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

Project: Rawhide Stadium Remo
Date: Thu 9/5/24
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324 S. Santa Fe Street, Suite A
Visalia, California 93292
www.4-creeks.com
Project Scope
The proposed project involves the design and remodel of the existing Rawhide clubhouse. The Remodel and design will consist of a +/- 1,300 sq ft addition to the existing clubhouse to accommodate all MiLB / MLB requirements outlined in the Audit Report provided by Rawhide.

Additionally, it will include a +/- 5,800 sq ft detached pitching tunnel with weight room and storage.

The project includes all tasks and services required to deliver a complete, functioning, fully code compliant construction drawing set to the satisfaction of the City of Visalia and MiLB/MLB. The following outline is provided to better understand the deliverables for the project. Please refer to the task overview for a more detailed delivery list for each task.

Schematic Design (30% Submittal)
• Schematic floor plans, site plan, and 3D Massing model • Basis of Design from each consultant
• Kick-off meeting (in person)
• Consultant Kick-off meeting (Teams)
• 2 meetings with City of Visalia and Rawhide
• Presentation to City Council
• Geotechnical report
Design Development (60% Submittal)
• 60% drawings from each consultant
• Outline specifications from each consultant
• 60% Interior Design package
• 4 meetings with City of Visalia and Rawhide
Permit Documents (90% Submittal)
• 90% drawings from each consultant for permit submittal • 90% Interior Design package
• Submit Plans to MiLB /MLB
• 4 meetings with City of Visalia and Rawhide
Construction Documents (100% Submittal)
• 100% drawings from each consultant and approval from City of Visalia and MiLB / MLB • 100% Specifications package
• 100% Interior Design package
• 2 meetings with City of Visalia for Plan Check
Construction Observation (100% Submittal)
• Site Visits as needed
• Meetings with City of Visalia and Rawhide as needed

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324 S. Santa Fe Street, Suite A
Visalia, California 93292
www.4-creeks.com
Task Overview
Task 1: Utility Research and Coordination
4 Creeks will provide utility coordination and work with local agencies to get the utility design of the project approved.
• Utility Application:
o Submit Improvement Plans and applications to the respective utility companies. o Coordinate relocations and/or removals of existing utilities on the proposed project site that may be required prior to the start of construction. • Utility Redlines:
o Obtain on -site point -of-connection locations for the project site, conduit requirements, and joint trench route from the utility companies.
o Obtain utility company designs on behalf of the developer. • Utility Construction:
o Work with trenching contractor throughout the dry utility installation and heat-up phase. o Coordinate and attend Joint utility meeting for the City of Visalia , this meeting to be attended by all utility company representatives, trenching contractor, and others as directed by the City of Visalia.
o Assist with the receipt of all utility company contracts and invoices on behalf of the City of Tulare. Follow-up with City of Tulare to ensure all applications and payments are in place prior to heat-up date.

The above-described Task 1 services will be provided on a Fixed Fee basis for $12,000.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis. These fees do not include any processing fees or items not specifically described above. Additional services will be billed on a time and materials basis.

Task 2: Geotechnical Engineering
4 Creeks will work with Krazan and Associates, Inc. Geotechnical Engineering to provide soils investigation at the Visalia Rawhide facility.
• Soils Profile and Subsurface Conditions
• Groundwater Conditions
• Engineering Conclusions and Recommendations of:
o Site Preparation
▪ Over-Excavation
▪ Non-Expansive Fill
▪ Compaction Requirements
▪ Utility Trench Requirements
▪ Mitigation Measures for Expansive Soils
o Building Requirements
▪ Bearing Capacity for Various Foundation Designs
▪ Footing Depth Requirements
▪ Anticipated Settlement
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324 S. Santa Fe Street, Suite A
Visalia, California 93292
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▪ Floor Slab Reinforcement
▪ Moisture Barrier Requirements
▪ Lateral Earth Pressures
▪ Chemically Reactive Soil Conditions Related to Construction Materials ▪ Site Class, Site Coefficients, and Design Spectral Response Acceleration • Site Plan with Boring Locations
• Boring Logs

The above-described Task 2 services will be provided on a Fixed Fee basis for $5,700.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 3: Schematic Design
4 Creeks will update the previously approved schematic design drawings to accommodate any additional changes required and provide additional design detail . • The ARCHITECT will further develop drawings to communicate the initial design concept for the development.
• The ARCHITECT will meet with the City of Visalia to review drawings, receive feedback, and refine the design as required. This phase assumes one round of refinements to the plans. • The ARCHITECT will provide conceptual 3D renderings of the development . • This phase assumes the approved drawings will be the basis of the design.

The above-described Task 3 services will be provided on a Fixed Fee basis for $16,000.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 4: Architectural Design Development
4 Creeks will develop the drawings to illustrate and convey the design ideas in detail including initial engineered systems. Prior to this phase, the design decisions have been made, agreed upon and approved by the City of Visalia and Rawhide. No additional changes to the program or site will be implements at this time.
• Based on the approved Schematic Design, the ARCHITECT will further refine the design requirements of the program.
• The ARCHITECT will work with the engineering consultant team as required to develop the initial engineered systems.
• The ARCHITECT will meet with the City of Visalia and Rawhide to review drawings, receive feedback and modify the design as requested by CLIENT. This phase assumes one round of refinements to the plans.
• The ARCHITECT will also submit Design Development plans to MiLB/MLB for their review. • The ARCHITECT will provide outline specifications.

The above-described Task 4 services will be provided on a Fixed Fee basis for $57,600.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.
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324 S. Santa Fe Street, Suite A
Visalia, California 93292
www.4-creeks.com

Task 5: Civil Improvement Plans
4 Creeks will develop Civil site plan improvement plans and specifications for the addition, ADA parking and path of travel, and detached batting cage at the Visalia Rawhide facility. • Civil Construction Drawings
o Notes & general information
o Demolition
▪ Identify existing improvements and site features to be removed o Site
▪ Identify site features to be installed, dimensions, and applicable standards ▪ Identify limits & surface type for new hardscape improvements and ADA path of travel
▪ Site improvements assumed to generally conform to site plan dated 7/11/2022 including new structures / building additions, trash enclosure, parking area adjacent to trash enclosure, and necessary interconnecting paths of travel o Grading
▪ Determine building pad and finish floor elevation
▪ Grading and drainage design of walkways, ramps, parking lot, and landscape areas
▪ Provide finish grading, necessary grading transitions, and verify ADA compliance for improvement area identified by the site plan ▪ Verify surface drainage of improved area and provide grading design to direct stormwater runoff to drainage infrastructure
• Assumed that on-site stormwater basin is not required o Utilities
▪ Storm drain
• Connect to existing primary discharge into existing City of Visalia infrastructure currently serving the project site (east of site between baseball stadium and skatepark)
• Assumed that existing system provides adequate capacity as improvements do not increase impervious ratio of project area ▪ Sanitary sewer
▪ Water (domestic)
▪ Water (fire) – as needed for sprinklered building
▪ Design from point of connection and building to existing system ▪ Tie-in locations and trenching
o Signage & Striping
▪ On-site parking stalls and directional markings
o Stormwater / Erosion Control Plan
o Details
▪ Applicable City standards and custom details as necessary • Prepare necessary supporting calculations and exhibits • Prepare engineer’s estimate of probable cost for improvements • Address City of Visalia plan check comments
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324 S. Santa Fe Street, Suite A
Visalia, California 93292
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• Coordinate with Architect, Structural Engineer, and other consultants

The above-described Task 5 services will be provided on a Fixed Fee basis for $39,500.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 6: Landscape Permit Documents
4 Creeks will work with Dan Garver Design to prepare landscape drawings for the development of the project.
• New landscape layout for areas around new construction, and possible damage areas from construction.
• Planting location for new low water use trees that will meet the shading requirements of CALGREEN.
• Irrigation design to sustain the planting described above. • Provide Water Use Calculations to meet CALGREEN and MWELO requirements. • Post construction inspection.

The above-described Task 6 services will be provided on a Fixed Fee basis for $3,000.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 7: Architectural Permit Documents
4 Creeks will create a set of documents suitable to obtain a building permit. Prior to this phase, the design decisions have been made, agreed upon and approved by the City of Visalia and Rawhide. It assumes that all base files are finalized at this point and that no other changes will be required. • Based on the approved Design Development drawings, the ARCHITECT will further refine the drawings and add code required detailing and annotations. These drawings and specifications will set forth the code requirements for permitting. • The ARCHITECT will work with and coordinate the work of the engineering Consultant team as required to develop the permit documents.
• The ARCHITECT will meet with the City of Visalia and Rawhide to review drawings, receive feedback and modify the design as required. This phase assumes only minor refinements to the plans.
• The ARCHITECT will submit plans to MiLB/MLB for their review. • The ARCHITECT will provide interior elevations to show materials and finishes and will provide exterior material selections.
• The ARCHITECT will provide full specifications for the development.

The above-described Task 7 services will be provided on a Fixed Fee basis for $83,000.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

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324 S. Santa Fe Street, Suite A
Visalia, California 93292
www.4-creeks.com
Task 8: Interior Design
4 Creeks will develop an interior design package for the new clubhouse and weight room. The design will include branding of Rawhide in both the home and away locker rooms as well as the weigh room and supporting spaces.
• 4Creeks will provide a schematic design interior package outlining the general direction of the interiors of the space.
• The ARCHITECT will meet with the City of Visalia and Rawhide to review drawings, receive feedback and modify the design as requested by the City of Visalia and Rawhide. This phase assumes one round of refinements to the plans.
• The ARCHITECT will provide final material selections and specifications. This task includes working with the Construction team to procure equipment as needed.

The above-described Task 8 services will be provided on a Fixed Fee basis for $32,300.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 9: Structural Permit Documents
4 Creeks will provide Structural Calculations & Permit Plans and Details the projects consisting of a remodel of the existing locker room buildings with a 1290sf addition to the existing masonry building, and a 5,800sf detached structure for the pitching tunnel and associated program. We have performed these services in the past and are familiar with the requirements. The following describes the proposed scope of work:
• Structural Calculations and Permit Plan set for Locker Room/ Office Building Addition o Field Review of existing structure
o Lateral Analysis of Existing Structure and Evaluation of Demolished Existing Walls For Shear
o Design of new roof framing for addition
o Design new masonry exterior walls for addition
o Design new foundations and building slab
o Prepare Title sheet with construction notes & drawing index o Prepare Foundation plan
o Prepare Roof Framing plan
o Prepare Foundation details
o Prepare Roof framing detail
o Prepare Wall framing Details
o Provide stamped and signed plans and calculations for permit submittal • Structural Calculations and Permit Plan set for Pitching Building o Design of new roof framing
o Design new exterior stud walls and headers
o Design new foundations and building slab
o Prepare Title sheet with construction notes & drawing index o Prepare Foundation plan
o Prepare Roof Framing plan
o Prepare Foundation details
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324 S. Santa Fe Street, Suite A
Visalia, California 93292
www.4-creeks.com
o Prepare Roof framing detail
o Prepare Wall framing Details
o Provide stamped and signed plans and calculations for permit submittal

The above-described Task 9 services will be provided on a Fixed Fee basis for $27,500.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis. Inspection or Special inspection is not included in scope of work, if required 4Creeks can provide a proposal for such tasks

Task 10: Mechanical and Plumbing Permit Documents
4Creeks will work with Caliber Mechanical to design the mechanical and plumbing design for the remodel, addition and detached batting cage facilities:
• HVAC Design Scope
o The existing mechanical systems, ducts, and grilles will be removed and replaced in the existing building.
o The mechanical basis of design is rooftop package units. o The batting cages will be unconditioned, most likely served by evaporative coolers. o The weight room will be conditioned.
o Floor plans indicating HVAC equipment, ductwork, and grilles serving interior areas as necessary.
o Typical Schedules, Notes, and Details.
o Title-24 Energy Calculations using performance method and coordinated with electrical engineer for lighting as necessary, dependent on electrical engineer. • Plumbing Design Scope
o Floor plans indicating routing of points of connection to estimated locations of existing domestic water, hot water, hot water recirculation (if necessary), sewer/waste, natural gas, and condensate drain (as applicable). Contractor to field verify actual p oints of connection.
o Size, schedule, and indicate the location on the plans water heater(s) to serve the space. o Typical Schedules, Notes, and Details.

The above-described Task 10 services will be provided on a Fixed Fee basis for $27,800.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 11: Electrical Permit Documents
4Creeks will work with Rose Sing Eastham to design the electrical engineering scope of the project. • Electrical Site Plan
• Field Investigation for Existing Electrical Systems (2 Site Visits included) • Lighting / Power / Signals / Low Voltage / Fire Alarm for Renovation/Addition • Security System Design (Intrusion / CCTV)
• One-Line Diagram, Schedules, Details
• Energy Compliance Forms (Title 24)
• 60/90/100 Design Sets
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324 S. Santa Fe Street, Suite A
Visalia, California 93292
www.4-creeks.com
• Working Drawings
• Specifications
• Excludes main service / distribution design (not expected to be required) • Assumes that existing service is sufficient for expansion

The above-described Task 11 design services will be provided on a Fixed Fee basis for $46,000.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 12: Fire Protection Permit Documents
4Creeks will work with Jonhson Fire to design the overhead fire sprinkler scope of work:
• Johnson Fire Protection to obtain site survey to make alternations to the existing system with a small expansion
• The proposal includes all design, plans, and fire flow fees. • Exclusions: central station monitoring; high/low voltage wiring; painting, priming, or masking; halon or any other chemical system; fire extinguishers; smoke detectors; insulation of any piping; excess liability insurance; fire watch; shut down fees; overtime; permit or permit fees.

The above-described Task 12 design services will be provided on a Fixed Fee basis for $2,600.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 13: Permitting
4 Creeks will work with the City of Visalia to obtain building permit approval from the Building Department.

Methods
• The ARCHITECT will coordinate the building permit submittal with the City of Visalia and Rawhide and will follow up with the building department until the permit is ready for issuance. • The ARCHITECT will submit final approved plans to MiLB/MLB for their review.

The above-described Task 13 services will be provided on an Hourly Estimate not to exceed $8,500 without prior authorization. Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 14: Construction Observation
4 Creeks will assist during the construction phase with plan clarifications, supplemental information, general coordination and modifications. The ARCHITECT will visit the site during construction at regular intervals to observe and advise the City of Visalia on the construction process, quality and conformance with the Permit Documents.

Methods
• Construction Kick-off meeting with ARCHITECT, City of Visalia, Rawhide and Contractor • Construction observation as required
• Site visit to review the work prior to occupancy as required • Product Construction document clarifications / modifications as required 199
324 S. Santa Fe Street, Suite A
Visalia, California 93292
www.4-creeks.com
• Review and Respond to Contractor requests for information in a timely manner • Review and Approval of Contractor Submittals

The above-described Task 14 services will be provided on an Hourly Estimate not to exceed $38,500 without prior authorization. Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

Task 15: Preconstruction services
4Creeks will provide preconstruction services with our build department to help bridge the gap between design and construction while we wait for build contract. • Cost Estimating/Initial Project Evaluation
• Value Engineering
• Risk Assessment
• Procurement and Long Lead Identification
• Design and Client Meeting Attendance
• Construction Feasibility Review
• Scheduling
• Site Investigation and Selective Demolition

The above-described Task 15 services will be provided on a Fixed Fee basis for $20,000.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

ESTIMATED FEES
Task 1 Utility Research and Coordination Fixed Fee $ 12,000 Task 2 Geotechnical Engineering Fixed Fee $ 5,700
Task 3 Schematic Design Fixed Fee $ 16,000
Task 4 Architectural Design Development Fixed Fee $ 57,600 Task 5 Civil Improvement Plans Fixed Fee $ 39,500
Task 6 Landscape Permit Documents Fixed Fee $ 3,000
Task 7 Architectural Permit Documents Fixed Fee $ 83,000 Task 8 Interior Design Fixed Fee $ 32,300
Task 9 Structural Permit Documents Fixed Fee $ 27,500
Task 10 Mechanical and Plumbing Permit Documents Fixed Fee $ 27,800 Task 11 Electrical Permit Documents Fixed Fee $ 46,000
Task 12 Fire Protection Permit Documents Fixed Fee $ 2,600 Task 13 Permitting Time & Materials $ 8,500
Task 14 Construction Observation Time & Materials $ 38,500 Task 15 Preconstruction Services Fixed Fee $ 20,000
TOTAL $ 420,000
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324 S. Santa Fe Street, Suite A
Visalia, California 93292
www.4-creeks.com

EXCLUSIONS
Unless noted otherwise, the following services are not included in the above Scope of Work or Fee Proposal. Many of them are available upon request as additional services. • Engineering services unless noted above
• Energy Modeling or Building Commissioning
• Solar hot water or Photovoltaic design
• Soils analysis for landscape planting amendments
• Hazardous Materials testing, reports, or recommendations for removal • Material testing and inspections (during construction) • Design, Specification, and/or purchasing of furnishings and specialty equipment • Permits and Application Fees
• Utility applications and/or fees
• Post Construction Record or As-built Drawings
• Interior design (procurement of furnishings)
• Renderings for marketing
• Environmental Studies (Traffic, Noise, Flood, EIR / Initial Study / Coordination) • Off-site improvements beyond the curb/gutter at street and beyond property lines • Floodproofing certification – Will be provided on the Build Side Notes
• The ARCHITECT shall assume that all City of Visalia provided information will be accurate and true. Any discrepancies shall be at the risk of the City of Visalia. • Only drawings specifically titled CONSTRUCTION DOCUMENTS with the ARCHITECT’S signed stamp are intended for construction.
• Note that the plans will not be submitted to the Planning or Building Departments until all invoices to date have been paid.
• Modifications requested after previously approved designs will be billed on an hourly basis above and beyond estimated or fixed fees
• The ARCHITECT reserves the right to adjust the fee if the City of Visalia relationship varies from the project assumptions
• The ARCHITECT reserves the right to adjust hourly rates on an annual basis • The ARCHITECT reserves the right to photograph the finished project for marketing purposes • The ARCHITECT reserves the right to install a job site sign on the Rawhide project property during design and construction of the project
• Reimbursable receipts will not be provided with invoices but will be available upon request

Our relationship for the purposes of this project and our responsibilities to each other are more fully set forth in the City of Visalia agreement which will be signed by both parties. 201
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Visalia, California 93292
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DISCLOSURE STATEMENTS

The following disclosure & 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 4Creeks
324 S. Santa Fe St., Visalia, CA 93291
CEO: Matthew Ainley CPO: Molly Muirhead Director: David De Groot COO: Joel Alipaz CMO: Eric Riley Director: Rose Morgan CFO: Cody Smith Director: Randy Wasnick No stockholders over 10% Matthew Ainley
4Creeks
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0390 Agenda Date: 10/7/2024 Agenda #: 12.

Agenda Item Wording:

Notice of Completion on Playground - Request authorization to file a Notice of Completion for Riverbend Park Playground Replacement Project, 2534 N. Court Street.

Deadline for Action: 10/7/2024
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 that the City Council authorize the filing of a Notice of Completion for the Riverbend Park Playground Replacement Project.

Background Discussion:

Summary:

The scope of work included the installation of a new playground structure, shade canopy, new fall surfacing, and a certified playground safety inspection. The contract was awarded to Anchor-41 Construction, LLC at the March 18, 2024, City Council Meeting in the amount of $285,735.00.

The Riverbend Playground Replacement Project was inspected by a certified playground safety inspector September 4, 2024, with no deficiencies, and a final inspection was completed by the City of Visalia’s Building Department on September 9, 2024, to close the construction project. The project was completed with no change orders and open for public use on September 10, 2024.

Background:

At the December 20, 2021, City of Visalia Council Work Session, City Council approved the appropriation of $29,364,455 from the American Rescue Plan Act (ARPA), of which $3,900,000 were appropriated for citywide park improvements. There are several park projects that are slated to be completed with these funds, such as shade structures, arbor replacement, updating park amenities, and park playground replacement. Staff identified six parks that needed playground replacement due to age, vandalism, or the ability to obtain replacement parts. Riverbend Park is the first of the six parks to go through the RFP process.

RFP #22-23-68 was advertised on 10/26/2023 and 11/02/2023, for the design, demo, and construction of a new play structure within the dimensions of the existing playground fall surfacing area. Two proposer conferences were conducted on November 7, 2023, and November 8, 2023, where staff answered questions and toured the playground area with several contractors. Proposals Visalia City Council Printed on 10/1/2024Page 1 of 2
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File #: 24-0390 Agenda Date: 10/7/2024 Agenda #: 12.
for the RFP were due on November 29, 2023. The City received a total of five design submissions from three proposers. A selection committee was formed and met on December 21, 2023.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that was established in RFP #22-23-68. During their review the committee felt that the proposals submitted by Anchor 41 Construction and R. E. Schultz Option 1 had the top two designs. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then reviewed the cost for each of the top two designs and concluded that the Anchor 41 design proposal was the overall winner that best meets the requirements of RFP #22-23-68 and the needs of the community.

Fiscal Impact:

The total construction cost of $286,345.70 is funded by the ARPA Fund 642 (Project No. 6420- 72000/CP0499-999). The initial estimate for the playground project was $200,000.00. However, there are sufficient funds in ARPA Fund 642 project budget to cover the overage in project expenditures.

There were no change orders for the project.

Riverbend Park Playground Replacement Project CIP 6420- 72000/CP0499-999
Fund 642 - ARPA Fund $286,345.70
Actual Construction Costs
Anchor - 41 $285,735.00
Legal Advertisement $ 340.70
Building Permit $ 270.00
Total Project Costs $286,345.70
Prior Council Action: March 18, 2024 - Council authorized the City Manager to award and enter into a contract with Anchor-41 for the design and installation of new playground equipment at Riverbend Park.

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

Move to Authorize the filing of a Notice of Completion for the Riverbend Park Playground Replacement Project.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Inspection Card, Draft Notice of Completion, Certified Safety Inspection, Playground Photos
Visalia City Council Printed on 10/1/2024Page 2 of 2
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Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer

This instrument benefits City only. No fee required
per Government Code Section 6103

Project
Notice of Completion

NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

RIVERBEND PARK PLAYGROUNDREPLACEMENT PROJECT RFP 22-23-68 under the contract agreement entered into with Anchor-41 Construction LLC. dated 5/16/2024, as a whole was completed on 9/09/2024 and the City of Visalia hereby accepts said work.

____________, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia.

__________________________________
Date

CITY OF VISALIA

BY __________________________________________
City Engineer

State of California
County of Tulare

Subscribed and sworn to (or affirmed) before me on this __________________ day of _________________, 20_______, by ______________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.

___________________________________
Date

__________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 207
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0391 Agenda Date: 10/7/2024 Agenda #: 13.

Agenda Item Wording:

Award Contract for Business Tax Software: Authorize City Manager to enter into a five (5) year service and software license agreement with Hinderliter de Llamas and Associates (HdL), Inc for business tax billing for a total of $286,000, and transfer funds of $50,000 from capital to the operating budget for FY 2024/25 and 2025/26 for annual use and hosting fees.

Deadline for Action: 10/21/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Renee Nagel, 559-713-4375, [email protected] <mailto:[email protected]> John Howison, 559-713-4122, [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the City Manager to enter into a five (5) year service and software license agreement with Hinderliter de Llamas and Associates (HdL), Inc for a business tax billing system for a total of $286,000, and transfer funds of $50,000 from capital (CP0541) to the operating budget (1537) for FY 2024/25 and 2025/26 for annual use and hosting fees. The contract total of $286,000 includes initial license fees and implementation costs totaling $150,000 to be paid from the capital budget (CP0681), and 5 years of use and hosting fees projected to cost $136,000 to be paid from the Business Tax operating budget (1537 Division).

Background Discussion:

Project Summary: Entities doing business in Visalia are required to pay a Business Tax (BT) and display a valid BT certificate as proof of payment. The BT paid varies and is based upon business type, and/or the gross receipts of the business. The Business Tax Division of the Finance and Technology Department is responsible for compliance, tax collection, and certificate issuance for all business tax accounts as mandated in Chapter 5 of the Visalia Municipal Code.

The Accela software, currently used by both Business Tax (BT) and Community Development, is being scheduled to migrate to the cloud by June 30, 2025. This must be done to continue receiving service and support from the software vendor. As part of this migration process, the current BT Accela configuration has been reviewed. As a software designed for permits, Accela has never been a good fit for use in BT billing and tracking. Accela is not designed for billing and does not have the standard functions required to apply charges, generate invoices, track and age balances, and manage collections. The highly customized BT setup within Accela has always required constant maintenance and intervention by IS staff to complete semi-annual billing, collection of annual gross receipts data from businesses, and monthly billing of delinquencies. IS staff is currently required to spend several weeks of valuable time on BT Accela software “housekeeping” tasks annually.

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File #: 24-0391 Agenda Date: 10/7/2024 Agenda #: 13.

Information Systems (IS) has worked with BT staff to determine the most efficient solution to this issue. After reviewing the available options, staff is recommending moving the BT billing and tracking to a new software, Prime Business License (PBL), a Hinderliter de Llamas and Associates (HdL) hosted system. PBL is specifically designed for the collection of business tax and will allow the BT staff to perform their billing and tracking functions without the daily need for assistance from IS staff.

The PBL software has a current attach opportunity through the City of South Lake Tahoe, which conducted a full RFP process and awarded a contract to HdL using purchasing procedures that are in compliance with City of Visalia (COV) purchasing requirements. The attachment will shorten the timeframe required for implementation of the new BT software and will also allow the cloud migration of Community Development’sAccela permitting software to move forward in a timely manner. A copy of the executed contract between HdL Companies and South Lake Tahoe is included in this item as Attachment 2.

Other Options: The HdL software has additional options for the tracking of Transient Occupancy Tax (TOT) and tracking of Short-term Rentals (STR’s) which are closely related to business tax collection. While these options are not included in this proposal, they will be evaluated during the configuration and implementation of the PBT module, and staff may return to Council requesting additional appropriations at a future date if the TOT and/or STR software functions offered by HdL are recommended for implementation.

Review Process:

As proposed, the Prime Business License (PBL) software will include 3 end user licenses, administrative access for IS staff, and will be equipped with a web module to allow BT applications and payments online, which is a feature much requested by COV business tax customers. Prior to choosing PBL, IS and BT staff obtained both technical and end user references from the City of Modesto, and the City of Sacramento, which are current users of the proposed software. References confirmed the software was implemented on time and on budget. Both cities confirmed the implementation of the software with the web module had shifted a significant portion of BT applications and payments to the online portal. This expected shift of the BT workload will allow staff to spend more time on collection of delinquencies, and prospecting for new and non-compliant businesses. The references also noted that HdL proactively updates their software and trains users when there are changes in California Law that affect business tax/license requirements.

Project Budget:

The proposed project implementation budget shown below in, Table 1: Project Implementation Budget Summary, includes detail amounts for licensing, implementation, optional features, and contingencies. Staff is recommending purchase of the ESRI-GIS option which will allow the definition of boundaries for special districts such as the Industrial Park and Town-Center (Downtown). This option will allow easy mapping of businesses to review their distribution and buffer zones. Staff is also recommending a review of alternative payment gateways to allow for the most efficient payment processing solution. If a non-HdL payment gateway is chosen during configuration, this would require an additional development charge of $5,000 which has been included in the budget below to preserve this option. Additional report writing has also been provided for in the “additional costs” budget line to allow for non-standard reports which may be required for the implementation of best practices for tracking, aging, and balancing.

Table 1 also includes a transfer from the project budget to the BT operating division (1537) to assist with the payment of the first two years annual software use and hosting fees, which are discussed in the fiscal impact section below. This transfer will make use of the $50,000 project balance that is Visalia City Council Printed on 10/1/2024Page 2 of 4
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File #: 24-0391 Agenda Date: 10/7/2024 Agenda #: 13.
the fiscal impact section below. This transfer will make use of the $50,000 project balance that is projected to remain upon completion of the project.

Table 1: Project Implementation Budget Summary
Description
Budget
Amount Comments
Capital Appropriation Available 200,000$ Combined CP0541 & CP0681 Prime Business License - 3 Users (36,000) 3 full-time users, incidental and information systems users also included
Web Module - Included
Implementation (20,000) Project Management, configuration, installation, report design, training
Downtown Processing (8,000) Set up for collection of Downtown Surcharge (Town-Center Business Improvement Area)
Data Conversion (15,000) Up to 30 hours; additional to be charged actual time and material
ESRI-GIS Option (15,000) Mapping of accounts for special charges and to show special districts, buffer zones, etc.

Training - Included
Alternative Web Module Payment
Processing-Optional
(5,000) Possible use of non-HdL payment gateway - to be determined during configuration
Additional Costs (36,000) Travel (at actual cost); Additional Report Writing as needed; Other
Contingency (15,000) 10% of total project budget Project Balance At Completion 50,000$
Transfer to 2024/2025 Operating (24,500) For use & hosting fees (Transfer from CP0541) Transfer to 2025/2026 Operating (25,500) For use & hosting fees (Transfer from CP0541) Ending Project Balance -$
Fiscal Impact:

Business tax is a General Fund revenue source that is projected to generate $3.5 million in the 2024/2025 fiscal year. The 2024/2025 Capital Budget includes $200,000 in the General Fund (001) for the purchase and configuration of business tax software (CP0681 and CP0541) which is projected to cover the $150,000 cost of this project (purchase and implementation), with $50,000 remaining at completion, which is proposed to be transferred to operating to cover the first two years of use and hosting fees, as discussed below. No additional appropriations are requested.

Annual software use and hosting fees for the initial 5-year period are estimated to total $136,000, as shown below in Table 2: 5-Year Summary of Projected HdL Use and Hosting Fees. The first year of fees is due at go live, which is projected to be in the current fiscal year (2024/2025). Staff is requesting approval for a transfer of the projected remaining CIP project balance to the Business Tax division (1537) of $24,500 in 2024/2025 and $25,500 in 2025/2026 to pay this annual use and hosting fee.

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Table 2: 5-Year Summary of Projected HdL Use and Hosting Fees Description Year 1 Year 2 Year 3 Year 4 Year 5 Total
Annual Software Use and Hosting 21,500$ 22,600$ 23,700$ 24,900$ 26,100$ 118,800$ ESRI-GIS Annual Use and Hosting 3,000 3,200 3,400 3,600 3,800 17,000 Total Annual Use and Hosting Fees 24,500$ 25,800$ 27,100$ 28,500$ 29,900$ 135,800$ The combined cost of purchase, implementation, and the first 5 years of use and hosting fees is shown in Table 3: HdL contract summary, below.

Table 3: HdL Contract Summary
Description Amount
Implementation & Configuration 150,000$
5 Years of Use and Hosting Fees 136,000
Contract Total 286,000$
Prior Council Action: None.

Other: N/A
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a five (5) year service and software license agreement with Hinderliter de Llamas and Associates (HdL), Inc for a Business Tax billing system for a total of $286,000, and transfer funds of $50,000 from capital (CP0541) to the operating budget (1537) for FY 2024/25 and 2025/26 for annual Use and Hosting Fees Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

Attachment 1: HdL Prime BL Proposal
Attachment 2: City of South Lake Tahoe Professional Service Agreement Visalia City Council Printed on 10/1/2024Page 4 of 4
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City of
Visalia, CA
Tax & Fee Administration Services
July 23, 2024

SUBMITTED BY
HdL Companies
120 S. State College Blvd., Suite 200
Brea, CA 92821
hdlcompanies.com

CONTACT
Connor Duckworth
T: 714-879-5000
E: [email protected]
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Dear Rachel,
Thank you for the opportunity to present this proposal for HdL’s Services:
• HdL Prime Business License Software with Web Module (HdL Hosted System)

Please be advised that we maintain a busy implementation schedule throughout the year. Your position in the implementation schedule will be determined when a signed agreement is received.

This proposal i s valid until : October 31, 2024 . Should you have any questions, please contact me at 888.861.0220 or by email at [email protected].

Prime – Business License Software with Web Module
One-time costs

Item Price Comments
Prime Business License - Software
License Fee (HdL Hosted System)
$36,000.00 3 Named Users
Prime Web Module Included Must use HdL supported payment gateway. Non- supported gateways require a development charge
of a minimum of $5,000.00 + Specifications.

Implementation 20,000.00 Project management, installation, configuration, report design, training, etc. Includes BID
implementation
Downtown BID Processing 8,000.00
Data Conversion 15,000.00 Up to 30 hrs. of work. Above 30 hrs., time, and material. (Includes BID data conversion)
Travel Expenses At Cost At Cost
Training Costs – 1 day Included Included
Additional days available at $2,000/day
TOTAL $79,000.00 Total one-time costs

Recurring Costs

NOTE: The HdL Prime Business License Suite includes the following: Software license for 3 named users, installation, implementation, complete review of existing operation, fees, penalties, municipal code, standard reports/forms/letters, data conversion (30 hrs. max), 1 day of training. It also includes the web renewal module, new application module, installation, and implementation. City must use HdL supported credit card payment gateway (no charge). Additional programming charges of a minimum of $5,000 if City elects to ut ilize other than HdL supported payment gateway.

Payment transactions are subject to typical payment processing and returned payment fees. HdL supports both agency funded (fees paid by City) and convenience fee (fees paid by taxpayer) models.

Item Price Comments
Annual Software Use and HdL
Hosting Fee
$21,500.00 Due at Prime core system “Go Live.” Renewed
annually + CPI. 3 remote user licenses included.

Includes BID recurring costs.

TOTAL RECURRING COSTS $21,500.00
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OPTIONAL SERVICES

ESRI – GIS Optional) $15,000.00 Recurring annual use fee of $3,000.00 + CPI.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0392 Agenda Date: 10/7/2024 Agenda #: 14.

Agenda Item Wording:

Developer Reimbursement Agreement - Authorize the City Manager to execute the reimbursement agreement for improvements of Caldwell & Demaree Garden Unit located at the southwest corner of South Demaree Street and West Packwood Avenue
Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Luqman Ragabi, Associate Engineer - (559)713-4271, [email protected] < mailto:[email protected]>
Jason Huckleberry, Director of Eng & Building- (559)713-4495, [email protected] < mailto:[email protected]>
Department Recommendation:

Staff recommends authorizing the City Manager to execute the reimbursement agreement in the amount of $198,813.04 for improvements constructed along Demaree Street and Chinowth St, associated with the Caldwell & Demaree Garden Unit subdivision.

Background Discussion:

The Caldwell & Demaree Garden Unit Subdivision, developed by San Joaquin Valley Homes, involved the subdivision of 19.03 acres into 91 residential lots and the completion of frontage improvements along Demaree Street and Chinowth Street. All required improvements for this subdivision have been completed and accepted by the City.

As per the Subdivision Improvement Agreement, arterial and collector roadway improvements were required along the project street frontages. Chinowth Street is identified as a funded collector in the City’s Circulation Element and Transportation Impact Fee program. Consequently, portions of the required public improvements along Chinowth Street are eligible for reimbursement under the City’s impact fee programs.

Additionally, the development required traffic signal improvements at the intersection of Packwood Ave and Demaree St to allow for a fully functioning intersection. The installation of this signal and associated improvements are also reimbursable by the City.

The total amount to be reimbursed to the developer is $198,813.04 for the excess in pavement, right- of-way dedication, traffic signal installation, and other miscellaneous work beyond the developer’s responsibilities. Impact fees were paid by the developer for each residential building permit issued within the development: therefore, credits were not applied at the time of building permit issuance.

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File #: 24-0392 Agenda Date: 10/7/2024 Agenda #: 14.
improvements.

On August 8, 2024, the reimbursement agreement for the Caldwell & Demaree Garden Unit Subdivision was reviewed and recommended for approval by the Development Reimbursement Review Committee (DRRC). The DRRC is comprised of staff from the Community Development and Finance Departments. The DRRC reviewed the reimbursement to ensure that the costs are reasonable compared to the City’s costs for comparable capital projects.

Fiscal Impact:

Cash reimbursement of $198,813.04 will be from the Transportation Impact Fee Fund (241).

Prior Council Action: None
Other: On August 8, 2024, the Development Reimbursement Review Committee reviewed and recommended for approval the reimbursement agreement for Caldwell & Demaree Garden Unit subdivision.

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

I move to authorize the City Manager to execute the reimbursement agreement for improvements completed by the Caldwell & Demaree Garden Unit subdivision...end Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

1. Aerial Exhibit

2. Reimbursement Agreement
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LOCATION MAP
W VISALIA Pkwy

S CHINOWTH ST
Subject Property
O

W CALDWELL AVE
City Limit

S DEMAREE ST

W PACKWOOD AVE

S CHINOWTH ST
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City of Visalia & Developer
Reimbursement Agreement PAGE 1

CITY OF VISALIA

REIMBURSEMENT AGREEMENT

FOR PRIVATELY CONSTRUCTED PUBLIC FACILITIES INCLUDED IN THE CITY’S IMPACT FEE PROGRAMS
This Agreement, dated as of the _____ day of _________________, 2024, is entered into by and between the City of Visalia , a municipal corporation (the “City”) , and PRESIDIO JJR ARBOR GATES 89, LLC. (the “Developer”).

RECITALS:

WHEREAS, Chapter 16.44 of the City of Visalia Municipal Code (the "Code") established development fees and special funds as part of the City’s Transportation Fee Program (the “Transportation Fee Program”); and
WHEREAS, Section 16.44.150 of the City of Visalia Municipal Code authorizes the City to enter into reimbursement agreements for the construction of planned transportation facilities designated in the Transportation Fee Program upon application of property developers; and WHEREAS, Chapter 13.08 of the City of Visalia Municipal Code establishes development fees and special funds as part of the City’s Sewer Service System Fee Program (the “Sewer Fee Program”); and
WHEREAS, Section 13.08.180 of the City of Visalia Municipal Code authorizes the City to oversize any sewer main as determined by the City Engineer, and in conformance with the City’s Sanitary Sewer Master Plan, and shall reimburse for the additional oversizing construction costs upon application of property developers; and
WHEREAS, City and Developer, as a condition for approval of Caldwell & Demaree Garden Unit , pertaining to real property identified therein (the property and entitlements so described hereafter referred to as the Project”) have entered into a Subdivison Improvements Agreement that sets forth Developer’s obligations regarding the dedication of right of way and construction of planned transportation facilities and other public improvements, accord ing to improvement plans titled Caldwell & Demaree Garden Unit and approved by the City (hereafter collectively referred to as the “Facilities”); and
WHEREAS, City and Developer desire to set forth their mutual understandings regarding the manner in which the City shall reimburse Developer for the Facilities that are eligible for reimbursement under the City’s Transportation Fee Program requirements and Sewer Fee Program.

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

Section 1. Construction of Facilities

Developer shall complete construction of the Facilities in accordance with the terms of the Subdivision Improvements Agreement.

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Section 2. Reimbursement Amounts
The City shall reimburse, through fee credits or cash payments as provided herein, the Developer for the Facilities based on the schedule of costs and land values contained in Exhibit 1, attached hereto, which are referred to herein as the Programmed Costs. The Programmed Costs in Exhibit 1 describes the Facilities that are eligible for reimbursement and lists the applicable unit costs and right of way values for each of these items. The Programed Costs are based on the schedule of costs and land values contained in the Traffic Impact Fee Update Nexus Study City of Visalia, dated March 16, 2015.

If any items are not listed in the schedule of costs, then the City and Developer must agree to an acceptable unit cost prior to this Agreement being signed. Changes or variations in the Programmed Costs may be requested by the Developer pursuant to Section 3 of this Agreement.

Section 3. Adjustment to Programmed Costs

The Developer may request the City to adjust the Programmed Costs. In order to request an adjustment to the Programmed Costs, the Developer must provide the following:

(1) Copies of the original contract with the contractor and any change orders that have been agreed to by the Developer, contractor, and the City. The portion of each change order associated with the Facilities must be itemized separately;

(2) Copies of all invoices, with unconditional lien releases, submitted by the contractor;

(3) Copies of all checks issued by the Developer with related invoices indicated; and

(4) A summary tabulation of all contractor invoices and Developer payments.

If, when the final reconciliation of construction costs for the improvements to be reimbursed is conducted by the City, the actual construction costs for any of the Facilities so reimbursed exceeds the Programmed Costs for such Facilities, the City Engineer shall review the items described above and determine if the Programmed Costs that will be credited/reimbursed to the Developer should be increased above the amount shown in Exhibit 1 to fairly reflect change orders or other changed circumstances. The Ci ty Engineer shall determine in his/her reasonable discretion how much of the actual construction costs should be included in an increase to the Programmed Costs, and if acceptable, the parties shall execute an amendment to this Agreement setting forth the adjusted Programmed Cost.

Section 4. Right to Reimbursement

Developer shall be reimbursed the final amount of the Programmed Cost in the manner as set forth in Section 5 below. Reimbursements payments by the City will not be made until all of the following requirements are met:
(1) All Facilities are completed and formally accepted by the City as shown by the issuance of a Notice of Completion by the City; and
(2) A reimbursement re quest is submitted to the City. The Developer must apply for reimbursement within four (4) years after the City has accepted the Facilities or within four years of January 30, 2009, the effective date of Ordinance No. 2008-14, which modified Chapter 16.44 297

City of Visalia & Developer
Reimbursement Agreement PAGE 3

of the Visalia Municipal Code to contain this requirement, whichever is later. The Developer waives all right to reimbursement from the City if they do not request reimbursement within this four-year limitation; and
(3) Thirty (30) days have passed since the City accepted the facilities and no claims of nonpayment have been filed with the city . If such claims have been filed, then the City will not reimburse the Developer until the claims are resolved.

Section 5. Reimbursement Method

Upon issuance of a Notice of Completion for the Facilities, Developer shall be reimbursed the Programmed Costs in the following manner(s):

5.1 Cash Reimbursement from Development Fees Collected City Wide . City shall pay $198,813.04 of the Programmed Costs upon Developer’s submittal of a reimbursement request in compliance with Section 4 after this Agreement is executed. This represents work that has already been completed in good faith prior to final execution of this agreement. The City will reimburse the Programmed Costs to the Developer without interest.

Section 6. Transfer of Reimbursement Rights

Rights to cash payment reimbursements or fee credits granted to Developer pursuant to this Agreement may be transferred to other owners, builders, or developers only with the written consent of City. The notice must be signed by the Developer and the City, and an executed copy of the form shall be kept on file at the City.

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

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

Section 9. No Third Party Beneficiary
City does not assume any liability, duty or obligation to Developer’s contractors, subcontractors 298

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Reimbursement Agreement PAGE 4

or agents by execution or performance of this Agreement and no contractors, subcontractors, agents or any parties are third party beneficiaries of this Agreement.

Section 10. Attorney’s Fee
If any suit, action or proceeding in law or equity is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to reasonable costs and attorneys’ fees.

Section 11. Notices
Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally (FedEx and similar services, each of which is hereinafter called an “Express Courier,” shall be considered to be personal service) or by telephone facsimile or other electronic transmission (provided that the sender of a telephone facsimile or other electronic transmission has received confirmation of successful transmission by the sending fax machine), and upon receipt, if mailed to the party to whom notice is to be given, by first-class mail, registered or certified, postage prepaid, return receipt requested, and properly addressed as follows:

City: With a copy to:

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

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

Developer:

PRESIDIO JJR ARBOR GATES 89, LLC
Attn Nicolas Peters
5607 Avenida de los Robles
Visalia, California 93291

Either party may change its mailing address at any time by giving written notice of such changes to the other party in the manner provided herein.

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

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

Section 14. Binding on Successors and Assigns
Each and every provision of this Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, in the same manner as if such parties had been expressly named herein.
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Section 15. Governing Law; Venue
This Agreement is made under, and shall in all respects be interpreted, enforced, and governed by, the laws of the State of California. In the event of a dispute concerning the terms of this Agreement, the venue for any legal action shall be with the appr opriate court in the County of Tulare, State of California.

Section 16. Exhibits
The Exhibits attached hereto are hereby incorporated herein by this reference.

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

Section 18. Compliance with State Law.

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

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Reimbursement Agreement PAGE 6

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and the year first written above.

CITY OF VISALIA, PRESIDIO JJR ARBOR GATES 89, LLC
A municipal corporation

Leslie B. Caviglia Signature Date
City Manager/City Clerk Date

Print Name
ATTEST:

Title

Deputy City Clerk Date

APPROVED AS TO FORM:

City Attorney Date

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EXHIBIT 1
City of Visalia & Developer
Reimbursement Agreement Page 7

QUANTITY UNITS UNIT COST Reimbursement
AMOUNT

OFFSITE STREET IMPROVEMENTS
Traffic Light at Packwood and Demaree 1.0 LS 64,164.00$ 64,164.00$ Striping at the intersection of Packwood and Demaree 1991.0 LF 6.37$ 12,682.67$ Paving Past 6' from Gutter (S. Chinowth St.)
5" AC, 8" AB, 6" Subgrade 23121.0 SF 2.73$ 63,120.33$ Engineering Reimbursement Fee
12% of the reimbursement amout 1.00 LS 139,967.00$ 16,796.04$ S. Chinowith St. Dedication 0.29 AC 145,000.00$ 42,050.00$ TOTAL REIMBURSEMENT 198,813.04$
Total Credits For Impact Fees -$
Total Cash Reimbursement 198,813.04$
Packwood & Demaree Signal improvements
Chinowth street improvements
Chinowth street dedication
ITEM
302
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0395 Agenda Date: 10/7/2024 Agenda #: 15.

Agenda Item Wording:

Amend Design Services Contract - Approve Contract Amendment No. 2 to Zeltmacher Structural Design Engineering Inc. for design services related to the outfield fence replacement project, in the amount of $35,8000 and to appropriate $855,600 from the baseball fund.

Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Rebecca Keenan, Senior Civil Engineer, 713-4541
Christopher Crawford, City Engineer, 713-4331
Jason Huckleberry, Engineering & Building Director, 713-4495 Department Recommendation:

Staff recommends that the City Council approve Contract Amendment No. 2 to Zeltmacher Structural Design Engineering Inc. for design services related to the outfield fence replacement project, in the amount of $35,800 and appropriate $855,600 from the baseball fund.

Background Discussion:

The City of Visalia went through a procurement process to hire a qualified consulting firm to provide design services to replace approximately 277 linear feet of existing, 12-foot-tall plywood outfield fence located at Valley Strong Stadium. The City did not receive any proposals from that effort, so in accordance with the City’spurchasing policy, City staff worked directly with Zeltmacher Structural Design Engineering to obtain a proposal for the design services that will result in a comprehensive design package to replace the existing fence in compliance with Minor League Baseball/Major League (MiLB/MLB) requirements. The services being provided by the consultant include professional project management and design services leading to complete, buildable, construction documents including plans, specifications, and engineer’sestimate (PS&E); permitting by the City’s Building Safety Division, and bidding/construction support services.

Through the course of preparing the PS&E package, the following features have been identified as needing to be addressed with the current design, although they were not included in the original scope of work:

Contract Amendment No. 2 - CP0641
Task Cost

1. Electrical Engineering Services related to the outfield fence$4,000

2. Grading & Drainage Engineering Services for the Access Road leading to the outfield fence.
$4,000

3. Engineering Design Services related to the replacement of the Batter’s Eye, which is directly adjacent to the outfield fence. $19,800

4. Additional Bidding and Construction Support Services related to the added scope of work.
$8,000
Total $35,800
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File #: 24-0395 Agenda Date: 10/7/2024 Agenda #: 15.

Contract Amendment No. 2 - CP0641
Task Cost

1. Electrical Engineering Services related to the outfield fence$4,000

2. Grading & Drainage Engineering Services for the Access Road leading to the outfield fence.
$4,000

3. Engineering Design Services related to the replacement of the Batter’s Eye, which is directly adjacent to the outfield fence. $19,800

4. Additional Bidding and Construction Support Services related to the added scope of work.
$8,000
Total $35,800
On September 25th, the City of Visalia Change Order Committee reviewed and approved Contract Amendment No. 2. Following is a description of the proposed work:

Additional Task 1: Change in Scope {CofS} (Lump Sum) Increase $4,000 The City of Visalia has requested that the consultant (Zeltmacher) add electrical engineering services related to the outfield fence for relocation of an existing electrical junction box and electrical power to two (2) lights at the bullpen; and grounding of the proposed fence structure per the requirements of two industry standards. ASTM International, formerly known as the American Society for Testing and Materials, standard ASTM F2000-19, is the safety performance specification for fences for baseball and softball fields; and NFPA 70 is the National Electrical Code for safe electrical design, installation, and inspection requirements to protect people and property from electrical hazards. This addition will include a site visit, demo, cost estimate, specifications, and added drawings & details to the Plans.

This work is necessary because there are several electrical features located near the fence that must be relocated, and the fence may require grounding. If the grounding is not required, the electrical engineer will provide a stamped & signed opinion letter stating that.

Additional Task 2: Change in Scope {CofS} (Lump Sum) Increase $4,000 The City of Visalia has requested that the consultant (Zeltmacher) add grading & drainage engineering services for the design of an access road that leads to the outfield gate area. The Rawhide reports that the existing dirt road floods at the entry gate during rain events. The original scope of work will replace the wood panels on the gate, but does not correct the drainage issue. The initial review indicates that the existing dirt road will be improved with a new drain inlet & pipe connection to an existing manhole.

This added scope will not improve the dirt road surface by adding pavement or other surface treatment. This addition includes a site visit, demo, cost estimate, specifications, and added drawings & details to the Plans. This work is necessary because allowing the area to continue to flood will impact the new wood panels to the gate.

Additional Task 3: Change in Scope {CofS} (Lump Sum) Increase $19,800 The City of Visalia has requested that the consultant (Zeltmacher) add engineering design services for the replacement of the batter’s eye. The existing 24’ by 60’ batter’s eye is not in compliance with Major League Baseball requirements. The batter’seye must be removed and replaced with a 36’by 60’unit that is manufactured with a durable, solid surface. The existing transparent screen is not acceptable. This addition includes a site visit, demo, cost estimate, specifications, and new Plans and Specifications.

This additional work will be coordinated with the current design package, and a final package will be submitted to the Building Department by early November 2024, to be followed by the construction procurement phase. This work is necessary now because the new outfield fence footings are being placed, and the batter’seye footings and location must be coordinated with them. The design and construction of the Batter’sEye was planned as part of the overall project but is now being included as part of this contract and this portion of the project.

Additional Task 4: Change in Scope {CofS} (Time & Materials) Increase $8000 The City of Visalia City Council Printed on 10/1/2024Page 2 of 5
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File #: 24-0395 Agenda Date: 10/7/2024 Agenda #: 15.

Additional Task 4: Change in Scope {CofS} (Time & Materials) Increase $8000 The City of Visalia has requested that the consultant (Zeltmacher) add bidding and construction support services for the added wall padding, electrical improvements, grading & drainage improvements, and batter’s eye. These services are included in the original scope of work, however not sufficient to cover the added design services. This work is necessary to help answer bid questions and RFIs during construction.

Fiscal Impact:

There is currently $500,000 appropriated for the outfield fence, which is sufficient to cover the professional design services described in this report. However, the total estimated budget for completion of the project is $1,355,600, meaning there is a project deficit. This budget amount includes the professional services to be provided by Zeltmacher, construction costs, contingency, staff time, permitting fees, and other consultant costs (construction manager, materials testing, and staking services). Staff requests an appropriation of $855,600 from the baseball fund, which is funded by the General Fund, to meet the project costs.

TABLE 1
BUDGET

VALLEY STRONG STADIUM

SUMMARY
Outfield Fence with Padding + Batter’s Eye
Current Project Budget - CP0641$500,000
Outfield Fence & Padding
Design Cost
Staff Project Management, Survey,
Drafting
$30,800
Consultant - Zeltmacher $114,000
Contingency $12,300
Design Subtotal: $157,100
Construction
Construction (12-foot fence & 12-foot
padding)
$616,420
Construction Contingency $92,500
Construction Subtotal: $708,900
Construction Support
Staff Construction Management &
Inspection
$37,000
Consultant Construction Manager$61,600
Survey Staking, Materials Testing &
Special Inspections
$30,800
Construction Support Subtotal$129,400
Total Outfield Fence & Padding$995,400
Batter’s eye
Design Cost
Staff Project Management, Survey,
Drafting
$13,800
Consultant - Zeltmacher $19,800
Contingency $4,600
Design Subtotal: $38,200
Construction
Construction (36-foot x 60-foot Batter’s
eye)
$230,000
Construction Contingency $46,000
Construction Subtotal: $276,000
Construction Support
Staff Construction Management &
Inspection
$13,800
Consultant Construction Manager$20,700
Survey Staking, Materials Testing &
Special Inspections
$11,500
Construction Support Subtotal$46,000
Total Batter’s eye $360,200
Totals
Grand Total $1,355,600
Current Amount Budgeted $500,000
Appropriation Request $855,600
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File #: 24-0395 Agenda Date: 10/7/2024 Agenda #: 15.

BUDGET

VALLEY STRONG STADIUM

None
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to approve Contract Amendment No. 2 to Zeltmacher Structural Design Engineering Inc. for design services related to the outfield fence replacement project, and the Batter’sEye, in the amount of $35,800 and to appropriate $855,600.00 from the baseball fund.

Environmental Assessment Status: None required.

CEQA Review: City of Visalia Environmental Document #2024-17, Notice of Exemption for the Recreation Ballpark Stadium Fence Replacement was filed at the Tulare County Assessor/Clerk- Visalia City Council Printed on 10/1/2024Page 4 of 5
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File #: 24-0395 Agenda Date: 10/7/2024 Agenda #: 15.

Recorder’s Office on May 9, 2024.

Attachments:

1. Location Map

2. Ownership Disclosure
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MAIN
MURRAY
CENTER
HALL
GOSHEN
PARK

GIDDINGS
CONYER
OAK
GROVE
JACOB

RINALDI
SCHOOL

SWITZER
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SIERRA

DOLLNER

STEVENSON

ACEQUIA
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PRIVATE
LINDEN
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TURNER
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STEVENSON

MILL CREEK

PROJECT LOCATION
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0396 Agenda Date: 10/7/2024 Agenda #: 16.

Agenda Item Wording:

Airport Sewer Lift Station Rehabilitation Contract Award & Appropriation of Funds: Authorize the City Manager to award a construction contract with SW Construction for the Airport Sewer Lift Station Rehabilitation Project in the amount of $588,272.94 and authorize an additional appropriation of funds in the amount of $468,000 from the Wastewater Fund.

Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Cody McLaughlin, Associate Engineer, [email protected], 713-4595 Rebecca Keenan, Senior Civil Engineer, [email protected], 713-4541 Jason Huckleberry, Engineering and Building Department Director, [email protected], (559) 713-4495
Chris Crawford, City Engineer, [email protected], (559) 713-4331 Department Recommendation:

Staff recommends that the City Council:

1. Authorize the City Manager to award a contract with SW Construction for the airport sewer lift station rehabilitation project (4330-72000/CP0578-999) in the amount of $588,272.94.; and

2. Authorize an appropriation of an additional $468,000 from the Wastewater Fund (431).

Background Discussion:

The airport sewer lift station is existing and currently services a 42-inch sewer trunkline. The existing lift station is in dire need of rehabilitation and improvements. The current deficiencies include, but are not limited to, deteriorated ductile iron piping and valves, deteriorated concrete lift station vault and concrete discharge vault, and outdated and failing lift station pumps. The existing lift station is a critical component of the sewer trunkline that services an estimated 3.9 million gallons per day. This trunkline has a recent history of frequent emergency repairs to maintain necessary operation. The completion of this project will refurbish the existing sewer trunkline lift station that serves the northwest industrial district of the city and re-establish it to a satisfactory operating condition.

The project improvements include the preparation & maintenance of a temporary sewer by-pass, installation of a new sewer manhole, sandblasting & coating of the existing concrete sewer lift station vault and existing concrete sewer discharge vault, replacement of ductile iron piping and the installation of new lift station pumps.

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File #: 24-0396 Agenda Date: 10/7/2024 Agenda #: 16.

Bidding Process:

The City of Visalia requested bid proposals for the Airport Sewer Lift Station Rehabilitation Project from a list of pre-qualified contractors that was established through a request for qualified contractors (RFQ). The RFQ scope of work included maintenance and repairs to existing sanitary sewer lines, manholes, and lift stations, the pre-qualified list of contractors from this RFQ included four (4) contractors: SW Construction, GSE Construction, RT Nelson Inc., and West Valley Construction. On August 29, 2024 city staff received three (3) bid proposals from the following contractors:

No. Contractor Location Base Bid

1. SW Construction Bakersfield, CA $588,272.94

2. GSE Construction Livermore, CA $713,650.00

3. West Valley Construction San Jose, CA $1,167,980.00
The low bidder is SW Construction. Bids have been reviewed and references have been verified.

After review of bids and refence checks staff recommends Award of the Project to SW Construction.

Fiscal Impact:

Bid proposals received for construction have come in higher than previously estimated construction costs. This project scope and budget were established approximately 2.5 years ago. As the project progressed through design, the scope and materials were further refined, which increased the construction cost. In an effort to try to control some of the major costs and long-lead procurement concerns, Staff purchased the pumps in advance. But, the remaining construction costs continued to inflate at a rapid rate, and led to an increase in the overall project cost. As a result of these increases, the project has a budget deficit. Refer to the Project Budget Summary below.

Airport Sewer Lift Station Rehab (CP0578)
Soft Costs
Construction Surveying $5,000
Staff Time $28,750
Inspections $8,500
Materials Testing $9,750
Subtotal $52,000
Construction Contract Cost:$588,272.94
Contingency (18.5%) $108,832.06
Subtotal $697,105.00
Project Total Cost: $749,105.00
Current Project Funds: $281,305.00
Project Budget Deficit: $467,800.00
Appropriation Request (431):$468,000.00
Due to the above-identified budget deficit, staff requests the appropriation of a total of $468,000 for Visalia City Council Printed on 10/1/2024Page 2 of 3
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File #: 24-0396 Agenda Date: 10/7/2024 Agenda #: 16.

Due to the above-identified budget deficit, staff requests the appropriation of a total of $468,000 for the completion of this project.

Prior Council Action:

NA
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award a construction contract with SW Construction for the Airport Sewer Lift Station Rehabilitation Project in the amount of $588,272.94 and authorize an additional appropriation of funds in the amount of $468,000 from the Wastewater Fund (431).

Environmental Assessment Status:

Categorical Exemption
CEQA Review:

Categorical Exemption
Attachments:

Ownership Disclosure Form
Project Location Map
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0398 Agenda Date: 10/7/2024 Agenda #: 17.

Agenda Item Wording:

Contract Award for Plaza Park Pond: Authorize the City Manager to award the construction contract with Cal Valley Construction for the Plaza Park Pond shoreline replacement in the amount of $939,500 and transfer funds from an existing ARPA Project.

Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Cody McLaughlin, Associate Engineer, [email protected], 713-4595 Rebecca Keenan, Senior Civil Engineer, [email protected], 713-4541 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], (559) 713-4495
Department Recommendation:

Staff recommends that the City Council:

1. Authorize the City Manager to award a contract with Cal Valley Construction for RFB 23 -24-71, Plaza Park Pond Shoreline Replacement in the amount of $939,500.

2. Approve a $520,000 budget transfer from the Keyless Entry ARPA project to the Plaza Park Pond Shoreline project.

Background Discussion:

The Plaza Park Pond is a facility that is located at Plaza Park. The pond serves as the water source for the Plaza Park irrigation system, receives water through a pipeline that connects to the agriculture well at the Valley Oaks Golf Course, and is already designed (with plumbing installed) to receive reclaim water from the wastewater treatment plant in the future, while providing an aesthetic value to the overall park experience. Over the many years of the existing facility being in use the concrete shoreline that perimeters the pond has experienced significant deterioration, cracking, and erosion.

This is likely a result of aged concrete and soil settlement over the many years the pond has been in operation.

In 2018, city staff began preparing a bid package for repair and maintenance of the pond shoreline.

Due to construction costs and funding shortfalls the project was not awarded for construction at the time. With recently awarded American Rescue Plan Act (ARPA) funding city staff was able to prepare the bid package for construction this year.

The scope of this project will remove the existing deteriorated and eroding concrete shoreline, re- establish the grading of the shoreline, install a new reinforced concrete shoreline perimeter, and Visalia City Council Printed on 10/4/2024Page 1 of 3
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establish the grading of the shoreline, install a new reinforced concrete shoreline perimeter, and repair some cracking and erosion of concrete near the existing photogenic bridge. In addition, the bid package included an alternate bid item to replace the liner along the bottom of the pond.

The improvements incorporated in this project will provide a newly installed and reinforced concrete shoreline that will stabilize the pond perimeter. The improvements should also provide an upgraded aesthetic to the pond by replacing the aged, cracking, and deteriorated shoreline with a newly installed concrete shoreline.

Bidding Process:

The City of Visalia issued a formal Request for Bids (RFB) to solicit construction services for the RFB 23-24-71. On September 5, 2024, city staff received five (5) bids from the following contractors:

No. Contractor Location Base Bid Alternate Bid Total Bid 1 Cal Valley
Construction
Fresno, CA $711,375.00 $77,940.00 $789,315.00
2 JT2 Todd Companies Visalia, CA $706,045.00 $124,704.00 $830,749.00 3 Sierra Range
Construction
Visalia, CA $752,185.38 $106,388.10 $858,573.48
4 CSI Services San Pedro,
CA
$906,250.00 $467,640.00 $1,373,890.00
5 SW Construction Bakersfield,
CA
$1,378,921.70 $252,525.60 $1,631,447.30
This bid package consists of a base bid and an alternate bid. The base bid includes the following scope items: remove the existing eroding concrete shoreline, re-establish the grading of the shoreline, install a new reinforced concrete shoreline perimeter, and repair some cracking and erosion of concrete near the existing photogenic bridge. The alternate bid includes the replacement and installation of a new pond liner along the bottom of the pond. The basis of award for this project was the lowest bid of the Total Bid amount (Base Bid + Alternate Bid). Staff is recommending awarding the contract for the total bid of $789,315 plus $150,185 for project contingency. The project contingency will only be utilized as change orders occur. Any remaining funds will be released back to the ARPA Fund balance.

The apparent low bidder is Cal Valley Construction. Bids have been reviewed and references have been verified. Staff was able to get in contact with one of the three references that were contacted, which was a project manager at Caltrans. The scope of work that Cal Valley Construction performed for this agency included 12 miles of paving restoration and overlay. The Caltrans representative expressed that the contractor executed quality work in a timely manner that served the project schedule. After review of bids and refence checks staff recommends the contractor can perform the work for the project.

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File #: 24-0398 Agenda Date: 10/7/2024 Agenda #: 17.

Fiscal Impact:

The Plaza Park Pond Shoreline Project currently has ARPA and General Fund funding budgeted.

Due to the ARPA deadline of having contracts executed or completed by Dec 30, 2024, staff is recommending not using the General Fund budget of $520,000 and transferring the ARPA funds from the Keyless Building Entry project to the Shoreline project that has not begun due to the number of City buildings and structural materials in each building. Staff will then utilize General Fund money for the Keyless Entry project which has less bidding requirements. City staff has prepared a more conservative construction contingency for this project due to the age and existing state of the pond.

With the age and existing state of the pond there can be unknown conditions and unexpected discoveries once construction begins. Staff is prepared to address any of these unknowns during construction with effective solutions as necessary. Refer to the Project Budget Summary below.

Plaza Park Pond Shoreline Replacement
ARPA Budget: $500,000
ARPA Transfer(CP 0504): $520,000
Total Project Budget: $1,020,000
Estimated Project Costs:

Project/Construction Management (Staff) $45,500
Construction Inspections $17,000
Materials Testing $18,000
Construction Cost $789,315
Construction Contingency (19%) $150,185
Total Estimated Project Construction Cost: $1,020,000
Prior Council Action:

NA
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award the construction contract with Cal Valley Construction for RFB 23-24-71, Plaza Park Pond Shoreline Replacement in the amount of $939,500 and transfer $520,000 from an existing ARPA project.

Environmental Assessment Status:

Categorical Exemption
CEQA Review:

Categorical Exemption
Attachments:

Ownership Disclosure Form
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0399 Agenda Date: 10/7/2024 Agenda #: 18.

Agenda Item Wording:

Developer Reimbursement Agreement - Authorize the City Manager to execute the reimbursement agreement for improvements to Caldwell Avenue associated with the Diamond Oaks Unit No. 1 subdivision located at the southeast corner of Caldwell Avenue and Burke Street and authorize the appropriation of $2,500,000 from the Transportation Impact Fee fund.

Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number: Jason Huckleberry, Director of Eng & Building, (559)713-4495, [email protected]
Department Recommendation:

Staff recommends authorizing the City Manager to execute the reimbursement agreement in the amount of $1,042,494.51 for improvements constructed along Caldwell Avenue associated with the Diamond Oaks Unit No. 1 subdivision and authorize the appropriation of $2,500,000 from the Transportation Impact Fee fund to provide for recent development reimbursements.

Background Discussion:

The Diamond Oaks Unit No. 1 residential subdivision, developed by Diamond Oaks Holdings, LLC, involved the subdivision of 19.5 acres into 54 residential lots. The project constructed improvements to Caldwell Avenue, including the installation of a new traffic signal at Caldwell Avenue and Burke Street. All improvements associated with the Diamond Oaks Unit No. 1 subdivision are complete and have been accepted by the City.

Diamond Oaks Holdings LLC entered into a Subdivision Improvement Agreement with the City for the Diamond Oaks Unit No. 1 subdivision on June 20, 2019. On June 23, 2023 Diamond Oaks Holdings LLC assigned all interest and ownership rights to D.R. Horton CA3, Inc. Prior to executing the reimbursement agreement, Diamond Oaks Holdings LLC shall provide sufficient proof to the City that D.R. Horton CA3, LLC has agreed to transfer all rights to reimbursements for the project.

Caldwell Avenue is an arterial roadway that is funded through the Transportation Impact Fee program. Consequently, portions of the required public improvements on Caldwell are eligible for reimbursement under the City’s impact fee program.

The total amount to be reimbursed to the developer is $1,042,494.51 for arterial roadway pavement, median improvements and new traffic signal installation, along with miscellaneous work associated with adjacent property improvements beyond the developer’s responsibilities. Partial transportation impact fee credits were provided to the developer with building permit issuance. Those credits have been deducted from the reimbursement, the balance of which would be due in the form of a cash Visalia City Council Printed on 10/2/2024Page 1 of 2
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File #: 24-0399 Agenda Date: 10/7/2024 Agenda #: 18.
payment to the developer of the improvements.

On August 21, 2024, the reimbursement agreement for the Diamond Oaks Unit No. 1 Subdivision was reviewed and recommended for approval by the Development Reimbursement Review Committee (DRRC). The DRRC is comprised of staff from the Community Development and Finance Departments. The DRRC reviewed the reimbursement to ensure that the costs are reasonable compared to the City’s costs for comparable capital projects.

Development reimbursements related to transportation projects on arterial and collector roadways are programmed annually in the CIP program (CIP9130), allocating $1,100,000 annually. To provide for several recent development reimbursement agreements, an additional appropriation from the Transportation Impact Fee fund is necessary. Staff has calculated a total appropriation of $2,500,000 to satisfy this agreement, along with other pending reimbursements.

Fiscal Impact:

Cash reimbursement of $1,042,494.51 will be from the Transportation Impact Fee Fund (241). The Diamond Oaks Unit No. 1 subdivision consisted of 54 residential lots, contributing a total of $262,750 in transportation impact fees for the first phase.

Prior Council Action: Council accepted the final map for the Diamond Oaks Unit No. 1 subdivision at their meeting held on August 5, 2019.

Other: On August 21, 2024, the Development Reimbursement Review Committee reviewed and recommended for approval the reimbursement agreement for the Diamond Oaks Unit No. 1 subdivision.

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

I move to authorize the City Manager to execute the reimbursement agreement for improvements completed by the Diamond Oaks Unit No. 1 subdivision and authorize the appropriation of $2,500,000 in Transportation Impact Fee funds to CIP9130 (Developer Transportation Impact Fee Reimbursements).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. Location Map 2. Reimbursement Agreement Visalia City Council Printed on 10/2/2024Page 2 of 2
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Diamond Oaks - Unit No. 1

SUBJECT SITES
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Reimbursement Agreement Page 1 of 7
City of Visalia and Diamond Oaks Holdings, LLC

CITY OF VISALIA

REIMBURSEMENT AGREEMENT

FOR PRIVATELY CONSTRUCTED PUBLIC FACILITIES INCLUDED IN THE CITY’S IMPACT FEE PROGRAMS
This Agreement, dated as of the _____ day of _________________, 2024, is entered into by and between the City of Visalia, a municipal cor poration (the “City”) and Diamond Oaks Holdings, LLC (the “Developer”).

RECITALS:

WHEREAS, Chapter 16.44 of the City of Visalia Municipal Code (the "Code") established development fees and special funds as part of the C ity’s Transportation Fee Program (the “Transportation Fee Program”); and
WHEREAS, Section 16.44.150 of the City of Visalia M unicipal Code authorizes the City to enter into reimbursement agreements for the cons truction of planned transportation facilities designated in the Transportation Fee Program upon application of property developers; and WHEREAS, Chapter 16.40 of the City of Visalia Municipal Code establishes development fees and special funds as part of the City’s Storm Drain System Fee Program (the “Storm Drain Development Fee Program”); and
WHEREAS, Section 16.40.070 of the City of Visalia M unicipal Code authorizes the City to enter into reimbursement agreements for the construction of facilities designated in the Storm Drain Development Fee Program upon application of property developers; WHEREAS, City and Developer, as a condition for app roval of Diamond Oaks Unit 1 subdivision, pertaining to real property identified therein (the property and entitlements so described hereafter referred to as the Project”) ha ve entered into a Subdivision Improvements Agreement that sets forth Developer’s obligations r egarding the dedication of right of way and construction of planned transportation facilities a nd other public improvements, according to improvement plans titled Diamond Oaks Unit 1 , and approved by the City on June 3, 2016 (hereafter collectively referred to as the “Facilities”); and WHEREAS, City and Developer desire to set forth their mutual understandings regarding the manner in which the City shall reimburse Develo per for the Facilities that are non- supplemental transportation facilities and the related right-of-way under the City’s Transportation Fee Program requirements.

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

Section 1. Construction of Facilities

Developer shall complete construction of the Facili ties in accordance with the terms of the Subdivision Improvements Agreement.

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Reimbursement Agreement Page 2 of 7
City of Visalia and Diamond Oaks Holdings, LLC

Section 2. Reimbursement Amounts
The City shall reimburse, through fee credits or cash payments as provided herein, the Developer for the planned Facilities based on the schedule of costs and land values contained in the Traffic Impact Fee Update Nexus Study City of Visalia, dated March 16, 2015. Exhibit 1, attached hereto, lists the Programmed Costs, or the items that the C ity will reimburse the Developer for and lists the applicable unit costs and right of way values. Planned transportation facilities that are non- supplemental improvements to the Project, and for w hich the Developer is entitled to be reimbursed for, are separately identified in Exhibit 1 of this agreement.

If any items are not listed in the schedule of costs then the City and Developer must agree to an acceptable unit cost prior to this Agreement being signed. Changes or variations in the Programmed Costs may be requested by the Developer pursuant to Section 3 of this Agreement.

Section 3. Adjustment to Programmed Costs

The Developer may request the City to adjust the Pr ogrammed Costs. In order to request an adjustment to the Programmed Costs, the Developer must provide the following:

(1) Copies of the original contract with the contra ctor and any change orders that have been agreed to by the Developer, contractor, and th e City. The portion of each change order associated with the Facilities must be itemized separately;

(2) Copies of all invoices, with unconditional lie n releases, submitted by the contractor;

(3) Copies of all checks issued by the Developer w ith related invoices indicated; and

(4) A summary tabulation of all contractor invoice s and Developer payments.

If, when the final reconciliation of construction c osts for the improvements to be reimbursed is conducted by the City, the actual construction cost s for any of the Facilities so reimbursed exceeds the Programmed Costs for such Facilities, t he City Engineer shall review the items described above and determine if the Programmed Costs that will be credited/reimbursed to the Developer should be increased above the amount shown in Exhibit 1 to fairly reflect change orders or other changed circumstances. The City Engineer shall determine in his/her reasonable discretion how much of the actual construction cost s should be included in an increase to the Programmed Costs, and if acceptable, the parties shall execute an amendment to this Agreement setting forth the adjusted Programmed Cost.

Section 4. Right to Reimbursement

Developer shall be reimbursed the final amount of t he Programmed Cost in the manner as set forth in Section 5 below. Reimbursements payments by the City will not be made until all of the following requirements are met:
(1) All Facilities are completed and formally accepted by the City as shown by the issuance of a Notice of Completion by the City; and
(2) A reimbursement request is submitted to the Cit y. The Developer must apply for reimbursement within four (4) years after the City has accepted the Facilities or within four years 323

Reimbursement Agreement Page 3 of 7
City of Visalia and Diamond Oaks Holdings, LLC

of January 30, 2009, the effective date of Ordinance No. 2008-14, which modified Chapter 16.44 of the Visalia Municipal Code to contain this requi rement, whichever is later. The Developer waives all right to reimbursement from the City if they do not request reimbursement within this four-year limitation; and
(3) Thirty (30) days have passed since the City acc epted the facilities and no claims of nonpayment have been filed with the city. If such claims have been filed, then the City will not reimburse the Developer until the claims are resolved.

Section 5. Reimbursement Method

Upon issuance of a Notice of Completion for the Fac ilities, Developer shall be reimbursed the Programmed Costs in the following manner(s):

5.1 Cash Reimbursement from Development Fees Collected City Wide . City shall pay $1,042,494.51 of the Programmed Costs upon Developer’s submittal of a reimbursement request in compliance with Section 4 after this Agreement is executed. This represents work that has already been completed in good faith prior to final execution of this agreement. The City will reimburse the Programmed Costs to the Developer without interest.

Section 6. Transfer of Reimbursement Rights

Rights to cash payment reimbursements or fee credit s granted to Developer pursuant to this Agreement may be transferred to other owners, build ers, or developers only with the written consent of City. The notice must be signed by the Developer and the City, and an executed copy of the form shall be kept on file at the City.

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

Section 8. Liens, Claims, and Encumbrances
Prior to final acceptance and issuance of Notice of Completion for any Facilities by the City, the constructing Developer shall provide a written guarantee and assurance to the City that there are no liens, claims, or encumbrances on those Faciliti es, together with unconditional final releases from all contractors and material suppliers, and with copies of invoices and corresponding checks issued by the Developer for all items for which reimbursement is requested under this Agreement for the Facilities. Notwithstanding any other prov ision or term of this Agreement, the City shall have no obligation to make any reimbursement paymen ts until the constructing Developer has cleared any and all liens, claims and encumbrances from the Improvements and provided the required documentation, guarantee and assurance in writing, to the satisfaction of the City. 324

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

Section 11. Notices
Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be dee med to have been duly given on the date of service if served personally (FedEx and similar ser vices, each of which is hereinafter called an “Express Courier,” shall be considered to be personal service) or by telephone facsimile or other electronic transmission (provided that the sender o f a telephone facsimile or other electronic transmission has received confirmation of successful transmission by the sending fax machine), and upon receipt, if mailed to the party to whom notice is to be given, by first-class mail, registered or certified, postage prepaid, return receipt requested, and properly addressed as follows:

City: With a copy to:

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

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

Developer:

Diamond Oaks Holdings LLC
1441 S Mooney Blvd Ste D
Visalia CA 93277
Attn: Bob Ausherman

Either party may change its mailing address at any time by giving written notice of such changes to the other party in the manner provided herein.

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

Section 14. Binding on Successors and Assigns
Each and every provision of this Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the par ties hereto, in the same manner as if such parties had been expressly named herein.
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Section 15 . Governing Law; Venue
This Agreement is made under, and shall in all resp ects be interpreted, enforced, and governed by, the laws of the State of California. In the ev ent of a dispute concerning the terms of this Agreement, the venue for any legal action shall be with the appropriate court in the County of Tulare, State of California.

Section 16. Exhibits
The Exhibits attached hereto are hereby incorporated herein by this reference.

Section 17. Entire Agreement
This Agreement contains the entire agreement betwee n the parties with respect to the matters contained herein and may be amended only by subsequ ent written agreement signed by all parties.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and the year first written above.

CITY OF VISALIA, Diamond Oaks Holdings, LLC
A municipal corporation A California Limited Lia bility Company

Leslie B. Caviglia Signature Date
City Manager/City Clerk Date

Print Name

Title

ATTEST:

Deputy City Clerk Date

APPROVED AS TO FORM:

City Attorney Date

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0402 Agenda Date: 10/7/2024 Agenda #: 19.

Agenda Item Wording:

Information Services Department Grant Authorization - Confirm the submission of a grant application for the 2024 State and Local Cybersecurity Grant Program for updated security appliances and applications in an amount not to exceed $250,000, to accept the grant and appropriate the amount, up to $250,000, if the grant is awarded.

Deadline for Action: 10/7/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Chris Terry, Information Systems Analyst, 559-713-4018 [email protected] John Howson, IS Manager, 559-713-4122 [email protected] Renee Nagel, Finance & Technology Director, 559-713-4375 [email protected] Department Recommendation:

Staff recommends City Council confirm the submission of the submission of a grant application to apply for the 2024 State and Local Cybersecurity Grant Program (SLCGP) administered by California Governor’s Office of Emergency Services (Cal OES) for updated security appliances and applications in an amount not to exceed $250,000, to accept the grant and appropriate the amount, up to $250,000, if the grant is awarded.

Background Discussion:

The State and Local Cybersecurity Grant Program (SLCGP) provides state and local governments and federally recognized tribal nations, with funding to address cybersecurity risks and threats to information systems and improve security of critical infrastructure and resilience of the services these entities provide to their communities.

On August 29, 2024 staff were notified that this grant was available through Cal OES. After reviewing the grant proposal staff identified two existing CIP projects that overlapped with the grant requirements. The grant would potentially provide funding to replace and update the City’s firewall appliances and security logging and monitoring systems. The grant had a submission deadline of September 27, 2024. Staff submitted a tentative proposal to be considered for ranking and scoring.

If the proposal scores high the grant would be awarded. Selected grant applications will be awarded an amount up to $250,000. Because of the tight timelines between notification of the grant and the submission deadline, the application was submitted without formal Council approval. When this does occur, staff comes to Council and requests confirmation of the submission.

In an increasingly online world, protecting digital infrastructure is vital to the City’s ability to deliver essential services to residents. Maintaining up to date security equipment and having systems in place to log and monitor threats help identify and combat a range of cybersecurity threats. New Visalia City Council Printed on 10/1/2024Page 1 of 2
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File #: 24-0402 Agenda Date: 10/7/2024 Agenda #: 19.
systems are better equipped to detect and thwart malicious actors and identify and reduce attack vectors.

Fiscal Impact:

If awarded, staff requests appropriation of the grant amount, up to $250,000, from the General Fund to purchase security equipment and software. This amount will be reimbursed by the 2024 2024 State and Local Cybersecurity Grant Program.

Prior Council Action: N/A
Other: N/A
Alternatives: Deny the request and do not appropriate funding if the grant is awarded. These projects would be funded by the CIP project already established.

Recommended Motion (and Alternative Motions if expected):

I move to confirm the submittal of a grant application for the 2024 State and Local Cybersecurity Grant Program (SLCGP) administered by California Governor’s Office of Emergency Services (Cal OES) for updated security appliances and applications in an amount not to exceed $250,000, to accept the grant and appropriate the amount, up to $250,000, if the grant is awarded.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: FY 2024_SL Program CFO_VisaliaCity.pdf
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Fiscal Year 2024 State & Local Cybersecurity Grant Program for Local & Tribal Governments (SL) – Notice of Interest (NOI) Section I. Applicant Information (Not Scored)
Local or Tribal Government Entity (must meet the federal definition of Local Government in 6 U.S.C. §101(13) or Tribal Government in 6 U.S.C. §665(g)(a)(7) and be located in California) Physical Address of Local or Tribal Government Entity:

Street
City State Zi
p Code County
Mailing Address, if different:

Street
City State Zip Code
Unique Entity Identifier (UEI):

Federal Employer ID Number (FEIN):

Website/URL of the Organization:

Authorized Agent/Tribal Chairperson Contact Information:

Name Title/Role
Telephone Number Email
Primary Point of Contact Information:

Name Title/Role
Telephone Number Email
Funding Requested (Maximum of $250,000)
Please check this box if the Applicant is willing to accept less than the full amount requested based on scoring, proposal selection, and availability of grant funding:

If partial grant funding can be accepted, please identify in whole dollars the minimum amount of grant funding that will be accepted:

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FY2024 SLCGP Local & Tribal NOI
Section II. Alignment with California Cybersecurity Plan & SLCGP Objectives (40 Points Total) Describe the proposed project(s) and how each project will fill identified, critical cybersecurity capability gaps.
a. Thoroughly describe the project(s) being propos ed, outlining the various elements or stages involved to implement and complete the project(s), including how the project aligns with one or more of the SLCGP Objectives and implements any applicable cybersecurity best practices as outlined in the California SLCGP Cybersecurity Plan. Please refer to the FY 2024 SLCGP Program Supplemental and the FY 2022 and FY 2023 NOFOs for more information and additional considerations. (2,200 characters max with spaces; 20 points) b. Describe how the proposed project(s) align with one or more of the 16 cybersecurity plan elements and any of the associated statewide priorities addressed in the California SLCGP Cybersecurity Plan. Please refer to the cybersecurity plan and the FY 2022 and FY 2023 NOFOs (see Appendix C, Cybersecurity Plan, Required Elements, in the NOFOs) for additional information on the cybersecurity plan elements. (2,200 characters max with spaces; 20 points) Revision 2024 Page 2 of 7 332

FY2024 SLCGP Local & Tribal NOI
Section III. Impact(s) of Loss of Network Availability (40 Points Total) a. Describe your organization's mission/objectives and how your network supports these. (2,200 characters max with spaces; 20 points)
b. Describe how your network's loss of availability would impact security, economic security, public health or safety, or any combination of those matters. (2,200 characters max with spaces; 20 points)
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FY2024 SLCGP Local & Tribal NOI
Section IV. Cybersecurity Posture Maturity Level (40 Points Total) Describe the Applicant’s current cybersecurity governance, infrastructure, and capabilities and how SLCGP funding will help improve them.
a. Describe to what degree the Applicant’s current cybersecurity posture aligns with the 16 Elements of Cybersecurity as identified in the California SLCGP Cybersecurity Plan (beginning on p. 6) and how FY 2024 SLCGP funding will enhance and/or improve the existing posture. (2,200 characters max with spaces; 20 points)
b. Describe the Applicant’s current cybersecurity maturity as it relates to the functions of the National Institute of Standards and Technology Cybersecurity Framework 2.0 and how SLCGP funding will enhance and/or improve the existing cybersecurity maturity level. The Applicant should ensure the proposed project(s) is/are an appropriate match to their cybersecurity maturity level as indicated by their survey responses and address critical gaps. (2,200 characters max with spaces; 20 points)
c. In addition to the narrative questions in this sect ion, Applicants must complete an online survey on their organization’s cybersecurity posture maturity. Upon completion of the survey, Applicants must download a copy of their responses and attach as a PDF to submit with this NOI form ; proposals submitted without completing the survey may not be considered for funding.

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FY2024 SLCGP Local & Tribal NOI
Section V. Cybersecurity Gap(s) (20 Points)
a. Describe how each proposed project will fill critical cybersecurity capability gap(s) identified by the Applicant. (2,200 characters max with spaces; 20 points) Section VI. Proposed Budget (20 Points)
In this section, select Yes or No regarding applicable project related activities the organization plans to expend with grant funds. Describe the acti vity and provide the cost estimate related to cybersecurity enhancements of the organization. The maximum amount available for FY22 funds is $82,500, the maximum available for FY23 is $167,500, for a total maximum request of $250,000.

NOTE: Due to the competitive process, changes to the scope of work are not permitted. Please ensure the projects being proposed are well planned, as an y funds that remain at the end of the period of performance will be disencumbered.

Activity Description Cost
FY22 F Y23 Planning
Organization
Equipment
Training
Exercise
Management and Administration (not to exceed 5% of the total amount requested).

Indirect Costs
TOTAL COSTS (FY22 + FY23)
(This amount must match Funding Requested on Page 1)
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FY2024 SLCGP Local & Tribal NOI
Section VII. Milestones (20 Points)
Describe how the project(s) being proposed will be completed within the period of performance, including a timeline with key milestones. Start date s should reflect the start of the associated key activities and end dates should reflect when the milestone event will be completed. Applicants should provide no more than 10 milestones.

Milestone Start Date Completion Date

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

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FY2024 SLCGP Local & Tribal NOI
Section VIII. Population (Not Scored)
Check the box if the total population of the Applicant organization (e .g., county or city population for county or city governments, enrollment for school districts, service population for special districts, tribal membership for tribal governments, etc.) is less than 50,000 individuals.

Utilization of Additional Funds if Available (Not Scored) If additional funds become available, how would you utilize the funds to expand or enhance your proposed
project(s)? (2,200 characters max with spaces)
Applicant Certification Information
Before submitting, please review your responses and ensure that they are complete, including the required survey. Submit the completed NOI, alon g with other required documents, via email to [email protected]
IMPORTANT NOTE: Subm issions received after the deadline of Friday, September 27, 2024, 11:59 PM PST will not be accepted and will be disqualified from continuing in the competitive application process. No exceptions can be made. Please plan accordingly.

Applicant has completed the online cybersecurity posture maturity survey and downloaded a PDF copy of their responses.

I certify that the information provided, including population size, is complete and correct to the best of my knowledge.

Name, Title/Role
E-mail Address
Phone Number

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0403 Agenda Date: 10/7/2024 Agenda #: 20.

Agenda Item Wording:

Authorization to revise the Axon Fleet 3 Mobile Audio/ Video Contract: Authorize the City Manager to amend the current Fleet 3 Mobile Audio/Video Contract with Axon Enterprise Inc. to advance the purchase of twenty-three (23) in-car camera systems, include 5G network capabilities for thirty-four (34) new in-car camera systems, and purchase ninety-nine (99) Airgain Antennas, to equip existing patrol vehicles with 5G network capabilities.

Deadline for Action: 10/7/2024
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Captain Dan Ford, ext. 4151, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> Department Recommendation:

Authorize the City Manager to amend the current Fleet 3 Mobile Audio/Video Contract with Axon Enterprise Inc. to advance the purchase of twenty-three (23) in-car camera systems, include 5G network capabilities for 34 new in-car camera systems, and transfer $77,255 from existing ARPA projects with a surplus. Staff is also recommending to appropriate $101,837 from the General Fund to purchase ninety-nine (99) Airgain Antennas, to equip existing patrol vehicles with 5G network capabilities.

Summary:

The Visalia Police Department has begun taking receipt of 34 patrol vehicles ordered in the fall of 2023. To equip all of these vehicles with Mobile Audio/Video (MAV) in-car camera systems, the current contract with Axon Enterprise needs to be amended to advance the purchase of 23 Axon Fleet in-car camera systems that were originally scheduled to be ordered in years four and five of the contract (11 in FY24/25 and 12 in FY25/26), in addition to the 11 systems that are slated to be installed this year. This advance is due to the Department ordering a larger number of patrol vehicles due to supply and demand concerns with vendors for police fleets.

Additionally, due to improvements in 5G network communications technology and areas of concern related to the current network coverage of our LTE network, Information Services staff are recommending outfitting the MAV systems described above (total of 34), and the existing 99 patrol vehicles with 5G capable hardware. For the 34 new systems, the hardware will be included with new MAV system. Staff are requesting to purchase 99 Airgain 7-in-1 5G capable antennas and associated installation cost for the remaining 99 vehicles.

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File #: 24-0403 Agenda Date: 10/7/2024 Agenda #: 20.

Background Discussion:

On March 21, 2022, Council approved the acquisition of 133 MAV in-car camera systems for the Police Department's patrol fleet, utilizing ARPA funding. The vendor, Axon Enterprise Inc., was selected through an RFP process. Upon obtaining council approval, the in-car cameras have been acquired and installed in a phased approach, including 88 vehicles in year one and 11 vehicles in year two. We were projected to install an additional 11 systems each in year three (FY24/25) and year four (FY 25/26), and 12 vehicles in year five (FY 26/27). This approach aimed to ensure that systems were not installed in old vehicles that were likely to be replaced within a few years and would have incurred additional installation costs and risk of damage to the hardware. By utilizing this approach, the Department anticipated putting new systems in new vehicles in accordance with our vehicle replacement plan. As of today, the Department has installed the MAV systems in 99 vehicles.

We are due to receive 11 additional MAV systems by December 1, of 2024. In addition to these 11, staff are requesting to advance the remaining 23 systems that were projected in years four and five.

This plan was implemented before the vehicle shortages and manufacturing issues that arose due to the COVID pandemic. Because of supply and demand issues, the vehicle replacement plan had to be amended. In the Fall of 2023, the Council approved the purchase of 34 vehicles after an intensive effort by Police Department staff to secure a supply of Dodge Durango Pursuits. Despite the order of these vehicles, staff elected to delay amending the contract until we began to receive these vehicles due to uncertainty in the automotive manufacturing industry and to avoid unnecessary costs or contractual obligations if we received the systems without being able to use them should the vehicles have failed to arrive at the estimated delivery date.

During this period, MIS staff and the Police Department also conducted testing of the LTE communications network to assess its reliability. When we purchased our Axon MAV in-car system, 5G was still evolving in our area, did not have reliable coverage, and was untested with the technology used in the MAV systems, leading to our recommendation to remain with LTE. Recent testing indicates LTE is now experiencing coverage gaps, impacting the effective communication of department mobile data computers, which is expected to worsen with time due to telecommunication providers indicating that all future communications towers will be 5G exclusive. Additionally, the 5G hardware used in the MAV system has been tested thoroughly, and staff are confident in its reliability.

Based on the research conducted by City staff, we have determined that all 34 new MAV systems should be capable of 5G network communications.

Additionally, staff must replace the current fleet's antenna and cradle points. The recommended antenna is the Airgain 7-in-1, and staff are requesting to use this model to replace 99 antennas for vehicles currently using the Axon MAV system. Additionally, MIS has located the required cradle points at a discounted rate, which will be presented to the Council in a separate staff report. In addition to the antenna purchase, staff have negotiated with Axon to install all new antennas for existing systems at a discounted rate.

Fiscal Impact:

At the March 21, 2022, meeting, the Council approved $900,000 for this project. The amended contract cost to advance the equipment and licensing for 23 vehicles and upgrade all 34 vehicles to 5G is $84,335. These changes result in a project shortfall of $77,255. Staff recommends transfering$77,255 from existing ARPA projects that have a surplus.

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File #: 24-0403 Agenda Date: 10/7/2024 Agenda #: 20.

Staff is also recommending an additional appropriation from the General Fund in the amount of $101,837 to purchase and install 99 antennas for the current MAV systems installed in our police fleet. As mentioned above, a separate contract to fund and purchase the cradle points will be brought back to Council in the near future. This change is recommended to be funded from a different fund due to ARPA funds installing the original LTE system. Below is a table that summarizes the changes recommended:

Audio/Video System Implementation in Patrol Cars
# of Cars Year 1
FY 22/23
Year 2
FY 23/24
Year 3
FY 24/25
Year 4
FY 25/26
Year 5
FY
26/27
Total
Original Cars88 11 11 11 12 133
Proposed Cars88 11 34 0 0 133
Increase
(Decrease)
0 0 23 -11 -12 0
# of Cars Year 1 Year 2 Year 3 Year 4 Year 5 Total
Original Cars $319,63
7 $89,222 $115,20
7 $149,91
0 $218,944 $892,920
Proposed Cars $319,63
7 $89,222 $377,63
6 $95,380 $95,380 $977,255
Increase
(Decrease)
$- $- $262,42
9 $(54,530
)
$(123,564
)
$84,335
*Note: The $84,334 increase is due to upgrading to 5G and advancing license earlier.

ARPA Project
ARPA CIP Budget $900,000
Original Contract $(892,920)
Proposed Changes #1 $(84,335(
ARPA PA Shortfall $(77,255)
99 Antennas Upgrade for 5G$(101,838)
Total Funding Requests $(179,093)
Total Contract Increase $186,173
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
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File #: 24-0403 Agenda Date: 10/7/2024 Agenda #: 20.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to amend the current Fleet 3 Mobile Audio/Video Contract with Axon Enterprise Inc. to advance the purchase of twenty-three (23) in-car camera systems, include 5G network capabilities for 34 new in-car camera systems and transfer $77,255 from remaining ARPA projects; and appropriate $101,837 from the General Fund to purchase ninety-nine (99) Airgain Antennas, to equip existing patrol vehicles with 5G network capabilities.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: N/A
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0404 Agenda Date: 10/7/2024 Agenda #: 21.

Agenda Item Wording:

Solid Waste Truck Replacement Grant Program - Authorize the adoption of Resolution No. 2024- 55 approving the application for a San Joaquin Valley Air Pollution Control District (SJVAPCD) grant for the purchase of an all-electric residential solid waste truck. Authorize the public works department to apply for the Truck Replacement Grant Program to aid in the purchase of a new all-electric solid waste vehicle.

Deadline for Action: 10/7/2024
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 713-4533 Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:

Staff recommends that the City Council adopt Resolution No. 2024-55 approving the application to the San Joaquin Valley Air Control Pollution District Truck Replacement Program to aid in the purchase of an all-electric solid waste vehicle.

Background Discussion:

In accordance with the City’s approved FY 24/25 Capital Improvement Budget, the Solid Waste Department is scheduled to purchase the following trucks for replacement:
(2) Commercial Front Loader CNG (VH0309)
(5) Residential Side Loader CNG (VH0305)
Before taking the request for authorization to purchase the scheduled trucks to Council at a later date, staff is requesting the approval to apply for the Truck Replacement Program grant offered by the San Joaquin Valley Air Pollution Control District that can pay to offset the cost of one (1) residential side loader. The purchase to replace this residential side loader is unique to the City Public Works Department as the new truck being purchased will be an all-electric Peterbilt 520EV.

The Solid Waste Department is proposing the purchase of an electric truck to help satisfy the Advanced Clean Fleet regulations that the State of California has mandated for the future. With the benefits listed below, staff feels that the department has an opportunity to not only obtain funding, but the ability to realize some benefits:

1. The Truck Replacement Program Grant requires that the truck being replaced is a 2017 or older engine model year. The trucks that are due to be replaced this fiscal year are of 2015 model years, and this replacement round will be the last of any truck purchased before model year 2017.

2. Because the City has chosen the Zero Emission Vehicle (ZEV) milestones option, this zero- Visalia City Council Printed on 10/1/2024Page 1 of 3
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File #: 24-0404 Agenda Date: 10/7/2024 Agenda #: 21.

2. Because the City has chosen the Zero Emission Vehicle (ZEV) milestones option, this zero- emission vehicle addition to the fleet would help the City meet this requirement under the State’s Advanced Clean Fleet (ACF) regulation for 2025.

3. While the purchase of this truck would be a pilot for future expansion of the fleet to zero- emission vehicles, the department plans to run this truck on an actual route after purchase, fully realizing its potential and any drawbacks that an all-electric vehicle would have on the solid waste operation. This would help in future decision making of applicability and feasibility.

4. Electric Vehicles (EV) get a larger funding amount compared to low NOx Natural Gas internal combustion-powered vehicles. Based on fleet size, the City would be eligible for up to 50% of the cost of the vehicle. The funding amount is anticipated to bring the cost of the EV truck in line, or below, the cost of a typical Compressed Natural Gas (CNG) truck that the City has purchased in the past, which makes up about 75% of its fleet.

The City of Santa Ana currently runs two Peterbilt 520EV trucks (the same truck being proposed by staff) on full recycling routes. The City’scontracted solid waste hauler reports that these trucks are reliable, and if any warranty work is needed, Peterbilt has been responsive in repairs. The truck is rated for an 80-100-mile range per day with 1,100 can pickups as an automated side-loader. The City of Santa Ana also states that their truck is able to perform large routes with many battery draining hills. The City of Visalia’s flat landscape may help increase this performance.

Staff is also continuing to explore zero-emission vehicle alternatives, such as hydrogen fuel cell technology. However, the development and availability of these vehicles in the heavy-duty market is still progressing. Staff hopes to do a similar pilot program in the future for comparison.

Charging Infrastructure
Due to this truck being a pilot project, staff is not recommending investing in electrical charging infrastructure at this time. Currently, the City’sTransit Department has an available charging port that may be used before making a larger investment. In order to be compensated for the electrical usage, KWh telemetry data from the EV truck will be reported to the Transit department to reimburse KW usage. This option has been tested by bringing the EV truck to the yard and ensuring that it can plug into the existing charging stations onsite.

Timeline for SJVAPCD Truck Replacement Program grant process:

1. City Council approval for grant application

2. Grant application is submitted
a. 60-day or less turnaround for contract to be completed with the Air Board

3. Return to Council with Air Board contract for approval of purchase

4. Purchase of truck
Fiscal Impact:

Because the Truck Replacement Program requires the replacement of an internal combustion engine that is 2016 or older, staff is requesting this authorization under the premise that the new EV solid waste truck will be taking the place of an already approved CIP budget replacement due for this fiscal year. But, in order to guarantee fleet reliability and integrity, the originally anticipated trucks to be purchased will still be procured, therefore increasing the number of purchased trucks from seven (7) to eight (8) trucks this year. Based on anticipated performance data provided by the manufacturer, staff believes that the EV truck should be able to perform on specific routes, but staff must ensure that daily operation isn’timpacted if unforeseen problems arise from this new technology. Instead of the above allocation of trucks scheduled to be purchased for replacement, staff is recommending the Visalia City Council Printed on 10/1/2024Page 2 of 3
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File #: 24-0404 Agenda Date: 10/7/2024 Agenda #: 21.
the above allocation of trucks scheduled to be purchased for replacement, staff is recommending the following:
(2) Commercial Front Loader CNG (VH0309)
(5) Residential Side Loader CNG (VH0305)
(1) Residential Side Loader EV (NEW)
This would most likely require an additional appropriation for the additional truck when staff returns with the approval to purchase. This amount will be determined when the final amount of the grant is finalized.

Prior Council Action: N/A
Other: N/A
Alternatives: Alternative #1: Adopt Resolution No. 2024-55 approving the application for a SJVAPCD Truck Replacement Program grant, but use the new EV truck to replace a scheduled replacement without buying an additional vehicle for fleet integrity. Alternative #2: Not adopt Resolution No. 2024-55 and not pursue the purchase an all-electric solid waste truck at this time.

Recommended Motion (and Alternative Motions if expected):

I move to Authorize the adoption of Resolution No. 2024-55 approving the application to the San Joaquin Valley Air Control Pollution District Truck Replacement Program to aid in the purchase of an all-electric solid waste vehicle.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1) Resolution 2024-55 2) SJVAPCD Truck Replacement Program application Visalia City Council Printed on 10/1/2024Page 3 of 3
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RESOLUTION NO. 2024-55
RESOLUTION of the City of Visalia authorizing submittal of application(s) for the San Joaquin Valley Air Pollution Control District Truck Replacement Program

WHEREAS, District staff identified a grant from the San Joaquin Valley Air Pollution Control District (SJVAPCD) to support the purchase of a new alternative fuel vehicle under a grant program eligible to public agencies throughout the San Joaquin Valley; and

WHEREAS, the program is available to public agencies such as cities, counties, special districts, and public education institutions located within the geographical boundaries of the San Joaquin Valley Air Pollution Control District; and

WHEREAS, the District is an eligible public agency under the program, and seeks to reduce the amount of air pollutants by the operation of its facilities, particularly carbon monoxide and other harmful emissions from gas powered vehicles used by District employees in performance of their duties; and

WHEREAS, as part of the grant requirements, reimbursement will take place after the new vehicle is purchased and all of the required documents, as specified in Truck Replacement Program Payment Procedures, are submitted to the SJVAPCD; and

NOW, THEREFORE, BE IT RESOLVED that the City of Visalia Council hereby authorizes the City Manager, or their Designee, to make application for, to sign required assurances, and to administer the SJVAPCD Truck Replacement Program with respect to applications for Local, State and Federal programs, projects or grants, on behalf of this City Council.

PASSED AND ADOPTED: October 7, 2024 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2024-55 passed and adopted by the Council of the City of Visalia at a regular meeting held on October 7, 2024.

Dated: October 7, 2024 LESLIE B. CAVIGLIA, CITY CLERK

By Jennifer Gomez, Chief Deputy City Clerk

345
346
347
348
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0410 Agenda Date: 10/7/2024 Agenda #: 22.

Agenda Item Wording:

Authorize Purchase of Equipment and Services from T-Mobile: Authorize the City Manager to enter into a (5) year contract with T-Mobile to provide cellular services in an amount not to exceed $670,000, to purchase equipment from T-Mobile in an amount not to exceed $300,000, and appropriate $90,324 for 5G mobile routers for Police vehicles.

Deadline for Action: 10/7/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

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

It is recommended that the Visalia City Council authorize the City Manager to enter into a (5) year contract with T-Mobile to provide cellular services in an amount not to exceed $670,000, to purchase equipment from T-Mobile in an amount not to exceed $300,000, and appropriate $90,324 for 5G mobile routers for Police vehicles.

Background Discussion:

In 2020, Council authorized the City Manager to enter into a contract with T-Mobile to provide cellular services for City phones and devices. There are currently 357 lines of service with T-Mobile. These cover a range of devices from smart phones, tablets, wireless irrigation controllers, field time clocks, drones that relay video signal, smart cameras, vehicle safety monitoring, real-time field collection, public safety in-car camera systems, and more. In April 2020, following the Council approval in January of 2020, the City was able to secure 323 lines of smart phone service from T-Mobile for Public Safety at no cost through April of 2030 as part of their Connecting Heroes program.

Staff evaluated service plans and coverage from the top cellular providers in our region, AT&T, FirstNet, T-Mobile, and Verizon. After extensive testing it was determined that T-Mobile and Verizon provided the best coverage, and that T-Mobile provided the most cost effective plans.

City technology staff first moved smart phones and devices that had limited impact to T-Mobile. After additional testing with Public Safety and Transit staff feels comfortable moving the in-vehicle routers for Police, Fire, and Transit to T-Mobile. Staff is recommending that we move 207 lines of service from Verizon to T-Mobile. This would result in an annual savings of $15,900 ($79,500 in savings over the 5 year contract period).

Device

Qty

Verizon

Monthly

T-Mobile

Monthly

Police Mobile Routers

135

$40.00

$5,400

$33.60

$4,536
Fire Mobile Routers

22 $40.00

$880

$33.60

$1,344
Transit Mobile Routers

50 $40.00

$2,000

$33.60

$1,680

Total

207

$8,280

$6,955

Annual Total

$99,360

$83,460
Annual Savings

$15,900

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File #: 24-0410 Agenda Date: 10/7/2024 Agenda #: 22.

Device

Qty

Verizon

Monthly

T-Mobile

Monthly

Police Mobile Routers

135

$40.00

$5,400

$33.60

$4,536
Fire Mobile Routers

22 $40.00

$880

$33.60

$1,344
Transit Mobile Routers

50 $40.00

$2,000

$33.60

$1,680

Total

207

$8,280

$6,955

Annual Total

$99,360

$83,460
Annual Savings

$15,900

Updating Current Equipment
When the Public Safety vehicle fleet was first outfitted, the City only had reliable 3G and 4G coverage. Of the 157 mobile routers used by Public Safety, 121 do not support 5G. With the vehicles all recording video and the increase in technology needs, 5G support is now becoming a critical necessity. Additionally, we have been notified by T-Mobile that new towers are only operating at 5G service and new 4G service will not be installed. Staff is recommending that we upgrade the 121 4G only devices to 5G capable devices.

The City has standardized Cradlepoint devices for the City’s mobile fleet. The R1900 5G mobile router is an updated version that supports 5G, this is a ruggedized commercial router designed for vehicle fleet use. The R1900 router has a list price of $3,099. The National Association of State Procurement Officials (NASPO) contract available to State and local agencies provides a 25% discount off the list price, for a sale price of $2,324. In an effort to reduce costs further staff contacted T-Mobile to see if there were incentives to move service and if they could provide the R1900 at a discount. T-Mobile has agreed to sale the R1900 to the City at a cost of $840, 73% off list price.

When the initial agreement with T-Mobile was reached in 2020 T-Mobile provided the Police Department with 130 iPhone 8 devices at a discount. The discount was due to the phones already being 3 years old. The iPhone 8 platform is now 7 years old and is no longer receiving updates and battery life is becoming an issue. Staff established a General Fund CIP(EQ0207) in the current budget (FY24/25) to replace these devices. Staff is recommending that these devices be replaced to maintain current security updates and provide battery life that would cover an entire shift.

Fiscal Impact:

Monthly service is currently budgeted in each departments operating budget which is estimated to be $133,500 annually. The equipment purchases recommended total $300,396 as shown in the table below. Of this amount staff is requesting an additional appropriation of $90,324 for the 99 patrol cars’ Cradlepoint mobile router upgrades. This equipment is needed for the Axon fleet system upgrade that is being requested in a separate agenda item tonight.

Service Monthly Cost
357 lines of existing T-Mobile Service* $3,500
*This includes a monthly discount of $6,358 for the Public Safety phones as part of the Connecting Heroes program
207 lines of service being moved from Verizon to T-Mobile $6,955 20 additional devices over contract life $670
Total Monthly Cost $11,125
Total Annual Cost $133,500
Total 5 Year Cost $667,500
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File #: 24-0410 Agenda Date: 10/7/2024 Agenda #: 22.Service Monthly Cost 357 lines of existing T-Mobile Service* $3,500
*This includes a monthly discount of $6,358 for the Public Safety phones as part of the Connecting Heroes program
207 lines of service being moved from Verizon to T-Mobile $6,955 20 additional devices over contract life $670
Total Monthly Cost $11,125
Total Annual Cost $133,500
Total 5 Year Cost $667,500
Equipment Purchases
Qty Device Type Cost Funding Source
22 R1900 5G mobile routers for Fire $20,072 CIP EQ0238 ($93,800) 99 R1900 5G mobile routers for PD $90,324 General Fund appropriation 130 Smartphone replacements for PD $150,000 CIP EQ0207 ($150,000) 40 New and replacement devices over
the next 5 years
$40,000 Operating Budgets
Total 5 Year Equipment Cost $300,396
Prior Council Action: In January 2020 Council authorized the City Manager to enter into a (5) year agreement with T-Mobile for cellular services in an amount not to exceed $150,000 annually.

Alternatives: Direct staff to keep the existing cellular services with their current providers.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to enter into a (5) year contract with T-Mobile to provide cellular services in an amount not to exceed $670,000, to purchase equipment from T-Mobile in an amount not to exceed $300,000, and appropriate $90,324 from the General Fund for 5G mobile routers for Police vehicles.

Attachments: TMobile_City_of_Visalia_-_Cradlepoint_Devices.pdf Visalia City Council Printed on 10/1/2024Page 3 of 3
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WELCOME TO THE UN-CARRIER

T-Mobile Confidential Proprietary Information
1 Thank you, . Here are the details of your contract:

ACCOUNT INFORMATION
Company Name City of Visalia PD Authorized Purchaser Ben Marquez Billing Account Number
or Federal Tax or SSN/ONYX 966712272 & 967254903 Contact Phone No. 559-713-4367 Contact E-Mail Address [email protected] Billing Address 707 W ACEQUIA AVE Visalia, CA 93291
T-Mobile Account
Representative Kirt Browning T-Mobile Account
Representative Phone No. 559-699-0520
Agreement Display Language: English
Customer Comments:

Here are the details of your order:

DEVICES & ACCESSORIES
Product Name Price Quantity Total
Cradlepoint R1900-5GB 3 yr Essentials $840.89 121 $101,747.69

Total Retail Price for Devices $110,395.56 after taxes included

SHIPPING DETAILS
Product Name Type Quantity Color Shipping Attn: Shipping Address Billing Account Name (BAN)
Cradlepoint R1900-
5GB 3 yr 99 n/a City of Visalia / Ben
Marquez
315 East Acequia Avenue
Visalia, CA 93291 966712272
Cradlepoint R1900-
5GB 3 yr 22 n/a City of Visalia / Ben
Marquez
315 East Acequia Avenue
Visalia, CA 93291 967254903
ALL SALES ARE FINAL. Devices are non-refundable and non-returnable. Contact the device manufacturer for issues that may be covered by warranty.

For customers with an executed T-Mobile corporate agreement (MCSA or BSA, whichever is applicable) your purchase is in accordance with the terms and conditions of your T-Mobile corporate agreement.

For customers without a T -Mobile corporate agreement your purchase is subject to T -Mobile's Terms & Conditions which require individual binding arbitration of disputes unless you previously opted-out pursuant to T-Mobile’s Terms & Conditions available at www.t-mobile.com/terms-conditions.

You authorize T-Mobile and its agents to obtain information about your credit history and to share that information with credit reporting agencies.

Docusign Envelope ID: 4F3F64CF-5A85-4031-BE1A-1BDD5352EA33 In Process
352

WELCOME TO THE UN-CARRIER

T-Mobile Confidential Proprietary Information
2 If you are signing on
behalf of a corporate,
organizational or
governmental entity, you
represent that you are
authorized to sign. If you
are not authorized to sign,
T-Mobile can collect
amounts due directly from
you without first
proceeding against that
entity.Authorized
Purchaser Name:

Title:

Authorized Signature: Date:

Docusign Envelope ID: 4F3F64CF-5A85-4031-BE1A-1BDD5352EA33 Recreation CoordinatorBen Marquez
In Process
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0416 Agenda Date: 10/7/2024 Agenda #: 23.

Agenda Item Wording:

Record Tentative Parcel Map - A request to record the final parcel map for Tentative Parcel Map No. 2023-04, subdividing an existing 468-acre parcel at the northeast corner of Shirk Street and Riggin Avenue into eight parcels for commercial use with one remainder parcel Deadline for Action: None
Submitting Department: Community Development
Contact Name and Phone Number: Edelma Gonzalez, Associate Engineer, [email protected] <mailto:[email protected]>, (599) 713-4364 - Jason Huckleberry, Building and Engineering Director [email protected] < mailto:[email protected]> (559) 713-4495
Department Recommendation:

Staff recommends that the City Council authorize the recordation of the final parcel map for Tentative Parcel Map No. 2023-04, subdividing 28.7 gross acres of Commercial Mixed-Use designation into eight commercial parcels on the northeast corner of Shirk Street and Riggin Avenue, with one remainder parcel totaling approximately 439.3 acres as approved within the Carleton Acres Specific Plan.

Background Discussion:

Tentative Parcel Map 2023-04 coincides with the commercial development layout depicted in the Carleton Acres Specific Plan. This includes the establishment of a future Costco Warehouse store on Parcel 1, a gas station and car wash on Parcels 2 and 3, and conceptual commercial development on Parcels 4 through 8. Reciprocal access and utility easements are established between the Costco portion and the conceptual commercial development and for the creation of access points along Riggin Avenue and Shirk Street.

Street improvements to arterial and local roadways are required within the specific plan area as part of the commercial development project associated with Tentative Parcel Map 2023-04. Shirk Street and Riggin Avenue are designated 110-foot wide arterial streets with four travel lanes at full buildout.

Tentative Parcel Map No. 2023-04 provides right of way dedications for portions of Shirk Street, Riggin Avenue, and the west half of Denton Street. The east half of Denton Street is outside the subdivision map boundary and are dedications via separate instrument.

Fiscal Impact:

Impact fees will be assessed at time of development of each commercial parcel.

Prior Council Action: N/A
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File #: 24-0416 Agenda Date: 10/7/2024 Agenda #: 23.

Other: Committee/Commission Review and Action: Tentative Parcel Map No. 2023-04 was approved by the Planning Commission on September 11th, 2023.

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

I move to authorize the recordation of the final parcel map for Tentative Parcel Map No. 2023-04.

Environmental Assessment Status: Previously approved Environmental Impact Report for Carleton Acres Specific Plan project, certified October 2, 2023 (SCH #2021050418) CEQA Review: Previously approved Environmental Impact Report for Carleton Acres Specific Plan project, certified October 2, 2023 (SCH #2021050418)
Attachments: 1. Parcel Map 2. Aerial Map
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PREPARED BY:

FAX: 559.802.3215TEL: 559.802.3052VISALIA, CA 93292324 S. SANTA FE ST., STE. AP.O. BOX 7593

BOARD OF SUPERVISOR'S STATEMENT

CITY CLERK'S STATEMENT

RECORDER'S STATEMENT

SURVEYOR'S STATEMENT

CITY SURVEYOR'S STATEMENT

CITY PLANNER'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEYIN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCEAT THE REQUEST OF HAYES RANCH, LLC ON 10/21/2023 AND SAID FIELD SURVEY IS TRUE ANDCOMPLETE AS SHOWN. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TOTHE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OFTHE CHARACTER AND OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED WITHIN ONE YEAR OFTHE RECORDING OF THIS MAP AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BERETRACED.RANDY D. WASNICK P.L.S. 8163DATEI HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN ISSUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVEDALTERATIONS THEREOF; THAT ALL OF THE PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAPACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP,HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.MICHAEL E. LONG P.L.S. 6815DATECITY SURVEYOR I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORSOF THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO HEREBY STATE THAT THE SAID BOARDOF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES ASPROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OFCALIFORNIA.DATED THIS DAY OF , 20.JASON T. BRITTCOUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORSBY: DEPUTYDOCUMENT NO. FEE PAID FILED THIS DAY OF , 20 , AT M.,IN BOOK OF MAPS, AT PAGE TULARE COUNTY RECORDS, AT THE REQUEST OF 4CREEKS, INC.TARA K. FREITAS, CPA, TULARE COUNTY ASSESSOR/CLERK-RECORDERBY: DEPUTY I HEREBY STATE THAT THIS PARCEL MAP CONFORMS TO THE TENTATIVE PARCEL MAP APPROVED BY THECITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON 9/11/2023.

BY: PAUL BERNAL, DATEPLANNING AND COMMUNITY PRESERVATION DIRECTOR / CITY PLANNER THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELDON THE _______ DAY OF _____________________, 20______, AN ORDER WAS DULY AND REGULARLY MADEAND ENTERED INTO APPROVING THIS MAP AND SUBDIVISION AND, ON BEHALF OF THE PUBLIC,ACCEPTING SUBJECT TO IMPROVEMENT, STORM DRAIN EASEMENT, PUBLIC UTILITY EASEMENT,PEDESTRIAN ACCESS EASEMENT AND THE PUBLIC STREETS, ALL INCLUDED WITHIN THE BOUNDARIES OFTHE SUBDIVISION AND AS SHOWN UPON THIS MAP.WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA, THIS DAY OF , 20.LESLIE B. CAVIGLIACITY MANAGER/CITY CLERK BY: CHIEF DEPUTY CITY CLERK

OWNER'S STATEMENT

STATE OF CALIFORNIA/COUNTY OF TULARE
SIGNATUREMY COMMISSION EXPIRES:PRINCIPAL PLACE OF BUSINESS: COUNTY ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC PRINT NAMECOMMISSION NO.

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THEIDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE ISATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

PERSONALLY APPEARED, _______________________________________ WHO PROVED TO MEON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THATHE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), ANDTHAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THEENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OFCALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MYHAND.

THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORDTITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THESUBDIVISION SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION ANDRECORDING OF SAID MAP AND THE CONSENT OF NO OTHER PERSON IS NECESSARY.WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWNWITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:1.RIGHTS OF WAY FOR SHIRK STREET, RIGGIN AVENUE, AND DENTON STREET IN FEE TO THECITY OF VISALIA2.RECIPROCAL ACCESS AND UTILITY EASEMENT IN FAVOR OF ALL PARCELS, SHOWN HEREONAND DESIGNATED AS "RAUE" (RECIPROCAL ACCESS AND UTILITY EASEMENT)3.PUBLIC STORM DRAIN EASEMENT TO THE CITY OF VISALIA AS SHOWN HEREON4.PEDESTRIAN ACCESS EASEMENT TO THE PUBLIC, AS SHOWN HEREON AND DESIGNATED AS"PAE" (PEDESTRIAN ACCESS EASEMENT)5.PUBLIC EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF GAS LINES ANDCONDUITS FOR ELECTRIC, TELEVISION AND TELEPHONE SERVICES, TOGETHER WITH ANYAND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS"PUE" (PUBLIC UTILITIES EASEMENT).FOR: HAYES RANCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ERIC M. SHANNON, MANAGERDATE
JERRID P. SHANNON, MANAGERDATENOTARY ACKNOWLEDGEMENT
FLOOD HAZARD ZONEAS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCERATE MAP (MAP NUMBER 06107C0930E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARECOUNTY, CALIFORNIA, EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIESFULLY WITH A FLOOD ZONE AREA DESIGNATED ZONE X (SHADED), WHICH ARE AREAS OF0.2-PERCENT ANNUAL CHANCE FLOODING, AREAS OF 1-PERCENT ANNUAL CHANCE FLOODINGWHERE THE AVERAGE DEPTHS ARE LESS THAN 1 FOOT, AREAS OF 1-PERCENT ANNUAL CHANCEFLOODING WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THEN 1 SQUARE MILE, ANDAREAS PROTECTED FROM THE 1-PERCENT ANNUAL CHANCE FLOOD BY LEVEES.

NORTH

VICINITY MAPNO SCALECITY OFVISALIA, CA

RIGGIN AVENUE

AKERS STREET
SHIRK STREET (RD 92)
LEGAL DESCRIPTION:SECTION 15, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OFCALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF;EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 15;THENCE, SOUTH 89°53'57" WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 2632.80 FEET, TO THE SOUTHWEST CORNER THEREOF;THENCE, NORTH 0°11'18" WEST, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 202.33 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVEWESTERLY, HAVING A RADIUS OF 1500.00 FEET;THENCE, NORTHERLY, ALONG SAID 1500.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 13°55'01", AN ARC DISTANCE OF 364.34 FEET, TO A POINTOF REVERSE CURVATURE AND THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1500.00 FEET;THENCE, CONTINUING NORTHERLY, ALONG LAST SAID 1500.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 13°55'01", AN ARC DISTANCE OF 364.34FEET, TO A POINT DISTANT 88.06 FEET WEST, MEASURED AT RIGHT ANGLES FROM, SAID WEST LINE OF THE SOUTHEAST QUARTER;THENCE, NORTH 0°11'18" WEST, PARALLEL WITH SAID WEST LINE, 1681.25, TO A POINT DISTANT 28.11 FEET SOUTH, MEASURED AT RIGHT ANGLES FROM , THENORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15;THENCE NORTH 89°49'37" EAST PARALLEL WITH SAID NORTH LINE AND PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER, 341.52 FEET;THENCE, NORTH 89°28'43" EAST, 734.48;THENCE, SOUTH 78°34'03" EAST, 125.47 FEET;THENCE, NORTH 89°38'20" EAST, 1437.50 FEET;THENCE, SOUTH 53°25'38" EAST, 13.27 FEET, TO A POINT DISTANT 75.00 FEET WEST, MEASURED AT RIGHT ANGLES FROM, THE EAST LINE OF SAIDSOUTHEAST QUARTER;THENCE, SOUTH 0°08'56" EAST, PARALLEL WITH SAID EAST LINE, 635.50 FEET;THENCE, NORTH 89°51'27" EAST, 75.00 FEET, TO A POINT ON SAID EAST LINE OF THE SOUTHEAST QUARTER;THENCE, SOUTH 0°08'56" EAST, ALONG SAID EAST LINE, 1948.56 FEET TO THE POINT OF BEGINNING;ALSO EXCEPTING THEREFROM ALL THAT PORTION CONVEYED TO THE CITY OF VISALIA, A MUNICIPAL CORPORATION IN DEED RECORDED DECEMBER 29,2021, AS INSTRUMENT NUMBER 2021-0094165, TULARE COUNTY RECORDS PARCEL MAP NO.

TULARE COUNTYCITY OFVISALIA

CITY LIMIT

CITY LIMITTULARE COUNTY

TULARE COUNTY

DESIGNATEDREMAINDER
STATE OF CALIFORNIAPROFESSIONAL LAND SURVEYORRANDY D. WASNICKEXP: 12/31/24PLS 8163

PRELIMINARY
EASEMENTS AFFECTING PROPERTY1.RIGHTS OF THE PUBLIC, COUNTY AND/OR CITY, IN AND TO THAT PORTION OF SAID LAND LYING WITHIN THELINES OF ROAD 93 AKA SHIRK ROAD, AVENUE 312 AKA RIGGEN AVENUE2.A STRIP OF LAND 20 FEET WIDE OFF THE EAST SIDE OF THE NORTHEAST QUARTER AND 20 FEET OFF THENORTH SIDE OF ALL OF SECTION 15 REC. IN 11-06/1906 IN BK. 9 OF RIGHTS OF WAY, PG 273.ANY AND ALL WATER DITCHES OVER AND ACROSS SECTION 15 REC. 07/20/1909 IN BK 166 OF DEEDS, PG 1114.SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT FOR PUBLIC UTILITIES OF ALL OF THE SOUTH ONE-HALFOF SECTION 15 REC. BK. 1303, OF OFFICIAL RECORDS, PG 1045.SOUTHERN CALIFORNIA EDISON COMPANY PUBLIC UTILITY EASEMENT IN THE NORTHEAST QUARTER OFSECTION 15 REC. IN BK. 2938, OF OFFICIAL RECORDS, PG 873 (NOT LYING WITHIN SUBDIVIDED PORTION OFSUBJECT PARCEL)6.SOUTHERN CALIFORNIA EDISON COMPANY PUBLIC UTILITY EASEMENT IN THE NORTHWEST QUARTER OFSECTION 15 REC. IN BK. 3191, OF OFFICIAL RECORDS, PG 479 (NOT LYING WITHIN SUBDIVIDED PORTION OFSUBJECT PARCEL)7.20 FOOT WIDE PIPELINE EASEMENT IN FAVOR OF MODOC DITCH COMPANY REC. 11/23/1999 IN OFFICIALRECORDS UNDER INSTRUMENT NO. 1999-888728.SOUTHERN CALIFORNIA EDISON PUBLIC UTILITY EASEMENT RECORDED 1/31/1962 IN BOOK 2316, PAGE 224, OFOFFICIAL RECORDS (NOT LYING WITHIN SUBDIVIDED PORTION OF SUBJECT PARCEL) TPM 2023-04

NOTARY ACKNOWLEDGEMENT

PRELIMINARY
356
N89° 56' 18"W 466.72' C7 C16
Δ=20°04'34"R=1000.00'L=350.39'
N86° 02' 54"W 500.09' ((S86°02'44"E 501.15'))
N5° 58' 52"W 300.75' ((S5°58'55"E 300.74'))
591.13' Δ=19°30'09"R=1,030.00'L=350.59'
C28
R3
7'2'
67'
N89° 56' 18"W 2632.71' (N89°54'00"E 2632.71')
78'
67'
C17N89° 56' 18"W 488.89' ((S89°56'08"E 488.90'))66' 66'

30.00'
35'
30'
N90° 00' 00"E 356.46' N90° 00' 00"E 992.41'
C15
318.00'
N69° 59' 19"W (R)
30'
30'55.51'N90° 00' 00"E 315.12'
N90° 00' 00"E 304.38'
N0° 00' 14"E 249.03'203.02'

46.01'

48.00'N90° 00' 00"W 183.40'
289.46'
N0° 00' 00"W 389.71'341.71'N0° 03' 54"W 160.68'
123.58'162.80'
190.85'
N0° 03' 54"W 186.16'81.80'
217.50'207.50'
N0° 00' 23"E 230.15'N0° 01' 30"E 229.91'
223.90'328.29'217.42'214.42' N90° 00' 00"E 1,210.28'
C14
569.05'
N0° 03' 42"E 2.72'
377.87'684.66'
N0° 03' 54"W 388.72' ((N00°03'56"W 388.72'))
248.82'
N0° 03' 54"W 569.05'
145.82' 98.56'S4° 14' 36"E (R)
N0° 03' 54"W 2629.96'

67.00'
N0° 03' 54"W 209.00'
N0° 00' 00"E 208.10'
N1° 14' 21"E 180.07'
N89° 16' 34"W (R)
N0° 03' 54"W 300.01'
C10C8C6C5C4C3 C13
N45° 01' 57"W 39.72'N90° 00' 00"W 6.89'N0° 20' 59"W 59.22'N88° 40' 05"E 8.64'N43° 48' 29"E 38.41' C2C1

75.82'

84.86'

37.63'
N0° 03' 42"E (R)N7° 14' 18"E (R)S2° 47' 21"E (R)S4° 26' 08"E (R)N7° 31' 25"W (R)N4° 09' 10"W (R)S4° 46' 48"E (R)N0° 00' 00"E 231.27'126.79' C9C11N85° 10' 15"E 90.17'R2R1
162.74'
5'
5'
5'
5'
C21C20N0° 03' 53"W 20.82'N44° 36' 17"E 21.09'S89° 55' 59"W (R)N76° 22' 18"W (R)S89° 56' 06"W (R)

77.14'

58.01'
115.86'
226.26'38.07'34'34'
BASIS OF BEARINGSTHE EAST LINE OF THE SOUTHEAST QUARTER OFSECTION 15, T. 18 S., R. 24 E., MDB&M, TAKEN ASN00°00'55"E AS PER PARCEL MAP 5216, REC. INBOOK 53, OF PARCEL MAPS, AT PAGE 23, TCR LEGEND
(R)TCR
W1/4 COR. SECT.15-18/24FOUND PATCH WITH 2FTOFFSETS, PER JOHNVANZANDER CORNERRECORD 1992 # 1031TIES CHECK SW COR. SECT. 15-18/24FOUND T.C. COR. 24" DEEP,PER JOHN VANZANDERCORNER RECORD 1992#105A TIES CHECK

BASIS OF BEARINGS

DENTON STREET

RIGGIN AVENUE
PREPARED BY:

FAX: 559.802.3215TEL: 559.802.3052VISALIA, CA 93292324 S. SANTA FE ST., STE. AP.O. BOX 7593 A PORTION OF SECTION 15, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF VISALIA,COUNTY OF TULARE, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOFPARCEL MAP NO. ______ 30'
S 1/4 COR. SECT. 15-18/24FOUND BD IN CONC.STAMPED "PLS 8163" PERPHEASANT RIDGE UNIT NO. 7,PHASE 2 & 3, VOL. 43, PG. 65

SEE DETAIL 'B'
BD
FOUND MONUMENT AS DESCRIBEDSET 3/4" IRON PIPE TAGGED "PLS 8163" DOWN 6INTULARE COUNTY RECORDSRADIAL BEARINGBRASS DISCOFFICIAL RECORDS TULARE COUNTYPUBLIC UTILITY EASEMENTRECIPROCAL ACCESS AND UTILITY EASEMENT IN FAVOR OF ALL PARCELS,PER THIS MAPEASEMENT TO THE PUBLIC FOR STORM DRAIN PURPOSES, PER THIS MAPEXISTING DENTON STREET RIGHT OF WAYPEDESTRIAN ACCESS EASEMENTHEREON BEING OFFERED FOR DEDICATION AS A PUBLIC STREETRECORD DATA PER GRANT DEED RECORDED 12/29/2021 AS DOC. NO.2021-0094165, O.R.SHADED HEAVY LINE INDICATES SUBDIVISION BOUNDARYRECORDED DATA PER PHEASANT RIDGE UNIT NO. 7, PHASE 2 & 3, VOL. 43 OFMAPS, PG 65, TCRRECORDED DATA PER PARCEL MAP 5216, BK. 53 OF PARCEL MAPS, PG 23, TCR

SEE DETAIL 'C'

SEE DETAIL 'A'
1321.36'

SEE DETAIL 'F'
N7° 31' 25"W (R)

SEE DETAIL 'G'
20'
20' EASEMENT IN FAVOR TULARE COUNTYFOR ROAD PURPOSES REC. IN 4/16/1904 INBK 7 OF RIGHTS OF WAY, PG 423, O.R.N0° 03' 42"E (R)N0° 03' 42"E (R) (( ))
30'15'15' 30'15'15'
O.R.20' EASEMENT TO TULARE COUNTY FOR ROAD PURPOSES REC. 6/15/1922 IN BK 13 OF RIGHTS OF WAY, PG 478, O.R. 1650.11'

DESIGNATEDREMAINDER
4' SO. CAL. EDISON PUEREC. 6/24/1946, IN BK1303 OF PG 104 .O.R.

SCALE 1" = 100'
( )

DESIGNATED REMAINDER
EASEMENTS AFFECTING PROPERTYSEE SHEET 1 FOR EASEMENT INFORMATION N89°56'12"W 2632.80'[N00°00'55"E 2636.52']N00°00'55"E 2636.52' [ ]
SE COR. SECT. 15-18/24FOUND NAIL WITH 2 FOOT OFFSETS, PER PM 5216 E1/4 COR. SECT. 15-18/24FOUND NAIL WITH 2 FOOTOFFSETS, TIES CHECK PARCEL 115.87 AC

SEE DETAIL 'D'

SEE DETAIL 'E'
TPM 2023-04
30'R R30'
R
R

FUTURE PRESCOTT AVENUE CENTERLINE
F
F
F
R
R
FPARCEL 21.46 AC
PARCEL 31.52 AC
PARCEL 41.15 ACPARCEL 51.15 ACPARCEL 61.74 AC PARCEL 71.13 ACPARCEL 81.04 AC N0° 03' 42"E 32.07'((S00°03'52"W 32.00'))
R
P
100' 100'
DETAILS NOTEALL DETAILS SHOWN ON SHEET 3, THIS MAP
30'30' SS

SEE DETAIL 'H'
PUE
PFS
SHIRK STREET(ROAD 92)
P
P
P
P
357
RADIALS TABLE#R1R2R3
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DETAIL 'F'
S69° 46' 26"E (R)N90° 00' 00"E 992.41'
N45° 13' 41"W 27.99'((S45°13'44"E 28.01'))
N0° 03' 54"W 4.00'((S0°03'56"E 4.01'))
N69° 59' 19"W (R)

41.72'217.50'
15'15'

98.56' PROPOSED CENTERLINE4' SOCAL EDISON PUEREC. 6/24/1946, IN BK1303 OF PG 104 .O.R.

SECTION LINEN0° 10' 20"W 35.00'
N0° 03' 54"W 569.05'
PARCEL 4PARCEL 5

DENTON STREETRIGGIN AVENUEDENTONSTREET

DETAIL 'G'DESIGNATEDREMAINDER
PARCEL 1
20' EASEMENT IN FAVOR TULARE COUNTY FOR ROAD PURPOSESREC. IN 4/16/1904 IN BK 7 OF RIGHTS OF WAY, PG 423, O.R.

RIGGIN AVENUE
SHIRK STREET(ROAD 92)
35'

DESIGNATEDREMAINDER

NOT TO SCALE

NOT TO SCALE
NOT TO SCALEN62° 38' 50"W 30.24'
Δ=20° 04' 34" R=1000.00' L=350.39'
Δ=04° 02' 35" R=95.00 L=6.70'S73° 34' 21"E (R)
Δ=19° 30' 09" R=1,030.00' L=350.59'
N69° 31' 46"W (R)Δ=0° 14' 40" R=1030.00' L=4.39'

30.00'
RR
N89°56'18"W
F
F
35'20'
F
N89° 56' 18"W 488.89' ((N89° 56' 08"W 488.90'))
30'
145.82'
N79°37'31"W (R)C28

15.00'
2'
N90° 00' 00"E 356.46'
N90° 00' 00"E 992.41'N0°00'00"E 9.50'DESIGNATEDREMAINDER

DETAIL 'E'

NOT TO SCALE
PARCEL 1
N90° 00' 00"W 183.40'162.74N29° 06' 26"E 16.10'SHIRK STREET PARCEL 3
R
N10° 19' 26"E 40.04'
N0° 03' 54"W32.23'
C30
A PORTION OF SECTION 15, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF VISALIA,COUNTY OF TULARE, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOFPARCEL MAP NO. ______

DETAIL 'B'
N0° 03' 54"W 591.13'((S5°58'55"E 300.74'))N5° 58' 52"W 300.75' N89° 56' 07"E 24.00'((N89°56'04"E 24.00'))
(ROAD 92) SHIRK STREET
N44° 36' 17"E 21.09'N0° 03' 53"W 20.82'

7.99'
SEE DETAIL 'A1'C28
C29
N89° 56' 06"E (R)
N71° 51' 55"W (R)
N86° 39' 23"W (R)
P
P
LEGEND
(R)FOUND MONUMENT AS DESCRIBEDSET 3/4" IRON PIPE TAGGED "PLS 8163" DOWN 6INRADIAL BEARINGOFFICIAL RECORDS TULARE COUNTYPUBLIC UTILITY EASEMENTRECIPROCAL ACCESS AND UTILITY EASEMENT IN FAVOR OF ALLPARCELS, PER THIS MAPEXISTING DENTON STREET RIGHT OF WAYPEDESTRIAN ACCESS EASEMENTEASEMENT TO THE PUBLIC FOR STORM DRAIN PURPOSES, PERTHIS MAPHEREON BEING OFFERED FOR DEDICATION AS A PUBLIC STREETSHADED HEAVY LINE INDICATES SUBDIVISION BOUNDARY O.R.

RFP

DETAIL 'D'
C18
C19
N0° 03' 54"W 30.20'
N28° 33' 18"W 22.01'

37.63'
115.86'
N0° 02' 48"W 1.13'11.58'10.43'
N45° 05' 25"W 14.14'
S89° 56' 06"W (R)
S76° 26' 20"W (R)
N89° 56' 06"E (R)
N0° 03' 54"E 209.00'

4.38'
PARCEL 2
PARCEL 1
S79°37'31"E (R)

NOT TO SCALE

NOT TO SCALE
N89° 57' 54"E (R)81.60'N0° 03' 54"E 186.16'
N10° 19' 26"E 40.04'
P
P
N0° 01' 30"E 229.91'
(ROAD 92)

SHIRK STREET
PARCEL 4

NOT TO SCALE

DETAIL 'H'
C12 N85° 10' 15"E 90.17'S1° 35' 14"E (R)S4° 49' 45"E (R)C11C9 PARCEL 8

RIGGIN AVENUE

12.66'N0° 04' 16"E 15.74'
N90° 00' 00"E 304.38'
N0° 03' 55"W 48.00'

8.00'10.00'N0° 03' 53"W 15.84'162.80'25.82'
N48° 33' 19"W 3.87'

DETAIL 'C'

NOT TO SCALE
S
PUE
P
PARCEL 4
C26 C27
N90° 00' 00"E (R)N64° 56' 57"W (R)S89° 56' 06"W (R)81.80' N90° 00' 00"E 190.85'20.47' 64.55'N0° 03' 54"E30.00'N90° 00' 00"E 1210.28214.42' PARCEL 1 P
R 30'
30'S14.08'C31N67° 17' 14"E (R)N89° 56' 06"E (R)
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C25C24
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S89° 56' 06"W (R)C23 N0° 03' 54"W 4.14'N7° 45' 51"E 40.37' N82° 12' 44"W (R)SHIRK STREET(ROAD 92)
P
PS82° 12' 48"E (R)N89° 56' 56"E (R)
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NOT TO SCALE

PARCEL CURVE SEGMENT
PUE
N0° 03' 54"W 160.68'
11'11' 9'9' 63.23'PUE
N05° 58' 52"W 300.75' ((S5°58'55"E 300.74'))
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289.46'
P
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Aerial Map
! !
AKERS ST.

SHIRK ST.

N Shirk St
N Akers St
W Riggin Ave
W Kibler Ave
W Ferguson Ave
N Roeben St
Ave 320
W Modoc Ave
W Robin Ave
N Preston St
W Oriole Ave
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W Delaware Ave
W Ceres Ave
W Lark Ct
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N Parkwood Ct
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Ave 320
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Legend
City Limits
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PARCELS
Subject Property
359
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0345 Agenda Date: 10/7/2024 Agenda #: 1.

Agenda Item Wording:

Graffiti Ordinance Update - A Public Hearing and First Reading of Ordinance No. 2024-10, a request by the City of Visalia to amend Visalia Municipal Code Section 9.16 “Graffiti”.

Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Tracy Robertshaw, Neighborhood Preservation Manager, [email protected] < mailto:[email protected]>, (559) 713-4187
Paul Bernal, Planning and Neighborhood Preservation Director, (559) 713-4025, [email protected] <mailto:[email protected]> Department Recommendation
Staff recommends that the Visalia City Council hold a public hearing, receive a presentation and staff report, and introduce the first reading of Ordinance No. 2024-10 amending Visalia Municipal Code Section 9.16.

Summary:

On May 20, 2024, a work session item was held with the City Council to conduct a review of the ordinance requirements related to Graffiti Abatement. During the presentation, and as noted in the staff report, several areas of the Graffiti ordinance were identified that required correction. The sections discussed that staff identified as needing revisions are as follows:

1. Section 9.16.070 Removal

2. Section 9.16.070 (C) (2) (3) (4) and (5) Undue Hardship

3. Section 9.16.080 Appeal of Cost Removal

4. Section 9.16.090 Responsibility

5. Section 9.16.120 Reward
In addition to discussing the updates to the ordinance sections above, staff also discussed with the Council an opportunity to conduct additional research on the potential to establish a pilot paint program that would be accessible to property owners and residents of Visalia that have had their property vandalized due to graffiti. The concept of the program would be to seek opportunities to purchase, hold, and distribute a small quantity of a variety of neutral paint colors, free of charge, to those property owners seeking to paint over the graffiti themselves rather than going through the “Alternativeto Abatement”process. An update on this effort is further discussed in the “PilotPainting Program” section of this staff report.

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File #: 24-0345 Agenda Date: 10/7/2024 Agenda #: 1.

Overview and Revisions to the Graffiti Ordinance (Chapter 9.16) The following is a summary of the revisions made to the applicable sections of Chapter 9.16.

1. Section 9.16.070 Removal
This section requires graffiti violation notices sent by mail, afford property owners 15 days to remove graffiti from private property. In addition to the fifteen (15) days, five (5) additional days are factored into this timeline to allow for mail service. Based on the timing allowances, this often results in graffiti remaining a total of 20 days on-site.

The ordinance was updated reducing the requirement to remove the graffiti from fifteen (15) days to seven (7) business days (see attached Ordinance No. 2024-XX).

2. Section 9.16.070 (2) Undue Hardship
The “Undue Hardship” section has been revised with an “Alternative to Abatement” section. The Undue Hardship section originally allowed a property owner to apply for a hardship waiver if they are unable to remove graffiti from their property. Under this section, the property owner was required to file a written request for waiver of the removal requirement with the city. This section was outdated because it did not clearly define the hardship waiver process and lacked additional language that covers cities using public funds to remove graffiti from private property if the hardship waiver was granted.

This section is now updated to formalize a process that gives the City the ability to remove graffiti from private property subject to the property owner signing a “Releaseof Liability Form”,as outlined in Section 9.16.070.3 of the Graffiti ordinance. This revised section permits staff to remove the graffiti from private property and establishes the ability of the property owner to set up payment arrangements through the Neighborhood Preservation Division for reimbursement back to the City. In addition, staff also incorporated Government Code Section 53069.3 in the ordinance which authorizes the city, under certain circumstances, to provide for the removal of graffiti from private property. In the event a private property owner is seeking financial assistance from the City to remove graffiti from their property, it shall be incumbent on the private property to demonstrate by a preponderance of evidence that they do not have the financial ability to remove the graffiti.

The full text of this section is included in the attached Ordinance No. 2024-10.

As explained below, the pilot program of the availability of free paint is another low/no cost option for property owners.

3. Section 9.16.080 Appeal of Cost Removal
This section has been amended to coincide with the appeal process as stated per Municipal Code Chapter 1.13. Municipal Code Chapter 1.13 contains the appeal process that is utilized for all other violations of the municipal code and amending this chapter to coincide with Chapter 1.13 will require that graffiti appeals be handled in the same manner as other violations. In addition, this section will also be revised to remove language requiring the City Clerk process the appeal request.

4. Section 9.16.090 Responsibility
The text found in this section has been removed and Section 9.16.090 will be a section that is “Reserved”.The removal of this section is based on staff’sconclusion that payment of restitution to another property owner, as a result of their property being defaced with graffiti, is a civil matter and should be handled between property owners without involvement of the City to place a lien on private Visalia City Council Printed on 10/3/2024Page 2 of 4
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File #: 24-0345 Agenda Date: 10/7/2024 Agenda #: 1.
property to recoup said monies.

The section has been updated to simplify the section by removing the lengthy lien process and retaining the special assessment provision, which is more commonly used by the City for other types of collection issues.

5. Section 9.16.120 Reward
This section has been removed because the City does not have an established reward fund for arrest/conviction of graffiti violators and this section has been removed in its entirety.

Pilot Paint Program Update:

During the May 20th work session presentation, staff provided an overview of a potential pilot program that would be accessible to property owners and residents of Visalia that have had their property vandalized due to graffiti. The program would seek opportunities to purchase, hold, and distribute a small quantity of a variety of neutral paint colors, free of charge, to those property owners seeking to paint over the graffiti themselves rather than going through the “Alternative to Abatement” process.

Recently, staff was contacted by the warehouse manager of the Ace Hardware Distribution Center located in the Visalia Industrial park, as well as the local Ace Hardware Store manager, regarding a Paint Program. Ace Hardware Distribution Center is willing to donate exterior base paint that staff can make available to property owners. The local Ace Hardware Store has agreed to mix the base paint into custom colors for the owners at no cost. The amount of paint that can be donated to the program will be limited to paint base that has been returned to the warehouse distribution facility. Due to potential limitations, this may result in times where paint will not be available to provide to property owners. Staff will look to purchase paint to continue the pilot program should there be a shortage of the donated paint.

Available paint will be offered to property owners that need to cover graffiti that cannot be removed with chemicals or by power washing, or that want to use this low cost option instead of the chemicals or power washing. Distribution of the product will be determined using the same qualifications as the fee waiver in Section 9.16.070 (2).

Fiscal Impact:

The chemicals used to abate graffiti have a cost of $130.00 per gallon and the Graffiti Abatement teams average cost per work order is $41.50, plus staff time at a rate of $19.61 per hour. The average cost per property can vary depending on the size and quantity of the graffiti, but generally will be between $100-$150 per property. Allowing property owners to apply for a waiver of fees/abatement charges will mean that the City absorbs the cost of abatement for those property owners that meet the qualifications for a waiver.

Prior Council Action:

On May 20, 2024, the City Council directed staff to move forward with revising the Visalia Municipal Code 9.16 Graffiti.

Other: N/A
Alternatives:

The City Council may, in lieu of the recommended motion, consider any of the following alternatives:

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File #: 24-0345 Agenda Date: 10/7/2024 Agenda #: 1.

1. Refer all parts of the ordinance back to staff for further review; or

2. Direct staff to not process any amendments to Visalia Municipal Code Section 9.16 Graffiti; or

3. Continue the matter to a future City Council hearing for additional information.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance 2024-10 amending Visalia Municipal Code Chapter

9.16 Graffiti.

Environmental Assessment Status:

The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) which states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

CEQA Review:

The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption (NOE No. 2024-52) has been prepared.

Attachments:

1. Ordinance 2024-10 amending Visalia Municipal Code Section 9.16 Graffiti

2. PowerPoint Presentation - Graffiti Abatement Changes Visalia City Council Printed on 10/3/2024Page 4 of 4
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GRAFFITI

PROPOSED CHANGES

VISALIA MUNICIPAL
CODE 9.16
364

9.16.070

REMOVAL
• Removal requirements
reduced from 15 days
to 7 days
• Removal requirements
for personal notification
remains at 3 days
2 365
Undue Hardship Removed
• Replaced with alternative to
abatement
• Property OWNER may enter into
agreement for city staff to complete
abatement
• Includes process for
reimbursement or
qualification requirements for fee
waiver
366
APPEAL OF COST REMOVAL 9.16.080
• Appeal timeframe changed from
15 days to 10 days.
• Appeal process changed to
match other appeal timelines as
outlined in Chapter 1.13.
4 367

RESPONSIBILIT
Y 9.16.090
Sections that referenced City filed
liens and/or assisting in collection of
cost recovery for property owners
removed.
5 368

QUESTIONS
369
ORDINANCE No. 2024-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTER 9.16 OF THE VISALIA MUNICIPAL CODE RELATING TO GRAFFITI

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

Section 1. City Council Findings. Consistent with its control over municipal affairs and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City Council of the City of Visalia hereby makes the following findings:

A. The City of Visalia recognizes that graffiti is a common problem, that besides being an act of vandalism can be seen as a condition of blight . Blight can depreciate the value of property that has been targeted and also can depreciate the value of the adjacent properties.

B. The City of Visalia recognizes that the cleanup and prevention of graffiti can be costly and is often viewed as a persistent problem, that if left unaddressed, can have a serious cumulative effect to a neighborhood and that it can be considered a public nuisance under the City’s authority to make and enforce ordinances with respect to municipal affairs, and California Government Code section 38771, which authorizes the legislative body of a city to declare what constitutes a nuisance by ordinance.

C. The City Council of the City of Visalia previously adopted an ordinance and established a Graffiti Abatement program to ensure that graf fiti found and/or reported throughout the community was addressed in an efficient manner and removed promptly.

D. On May 20, 2024, the City Council received a work session staff report and presentation from staff on potential revisions to Chapter 9.16 and then directed City staff to proceed with preparing revisions to Chapter 9.16 to enhance, update and revise how the City of Visalia and its residents respond to graffiti.

E. The City Council finds that the notice requirements for the removal of graffiti found in Visalia Municipal Code section 9.16.070 should be modified since this section has not been used, that the present exception allowing for the City staff to remove graffiti at no cost to owners under a n “undue hardship request” contained in section 9.16.070 should be modified with provisions for payment plans and an alternative to abatement that would consider the specific facts and circumstances of each incident , that the City may also in the alternative 370
proceed with declaring graffiti on private property a public nuisance and take steps to abate the nuisance.

F. The City Council finds that the appeal process provisions in section 9.16.080 should be modified to coincide with the appeal process for other violations of the Municipal Code.

G. City Council finds that the collection process in the restitution provision in section 9.16.090 should be modified to follow the collection process typically used by the City when municipal code violations result in penalties.

H. City Council finds that section 9.16.120, which allows rewards to be provided for information that leads to the arrest and conviction of vandals should be removed since this program has never been utilized and staff has no plans to begin such a program.

Section 2. Revisions to Visalia Municipal Code Section s 9.16.070, 9.16.080,

9.16.090, and 9.16.120. The Visalia City Council hereby finds that based on the findings as stated above that the following revision to Municipal Code are necessary for the public health, safety, and welfare of the city . Below are revisions to Municipal Code section

9.16.070, 9.16.080, 9.16.090, (it should be noted that this section is being revised from having subsections A -M to having subsections A -C) and 9.16.120, with additional text shown in italics and deleted language shown in strikeout:

9.16.070 Removal.

A. General. Any person applying graffiti within the city shall have the duty to remove same in a manner approved by the city and the property owner within twenty-four (24) hours after notice by the city or public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter.

Consistent with Civil Code Section 1714.1, where graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment of costs thereof.

B. Public Property. Whenever the director of public services City Manager or his their designee designate representative determines that graffiti exists upon property owned by the city, it shall be removed as soon as possible. When the property is owned by a public entity other than the city, the removal of the graffiti may be authorized by the director of public services or his represen tative, and for removal undertaken by city only after securing written consent of the public entity having jurisdiction over the property. The public entity shall execute a release and waiver as approved by the city's risk manager.

C. Notice of Affected Area; Requirement to Remove Graffiti.

1. Where graffiti is located upon private property and said graffiti is capable of being viewed by persons utilizing any public right -of-way or sidewalk within the city, it is the 371
property owner's duty to remov e said graffiti promptly from the property and to restore said property at least to the condition it was in prior to such act of vandalism. If the property owner fails to promptly remove said graffiti, the city shall cause a written notice to be served upon the owner of the affected property notifying the owner of the location and description of the graffiti and of the property owner's obligation to remove said graffiti. The notice shall request the owner provide the city with contact information, including a telephone number. It shall be the responsibility of the property owner to commence removal of the graffiti described in the notice within seven (7) fifteen (15) days of service by mail or within three (3) working days of personal delivery of the notice, or within three working days of a city official notifying the property owner or property owner's agent by telephone of the issue and mailing the notice. The property owner shall diligently and promptly pursue total removal of said graffiti; provided, that an exception may exist in cases of undue hardship as established pursuant to Section 9.16.070(C)(2). Working days for purposes of this section are days which are neither Saturday, Sunday, nor a nationally observed holiday. The service is complete at the time of deposit of the notice in the U.S. mail or by personal delivery of the notice to the owner of the property subject to removal of graffiti. The failure of any person to receive such notice shall not affect the validity of any proceeding.

2. Undue Hardship--Optional Procedure for Removal. In the event the property owner cannot comply with the requirement of Section 9.16.070(C)(1) due to hardship, the property owner shall file a written request for waiver of the removal requirement with the city. The property owner shall explain his/her reason(s) for making such request. The written request shall be filed within the fifteen (15) day removal period stated in Section 9.16.070(C)(1) when service of notice was by mail or three (3) working days when notice was personally served or the owner was notified by telephone and written notice was also mailed. In determining whether the request for waiver will be grant ed, and subsequent assistance provided to the property owner in removal of said graffiti, the city shall consider the following circumstances:
a. The cost of restoration of the property to its original state prior to the imposition of the graffiti in proportion to the relative value of the property; b. The ability of the owner to pay for such removal;
c. Whether or not the property has been the target of previous incidents of graffiti or whether a pattern of vandalism to such property exists.

The decision of the city in the form of a written decision by the public services director, as to whether or not to grant the waiver, shall be final.

2. Alternative to Abatement - The City Manager or their designee may enter into an agreement with a property owner or lessee in possession, or their respective authorized agent, for the summary abatement to remove graffiti at the property owner’s or lessee’s expense and/or with public funds pursuant to Section 53069.3 of the Government Code.

The agr eement shall include the property owner or lessee in possession, or their respective authorized agent’s consent for the City’s entry onto the property for graffiti removal and a waiver of liability in the event of any damage caused by the City in 372
removing graffiti. In deciding whether to enter into this abatement alternative, the city manager, or designee, shall consider the following circumstances:
a. The cost of restoration of the property to its original state prior to the imposition of the graffiti in proportion to the relative value of the property; b. The ability of the owner to pay for such removal;
c. Whether or not the property has been the target of previous incidents of graffiti or whether a pattern of vandalism to such property exists. d. In deciding whether to recover abatement costs under this Section or use city funds as authorized in Governmental Code Section 53069.3, the City Manager or their designee may consider the financial and physical ability of the property owner to abate the property.

For financial considerations, the person shall demonstrate by a preponderance of evidence that he or she does not have the financial ability to remove the graffiti.

The decision of the city manager shall be final.

3. City's Release From Liability. A written request to waive the requirements of Section 9.16.070 (C)(1) shall be accompanied by a release from liability form signed by the property owner, lessee in possession, or their respective authorized agent which shall release the city and its authorized agents from any and all liability that may be caused or attributed to removal of graffiti from the owner's premises by persons acting under the authorization of the city pursuant to Section 9.16.070 (C)(2).

4. Approval for City to Remove Graffiti. A written request to waive the requirements of Section 9.16.070(C)(1) accompanied by a signed release from liability form shall constitute an express approval by the property owner that the city or its authorized representatives may provide for the removal of the graffiti on owner's property by persons acting under the authorization of the city.

4. Failure to Remove Graffiti or Seek Waiver of Removal. In the event the owner fails to remove g raffiti from his/her property or after he/she fails to request a n alternative to abatement pursuant to Section 9.16.070 (C)(2) of such removal, or such alternative to abatement has been denied, the city may declare the property a public nuisance and the city may take any of the following courses of action:
a. Administrative Procedure to Abate Nuisance. City may direct the removal of graffiti from the property with the cost of work performed and billed to the property owner who may select the option of direct payment of such costs. Failure to make direct payment for the abatement of graffiti shall constitute a special assessment against the respective lot or parcel plat to which it relates. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. Upon completion of the graffiti abatement work, the public services director shall cause to be recorded in the office of the recorder of Tulare County, a notice of completion of graffiti abatement proceedings 373
against a particular parcel involved. The notice of completion of graffiti abatement proceedings shall have the affect when recorded of conclusively establishing that graffiti abatement proceedings have been completed and that all necessary charges incurred on account thereof by the city are due and owing and constitute a special assessment against the subject real property. This notice shall specify the name for the current owner of the parcel as shown on the last equalized assessment rolls of the county of Tulare, and the Tulare County Assessor's Parcel Number for the parcel involved. b. The city may commence criminal proceedings to abate a public nuisance under applicable Penal Code provisions.

9.16.080 Appeal of cost of removal.

A property owner shall have fifteen (15) ten (10) calendar days from the date of mailing by the city of the bill for the cost of removal of graffiti from the owner's property. Said appeal must be submitted in writing to the city and the appeal shall be processed and heard in the same manner as administrative appeals under Visalia Municipal Code Chapter 1.13 . city clerk. Upon receipt of the written appeal, the city clerk shall schedule a hearing before the city council. The public services director shall be so notified and shall submit a written report to the city council, with a copy to the appealing party, setting forth justifications for the description of the work done and the cost thereof. The city clerk shall notify the party appealing of the date and time of the hearing before the city council, at least ten days in advance of such hearing. At the time and place of such hearing, the public services director shall present his report and the appealing party shall present any and all information in opposition to the calculation of the cost of removal. At the conclusion of the hearing, the city council shall determine what cost, if any, is to be imposed upon the appealing party.

9.16.090 Responsibility.

A. Any indivi dual who is found guilty of violating Section 9.16.070(A) shall pay restitution to the property owner, in addition to authorized penalties to the c ity. If the violator is a minor, the parent or guardian shall be responsible for payment of restitution.

If unable to pay the city, the juvenile may be permitted to work off his/her penalty owned to the city under the direction of at least one parent and the city by abating an equivalent amount of any graffiti.

B. The city may, as permitted by California law, file a lien to collect abatement and related administrative costs incurred in the summary abatement of any nuisance resulting from the defacement by a minor or other person of the property of another by graffiti or any other inscribed material. The city may record this lien on real property belonging to the person who defaced the property, or if the person is a minor, on real property owned by the parent or guardian having custody and control of the minor. This lien may only be filed against the individual who is found guilty of violating Section 9.16.070(A) or if the individual is a minor the parent or guardian having custody and control of the individual.

C. Prior to recording a graffit i nuisance abatement lien, the city shall serve notice on the person who defaced the property, or if the person is a minor, the city shall serve notice 374
on the parent or guardian having custody and control of the minor. The notice shall be served in the same manner as a summons in a civil action. If the minor or other person cannot be found after diligent search the notice may be served by posting a copy of the notice upon the property owned by the minor or other person, in a conspicuous place, for a period of ten (10) days. The notice shall also be published pursuant to Government Code Section 6062 in a newspaper of general circulation that is published in the county in which the property is located. If the parent or guardian having custody and control of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property owned by the parent or guardian having custody and control of the minor, in a conspicuous place, for a period of ten (10) days. The notice shall also be published pursuant to Government Code Section 6062 in a newspaper of general circulation that is published in the county in which the property is located. The notice shall include an itemized description of the abatement and related ad ministrative costs, the date of the abatement order, a description of the lien process, and the facts supporting the lien on the property.

D. The graffiti nuisance abatement lien shall be recorded in the county recorder's office in the county in which the parcel of land is located. From the date of recording, the lien shall have the force, effect, and priority of a judgment lien.

E. The graffiti nuisance abatement lien shall specify the amount of the lien; that it is recorded on behalf of the city; the date of the abatement order; the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed; and the name and address of the recorded owner of the parcel.

F. If the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subdivision D. shall be recorded by the city.

G. The graffiti nuisance abatement lien authorized by this section may be satisfied through foreclosure in an action brought by the city.

H. The city may recover any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. As used in th is chapter, "abatement and related administrative costs" include, but are not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the city in identifying and apprehending the minor or other person. Attorney's fees may be awarded to the prevailing party in any litigation initiated under this section.

B. I. As permitted an alternative to obtaining a lien as described above, as Permitted by California law, the city may make the abatement and related administrative costs a special assessment against a parcel of land owned by the individual who is found guilty of violating Section 9.16.070(A) or if the individual is a minor the parent or guardian having custody and control of the individual. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement 375
of municipal taxes shall be applicable to the special assessment. However, if any real property to which the abatement and related administrative costs relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the taxes would become delinquent, then the abatement and related administrative costs shall instead be transferred to the unsecured roll for collec tion.

Notices or instruments related to the abatement proceeding or special assessment may be recorded.

J. The city may impose a special assessment by keeping an account of the cost of abating such nuisance and shall embody such account in a report. The report shall refer to each separate lot or parcel of land by description sufficient to be assessed against each such separate lot or parcel. A copy of the report shall be mailed to the property owner of record. The city shall also send in writing to the property owner of record: the date of the abatement; the street address, legal description and assessor's parcel number of the parcel on which the assessment is imposed; a description of the assessment process; when the report will be submitted to the city council for hearing and confirmation and the facts supporting the assessment. Said notice shall advise owners that they may appear at the time and place of the city council hearing and state any objections to the assessment.

K. The city clerk shall post a copy of such report at city hall, together with the notice of filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation. After confirmation of the report and assessment by the city council, a copy of the report and assessment shall be sent to the city finance officer.

L. The city finance officer may receive payments for the amount due until the city refers the matter to the county auditor for placement on the tax rolls. On or before the tenth day of August of each year, a certified copy of the report shall be filed with the Tulare County Auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the roll at the same time and in the same manner as municipal taxes. They shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for property taxes. All laws and ordinances applicable to the levy collection and enforcement of city taxes a re made applicable to such special assessments, and the lien of said assessment shall have priority of the taxes with which it is collected.

C. M. The procedure provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of graffiti, including, summary abatement. This section is not intended to affect any other action, civil or criminal, for maintenance of any such condition.

9.16.120 Reward Reserved.

The city may provide rewards of up to five hundred dollars ($500.00) for information which leads to the arrest and conviction of graffiti vandals. As part of this incentive, the 376
police department may establish, publicize, and maintain a “graffiti hotline” for citizens to utilize to report this nuisance.

Section 3. California Environmental Quality Act Requirements. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal.

Code Regs. 15061(b)(3).)

Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

Section 5. Effective Date. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect thirty (30) days from the date of adoption.

PASSED AND ADOPTED: October ___, 2024 BRIAN POOCHIGIAN, MAYOR

ATTEST:
_____________________________
LESLIE B. CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY

____________________________

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2024-10 passed and adopted by the Council of the City of Visalia at a regular meeting held on October ___, 2024 and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated: October ___, 2024 LESLIE B. CAVIGLIA, CITY CLERK

By Jennifer Gomez, Chief Deputy City Clerk

377
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0421 Agenda Date: 10/7/2024 Agenda #: 1.

Agenda Item Wording:

For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Judy Miller, Successor Trustee of the Miller Family Trust dated October 14, 1993 and Richard Fredrick Hover and Lucille Womack, also known as Lucille Irene Womack, as Successor Co- Trustees of the Richard L. Hover and Ona Lee Hover 2005 Living Trust and Sarah Bohn Sowell, as Trustee of the Sowell Living Trust dated November 16, 2004 and Steve Bohn, a married man as his sole and separate property and Kenneth Robert Metzger, Trustee of the Kenneth Robert Metzger Trust and Marilynn “Lynn” H. Mirviss as the Surviving Trustee of the Mirviss Family Trust and Marilyn Kendall Weldon, a married woman as her sole and separate property and Martin Mace Peterson, an unmarried man and Cory Smith Peterson, an unmarried man and Michael B. Peterson, Trustee of the Michael B. Peterson Trust, and his Successor Trustees and Perry Lloyd Metzger, a single man, as his sole and separate property.

APN: 094-302-007 & 094-302-008
Brief Description: Purchase of 300 E. Mineral King Ave.

Price: $2,050,000.00
Closing Date: 9/24/2024
Closed Session Council Date: 8/19/2024
Project Manager: Leslie Caviglia and Devon Jones
Visalia City Council Printed on 10/3/2024Page 1 of 1
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378
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0384 Agenda Date: 10/7/2024 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings
Monday, October 21, 2024 @ 7:00 p.m. at 707 W. Acequia
Monday, November 4, 2024 @ 7:00 p.m. at 707 W. Acequia
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.

Visalia City Council Printed on 9/27/2024Page 1 of 1
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Visalia City CouncilOctober 7, 2024

Visalia City Council
October 7, 2024