Agenda packet — Visalia City Council, September 16, 2024 (part 1 of 7)

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Liz Wynn
Monday, September 16, 2024 7:00 PM City Council Chambers

ROLL CALL
CALL TO ORDER WORK SESSION - 5:30 PM (Unless otherwise noted)

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council and items listed on the Closed Session agenda. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS (as described)

1. Nonprofit Grant Program Recommendations Modifications.

Report by the Citizens Advisory Committee on the Nonprofit Grant Program and recommendations for modifications to the program for the 2025 Grant Program Year.
24-0344
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

SPECIAL PRESENTATION / RECOGNITION

1. Recognition of Mateo Flores and Nicholas Flores for their heroic bravery.
24-0353

PUBLIC COMMENTS

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1 Visalia City Council Meeting Agenda - Final September 16, 2024 This is the time for people to comment on matters within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

This is the opportunity to address the Council on any matter of interest, whether on the agenda or not, other than the Consent Calendar.

People may comment one time during the evening for up to three minutes unless additional time is authorized by the Council. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

ITEMS OF INTEREST

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made by a City Council Member and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion

1. Authorization to read ordinances by title only. 24-0255

2. Record Notice of Completion - Request authorization to file a notice of completion for River Island Ranch Phase 1 subdivision located east of Dinuba Blvd and north of Shannon Pkwy containing 153 single-family residential lots.
24-0298

3. Record Notice of Completion - Request authorization to file a notice of completion for the River Island Ranch Phase 2 subdivision located east of Dinuba Blvd and north of Shannon Pkwy containing 86 single-family residential lots.
24-0299

4. RFB Award & Appropriation of Funds: Authorize the City Manager to award the construction contract with Avison
Construction for the Inc. for RFB 23-24-19, Shirk Capacity Enhancement Project from School Ave to Riggin Ave in the amount of $16,444,225.00 and authorize additional appropriations of funds. 24-0348

5. FY23-24 Cape Seal Notice of Completion - Authorize the City Manager to file a Notice of Completion for the construction of the FY 23-24 Cape Seal Project.
24-0349

6. Retaining Wall Repair - Authorize the City Manager to award a contract for the Blain Park retaining wall replacement project to Anchor 41 Construction of Hanford for an amount not to exceed of $141,299.00 and appropriate an additional $42,000.00 from the General Fund.
24-0351

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2 Visalia City Council Meeting Agenda - Final September 16, 2024

7. HPAC Annual Report - Review and accept the 2023/2024 Annual Report from the City of Visalia Historic Preservation Advisory Committee.
24-0357

8. Approval of Agricultural Conservation Easement Form - A request by Great Valley Land Trust to have their agricultural conservation easement form and content approved as required per the City's adopted Agricultural Preservation Ordinance. 24-0363

9. 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).
24-0364

10. 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.
24-0365

11. 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. 24-0366

12. Award Contract With Jaxon Enterprises for Asphalt - Authorize the City Manager to award a one-year 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.
24-0369

13. 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.
24-0379

14. 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.
24-0380

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3 Visalia City Council Meeting Agenda - Final September 16, 2024

15. 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.
24-0382

16. 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.
24-0251

17. 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)
24-0347

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. 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.
24-0318

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4 Visalia City Council Meeting Agenda - Final September 16, 2024

2. 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.
24-0355

3. Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission’s approval of a request by the City of Visalia, pursuant to Municipal Code Section

17.38.040, to revoke Conditional Use Permit No. 2019-27, which allowed the operation of a massage therapy business at 500 South Santa Fe Street, located in the O-C (Office Conversion) zone (APN: 097-121-023).
24-0356

4. Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission’s denial of Conditional Use Permit No. 2024-29, which was a request to amend the hours of operational for the Jack in the Box drive-thru facility to 24-hours located at 1145 South Lovers Lane, in the C-N (Neighborhood Commercial) zone (APN: 100-120-051).
24-0374

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5 Visalia City Council Meeting Agenda - Final September 16, 2024

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. Upcoming City Council Meetings
Monday, October 07, 2024 @ 7:00 p.m. at 707 W. Acequia, Visalia, CA 93291
Monday, October 21, 2024 @ 7:00 p.m. at 707 W. Acequia, Visalia, CA 93291
Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.

Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
24-0219

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6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0344 Agenda Date: 9/16/2024 Agenda #: 1.

Agenda Item Wording:

Nonprofit Grant Program Recommendations Modifications. Report by the Citizens Advisory Committee on the Nonprofit Grant Program and recommendations for modifications to the program for the 2025 Grant Program Year.

Deadline for Action: 9/16/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Alana Johnson, CAC Non-Profit Grant Subcommittee Chair; Ruth Pena, Financial Analyst, 559-713-4327, [email protected] Department Recommendation:

That the City Council receive the report by the Citizens Advisory Committee (CAC) on the Nonprofit Grant Program and recommendations for modifications to the program for the 2025 Grant Program Year and provide direction to the CAC.

Background Discussion:

The Council previously directed the Citizens Advisory Committee to administer the nonprofit grant process and make recommendations. The City awards annual youth grants aimed at supporting Visalia's youth through nonprofit led programs. Nonprofit organizations submit applications that are first reviewed by a Citizens Advisory Committee subcommittee. The subcommittee then makes recommendations to the CAC as a whole, which are then taken to the City Council for approval.

The applicants and their programs are quite varied in number of youth served, types of programs, and ages targeted. One of the main areas of focus for the subcommittee was the potential impact each program has, which can be measured in a number of different ways. A cost-effective program allows more youth to be served, but not all impacts are created equal, particularly when making a quantity versus quality argument. Some programs provided for one-on-one mentorship, or similar situations where positive relationships are being forged that one could imagine has the ability to not only support a Visalia youth, but also has the potential to influence a family and strengthen a community. The subcommittee also looked at whether similar services or opportunities exist elsewhere in Visalia. Additionally, the subcommittee also gave particular attention to new or “seed” programs in an effort to encourage new youth programs in Visalia.

Proposed Change:

Currently, the CAC is recommending adding the following question to the application (Attachment 1 - page 5):

11. Will the program have sufficient resources to operate if the desired grant amount is only partially funded? How would a partially funded award affect your program outcomes? Visalia City Council Page 1 of 2 Printed on 9/13/2024
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File #: 24-0344 Agenda Date: 9/16/2024 Agenda #: 1.

Other Items Discussed:

In the future, the CAC would like to return to a fiscal program year (July through June), rather than the current calendar year. This would coincide with the school year and may help programs be more successful, as suggested by a member of the public at the Council meeting held on December 18, 2023.

The members also discussed traveling sports teams. At this time, the CAC is not recommending specifically eliminating these types of organizations on the application; however, applications will be reviewed and weighted on the basis of the population of youth that is the target of the grant.

The CAC is requesting feedback from the City Council on the administration of the Nonprofit Grant Program. If the proposed question is approved, the grant application will be released at the beginning of October. Workshops will be held in October and the application process will close in November.

Prior Awards and Revisions to Application:

In 2024, the City awarded 11 grants, totaling $65,000. Attachment 2 shows the grant award history from 2013 through 2024. The last major revision to the funding process was approved at the June 3, 2019 Council meeting. Several changes to the grant process and application were made at that time (Attachment 3).

Fiscal Impact:

The annual budget for this grant program was increased by $10,000 in the 2024/25 & 25/26 Budget.

This increase brings the total annual budget to $75,000.

Prior Council Action: Approval of the current grant funding application process was on June 3, 2019.

Other: N/A
Alternatives: Council has the discretion to make alternative changes to the program.

Recommended Motion (and Alternative Motions if expected):

I move to approve the recommended change to the grant application (with any revisions directed by Council).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1) Grant Award History 2013-2024; 2) Report and Recommendations to City Council - June 3, 2019; 3) Proposed 2025 Grant Application; 4) PowerPoint Presentation.

Visalia City Council Page 2 of 2 Printed on 9/13/2024
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CITY OF VISALIA

APPLICATION FOR

NON-PROFIT PROGRAM FUND
Program Year 2025
Administered by
City of Visalia Citizens Advisory Committee
Application Due Date: TBD
All applicants are encouraged to attend the voluntary
Grant Application Workshops:

TBD

9 1
Introduction to the Non-Profit Program Fund Application The City of Visalia recognizes both the importance of the community’s young residents and the role that non-profit agencies play in the lives of children. To help support the efforts of agencies working with young people, the City has established the Non-Profit Program Fund administered by the Citizens Advisory Committee. This Fund assists non-profit and local government agencies in providing programs and services aimed at improving the quality of life of youth living in or attending school within the City of Visalia.

Eligible activities are those that provide youth of Visalia with positive alternatives to juvenile violence, crime, gang involvement, teen pregnancy, drug and alcohol abuse, or other unhealthy behaviors. Requests for seed funding to start new programs or activities are encouraged. Awarded funds must be used to directly benefit youth who live in or attend school within the City of Visalia.

Grant Application Workshop: Workshop attendance is voluntary. No reservations are necessary. The workshop will be held in the City Council Chambers, 707 W. Acequia Ave., in Visalia.

Timeline: TBD
Funding & Grant Duration: The minimum grant amount to be awarded to an agency is $1,000; the maximum grant amount is $6,500. The funds must be expended during the program year of January 1, 2025 through December 31, 2025.

Only one application per agency will be considered. The requested funding must be tied to a specific program and serve specifically Visalia youth. Requests for general operating support are not eligible.

Eligible Entities: Qualified non-profit and government agencies are those with programs or services for people under the age of 18 living in the City of Visalia. The applicant agency must certify that (1) no funds received from the City of Visalia Non-Profit Program Fund will be used for any religious purpose and (2) the program supported will be available to any person regardless of religion, race, ethnicity, or sexual orientation. Local churches may apply for nonreligious activities only.

Reporting: Semi-annual progress reports will be required for all awarded grantees. The reports will be sent out in July 2025 and January 2026. Failure to submit these progress reports may jeopardize future funding requests. In addition, an agency’s failure to meet the Program Outcomes from previous grant awards may affect an agency’s funding requests.

Application Content & Format: The electronic application may be requested by contacting [email protected]. Agencies are encouraged to complete the application by inserting responses into the electronic format of this application. Incomplete applications will not be accepted or reviewed. The forms and tables in the application must be completed; substitutions and references to attached materials will not be accepted, except for those documents specifically required.
10 2
Delivery: Either an electronic file or a printed package may be submitted. Agencies may submit a complete and signed application package, save in a single PDF file, via email to [email protected]. Printed applications will be accepted at 707 W. Acequia Ave., Visalia.

Required Attachments: The following documents must be included in the application package:
 Non-profits must provide a copy of the agency’s 501(c)(3) determination letter from the IRS;  Current members of the agency’s Board of Directors, including names, titles, addresses and phone numbers.
 All applicants must provide one copy of the agency’s most recent year-end financial statement/audit;
 Resolution of the agency’s Board of Directors authorizing this grant application. The resolution must name the board’s designee authorized to sign the grant application on behalf of the agency.

Submit questions to Ruth Peña at [email protected] Submit either an electronic file or a printed application package no later than TBD
Late applications will not be reviewed.
11 3
Submit completed applications and required attachments to:

[email protected]
Deadline – TBD
Visalia Non-Profit Program Fund Application
Agency name:

Specific Program or Service for which funding is requested: ____________ Agency mailing address:

City: State: Zip Code:

Phone: E-Mail: ________
Contact name & title:

Certification: I am authorized to sign this grant application on behalf of _________________________(Grantee agency), as specified in the attached Board Resolution. __________________________(Grantee agency) acknowledges that among the conditions placed on the grant by the City of Visalia are the following: (1) no funds received from the City of Visalia Non-Profit Program Fund will be used for any religious purpose, and (2) the program supported will be available to any person regardless of religion, race, ethnicity, or sexual orientation, and __________________________(Grantee agency) agrees to comply with such conditions.

Name: ___________________________ Title: ________________________________ Signature: __________________________________ Date: ___________________

1. Amount requested in this application: $

2. The funding requested is for (select one):
a new program or activity to be started during program year 2025 an ongoing program or activity
scholarships

3. In 2-3 sentences, briefly describe the specific intended use of the Visalia Non-Profit Program Fund grant requested by the agency. Include age and number of Visalia youth to be served. 12 4

4. Provide at least one (1) planned outcome, the associated planned activities, and how you will measure success. If requesting funds for scholarships, provide the number and dollar amount/range of each scholarship. Outcomes must be specific to this application. Please note that these outcomes as well as the number of Visalia youth served through this grant must be tracked and reported semi-annually.

Program Outcome:

Activities How will activities be measured?
Complete additional tables if you have more than one planned outcome specific to this grant.

Program Outcome:

Activities How will activities be measured?
13 5

5. Please complete the following table to show previous and planned funding and number of youth served specific to the City of Visalia’s Non-Profit Program grant.

Past
performance
PY 2024*
Proposed
PY 2025**
Non-Profit Program Funding $ $
Number of Visalia Youth Served
*Enter “N/A” if your agency did not have a Non-Profit Program grant from the City of Visalia in PY 2024. **Proposed column must be completed by all applicants.

6. Provide your agency’s mission or purpose statement. Include how your proposed program relates to your agency’s mission or purpose.

7. Briefly describe your agency’s previous experience and success in providing youth services specifically for Visalia youth.

8. If your proposed program is designed to serve a specific population, please describe the population and how the proposed program addresses their unique needs (e.g., those involved in the juvenile justice system, gang involvement, teen pregnancy, individuals with disabilities, homeless youth, substance/alcohol abuse, or other population).

9. If requesting seed funding to start a new program or activity, please describe the need or gap you propose to address and how the proposed program will meet this need/gap.

10. Describe any agency financial or budgetary problems or debt within the last 5 years (including annual budget deficits).

11. Will the program have sufficient resources to operate if the desired grant amount is only partially funded? How would a partially funded award affect your program outcomes?

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Program Budget

PROGRAM INCOME/REVENUE
SOURCE
Projected Program
Funding for
2025
Status of program
funds committed
S = Secured
P = Pending
Visalia Non-Profit Program Funds
Donations
Fundraising Events
County Funding (include grant names)
State Funding (include grant names)
Private Foundations (include Foundation names)
Program Fees
Other:

Total Program Revenue:

PROGRAM EXPENSES
Amount to be
charged to this
grant
Amount to be
charged to other
sources
Salaries
Employee Benefits
Payroll Taxes
Mileage
Supplies
Printing and Copying
Office Expenses/Rent
Utilities
All Other Expenses related to the proposed program (list by category)

Total Program Expenses:
15 7

Board of Directors’ Authorization to Request Funds:

A resolution of the agency’s board of directors must be included on agency letterhead with the funding request. The resolution must be signed by an executive member of the governing body and include the following statements:
 The Board of Directors approves the request for funding from the City of Visalia’s NonProfit Program Fund in the amount of $ .  (Name & Title) is authorized to sign the grant
application on behalf of (Grantee agency).
 (Grantee agency) acknowledges that funds
received from the City of Visalia Non-Profit Program Fund will be used to directly benefit youth who live in or attend school within the City of Visalia.  ________________________________ (Grantee agency) acknowledges that among the conditions placed on the grant by the City of Visalia are the following: (1) no funds received from the City of Visalia Non-Profit Program Fund will be used for any religious purpose, and (2) the program supported will be available to any person regardless of religion, race, ethnicity, or sexual orientation, and ___________________________ (Grantee agency) agrees to comply with such conditions.

Name & title of executive member of
the governing body:

Signature of executive member of
the governing body:

16 Agency 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2020 2021 2022 2023 2024 Total
Awarded
Years
Awarded
Last 3
Years
ACT for Women and Girls 4,300 3,100 2,500 9,900 3 0
Adapted Athlete 6,500 6,500 1 1
American GI Forum 1,100 2,200 2,200 3,000 3,000 6,500 6,500 6,500 6,500 37,500 9 3 Arts Consortium 6,500 6,500 1 0
Arts Visalia 1,800 1,500 4,000 5,000 6,500 6,500 6,500 5,500 37,300 8 3 Assistance League Visalia 5,000 4,500 4,500 6,500 6,500 5,000 6,500 6,500 45,000 8 1 Bethlehem Center 4,000 3,000 6,500 6,500 20,000 4 1
Big Brothers Big Sisters of Central
California 1,100 1,400 2,500 2 0
Boys and Girls Clubs of the Sequoias 2,600 4,100 2,000 3,000 4,000 15,700 5 0 Care Pregnancy Resource Center 2,100 4,000 3,000 5,500 5,000 6,500 6,500 32,600 7 1 CASA of Tulare County 2,600 2,700 3,500 3,000 6,490 5,500 6,500 30,290 7 3 Champions Recovery Alternative
Programs 6,500 6,500 1 0
Changing Minds Foundation 6,500 6,500 1 1
Cultural Heritage Foundation 6,500 5,500 12,000 2 2
Christ Luthern Institute of Performing Arts 1,000 6,000 7,000 2 0 Civil Air Patrol 5,500 5,500 1 0
Deaf & Hard of Hearing Service Center 2,600 5,000 7,600 2 1 Downtown Rotary Foundation 2,000 2,000 1 0
Downtown Visalia Kiwanis 4,000 4,000 1 1
Enchanted Playhouse 2,000 3,000 1,400 2,000 8,400 4 0
Family Services of Tulare County 1,400 3,100 1,500 3,700 3,500 13,200 5 0 Food Link for Tulare County 1,800 7,900 5,500 15,200 3 0 Friends of Tulare County 1,800 4,000 5,000 6,500 5,000 22,300 5 1 Girl Scouts of Central California 4,500 6,000 10,500 2 0 Golden State YMCA 5,900 5,900 1 0
Happy Trails 2,800 4,300 3,000 1,100 2,500 2,500 2,500 18,700 7 3 Highland School 1,800 1,800 1 0
Hope Horizon Mental Health 6,500 6,500 1 1
JEMA Foundation 6,500 6,500 1 1
Imagine U Children's Museum 3,500 4,100 2,500 3,000 6,000 2,000 6,500 27,600 7 2 International Agri-Center 4,000 1,000 5,000 2 0

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17 Agency 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2020 2021 2022 2023 2024 Total
Awarded
Years
Awarded
Last 3
Years
Nehemiah Project 6,500 6,500 1 0
Neighborhood Church 5,100 2,000 2,000 6,500 6,010 6,000 6,500 34,110 7 3 Parenting Network, Inc. 1,200 2,500 2,000 2,000 7,700 4 0 Pro-Youth 4,300 4,300 1 0
Quaker Oaks Farm 6,000 6,000 1 0
Read for Life 2,100 2,000 3,500 6,500 6,500 20,600 5 0
Self-Help Enterprises 4,500 4,500 1 0
Sequoia Council,Boy Scouts of America 2,400 3,000 5,000 10,400 3 0 Sequoia Riverslands Trust 2,300 2,000 3,000 7,300 3 0
Sequoia Symphony Orchestra 5,000 5,000 1 0
Solution, Inc. 2,500 2,500 1 1
Soroptimist International 4,000 4,000 1 0
South Valley Water Polo Club 6,500 6,500 1 1
Tulare County League of Mexican
American Women 1,000 1,000 1 0
Tulare County Symphony Association 1,700 2,100 2,000 5,800 3 0 Tulare County Symphony League 1,000 1,200 2,800 1,900 5,000 11,900 5 0 Turning Point of Central California 3,300 3,600 3,600 4,500 6,500 21,500 5 0 University Prepatory High School 6,500 6,500 6,500 19,500 3 2 Urbanists, Urban Art Collective 2,500 2,500 1 0
Valley Community Outreach (NAZ Sports) 1,200 1,200 2,500 6,000 10,900 4 0 Valley Life Charter School 1,000 1,000 1 0
Visalia Downtown Kiwanis 2,400 3,400 5,800 2 0
Visalia Emergency Aid 3,000 3,000 1 0
Visalia Friends of the Fox 3,000 3,000 1 0
Visalia Friendship House 1,000 2,500 3,500 2 0
Visalia Parks & Recreation Foundation 1,200 3,000 6,500 10,700 3 0 Visalia Police Activites League 4,500 5,100 5,500 6,500 6,500 6,500 4,000 6,500 45,100 8 2 Visalia Youth Softball Association 2,000 2,000 1 0
YoungLives of Tulare County 1,400 2,500 6,000 2,000 11,900 4 0 TOTALS $65,000 $65,000 $65,000 $65,000 $65,000 $65,000 $65,000 $65,000 $65,000 $65,000 $65,000 $715,000 Number of Agencies 28 21 23 19 17 15 12 10 12 12 11
Average Award per Agency $2,321 $3,095 $2,826 $3,421 $3,824 $4,333 $5,417 $6,500 $5,417 $5,417 $5,909

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20 21
22 CITY OF

VISALIA
Non-Profit Grant Program
City Council Work Session
September 16, 2024
23 NON-PROFIT GRANT PROGRAM
• Administered by Citizens Advisory Committee
• CAC recommends recipients and funding amounts
• City Council approves recommendations or makes changes • FY 2024/25 Council authorized $75,000 for youth grants 24 GRANT PROCESS
• Grant is advertised via City newsletter, social media, City website; • 2 workshops held to answer questions & review application; • Applications due 30 days after the last workshop;
• CAC Grant Subcommittee reviews applications;
• CAC Subcommittee makes recommendations to CAC & City Council for funding;
• City Council reviews & approves recommendations;
• Grants are awarded;
• Recipients required to submit a semi-annual and final Report on expenditures.
25 PROGRAM CRITERIA
• Funds are to be used for programs and activities, not general operations.
• Agencies may apply each year, contingent upon Council continuing the program.
• Funds must benefit youth (under 18) who live in Visalia or attend Visalia schools.
• Each awarded grant ranges from $1,000 to $6,500.
26 GRANT APPLICATION
Application sections include:
• General information, program outcomes, agency questions, and program budget.

Applications must include the required attachments:
• 501 (c)(3) determination letter from IRS
• Current Board of Directors
• Most recent year-end financial statement/audit
• Resolution authorizing the grant application.

Only compete applications received by the due date will be reviewed. 27 APPLICATION REVIEW PROCESS
• Eligible activities are those that provide youth of Visalia with positive alternatives to:
• Juvenile violence, crime and gang involvement
• Teen pregnancy
• Drug and alcohol abuse and other unhealthy behaviors
• Consideration given to new or “seed” programs to encourage new youth programs in Visalia.
• Main focus is on the potential impact of the program. 28 FY 24/05 GRANT TIMELINE
• October: Grant application will be released and 2 workshops will be held. • November: Application process closes.
• December: Subcommittee will review applications.
• January: Subcommittee makes recommendations to CAC & City Council. • January/February: Grants are awarded and funds disbursed. 29 PROPOSED APPLICATION CHANGES
CAC is recommending to add an additional question to the application:
• New Question - Will the program have sufficient resources to operate if the desired grant amount is only partially funded? How would a partially funded award affect your program outcomes?
Other changes to consider, but not recommended by CAC for this grant year:
• Change of program year from calendar year to fiscal year. • Limiting or excluding traveling sports team applications. 30 DISCUSSION
• CAC is requesting feedback/recommended changes from the City Council on the Nonprofit Grant Program.
31 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0353 Agenda Date: 9/16/2024 Agenda #: 1.

Agenda Item Wording:

Recognition of Mateo Flores and Nicholas Flores for their heroic bravery.

Visalia City Council Page 1 of 1 Printed on 9/13/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0255 Agenda Date: 9/16/2024 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Page 1 of 1 Printed on 9/13/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0298 Agenda Date: 9/16/2024 Agenda #: 2.

Agenda Item Wording:

Record Notice of Completion - Request authorization to file a notice of completion for River Island Ranch Phase 1 subdivision located east of Dinuba Blvd and north of Shannon Pkwy containing 153 single-family residential lots.

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

Luqman Ragabi, Assistant Engineer, [email protected] <mailto:[email protected]> , (599) 713-4362
Jason Huckleberry, 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 River Island Ranch Phase 1 subdivision.

Background Discussion:

All of the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer. River Island Ranch Phase 1 subdivision was developed by Lennar Homes of California and contains 153 single family residential lots.

The developer has submitted a maintenance bond in the amount of $571,870.01 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.

City Council authorized the recording of the final map for River Island Ranch Phase 1 subdivision on December 3rd, 2019. 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.

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File #: 24-0298 Agenda Date: 9/16/2024 Agenda #: 2.

Prior Council Action: On December 3rd, 2019, the City Council authorized the recordation of the final map for River Island Ranch Phase 1 subdivision.

Other: The Tentative subdivision map for River Island Ranch (Map No. 5569) was approved by the Planning Commission on October 8th, 2018. L&LD 19-08 was reviewed and approved as to form by the Landscape and Lighting Committee in November 2019.

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

I move to authorize the filing of a Notice of Completion for the River Island Ranch Phase 1 subdivision.

Environmental Assessment Status: Complete
CEQA Review: Negative declaration No. 2018-036 adopted October 8th, 2018 - Environmental impacts are determined to be not significant.

Attachments:

Aerial Map
Final Map
Development Disclosure
Visalia City Council Page 2 of 2 Printed on 9/13/2024
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52 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0299 Agenda Date: 9/16/2024 Agenda #: 3.

Agenda Item Wording:

Record Notice of Completion - Request authorization to file a notice of completion for the River Island Ranch Phase 2 subdivision located east of Dinuba Blvd and north of Shannon Pkwy containing 86 single-family residential lots.

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

Staff recommends that City Council authorize the filing of a Notice of Completion for the River Island Ranch Phase 2 subdivision.

Background Discussion:

All of the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer. River Island Ranch Phase 2 subdivision was developed by Lennar Homes of California, and contains 86 single family residential lots.

The developer has submitted a maintenance bond in the amount of $205,452.49 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.

City Council authorized the recording of the final map for River Island Ranch Phase 2 subdivision on December 20, 2021. 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:

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File #: 24-0299 Agenda Date: 9/16/2024 Agenda #: 3.

Prior Council Action: On December 20, 2021, the City Council authorized the recordation of the final map for the River Island Ranch Phase 2 subdivision.

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

I move to authorize the filing of Notice of Completion for the River Island Ranch Phase 2 subdivision.

Environmental Assessment Status: Complete
CEQA Review: Negative declaration No. 2018-036 adopted October 8th, 2018 - Environmental impacts are determined to be not significant.

Attachments:

Aerial Map
Final Map
Development Disclosure
Visalia City Council Page 2 of 2 Printed on 9/13/2024
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OWNER'STATEMENT

THEUNDERSIGNEDHEREBYCERTIFYTHATTHEYARETHEONLYPERSONSHAVINGANY

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ST JOHN'S RIVER
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LOCATION MAP N DINUBA BLVD
Subject Property
O
City Limit
RD 124

N COURT ST

N SANTA FE ST

E RIGGIN AVE

E SHANNON PKWY

E FERGUSON AVE

E GLENDALE AVE
58 59
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0348 Agenda Date: 9/16/2024 Agenda #: 4.

Agenda Item Wording:

RFB Award & Appropriation of Funds: Authorize the City Manager to award the construction contract with Avison Construction for the Inc. for RFB 23-24-19, Shirk Capacity Enhancement Project from School Ave to Riggin Ave in the amount of $16,444,225.00 and authorize additional appropriations of funds.

Deadline for Action: 9/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], 713-4495
Department Recommendation:

Staff recommends that the City Council:

1. Authorize the City Manager to award a contract with Avison Construction Inc. for RFB 23-24-19 for the Shirk Capacity Enhancement Project from School Ave to Riggin Ave 3010- 72000/CP0369-999) in the amount of $16,444,225.00; and

2. Authorize an additional appropriation of $4,241,000 from the Measure R Local Fund (131) and an additional $4,801,000 from the Wastewater Trunkline Fund (231).

Background Discussion:

The Circulation Element of the 2030 City of Visalia General Plan, adopted October 14, 2014 identifies Shirk Street as a widening project from State Route 198 to Riggin Avenue. Shirk Street is to be widened from 2 to 4 lanes with center medians and become an arterial status roadway. During the development of the 2018/19 and 2019/20 City of Visalia Budget, the City of Visalia City Council and staff identified the need to start implementing the widening of this segment of Shirk Street as soon as possible. Development in the areas surrounding this corridor has increased significantly over the past five years, resulting in significant congestion along the segment and increased demand for vehicular access to the SR 198 interchange.

As directed by City Council during the budget review and adoption process, city staff commenced the preliminary engineering required to widen the Shirk Street segment from 2 lanes to 4 lanes. Initial transportation planning and preliminary engineering shows that there is insufficient right of way and budget available to fully implement the ultimate arterial street design of 110 foot right of way with medians throughout the entire corridor as required by the Circulation Element; however there is Visalia City Council Page 1 of 5 Printed on 9/13/2024
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File #: 24-0348 Agenda Date: 9/16/2024 Agenda #: 4.
medians throughout the entire corridor as required by the Circulation Element; however there is sufficient right of way width available, via right of way acquisitions along the easterly half of Shirk, to reasonably, and economically implement an operational improvement widening of Shirk Street by delaying the median construction and still provide for 4 lanes of traffic.

As directed by the City Council through the budget process, an operational improvement widening will be implemented as soon as possible, and the full, ultimate arterial street design requirements will be implemented as a subsequent phase, as further development occurs, and the needed right of way is dedicated to the City. City staff estimates that the Shirk corridor capacity enhancement project will operate at a reasonable level of service for a minimum of 10 years after this first phase is implemented.

The Shirk Capacity Enhancement project spans from School Ave to Riggin Ave and consists of widening the east side of Shirk St at various locations to accommodate four lanes of travel with a center two-way left turn lane, buffered Class II bike lanes and the installation of approximately 8,200 lineal feet of 48” diameter sewer main and associated infrastructure in the existing street. The project will modify existing traffic signals to accommodate the new street configuration as well as install a new traffic signal at Doe Ave and Shirk St.

Traffic Impacts
The project construction documents require the contractor to maintain a single lane of travel in both the north and southbound direction along Shirk Street throughout construction. A construction management firm will be hired by the City to manage public outreach and to work with the contractor to minimize traffic impacts during construction and ensure the safety of the motoring public.

If during construction, it is determined that a closure is necessary, appropriate public notification will be coordinated with the contractor and the construction management firm to efficiently notify the public and establish traffic detours accordingly.

Bidding Process:

Staff advertised RFB 23-24-19 for the Shirk Capacity Enhancement Project beginning July 2, 2024 and the RFB closed Tuesday, August 13th, 2024. The project was split with the “Base Bid (A)” encompassing the plan delineated street improvements and a “Base Bid (B)” relating to the sewer mainline installation. This project received the following three (3) bids:

Base Bid(A) +
Base Bid(B)
Contractor Location Bid Amount
1 Avison Construction Inc. Madera, CA $16,444,225.00
2 Cal Valley ConstructionFresno, CA $16,766,605.50
3 Yarbs Grading and Paving
Inc.

Fowler, CA $17,342,539.50
City Staff proceeded to review all three (3) bids submitted and found the 2nd lowest bidder “Cal Valley Construction” submitted a bid with tabulation errors. Cal Valley’s bid cost was tabulated to be $944,470.66 lower than their proposed amount. This resulted in Cal Valley construction having the Visalia City Council Page 2 of 5 Printed on 9/13/2024
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File #: 24-0348 Agenda Date: 9/16/2024 Agenda #: 4.
$944,470.66 lower than their proposed amount. This resulted in Cal Valley construction having the lowest bid by tabulation. Staff reached out to Cal Valley to determine if this tabulated price is accurate. Cal Valley stated an error was made and withdrew their bid.

Avison Construction’s bid proposal was determined to be the lowest responsive bid and as part of the review process; the references provided by Avison Construction Inc. have been verified. The references provided included City of Fresno, City of Clovis, Kerman Unified School District, and City of Dinuba. These references were called by City staff with favorable responses from all jurisdictions.

As a result, Staff recommends that the construction contract be awarded to Avison Construction Inc.

Tentative Project Schedule
Construction Contract Execution - Fall 2024
Sewer Construction - January - May 2025
Roadway Widening - June - September 2025
Project Substantially Completed - October 2025
Fiscal Impact:

Shirk Capacity Enhancement Project is a multi-funded project with funds budgeted from the Gas Tax Fund (111), Wastewater Trunkline Fund (231) and funds budgeted from the Measure R Local Fund (131). See the project funding breakdown below.

The project budget was initially estimated in 2021 at approximately $12.5M with a 60% plan set.

Since that time, the project construction documents were finalized, and the final construction estimate was completed in July 2024 showing an estimated cost of $17.8M. The final construction bids received fell within the most current engineers’ cost estimate (Average $16.5M). The primary reason for the increase stemmed from a linear foot cost increase of the 48” sewer pipe adding $1M to the original estimate, an increased cost for the railroad crossing operations adding $900K to the original estimate and general construction cost increases over the past 3 years.

Shirk St Capacity Enhancement Project - CIP0369
Project Budget
Gas Tax (fund 111) $2,430,699.20
Measure R Local (Fund 131) $1,900,000.00
Wastewater Trunkline (Fund 231) $8,493,721.69
Total Project Funding $12,824,420.89
Estimated Project Costs:

Project Management $350,000.00
Design Services $810,000.00
Acquisition Cost (ROW) $396,299.24
Misc Administration Fees (RR permit) $3,000.00
Utility Relocation SCE (distribution pole relocation)$150,000.00 Cal Water Relocation $35,000.00
Railroad Coordination $50,000.00
Construction Sewer Installation Base Bid (B) $9,998,000.00 Construction Street Construction Base Bid (A) $6,446,225.00 Construction Contingency (~10% of Construction) $1,644,422.50 Construction Management $750,000.00
Construction Services (Material Testing, Inspection, Survey) $1,233,316.88 Total Estimated Project Costs: $21,866,263.62
Surplus (Deficit) (10% contingency) ($9,041,843)
Total Appropriation of Funds $9,042,000
Measure R Local (131) $4,241,000
Wastewater Trunkline (231) $4,801,000
Due to the above-identified budget deficit, staff recommends an additional appropriation from the Measure R Local fund in the amount of $4,241,000 and from the Wastewater Trunkline fund in the amount of $4,801,000 for the completion of this project. The Measure R Local fund has enough cash to fund the additional appropriation. The amount being requested from the Wastewater Trunkline represents the proportional amount of funds needed to fund the installation of the sewer main. The Wastewater Trunkline Fund will need a cash advance from the General Fund in the amount of $3.5 million during the project construction phase. Future Projects will be reprioritized during the next two year budget (FY 26/27 - 27/28).

Prior Council Action:

October 16, 2023
Authorized the City Manager to approve Amendment No. 2 with Quad Knopf Consultants for additional professional design services in the amount not to exceed $139,635.

September 20, 2021
Public hearing to consider and adopt a Resolution of Necessity to acquire portions from three separate properties APN 077-780-003; 077-640-001 and 077-650-001 generally located along Shirk Street between Riggin Avenue and Goshen Avenue for the purpose of widen Shirk Street.

August 3, 2020
Adoption of Resolution No. 2020-42 authorized the acceptance of portions of an “Irrevocable Offer of Dedication” for street right-of-way on the east side Shirk Street just north of Ferguson Avenue and between Doe Avenue and Goshen Avenue. In addition, adopted resolution No. 2020-43 designating a portion of City owned property located at APN 077-710-077 which is property located along the east side of Shirk Street just south of Ferguson Avenue, as part of the public City Street System.

October 21, 2019
Authorized the City Manager to enter into a contract with Quad Knopf, Inc. for RFP 19-20-08 to prepare Plans, Specifications, and Estimates for the Shirk Capacity Enhancement and Sewer Visalia City Council Page 4 of 5 Printed on 9/13/2024
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File #: 24-0348 Agenda Date: 9/16/2024 Agenda #: 4.

Trunkline Project in the amount not to exceed $533,746.

Recommended Motion (and Alternative Motions if expected):

I move to Authorize

1. The City Manager to enter into a contract with Avison Construction Inc. for RFB 23-24-19 Shirk Capacity Enhancement Project (3010-72000/CP0369-999), in the amount of $16,444,225.00, and;

2. Appropriate $4,241,000 from Measure R Local (fund 131) and $4,801,000 from Wastewater Trunkline (fund 231).

Environmental Assessment Status:

CEQA Exempt
Attachments:

1. Avison Construction Inc. Ownership Disclosure Form

2. Project Location Map
Visalia City Council Page 5 of 5 Printed on 9/13/2024
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65 N
Shirk St
W Goshen Ave
W Doe Ave
Rd 88
Ave 312
N Roeben St
W Riggin Ave
W Hurley Ave
N
Tom
my St
W Sunnyview Ave W Ferguson Ave
W School Ave
W Wren Ave
W Logan Ave
W Perez Ave
W Sweet Dr
N
C al ncy St
W Robin Ave
N
Preston St
W Oriole Ave
N El Ca oj n St
W Grove Ave
W Prospect Dr
W Damsen Ave
N Bo si e St
W Babcock Ave
N
Marc ni St
N
Denton St
N
Roeben Dr
W Pershing Ct
N
C al ncy Ct
W Elowin Dr
W Clinton Ave
W Harold Ave
Private St
W Elowin Ave
W Whitley Ave
W Pershing Ave
W Modoc Ave
W Prospect Ave
W Clinton Ct
Rd 92
W Vine Ct W Vine Ave
N
Mae Carden St
W Ceres Ave
W Oak Ave
W Buena Vista Ave
W Lark Ct
N
Stokes Ct
W Allen Ct
N Lindsay Ct
W Thompson Ave
N
Cottonwood St
W Stewart Ave
N
Denton Ct
N
Ve mr ont St
W Crowley Ave
W School Ct
N Branson Ct
W Delaware Ct
N
Mae Carden Ct
N
Cottonwood Ct
W Oriole Ct
W Robinwood Ave
N Peppertree Ct
N
Quincy Ct
W Modoc Ct
W Buena Vista Ct
N
Tom
my Ct
N
Oak Grove St
N
Tom
my St
W Vine Ct
W Riggin Ave
N
Cottonwood St
N
Preston St
W Damsen Ave
N
Marc ni St
W Pershing Ave
W Perez Ave
W Lark Ct
W Oriole Ave
W Modoc Ave
N
Stokes Ct

MILL CREEK
DITCH (p)

MILL CREEK MILL CREEK
±
1 inch = 1,000 feet

LOCATION MAP
Shirk Capacity Enhancement from School Avenue to Riggin Avenue 66 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0349 Agenda Date: 9/16/2024 Agenda #: 5.

Agenda Item Wording:

FY23-24 Cape Seal Notice of Completion - Authorize the City Manager to file a Notice of Completion for the construction of the FY 23-24 Cape Seal Project.

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 file a Notice of Completion for the FY 23-24 Cape Seal Project (1410- 72000/CP0247-999).

Background Discussion:

The City utilizes multiple pavement preservation methods including, but not limited to, reclamite, cape seal, and crack seal. The streets are analyzed through the City’s Pavement Management Program to determine cost-effective maintenance recommendations, while optimizing the expenditures of limited fiscal resources.

This annual Cape Seal project was based on a project list developed from the Pavement Management Program in combination with field investigations. To increase the longevity of pavement surfaces, it is imperative for the City to perform the appropriate preventative maintenance and enhancement treatments to the City’s streets at the proper time. Performing a cape seal treatment at this life-stage of the selected streets is beneficial as it extends the overall pavement life at a relatively inexpensive cost. Without this type of treatment, as streets deteriorate further, future maintenance and eventual replacement becomes more expensive and more time consuming.

This iteration of the Cape Seal project was performed throughout the City, as shown in the attached map. The project sealed approximately [10 miles] of streets which amounted to an area of [232,398 square yards]. The contractor, VSS International of West Sacramento, CA, completed the FY 23-24 Cape Seal project within the contract time frame and budget without any change orders. The project was publicized through the City’s social media and the contractor’s own notification process, which minimized resident complaints.

Fiscal Impact:

The FY23-24 Cape Seal construction project (CIP 1410-72000/CP0247-999) was funded by Measure N (Fund 141) with a total project funding of $2,200,000.

Visalia City Council Page 1 of 2 Printed on 9/13/2024
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File #: 24-0349 Agenda Date: 9/16/2024 Agenda #: 5.

Below is a breakdown of all the costs associated with this project:

Project Summary: FY 23-24 Cape Seal Project, CP0247 (Measure N) Project Budget: $2,200,000.00
Project Costs:

Construction Cost $1,867,768
Construction Management & Inspections $18,041
Material Testing $17,936
Total Project Cost $1,903,746
Approximate Funding Remaining (Measure N) $296,255
This project has a surplus of approximately $296,255. This surplus was a result of the lowest construction bid coming in under the Engineer’s estimate.

Prior Council Action:

October 16, 2023: City Council authorized the City Manager to award the construction contract for the FY 23-24 Cape Seal Project to VSS International in the amount of $1,867,768.

Other: N/A
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to file a Notice of Completion for the FY 23-24 Cape Seal Project.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments .:
1) Project Map
2) Contractor Disclosure Form
Visalia City Council Page 2 of 2 Printed on 9/13/2024
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69 70
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0351 Agenda Date: 9/16/2024 Agenda #: 6.

Agenda Item Wording:

Retaining Wall Repair - Authorize the City Manager to award a contract for the Blain Park retaining wall replacement project to Anchor 41 Construction of Hanford for an amount not to exceed of $141,299.00 and appropriate an additional $42,000.00 from the General Fund.

Deadline for Action: 9/16/2024
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Jason Glick, Parks and Recreation Director, 713-4042, [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends the City Council approve an appropriation of $42,000.00 from the General Fund and authorize the City Manager to award a construction contract for the removal of an existing wooden retaining wall and installation of a new block retaining wall at Blain Park to Anchor 41 Construction of Hanford, CA, in the amount of and not to exceed $141,299.00, per specifications of RFB 23-24-11.

Background Discussion:

At the June 30, 2022, City of Visalia Council Meeting, City Council approved the appropriation of $100,000.00 to the City’s Capital Improvement Project Budget for the repair of the Blain Park retaining wall (CP0503). The project will remove and dispose of the old wooden retaining wall around the Blain Park restroom building which has become hazardous and unstable. The project will then install a new 172 linear foot block wall in place of the current wooden poles to match the existing wall around the nearby playground. The retaining wall keeps the bank of soil from eroding down into the sidewalk around the entrance of the restroom facility.

The Blain Park Retaining Wall Project has gone through the formal bid process three times in the past, the first in April 2016, the second in May 2016, the third in February 2017, and was included as add alternate bid item with other park projects. Bids were received during the first and third formal bid process with all bids received being over budget. Staff did not receive bids during the second formal bid process, or with the project as an add alternate in conjunction with other park project bids. During the most recent fourth formal bid process staff received bids back from two contractors, with one of these bids being submitted incomplete. The second bid received was complete and is, unfortunately, over the budgeted amount within the project budget. Because of the issues receiving bids for the project, the current hazard of the wood retaining wall, and ever-increasing labor and material costs, staff is requesting Council approve the appropriation of an additional $42,000.00 from the General Fund into CP0503 to complete the project.

Summary:

RFB #23-24-11 was advertised on May 23, 2024, and May 28, 2024, for the removal of the existing wooden retaining wall and installation of a new block retaining wall. Two mandatory pre-bid meetings were conducted Visalia City Council Page 1 of 2 Printed on 9/13/2024
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File #: 24-0351 Agenda Date: 9/16/2024 Agenda #: 6.
on June 5, 2024, and June 6, 2024, where staff answered questions and toured the project site with several contractors.

On Thursday, June 27, 2024, the City received bids from two (2) contractors in the Bid Summary below.

Anchor 41 Construction of Hanford, CA was the qualified low bidder for RFB 23-24-11 Blain Park Retaining Wall Replacement Project.
· Anchor 41, Hanford, CA $141,299.00
· Callison Elite Construction, Porterville, CA incomplete bid packet This is considered a Public Works contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’s Labor Compliance Manual which was a part of the specifications.

Fiscal Impact:

On June 30, 2022, the council approved the allocation of $100,000.00 to CIP CP0503 for the removal of the existing wooden retaining wall and installation of a new block retaining wall at Blain Park. The total cost of the well project staff received is $141,299.00 and over the budgeted amount. Staff are requesting an additional appropriation of $42,000.00 from Fund 001 General Fund.

Prior Council Action: None
Other: None
Alternatives: Reject bids and go out for another Request for Bids.

Recommended Motion (and Alternative Motions if expected):

I move to approve an appropriation of $42,000.00 from the General Fund and authorize the City Manager to award a construction contract for the removal of the existing wooden retaining wall and installation of a new block retaining wall at Blain Park to Anchor 41 Construction of Hanford, CA, in a not to exceed amount of $141,299.00. ..end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFB 23-24-11, RFB 23-24-11 Addendum 1, Anchor 41 Construction Bid, Exhibit D-3 Site Map and Details.

Visalia City Council Page 2 of 2 Printed on 9/13/2024
powered by Legistar™ 72
RFB NO. 23-24-11
Blain Park Retaining Wall Replacement Project
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CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 23-24-11
PROJECT:

BLAIN PARK RETAINING WALL REPLACEMENT PROJECT
BID SUBMITTAL DEADLINE: 2:00 PM ON THURSDAY, JUNE 27, 2024 The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

This is a Public Works Project, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached).

Advertisement Dates: 05/23/24
05/28/24
73 RFB NO. 23-24-11
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TABLE OF CONTENTS
I. DEFINITIONS .................................................................................................. 1

II. PROJECT INTRODUCTION .............................................................................. 1 III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ......................... 2 IV. INSTRUCTIONS ............................................................................................... 5 V. SCOPE OF WORK/PROJECT SPECIFICATIONS ............................................... 5 VI. PRE-BID AND PRECONSTRUCTION MEETINGS ............................................... 7 VII. BID OPENING AND CONFIDENTIALITY ............................................................ 7 VIII. AWARD ........................................................................................................... 8 IX. PROTESTS/APPEALS ...................................................................................... 8 X. SPECIAL CONDITIONS .................................................................................... 9 XI. GENERAL CONDITIONS .................................................................................. 11 XII. POST AWARD RESPONSIBILITIES .................................................................. 13

EXHIBITS
A. BID FORM ...................................................................................................... 15-19 B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Bidder’s Statement on Previous Contracts Subject to EEO Clauses ........ 20 B-2. Equal Employment Opportunity Compliance Certificate ........................ 21 B-3. Certificate of Nonsegregated Facilities ................................................... 23 B-4 Bid Guarantee ........................................................................................ 24 B-5. Non-Collusion Affidavit .......................................................................... 25 B-6. Worker’s Compensation Insurance Certificate ....................................... 26 B-7. Anti-Kickback Compliance Certificate ................................................... 27 B-8. Americans with Disabilities Act Compliance Certificate ......................... 28 B-9. Clean Air Act and Water Pollution Control Act Compliance Certificate .. 29 B-10. Disclosure Statements ........................................................................... 30 B-11. Iran Contracting Act ............................................................................. 31 B-12. Drug-Free Workplace .............................................................................. 32 C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS .................................... 33 Attachment 1 – General Contract Provisions ................................................... 35 Attachment 2 – Insurance Requirements ......................................................... 38 Sample Contractor’s Affidavit ........................................................................... 40 D. ADDITIONAL ATTACHMENTS (attached separately)
D-1, Wage Designations
D-2, Labor Compliance Manual
D-3, Blain Park Wall Project Plans (Plan Exhibits A – D) 74 RFB NO. 23-24-11
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I. DEFINITIONS
For the purposes of this RFB NO. 23-24-11, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia.

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

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

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

5. “RFB” means Request for Bid No. 23-24-11.

II. PROJECT INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids from qualified contractors to replace and construct the retaining wall at Blain Park, located at 3101 S. Court St, Visalia, CA. Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

Plans & Specifications: All documents may be requested from the office of the Purchasing Division, 707 W. Acequia, Visalia, CA 93291 by calling (559) 713-4334, or by email [email protected]. These documents will be emailed when possible if they do not exceed our email capacity.

Mandatory Pre-Bid Meetings have been scheduled for this project. Bidder’s are required to attend at least one of the mandatory meetings in order to be eligible to bid on project. Meetings will be held at Blain Park, 3101 S. Court St, Visalia, CA as follows:

Wednesday, June 5, 2024 at 10:00 a.m. and
Thursday, June 6, 2024 at 10:00 a.m.

Contract Dates: Tentative date of award: September 1, 2024 and Contractor must be able to begin the work as described within this bid upon receipt of the City’s Notice to Proceed. The Notice to Proceed shall be issued in writing by the Purchasing Department.

Time of Completion Deadline: The entire project must be completed within forty-five (45) calendar days from the effective date of the Notice to Proceed. The Notice to Proceed will be issued in writing by the Purchasing Department.

Estimate: The estimated budget for this project is approximately $100,000.

Prevailing Wages: Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to State prevailing wages as specified in the plans and specifications.

License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class C-8 license. See Section III for additional Department of Industrial Relations Requirements which apply to this project.

Use of Subcontractors: Your proposal may include subcontractors and you should clearly delineate the responsibilities of each of those participants within your proposal. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications, terms and conditions of the Invitation to Bid.
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III. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements Notice is hereby given that this is a public works project and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must: Register on an annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner
No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors or that list unregistered subcontractors will be rejected.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.  As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.  As set forth in CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.  As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .  The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.
 In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.  In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; 76 RFB NO. 23-24-11
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o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury. o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776. o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.
 The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).
 As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract. o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
 In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.  Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice 77 RFB NO. 23-24-11
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agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.
 Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.  The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).
 As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.
o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.
 The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:
 As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.
10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp 78 RFB NO. 23-24-11
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IV. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

From: Bidder’s Name
Bidder’s Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
In lower left-hand corner of envelope, mark bid as follows:

PROJECT: Blain Park Retaining Wall Replacement Project
RFB NO. 23-24-11
BID SUBMITTAL DEADLINE: June 27, 2024 at 2:00pm

4. Submit a security deposit of no less than 10% of the Bid amount to the City with the sealed Bid to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Submit each of the required Certifications, Affidavits, Bid Guarantees Assurances, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.

6. Inquiries: Instructions to Vendors, Specifications and Bid Forms may be obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334. To prevent misinterpretations, the Purchasing Division would prefer that all questions regarding this RFB be sent by email to:
[email protected] or by fax to (559) 713-4801.

Deadline for submitting questions regarding this project is: Friday, June 14, 2024 at 4:00 pm.

V. SCOPE OF WORK/PROJECT SPECIFICATIONS
The contractor shall furnish all materials, equipment, tools, labor, appurtenances and incidentals required to complete the project as set forth in this Scope of Work and all other contract documents included in RFB 23-24-11.

The Contractor shall provide the following services in completing the project:

Removal & Relocation of Existing Improvements
Contractor shall remove and dispose the existing wood-pole wall. Work includes, but is not limited to:
 Removing the wood-pole wall and any other material needed to be removed for the project.  Off-site disposal of removed materials, such as wood-pole wall, debris, or contaminated soil.  Temporarily removing any backfill necessary for the construction of the new CMU block wall.  Temporarily relocating any irrigation, landscaping, signs, or other improvements that would conflict with construction of the new CMU wall.
 The relocated irrigation, landscaping, signs, and other improvements shall be placed back to their original location once the backfill is being placed behind the new walls. 79 RFB NO. 23-24-11
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CMU Wall Construction
Contractor shall construct the CMU block wall as shown and specified in the plans and exhibits of the contract documents. Work includes but is not limited to:
 Excavation and earthwork for construction of footing.  Construction of footing and CMU block wall as shown and detailed in Plan Exhibits A through D attached in this RFB. Some features of the block wall design include the following:
o Top of footing shall be level and flush with the existing sidewalk. o Grade 40 number 4 rebar is to be used as detailed in the exhibits. o Wall is to adjoin existing wall with a smooth transition. o Color and finish of the CMU wall shall match the existing CMU wall. o The CMU wall shall have a matching CMU cap on top of it.  Backfill behind the retaining segments of the CMU wall to the original soil height.  Place back any irrigation or landscaping that was temporarily removed.

Retaining Curb (Non-Street Application)
Contractor shall construct the retaining curb as shown and specified in the plans and exhibits of the contract documents. Work includes but is not limited to:
 Excavation and earthwork for construction of retaining curb.  Construction of retaining curb as shown and detailed in Plan Exhibits attached in this RFB.  Plan Exhibit D corresponds to the City of Visalia Improvement Standard Drawing C-8. o The retaining curb shall be the curb option for Non-Street Application for less than 6 inches of soil retention.
 The curb shall adjoin the face of the new CMU block wall.  Backfill behind curb to the original soil height.

Pre-Construction
Once the contract has been awarded and executed, the contractor will need to:
 Obtain a building permit from the City of Visalia.
o Contractor will need to pull this permit and provide necessary supplementary information such as insurance verifications and/or traffic control plans if needed. o The fee for this building permit will be paid for by the City of Visalia.  Return a signed Notice to Proceed and other required documents to the City of Visalia.  Schedule and attend a pre-construction meeting with the City of Visalia prior to starting work.  Contact Underground Service Alert (USA) for investigation of any utilities.  Follow the regulations mandated by the Department of Industrial Relations summarized in the City of Visalia Labor Compliance Manual; such as furnishing electronic payroll records for this project to the Labor Commissioner on a biweekly basis (IF APPLICABLE).  If any material or equipment is desired to be stored on-site during the project, a request shall be made to the City for authorization. No on-site storage is permitted without City authorization.

Safety
Contractor shall provide safety measures as needed. Since the project is located at a park, it is expected that the public, including children, will be present during the duration of the project. The contractor is responsible for the safety of people near the work site, and ensuring that park users are kept away from any hazard in relation to any equipment or construction activity onsite. If in the opinion of the City of Visalia, the site is not safe, construction shall stop until the site is deemed safe by the City.

Park restrooms should remain open and accessible during construction. If this is not feasible, contractor is to notify the City for permission to temporarily restrict restroom facilities. The City will evaluate such petition and make a determination allowing or denying permission. 80 RFB NO. 23-24-11
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Cleanup
Contractor shall finalize any remaining work to finish the project. Work includes but is not limited to:
 Clean the site of any debris and excess materials.
 Remove all equipment from the site.
 Provide the City with a two (2) year warranty for the work performed.  Replace any existing facilities that were damaged during construction such as sidewalk, landscaping, or irrigation (at contractor’s expense).
 Once all items are acceptable to the City of Visalia, a Notice of Completion will be filed.

Utility Note
There is an electrical box and a streetlight in the vicinity of the project. There may be electrical conduit crossing under the existing wall from the box to the streetlight. Contractor is to carefully excavate in this vicinity. The footing or curb shall be shallow enough that any conflicts shall not be present even if a line runs under the proposed wall alignment. If any conduit or other utilities are found, contractor is to contact the City of Visalia for further direction on how to proceed with the project.

Contractor’s Affidavit
Awarded Contractor shall provide the City of Visalia Project Manager with Contractor’s affidavit that labor codes were followed, and prevailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment. A sample Contractor’s Affidavit is attached to the Sample Contract included with this RFP (see pg. 40).

City of Visalia Labor Compliance Manual
Consultant shall follow the requirements of the City of Visalia Labor Compliance Manual (which is made a part of this RFB and contract).

VI. PRE-BID AND PRECONSTRUCTION MEETINGS

1. Mandatory Pre-Bid Meetings have been scheduled for this project. Bidder’s are required to attend at least one of the mandatory meetings in order to be eligible to bid on project. Meetings will be held at Blain Park, 3101 S. Court St, Visalia, CA as follows:

Wednesday, June 5, 2024 at 10:00 a.m. and
Thursday, June 6, 2024 at 10:00 a.m.

Information on the project will be available during the meetings and time is designated for Contractors to ask questions about the work/contract. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

2. Post Award/Pre-Construction Meeting. Subsequent to the award of contract, the Contractor or Construction Superintendent; as well as all identified subcontractors shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise.

Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting. Additionally, this conference will be the forum to notify employers about labor standards compliance. At that time, Contractor shall furnish a schedule showing the tentative starting and completion dates. Contractor is responsible to arrange this meeting.

City Project Manager: Alvin Dias
Department: Community Services
VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, June 27, 2024 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder 81 RFB NO. 23-24-11
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and the amount of each Bid shall be read aloud and summarized on a Bid Summary sheet. The bid summary sheet is open to public inspection at the Bid opening and after the City has made an Intent to Award decision. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

After the award, the City intends that its selection process will be open and public.

Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act. The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VIII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the lowest bidder whose bid is deemed both responsive and responsible and meets the criteria and specifications set forth in this RFB. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

IX. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process. 82 RFB NO. 23-24-11
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3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

X. SPECIAL CONDITIONS

1. Project Administrative Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB. It is the intent of this RFB and related agreement to describe a functionally complete project. b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.

If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract.

These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.
c. Omitted Items. Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.
d. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed or the Change Order Committee shall approve an increase in a Change Order issued after the Extra Work is completed. No additional payment is due for unauthorized Extra Work.
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If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period the Project Manager may move forward with issuing a Change Order to adjust the contract price.
e. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.
f. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.

2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s).

The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees. b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent. c. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like.
(2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.
d. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.
e. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern day fabrication shops and good construction practice.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner. f. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project. 84 RFB NO. 23-24-11
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(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.
(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
g. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.
h. Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.

3. 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 Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws, and ensure against discrimination.

XI. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of age, race, color, national origin, ancestry, disability, gender, creed or religion 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 that receives or benefits from Federal financial assistance.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. 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 85 RFB NO. 23-24-11
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time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

3. Post-Closing Date Corrections are prohibited.

4. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

5. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

6. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

7. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.

8. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

9. All Bids are the property of the City after submission.

10. City is not responsible for Bid errors and omissions.

11. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.

12. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

13. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

14. Prior to conducting business in the City, a business tax certificate (license) must be obtained.

Call 559-713-4326 for more information.

15. Bidder shall provide insurance as required by law and as indicated in the proposed contract.

16. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.

17. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.

18. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

19. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

20. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.
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21. Each Bidder, will be required to submit Certifications, Affidavits, Bid Guarantees, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

22. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

23. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

24. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor may be required to submit Proposals on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.

25. No mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

26. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors.

Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

27. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.

XII. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work on the project.

4. Required Bonds: The Bidder awarded the contract pursuant to this RFB will be required to provide to the City of Visalia: a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City 87 RFB NO. 23-24-11
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standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
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BIDDING AGENCY:_________________
EXHIBIT “A”
BID FORM RFB NO. 23-24-11
Project: Blain Park Retaining Wall Replacement Project
TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-11 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the time and manner prescribed will result in forfeiture to the City of the Bid Guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

LOWEST BIDDER will be determined by the lowest lump sum bid amount.

BIDDER proposes to furnish 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.

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.

BIDDER hereby agrees to execute a contract and provide the bond within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, the accompanying Bid Guarantee shall be forfeited to the City of Visalia as liquidated damages, and said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to commence the work within ten (10) calendar days after the effective date of the Notice to Proceed and to complete the work by forty-five (45) calendar days after Notice to Proceed, unless extended in writing by the Purchasing Division.

BIDDER agrees to abide by all requirements of the Department of Industrial Relations (DIR) applicable to this public works contract and specified in the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state prevailing wages, and uploading certified payrolls to the Labor Commissioner.

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on bid form.
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BIDDING AGENCY:_________________
(1)
Bidding Agency
(2)
Corporation, Partner, Joint Venture
(3)
Business Address City State Zip Code

Telephone Number Fax Number Email Address
(4)
Signature of Authorized Person (Date)

Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.

ITEM
NO. DESCRIPTION OF WORK QUANTITY UNIT UNIT PRICE ($) TOTAL ($) 1 Mobilization & Demobilization 1 LS
2 Removal of Existing Facilities 1 LS
3 24” Tall CMU Block Wall 52 LF
4 32” Tall CMU Block Wall 36 LF
5 40” Tall CMU Block Wall 24 LF
6 Retaining Curb (Non Street
Application)
34 LF
PROJECT: BLAIN PARK CMU BLOCK WALL
As described in RFB 23-24-11
(including all attachments and exhibits)

LUMP SUM BID AMOUNT
(includes all labor, equipment, materials & taxes)
$________________________
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(3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.
_______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ ______
Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.
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BIDDING AGENCY:_________________

BIDDING CONTRACTOR’S LICENSE INFORMATION:

STATE CONTRACTOR’S LIC. CLASS:_________________ # _____________________________EXP. DATE:___________ STATE D.I.R. REGISTRATION #______________________________________________________ FEDERAL TAX I.D. #______________________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________(A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia, regardless of whether the business address is actually located within the City. Contact the business License Division for clarification of questions at 559-713-4326.

CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.

REFERENCE 1
NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________ AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________ REFERENCE 2
NAME OF AGENCY:__________________________________________________CONTACT PERSON:____________________ AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________ REFERENCE 3
NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________ AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________________TELEPHONE#_______________________________ COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________________TELEPHONE#_______________________________ COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________________TELEPHONE#_______________________________ .
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SUBCONTRACTOR LISTING BIDDING AGENCY:____________________________ The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.

Note: If more space is needed to list additional subcontractor and trade classifications, please list remaining subcontractors on a separate sheet of paper and submit with Bid.

SUBCONTRACTOR INFORAMTION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other: ________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other: ________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

3. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other: ________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #
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EXHIBIT “B-1”
Submit with Bid
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:

The BIDDER has_____ 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.

The BIDDER has _____ 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 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-I” prior to award of the contract.

Note: Failure to complete the blanks may be grounds for rejecting the bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-2”
Submit with Bid

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor Regulations (41 CFR Chapter 60) during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance.

Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company: ______________________________________________ 95 RFB NO. 23-24-11
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Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-3”
Submit with Bid

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.

The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause; (b) Retain such certifications in its files; and
(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semi-annually, or annually).

4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

Company:

Business Address:

Signature:

Name of Signing Official:______________________________________________ Date:

Title of Signing Official:

Company Seal (if any):
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EXHIBIT “B-4”
Submit with Bid

BID GUARANTEE
Known all men by these presents:

That we, ____________________________________________ as principal and __________________________________________________ as surety, are held and firmly bound unto the City of Visalia (obligee) in the sum of ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presented.

In no case shall the liability of the surety hereunder exceed the sum of $______________ ______.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certain construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 23-24-11
Project: Blain Park Retaining Wall Replacement Project
NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney’s fee to be fixed by the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _______________________________ day of _______________________________, 2024

Company (Principal): ______________________________________________ Business Address: ______________________________________________ Signature:______________________________________________ Date:____________________ Name of Signing Official:
_________________________________________________________________Title:_________________________

Company Seal:

Company (Surety): ______________________________________________ Business Address: ______________________________________________ Signature:_______________________________________________ Date:____________________ Name of Signing Official: __________________________________________________________________Title:_______________________

Company Seal (if any):

Note: Signatures of those executing for the surety must be properly acknowledged. 98 RFB NO. 23-24-11
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EXHIBIT “B-5”
Submit with Bid

NON-COLLUSION AFFIDAVIT
(Cal. Public Contract Code § 7106)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

State of California
County of ________________________

On this __________ day of _______________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 __________________________________ (Seal)
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EXHIBIT “B-6”
Submit with Bid
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-7”
Submit with Bid
COMPLIANCE WITH THE COPELAND “ANTI-KICKBACK” ACT
(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c)) By submission of a Bid, the Bidder agrees to comply with the Copeland “Anti-Kickback” Act (40 U.S.C § 3145), as supplemented by the Department of Labor regulations at 29 C.F.R. pt. 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient is prohibited from inducting, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

Additionally, each Contractor and subcontractor must furnish each week, a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the Contractor or the Subcontractor, within seven (7) days after the regular payment date of the payroll period, to a representative of the agency in charge at the site of the building or work.

Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as may be appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12 Bidder has read the requirements above and certifies that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in the Copeland “Anti-Kickback” Act, relating to the award of the Contract.

By commencing performance of the Contract work, the selected BIDDER certifies to comply with the Copland AntiKickback Act.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-8”
Submit with Bid

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-9”
Submit with Bid

CLEAN AIR ACT AND WATER POLLUTION CONTROL CERTIFICATION CLEAN AIR ACT 42 U.S.C. § 7401-7671q.) and the FEDERAL WATER POLLUTION CONTROL ACT as amended
(33 U.S.C. § 1251-1387). 49 CFR, Part 18, Section 18.36) BIDDER agrees that any facility to be used in the performance of the contract, or to benefit from the contract, is not listed on the Environmental Protection Agency List of Violating Facilities.

BIDDER also agrees to comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. relating to the inspection, monitoring, entry, reports and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder.

BIDDER agrees that as a condition for award of the contract, the BIDDER will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of, or benefit from, the contract is under consideration to be listed on the EPA List of Violating Facilities.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-10”
Submit with Bid

DISCLOSURE STATEMENT
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE
_________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company _________________________________________________________________ Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
_______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also known as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure.

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____ If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)
______________________________ ________________________ Answering YES does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form. _________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company __________________________________________ _________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual 104
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EXHIBIT “B-11”
Submit with Bid

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:________________________________ Printed Name:_______________________ Title:____________________________________ Agency Name:_________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years. 105
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EXHIBIT “B-12”
Submit with Bid

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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EXHIBIT “C”

SAMPLE PROJECT AGREEMENT
Blain Park Retaining Wall Replacement Project
(City of Visalia Bid No. 23-24-11)
This Agreement, entered into and effective this ________ day of ________________, 2024 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

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 _____________ Project, which was let to bid on ___________ as evidenced by Bid No. __________ (the “Project”); and
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 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-11, Blain Park Retaining Wall Replacement Project Attachment 4 CONTRACTOR’s proposal in response to Bid No. 23-24-11

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):

All work described in Scope of Services in Bid No. 23-24-11 107
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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 As requested by Contractor

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not 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: $
Source of Funds: Local Revenues
Payment Schedule: Within 30 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*
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Exhibit “C”
Attachment 1

GENERAL CONTRACT 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 out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this 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 CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability 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.
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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 furtherance of the performance of this Agreement. CONTRACTOR shall, at CITY’s request, 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 has written notice, or withhold from the CONTRACTOR’s unpaid compensation a sum of money 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. 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. 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 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. 110
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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. 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.
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Exhibit “C”
Attachment 2

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 of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. 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. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), 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.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any 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:
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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.
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, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated 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

113
RFB NO. 23-24-11
Blain Park Retaining Wall Replacement Project

Page 40 ends

SAMPLE CONTRACTOR AFFIDAVIT
I, declare under penalty of perjury
(Affidavit’s 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:

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)
114
RFB 23-24-11
Addendum #1 Blain Park Retaining Wall Replacement Project Page 1 of 2 City of Visalia, CA Purchasing Division
707 West Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 REQUEST FOR BIDS RFB 23-24-11

BLAIN PARK RETAINING WALL REPLACEMENT PROJECT
ADDENDUM NO. 1
Issued: Wednesday, June 19, 2024
Bids Due: 2:00 P.M. on Thursday, June 27, 2024
This Addendum is being issued to provide responses to questions, confirm wages, and provide additional information.

This addendum becomes part of the RFB 23-24-11 document and must be signed and submitted with the bid.

ITEM 1: QUESTIONS/RESPONSES
Q1: If soil needs to be removed, could it be graded over the project site or does it need to be hauled off? R1: Yes, excess soil can be graded over project site.

Q2: If a tree or its roots are in the way, do we have permission to cut the tree or roots? R2: If the contractor encounters that a tree and/or tree roots are significantly encroaching into the excavation site, the contractor shall contact the project manager. The City Arborist will inspect the project within 24 hours and provide an assessment and recommendation. If the Arborist recommends removal the City will remove the tree at the City’s cost.

Q3: Can a License B contractor sub out to a C-8 contractor? R3: Yes, for this project, a License B contractor can sub-contract to a C-8 License contractor.

Q4: What should be done with any signs, trashcans that are in the way? R4: Any signs or trashcans will need to be temporarily removed and placed back in once the CMU block wall has been constructed.

Q5: Should we call Underground Service Alert (USA) before excavating? R5: Yes, USA will need to be called out to mark any underground utilities before excavating.

Q6: Was the current side CMU block wall poured?
R6: It is unknown if the current CMU block wall is poured internally. For the CMU block wall that will be constructed, please follow the standards in the RFB document.

Q7: How far in are the current wood poles?
R7: It is estimated that the current wood poles are buried approximately 24” to 36” into the soil.

ITEM 2: PREVAILING WAGES
Prevailing wages were checked on June 19, 2024. There were no updates to the state wages. State wages originally posted with this RFB remain in effect.

ITEM 3: Additional Information
Attached are the sign-in sheets for the pre-bid mandatory meetings.

END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334 Bidders to sign and submit with Bid
Firm: Date:

By:

Bidder’s Signature
115
RFB 23-24-11
Addendum #1 Blain Park Retaining Wall Replacement Project Page 2 of 2 116 117
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PROJECT NOTES:

THE BLAIN PARK WALL PROJECT CONSISTS OF REMOVING THE EXISTING WOOD-POLE FENCE, AND REPLACING IT WITH A CMU BLOCK WALL IN ITS PLACE. EARTHWORK AND RELOCATION OF EXISTING LANDSCAPE FACILITIES WILL BE NEEDED FOR THE PROJECT.

EXISTING PLAYGROUND
THE EXISTING WOOD-POLE FENCE RETAINS FOUR (4) INCHES OF SOIL UP TO APPROXIMATELY THREE (3) FEET OF SOIL. THE NEW CMU BLOCK WALL SHALL BE BACKFILLED TO THE ORIGINAL SOIL HEIGHT.

CONTRACTOR SHALL ATTEND A PRE-CONSTRUCTION MEETING WITH CITY AFTER PROJECT IS AWARDED.

CONTRACTOR SHALL PULL A PRE-APPROVED BUILDING PERMIT PRIOR TO START OF CONSTRUCTION.

CONTRACTOR SHALL FOLLOW ALL REGULATIONS MANDATED BY THE DEPARTMENT OF INDUSTRIAL RELATIONS AND CITY'S LABOR COMPLIANCE MANUAL, SUCH AS FURNISHING ELECTRONIC PAYROLLS.

PARK RESTROOMS ARE TO REMAIN OPEN AND ACCESSIBLE THROUGHOUT CONSTRUCTION.

SAFETY NOTES:

CONTRACTOR IS RESPONSIBLE FOR SAFETY NEAR THE WORK SITE, & SHALL ENSURE THAT PARK USERS ARE KEPT AWAY FROM HAZARDS RELATED TO EQUIPMENT OR CONSTRUCTION ACTIVITY ONSITE. IF IN THE OPINION OF THE CITY, THE SITE IS NOT SAFE, CONSTRUCTION SHALL STOP UNTIL IT'S DEEMED SAFE.

WOOD-POLE WALL

TO BE REMOVED

EXISTING CMU WALL

EXISTING

RESTROOMS

WOOD-POLE WALL

TO BE REMOVED
TASK NOTES:

CONTRACTOR SHALL REMOVE & RELOCATE EXISTING FACILITIES AS SHOWN AND SPECIFIED IN THE PLANS AND CONTRACT DOCUMENTS. WORK INCLUDES, BUT IS NOT LIMITED TO:
• REMOVAL & OFF-SITE DISPOSAL OF THE WOOD-POLE WALL AND ASSOCIATED DEBRIS. • TEMPORARY REMOVAL OF BACKFILL NECESSARY FOR CONSTRUCTION OF NEW CMU BLOCK WALL. • TEMPORARY RELOCATION OF IRRIGATION, LANDSCAPING, SIGNS AND OTHER IMPROVEMENTS. • RELOCATED IMPROVEMENTS SHALL BE PLACED BACK TO THEIR ORIGINAL LOCATION AT THE END.

CONTRACTOR SHALL CONSTRUCT THE CMU BLOCK WALL AS SHOWN AND SPECIFIED IN THE PLANS AND CONTRACT DOCUMENTS. WORK INCLUDES BUT IS NOT LIMITED TO:
• EXCAVATION AND EARTHWORK FOR CONSTRUCTION OF THE FOOTING. • TOP OF FOOTING SHALL BE LEVEL AND FLUSH WITH THE EXISTING SIDEWALK. • ADJOIN NEW WALL TO EXISTING WALL WITH A SMOOTH TRANSITION. • CMU FINISH SHALL MATCH THE EXISTING CMU WALL.
• COLOR OF THE CMU SHALL MATCH THE COLOR OF THE EXISTING CMU WALL. • THE CMU WALL SHALL HAVE A MATCHING CMU CAP ON TOP.
• EXPOSED SIDE FACES OF CMU WALL, WHERE WALL HEIGHT CHANGES, SHALL BE FULLY TEXTURED.

CONTRACTOR SHALL CONSTRUCT THE RETAINING CURB AS SHOWN AND SPECIFIED IN THE PLANS AND CONTRACT DOCUMENTS. WORK INCLUDES BUT IS NOT LIMITED TO:
• EXCAVATION AND EARTHWORK FOR CONSTRUCTION OF RETAINING CURB. • RETAINING CURB SHALL BE PER CITY OF VISALIA STANDARDS FOR NON-STREET APPLICATION. • THE CURB SHALL ADJOIN THE FACE OF THE NEW CMU BLOCK WALL.

CONTRACTOR SHALL DEMOBILIZE & CLEAR THE PROJECT SITE. WORK INCLUDES BUT IS NOT LIMITED TO:
• CLEANING THE SITE OF ANY DEBRIS AND EXCESS MATERIALS. • REMOVING ALL EQUIPMENT FROM THE SITE.
• REPLACING ANY EXISTING FACILITIES THAT WERE DAMAGED DURING CONSTRUCTION SUCH AS SIDEWALK, LANDSCAPING, OR IRRIGATION (AT CONTRACTOR’S EXPENSE).

UTILITY NOTES:

THERE IS AN ELECTRICAL BOX & STREETLIGHT IN THE VICINITY OF THE PROJECT. CONTRACTOR SHALL ENSURE THAT ANY UTILITIES LINES UNDER THE EXISTING OR PROPOSED WALL ARE NOT DAMAGED. 0 20
Feet
40 80

EXHIBIT A

PROJECT LOCATION

BLAIN PARK WALL PROJECT

WOOD-POLE WALL

TO BE REMOVED

EXISTING

SIDEWALK
COURT ST.

Exhibit D-3
COURT ST.
148
.
.
.
.

EXHIBIT B: BLOCK WALL PLAN BLAIN PARK WALL PROJECT

ADJOIN NEW WALL TO
EXISTING WALL. THE FACE

OF BLOCK FACING

SIDEWALK SHALL HAVE A
SMOOTH TRANSITION.

EXISTING CMU

RETAINING WALL
(TW E 32 "+ CAP)
TW S 32 "+ CAP
TF S 0.00 FT (FLUSH)
FG E 1.00 FT (RET)
TW W 32" + CAP
TW E 40" + CAP
TF W/E 0.00 FT (FLUSH)
FG N 2.25 FT (RET)
CONSTRUCT 12 LF OF
BLOCK WALL, 40" TALL

BLOCK WALL TO

BE CONSTRUCTED

EXISTING

SIDEWALK
TREES
SHRUBS
TW N 32" + CAP
TW S 24" + CAP
TW W 40" + CAP
TF W 0.00 FT (FLUSH)
FG N 3.00 FT (RET)
(RET) RETAINING BACKFILL
TF N/S 0.00 FT (FLUSH)
FG E 0.75 FT (RET)
CONSTRUCT 52 LF

BLOCK WALL
24" TALL
(SIGN) TW W 24" + CAP
TW E 32" + CAP
TF W/E 0.00 FT
FG N 1.25 FT (RET)
(RESTROOMS)
TW W 40" + CAP
TF W 0.00 FT (FLUSH)
FG S 3.15 FT (RET)

EXISTING

SIDEWALK
TO BE

UNDISTURBED
(STREETLIGHT)
TW W 24" + CAP
TW E 32" + CAP
TF W/E 0.00 FT (FLUSH)
FG N 1.00 FT (RET)

DETAIL A
(SCE METER / BOX)
CONSTRUCT 12 LF OF
BLOCK WALL, 40" TALL
TW W 32" + CAP
TW E 40" + CAP
TF W/E 0.00 FT (FLUSH)
FG S 2.25 FT (RET)
TW E 24" + CAP
TF E 0.00 FT (FLUSH)
FG S 0.50 FT (RET)
NOTES:

1. EXISTING SIDEWALK TO BE

UNDISTURBED

2. TOP OF FOOTING SHALL BE FLUSH
WITH ADJACENT SIDEWALK ELEVATION.

3. ELEVATION CALLOUTS ARE IN

REFERENCE TO TOP OF FOOTING (TF)
SET AT 000.00 FT.

DUB DOWN TO

EXISTING CURB
AT 1V:2H RISE/RUN
0 2.5

PARCELS
5 10
Feet

DETAIL A
CONSTRUCT 12 LF

BLOCK WALL
32" TALL PER
CONSTRUCT 12 LF OF
BLOCK WALL, 24" TALL

THERE IS POTENTIAL FOR

UNDERGROUND ELECTRICAL
CONDUIT IN THIS AREA.

EXCAVATE WITH CAUTION,

AND NOTIFY CITY IF ANY

UNDERGROUND UTILITIES

ARE FOUND
CONSTRUCT 34 LF RETAINING CURB

NON-STREET APPLICATION
FOR 6" OR LESS OF SOIL RETENTION
PER CITY STD DRAWING C-8
CONSTRUCT 12 LF OF
BLOCK WALL, 32" TALL
CONSTRUCT 12 LF OF
BLOCK WALL, 32" TALL
149

EXHIBIT C & D
BLAIN PARK WALL PROJECT 150
151
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0357 Agenda Date: 9/16/2024 Agenda #: 7.

Agenda Item Wording:

HPAC Annual Report - Review and accept the 2023/2024 Annual Report from the City of Visalia Historic Preservation Advisory Committee.

Deadline for Action: 9/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Tyler Davis, Chairperson, Historic Preservation Advisory Committee 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 the City Council review and accept the annual report from the Historic Preservation Advisory Committee (HPAC). The annual report provides the City Council with a detailed overview of all activities conducted and projects reviewed by the HPAC between January 1, 2023, to June 30, 2024.

Background:

As one of the oldest cities in the Central Valley, Visalia hosts an impressive collection of historic sites and structures. Numerous structures with distinctive architectural styles are present in Visalia, concentrated in the city’s historic core. The Historic Preservation Ordinance, adopted in 1979 and updated in 2001 and 2022, established the HPAC to act as a steward for historic preservation causes. The HPAC is a seven-member committee that is primarily responsible for periodically updating the Local Register of Historic Structures, nominating properties to Local, State, and Federal Historic Registers, and reviewing building/planning actions related to historically designated structures within the Historic District and/or on the Local Register. Review of building and planning actions is the most frequent task undertaken by the Committee, consisting of review of exterior alterations to historically designated structures, and review of zoning actions on sites within the Historic District (ex. Change of Zones, Conditional Use Permits, Variances, and Planned Unit Developments). HPAC reviews are free of charge and conducted with a focus on preserving the integrity of historic structures and maintaining the unified architectural character of historic neighborhoods. Committee actions are appealable directly to the City Council.

The Committee currently consists of seven members with a wide variety of knowledge relevant to historic preservation. Current members of the HPAC work in construction, education, insurance, and landscaping, and many of the members are active in community groups. Three of the seven Visalia City Council Page 1 of 5 Printed on 9/13/2024
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File #: 24-0357 Agenda Date: 9/16/2024 Agenda #: 7.
members also reside within the boundaries of the
Historic District (Chair Tyler Davis, Vice-Chair Karen Ayala, and member Michael Tomola). The Committee meets on the second and fourth Wednesdays of every month to provide expedient review of development requests.

Discussion:

Reporting Timeframe
This annual review reports on actions conducted by the HPAC between January 2023 to June 2024.

Previous annual reviews were reported on a calendar year basis, with the last review conducted August 21, 2023, covering the 2022 calendar year. Staff has since been directed to report actions based on the fiscal calendar year (July to June). Consequently, this annual review covers an 18- month span. Future reports will revert to covering only a 12-month span, with next year’s report covering July 2024 to June 2025.

Project Reviews
Between January 2023 to June 2024, the HPAC held a total of 36 public meetings, which included 33 regular meetings, and three special called meetings. The HPAC reviewed a total of 45 items during that timeframe. Items reviewed consisted of a wide range of residential, office, and quasi-public projects, including proposals for a complete rehabilitation of the MindDivers office building (512 North Court Street), rehabilitation to multiple single-family residences (ex. 509 North Locust Street, 516 West Myrtle Avenue), and review of the St. Mary’s Catholic Church tower (608 North Church Street).

All projects, as well as decisions rendered by the HPAC, are summarized in Attachment No. 1.

Project Consultations
In the 2023/2024 timeframe, the HPAC conducted two consultation meetings with applicants looking to develop projects on historically designated sites. The purpose of these meetings was for the HPAC to provide guidance on exterior façade treatments and Historic District compatibility, to streamline the HPAC review process. The proposals reviewed are as follows:
· 112 East Oak Avenue: Rehabilitation of an adobe structure previously used as a church, to be converted into a coffee shop. The HPAC consulted with the applicant on July 26, 2023. This project has since been formally reviewed by the HPAC on April 24, 2024, and been issued a Building Permit for demolition work to the interior and outer patio. Additional permits for interior and exterior renovations are required and have yet to be submitted. · 320 North Church Street: Removal of a basketball court for the construction of a three-story office building. The HPAC consulted with the developer on two occasions, February 28, 2024, and April 24, 2024. This project was submitted to Site Plan Review for review on April 24, 2024. However, no additional action by the developer has occurred at this time.

Long Range Projects
Historic District Survey Project:

In 2023, the HPAC began the process to identify historically significant sites and neighborhoods for possible inclusion on the Local Register of Historic Structures and expansion of the Historic District.

This is in compliance with the duties and responsibilities assigned to the HPAC by Visalia Municipal Visalia City Council Page 2 of 5 Printed on 9/13/2024
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File #: 24-0357 Agenda Date: 9/16/2024 Agenda #: 7.

This is in compliance with the duties and responsibilities assigned to the HPAC by Visalia Municipal Code, Section 17.56.050.C.6, which directs the Committee “…to compile and update the historic survey and inventory, and to nominate properties to the local register, the California Register of Historical Resources, and the National Register of Historic Places.” Activities in service of the Historic District Survey Project have included holding a volunteer training, conducting over 1,000 site visits of properties in and around the existing Historic District, and documenting conditions for evaluation by the HPAC. Site surveys were performed by both HPAC members and nine volunteers and were completed in early 2024. HPAC evaluation of the surveys have been ongoing since Fall 2023 and are expected to be completed by the end of October 2024. Evaluations have thus far focused on potential additions to the Local Register. Once survey evaluations are completed, the HPAC will consider if and where the Historic District/Local Register could expand and present its preliminary findings and proposed recommendations to the City Council during a work session for further direction. If directed by Council to further engage potential properties owners about inclusion of their properties into the historic district or on the local register, the Committee will then follow processes previously established during the HPAC’s last expansion effort which was the addition of the Homebuilders Addition subdivision to the Historic District and Local Register, which occurred in 2012.

These processes included the following:
· Conduct multiple public outreach meetings with stakeholders to provide information on the Historic District and Local Register, and to answer questions; · Conduct a mail survey of stakeholders, gauging interest in inclusion of properties into the Historic District and Local Register. This would include a second round of certified mailings to non-respondents of the first mailing;
· Conduct another work session with the City Council to share findings from public outreach efforts, and obtain direction on how to proceed.
· If supported, the HPAC would conduct any follow up actions directed by the City Council.

Following the above, the Historic District Survey Project will require public hearings before the HPAC, Visalia Planning Commission, and Visalia City Council. Additional public notices would be published and mailed for the Planning Commission and City Council hearings.

Historic Awards Program:

In 2023, the HPAC began the work of creating a program to formally recognize the efforts of members of the public who restore historically/architecturally significant buildings to their former prominence. Currently, the City only has one “active” awards program, known as the Historic Recognition Program (HRP, included in Attachment No. 6). The program provides guidelines for the HPAC to give a “stamp of approval” for the placement of a plaque on a property. However, the program provides no funding for plaques, and requires the applicant to apply, fund, and place the plaque themselves. Placement of plaques through the program was largely funded in previous years by the Kaweah Kollectors of Questers, a private group which helped develop the HRP. The most recent plaque promoted by the Kaweah Kollectors, after a lapse of approximately 9 to 12 years, was for the Darling Hotel (210 North Court Street), which was approved by the HPAC on July 24, 2024, and will be placed onsite sometime in September 2024. However, once the Darling Hotel plaque is placed, the Kaweah Kollectors have stated that they will no longer be active. As such, the HPAC has Visalia City Council Page 3 of 5 Printed on 9/13/2024
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placed, the Kaweah Kollectors have stated that they will no longer be active. As such, the HPAC has begun discussions for the creation of an annual awards program, wherein the HPAC could proactively identify and recognize individuals who restore historic homes and award plaques or letters of commendation accordingly. The HPAC hopes to fund the making of plaques for awards recipients by requesting to utilize some of the funds already appropriated by the City Council for use by Committees/Commissions. This would help to acknowledge and incentivize historic preservation efforts. Once the HPAC has developed a draft program, staff will schedule a work session with the City Council to obtain comment and direction prior to implementation of the program.

Public Outreach
Tulare County Association of Realtors Luncheon
On February 16, 2023, members of the HPAC attended the Tulare County Association of Realtors Luncheon and made a presentation on historic preservation in the City of Visalia. The members answered questions and provided staff contact information to spread awareness on the efforts to assist in the preservation of historic structures.

Lifestyle Magazine Article
Through the efforts of HPAC member Jerome Melgar, an article was published in the May 2024 edition of Lifestyle Magazine (a local community centered publication) sharing information on the different types of historic homes in Visalia. The article was written by Melgar, with input from the entire HPAC provided between March and May 2024. The article is included as Attachment No. 7.

Historic Preservation Month Proclamation
Through efforts from the HPAC, the Visalia City Council issued a proclamation on May 6, 2024, declaring May 2024 as Historic Preservation Month. The proclamation celebrated the establishment of the City and various actions taken to preserve the City’s historic resources. The proclamation is included as Attachment No. 5 of this report. This was the second time the proclamation was made, with the first occurring May 2022. The HPAC aims to make this an annual practice.

Historic Preservation Mailer
In 2023 the HPAC conducted its annual mailing of the Historic Preservation Informational Pamphlet to all occupants and property owners of sites on the Local Register and within the Historic District.

The mailer contains information on what types of projects require HPAC review. The pamphlet is written in both English and Spanish, to allow for wider understanding of HPAC requirements. Through this effort the HPAC seeks to educate homeowners and occupants so that historic resources are better protected. For future years, the HPAC will endeavor to mail the informational pamphlet on a biannual basis, further ensuring that property owners and occupants are regularly informed. A copy of the pamphlet is included in Attachment No. 8.

Fiscal Impact: None.

Prior Council Action:

Visalia City Council Page 4 of 5 Printed on 9/13/2024
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File #: 24-0357 Agenda Date: 9/16/2024 Agenda #: 7.

On August 21, 2023, the City Council accepted the 2022-2023 Annual Report from the Historic Preservation Advisory Committee.

Committee/Commission Review and Action:

The Historic Preservation Advisory Committee discussed the preparation and content of the annual report at its August 28, 2024, meeting.

Recommended Motion (and Alternative Motions if expected):

I move to accept the 2023/2024 Annual Report from the Historic Preservation Advisory Committee.

CEQA Review: Not applicable.

Attachments:

1. Historic Preservation Advisory Committee - Project Reviews January 1, 2023, to June 30, 2024

2. Historic Preservation District Ordinance (2022)

3. Local Register of Historic Structures (2022)

4. Historic District & Local Register Map

5. National Historic Preservation Month Proclamation - May 2024

6. Historic Recognition Program

7. “Walk Through Visalia’s Home History” by Jerome Melgar - Lifestyle Magazine, May 2024.

8. Historic Preservation Mailer

9. Committee Member List
Visalia City Council Page 5 of 5 Printed on 9/13/2024
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January 2023 – December 2023

PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT DESCRIPTION DECISION
HPAC No.
2023-01
1/25/2023
2/8/2023
603 North Court
Street
A request to construct a new
freestanding sign.
1/25/2023: Item continued to
provide applicant with an
opportunity to incorporate
recommendations from the
HPAC.
2/8/2023: Item approved with
modifications.

HPAC No.
2023-02
2/8/2023 512 North Court
Street
A request to perform exterior
renovations to a downtown office
building and garage.

Item approved with
modifications.

HPAC No.
2023-03
2/22/2023 432 South
Church Street
A request for a Conditional Use
Permit (CUP) to establish a
beauty salon and add a
freestanding sign.

Freestanding sign approved,
CUP recommended for approval
by the Visalia Planning
Commission.

HPAC No.
2023-04
2/22/2023 416 North Willis
Street
A request to construct a new
fence.

Item approved.

HPAC No.
2023-05
2/22/2023 216 East
School Avenue
A request to construct a new
fence.

Item approved.

HPAC No.
2023-06
3/8/2023 732 North Floral
Street
A request to perform exterior
alterations to a triplex.

Item approved.

HPAC No.
2023-07
4/13/2023 311 West
Murray Avenue
A request to construct a new
fence.

Item approved.

ATTACHMENT NO. 1
City of Visalia – Historic Preservation Advisory Committee Project Reviews
157

PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT DESCRIPTION DECISION
HPAC No.
2023-08
4/13/2023
5/10/2023
434 & 436
South Garden
Street
A request to perform exterior
alterations on a duplex.
4/13/2023: Item continued to
provide an opportunity for the
applicant to attend the meeting
and answer questions, due to a
substantial number of details
being underdeveloped in the
applicant’s plans.
5/10/2023: Item approved with
modifications.

HPAC No.
2023-09
4/13/2023 601 West
Kaweah
Avenue/ 605
South Willis
Street
A request to modify HPAC No.
2022-15 to alter light fixtures and
window screens for a triplex.

Item approved.

HPAC No.
2023-10
5/10/2023 403 North Floral
Street
A request to replace forty-six
single pane wood windows with
dual pane aluminum clad windows
for an office building.

The item was approved with
significant modification by the
HPAC, permitting only repair of
the existing windows instead of
full replacement as requested by
the applicant.

HPAC No.
2023-11
5/24/2023 512 North Court
Street
A request to modify HPAC No.
2023-02 to perform exterior
renovations to an office building.

Item approved with modifications.

HPAC No.
2023-12
6/28/2023 508, 510, 512,
514, & 516
South Court
Street
A request to conduct repairs to
door frames and replace the front
doors of five residences.

Item approved.
158

PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT DESCRIPTION DECISION
HPAC No.
2023-13
6/14/2023
6/28/2023
8/9/2023
904 West Main
Street
A request to remove and replace
a freestanding sign.
6/14/2023: Item continued to
provide applicant with an
opportunity to attend the meeting
and incorporate
recommendations from the
HPAC.
6/28/2023: Item continued a
second time to provide an
opportunity for the applicant to
incorporate recommendations
from the HPAC into the sign
design.
8/9/2023: Item approved.

HPAC No.
2023-14
6/14/2023 509 North
Locust Street.

A request to conduct exterior
alterations to a residence.

Item approved with modifications.

HPAC No.
2023-15
7/12/2023 432 South
Church Street
A request to construct a
freestanding sign.

Item approved.

HPAC No.
2023-16
8/9/2023 806 South
Church Street
A request to renovate a singlefamily home and add an
accessory dwelling unit in the rear
yard.

Item approved with modifications.

HPAC No.
2023-17
8/23/2023 512 North Court
Street
A request for a modification to a
condition of approval applied via
HPAC Item No. 2023-11, for
exterior renovations to an office
building.

Item approved.

HPAC No.
2023-18
9/27/2023 502 South
Willis Street
A request to construct a
freestanding sign.

Item approved with modifications.
159

PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT DESCRIPTION DECISION
HPAC No.
2023-19
9/13/2023 701 South
Watson Street
A request to replace nine wood
windows with single hung and
casement vinyl windows and add
a gazebo for a residence.

The gazebo request was
approved.

The request to replace nine wood
windows was denied. (see HPAC
No. 2023-23).

HPAC No.
2023-20
10/25/2023 318 West
School Avenue
A request to remodel an existing
residence, including expansion of
an existing covered porch and
addition of a new covered porch.

Item approved with modifications.

HPAC No.
2023-21
11/8/2023 608 North
Church Street
A request to conduct exterior
alterations to a church tower for
Saint Mary’s Catholic Church.

Item approved with modifications.

HPAC No.
2023-22
11/8/2023 515 West
Murray Avenue
A request to add a security gate to
the front entrance of a smoke
shop.

Item approved.

HPAC No.
2023-23
11/8/2023 701 South
Watson Avenue
A request to replace nine wood
windows with single hung and
casement vinyl windows for a
residence.

Item approved, allowing for
replacement of the original wood
windows, with modifications as
follows:
 That the proposal shall
include the reuse of
existing wood screens to
obscure the new vinyl
windows;
 That the existing wood
screens shall be repaired
and/or rebuilt as
necessary to support
reuse on the new vinyl
windows; and
 That once removed, the
applicant preserves the
original wood window
frames.
160

PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT DESCRIPTION DECISION
HPAC No.
2023-24
11/8/2023 1100 West
Center Street
A request to construct an iron
fence.

Item approved with modifications.

HPAC No.
2023-25
12/13/2023 821 South
Court Street
A request to remove and replace
sixteen wood windows with dual
pane vinyl windows, for a
residence.

Item approved with modifications.

HPAC No.
2023-26
12/13/2023 516 West
Myrtle Avenue
A request to remodel an existing
residence and demolish a patio
cover.

Item approved.

HPAC No.
2023-27
12/13/2023 503 North Floral
Street
A request for wall signage for a
church.

Item approved.

January 2024 – June 2024

PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT

DESCRIPTION

DECISION
HPAC No.
2024-01
1/24/2024 203 & 205 East
Laurel Avenue
A request to
conduct exterior
alterations to a
duplex.

Item approved with modifications.

HPAC No.
2024-02
2/14/2024 535 West
Myrtle Avenue
A request to
conduct a reroof for
a single-family
residence and
detached garage,
removing wood
shingles and
replacing with comp
shingle roofing
material.

Item approved.
161

PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT

DESCRIPTION

DECISION
HPAC No.
2024-03
3/27/2024 616 North
Bridge Street
A request to replace
eight wood windows
for the Creative
Center building.

Item approved with modifications.

HPAC No.
2024-04
3/27/2024 415 North
Garden Street
A request to replace
four windows for a
single-family
residence and
replace a garage
door for a detached
garage.

Item approved with modification.

HPAC No.
2024-05
4/10/2024 603 South
Garden Street
A request to replace
fourteen windows
on a single-family
residence and
seven windows on
an accessory
dwelling unit.

Item approved with modification.

HPAC No.
2024-06
4/24/2024 112 East Oak
Avenue
A request to
conduct exterior
alterations to an
adobe building, add
wrought iron
fencing, wall
signage, and
landscaping, for
conversion into a
café.

Item approved with modifications.

HPAC No.
2024-07
4/24/2024 533 North
Locust Street
A request to install
vinyl fencing for a
residence.

Item approved with modifications.

HPAC No.
2024-08
4/24/20-24 745 North
Highland Street
A request to install a
wrought iron fence
for a residence.

Item approved with modifications.
162

PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT

DESCRIPTION

DECISION
HPAC No.
2024-09
5/8/2024 318 West
School Avenue
A request to
remodel an existing
residence,
expanding an
existing covered
porch, adding a new
covered porch, and
removing a
chimney.

Item approved.

HPAC No.
2024-10
5/8/2024 513 North
Encina Street
A request to replace
comp shingle
roofing material on
an existing
residence with
cedar shingles.

Item approved.

HPAC No.
2024-11
5/8/2024 301 West Race
Street
A request to
demolish an
accessory storage
building.

Item approved.

HPAC No.
2024-12
5/22/2024 615 West
Goshen
A request to
construct a wrought
iron fence.

Item approved, with modification.

HPAC No.
2024-13
5/22/2024 523 West Noble
Avenue
A request to
conduct exterior
alterations to an
existing office
building approved
for a medical spa.

Item approved, with modifications.

HPAC No.
2024-14
6/12/2024 220 North
Stevenson
Street
A request to reroof
an office, removing
wood shake and
replacing with cool
roof shingle roofing
material.

Item approved.
163

PROJECT
NUMBER

MEETING

DATE(S)

LOCATION PROJECT

DESCRIPTION

DECISION
HPAC No.
2024-15
6/12/2024
6/26/2024
530 North
Locust Street
A request to
remodel an existing
fourplex.
6/12/2024: Item continued to provide applicant
with an opportunity to attend the meeting and
provide additional information.
6/26/2024: Item approved with modifications.

HPAC No.
2024-16
6/26/2024 512 West
Goshen
Avenue
A request to install a
wrought iron fence.

Item approved.

HPAC No.
2024-17
6/26/2024 320 North Court
Street
A request to install a
chain link fence for
the Christian Faith
Fellowship church.

Item approved.

HPAC No.
2024-18
6/26/2024 719 South
Court Street
A request to
conduct exterior
alterations to a
detached garage
being converted into
an accessory
dwelling unit.

Item approved with modifications.
164

VISALIA MUNICIPAL CODE
TITLE 17, Zoning Ordinance
Chapter 17.56 Historic Preservation District
Sections:

17.56.010 Purposes and intent.

17.56.020 Components of the chapter.

17.56.030 Definitions.

17.56.040 Regulation of structures.

17.56.050 Creation of historic preservation advisory committee.

17.56.060 Appeal.

17.56.070 Demolition or moving of historic structures.

17.56.080 Ordinary maintenance and repair.

17.56.090 Exceptions to Visalia Municipal Code requirements.

17.56.100 Building design compatibility criteria.

17.56.110 Local register structures.

17.56.120 Fencing and wall design criteria

17.56.130 Role of building official.

17.56.140 Separability.

17.56.010 Purposes and intent.

A. There is created a historic district, the boundaries of which are shown on the two maps entitled, "Historic District Overlay," which accompany the ordinance codified in this chapter and which are on file in the office of the city clerk, on the 19th day of November, 1979 and dated 19th day of November, 1979. Said maps are adopted and made a part of this chapter.

B. This chapter is enacted to preserve and promote the public health, safety and welfare of the residents of the city, and to express the commitment of the city to assure that the city's cultural heritage, as reflected in its historic structures, sites, and features is not destroyed, through:

1. The protection and preservation of historic structures;

2. The preservation and maintenance of historic residential areas as cohesive neighborhood units;

3. The enhancement of property values in the older areas of the city; 165

4. The assurance that the community's cultural heritage, as reflected in the environment, is not lost;

5. The encouragement of the development of vacant and incompatibly developed properties in accordance with the character of the historic district;

6. The involvement of residents of the older areas in planning their own neighborhoods. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7700)

17.56.020 Components of the chapter.

This chapter shall include:

1. The ordinance, which specifies the historic district overlay designation, design evaluation criteria, and the formation, powers and duties of a historic preservation advisory committee;

2. Creation of a local register of historic structures, sites and features that may be modified from time to time by resolution of the city council.

3. Two maps that designate the historic district overlay. (Ord. 2017-01 (part), 2017:

Ord. 2001-13 § 4 (part), 2001: prior code § 7701)

17.56.030 Definitions.

A. All definitions, general and specific, set forth in Section 17.04.030 shall be applicable to this chapter.

B. Definitions.
"Construction" means any building activity requiring the issuance of a building permit, except for any activity that does not affect the exterior appearance of the structure. "Enlargement" means construction that results in the expansion of the gross floor area of a structure.
"Historic structure" means a structure listed on the Local Register. "Local register" means the listing of local historic structures, sites and features adopted by the city council and maintained by the historic preservation advisory committee, and incorporated herein by reference. This designation is inclusive of all structures and features located within the boundaries of the property for which the Local register designation has been applied. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7702)
“Local register, Background” means properties that may not be historically significant or unique in their construction, but which contribute positively to the “visual fabric” of the City of Visalia.
166
“Local register, Exceptional” means properties with preeminent historical significance, considered for nomination to the California Register of Historical Resources and/or National Register of Historic Places.
“Local register, Focus” means properties having significant value, of good to excellent quality, considered for local recognition and protection.

17.56.040 Regulation of structures.

No structure shall be constructed, altered or enlarged that is located in the historic district or that is listed on the local register, unless such a permit is issued pursuant to the terms of this chapter. No structure listed on the local register shall be moved or demolished unless a permit is issued pursuant to the terms of this chapter. (Ord. 2017- 01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7703)

17.56.050 Creation of historic preservation advisory committee.

In order to execute the purposes declared in this chapter, there is created a historic preservation advisory committee.

A. Committee Membership.

1. The historic preservation advisory committee shall consist of seven members appointed by the city council to serve without compensation. All committee members shall be residents of the city at the time of their appointment and will lose their position if they move outside the city limits during their term of office. Members shall be appointed on the basis of:
a. Relevant professional or business qualifications;
b. Ownership of property within the historic district;
c. Practical experience in restoration or preservation; d. Exceptional civic interest.
e. Terms of office shall be for two years.

2. Vacancies that may occur on the committee shall be filled by appointment of a new member of the city council for the duration of the unexpired term of office. The Council has the option of appointing up to two Historic Preservation Advisory Committee alternates. Should a mid-term vacancy occur, an alternate may automatically fill the unexpired term. The council shall also have the power to remove any member from the committee by an affirmative vote of three council members.

3. Four members of the committee shall constitute a quorum for the transaction of business.

B. Procedures for the Review of Applications. The operating procedures of the historic preservation advisory committee shall be prescribed from time to time by resolution of the city council, for the purpose of carrying into effect the standards and specifications of this 167
chapter. The committee may adopt, amend, and repeal rules and regulations governing the conduct of its meetings, as long as said rules do not violate the procedures established by the city council or the terms of this chapter.

C. Duties and Responsibilities. The historic preservation advisory committee shall review applications only as specified in this chapter, consistent with the rules and regulations adopted from time to time by resolution of the city council (as referred to in Section 17.56.050(B)). Applications shall be approved or disapproved based solely on the considerations set forth in this chapter. It is the intent of this chapter that the historic preservation advisory committee shall encourage applicants to make alterations and repairs to structures in the spirit of the architectural style of the structure. The duties and responsibilities of the historic preservation advisory committee shall include the following:

1. It shall be the duty of the historic preservation advisory committee to review all proposed zoning actions (zone changes, conditional use permits, special zoning exceptions, planned unit developments and variances) within the historic district. The committee may recommend approval, conditional approval, modification or disapproval of an application based upon the expected impact of the proposed zoning action on the historic or architectural significance of the affected structure(s), neighborhood, or the entire historic district. The committee's recommendation shall be forwarded to the planning commission for its consideration.

2. It shall be the duty of the historic preservation advisory committee to review all applications for site plan review permits within the historic district for compliance with the provisions of this chapter. Items that shall be subject to review by the committee include but are not limited to vehicular access, location and screening of parking, setbacks, location of service use areas, walls and landscaping. The committee may recommend approval, conditional approval, disapproval or resubmittal of the site plan review permit application. The committee's recommendation shall be forwarded to the site plan review committee for its consideration.

3. It shall be the duty of the historic preservation advisory committee to review all applications for the construction or exterior alteration or enlargement of structures within the historic district or on the local register. The committee shall have the power to approve, modify or disapprove such applications before a building permit can be issued, subject to the provisions of Sections 17.56.100 and 17.56.110.

4. It shall be the duty of the historic preservation advisory committee to review all applications for sign permits within the historic district or for properties listed on the local register. The committee may recommend approval, conditional approval or denial of the sign permit application based upon the proposed design and/or materials, but not upon the proposed size or location. The application shall then be presented to the proper issuing authority for sign permits, pursuant to Chapter 17.48. Sign permits shall be issued only in compliance with the recommendation of the committee. Approval by the committee in no way implies approval by the issuing authority for sign permits, whose approval must also be secured pursuant to Chapter 17.48.

5. It shall be the duty of the historic preservation advisory committee to review all applications for the moving or demolition of structures in the historic district or listed on 168
the local register. The committee shall have the power to approve, conditionally approve, or disapprove such applications, subject to the provisions of Section 17.56.130.

6. It shall be the duty of the historic preservation advisory committee to compile and update the historic survey and inventory, and to nominate properties to the local register, the California Register of Historical Resources, and the National Register of Historic Places. In selecting properties for nomination to the local register, the board shall consider:
a. Architectural significance and style;
b. Historic significance, including age of structure, original owners, and events related to the structure, site or original owners.

The committee shall review the local register every five years, make recommendations for the addition or deletion of structures or sites, and submit said recommendations to the planning commission and city council for certification.

7. Permits may be issued for air conditioners, electrical work and plumbing work that is visible from a public right-of-way when the chief building official determines that the work insignificantly affects the exterior of a structure, or that reasonable alternatives as to location or screening have been employed. The building official may forward to the historic preservation advisory committee applications for permits for this type of work when it appears that the appearance of a structure may be significantly altered. This subsection shall not apply to the following types of permit applications:

1. Reroofing with like materials;

2. Residing with like materials;

3. Swimming pools;

4. Masonry repairs with like materials;

5. Chimney repair with like materials. (Ord. 2017-01 (part), 2017: Ord. 2008-11 § 1, 2008: Ord. 2001-13 § 4 (part), 2001: prior code § 7704)

8. Sites within the historic district or on the local register shall reserve a minimum 50% of the required front yard setback area for the purposes of landscaping.

17.56.060 Appeal.

Any person or persons jointly or severally aggrieved by a decision of the historic preservation advisory committee may make an appeal in writing therefrom to the city council within ten days of said action. The city council, after proceeding in the manner as provided therein and with the same power and authority there invested in passing upon appeals before it under the provisions of law and this chapter and in the exercise thereof, may reverse, affirm or modify or affirm as modified the action of the historic preservation advisory committee. Appeals of a decision of the site plan review committee shall be filed with the planning commission in the manner prescribed in Section 17.28.050. (Ord. 2017- 01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7705) 169

17.56.070 Demolition or moving of historic structures.

A. The demolition of structures listed on the local register, and the moving of local register structures from their sites, shall be discouraged. The historic preservation advisory committee shall review all applications for demolition or moving permits for structures on the local register and for any structures within the historic district boundaries.

B. After due consideration, the committee shall exercise one of the options listed below:

1. The committee may approve the demolition permit if it finds that the structure is a hazard to public health or safety, as determined by the building official or his designee, in consultation with the historic preservation advisory committee.

2. The committee may decide that up to a six-month moratorium be placed upon the processing of the demolition or moving permit, in order to allow time for the applicant and the committee to find alternative uses for the structure and to seek alternative solutions to the demolition or moving of the structure. If no alternatives are found, after the sixmonth moratorium has expired, the committee must approve the application.

3. The committee may deny an application for demolition. Denial of a demolition permit by the committee is subject to appeal to the city council pursuant to Section 17.56.060.

4. The committee may approve the application.

C. When an application is acted upon, the committee shall notify the building official of the approval, conditional approval or denial. Upon receipt of said notification, the building official shall process the application accordingly. If, after six months from the date of filing of the application, the building official has not received such notification, a permit may be issued. Approval of a permit application by the committee in no way implies approval by the building official, whose approval must also be secured. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7706)

17.56.080 Ordinary maintenance and repair.

Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within the historic district; provided such work involves no change that requires issuance of a building permit. Nothing in this chapter shall be construed to prevent the construction, reconstruction, alteration or demolition of any feature that, in the view of the proper authority acting lawfully, is required for the public safety because of an unsafe or dangerous condition. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7708)

17.56.090 Exceptions to Visalia Municipal Code requirements.

Due to the peculiar conditions of design and construction in historic neighborhoods where structures were sometimes built close to lot lines, and where ownership patterns have changed over the years, it is sometimes in the public interest to retain the historic appearance of a neighborhood by making an exception to normal setback, parking, 170
landscaping, fencing and screening requirements of the Visalia Municipal Code, where such an exception does not interfere with the public health or safety. Within the historic district, where it is deemed that such an exception is warranted and will not adversely affect neighboring properties, the historic preservation advisory committee may initiate and/or recommend to the planning commission that such exception to Visalia Municipal Code requirements be made. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7709)

17.56.100 Building design compatibility criteria.

This section contains criteria for reviewing all applications for new construction and sign permits within the historic district, and for any rehabilitation, renovation, alteration, reconstruction, or enlargement affecting the exterior appearance of any structure within the historic district that is not listed on the local register, which requires the issuance of a building permit. Each application shall be considered in terms of its compatibility or complementariness with a majority of structures in the immediately surrounding area. In reviewing an application, the historic preservation advisory committee shall consider the following general design standards and principles:

A. Height and Scale. New buildings should be constructed to a height within a reasonable average height of existing adjacent buildings.

B. Spacing of Buildings on Street. A rhythm of recurrent building masses to separations should be retained.

C. Relationship of Materials and Textures. Choice of building materials and texture (smooth and rough) should enhance the desired neighborhood qualities such as compatibility, similarity and continuity.

D. Relationship of Architectural Details and Roof Shapes. Choice of architectural details and roof shape should insure compatible appearance with surrounding structures.

E. Landscaping. Landscaping should reflect the predominant quality and quantity of landscaping within the surrounding area. The concern here is more with mass and continuity.

F. Directional Expression of Front Elevations. Structural shape, placement of openings, and architectural details should be used to give a compatible appearance with adjacent structures that may be horizontal, vertical or nondirectional in nature. (Ord. 2017- 01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7710)

17.56.110 Local register structures.

This section contains criteria for reviewing all applications for building permits for exterior rehabilitation, renovation, alteration, reconstruction, or enlargement of any local register structure, and for any interior modification that requires the issuance of a building permit for a publicly owned and publicly accessible local register structure. In reviewing an application, the historic preservation advisory committee shall consider the following general standards and principles:
171
A. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building structure, or site and its environment, or to use a property for its originally intended purpose.

B. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

C. All buildings, structures and sites shall be recognized as products of their own time.

Alterations that have no historic basis and that seek to create an earlier appearance shall be discouraged.

D. Changes, which may have taken place in the course of time, are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

E. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure or site, shall be treated with sensitivity.

F. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities.

Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

G. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken, without prior approval of the historic preservation advisory committee.

H. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any acquisition, protection, stabilization, preservation, rehabilitation, restoration or reconstruction project. (Ord. 2710 (part), 2017:

Ord. 2001-13 § 4 (part), 2001: prior code § 7711)

17.56.120 Fencing and wall design criteria.

This section contains criteria for reviewing all applications for new fencing and walls within the historic district or on the local register, and for any application for rehabilitation, renovation, alteration, reconstruction, or enlargement of fencing and walls within the historic district or on the local register. In reviewing an application, the historic preservation advisory committee shall consider the following general standards and principles:
172
A. Fencing proposals shall be used to form continuous cohesive walls of enclosure along the street, and shall be compatible with the architectural style of the main building and historic district.

B. If historic walls or fencing exist on a property, preference should be given to repair of the existing fencing or wall to restore its original appearance to the extent possible. If removal and replacement of historic fencing and walls is proposed, preference should be given to the use of like materials to preserve the appearance of the original fencing or wall.

C. Proposals for new fencing or walls should be compatible with the character and architectural elements of the historic structure onsite and its period of original construction.

D. Appropriate materials for fencing and walls shall include, but not be limited to, landscape masses, wood, wood pickets, wrought iron, cast iron, masonry walls, brick, stone, decorative wire, and vinyl materials that mimic the appearance of painted wood.

E. Proposals for chain link fencing in areas visible from the street shall be discouraged. The historic preservation advisory committee may grant an application for chain link fencing along public streets if, on the basis of the application and the evidence submitted, the committee makes one of the following findings:

1. That the proposed chain link fencing is compatible with the historic structure and the neighborhood;

2. That sufficient evidence has been provided indicating that the applicant will experience an economic hardship should the chain link fencing not be permitted to be placed onsite;

17.56.130 Role of building official.

A. The building official shall refuse to issue all building or sign permits based upon an application disapproved by the historic preservation advisory committee, unless such application is later approved by the city council. The building official may approve any application approved or conditionally approved by the committee at such time as any conditions specified in such conditional approval are clearly indicated by the applicant on the plans presented to the building official for approval. If an appeal to the city council is filed within ten days from the date of committee approval of an application, no permit shall be issued until the outcome of said appeal is finally determined by the city council.

B. After a building permit has been issued, the building official or his/her designee shall from time to time inspect the construction, alteration or enlargement approved by the committee and shall take such action as is necessary to assure compliance with the approved plans. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7712)

17.56.140 Separability.

The provisions of this chapter shall be deemed to be severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the 173
decision of the court shall not impair any of the remaining provisions. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7707) 174
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Evans Ditch
Jennings Ditch
Mill Creek
E Tulare Ave
W Mineral King Ave
E Mineral King Ave
W Main St
W Tulare Ave
E Noble Ave
S Mooney Blvd
N Ben Maddox Way
S Giddings St
W Murray Ave
N Mooney Blvd
N Court St
E Acequia Ave
N Divisadero St
N Santa Fe St
N Hall St
S Conyer St
S Locust St
S Court St
N Locust St
NW 2nd Ave
W Acequia Ave
N Willis St
N Burke St
W Center Ave
E Main St
W Noble Ave
Hwy 198
E Center Ave
E Murray Ave
N Bridge St
N Giddings St
S Willis St
S Bridge St
NE 3rd Ave
S Santa Fe St
NW 3rd Ave
W Goshen Ave
N Jacob St
S Burke St
S Ben Maddox Way
E Goshen Ave
Road Class
Collector
Highway
Local
Major Arterial
Minor Arterial
Other
Ramp
Service
Railroad
Waterways
City Limits
Parcels
!( Local Registry
Historical District ¯
0 0.050.1 0.2 0.3 0.4
Miles
Historic District and Local Register Map
175

ADDRESS DIR STREET CLASSIFICATION MAIN STYLE SUB STYLE
407 NE 1st Ave Exceptional Period Revival Colonial Revival 220 NW 1st Ave Focus Victorian Queen Anne
309 NW 1st Ave Background Vernacular N/A
316 NW 1st Ave Background Vernacular N/A
318 NW 1st Ave Background Vernacular N/A
211 NW 2nd Background Craftsman Bungalow
312 NW 2nd Background Vernacular N/A
315 NW 2nd Background Vernacular N/A
111 W Acequia Ave Exceptional Modern Art Deco
820 W Acequia Ave Focus Craftsman Airplane Bungalow
430 S Bridge St Background Vernacular N/A
433 S Bridge St Background Vernacular N/A
436 S Bridge St Background Vernacular N/A
446 S Bridge St Background Craftsman Bungalow
448 S Bridge St Background Craftsman Bungalow
500 S Bridge St Background Craftsman Bungalow
308 E Center Ave Background Vernacular
(Commercial) N/A
401 E Center Ave Exceptional Vernacular
(Commercial) N/A
413 & 417 E Center Ave Exceptional Vernacular
(Commercial) N/A
108 W Center Ave Exceptional Vernacular
(Commercial) N/A
210 W Center Ave Focus Vernacular
(Commercial) N/A
902 W Center Ave Background Craftsman Bungalow
904 W Center Ave Background Craftsman Bungalow
910 W Center Ave Focus Craftsman Bungalow
911 W Center Ave Background Craftsman Bungalow
913 W Center Ave Background Craftsman Bungalow
914 W Center Ave Focus Craftsman Bungalow
915 & 917 W Center Ave Focus Craftsman Bungalow
1007 W Center Ave Focus Craftsman Bungalow
1011 W Center Ave Background Craftsman Bungalow
City of Visalia
Local Register of Historic Structures
Last update: August 1, 2022
176
1013 W Center Ave Focus Craftsman Airplane Bungalow
1100 W Center Ave Background Vernacular N/A
1101 W Center Ave Background Vernacular N/A
1105 W Center Ave Focus Craftsman Bungalow
1110 W Center Ave Focus Period Revival Tudor Revival
1115 W Center Ave Focus Craftsman Bungalow
1116 W Center Ave Background Craftsman Bungalow
1300 W Center Ave Focus Period Revival Tudor Revival
1304 W Center Ave Background Craftsman Bungalow
1307 W Center Ave Focus Period Revival Colonial Revival 113 N Church St Renaissance Revival
128 E Main St
303 N Church St Italianate
120 E Oak Ave
319 N Church St Focus Period Revival Colonial Revival
400 N Church St Focus Craftsman Bungalow
406 N Church St Focus Period Revival Colonial Revival
414 N Church St Background Vernacular N/A
421 N Church St Focus Craftsman Bungalow
520
N
Church St Exceptional Period Revival
Spanish Colonial
Revival (Spanish
Eclectic)
535 N Church St Focus Craftsman Prairie
601 N Church St Focus Craftsman Airplane Bungalow
605 N Church St Focus Vernacular N/A
608 N Church St Exceptional Period Revival Mission Revival 609 N Church St Focus Vernacular N/A
615 N Church St Focus Vernacular N/A
617 N Church St Focus Vernacular N/A
121 S Church St Exceptional Vernacular
(Commercial) N/A
431 S Church St Background Craftsman Bungalow
436 S Church St Exceptional Period Revival Dutch Colonial Revival
437 S Church St Exceptional Craftsman Shingle
444 S Church St Focus Vernacular N/A
449 S Church St Exceptional Victorian Second Empire
507 S Church St Background Victorian Stick (Eastlake)
511 S Church St Focus Victorian Stick (Eastlake)
512 S Church St Background Vernacular N/A
Exceptional Period Revival
(Commercial)
Exceptional Victorian
(Commercial)
177
515 S Church St Focus Craftsman Bungalow
600 S Church St Background Vernacular N/A
601 S Church St Background Craftsman Bungalow
609 S Church St Focus Period Revival Colonial Revival
616 S Church St Background Vernacular N/A
621 S Church St Background Vernacular N/A
626 S Church St Background Vernacular N/A
628 S Church St Background Vernacular N/A
707 S Church St Background Vernacular N/A
710 S Church St Background Craftsman Bungalow
711 S Church St Background Craftsman Bungalow
721 S Church St Background Craftsman Bungalow
726 S Church St Background Craftsman Bungalow
728 S Church St Background Craftsman Bungalow
810 S Church St Background Craftsman Bungalow
821 S Church St Background Craftsman Airplane Bungalow
825 S Church St Bungalow
114 E Tulare Ave
602 S Conyer St Background Craftsman Bungalow
210 N Court St Exceptional Modern Art Deco
320 N Court St Focus Period Revival Mission Revival
410 N Court St Focus Craftsman Bungalow
420 N Court St Exceptional Period Revival Colonial Revival 500 & 506 N Court St Focus Craftsman Prairie
521 N Court St Background Vernacular N/A
525 N Court St Exceptional Victorian Queen Anne
603 N Court St Exceptional Craftsman Bungalow
711 N Court St Focus Vernacular
(Commercial) N/A
500 S Court St Exceptional Victorian Queen Anne
501 S Court St Exceptional Craftsman Bungalow
506 S Court St Background Victorian Stick (Eastlake)
507 S Court St Background Vernacular N/A
508, 510,
512, 514, &
516
S Court St Focus Cluster Cottage Craftsman -
Bungalow
608 S Court St Background Period Revival Tudor Revival
Focus Craftsman
178
612
S Court St Background Craftsman Bungalow
614S Court St Exceptional Victorian Stick (Eastlake)
615S Court St Background Craftsman Bungalow
618S Court St Background Victorian Stick (Eastlake)
620S Court St Background Craftsman Bungalow
700S Court St Focus Victorian Queen Anne
702S Court St Focus Period Revival Colonial Revival
705S Court St Exceptional Period Revival Colonial Revival 717S Court St Focus Period Revival Colonial Revival
719S Court St Focus Craftsman Airplane Bungalow
720S Court St Background Craftsman Airplane Bungalow
724S Court St Focus Victorian Gothic
727S Court St Exceptional Period Revival Tudor Revival
802S Court St Background Craftsman Bungalow
805S Court St Background Craftsman Bungalow
811S Court St Background Period Revival N/A
812S Court St Background Craftsman Bungalow
815S Court St Background Period Revival Pueblo Revival
816S Court St Background Craftsman Bungalow
817S Court St Focus Period Revival Mission Revival
820S Court St Exceptional Craftsman Bungalow
824S Court St Background Craftsman Bungalow
905S Court St Background Craftsman Bungalow
910S Court St Focus Victorian Italianate
915S Court St Background Craftsman Bungalow
919S Court St Background Craftsman Bungalow
921S Court St Background Craftsman Bungalow
944S Court St Focus Period Revival Colonial Revival
307N Encina St Focus Craftsman Bungalow
500N Encina St Focus Craftsman Prairie/Craftsman
Bungalow
508N Encina St Background Craftsman Bungalow
513N Encina St Exceptional Victorian Stick (Eastlake)
524N Encina St Background Vernacular N/A
529N Encina St Background Vernacular N/A
537N Encina St Focus Victorian Stick (Eastlake)
601N Encina St Exceptional Vernacular N/A
609N Encina St Exceptional Victorian Second Empire
610N Encina St Focus Craftsman Bungalow
616N Encina St Background Vernacular N/A
179
617
N Encina St Exceptional Victorian Queen Anne
623N Encina St Focus Victorian Stick (Eastlake)
627N Encina St Focus Period Revival Colonial Revival
630N Encina St Background Period Revival Tudor Revival
631N Encina St Exceptional Period Revival Colonial Revival 632N Encina St Focus Period Revival Tudor Revival
707S Encina St Background Cluster Cottage Modern - Minimal Traditional
709S Encina St Background Cluster Cottage Modern - Minimal Traditional
301N Fairway St Exceptional Period Revival
Spanish Colonial
Revival (Spanish
Eclectic)
403N Floral St Exceptional Craftsman/Period
Revival
Bungalow/Colonial
Revival
613N Floral St Focus Victorian Stick (Eastlake)
703N Floral St Background Vernacular N/A
723N Floral St Background Vernacular N/A
733N Floral St Focus Craftsman Shingle
829N Floral St Background Craftsman Shingle
309N Garden St Focus Vernacular
(Commercial) N/A
407
N Garden St Focus Victorian Stick (Eastlake)
411N Garden St Background Vernacular N/A
415N Garden St Focus Craftsman Bungalow
500N Garden St Focus Modern Art Moderne
700N Garden St Background Victorian Queen Anne
426S Garden St Focus Craftsman Bungalow
427S Garden St Focus Craftsman Bungalow
429S Garden St Background Vernacular N/A
431S Garden St Focus Craftsman Bungalow
432S Garden St Background Craftsman Bungalow
435S Garden St Background Vernacular N/A
449S Garden St Background Vernacular N/A
513S Garden St Exceptional Period Revival Colonial Revival 515S Garden St Background Vernacular N/A
533S Garden St Background Vernacular N/A
603S Garden St Background Vernacular N/A
702S Garden St Background Period Revival Colonial Revival 709S Garden St Background Period Revival N/A
180
801 S Garden St Background Craftsman Bungalow
803 S Garden St Background Craftsman Bungalow
805 S Garden St Background Craftsman Bungalow
807 S Garden St Background Craftsman Bungalow
408 W Goshen Ave Focus Period Revival Colonial Revival
410 & 412 W Goshen Ave Focus Period Revival Colonial Revival 411 W Goshen Ave Focus Craftsman Bungalow
415 W Goshen Ave Focus Period Revival Colonial Revival
506 W Goshen Ave Focus Period Revival Colonial Revival
511 W Goshen Ave Focus Victorian Stick (Eastlake)
601 W Goshen Ave Focus Victorian Folk
612 W Goshen Ave Background Vernacular N/A
619 W Goshen Ave Background Vernacular N/A
721 W Goshen Ave Background Vernacular N/A
722 W Goshen Ave Focus Vernacular N/A
731 W Goshen Ave Focus Vernacular N/A
1300 W Goshen Ave Exceptional Victorian Gothic
208 W Grove Ave Exceptional Period Revival Colonial Revival 218 W Grove Ave Focus Venacular N/A
300 W Grove Ave Exceptional Period Revival Colonial Revival 401 W Grove Ave Exceptional Period Revival Neoclassical Revival 411 W Grove Ave Focus Craftsman Shingle
500 W Grove Ave Focus Craftsman Bungalow
504 W Grove Ave Background Period Revival Dutch Colonial Revival
508 W Grove Ave Focus Craftsman Bungalow
701 N Highland St Background Craftsman Bungalow
714 N Highland St Focus Craftsman Shingle
719 N Highland St Exceptional Craftsman Shingle
727 N Highland St Exceptional Craftsman Shingle
733 N Highland St Focus Period Revival Tudor Revival
739 N Highland St Focus Period Revival Tudor Revival
745 N Highland St Background Period Revival Tudor Revival 807 N Highland St Exceptional Craftsman Bungalow
810 N Highland St Focus Period Revival Mediterranean
Revival
826 N Highland St Background Period Revival Mediterranean Revival
721 N Jacob St Background Vernacular N/A
505 W Kaweah Ave Focus Victorian Stick (Eastlake)
181
511 W Kaweah Ave Background Craftsman Bungalow
512 W Kaweah Ave Focus Craftsman Bungalow
515 & 517 W Kaweah Ave Focus Period Revival Mission Revival 516 W Kaweah Ave Background Craftsman Bungalow
526 W Kaweah Ave Background Craftsman Bungalow
527 W Kaweah Ave Focus Craftsman Bungalow
535 W Kaweah Ave Focus Craftsman Bungalow
600 W Kaweah Ave Focus Craftsman Bungalow
601 W Kaweah Ave Minimal Traditional
605 S Willis St
605 W Kaweah Ave Background Craftsman Bungalow
609 W Kaweah Ave Focus Craftsman Bungalow
610 & 612 W Kaweah Ave Focus Period Revival N/A
614 W Kaweah Ave Focus Craftsman Bungalow
620 W Kaweah Ave Background Craftsman Bungalow
700 W Kaweah Ave Background Modern Minimal Traditional
713 W Kaweah Ave Focus Craftsman Bungalow
715 W Kaweah Ave Focus Craftsman Bungalow
809 W Kaweah Ave Exceptional Craftsman Bungalow
815 W Kaweah Ave Focus Period Revival Mediterranean
Revival
417 N Locust St Exceptional Period Revival N/A
509 N Locust St Focus Victorian Queen Anne
515 N Locust St Focus Victorian Queen Anne
518 N Locust St Focus Victorian Stick (Eastlake)
519 N Locust St Focus Vernacular N/A
523 N Locust St Focus Victorian Stick (Eastlake)
533 N Locust St Focus Vernacular N/A
535 N Locust St Focus Vernacular N/A
539 N Locust St Focus Victorian Queen Anne
119 S Locust St Exceptional Period Revival
(Commercial) Neoclassical Revival
438 S Locust St Focus Craftsman Airplane Bungalow
504 S Locust St Focus Period Revival N/A
515 S Locust St Exceptional Craftsman Bungalow
618 S Locust St Background Period Revival Tudor Revival 624 S Locust St Background Vernacular N/A
714 S Locust St Focus Period Revival Tudor Revival
905 S Locust St Background Period Revival Mission Revival 912 S Locust St Background Period Revival Mission Revival Background Modern
182
300 W Main St Exceptional Period Revival
(Commercial)
Spanish Colonial
Revival (Spanish
Electic)
708 W Main St Focus Cluster Cottage Period Revival -
Tudor Revival
809 W Main St Focus Craftsman Bungalow
900 W Main St Focus Craftsman Bungalow
904 W Main St Focus Craftsman Bungalow
918 W Main St Background Craftsman Bungalow
1000 W Main St Focus Craftsman Bungalow
1001 W Main St Focus Period Revival
Spanish Colonial
Revival (Spanish
Electic)
1001 W Main St Exceptional Period
Revival/Modern
Mission Revival/Art
Deco
1002 W Main St Focus Craftsman Bungalow
1004 W Main St Focus Craftsman Airplane Bungalow
1010 W Main St Background Craftsman Bungalow
1102 W Main St Focus Craftsman Bungalow
1120 W Main St Focus Period Revival Mediterranean
Revival
1220 W Main St Focus Period Revival Mediterranean
Revival
1300 W Main St Exceptional Period Revival Mission Revival 128 W Mineral King Exceptional Modern Art Deco
604 S Mooney Exceptional Modern Art Moderne
307 W Murray Ave Exceptional Victorian Shingle
310 W Murray Ave Focus Victorian Queen Anne
311 W Murray Ave Focus Victorian Queen Anne
319 W Murray Ave Background Vernacular N/A
516 W Myrtle Ave Background Craftsman Bungalow
520 W Myrtle Ave Focus Period Revival N/A
534 W Myrtle Ave Exceptional Period Revival Tudor Revival 535 W Myrtle Ave Focus Modern Minimal Traditional
600 W Myrtle Ave Focus Craftsman Bungalow
606 W Myrtle Ave Focus Craftsman Bungalow
611 W Myrtle Ave Background Craftsman Bungalow
612 W Myrtle Ave Background Craftsman Bungalow
614 W Myrtle Ave Focus Period Revival N/A
615 W Myrtle Ave Exceptional Period Revival Tudor Revival 183
700 W Myrtle Ave Background Modern Minimal Traditional
707 W Myrtle Ave Focus Craftsman Bungalow
708 W Myrtle Ave Focus Craftsman Bungalow
801 W Myrtle Ave Exceptional Period Revival Tudor Revival 805 W Myrtle Ave Exceptional Period Revival Tudor Revival 809 W Myrtle Ave Focus Craftsman Bungalow
523 W Noble Ave Focus Craftsman Bungalow
615 W Noble Ave Focus Craftsman Bungalow
701 W Noble Ave Background Craftsman Airplane Bungalow
705 W Noble Ave Background Period Revival Mission Revival 709 W Noble Ave Focus Craftsman Airplane Bungalow
715 W Noble Ave Focus Craftsman Bungalow
112 E Oak Ave Exceptional Period Revival Mission Revival 204 E Oak Ave Exceptional Period Revival Neoclassical Revival 207 E Oak Ave Exceptional Period Revival
(Commercial) Mission Revival
214 E Oak Ave Exceptional Vernacular
(Commercial) N/A
242 E Oak Ave Focus Vernacular
(Commercial) N/A
201 W Oak Ave Exceptional Period Revival Colonial Revival 200 & 202 W Oak Ave Exceptional Period Revival Mediterranean Revival
308 W Oak Ave Focus Period Revival Tudor Revival
312 W Oak Ave Focus Period Revival Colonial Revival
510 W Oak Ave Focus Craftsman Bungalow
735 W Oak Ave Focus Craftsman Airplane Bungalow
814 W Oak Ave Background Craftsman Airplane Bungalow
501 S Oak Park St Background Period Revival Mission Revival 218 W Olive Vernacular Vernacular N/A
410 E Race Ave Focus Vernacular
(Commercial) N/A
420 E Race Ave Focus Vernacular
(Commercial) N/A
315 W Race Ave Focus Craftsman Shingle
415 W Race Ave Focus Period Revival N/A
417 W Race Ave Background Craftsman Bungalow
184
425 W Race Ave Exceptional Period
Revival/Craftsman
Bungalow/Spanish
Colonial Revival
(Spanish
Eclectic)/Bungalow
432 W Race Ave Background Cluster Cottage Modern - Minimal Traditional
501 S Santa Fe St Background Victorian Queen Anne
120 W School Ave Background Period Revival Colonial Revival 307 W School Ave Focus Cluster Cottage Period Revival - Tudor Revival
318 W School Ave Focus Victorian Stick (Eastlake)
319 W School Ave Exceptional Period Revival Colonial Revival 406 W School Ave Focus Craftsman Bungalow
507 W School Ave Focus Victorian Folk
301 N Stevenson St Focus Victorian Folk
825 N Stevenson St Background Period Revival N/A
1015 N Stevenson St Focus Victorian Gothic
514 & 520 S Stevenson St Background Modern Ranch (Rambler) 101 W Tulare Ave Exceptional Period Revival Neoclassical Revival 509 S Watson St Focus Period Revival N/A
635 & 637 S Watson St Focus Craftsman Bungalow
701 S Watson St Exceptional Craftsman Bungalow
218 N West St Background Craftsman Bungalow
505 N West St Focus Craftsman Shingle
820 N West St Background Craftsman Bungalow
933 N West St Background Craftsman Bungalow
937 N West St Background Vernacular N/A
1019 N West St Focus Victorian Stick (Eastlake)
600 N Willis St Background Period Revival Mediterranean Revival
615 N Willis St Exceptional Craftsman Bungalow
700 N Willis St Exceptional Craftsman Bungalow
701 N Willis St Focus Craftsman Bungalow
711 N Willis St Focus Craftsman Bungalow
714 N Willis St Focus Period Revival Tudor Revival
715 N Willis St Focus Craftsman Bungalow
719 N Willis St Focus Craftsman Bungalow
720 N Willis St Focus Period Revival N/A
722 N Willis St Exceptional Period Revival Tudor Revival 725 N Willis St Focus Craftsman Bungalow
185
731 N Willis St Focus Craftsman Bungalow
737 N Willis St Focus Craftsman Bungalow
810 N Willis St Background Vernacular N/A
186
TOTAL 349
187
188
This document last revised: 07/13/2020 11:07 AM
City of Visalia
Historic Recognition Program
I. Summary of HRP
The Historic Recognition Program (HRP) allows interested building owners an opportunity to be considered for a plaque to identify the building and its local historical significance to the community.

II. Program background
Founded in 1852, Visalia is the oldest town in the Valley between Los Angeles almost to Stockton. Visalia sprang up out of the middle of an oak forest and the earliest settlers built a log fort for security. Soon they abandoned the fortification and began building a community.

As one of the earliest inland communities, Visalia played a vital role in the growth and development of the Southern San Joaquin Valley and as a result became an important town in California history. The town’s historic buildings are a reminder of the rich history of the land, people and events. The plaque would identify these structures as a visible, important link to our past.

III. Purpose of HRP
The purpose of HRP is to draw attention to the historic character of Visalia by identifying historic structures with plaques. Benefits include:
 Development and enhancement of community pride and charm;  Education of the community about Visalia history.

IV. Plaque process
 The HPAC Committee will review ‘qualified’ structures nominated by either the owner of the building or members of the community, with the written consent of the building owner.
 By majority vote, the committee will determine the recipient of the plaque.  Factors to be considered for buildings receiving a plaque are as follows:
o Age;
o Style;
o Site of significant historical events;
o Condition – including appearance, additions and alterations to the home;
o Proper documentation on building history;
o Other relevant information.
 Members of the HPAC committee may choose one or more buildings at a time to receive plaques.
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This document last revised: 07/13/2020 11:07 AM
V. Requirements for a structure to qualify for an interpretive marker are:
 The building must be at least 75 years old.
 The building must be researched for its authenticity, and at a minimum, the date of construction must be reasonably determined.
 Research must be conducted by qualified historical research personnel approved by the City of Visalia Historic Preservation Advisory Committee (HPAC) and proper documentation must be provided to HPAC before a plaque can be placed on a building.
 The building’s exterior must be restored or properly maintained in accordance with its historical style and character.
 In the event that a building has been moved from its original site, it must retain a sense of its historic architectural style and integrity.  The owner of the building must authorize the placement of the plaque on the building and assumes ownership of the plaque.

VI. Uniformity and standardization of markers
 The plaques used in the HRP should be of the same size, design and material composition, unless an alternative is approved by the HPAC.  Mounting on commercial buildings ‐ The plaque should be mounted between 5 and 6 feet above the ground level surface, in a conspicuous place, and the location must be agreed to by building owner.
 Mounting on residential buildings – The plaque should be mounted in front of the residence, preferably not attached to the building. It should be located in an area readable from the sidewalk or other public right‐of‐way. Mounting should be done in accordance with approved method described by HPAC.

VII. Responsibility for the HRP plaques
 Once mounted, all plaques become the property of the building owner.

VIII. Nomination of buildings for HRP
 Individuals and/or organizations can nominate a building for the program, but only HPAC and the building owner can authorize a plaque for a building through this program.
 Prior to HPAC consideration of a nomination, an “Application and Property Owner Authorization” form is required.
 The signed agreement and confirmed site research meeting the intent of the requirements in Section V shall be considered a “qualified nomination.”  Qualified nominations continue to be valid unless there has been a change of ownership of the structure, of if alterations to the building have occurred since the nomination was determined to be ‘Qualified’.
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This document last revised: 07/13/2020 11:07 AM
IX. Application to participate in HRP
 Requests for consideration must be accompanied by a “Historic Recognition Program ‐ Application and Property Owner Authorization” form. Participation in HRP is voluntary, with the Historic Preservation Advisory Committee making the final determination for the awarding of plaques.

X. These guidelines are subject to change by HPAC. There may be occasions which call for deviation from the guidelines, wherein HPAC will be the final determining body for consistency with the purpose and intent of the guidelines and requirements.

XI. The HRP program guidelines and requirements are in no way intended to limit the ability of a property owner to independently mount a historical plaque or marker on their building.

XII. This program is based upon independent funding through grants, donations or other means. The program may be suspended during times when adequate funding is not available.

XIII. Participation in this program does not confer any special “historic” status to a property or building.
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Last edited February 23, 2024

You are receiving this notice because you own or reside on property that is either located within Visalia’s Historic District or contains a structure listed on Visalia’s Local Register of Historic Structures.

To preserve and protect historic structures, the Historic Preservation Advisory Committee (HPAC) was created and tasked with recognizing and safeguarding historic resources which contribute to Visalia’s historic heritage. Certain exterior modifications to historic structures or sites require review and approval by the HPAC prior to issuance of a Building Permit:

Exterior alterations that require HPAC review:
❖ Changes to windows;
❖ Changes to roofing materials;
❖ Changes to exterior siding materials;
❖ Changes to architectural details and trim;
❖ Signage, including alterations;
❖ New construction;
❖ Demolitions and relocations;
❖ Building additions;
❖ Building conversions or renovations;
❖ Accessory structures;
❖ New fences, including
replacement fencing.

Modifications that do not require HPAC review:
❖ Swimming pools;
❖ Interior alterations;
❖ Addition/replacement of mechanical
equipment, with exceptions (contact Staff);
❖ Interior or exterior painting;
❖ General maintenance (i.e., reroofs,
residing, masonry repair) with like
materials, resulting in no changes in
exterior materials, details, and appearance.

Note that the above list is not comprehensive. For more information on historic preservation and how it may apply to your site and/or structure, please visit the City of Visalia Planning Division at 315 East Acequia Avenue, Visalia CA 93291, visit the HPAC website by scanning the QR Code, or contact Cristobal Carrillo, Associate Planner, at (559) 713-4443 and [email protected].

City of Visalia
Historic Preservation Advisory Committee
HISTORIC SITES AND YOU: A Guide to Exterior Alterations for Historic Resources (For Informational Purposes Only)
Thank you for your time and stewardship of the City’s unique and historically significant structures!
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Last edited February 23, 2024

Usted está recibiendo este correo informativo porque usted es dueño o reside en una propiedad que se encuentra dentro del Distrito Histórico de Visalia o contiene una estructura que esta en el Registro Local de Estructuras Históricas.

El Comité de Preservación Histórica (HPAC) fue creado para preservar y proteger estas estructuras históricas. El HPAC se encarga de reconocer y salvaguardar las estructuras históricas que contribuyen a la estética histórica de Visalia. Este correo informativo sirve para informarle que modificaciones exteriores a las estructuras históricas requieren la aprobación del HPAC antes de obtener el permiso de construcción:

Modificaciones exteriores que requieren la revisión del HPAC:
❖ Cambios en las ventanas;
❖ Cambios en los materiales del tejado;
❖ Cambios en los materiales del exterior;
❖ Cambios en los detalles arquitectónicos;
❖ Señalización, incluidas las alteraciones;
❖ Nueva construcción;
❖ Demoliciones y traslados;
❖ Ampliaciones de edificios;
❖ Conversiones o renovaciones de edificios;
❖ Nuevas estructuras adicionales;
❖ Cercas nuevas, o reparaciones de cercas.

Modificaciones que no requieren la revisión del HPAC:
❖ Piscinas;
❖ Reformas interiores;
❖ Adición/sustitución de equipamiento
mecánico, con excepciones (póngase
en contacto con el personal de la ciudad);
❖ Pintura interior o exterior;
❖ Mantenimiento general (es decir,
renovación de tejados, revestimientos,
reparación de mampostería) con
materiales similares, sin cambios en los
detalles y aspecto exteriores.

Tenga en cuenta que la lista anterior no es completa. Para obtener más información sobre la preservación histórica, por favor visite la Ciudad de Visalia, División de Planificación, en 315 East Acequia Avenue, Visalia CA 93291, escanee el código QR para visitar el sitio web de HPAC, o póngase en contacto con Cristóbal Carrillo, Associate Planner, en (559) 713-4443 y [email protected].

Ciudad de Visalia
Comité de Preservación Histórica
SITIOS HISTÓRICOS Y USTED: Un guía de alteraciones exteriores para estructuras históricos (Sólo para información)
¡Gracias por su tiempo y por cuidar de las estructuras históricamente significativas de la ciudad!
197

CITY OF VISALIA

HISTORIC PRESERVATION ADVISORY COMMITTEE

MEMBERSHIP AND TERMS

1. Tyler Davis, Chair *
a. 1
st term (partial): 6/2021 – 6/2022 (Completing existing term of member who resigned).
b. 2
nd term: 7/2022 – 6/2024
c. 3
rd term: 7/1/2024 – 6/30/2026

2. Karen Ayala, Vice-Chair *
a. 1
st term (partial): 1/17/2023 – 6/30/2023 (Completing existing term of member who resigned)
b. 1
st full term: 7/1/2023 – 6/30/2025

3. Patricia Kane
a. 1st term: 4/2018 – 6/2020
b. 2nd term: 7/2020 – 6/2022
c. 3
rd term: 7/2022 – 6/2024 (terms out after June 2024).
d. Extended 3rd Term: 7/2024 – 12/2024 (or until vacancy filled).

4. Jay Hohlbauch
a. 1
st term: 7/2020 – 6/2022
b. 2
nd term (partial): 7/2022 – 6/2023
c. 2
nd full term: 7/1/2023 – 6/30/2025

5. Jerome Melgar
a. 1
st term (partial): 11/6/2023 – 6/30/2024 (Completing existing term of member who was removed).
b. 2
nd term: 7/1/2024 – 6/30/2026

6. Kim Lusk
a. 1
st term (partial): 7/15/2024 – 6/30/2025

7. Michael Tomola *
a. 1
st term: 7/15/2024 – 6/30/2026
* Resides within Historic District
Late updated August 30, 2024
198
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0363 Agenda Date: 9/16/2024 Agenda #: 8.

Agenda Item Wording:

Approval of Agricultural Conservation Easement Form - A request by Great Valley Land Trust to have their agricultural conservation easement form and content approved as required per the City's adopted Agricultural Preservation Ordinance.

Deadline for Action: 9/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Paul Bernal, Planning and Community Preservation Director, [email protected] < mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council approve the form and content of the Great Valley Land Trust (GVLT) agricultural conservation easement in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.

Summary:

Great Valley Land Trust has submitted their agricultural conservation easement document. A copy of the “Deed of Agricultural Conservation Easement” is attached to this report as Attachment 1. The conservation easement document is being prepared to mitigate the conversion of approximately 34 acres of prime farmland in association with DH Hortons “Pearl Woods Subdivision Map No. 5591”.

As required pursuant to Article 3, Section 18.040.080.D “Approval of the Easement” of the Agricultural Preservation Ordinance (APO), the City Council shall approve the form and content of all agricultural conservation easements to ensure consistency with this chapter. Subsequent easement form reviews, which were initially approved by the City Council, may permit the Council to authorize a designee to review and confirm future easements as addressed in Section 18.04.080.D of the APO.

Great Valley Land Trust is seeking approval by the City Council that their easement form and content complies with the requirements set forth in Article 3 Section 18.04.080 of the APO. Staff has reviewed the easement document submitted by Great Valley Land Trust and concludes that the document addresses the provisions as follows:

1. Section 18.04.080.A Easement Acquisition. The applicant shall convey, or arrange for the conveyance of, an area of land meeting its preserved land obligation to a qualified entity for execution of an agricultural conservation easement thereon.

Response: The easement document clearly demonstrates that the applicant is conveying farmland of statewide importance to a certified entity (Great Valley Land Trust) based on their land obligation requirement to mitigate farmland being developed for the Pearl Woods residential subdivision project.

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File #: 24-0363 Agenda Date: 9/16/2024 Agenda #: 8.

2. Section 18.04.080.B.1 through 6 Eligibility of Land for Easement. The preserved land shall meet all of the following requirements to be eligible for placement in an agricultural conservation easement.

1. The preserved land shall be located in the southern San Joaquin Valley, with preference afforded to preserved land located within 10 miles of the City limits. The preserved land must be located outside any city’s limits and sphere of influence.

Response: The 34-acre site is located approximately 40 miles southeast of the Visalia City limits, near the community of Earlimart, within the County of Tulare. The site is bordered by Avenue 32 to the south and Road 156 to the west (APN: 337-130-010).

2. The preserved land shall be designated as prime farmland or farmland of statewide importance on the most recent published Farmland Mapping and Monitoring Program (FMMP) map.

Response: The property is designated as “prime farmland” on the most recently published FMMP map.

3. The preserved land shall be a minimum of 20 contiguous acres in size.

Response: The preserved land is 34-acres.

4. The preserved land shall be zoned and planned for agricultural uses consistent with the purposes of an agricultural conservation easement.

Response: The preserved land is zoned AE-20 per the Tulare County Public Parcel Zoning Lookup Map (<https://tularecounty.ca.gov/rma/planning-building/zoning-entitlements/>).

5. The preserved land shall have at least one verified source of water.

Response: The preserved land (APN: 337-130-010) is located within the boundaries of the Delano-Earlimart Irrigation District and is under contract to receive water from this source which is delivered through a district turnout sited along Road 160. A supplemental water irrigation water supply is available from an onsite irrigation well.

6. The preserved land shall not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. Such uses shall be deducted from the total acreage being preserved.

Response: The preserved land is not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. A review of aerial map imagery (see attached map) identifies that the land to be conserved is not encumbered by any structure(s) or use(s) that would be incompatible with the purpose of an agricultural easement. In addition, the property owner has verified that the site is not encumbered by any structure(s) or use(s).

3. Section 18.04.080.C.1 through 11 Terms of Easement. The agricultural conservation easement shall be consistent with the purpose and intent of this chapter and shall include, at a minimum, the following terms.

1. The agricultural conservation easement prohibits all residential, commercial, or industrial development and any other land uses or activities that substantially impair or diminish the Visalia City Council Page 2 of 5 Printed on 9/13/2024
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File #: 24-0363 Agenda Date: 9/16/2024 Agenda #: 8.
development and any other land uses or activities that substantially impair or diminish the agricultural productive capacity of the preserved land or that are otherwise inconsistent with the conservation purposes of this chapter.

Response: Great Valley Land Trust’s easement document addresses these items under Section 3 “Prohibited Uses, Section 5 Construction or Placement of Buildings and Other Improvements, Section 6 No Subdivision and Section 7 Extinguishment of Development Rights (see Attachment 1).

2. The agricultural conservation easement prohibits the landowner from entering into any additional easement, servitude, or other encumbrance that could prevent or impair the potential agricultural use of the preserved land.

Response: Great Valley Land Trust’s easement document addresses this item under Section 27 Granting Subsequent Easements, Interests in Land, or Use Restrictions (see Attachment 1).

3. The agricultural conservation easement limits the construction of structures to those designed to facilitate agricultural use of the property, except that this division shall not prohibit replacement of an existing home that was present at the time the easement was established so long as the replacement of the home does not prevent the agricultural use of the property.

Secondary dwelling units or farmworker housing may also be permitted, so long as the primary use of the property is agricultural.

Response: Great Valley Land Trust’s easement document addresses this item under Section 5 Construction or Placement of Buildings and Other Improvements.

4. The preserved land to be subject to the agricultural conservation easement will be either obtained from a willing seller or voluntarily conveyed by the applicant.

Response: Yes, the property owner is encumbering this property with an agricultural easement to mitigate farmland being developed for the Pearl Woods residential subdivision project.

5. Any existing financial liens or financial encumbrances on the preserved land shall be subordinated to the agricultural conservation easement.

Response: Great Valley Land Trust’s easement document addresses this item under Section 26 The Landowner’s Title Warranty; No Prior Conservation Easements.

6. The agricultural conservation easement shall be approved by the qualified entity that will hold the easement and executed by all parties with an interest in the preserved land.

Response: Great Valley Land Trust prepared the Deed of Agricultural Conservation Easement that will be executed by all parties with an interest in the preserved land. The City Council on March 4, 2024, certified Great Valley Land Trust as an entity for the purpose of holding agricultural conservation easements in accordance with the City of Visalia Agricultural Preservation Ordinance.

7. The agricultural conservation easement is in recordable form and contains an accurate legal Visalia City Council Page 3 of 5 Printed on 9/13/2024
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description of the preserved land.

Response: The Deed of Agricultural Conservation Easement has been prepared in a recordable form and contains an accurate legal description and map of the preserved land (see Attachment 1).

8. The agricultural conservation easement names the qualified entity as an intended beneficiary and authorizes it to enforce all terms of the easement.

Response: Great Valley Land Trust, a California nonprofit public benefit corporation, having an address at 525 West Main Street, Suite 208, Visalia, CA 93291, is named as the “Grantee”, for the purpose of forever conserving the agricultural productive capacity and open space character of the subject property.

9. The agricultural conservation easement recites that it is intended to satisfy the preserved land obligation imposed by this chapter and that it is subject to the requirements set forth in this chapter.

Response: Great Valley Land Trust’s easement document addresses this requirement under Recitals Section C (see Attachment 1).

10. The agricultural conservation easement provides that if the qualified entity holding the easement ceases to exist, ownership of the easement shall pass to another qualified entity.

Response: Great Valley Land Trust’s easement document addresses this requirement under Section 18 Transfer of Easement (see Attachment 1).

11. The agricultural conservation easement has been approved as to form by the City of Visalia, in accordance with section 18.04.080(D).

Response: Staff recommends the City Council approve Great Valley Land Trust’s Deed of Agricultural Conservation Easement document. The easement document form and content demonstrate compliance with the City’s adopted APO. In addition, Great Valley Land Trust has been confirmed by the City Council as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance.

Fiscal Impact:

None.

Prior Council Action:
· On March 4, 2024, the City Council confirmed Great Valley Land Trust as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance. · On May 15, 2023, the City Council held a second reading and adopted Ordinance No. 2023- 02 (Agricultural Preservation Ordinance).
· On May 1, 2023, the City Council held a public hearing to introduce Ordinance No. 2023-02.

The City Council voted 4-0, Vice Mayor Taylor recused, to introduce and adopted Ordinance No. 2023-02 (Agricultural Preservation Ordinance).
· On March 6, 2023, the City Council received a presentation and update on the release of the draft APO. During the Work Session presentation, the consultant and staff provided an overview of the ordinance and received input from the City Council and community on the Visalia City Council Page 4 of 5 Printed on 9/13/2024
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File #: 24-0363 Agenda Date: 9/16/2024 Agenda #: 8.
overview of the ordinance and received input from the City Council and community on the content of the draft ordinance.
· On December 5, 2022, the City Council received a presentation and provided direction regarding a series of options for the City Council’s consideration ahead of a future adoption of an APO to implement General Plan Land Use Policy LU-P-34. · On August 18, 2022, the City Council adopted Resolution No. 2022-50 which rescinded the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement to establish an Agricultural Mitigation Program (AMP) for properties converting prime farmland and farmland of statewide importance within Growth Tiers II and III. The adoption of the resolution to rescind the adoption of Resolution No. 2021- 44 was based on the ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’s approval to General Plan Amendment (GPA) No. 2021- 01 and the related certification of an addendum to a previously certified environmental impact report (EIR).

Other: N/A
Alternatives:

The City Council can elect to not approve the form and content of Great Valley Land Trust agricultural conservation easement.

Recommended Motion (and Alternative Motions if expected):

I move to approve the form and content of Great Valley Land Trust agricultural conservation easement in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.

Environmental Assessment Status:

The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15378, it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

CEQA Review:

The requested action is not a “project” under CEQA.

Attachments:

1. Deed of Agricultural Conservation Easement

2. Aerial Maps of Easement Area
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Visalia City CouncilSeptember 16, 2024

Visalia City Council
September 16, 2024