guidelines Section 15070) for a project subject to CEQA when the Initial Study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment. The proposed Negative Declaration or Mitigated Negative Declaration circulated for public review shall include the following:
(a) A brief description of the project, including a commonly used name for the project. (b) The location of the project, preferably shown on a map. (c) A proposed finding that the project will not have a significant effect on the environment. (d) An attached copy of the Initial Study documenting reasons to support the finding. (e) Mitigation measures, if any.

1.6 Intended Uses of Initial Study/Negative Declaration Documents The Initial Study/Negative Declaration document is an informational document that is intended to inform decision-makers, other responsible or interested agencies, and the general public of the potential environmental effects of the proposed project. The environmental review process has been established to enable public agencies to evaluate environmental consequences and to examine and implement methods of eliminating or reducing any adverse impacts. While CEQA requires that consideration be given to avoiding environmental damage, the Lead Agency must balance any potential environmental effects against other public objectives, including economic and social goals. The City of Visalia, as the Lead Agency, will make a determination, based on the environmental review for the Environmental Study, Initial Study, and comments from the general public, if there are less than significant impacts from the proposed project and the requirements of CEQA can be met by adoption of a Mitigated Negative Declaration.

1.7 Notice of Determination (NOD)
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 The Lead Agency shall file a Notice of Determination within five working days after deciding to approve the project. The Notice of Determination (CEQA Guidelines, Section 15075) shall include the following:
(1) An identification of the project including the project title as identified on the proposed negative declaration, its location, and the State Clearinghouse identification number for the proposed negative declaration if the notice of determination is filed with the State Clearinghouse.
(2) A brief description of the project.
(3) The agency's name and the date on which the agency approved the project. (4) The determination of the agency that the project will not have a significant effect on the environment.
(5) A statement that a negative declaration or a mitigated negative declaration was adopted pursuant to the provisions of CEQA.
(6) A statement indicating whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted. (7) The address where a copy of the negative declaration or mitigated negative declaration may be examined.
(8) The identity of the person undertaking a project which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies or the identity of the person receiving a lease, permit, license, certificate, or other entitlement for use from one or more public agencies. 778
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1.8 CEQA Process Flow Chart
779
Section 2
Project Description
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 City of Visalia
315 E Acequia Ave
Visalia, CA 93291
SECTION 2
Project Description
Project Title: Elliott Property Subdivision

2.1 Project Description and Purpose
The Project proposes a 225-unit, low-density single-family development on 59.13 gross acres within the City of Visalia Planning Area. The Project site’s existing City of Visalia General Plan land use designation is Residential Low Density, with a current County of Tulare zoning designation of AE-20 (Exclusive Agriculture, 20 acre minimum site area). The Project’s proposed zoning under City jurisdiction is R-1-5 (Single Family Residential, 5,000 square foot minimum site area). The Project includes 225 homes, with a minimum of 6,480 square feet per lot, and a

4.15-acre park.

The Project would result in onsite and offsite infrastructure improvements, including new and relocated utilities, new residential streets, and improvements of West Tulare Avenue, South Roeben Street, and South Shirk Road. The Persian Ditch will remain, fenced off within the park area. The Project will require no demolition.

The Project will require annexation into the City of Visalia; it is within the Visalia Planning Area and borders the existing City limits and single-family homes. The Project plans to develop the project in two phases (Figure 3-2).

2.2 Project Location
The proposed project site is located within the City of Visalia Planning Area within Tulare County. The site is west of S Roeben Street, east of S Shirk Road, and south of W Tulare Avenue.

The site is approximately 3.5 miles southwest of the Visalia downtown. The Project involves construction on APNs 087-010-006 and 087-010-008. The site is topographically flat, with agricultural uses to the north and west and single-family housing to the south and east. The site contains agricultural uses, vacant land, and an oak grove.

2.3 Other Permits and Approvals
The following approvals are required for the proposed Project:
• Tentative Subdivision Map
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 • Tulare County Local Agency Formation Commission Annexation • San Joaquin Valley Air Pollution Control District (SJVAPCD). The proposed Project is within the jurisdiction of the SJVAPCD and will be required to comply with Rules VIII, 3135, 4101, and 9510.
• Central Valley Regional Water Quality Control Board, SWPPP. The proposed project site is within the jurisdiction of the Central Valley Regional Water Quality Control Board (RWQCB). The Central Valley RWQCB will require a Storm Water Pollution Prevention Plan (SWPPP) to prevent impacts related to stormwater because of project construction.

The following ministerial approvals are required from the City of Visalia for the proposed Project:
• City of Visalia Building and Encroachment Permits
• Roadway Dedication of Shirk Road, Roeben Street, and Tulare Avenue. 782
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Figure 2-1. Regional Location Map
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Figure 2-2. Vicinity Map
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Section 3
Evaluation of Environmental
Impacts
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Elliott Property Subdivision
DRAFT Initial Study/Mitigated Negative Declaration June 2024 City of Visalia
315 E Acequia Ave
Visalia, CA 93291
SECTION 3
Evaluation of Environmental Impacts
Project Title: Elliott Property Subdivision
This document is the Initial Study/Mitigated Negative Declaration for the proposed construction and operation of 225-unit, low-density single-family development with a park on 59.13 gross acres within the City of Visalia. The City of Visalia will act as Lead Agency for this Project pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines.

3.1 PURPOSE
The purpose of this environmental document is to implement the California Environmental Quality Act (CEQA). Section 15002(a) of the CEQA Guidelines describes the basic purposes of CEQA as follows.
(1) Inform governmental decision-makers and the public about the potential, significant environmental effects of proposed activities.
(2) Identify the ways that environmental damage can be avoided or significantly reduced. (3) Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible.
(4) Disclose to the public the reasons why a governmental agency approved the Project in the manner the agency chose if significant environmental effects are involved.

This Initial Study of environmental impacts has been prepared to conform to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.). According to Section 15070, a public agency shall prepare or have prepared a proposed negative declaration or mitigated negative declaration for a Project subject to CEQA when:
(a) The initial study shows that there is no substantial evidence, in light of the whole record before the agency, that the Project may have a significant effect on the environment,or
(b) The initial study identifies potentially significant effects, but:
(1) Revisions in the Project plans or proposals made by, or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released 786
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and
(2) There is no substantial evidence, in light of the whole record before the agency, that the Project as revised may have a significant effect on the environment. 787
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3.2 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

1. Project Title: Elliott Property Subdivision

2. Lead Agency: City of Visalia, Planning and Community Preservation Department Contact Person: Cristobal Carrillo, Planning Division
315 E Acequia Ave
Visalia, CA 93291
Phone Number: (559) 713-4443

3. Applicant: San Joaquin Valley Homes
Contact Person: Nick Peters
5607 Avenida De Los Robles
Visalia, CA 93291
Phone Number: (559)-437-5010

4. Project Location: The proposed Project Site is located within the City of Visalia Planning Area within Tulare County. The Site is west of S Roeben Street, east of S Shirk Road, and south of Tulare Street. The Site is approximately 3.5 miles southwest of the Visalia downtown. The Project involves construction on APNs 087-010-006 and 087-010-008. The Site is topographically flat, with agricultural uses to the north and west and single-family housing to the south and east. The Site is zoned AE-20 (Exclusive Agriculture, 20 Acre Minimum Site Area) by Tulare County but will be zoned R-1-5 by the City of Visalia, pending annexation.

The Visalia General Plan Designation is Low Density Residential. The Site contains agricultural uses, vacant land, and an oak grove.

5. General Plan Designation: The proposed Project Site is designated as Low Density Residential by the Visalia General Plan.

6. Zoning Designation: The Site is currently zoned AE-20 in the County of Tulare Designation.

7. Project Description: The Project proposes a 225-unit, low-density single-family development on 59.13 gross acres within the City of Visalia Planning Area. The Project site’s existing City of Visalia General Plan land use designation is Residential Low Density, with a current County of Tulare zoning designation of AE-20 (Exclusive Agriculture, 20-acre minimum site area). The Project’s proposed zoning under City jurisdiction is R-1-5 (Single Family Residential, 5,000 square foot minimum site area). The Project includes 225 homes, with a minimum of 6,480 square feet per lot, and a 4.15-acre park.

The Project would result in onsite and offsite infrastructure improvements, including new and relocated utilities, new residential streets, and improvements of West Tulare Avenue, 788
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 South Roeben Street, and South Shirk Road. The Persian Ditch will remain, fenced off, in the park area. within the park area. The Project will require no demolition.

8. Surrounding Land Uses and Settings:

Direction Adjacent Street Adjacent Property Usage
North None (Future West Tulare Street) Agricultural and Irrigated Pasture South None Residential
East South Roeben Street Residential
West South Shirk Road Rural Residence and Agricultural

9. Required Approvals: The following approvals are required for the proposed project:
• Tentative Subdivision Map
• Tulare County Local Agency Formation Commission Annexation • San Joaquin Valley Air Pollution Control District (SJVAPCD). The proposed Project is within the jurisdiction of the SJVAPCD and will be required to comply with Rule VIII, 3135, 4101, and 9510.
• Central Valley Regional Water Quality Control Board, SWPPP. The proposed Project Site is within the jurisdiction of the Central Valley Regional Water Quality Control Board (RWQCB). The Central Valley RWQCB will require a Storm Water Pollution Prevention Plan (SWPPP) to prevent impacts related to stormwater because of Project construction.

The following ministerial approvals are required from the City of Visalia for the proposed project:
• City of Visalia Building and Encroachment Permits
• Roadway Dedication of Shirk Road, Roeben Street, and Whitendale Avenue

10. Native American Consultation: The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the California Environmental Quality Act (CEQA) Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)). According to the most recent census data, California is home to 109 currently recognized Native American tribes.

Tribes in California currently have nearly 100 separate reservations or Rancherias. Tulare County has several Rancherias. These Rancherias are not located within the City limits. 789
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and Project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality.

11. Parking and access: Vehicular access to the Project is available via S Shirk Road, S Roeben Street, and the future expansion of W Tulare Road to the north of the Project. The Project includes new streets and courts that provide full access to the Project site. These internal streets will have a ROW of 60’, including sidewalks and parkways on both sides.

Improvements will be made to Shirk Road, Tulare Avenue, and Roeben Street. The Right of Way (ROW) of Shirk Road will have an ultimate ROW of 110’ with a center median, with the Project providing the eastern half of improvements. The eastern half of Shirk Road will include two lanes of traffic, a bike lane, a sidewalk, and landscaping. The ROW of S. Roeben Street will have an ultimate ROW of 84’. The Project will build out the western half of Roeben Street to include a southbound lane of traffic, sidewalk, bike lane, and landscaping. Tulare Avenue, currently a dirt road to the north of the Project, will have an ultimate ROW of 84’, with the Project providing the southern half of improvements, including new pavement for an eastbound lane of traffic, a bike lane, a sidewalk, and landscaping. During construction, workers will utilize existing parking areas and/or temporary construction staging areas for parking vehicles and equipment.

12. Landscaping and Design: The landscape and design plans will be required during building permit and final map submittal for any areas maintained by a landscape and lighting district.

13. Utilities and Electrical Services: The Project would result in onsite and offsite infrastructure improvements including new and relocated utilities. Electricity will be provided by Southern California Edison, telephone will be provided by AT&T, and natural gas will be provided by Southern California Gas. Water will be provided by Cal Water and sewer services will be provided by the City of Visalia via existing lines. A stormwater pond will be located in the Southwest corner of the site. During construction, a temporary stormwater basin will be utilized.
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Acronyms
BMP Best Management Practices
BAU Business as Usual
CAA Clean Air Act
CBC California Building Code
CCAP Climate Change Action Plan
CCR California Code of Regulation
CDFG California Department of Fish and Game
CEQA California Environmental Quality Act
CRHR California Register of Historic Places
CWA California Water Act
DHS Department of Health Services
FEIR Final Environmental Impact Report
FMMP Important Farmland Mapping and Monitoring Program
ISMND Initial Study Mitigated Negative Declaration
ISR Indirect Source Review
MCL Maximum Contaminant Level
MEIR Master Environmental Impact Report
NOI Notice of Intent
ND Negative Declaration
NAC Noise Abatement Criteria
RCRA Resource Conservation and Recovery Act of 1976
ROW Right-of-Way
RWQCB Regional Water Quality Control Board
SCE Southern California Edison
SHPO State Historic Preservation Office
SJVAPCD San Joaquin Valley Air Pollution Control District SSJVIC Southern San Joaquin Information Center
SWPPP Storm Water Pollution Prevention Plan
TCR Tribal Cultural Resource
UWMP Urban Water Management Plan
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Figure 3-1: Site Plan
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Figure 3-2: Phasing Plan
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DRAFT Initial Study/Mitigated Negative Declaration June 2024

3.3 EVALUATION OF ENVIRONMENTAL IMPACTS

1. A brief explanation is required for all answers except “no Impact” answers that are adequately supported by the information sources a lead agency cites, in the parentheses following each question. A “No Impact” answer is adequately supported if the reference information sources show that the impact simply does not apply to projects like the one involved (e.g., the Project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the Project will not expose sensitive receptors to pollutants, based on a projectspecific screening analysis).

2. All answers must take account of the whole action involved, including off-Site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR if required.

4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross-referenced).

5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.

Section 15063(c) (3)(D). In this case, a brief discussion should identify the following. • Earlier Analysis Used. Identify and state where they are available for review. • Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
• Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated.” Describe and mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
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6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 795
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3.4 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
 Aesthetics  Greenhouse Gas Emissions  Public Services  Agriculture and Forest Resources  Hazards & Hazardous Materials  Recreation  Air Quality  Hydrology and Water Quality  Transportation  Biological Resources  Land Use and Planning  Tribal  Cultural Resources  Mineral Resources  Utilities and Service System  Energy  Noise  Wildfire
 Geology and soils  Population  Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) Where potential impacts are anticipated to be significant, mitigation measures will be required, so that impacts may be avoided or reduced to insignificant levels.

On the basis of this initial evaluation:
 I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION WILL BE PREPARED.
 I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
 I find that the proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
 I find that the proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed.  I find that although the proposed Project could have a significant effect on the environment because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is requested. ________________________________________ ______________________

SIGNATURE DATE
__________________________ City of Visalia

PRINTED NAME AGENCY
Brandon Smith 6/27/2024
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3.5 ENVIRONMENTAL ANALYSIS
The following section provides an evaluation of the impact categories and questions contained in the checklist and identify mitigation measures, if applicable.

I. AESTHETICS
Except as provided in Public Resource
Code Section 21099, would the project: Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on
a scenic vista?
   
b) Substantially damage scenic
resources, including, but not limited to,
trees, rock outcroppings, and historic
buildings within state scenic highway?
   
c) In non-urbanized areas,
substantially degrade the existing visual
character or quality of public views of
the Site and its surroundings? (Public
views are those that are experienced
from a publicly accessible vantage
point). If the Project is in an urbanized
area, would the Project conflict with
applicable zoning and other regulations
governing scenic quality?
   
d) Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the
area?
   
Environmental Setting
Scenic Resources
Scenic resources include landscapes and features that are visually or aesthetically pleasing.

They contribute positively to a distinct community or region. These resources produce a visual benefit to communities. The City of Visalia has a visual character of a mix of rural and built environments. Visalia is surrounded by natural open space agricultural land, characterized by uses such as grazing, open space, and cultivated agriculture. Downtown Visalia is the physical, cultural, and economic center, with historical homes surrounding the downtown. St. John’s River flows along the North side of Visalia’s city limits, along with smaller creeks and ditches throughout the city. Valley Oak trees, both individually and in groves, also provide an important scenic feature and link to the natural setting of the San Joaquin Valley. The goal of Visalia’s 797
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 General Plan regarding visual resources is to preserve and re-establish the city’s natural waterway system and Valley Oak tree groves with parks, conservation areas, and trailways.

Scenic Vistas
The Visalia General Plan identifies the Sierra Nevada mountains to the east and agricultural lands surrounding the city as scenic vistas surrounding Visalia.

Existing Visual Character
The following photos demonstrate the aesthetic character of the Project area. As shown, the proposed Project Site area is in a relatively flat area characterized by agricultural uses.

Photo 1: Eastern-facing view of the central-western portion of subject Site parcel 087-010- 008 (central-western portion of the subject site).
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Photo 2: Western-facing view of the northeastern portion of subject Site parcel 087-010-008 (northeastern portion of the subject site).

Photo 3: View of the irrigation canal (Persian Ditch) located in a presumed easement in the southeastern portion of the subject site.
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Photo 4: Southern-facing view of the former residential area located adjacent to South Roeben Street in the southeastern portion of the subject site.

Regulatory Setting
Scenic Roadways
The California Scenic Highway Program was established in 1963 by the State Legislature to protect and enhance the natural beauty of California highways and adjacent corridors through conservation strategies. The State Scenic Highway System includes a list of highways that have either been officially designated or are eligible for designation. State laws affiliated with governing the scenic highway program can be found in Sections 260-263 in The Street and Highways Code.

State Scenic Highways
According to the California Department of Transportation mapping of State Scenic Highways, the City of Visalia does not have officially designated State Scenic Highways, however, the City has one eligible State Scenic Highway, a 44-mile stretch of State Route 198 from State Route 99 to Sequoia National Park. This is designated as a scenic corridor in the City’s General Plan This portion of the highway is approximately 0.5 miles north from the proposed Site.

City of Visalia General Plan
The 2030 General Plan includes the policies related to aesthetic resources that correlate to the proposedproject:
• LU-P-28: Continue to use natural and man-made edges, such as major roadways and 800
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 waterways within the City’s Urban Area Boundary, as urban development limit and growth phasing lines.
• LU-P-34: Work with Tulare County to prevent urban development of agricultural land outside of the current growth boundaries and to promote the of use agricultural preserves, where they will promote orderly development. • LU-P-42: Develop scenic corridor and gateway guidelines that will maintain the agricultural character of Visalia at its urban fringe.
• LU-P-72: Ensure that noise, traffic, and other potential conflicts that may arise in a mix of commercial and residential uses are mitigated through good Site planning, building design, and/or appropriate operational measures.
• OSC-P-13: In new neighborhoods that include waterways, improvement of the waterway corridor, including preservation and/or enhancement of natural features and development of a continuous waterway trail on at least one side, shall be required. • OSC-P-17: Require that new development along waterways maintain a visual orientation and active interface with waterways. Develop design guidelines to be used for review and approval of subdivision and development proposals to illustrate how this can be accomplished for different land uses in various geographic settings. • OSC-P-34: Enhance views and public access to Planning Area waterways and other significant features such as Valley Oak groves consistent with flood protection, irrigation water conveyance, habitat preservation and recreation planning policies. 801
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Tulare County General Plan
The 2030 Tulare County General Plan contains the following goals and policies related to aesthetic resources that correlate to the proposed project:
• SL-1.1 Natural Landscapes: During review of discretionary approvals, including parcel and subdivision maps, the County shall as appropriate, require new development to not significantly impact or block views of Tulare County’s natural landscapes. o Be sited to minimize obstruction of views from public lands and rights-of-ways, o Screen parking areas from view,
o Include landscaping that screens the development,
o Limit the impact of new roadways and grading on natural settings, and o Include signage that is compatible and in character with the location and building design
• SL-1.2 Working Landscapes: The County shall require that new non-agricultural structures and infrastructure located in or adjacent to croplands, orchards, vineyards, and open rangelands be sited so as to not obstruct important viewsheds and to be designed to reflect unique relationships with the landscape. o Referencing traditional agricultural building forms and materials, o Screening and breaking up parking and paving with landscaping, and o Minimizing light pollution and bright signage.
• SL-1.3 Watercourses: The County shall protect visual access to, and the character of, Tulare County’s scenic rivers, lakes, and irrigation canals. • SL-3.2 Urban Expansion–Edges: The County shall design and plan the edges and interface of communities with working and natural landscapes to protect their scenic qualities by:
o Maintaining urban separators between cities and communities, o Encouraging cities to master plan mixed-density neighborhoods at their edges, locating compatible lower density uses adjacent to working and natural landscapes, and
o Protecting important natural, cultural, and scenic resources located within areas that may be urbanized in the future.

City of Visalia Zoning Ordinance
The Visalia Zoning Ordinance governs the distribution and intensity of land uses, sets the principles for evaluating development, and guides the development and growth of the City.

The Zoning Ordinance establishes specific development criteria for each zoning district (i.e., parking requirements, walls, fencing, setbacks, building height, etc.). 802
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 City of Visalia Valley Oak Ordinance
The City’s Valley Oak Ordinance provides basic standards, measures, and compliance requirements for the preservation and protection of native Valley oak trees and landmark trees. The Ordinance prohibits the destruction of oak trees except with an oak tree removal permit. A permit may be granted only if it is found that the oak tree is in danger of falling on a structure or is a host for a plant, pest, or disease endangering other species; if removal is necessary to allow the reasonable enjoyment of private property; or if urban forestry or land management practices warrant removal. If a tree removal permit is granted, the tree must either be replaced by new oak trees on the same property, or by paying mitigation fees to be used for the establishment of new oak trees on other property.

Discussion
a) Would the Project have a substantial adverse effect on a scenic vista? Less than Significant Impact: A scenic vista is defined as a viewpoint that provides expansive views of a highly valued landscape for the benefit of the general public. The Sierra Nevada mountains to the east and agricultural lands surrounding the city are the primary scenic vista within this region. The Site is surrounded by agricultural uses and single-family homes, while the Sierra Nevada foothills are approximately 20 miles east of the Project Site. The Project would obstruct some views of agricultural uses. However, the Project would not significantly alter views overall from the surrounding community.

There is a less than significant impact.
b) Would the Project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within state scenic highway? No Impact: There are no officially designated State Scenic Highways located in the City of Visalia or nearby the site. Highway 198, 0.5 miles north of the Site, is eligible to become a State Scenic Highway. The Site is not visible from Highway 198 and will not impact any views. The proposed Project would not damage any scenic resources within a state scenic highway and there is no impact.
c) In non-urbanized areas, would the Project substantially degrade the existing visual character or quality of the Site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant Impact: The Project Site contains an Oak Grove in the northern portion. Following the Valley Oak Ordinance, any trees that must be removed will be inspected and will be replaced. The materials, signage, fencing, landscaping, and building materials used in the construction of the Project will be selected based on their 803
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 ability to improve the overall visual character of the area. The proposed Project will comply with the Valley Oak Ordinance (Visalia Municipal Code Chapter 12.24) as well as all applicable zoning and other regulations governing scenic quality. There is a less than significant impact.
d) Would the Project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact: The proposed Project would result in new lighting sources on the Project Site consistent with adjacent residential development. New lighting sources would include interior lighting from residences, street lighting, and security lighting. All street and landscape lighting will be consistent with the City’s lighting standards, which are developed to minimize impacts related to excessive light and glare. Although the Project will introduce new light sources to the area, all lighting will be consistent with adjacent residential land uses and the City’s lighting standards. The impacts are less than significant.
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 II. AGRICULTURE AND FOREST RESOURCES:

In determining whether impacts to
agricultural resources are significant
environmental effects, lead agencies
may refer to the California Agricultural
Land Evaluation and Site Assessment
Model (1997) prepared by the California
Department of Conservation as an
optional model to use in assessing
impacts on agriculture and farmland.

In determining whether impacts to
forest resources, including timberland,
are significant environmental effects,
lead agencies may refer to information
compiled by the California Department
of Forestry and Fire Protection
regarding the state’s inventory of forest
land, including the Forest and Range
Assessment Project and the Forest
Legacy Assessment project; and forest
carbon measurement methodology
provided in the Forest Protocols
adopted by the California Air Resources
Board. Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?
   
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
Contract?
   
c) Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220(g)), timberland (as
defined by Public Resources Code
section 4526), or timberland zoned
timberland Production (as defined by
Government Code section 51104(g)?
   
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 d) Result in the loss of forestland or
conversion of forest land to nonforest use?
   
e) Involve other changes in the existing
environment, which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forestland to non-forest
use?
   
Environmental Setting
Central California is one of the world’s premier growing regions. Agriculture is an important economic resource for Visalia and the surrounding areas. 39,518 acres, or 65 percent, of the Visalia Planning Area is farmland producing fruit and nut crops, vegetables, nursery products (trees), apiary products (honey), seed crops (cotton), industrial crops (timber), field crops (alfalfa, barley, corn), and livestock.

The proposed Project Site is located within the Visalia Planning Area. The proposed Project Site is not under a Williamson Act Contract or a Farmland Security Zone contract. The proposed Site is designated as with two land use designations, Prime Farmland and Urban and Built-Up Land, under the Important Farmland Mapping and Monitoring Program (FMMP). The Site is within the Tier 2 Development Boundary and is designated for Low-Density Housing. To the north and west is additional Prime Farmland. To the south and east are Urban and Built-up land.

Regulatory Setting
California Land Conservation Act of 1965
The California Land Conservation Act of 1965, commonly referred to as the Williamson Act, allows local governments to enter into contracts with private landowners to restrict the activities on specific parcels of land to agricultural or open space uses. The landowners benefit from the contract by receiving greatly reduced property tax assessments. The California Land Conservation Act is overseen by the California Department of Conservation; however local governments are responsible for determining specific allowed uses and enforcing the contract.

Right to Farm Ordinance
Tulare County adopted a “Right to Farm Ordinance,” to protect the rights of commercial farming operations while promoting a “good neighbor policy” between these uses. Under this ordinance, property owners and residents are made aware that they may experience inconveniences due to commercial agricultural operations.

Visalia Municipal Code Chapter 18.04: Agricultural Land Preservation Program 806
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Chapter 18.04 of the Visalia Municipal Code details the Agricultural Land Preservation Program (Program) in Visalia. The Program intends to establish a process for the required preservation of agricultural land through the acquisition of agricultural conservation easements or the payment of an in-lieu fee for projects.

California Farmland Mapping and Monitoring Program (FMMP) The FMMP is implemented by the California Department of Conservation (DOC) to conserve and protect agricultural lands within the State. Land is included in this program based on soil type, annual crop yields, and other factors that influence the quality of farmland. The FMMP mapping categories for the most important statewide farmland are as follows:
• Prime Farmland has the ideal physical and chemical composition for crop production.

It has been used for irrigated production in the four years prior to classification and can produce sustained yields. 51% of the Visalia Planning Area is classified as Prime Farmland.
• Farmland of Statewide Importance has also been used for irrigated production in the four years prior to classification and is only slightly poorer quality than Prime Farmland. 11% of the Visalia Planning Area is classified as Farmland of Statewide Importance. • Unique Farmland has been cropped in the four years prior to classification and does not meet the criteria for Prime Farmland or Farmland of Statewide Importance but has produced specific crops with high economic value. Less than 1% of the Visalia Planning Area is classified as Unique Farmland.
• Farmland of Local Importance encompasses farmland that does not meet the criteria for the previous three categories. These may lack irrigation, produce major crops, be zoned as agricultural, and/or support dairy. 2% of the Visalia Planning Area is classified as Farmland of Local Importance.

City of Visalia General Plan
The 2030 General Plan includes the policies related to agricultural resources that correlate to the proposed project:
• LU-P-14: Recognize the importance of agriculture-related business to the City and region, and support the continuation and development of agriculture and agriculture related enterprises in and around Visalia by:
o Implementing growth boundaries and cooperating with the County on agricultural preservation efforts;
o Accommodating agriculture-related industries in industrial districts; o Facilitating successful farmers’ markets;
o Helping to promote locally grown and produced agricultural goods, and the image of Visalia and Tulare County as an agricultural region. • LU-P-19: Ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy. 807
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 • LU-P-21: Allow annexation and development of residential, commercial, and industrial land to occur within the Tier II UDB and the Tier III Urban Growth Boundary consistent with the City’s Land Use Diagram, according to the stated phasing thresholds. • LU-P-30: Maintain greenbelts, or agricultural/open space buffer areas, between Visalia and other communities by implementing growth boundaries and working with Tulare County and land developers to prevent premature urban growth north of the St. Johns River and in other sensitive locations within the timeframe of this General Plan. • LU-P-31: Promote the preservation of permanent agricultural open space around the City by protecting viable agricultural operations and land within the City limits in the airport and wastewater treatment plant environs.
• LU-P-32: Continue to maintain a 20-acre minimum for parcel map proposals in areas designated for Agriculture to encourage viable agricultural operations in the Planning Area.
• OSC-P-27: To allow efficient cultivation, pest control and harvesting methods; require buffer and transition areas between urban development and adjoining or nearby agricultural land.
• OSC-P-28: Require new development to implement measures, as appropriate, to minimize soil erosion related to grading, site preparation, landscaping, and construction.

Tulare County General Plan
The 2030 Tulare County General Plan contains following goals related to agricultural resources that correlate to the proposed project:
• AG-1.1: The County shall maintain agriculture as the primary land use in the valley region of the County, not only in recognition of the economic importance of agriculture, but also in terms of agriculture’s real contribution to the conservation of open space and natural resources.
• AG-1.6: The County shall consider developing an Agricultural Conservation Easement Program (ACEP) to help protect and preserve agricultural lands (including “Important Farmlands”), as defined in this Element. This program may require payment of an inlieu fee sufficient to purchase a farmland conservation easement, farmland deed restriction, or other farmland conservation mechanism as a condition of approval for conservation of important agricultural land to non-agricultural use. If available, the ACEP shall be used for replacement lands determined to be of statewide significance (Prime or other Important Farmlands), or sensitive and necessary for the preservation of agricultural land, including land that may be a part of a community separator as part of a comprehensive program to establish community separators. The in-lieu fee or other conservation mechanism shall recognize the importance of land value and shall require equivalent mitigation.
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 • AG-1.7: The County shall promote the preservation of its agricultural economic base and open space resources through the implementation of resource management programs such as the Williamson Act, Rural Valley Lands Plan, Foothill Growth Management Plan or similar types of strategies and the identification of growth boundaries for all urban areas located in the County.
• AG-1.8: The County shall not approve applications for preserves or regular Williamson Act contracts on lands located within a UDB and/or HDB unless it is demonstrated that the restriction of such land will not detrimentally affect the growth of the community involved for the succeeding 10 years, that the property in question has special public values for open space, conservation, other comparable uses, or that the contract is consistent with the publicly desirable future use and control of the land in question. If proposed within a UDB of an incorporated city, the County shall give written notice to the affected city pursuant to Government Code §51233.
• AG-1.10: The County shall oppose extension of urban services, such as sewer lines, water lines, or other urban infrastructure, into areas designated for agriculture use unless necessary to resolve a public health situation. Where necessary to address a public health issue, services should be located in public rights-of-way in order to prevent interference with agricultural operations and to provide ease of access for operation and maintenance. Service capacity and length of lines should be designed to prevent the conversion of agricultural lands into urban/suburban uses. • AG-1.11: The County shall examine the feasibility of employing agricultural buffers between agricultural and non-agricultural uses, and along the edges of UDBs and HDBs.

Considering factors include the type of operation and chemicals used for spraying, building orientation, planting of trees for screening, location of existing and future rights-of-way (roads, railroads, canals, power lines, etc.), and unique site conditions. • LU-1.8: The County shall encourage and provide incentives for infill development to occur in communities and hamlets within or adjacent to existing development in order to maximize the use of land within existing urban areas, minimize the conversion of existing agricultural land, and minimize environmental concerns associated with new development.
• LU-2.1: The County shall maintain agriculturally-designated areas for agriculture use by directing urban development away from valuable agricultural lands to cities, unincorporated communities, hamlets, and planned community areas where public facilities and infrastructure are available.
• PF-1.2: The County shall ensure that urban development only takes place in the following areas:
o Within incorporated cities and CACUDBs
o Within the UDBs of adjacent cities in other counties, unincorporated communities, planned community areas, and HDBs of hamlets
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 o Within foothill development corridors as determined by procedures set forth in Foothill Growth Management Plan
o Within areas set aside for urban use in the Mountain Framework Plan and the mountain sub-area plans; and
o Within other areas suited for non-agricultural development, as determined by the procedures set forth in the Rural Valley Lands Plan.
• PF-1.3: The County shall encourage those types of urban land uses that benefit from urban services to develop within UDBs and HDBs. Permanent uses which do not benefit from urban services shall be discouraged within these areas. This shall not apply to agricultural or agricultural support uses, including the cultivation of land or other uses accessory to the cultivation of land provided that such accessory uses are time-limited through Special Use Permit procedures.
• PF-1.4: The County shall encourage urban development to locate in existing UDBs and HDBs where infrastructure is available or may be established in conjunction with development. The County shall ensure that development does not occur unless adequate infrastructure is available, that sufficient water supplies are available or can be made available, and that there are adequate provisions for long term management and maintenance of infrastructure and identified water supplies. 810
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Figure 3-3: Important Farmlands Map
Elliott Subdivision
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Discussion
a) Would the Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? Less Than Significant Impact: The Project Site is currently occupied by agricultural land with field crops. Implementation of the proposed Project would result in the permanent conversion of approximately 57.82 acres of Prime Farmland to non-agricultural uses.

The loss of Prime Farmland on the Project Site would result in the decrease of Important Farmland inventory in Visalia Planning Area. Visalia Planning Area currently has an Important Farmland inventory of 43,155 acres, 33,991 acres of which were categorized as Prime Farmland. Implementation of the Project would convert 57.82 acres of Prime Farmland, which would result in a 0.13 percent decrease in the total Important Farmland inventory of Visalia Planning Area and a 0.17 percent decrease in the Prime Farmland inventory.

As shown in Table 3-1, the Visalia 2030 General Plan (at full buildout) plans to develop 14,265 total acres of Important Farmland, of which 12,490 acres are Prime Farmland. Most of the growth is planned to be adjacent to urbanized areas, which is much less disruptive to other agricultural uses countywide because it discourages the development of new rural neighborhoods or communities that would require the extension of infrastructure that would create growth-inducing impacts and potentially greater impacts to agricultural resources.

FMMP Designation
Existing
Planning Area
Total (Acres)
Planning Area Total
at General Plan
Buildout (Acres)
Change
Prime Farmland 33,991 21,501 -12,490 (-37%)
Farmland of Statewide
Importance 7,353 6,954 -399 (-5%)
Unique Farmland 181 137 -44 (-24%)
Farmland of Local Importance 1,630 298 -1,333 (-82%)
Important Farmland Total 43,155 28,890 -14,265 (-33%)
Table 3-1: Important Farmland Developed Under 2030 General Plan. Source: Visalia Planning Area General Plan EIR
Although the proposed Site is located on Prime Farmland, the development is in accordance with the 2030 General Plan. The Site is within the Tier 2 Development Boundary and is designated as Low Density Residential by the General Plan. The Project will follow all existing and proposed 2030 General Plan policies to reduce potential impacts. 812
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 However, following Visalia Municipal Code Chapter 18.04: Agricultural Land Preservation Program, the Project will be required to preserve 43.11 acres of Prime Farmland or Farmland of Statewide Importance. This is detailed in the Agricultural Mitigation Memo (Appendix E).

The developer will acquire a minimum of 47.35 acres of Prime Farmland or Farmland of Statewide Importance. This land will be located in the southern San Joaquin Valley, but outside of Visalia’s Sphere of Influence. This farmland will be preserved for long-term agricultural uses. There is a less than significant impact. b) Would the Project conflict with existing zoning for agricultural use, or a Williamson Act Contract?
Less Than Significant Impact: The Site is currently zoned for agriculture by Tulare County.

However, it is within the Visalia Planning Area, Tier 2 Development Boundary and will be annexed by the City. It currently has a General Plan designation of Low Density Residential that would suit the proposed Project. The Project Site is not under a Williamson Act Contract.

There is a less than significant impact.
c) Would the Project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned timberland Production (as defined by Government Code section 51104(g)?
No Impact: The Project Site is not zoned for forest or timberland production. Therefore, no impacts would occur.
d) Would the Project result in the loss of forestland or conversion of forest land to non-forest use?
No Impact: No conversion of forestland, as defined under Public Resource Code or General Code, will occur as a result of the Project and there would be no impacts. e) Would the Project involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forestland to non-forest use?
Less Than Significant Impact: As discussed above, new development including the Project Site would be focused in and around existing communities. This would prevent new infrastructure from interfering with surrounding farmland. The Project does not include any features which could result in the conversion of forestland to non-forest use. There is a less than significant impact.
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 III. AIR QUALITY
Where available, the significance
criteria established by the applicable
air quality management district or air
pollution control district may be relied
upon to make the following
determinations. Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less than
Significant
Impact
No
Impact
a) Conflict with or obstruct
implementation of the applicable air
quality plan?
   
b) Result in a cumulatively
considerable net increase of any criteria
pollutant for which the Project region is
non-attainment under an applicable
federal or state ambient air quality
standard?
   
c) Expose sensitive receptors to
substantial pollutant concentrations?    
d) Result in other emissions (such as
those leading to odors) adversely
affecting a substantial number of
people?
   
Environmental Setting
Air pollution is directly related to regional topography. Topographic features can either stimulate the movement of air or restrict air movement. California is divided into regional air basins based on topographic air drainage features. The proposed Project Site is within the San Joaquin Valley Air Basin, which is bordered by the Sierra Nevada Mountains to the East, Coastal Ranges to the West, and the Tehachapi Mountains to the South.

The mountain ranges surrounding the San Joaquin Valley Air Basin (SJVAB) serve to restrict air movement and prevent the dispersal of pollution. As a result, the SJVAB is highly susceptible to pollution accumulation over time. As shown in Table 3-2, the SJVAB is in nonattainment for several pollutant standards. The primary pollutants of concern in the San Joaquin Valley are ozone (O3) and PM10. Table 3-3 displays Ambient Air Quality Standards for California and Nationally.
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DRAFT Initial Study/Mitigated Negative Declaration June 2024 Pollutant Designation/Classification
Federal Standards State Standards
Ozone – One hour No Federal Standardf Nonattainment/Severe Ozone – Eight hour Nonattainment/Extremee Nonattainment PM 10 Attainmentc Nonattainment
PM 2.5 Nonattainmentd Nonattainment
Carbon Monoxide Attainment/Unclassified Attainment/Unclassified Nitrogen Dioxide Attainment/Unclassified Attainment
Sulfur Dioxide Attainment/Unclassified Attainment
Lead (Particulate) No
Designation/Classification Attainment
Hydrogen Sulfide No Federal Standard Unclassified
Sulfates No Federal Standard Attainment
Visibility Reducing Particles No Federal Standard Unclassified Vinyl Chloride No Federal Standard Attainment
a See 40 CFR Part 81
b See CCR Title 17 Sections 60200-60210
c On September 25, 2008, EPA redesignated the San Joaquin Valley to attainment for the PM10 National Ambient Air Quality Standard (NAAQS) and approved the PM10 Maintenance Plan.
d The Valley is designated nonattainment for the 1997 PM2.5 NAAQS. EPA designated the Valley as nonattainment for the 2006 PM2.5 NAAQS on November 13, 2009 (effective December 14, 2009).
e Though the Valley was initially classified as serious nonattainment for the 1997 8-hour ozone standard, EPA approved Valley reclassification to extreme nonattainment in the Federal Register on May 5, 2010 (effective June 4, 2010). f Effective June 15, 2005, the U.S. Environmental Protection Agency (EPA) revoked the federal 1-hour ozone standard, including associated designations and classifications. EPA had previously classified the SJVAB as extreme nonattainment for this standard. EPA approved the 2004 Extreme Ozone Attainment Demonstration Plan on March 8, 2010 (effective April 7, 2010). Many applicable requirements for extreme 1-hour ozone nonattainment areas continue to apply to the SJVAB.

Visalia City CouncilSeptember 16, 2024

Visalia City Council
September 16, 2024