Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, October 7, 2024
ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted)
PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council and items listed on the Closed Session agenda. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
WORK SESSION AND ACTION ITEMS (as described)
1. New Employee Introductions:
Public Works:
Andrew Stanley - Solid Waste Operator
Eddie Moreno - Solid Waste Operator
Faptima Velasco - Industrial Waste Inspector
Samuel Aceves - Industrial Waste Inspector
Rehana Cale - Sr. Project Manager
Arturo Enriquez - Street Maintenance Worker
24-0430
2. Presentation by Tulare County Health and Human Services - Presentation on California’s implementation on Proposition 1, funding opportunities and an update on the Care Court
implementation.
24-0412
3. Potential Municipal Ordinance Update - Receive staff presentation and provide comment and/or direction on Visalia Municipal Code Chapter 10.16.050 Use of Streets for Storage of Vehicles Prohibited (on-going parking).
24-0340
1 Visalia City Council Meeting Agenda - Final October 7, 2024
4. Potential Municipal Ordinance Update - Receive staff presentation and provide comment and /or direction on potential amendments to Visalia Municipal Code Chapter 8.40 “Nuisances”, Section(s) 8.40.020 “Definitions” to define illegal dumping and
8.40.030 “Public Nuisances” to make illegal dumping in the public right of way punishable with a fine of $1,000 per day.
24-0362
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
SPECIAL PRESENTATION / RECOGNITION
1. Recognition of South Valley United Boys 07 - National Premier League National Champions
24-0397
PUBLIC COMMENTS
This is the time for people to comment on matters within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not, other than the Consent Calendar.
People may comment one time during the evening for up to three minutes unless additional time is authorized by the Council. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
ITEMS OF INTEREST
CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made by a City Council Member and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion
1. Authorization to read ordinances by title only. 24-0393
2. Notice of Completion for Subdivision - Request authorization to file a notice of completion for Candelas II subdivision containing 59 single-family residential lots located southwest of Tulare Avenue and Vista Street.
24-0023
2 Visalia City Council Meeting Agenda - Final October 7, 2024
3. Authorization to Accept the OTS STEP Grant - Authorize the Visalia Police Department to accept the Selective Traffic Enforcement Program (STEP) FY 2024-25 Grant in the amount of $200,000 awarded by the California Office of Traffic Safety (OTS), appropriate $50,000 from the General Fund and authorize the Chief of Police to execute the Grant Agreement.
24-0093
4. Adoption of Resolution 2024-43 - Adopt Resolution 2024-23, the required biennial update of the list of City of Visalia designated employees and classifications for the purpose of compliance with Chapter 2.08 of the Ordinance Code of the City of Visalia specifying conflict of interest regulations. (Resolution 2024-23 required)
24-0304
5. Record Final Map for Sycamore Heights Subdivision - Request authorization to record the final map for Sycamore Heights subdivision, located at the northeast corner of Ferguson Avenue and Akers Street; and request authorization for the formation of Landscape and Lighting Assessment District No. 24-03 and order the improvements and levying the annual assessments. Resolution Nos. 24-57 and 24-58 required.
24-0375
6. Approve Resolution No. 2024-56 in support of Proposition 36:
Accept a Resolution for the City Council of the City of Visalia in support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.
24-0376
7. Record Final Map for Barr & Wood Ranch Phase 1 Subdivision - Request authorization to record the final map for Barr & Wood Ranch Phase 1 subdivision, located at the northwest corner of Roeben Street and Whitendale Avenue; request authorization for the formation of Landscape and Lighting Assessment District No. 24-05 and order the improvements and levying the annual assessments. Resolution Nos. 24-60 and 24-61 required.
24-0378
8. FEMA & CalOES Authorized Agents Approval - Approve
Resolution 2024-53, renewing the position of City Manager and Assistant City Manager and adding the position of Finance Director as authorized agents for official correspondence with FEMA and CalOES.
24-0383
9. Award 5-year contract for WRF Aeration Systems - Authorize the City Manager to award a 5-year sole source contract, not to exceed $200,000 per year, totaling $1,000,000 over the life of the contract, to Environmental Dynamics International to supply repair and replacement parts to overhaul the aeration diffuser system at the Visalia Water Reclamation Facility (WRF).
24-0385
3 Visalia City Council Meeting Agenda - Final October 7, 2024
10. Accept the City of Visalia Cash and Investment Report for the fourth quarter of the fiscal year 2023-24 which consists of months April, May, and June of 2024.
24-0388
11. Award Design Services Contract - Authorize the City Manager to execute a professional services agreement with 4Creeks, Inc., as a sole-source provider, for the design of the expansion and remodel of the clubhouse at the Valley Strong Stadium, in the amount of $420,000; to procure limited construction materials through 4Creeks during the design phase in an amount up to $1,100,000; and to appropriate $4,342,028 from the baseball fund.
24-0389
12. Notice of Completion on Playground - Request authorization to file a Notice of Completion for Riverbend Park Playground Replacement Project, 2534 N. Court Street.
24-0390
13. 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.
24-0391
14. 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
24-0392
15. 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.
24-0395
16. 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.
24-0396
17. 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. 24-0398
4 Visalia City Council Meeting Agenda - Final October 7, 2024
18. 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.
24-0399
19. 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.
24-0402
20. 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.
24-0403
21. 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.
24-0404
22. 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.
24-0410
23. 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
24-0416
REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.
5 Visalia City Council Meeting Agenda - Final October 7, 2024
1. 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”.
24-0345
CLOSED SESSION REPORT
1. For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:
Buyer: City of Visalia
Seller: 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
24-0421
ADJOURNMENT
UPCOMING CITY COUNCIL MEETINGS
6 Visalia City Council Meeting Agenda - Final October 7, 2024
1. 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.
24-0384
7 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0430 Agenda Date: 10/7/2024 Agenda #: 1.
Agenda Item Wording:
New Employee Introductions:
Public Works:
Andrew Stanley - Solid Waste Operator
Eddie Moreno - Solid Waste Operator
Faptima Velasco - Industrial Waste Inspector
Samuel Aceves - Industrial Waste Inspector
Rehana Cale - Sr. Project Manager
Arturo Enriquez - Street Maintenance Worker
Visalia City Council Printed on 10/3/2024Page 1 of 1
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8 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0412 Agenda Date: 10/7/2024 Agenda #: 2.
Agenda Item Wording:
Presentation by Tulare County Health and Human Services - Presentation on California’s implementation on Proposition 1, funding opportunities and an update on the Care Court implementation.
Deadline for Action: N/A
Submitting Department: Administration
Contact Name and Phone Number: Leslie B. Caviglia, City Manager, 713-4332 Department Recommendation:
It is recommended that the Visalia City Council receive this report by Tulare County representatives Anita Ortiz, Health and Human Services Associate Director, and Natalie Bolin, Behavioral Health Director. The presentation (copy attached) will include an overview of Prop 1 (California Mental Health Act passed earlier this year) along with a discussion around future funding opportunities through round 1 and round 2 of the Behavioral Health Continuum Infrastructure Program.
Additionally, it will give an update on Care Court and SB 43, which will make significant changes to LPA law (guidelines for handling involuntary civil commitment of individual to mental health institutions) by expanding the definition of gravely disabled (5150) along with the planning and preparation for these upcoming initiatives.
Fiscal Impact:
N/A
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
Information only; no action required.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Presentation
Visalia City Council Printed on 10/1/2024Page 1 of 1
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9 Behavioral Health Services Act (Proposition 1),
CARE Court, & SB 43
Dr. Natalie Bolin, DSW , LCSW
Behavioral Health Director , HHSA
10 Prop 1:
BHSA Reform
&
Bond BCHIP
Funding
Senate Bill (SB) 326 Behavioral Health Services Act (BHSA) and Assembly Bill (AB) 531 Behavioral Health
Infrastructure Bond Act, created language in Proposition 1 (Prop 1)
Reforms MHSA to BHSA
Creates $6.4 billion general bonds to build new behavioral health community-based treatment facilities
Passed by California voters March 5, 2024
11 Bond Behavioral Health Community
Infrastructure Project (BHCIP)
•Bond BHCIP Round 1 ONE TIME FUNDS
o July 17, 2024, Bond BHCIP Round 1 Launch Ready Request for Application (RFA)released
o Round 1 application deadline December 13, 2024
o Round 1 Launch Ready awards announced May 2025
•Bond BHCIP Round 2 Unmet Needs
o Releases May 2025
12 BHSA Bond BCHIP Round 1
Applicants may include counties, cities, tribal entities, non-profits, and for-profits whose projects reflect state priorities and align with facility types.
Projects must be launch ready with predevelopment design, planning, site control and budgeting details
Eligible project types include behavioral health and substance use disorder facilities and service sites and that include some transitional residential opportunities
Services at facilities must be sustainable by the BH Branch for 30 years
13 Bond BCHIP: Eligible Facility Types
Specialized Behavioral Health Treatment Sites
Acute Psychiatric HospitalAcute Psychiatric Hospital
Adolescent Residential
Substance Use Disorder
(SUD) Treatment Facility
Adolescent Residential
Substance Use Disorder
(SUD) Treatment Facility
Adult Residential SUD
Treatment Facility
Adult Residential SUD
Treatment Facility
Behavioral Health Urgent
Care (BHUC)/Mental Health
Urgent Care (MHUC)*
Behavioral Health Urgent
Care (BHUC)/Mental Health
Urgent Care (MHUC)*
Chemical Dependency
Recovery Hospital, Children’s
Crisis Residential Program
(CCRP)Community Mental
Health Clinic (outpatient)
Chemical Dependency
Recovery Hospital, Children’s
Crisis Residential Program
(CCRP)Community Mental
Health Clinic (outpatient)
Community Residential
Treatment System
(CRTS)/Social Rehabilitation
Program (SRP)
Community Residential
Treatment System
(CRTS)/Social Rehabilitation
Program (SRP)
Community Treatment
Facility (CTF), Community
Wellness/Prevention Center
(tribal entities only)
Community Treatment
Facility (CTF), Community
Wellness/Prevention Center
(tribal entities only)
Crisis Stabilization Unit (CSU)Crisis Stabilization Unit (CSU) General Acute Care Hospital
(GACH) for behavioral health
services only
General Acute Care Hospital
(GACH) for behavioral health
services only
Hospital-Based Outpatient
Treatment (outpatient
detoxification/withdrawal
management)
Hospital-Based Outpatient
Treatment (outpatient
detoxification/withdrawal
management)
Mental Health Rehabilitation
Center (MHRC), Narcotic
Treatment Program (NTP)
Mental Health Rehabilitation
Center (MHRC), Narcotic
Treatment Program (NTP)
NTP Medication UnitNTP Medication Unit Office-Based Opioid Treatment (OBOT)
Office-Based Opioid
Treatment (OBOT)
Outpatient Treatment for
SUD, Partial Hospitalization
Program
Outpatient Treatment for
SUD, Partial Hospitalization
Program
Peer Respite, Perinatal
Residential SUD Facility
Peer Respite, Perinatal
Residential SUD Facility
Psychiatric Health Facility
(PHF)
Psychiatric Health Facility
(PHF)
Psychiatric Residential
Treatment Facility (PRTF)
Psychiatric Residential
Treatment Facility (PRTF)
Short-Term Residential
Therapeutic Program
(STRTP)
Short-Term Residential
Therapeutic Program
(STRTP)
Skilled Nursing Facility with
Special Treatment Program
(SNF/STP)
Skilled Nursing Facility with
Special Treatment Program
(SNF/STP)
Sobering Center (funded
under the Drug Medi-Cal
Organized Delivery System
[DMC-ODS] and/or
Community Supports)
Sobering Center (funded
under the Drug Medi-Cal
Organized Delivery System
[DMC-ODS] and/or
Community Supports)
Social Rehabilitation Facility
(SRF)
Social Rehabilitation Facility
(SRF)
14 Tulare County
Bond BHCIP
Round 1
Planning
Bond 1 Application: Casa Grande second
unit to support community members
with co-occurring substance-use
disorders and medical conditions
Bond 1 Application: Wellness and
Recovery Transitional Housing site with
dedicated substance use disorder
services.
Bond 1 Partner Applications: reviewing
fiscal sustainability for all partnering
opportunities to ensure 30 years of
service can be budgeted
15 Current Tulare County BCHIP Projects
BH Urgent Care
Center, Tulare
$ 10.7 million
Psychiatric Hospital
for youth, Kaweah
Health
$8.5 million
Mobile Crisis Direct
Services &
Infrastructure
$ 4 million
16 Additional Projects
Youth Crisis Stabilization
Unit in partnership with
Kaweah Health, (12) 24-
hour beds, funded by
CHFFA grant, $4+ million
Youth field crisis team and
vehicles in partnership
with Tulare County Office
of Education, funded by
CHFFA grant, $500,000
17 18
Current BH Housing
Spectrum
Transitional Living Center (TLC): Augmented Board &
Care, 24/7 Case Management, (53 beds)
Community Living Center (CLC): Semi-permanent
supported transitional housing, Case Management
during business hours (28 beds)
Crossroads: Transitional Age Youth (18-24):
Supported Transitional Room and Board Housing (20
Beds)
Co-Occurring Disorder Residential Program:
Transitional Room and Board Housing, (23 Beds)
(Services Contracted to CVRS)
East Tulare Avenue Cottages (ETAC): Permanent
Supportive Housing, 11 Shared Apartments (22 beds)
Tulare Apartments: Permanent Supportive Housing (8
Shared Apartments, 16 Beds)
Porterville Apartments: Permanent Supportive
Housing (10 shared Apartments, 20 Beds)
Casa De Robles: Transitional Age Youth (18-24),
Permanent Supportive Housing (13 Beds, Expanding
to 25)
No Place Like Home Beds (113 Beds), sites
throughout Tulare County
Upcoming: Casa Grande augmented Board & Care
(80+ beds); proposed: Eden House (5 Beds), S+L (5
Beds)
19 Proposition 63, also
known as the Mental
Health Services Act
(MHSA)
Passed by California
voters November 2004
Went into effect January
2005
MHSA is funded by 1%
tax surcharge on
personal income over
$1million per year
5 Funding Components:
Community
Services and
Supports
(CSS)
Prevention
and Early
Intervention
(PEI)
Workforce
Education
and Training
(WET)
Capital
Facilities &
Technology
Needs (CFT)
Innovation
Projects
(INN) (*5% to
State Admin)
Background: MHSA
Prop 1: BHSA Reform
20 BHSA County Allocations
New categories effect July 1, 2026
• State takes 10% off the top for Admin/Prevention/Workforce.
Counties’ allocations then split to these new categories:
• 35% to Full-Service Partnership (including ACT/FACT)
• 35% to BH Services and Supports (BHSS)
• must include 51% to Early intervention
• of which, 51% must be used for 25 years and under
• 30% to Housing
• must include 50% to chronically homeless
• must follow Housing First philosophy/requirements
21 MHSA vs BHSA Funding
22 BHSA Funding Allocations
23 BHSA Project Timeline
First annual update (FY 2027-
2028) of the Integrated Plan is
due to DHCS
30 June 2024
DHCS will release BHSA Policy
Guidance, subsequect guidance will
release in summer of 2025
Early 2025
Integrated planning begins to
develop three-year 2023-2026
implementation plans.
1 Jan. 2025
First Integrated plan due to DHCS,
requires Board approval.
30 Jan. 2026
Performance outcomes with BHSA
requirements begin
1 July 2026
County Behavioral Health
Outcomes, Accountability and
Transparency Report due. Counties
will then report to DHCS annually
Early 2028
24 CARE Court
Court ordered treatment for adults with a diagnosis of Schizophrenia Spectrum or Other Psychotic Disorders, who is not stabilized and unlikely to survive safely in the community or who needs services to prevent deterioration and will benefit from participating in a CARE agreement.
December 1, 2024 implementation
Court ordered services require a CARE plan that provides individualized interventions, supportive services, medication, and housing.
Voluntary program
If an individual does not engage in the court ordered CARE plan, then conservatorship will be considered.
BHSA Reform & Infrastructure Bond,
along with BHBH funds, is aimed at
helping those in our community
that are most acutely mentally ill
with co-occurring substance use
disorders that often struggle with
homelessness. Care Court is an
additional service type that will be
implemented in December 2024
25 Care Court Implementation Efforts
Stakeholder Meetings began April 2024.
Members within two meeting sets include
representatives from County Behavioral
Health, Public Guardian, Tulare County
Superior Court, Counsel, District Attorney,
law enforcement, HOPE Team, Kaweah
Health, and Department of Health Care
Services (DHCS).
Contract is pending for these services; the
branch will return to the Board of
Supervisors for approval in the fall of
2024.
26 Additional Policy Impacts to BH Services
and Facilities: Senate Bill 43
Must be implemented by
January 1 of 2026
Expands the state’s “gravely
disabled” criteria to allow
for involuntary detention
and conservatorship of
individuals for “severe”
substance use disorder or
co-occurring mental health
disorder and severe SUD
which may result in many
more individuals being put
on involuntary holds and
routed towards
conservatorship
Conservatorship hearings
can now include testimony
submitted into
conservatorship
proceedings without
requiring in-person cross
examination
Requires counties to
consider less restrictive
outpatient treatment
alternatives in the
community such as assisted
outpatient treatment (AOT)
and CARE Court in
conducting conservatorship
investigations.
27 SB 43 Impacts
Increased Workforce and provider contracts
High acuity treatment facilities for co-occurring SUDs and medical issues Clinical assessments for SUD and medical grave disability Policies & Procedures
28 Conclusion
As the behavioral health landscape changes
according to legislation, policy updates, and the
needs of our community, the Tulare County
HHSA Behavioral Branch continues to develop
strategy to optimize all eligible funding streams
and policy reformation. Our duty to serve our
most vulnerable community members suffering
from serious mental illness includes building
specialized facilities, services, and residential
sites to ensure all individuals are connected to
appropriate levels of care and available housing
options throughout Tulare County.
29 Questions?
Additional Information:
Website: https://tchhsa.org/eng/mental-health/
Access to BH Services:1-866-732-4114
Tulare County Crisis Services: 1-800-320-1616
National Crisis Hotline: 988
30 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0340 Agenda Date: 10/7/2024 Agenda #: 3.
Agenda Item Wording:
Potential Municipal Ordinance Update - Receive staff presentation and provide comment and/or direction on Visalia Municipal Code Chapter 10.16.050 Use of Streets for Storage of Vehicles Prohibited (on-going parking).
Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Jesse Villegas, Code Enforcement Officer, [email protected] < mailto:[email protected]>, (559) 713-4191,
Tracy Robertshaw, Neighborhood Preservation Manager, [email protected] < mailto:[email protected]>, (559) 713-4187,
Paul Bernal, Planning and Community Preservation Director, [email protected] < mailto:[email protected]>, (559) 713-4025,
Department Recommendation:
Staff recommends that the Visalia City Council receive the staff report, presentation, and take public comment regarding Visalia Municipal Code Section 10.16.050 “Useof Streets for Storage of Vehicles Prohibited”and direct to staff revise Section 10.16.050, as noted in the staff report. Changes to the Municipal Code will require the revisions to be adopted by a separate ordinance at a future public hearing before the City Council.
Summary:
Over the past year, Code Enforcement and Visalia Police Department have received numerous complaints related to the storage of personal vehicles and the minimal movement of parked or standing vehicles located on the public street. These complaints tend to mostly consist of personal vehicles (i.e., cars and trucks), recreational vehicles, travel trailers, and camper trailers. These vehicles/trailers/RVs have been found to impact city streets as the storage of these vehicles tends to impair traffic flow, obstruct line of sight visibility near intersections, crosswalks and for drivers backing their vehicles out driveways onto public streets. This has also increased new open cases throughout the city for Code Enforcement and increased the number of calls for service for the Visalia Police Department.
Visalia Municipal Code Section 10.16.050 currently states the following:
“No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.”
The current code does not elaborate, after 72-hours, the distance said vehicles/trailers should be moved. Due to the ambiguity of this requirement, owners can simply move their vehicle/trailer a couple of feet to come into compliance with the current code provision, which does not remedy the Visalia City Council Printed on 10/1/2024Page 1 of 3
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31 File #: 24-0340 Agenda Date: 10/7/2024 Agenda #: 3.
couple of feet to come into compliance with the current code provision, which does not remedy the vehicle storage issue and continues to exacerbate impacts to city streets, particularly within residential neighborhoods, resulting in calls to City staff to address this issue.
In an effort to alleviate this issue, staff recommends the City Council consider the potential revision to Section 10.16.050 as follows (underline and italics for additions and strikeout for deletions:
Section 10.16.050
No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.
A. Recreational vehicles or temporary recreational vehicles, travel trailers, mobile homes, unattached trailers, boat trailers, and camper trailers may park on any street for a seventy-two (72) hour period of time.
B. No person shall park or stand or permit to park any recreational vehicles or temporary recreational vehicles, travel trailers, mobile homes, unattached trailers, boat trailers, and camper trailers on a street or alley for more than seventy-two (72) hours within a consecutive seven-day period.
C. A vehicle shall be considered to be in violation of this section when it is parked or standing on a street or alley within one thousand linear feet of the same location after seventy-two (72) hours. Distance in linear feet shall be measured along the public street from the original parking location to the new parking location.
Alternatively, the City Council can elect to increase or decrease the distance requirement, if the City Council concludes staff’srecommendation of 1,000 linear feet distance would not have the desired impact to deter individuals from utilizing the streets for long-term storage parking of vehicles, r ecreational vehicles, temporary recreational vehicles, travel trailers, mobile homes, unattached trailers, boat trailers, and camper trailers.
Please note that the information in this report has been provided to individuals within the Visalia Police Department who are in support of the request to revise this ordinance section to clearly define the distance vehicles/trailers are required to move after being parked on the street for 72 hours.
Analysis:
City staff believes these changes will be beneficial as this will lessen the impact of city streets, allow smoother traffic flow, alleviate sight/visibility issues for pedestrians and drivers backing their vehicles out of driveways onto public streets, and define a distance requirement that vehicles/trailers on public streets would need to be moved in order to remain legally parked after seventy-two (72) hours.
Fiscal Impact:
None at this time
Prior Council Action: N/A
Other: N/A
Alternatives:
The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Section 10.16.050 “Use of Streets for Storage of Vehicles Prohibited”
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32 File #: 24-0340 Agenda Date: 10/7/2024 Agenda #: 3.
Recommended Motion (and Alternative Motions if expected):
I move to direct staff to initiate revisions to Section 10.16.050 “Useof Steets for Storage of Vehicles Prohibited” as identified in the staff report and return to City Council with a proposed ordinance modification.
Environmental Assessment Status:
The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project”as defined in CEQA Guidelines Section 15378. Furthermore, this action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that it would have a significant effect on the environment.
CEQA Review:
The requested action is not a “project” under CEQA.
Attachments:
1. Chapter 10.16 Stopping, Standing and Parking
2. PowerPoint Presentation
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33 Chapter 10.16
STOPPING, STANDING AND PARKING
Sections:
10.16.010 Application of regulations.
10.16.020 Stopping or standing in parkways prohibited.
10.16.030 City manager to maintain no stopping zones and no parking areas.
10.16.040 No parking areas.
10.16.050 Use of streets for storage of vehicles prohibited.
10.16.060 Parking for demonstration.
10.16.070 Repairing or greasing vehicles on public streets.
10.16.080 Washing or polishing vehicles.
10.16.090 Parking adjacent to schools.
10.16.100 Parking prohibited on narrow streets.
10.16.110 Unlawful parking--Peddlers, vendors.
10.16.120 Emergency parking signs.
10.16.130 Twenty minute parking.
10.16.140 One hour, two hour and four hour parking.
10.16.145 Downtown parking permits.
10.16.150 Parking parallel on one-way street.
10.16.160 Diagonal parking.
10.16.170 Parking space markings.
10.16.180 No stopping zone.
10.16.190 All night parking prohibited.
10.16.200 Parking on city property.
10.16.210 Parking commercial vehicles in residential district.
10.16.220 Movement of parked vehicle in central business district.
10.16.230 Handicapped parking.
10.16.240 Authority to establish loading zones.
10.16.250 Curb markings to indicate no stopping and parking regulations.
10.16.260 Effect of permission to load or unload.
34 10.16.270 Standing for loading or unloading only.
10.16.280 Standing in passenger loading zone.
10.16.290 Standing in any alley.
10.16.300 Bus zones.
10.16.310 Bicycle parking zones.
10.16.320 Funeral zones.
10.16.330 Taxicab stands.
10.16.340 Special passenger loading zones.
10.16.010 Application of regulations.
A. The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
B. The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the ordinances of this city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (Prior code § 3009(a))
10.16.020 Stopping or standing in parkways prohibited.
No person shall stop, stand or park a vehicle within any parkway. (Prior code § 3009(b))
10.16.030 City manager to maintain no stopping zones and no parking areas.
A. The city manager is authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking area, and restricted parking area, as defined and described in this chapter.
B. When said curb markings or signs are in place, no operator of any vehicle shall stop, stand or park such vehicle adjacent to any such legible curb marking or sign in violation of any of the provisions of this chapter. (Prior code § 3009(c))
10.16.040 No parking areas.
No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, of traffic sign or signal:
A. Within any divisional island unless authorized and clearly indicated with appropriate signs or markings;
B. On either side of any street between the projected property lines of any public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface;
C. In any area where the city manager determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; 35 D. In any area established by resolution of the council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface; E. Upon, along or across any railway track in such manner as to hinder, delay or obstruct the movement of any car traveling upon such track;
F. In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property;
G. On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice of such no parking are erected or placed at least twenty-four (24) hours prior to the effective time of such no parking. (Prior code § 3009(d))
10.16.050 Use of streets for storage of vehicles prohibited.
No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours. (Prior code § 3009(e))
10.16.060 Parking for demonstration.
No operator of any vehicle shall park said vehicle upon any street in this city for the principal purpose of advertising or displaying it for sale, unless authorized by resolution of the council. (Prior code § 3009(f))
Editor's note:
The United States District Court (Central District of California) recently offered an opinion regarding the legal validity of city ordinances prohibiting vehicles to be parked on a roadway displaying a "for sale" sign. The United States District Court found that prohibiting the display of such a sign in a vehicle on a roadway may be a First Amendment violation of free speech and has issued a preliminary injunction against the City of Los Angeles, forbidding them to issue citations for that violation. (8-9-01)
10.16.070 Repairing or greasing vehicles on public streets.
No person shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any public street in this city. Temporary emergency repairs may be made upon a public street. (Prior code § 3009(g))
10.16.080 Washing or polishing vehicles.
No person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any public street in this city, when a charge is made for such service. (Prior code § 3009(h))
10.16.090 Parking adjacent to schools.
A. The city manager is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.
36 B. When official signs are erected prohibiting parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. (Prior code § 3009(i))
10.16.100 Parking prohibited on narrow streets.
A. The city manager is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty (30) feet.
B. When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking. (Prior code § 3009(j))
10.16.110 Unlawful parking--Peddlers, vendors.
A. 1. Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or food stuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating cart or vehicle, on any portion of any street within this city except that such vehicles, wagons, or pushcarts may not stand or park at any specific location for more than ten minutes, unless the person is otherwise stopped on a personal break, or as necessary to complete a transaction(s) at the request of a bona fide purchaser(s) that approached the person while stopped.
2. No person shall stand or park any such vehicle, wagon or pushcart within this city within one thousand (1,000) feet of the exterior boundary for property used or occupied by any private or public school.
3. The provisions of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business of distribution.
B. No person shall park or stand on any street any lunch wagon, eating cart or vehicle, or pushcart, stand, display, pedal driven cart, wagon, showcase, rack or other nonmotorized conveyance from which food or merchandise is sold or offered for sale without first obtaining a written permit to do so under this municipal code, Chapter 5.72 concerning sidewalk vendors seeking permits or Chapter
17.64 concerning food truck operators seeking permits.
C. No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the city manager, which shall designate the specific location where such vehicle may stand.
D. Whenever any permit is granted under the provisions of this municipal code and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon, or pushcart on any location other than as designated in such permit. (Ord. 2019-05 § 2, 2019: prior code § 3009(k))
10.16.120 Emergency parking signs.
A. Whenever the city manager shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings, or functions, or for other reasons, the city manager shall have the power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the city manager shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency, and the city manager shall cause such signs to be removed promptly thereafter.
37 B. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. (Prior code § 3009(l))
10.16.130 Twenty minute parking.
A. Green curb marking shall mean no standing or parking for a period of time longer than twenty (20) minutes at any time between eight a.m. and five p.m. on any day except Sunday and holidays.
B. When authorized signs or curb markings have been determined by the city manager to be necessary and are in place giving notice thereof, no operator of vehicle shall stop, stand or park said vehicle adjacent to any such legible curb marking or sign in violation thereof. (Prior code § 3010(a))
10.16.140 One hour, two hour, three hour and four hour parking.
A. When authorized signs have been determined by the city manager to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of eight a.m. and five p.m. of any day except Sundays and holidays for a period of time longer than one hour.
B. When authorized signs have been determined by the city manager to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of eight a.m. and five p.m. of any day except Saturday(s), Sunday(s), and holidays for a period of time longer than two hours.
C. When authorized signs have been determined by the city manager to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of eight a.m. and five p.m. of any day except Saturday(s), Sunday(s), and holidays for a period of time longer than three hours.
D. When authorized signs have been determined by the city manager to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of eight a.m. and five p.m. of any day except Saturday(s), Sunday(s), and holidays for a period of time longer than four hours. (Ord. 2007-04 § 2, 2007; prior code § 3010(b))
10.16.145 Downtown parking permits.
A. Whenever the city manager shall determine that the establishment of parking permits are reasonably necessary or desirable to prohibit, restrict or regulate off-street parking facilities within the central business district parking zone as defined by Section 17.30.030, the city manager shall have authority to implement parking permit programs for city-owned or operated off-street parking facilities.
The city manger shall issue rules and regulations needed for the administration and enforcement of downtown parking permits including but not limited to criteria and procedures for issuance and revocation of a parking permit.
B. The city manager may defer any parking permit programs to the city council for public review and authorization.
C. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs.
D. Permit fees shall be set by resolution of the city council.
E. Fees collected, less administrative costs, shall be deposited into an account for the purpose of providing future public parking facilities. (Ord. 2000-10 § 1, 2000)
10.16.150 Parking parallel on one-way street.
38 A. Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen (18) inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing.
B. In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting such standing or parking.
C. The city manager is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left- hand side of any one-way roadway or a highway having two or more separate roadways and shall erect signs giving notice thereof.
D. The requirement of parallel parking imposed by this section shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight, or goods, in which case such vehicle may be backed up to the curb; provided, that such vehicle does not extend beyond the center line of the street and does not block traffic thereby. (Prior code § 3010(c))
10.16.160 Diagonal parking.
A. On any of the streets, portions of streets, or publicly owned parking lots established by resolution of the council as diagonal parking zones, when signs or pavement markings are in place indicating such diagonal parking, it shall be unlawful for the operator of any vehicle to park said vehicle except:
1. At the angle to the curb or barrier indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space;
2. With the front wheel nearest the curb or barrier within six inches of said curb or barrier.
B. The provisions of this section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers, freight or goods, in which event the provisions applicable in Section 10.16.150 shall be complied with. (Prior code § 3010(d))
10.16.170 Parking space markings.
A. The city manager is authorized to install and maintain parking space markings to indicate parking space adjacent to curbing and the publicly owned lots where authorized parking is permitted.
B. When such parking space markings are placed on the pavement, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size and shape of such vehicle makes compliance impossible. (Prior code § 3010(e))
10.16.180 No stopping zone.
A. The city manager shall designate established no stopping zones by placing and maintaining appropriate signs indicating that stopping of vehicles is prohibited and indicating the hours and day when stopping is prohibited.
B. During the hours and on the days designated on the signs, it shall be unlawful for the operator of any vehicle to stop said vehicle on any of the streets or parts of streets established by resolution of the council as no stopping zones. (Prior code § 3010(f))
10.16.190 All night parking prohibited.
Whenever, within the central traffic district, signs are in place indicating that parking is prohibited for any specified time between the hours of two a.m. and five a.m. of any day, no person shall stop, stand or park a vehicle during any period of time prohibited by such signs. (Prior code § 3010(g)) 39 10.16.200 Parking on city property.
A. Whenever the city manager shall determine that the orderly efficient conduct of the city's business requires that parking or standing of vehicles on city property be prohibited, limited or restricted, the city manager shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles is thus prohibited, limited or restricted.
B. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs. (Prior code § 3010(h))
10.16.210 Parking commercial vehicles in residential district.
No person shall park any commercial vehicle, having an unladen weight exceeding five thousand (5,000) pounds in any residential district except: (a) while loading or unloading property; or (b) when such vehicle is parked in connection with, or in aid of, the performance of a service to or on a property in the block in which such vehicle is parked. A “residence district” shall be determined as per California Vehicle Code, Division 1, Section 240 or Section 515, or as those districts or areas zoned as residential and indicated as such on the city zoning map, including low-medium, and high-density residential. (Prior code § 3010(i))
10.16.220 Movement of parked vehicle in central business district.
No person shall stop, stand or park any vehicle, except a commercial delivery vehicle while actually engaged in making delivery or pick up of merchandise, more than one time within any two consecutive hours in the central traffic district when posted in accordance with this chapter. (Prior code § 3010(j))
10.16.230 Handicapped parking.
A. No person shall stop, stand or park any vehicle in a stall or space designated for physically handicapped persons on public or private property if such stall or space is indicated by blue paint on the curb. In addition to the blue paint, the space may also be indicated by sign if immediately adjacent to and visible from such stall or space there is a posted sign consisting of a profile view of a wheelchair with occupant in white on blue background, unless the vehicle displays a distinguishing handicapped license plate or handicapped placard issued pursuant to Sections 22511.5 or 9105 of the California Vehicle Code.
B. This chapter shall not apply to any off-street parking facility privately owned and maintained and generally held open for use of the public for purposes of vehicular parking unless the owner or operator has, in addition, caused to be posted in a conspicuous place at each entrance to such off- street parking facility a notice not less than seventeen (17) by twenty-two (22) inches in size with lettering not less than one inch in height, to the effect that such off-street parking is subject to enforcement of handicapped parking spaces as per Section 10.16.230 of the Municipal Code.
C. Any violation of this section shall constitute an infraction and shall be punishable as hereinafter provided:
1. A fine not to exceed one hundred dollars ($100.00);
2. On the 5th calendar day following the date indicated on the citation as the date to appear if no appearance has been made by either:
a. Payment of bail,
b. Payment of a fine imposed by this section,
c. The filing of a notice of contest with the collecting agency, 40 the citation shall be deemed delinquent and a fine of five dollars ($5.00) shall be imposed in addition to that imposed under subsection (C)(1) of this section;
3. On the 40th calendar day following the date indicated on the citation as the date to appear if no appearance has been made by either:
a. Payment of bail,
b. Payment of a fine imposed by this section,
c. The filing of a notice of contest with the collecting agency, the citation shall be deemed delinquent and an additional fine of fifteen dollars ($15.00) shall be imposed in addition to that imposed under subsections (C)(1) and (C)(2).
D. For the purpose of processing parking citations and collecting bail, fines and penalties, the collecting agency will be the Visalia Municipal Court or the city.
E. In the event of changes in the California Vehicle Code sections pertaining to handicapped parking, this chapter will automatically conform to such change. (Prior code § 3011(k--n))
10.16.240 Authority to establish loading zones.
A. The city manager is authorized to determine and to mark loading zones and passenger zones as follows:
1. At any place in the central traffic district or any business district;
2. Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.
B. In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes.
C. Loading zones shall be indicated by yellow paint upon the top of all curbs within such zones.
D. Passenger loading zones shall be indicated by white paint upon the top of all curbs in said zones. (Prior code § 3011(a))
10.16.250 Curb markings to indicate no stopping and parking regulations.
The city manager is authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and such curb markings shall have the meanings as herein set forth.
A. Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone.
B. Yellow shall mean no stopping, standing or parking at any time between seven a.m. and six p.m. of any day except Sundays and holidays for any purpose other than the loading or unloading of passengers or materials; provided, that the loading or unloading of passengers shall not consume more than three minutes; nor the loading or unloading of materials more than twenty (20) minutes.
C. White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mail box, which shall not exceed three minutes and such restrictions shall apply between seven a.m. and six p.m. of any day except Sundays and holidays and except as follows:
1. When such zone is in front of a hotel or in front of a mail box, the restrictions shall apply at all times;
41 2. When such zone is in front of a theater, the restrictions shall apply at all times except when such theater is closed.
D. When the city manager as authorized under this chapter has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section. (Prior code § 3011(b))
10.16.260 Effect of permission to load or unload.
A. Permission granted to stop or stand a vehicle for the purposes of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefore, and in no event for more than twenty (20) minutes.
B. The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pick-up of express and parcel post packages and United States mail.
C. Permission granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage, but shall not extend beyond the time necessary therefore, and in no event for more than three minutes.
D. Within the total time limits above specified, the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges granted. (Prior code § 3011(c))
10.16.270 Standing for loading or unloading only.
No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or materials for such time as is permitted in Section 10.16.260. (Prior code § 3011(d))
10.16.280 Standing in passenger loading zone.
No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 10.16.260. (Prior code § 3011(e))
10.16.290 Standing in any alley.
No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley. Such loading or unloading is limited to the time periods specified in Section 10.16.260. (Prior code § 3011(f))
10.16.300 Bus zones.
A. The city manager or his designee, with the concurrence of the city engineer, is authorized to establish bus zones for the loading and unloading of passengers and to determine the location thereof and the time such zones shall be restricted to the use of buses, subject to the directives and limitations set forth herein.
B. Bus zones shall normally be established on the far side of an intersection.
C. The normal length of any bus zone shall be determined as follows:
1. Eighty (80) feet when the zone is located at the far side of any intersection;
2. One hundred (100) feet when the zone is located at the near side of an intersection, or at any location where the bus turns at an intersection immediately prior to entering the bus zone; 42 3. One hundred fifty (150) feet when the city engineer determines that the length of the bus zone, as stated in subsection (C)(1) or (C)(2) of this section, is insufficient for safe or efficient operation of the bus; provided, that such length minimums may be revised by the city engineer when a zone is constructed off the standard street right-of-way.
D. The bus zone shall be designated by a red curb marking stenciled with the words “BUS ZONE,” or by posting signs containing the same words.
E. No person shall stop, stand or park any vehicle, except a transit bus, in a bus zone during times as may be specified on such sign or marking.
F. If any development occurring to or upon any real property adjacent or contiguous to the public right-of-way upon which a bus zone and/or a bus bench is located requires the temporary relocation of an existing bus zone and/or bus bench, then the owner of said real property, or his contractor, or both, whose actions are, in whole or in part, responsible for the relocation of any such bus zone and/or bus bench, shall be individually and collectively responsible for all costs incurred in providing any such temporary relocation and for the reinstallment of the bus zone and/or bus bench to a permanent location. (Prior code § 3011(g))
10.16.310 Bicycle parking zones.
When the city manager shall determine that the establishment of a bicycle parking zone is reasonably necessary or desirable for the regulation of traffic or to provide facilities for the temporary parking of bicycles being operated upon public streets, or to safeguard life or property, he is authorized to set aside a space on the street not more than thirty-six (36) feet in length for the parking of bicycles during such hours of such days as are found by him to be best suited for the accomplishment of the purpose set forth in this section. When a bicycle parking zone is so established, the city manager shall cause appropriate signs to be posted thereat during such hours, giving notice that parking of other vehicles is prohibited. No person shall stop, stand or park any other vehicle in front of such zone while such signs are in place. (Prior code § 3011(k))
10.16.320 Funeral zones.
No operator of any vehicle shall stop, stand or park said vehicle for any period of time longer than is necessary for the loading and unloading of passengers and not to exceed three minutes at any place between the limit markers or signs placed within the projected real property boundaries of any undertaking establishment, private residence, or any public or private place at any time during or within forty (40) minutes prior to the beginning of any funeral by or has received permission from the director or other person in charge of such funeral or funeral service to park such vehicle in such place; provided, that such director or person in charge shall have placed and maintained prior to and during the time limit specified herein, two approved portable signs one at each extremity of such place, upon the sidewalks or pavement area and within two feet of the curb. (Prior code § 3011(l))
10.16.330 Taxicab stands.
A. The city manager may establish taxicab stands and determine the location thereof.
B. The curb surface within each taxicab stand shall be painted white and marked “Taxicab Stand” in red lettering, or shall be designated by signs of a type approved by the city manager.
C. No operator of any vehicle, other than a taxicab or automobile for hire, shall park said vehicle in such taxicab stand. (Prior code § 3011(m))
10.16.340 Special passenger loading zones.
A. No operator of any vehicle shall stop, stand, or park said vehicle in any special passenger loading zone when approved permanent or portable signs are in place, as hereinafter provided, for 43 any period of time longer than is necessary for the loading or unloading of passengers and not to exceed three minutes.
B. Special Passenger Loading Zones, as used herein, shall be those areas adjacent to the curb, not more than sixty (60) feet in length, located between two approved permanent or portable signs in front of or adjacent to, and within the projected real property boundaries of any church, theater, club, or place of business or public gathering. Said signs shall be provided and paid for by the church, theater, club, or place of business or public gathering for which they are used and shall be approved by the city manager. (Prior code § 3011(n))
44 USE OF STREETS FOR STORAGE OF
VEHICLES PROHIBITED
V.M.C 10.16.050
45 MOST COMMON COMPLAINTS
RECEIVED
• These complaints tend to mostly consist of recreational vehicles, travel trailers, and camper trailers.
46 ISSUES CAUSED
BY EXCESSIVE
STORAGE
• THESE VEHICLES/TRAILERS HAVE
BEEN FOUND TO IMPACT CITY
STREETS AS THE STORAGE OF
THESE VEHICLES TENDS TO
IMPAIR TRAFFIC FLOW,
OBSTRUCT LINE OF
SIGHT/VISIBILITY NEAR
INTERSECTIONS, CROSS WALKS
AND FOR DRIVERS BACKING
THEIR VEHCLES OUT OF
DRIVEWAYS ONTO PUBLIC
STREETS.
47 CURRENT MUNICIPAL CODE
10.16.050 USE OF STREETS FOR STORAGE
PROHIBITED
No person who owns or has possession, custody
or control of any vehicle shall park such vehicle
upon any street or alley for more than a
consecutive period of seventy-two (72) hours.
48 WHAT THE CURRENT CODE
LACKS
DOES NOT ELABORATE THE DISTANCE SAID VEHICLE/TRAILERS SHOULD BE MOVED.
(OWNER’S CAN SIMPLY MOVE THEIR VEHICLE/TRAILER A COUPLE OF FEET
TO COME INTO COMPLIANCE WITH CURRENT CODE PROVISIONS)
• DOES NOT REMEDY STORAGE ISSUE.
• CONTINUED IMPACT TO CITY STREETS.
• RESIDENTIAL NEIGHBORHOODS IMPACTED THE MOST.
• CONTINUED CALLS TO CITY STAFF.
49 POTENTIAL REVISION TO SECTION
10.16.050
• Section 10.16.050
• No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.
A. Recreational vehicles or temporary recreational vehicles, travel trailers, mobile homes, and camper trailers may park on any street for a 72 hour period of time.
B. No person shall park or stand or permit to park any recreational vehicles or temporary recreational vehicles, travel trailers, mobile homes, and camper trailers for more than a 72 hours within a consecutive seven day period.
C. A vehicle shall be considered to be in violation of this section when it is parked or standing on a street or alley within one thousand feet of the same location after 72 hours.
50 ALTERNATIVE TO DISTANCE RECCOMENDATION
• CITY COUNCIL CAN ELECT TO INCREASE OR DECREASE
DISTANCE REQUIREMENTS (500 FT, 1MILE ETC.) IF COUNCIL
FEELS THE DISTANCE IS NOT ADEQUATE.
*STAFF RECCOMENDS 1000 FT DISTANCE FROM ORIGINAL AREA
VEHICLE IS PARKED
51 DISCUSSION
BETWEEN
DEPARTMENTS
• CODE ENFORCEMENT AND VISALIA POLICE DEPARTMENT
DISCUSSED POTENTIAL UPDATE TO MUNICIPAL CODE
10.16.050
• BOTH DEPARTMENTS AGREED POTENTIAL UPDATES
WOULD HELP TO BETTER ENFORCE THE CODE.
52 EXPECTED RESULT WITH PROPOSED
CHANGES
LESSEN THE IMPACT OF CITY STREETS
ALLOW FOR SMOOTHER TRAFFIC FLOW
ALLEVIATE SIGHT /VISIBILITY FOR PEDESTRIANS AND DRIVERS
PROVIDES TEMPORARY RELIEF TO IMPACTED NEIGHBORHOODS
53 USE OF STREETS FOR STORAGE OF
VEHICLES PROHIBITED
V.M.C 10.16.050
THANK YOU
54 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0362 Agenda Date: 10/7/2024 Agenda #: 4.
Agenda Item Wording:
Potential Municipal Ordinance Update - Receive staff presentation and provide comment and/or direction on potential amendments to Visalia Municipal Code Chapter 8.40 “Nuisances”,Section(s)
8.40.020 “Definitions”to define illegal dumping and 8.40.030 “Public Nuisances” to make illegal dumping in the public right of way punishable with a fine of $1,000 per day.
Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number: Tommy Contreras, Code Enforcement Officer, [email protected] <mailto:[email protected]>, (559) 713-4194 Tracy Robertshaw, Neighborhood Preservation Manager, [email protected] < mailto:[email protected]>, (559) 713-4187 Paul Bernal, Planning and Community Preservation Director, [email protected] <mailto:[email protected]>, (559) 713-4025.
Department Recommendation:
Staff recommends that the City Council receive the staff report, presentation and take public comment regarding Visalia Municipal Code Sections 8.40.02 “Definitions”,and 8.40.030 “Public Nuisances”and direct to staff revise these sections to include a definition of illegal dumping and set an administrative fine for illegal dumping in the public right of way punishable with a fine of $1,000 per day, as noted in the staff report below. Changes to the Municipal Code will require the revisions to be adopted by a separate ordinance at a future public hearing before the City Council.
Background:
The Solid Waste Environment Enhancement Program (SWEEP) Division was established in an effort to help with the City’sbeautification and recycling efforts by picking up trash and recyclables illegally dumped in the public right-of-way (i.e., alleys, streets, sidewalks, etc.). In most cases, these items are illegally dumped material on the side of the road, trash that has been taken out of cans or dumpsters and left on the ground, or windblown debris that ends up in the public right of way which makes this an eyesore for the community. Illegal dumping degrades the appearance of the community and neighborhoods, and cleaning up this debris is necessary to give Visalia residents assurances that efforts to combat this issue are being applied in a meaningful manner.
Since the SWEEP Team became fully staffed and operational, as of July 1, 2024, they have logged nearly four hundred work orders for removal of illegally dumped material, resulting in over 15 tons of trash being removed from the public right of way and diverted into the appropriate solid waste streams. The items range from miscellaneous trash to appliances, furniture, electronic waste, green waste, and mattresses.
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Given the early success of the SWEEP Team’sefforts to have illegally dumped material removed from the public right of way, staff has researched additional efforts that could be addressed to help deter individuals who illegally dump trash and debris along the city streets. One such effort to help address this issue is to direct staff to amend the Public Nuisances chapter of the Visalia Municipal Code to give the City authority to hold violators of illegal dumping accountable and reduce the overall cost of the SWEEP Team operations.
Potential Amendment Revisions to Chapter 8.40 “Nuisances”:
Currently, Section 8.40.020 “Definitions”of the Visalia Municipal Code (VMC), does not contain a definition and/or define what is “illegal dumping”. To address this omission, staff recommends that “illegal dumping” be defined in this section. A review of other jurisdictions municipal codes and the State Penal Code have provided staff with definition language that could be used to define illegal dumping in the City of Visalia. A definition commonly used states the following:
“That any placing, depositing or dumping, or otherwise causing to be placed, deposited, or dumped, in or upon a public highway or road, including any portion of the right-of-way thereof, into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner any of the following: waste, discarded putrescibles, garbage, rubbish, refuse, recyclable materials, hazardous substances, furniture or surplus material from another property, including home-based litter and refuse and/or business-related refuse, discarded materials, including but not limited to weeds, vegetation, tree trimmings, concrete, asphalt, or dirt”.
Staff recommends that this definition of “illegaldumping”be added to Section 8.40.020 of the Visalia Municipal Code.
In addition, staff concludes that delegating fines for illegal dumping in the public right of way under the current penalty fee as defined under VMC Section 1.12 “General Penalty”, does not pose a significant penalty to deter illegal dumping. Currently, under Section 1.12, the penalty for the first offense is $100 within one year, the second offense is $200 within one year, and the third offense is $500 within one year. Based on staff’sassessment, staff recommends a penalty fine of $1000 per day for confirmed illegal dumping to the violator(s) be adopted.
Under Visalia Municipal Code Section 1.13.050(D) in lieu of the standard administrative penalty an alternative penalty may be established upon recommendation by the department head and approval by the City Council in consideration of factors that include:
1. The seriousness of the violation.
2. The responsible party’s efforts to correct the violation.
3. The injury/damage, if any, suffered by any member of the public.
4. The amount of city staff time which was expended investigating or addressing the violation.
5. The amount of administrative penalties which have been imposed in similar situations.
6. Necessity to mitigate the damage to the community that is caused by a particular violation.
In this instance, the violation is serious, illegal dumping creates visual blight, and is creating a recognized public nuisance, as removal of junk, trash and waste left in areas open to the public is an issue that the City regularly enforces. When someone dumps trash on public property, the responsible party has created the issue by leaving the items in the open and created an issue and Visalia City Council Printed on 10/1/2024Page 2 of 4
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responsible party has created the issue by leaving the items in the open and created an issue and expense for the public because these items need to be removed. Cleaning trash in the public right of way can be compared to staff costs for cleanups of junk and trash on private property, which can result in over $1,000 in staff and contractor costs for large clean-ups if the trash is not removed and the City has to have a private contractor remove the trash. The use of the SWEEP team for removal allows the costs on the City to be slightly less, but the fine represents a comparable amount for clean up. It is noted that this proposed fine would only be charged for illegal dumping that occurs in the public right of way. Private owners are responsible for their own property and illegal dumping can be charged as a misdemeanor or infraction as an enforcement measure. For public property City staff believes that administrative enforcement based on a penalty that represents clean up costs should be an available alternative that could be utilized by code enforcement.
Staff recommends that Section 8.40.030 be amended to include the following:
L. No person shall place, deposit or dump, or otherwise cause to be placed, deposited, or dumped, in or upon a public highway or road, including any portion of the right-of-way thereof, or upon which the public is admitted by easement or license, any of the following: waste, discarded putrescibles, garbage, rubbish, refuse, recyclable materials, hazardous substances, furniture or surplus material from another property, including home-based litter and refuse and/or business-related refuse, discarded materials, including but not limited to weeds, vegetation, tree trimmings, concrete, asphalt, or dirt.
1. Each day that any of these items remain placed, deposited, or dumped, in violation of subdivision (a) may be considered a separate violation. Violations may be charged as a criminal infraction, or alternatively, in its sole discretion, the city may take enforcement action pursuant to the administrative code procedures described in Chapters 1.12 and 1.13 of the Visalia Municipal Code. If the violation is charged as an administrative action, then the penalty for each violation shall be $1,000. City staff may, in lieu of the administrative penalty, accept community service removal of the waste items that have been dumped in the public right of way, such a program for community service in lieu of administrative penalties shall be reviewed and approved by the city manager or designee prior to implementation.
2. This section does not restrict a private owner in the use of their own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department or local fire department.
By defining “illegal dumping” and declaring illegal dumping as a public nuisance, a straightforward approach to enforcement for this public nuisance will be codified to help deter violators while giving the City authority to penalize violators to deter this practice.
Fiscal Impact:
None at this time.
Prior Council Action: N/A
Other: N/A
Alternatives: The City Council may, in lieu of the recommended motion, direct staff to not process Visalia City Council Printed on 10/1/2024Page 3 of 4
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any amendments to Visalia Municipal Code Sections 8.40.020 “Definitions” and 8.40.030 “Public Nuisances”.
Recommended Motion (and Alternative Motions if expected):
I move to direct staff to initiate revisions to Sections 8.40.020 “Definitions” and 8.40.030 “Public Nuisances” as identified in the staff report and return to City Council with a proposed ordinance modification.
Environmental Assessment Status: The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that it would have a significant effect on the environment.
CEQA Review: The requested action is not a “project” under CEQA.
Attachments:
1. Chapter 8.40 “Nuisances”
2. PowerPoint Presentation
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58 Chapter 8.40
NUISANCES
Sections:
8.40.010 Findings and Purpose.
8.40.020 Definitions.
8.40.030 Public nuisances.
8.40.040 Responsibility for property maintenance.
8.40.050 Authority of enforcement officer.
8.40.060 Declaration of nuisance; issuance of administrative enforcement order.
8.40.070 Abatement of public nuisances.
8.40.080 Failure to respond to administrative enforcement order.
8.40.090 Abatement by City.
8.40.100 Summary abatement.
8.40.110 Notice to vacate.
8.40.120 Account and record of cost of abatement.
8.40.130 Notice of report.
8.40.140 Collection on tax roll.
8.40.150 Procedure not exclusive.
8.40.160 Franchise.
8.40.170 Penalties.
8.40.010 Findings and purpose.
A. The city council of the city of Visalia does hereby find that it is necessary to provide for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property or premises, or hazardous or injurious to the health, safety or welfare of the general public in such ways to constitute a nuisance; and to provide standards to safeguard life, health and public welfare in keeping with the character of the city by allowing for the maintenance of property or premises for each of the following purposes:
1. To safeguard the health, safety and welfare of the people maintaining property or premises in good and appropriate condition;
2. To promote a sound and attractive community appearance; and
3. To enhance the economic value of the community, and each area in it, through the regulation of the maintenance of property or premises.
59 B. Accordingly, the City Council finds and declares that the purpose of this Chapter is to:
1. Reduce the threat to health, safety, welfare, and appearance and economic value due to the decline in property condition(s) by lawfully delineating the circumstances under which such condition(s) may be considered illegal and/or abated; and further finds that,
2. Abatement of such condition(s) is in the best interest of the health, safety and welfare of the residents of the City because maximum use and enjoyment of property or premises in proximity to another depends upon maintenance of those properties or premises at or above the minimum standard. (Ord. 2006-16, passed § 2 (part), 2006)
8.40.020 Definitions.
For the purpose of this chapter the terms below shall mean the following:
“Abandoned,” in addition to those provisions provided by state codes, local ordinances and case law, shall mean and refer to any item which has ceased to be used for its designated purpose. The following factors will be considered in determining whether or not an item has been abandoned:
present operability and functional utility, the date of last effective use, the condition of disrepair or damage, the last time effort was made to repair or rehabilitate the item, the status of registration or licensing of the item, the age and degree of obsolescence, the cost of rehabilitation of the item versus its market value, and the nature of the area and the location of the item. “Abate” means to repair, replace, remove, demolish or otherwise remedy the condition in question by such means and in such manner and to such an extent as the Enforcement Officer in his/her judgment shall determine is necessary in the interest of the general health, safety, and welfare of the community. “Abatement standards” means those minimum requirements set forth by the enforcement officer by which premises shall be abated and maintained in order to comply with the provisions of this chapter. “Administrative enforcement order” shall refer to the order issued by an enforcement officer determining that a violation of a municipal code section or other provision as set forth in 1.13.050 has occurred, and establishing the administrative penalty to be assessed, or setting forth the administrative abatement order to be imposed.
“Attractive nuisance” means any condition, instrument or machine which is unsafe, unprotected and may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove hazardous of dangerous to inquisitive minors. “Camping” means the use of either a public park, a private or public street, or a vacant field, or place, none of which are intended for living accommodation purposes, as a temporary or permanent residence. Camping activities may be evidenced by the erecting of tents or any structure providing shelter; (including but not limited to trees, paper, metal, tarps, wood, shrubs, or bushes) sleeping with or without bedding, sleeping bag, blanket, mattress, tent, hammock, or other similar device; making preparations to sleep; storing personal belongings; starting or maintaining a fire; cooking; or preparing meals. Persons utilizing a vehicle as a mobile living unit must abide by Visalia Municipal Code Section
17.32.100.
“Dismantled” means that from which essential equipment, parts or contents have been removed or stripped and the outward appearance verifies removal.
“Enforcement officer” means that City Officer or employee as may be designated in writing by the City Manager to enforce property or premises maintenance, zoning and other City Code violations, as authorized by California Penal Code § 836.5.
“Inoperative” means incapable of functioning or producing activity for mechanical or other reasons. 60 “Lienholder” means any person, as defined in this Chapter, who has a recorded interest in real property, including mortgagee, beneficiary under a deed of trust, or holder of other recorded liens or claims of interest in real property.
“Nuisance” means any public nuisance known at common law or in equity jurisprudence. “Owner” means the registered owner of a vehicle, the person(s) to whom property tax is assessed on real or personal property, as shown on the last equalized assessment roll of the County, renter(s), lessor(s) and other occupants residing permanently or temporarily on property. “Person” means individual, partnership, joint venture, corporation, association, social club, fraternal organization, trust, estate, receiver, or any other entity. “Premises” means all property, lots, parcels or real estate, portion of any land, whether improved or unimproved, occupied or unoccupied, including adjacent or associated sidewalks, parking strips, the abutting half of any street or alley between lot lines, buildings, structures, landscaping, plantings, trees, bushes, fences, and the exterior storage of personal property, equipment, supplies and vehicles. “Property” means any real property including but not limited to land, lot, or parcel of land, and any improvements located thereon, held by any owner, and shall include any alley, sidewalk, parkway or unimproved public easement abutting such real property, lot or parcel of land. “Responsible party” shall refer to any natural person, the parent or legal guardian of any person under the age of eighteen (18) years, trust, estate, receiver, cooperative, partnership, corporation, association, business, joint venture, limited liability company, any government agency that is not statutorily exempt, or any other entity, who has done any act for which an administrative enforcement order may be imposed.
“Structure” means anything constructed, built or planted upon, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which structure requires location on the ground or is attached to something having a location on the ground, including fences, gates, garages, carports, swimming and wading pools, patios, outdoor areas, paved areas, walks, tennis courts and similar recreation areas. “Wrecked” means that which has outward manifestation or appearance of damage to parts and contents which are essential to operation. (Ord. 2009-08, § 2 (part), 2009: Ord. 2006-16, § 2 (part), 2006)
8.40.030 Public nuisances.
It is hereby declared to be a public nuisance and a violation of this Chapter for an owner or other person in control of said property or premises to keep or maintain property, premises or rights-of-way in such a manner that any of the following conditions exist:
A. Abandoned, dismantled, wrecked, inoperable, unlicensed, and discarded objects, equipment or appliances such as, but not limited to vehicles, boats, water heaters, refrigerators, furniture which is not designed for outdoor use, household fixtures, machinery, equipment, cans or containers standing or stored on property or sidewalks or streets which can be viewed from a public street or walkway, alley or other public property which items are readily accessible from such places, or which are stored on private property in violation of any other law or ordinance; B. Discarded putrescibles, garbage, rubbish, refuse, or recycled items which have not been recycled within thirty (30) days of being deposited on the property which are determined by an enforcement officer to constitute a fire hazard or to be detrimental to human life, health or safety; C. Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides or waste (solid, liquid or gaseous) which is determined by a enforcement officer to constitute a fire or environmental hazard, or to be detrimental to human life, health or safety; 61 D. Lumber (excluding lumber for a construction project on the property with a valid permit), salvage materials, including but not limited to auto parts, scrap metals, tires, other materials stored on premises in excess of seventy-two (72) hours and visible from a public street, walkway, alley or other public property;
E. Receptacles for discarded materials and recyclables which are left in the front yard following the day of the regularly scheduled refuse pick-up for the property; F. Swimming pool, pond, spa, or other body of water, or excavation which is abandoned, unattended, unsanitary, empty, which is not securely fenced, or which is determined by the enforcement officer to be detrimental to life, health or safety; G. Any premises which detrimentally impacts the surrounding neighborhood because of dilapidation, deterioration or decay or is unsafe for the purpose for which it is being used or is not secured or is improperly secured;
H. Any premise or property in a condition which is in fact a fire hazard or which results or can result in the impairment of the ability of the department of fire and emergency management to respond to and suppress fires; and,
I. Any condition on a property which meets the following requirements:
1. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life and property; and
2. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
J. Camping in areas not specifically designated for such use or not specifically authorized by a public agency. Camping on private property shall be permissible only in the rear yard of an existing single family residence in a residential zone for a period not to exceed two consecutive days and there is written permission from the property owner.
K. It is hereby declared to be a public nuisance for any person to place, deposit, or permit to be deposited in any unsanitary manner, upon public or private property within the city, or in an area under jurisdiction of said city, any human feces or to urinate in public. Violators of this provision are subject to administrative citation or being punished as authorized by this chapter for maintaining a public nuisance.
(Ord. 2013-12, § 3, 2013: Ord. 2009-08, § 2 (part), 2009: Ord. 2006-16, § 2 (part), 2006)
8.40.040 Responsibility for property maintenance.
The owner, occupant, lessee or tenant of any property within the City shall be responsible for the maintenance or property and premises in a manner consistent with the provisions of this Chapter and the Municipal Code of the City of Visalia. (Ord. 2006-16, § 2 (part), 2006)
8.40.050 Authority of enforcement officer.
Enforcement of this Chapter may be accomplished by the enforcement officer in any manner authorized by this Chapter, the City of Visalia Municipal Code, or by any other law, including but not limited to abatement of the nuisance conditions by the City pursuant to this Chapter, issuance of misdemeanor citation, and all other applicable civil actions and remedies. (Ord. 2006-16, § 2 (part), 2006)
8.40.060 Declaration of public nuisance; issuance of administrative enforcement order. 62 A. Right to inspect. The enforcement officer shall have the right to inspect properties pursuant to this code and other applicable laws. Such inspection shall be performed to secure compliance with or prevent the violation of this code or other uniform codes adopted thereunder. Such inspection may be made in the following circumstances:
1. The enforcement officer may inspect a residential unit upon receiving a complaint regarding public nuisance, substandard building conditions, or the management quality standards as specified in this code, from any person upon the property, who has viewed the property or who has reason to believe that such conditions exist;
2. The enforcement officer may inspect a property which he/she reasonably believes fails to meet the requirements of this code or other uniform codes adopted hereunder;
3. The owner, after failing to abate nuisance(s) as defined in this chapter, shall be subject to required annual inspections for a three year period for the subject property.
B. Reimbursement of inspection costs. Costs of inspections pursuant to this chapter shall be determined pursuant to Section 15.44.100 of this chapter, and unless otherwise provided, shall be paid by the owner of the residential unit. Provided, that costs of inspections initiated by tenant complaint shall be paid by the tenant, unless the enforcement officer determines that the public nuisance or a substandard building exists pursuant to the state housing law justifying the complaint exists, in which case the cost shall be paid by the owner.
C. Management quality standards. The following items shall constitute reasonable basis for the enforcement officer to believe that a property is not being properly managed or maintained. The existence of any of these circumstances shall justify an inspection of the property by the enforcement officer. In addition, violation of these standards may be used as evidence that a public nuisance exists.
1. For an individual residential unit, whether the unit is a standalone residence or part of a multi- family complex, more than six police and/or fire calls over a one year period (other than a medical emergency);
2. For a complex or building containing multiple residential units, more than a monthly average of .20 police and/or fire calls per unit over a six month period (other than a medical emergency);
3. Any violation of this chapter or the continued presence of graffiti for more than a two week period;
4. Any determination by the health officer that a pest vector is present;
5. Any violation of the Uniform Building Code or Uniform Housing Code relating to maximum occupancy or health and safety standards.
D. The administrative enforcement order required pursuant to this section shall contain those elements set forth in Section 1.13.060 (B) of this Municipal Code, and shall be substantially in the following form:
TO THE PROPERTY OWNER:
Property Address:
Property Owner’s Address (if different)
NOTICE IS HEREBY GIVEN, that on the day of , 2 , pursuant to Chapter 8.40 of the Municipal Code of the City of Visalia, an Enforcement Officer of the City of Visalia declares that the following conditions set forth in Chapter 8.40 of said Municipal Code constitute a public nuisance and that such nuisance must be abated by the repair, rehabilitation, demolition or removal of said conditions: [description of conditions constituting a nuisance in violation of this Chapter]. 63 Restructure, repair, or removal of said conditions must be completed and maintained by the day of , 2 , in accordance with the standards of the current codes as adopted by the City of Visalia or other standards as determined by the Enforcement Officer.
Failure to abate said conditions by the date specified above shall result in the City acquiring jurisdiction to abate the conditions at the owner's expense and in addition, an administrative penalty in the amount of _____________ may be incurred.
All property owners who wish to object to the proposed abatement of the conditions cited in this notice are hereby notified that they have the right to request and Administrative hearing before a hearing officer pursuant to the provisions of Chapter 1.13 [Provide contact information]. Sufficient cause must be shown why said conditions should not be abated.
At the time the appeal is filed, an appeal fee is due and payable to the City of Visalia, and a deposit of the administrative penalty must be made, or evidence must be provided that a request for a hardship waiver has been filed with the City of Visalia finance division. All appeals must be made in writing and comply with Section 1.13.080 of the Visalia Municipal Code. If the property owner or responsible party fails to request an appeal before the date specified above, then the administrative order shall become final.
The responsible person or the property owner upon whom this administrative enforcement order has been imposed may seek review of the order pursuant to California Code of Civil Procedure Section 1094.4 and 1094.6. There are no appeals to the Visalia City Council excluding the separate review of the City costs to abate the nuisance, if any. (Ord. 2011-03, § 2, 2011; Ord. 2008-15, § 2, 2008; Ord. 2006-16,§ 2 (part), 2006)
8.40.070 Abatement of public nuisances.
A. If an enforcement officer issues to an administrative enforcement order that includes an abatement order, the owner or responsible party shall abate the nuisance as follows:
1. All premises, buildings, or structures declared to be such public nuisances and ordered to be abated shall be abated by rehabilitation, demolition, removal or repair pursuant to the procedures set forth in this code with the concurrence of the enforcement officer.
2. Any unsafe building declared a public nuisance under this chapter either shall be repaired or rehabilitated in accordance with current codes as adopted by the city, or shall be demolished at the option of the enforcement officer. If the structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of its occupants or the public, it shall be ordered to be vacated.
3. Whenever an enforcement officer shall determine that any conditions constituting a public nuisance as defined in this Chapter exist upon any premises within the city, the enforcement officer may require or provide for the abatement thereof and may make the costs of such abatement a lien on the real property or premises in question pursuant to the procedures set forth in this Chapter and Chapter 1.13 of the Municipal Code of the City of Visalia.
B. When a administrative enforcement order includes an abatement order, the City may choose to abate the public nuisance or violation of the Municipal Code through any of the abatement methods set forth in the Municipal Code or in other local, state or federal law, and nothing contained in this Chapter shall be construed as limiting, prejudicing or adversely affecting the City's ability to concurrently or consecutively use any of those proceedings as the City may deem are applicable.
Proceeding under this Section will not preclude the City from proceeding under other Sections of this Chapter. (Ord. 2006-16, § 2 (part), 2006)
8.40.080 Failure to respond to administrative enforcement order. 64 A. Owners and responsible parties who have failed to respond and abate a nuisance after issuance of an administrative enforcement order, and who have failed to appeal such determination as provided for in this Chapter and Chapter 1.13 of the Municipal Code, are conclusively deemed guilty of violating this Chapter and the administrative enforcement order shall become final and all appeal rights shall be deemed waived. Owners and responsible parties who have failed to respond and abate a nuisance after issuance of an administrative enforcement order, and who have failed to appeal such determination and may be assessed administrative penalties pursuant to the provisions of Chapter
1.13 and may be issued a citation for an infraction or a misdemeanor pursuant to Section 8.40.170.
B. Owners who through their inaction have caused the City to have their nuisance abated as set forth in Section 8.40.090 or 8.40.100 shall be assessed those costs incurred for such abatement. The cost of abating such nuisance shall also include a per parcel charge to cover the costs of administering this chapter. Collection of all costs assessed pursuant to this Section shall be made as provided for in this Chapter and Chapter 1.13 of the Municipal Code.
C. Any property owner, or other responsible person, who after notification by the enforcement officer, fails to abate a condition as set forth in this Chapter shall become liable for the expenses of fire suppression, including injury to firefighters which is determined to have been caused by or attributed to conditions for which the City has issued an administrative enforcement order. Such expenses shall become a lien on the property as provided for in this Chapter.
D. The failure of any owner or other person to receive the administrative enforcement order notice shall not affect the enforcement of this Chapter. (Ord. 2006-16, § 2 (part), 2006)
8.40.090 Abatement by City.
A. Upon the expiration of the time period set forth in the administrative enforcement order, the City shall acquire jurisdiction to abate any such condition constituting a nuisance pursuant to this Chapter which has not been abated by the owner of the property or premises in question or which has been confirmed to constitute a nuisance in the course of the administrative hearing process set forth in Chapter 1.13 of the Municipal Code.
B. Whenever the City has acquired jurisdiction to abate such a nuisance, the enforcement officer or his/her designee is authorized to enter upon private property for purposes of abating such conditions if:
1. The enforcement officer obtains written consent from the owner to enter the property or premises to abate the nuisance; or
2. The enforcement officer and/or his authorized representative is able to enter the property or premises and abate the nuisance without invading any of owner's constitutionally protected privacy interests; or
3. The enforcement officer obtains an abatement warrant from a court of competent jurisdiction.
C. The cost for abatement of a nuisance by the City shall be charged to the owner as set forth in this Chapter. Any owner shall have the right to abate said condition, or have the same abated at their ownexpense; provided, such condition has been abated prior to the arrival of the enforcement officer or his/her authorized representative. (Ord. 2006-16, § 2 (part), 2006)
8.40.100 Summary abatement.
A. The City may immediately abate any nuisance or violation of this Chapter that poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of, life, health, property, or essential public services. The City may perform this abatement without providing prior notice or hearing to the owner or occupier of the offending premises. Such summary abatement may proceed only upon the authorization of the City Manager and the City Attorney, or their respective 65 designees. The abatement shall include all actions necessary to secure the premises to prevent further occurrences of the nuisance.
B. The owner and/or occupier of the premises or the persons creating, causing, committing, or maintaining the nuisance shall be subject to any administrative fines, penalties, fees and costs, including reasonable attorney fees, imposed or incurred by the City pursuant to this Chapter.
C. Any abatement performed by the City pursuant to this section shall be at the expense of the owner and/or occupier of the premises or the persons creating, causing, allowing, permitting, committing, or maintaining the nuisance. The City shall recover its expenses pursuant any of the methods set forth in VMC Section 1.13.110.
D. As soon as practicable following completion of the abatement, the enforcement officer and the community development director shall issue an administrative enforcement order in accordance with this Chapter. Persons receiving such an order shall be entitled to all hearing rights as provided herein. (Ord. 2006-16, § 2 (part), 2006)
8.40.110 Notice to vacate.
A. Any structure determined to be a public nuisance by the Enforcement Officer under this Chapter and found to be in such a condition as to make it immediately dangerous to the life, limb, property, or safety of the public or its occupants shall be ordered to be vacated. A notice to vacate in addition to being served a Notice to Abate in accordance with Section 8.40.070, shall be posted or affixed upon each exit of the structure and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice Fire and Emergency Management
City of Visalia
B. No person shall remain in or enter any structure which has been so posted, except that entry may be made to repair, demolish or remove such structure under permit. (Ord. 2006-16, passed § 2 (part), 2006)
8.40.120 Account and record of cost of abatement.
The enforcement officer shall keep an account of the cost of abating such nuisance and shall embody such account in the report and assessment list which shall be filed with the city clerk and presented to the city council. The allowable cost of abating such nuisance shall include a charge sufficient to cover the costs of administering this Chapter. The report and assessment list shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the charge proposed to be assessed against each such separate lot or parcel. (Ord. 2006-16, passed § 2 (part), 2006)
8.40.130 Notice of report.
The city clerk shall post a copy of such report and assessment list 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. Said notice shall advise owners that they may appear at the time and place of the city council hearing and object to any matter related thereto. A like notice shall also be served on each and every owner and/or other responsible person who owns or has control of any lot or parcel listed on said report in accordance with Article 3 (commencing with Section 415.10) of 66 Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Tulare County. (Ord. 2006-16, passed § 2 (part), 2006)
8.40.140 Collection on tax roll.
After confirmation of the report and assessment list by the city council, a copy of the report shall be provided to the city finance officer and payments may be received by him/her for the amount due until such time as the matter is referred to the county auditor for placement on the tax rolls. On or before the 10th day of August of each year, a certified copy of the confirmed 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 current assessment roll. The assessments may be collected on the tax 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 are made applicable to such special assessments, and the lien of said assessment shall have priority of the taxes with which it is collected. (Ord. 2006-16, passed § 2 (part), 2006)
8.40.150 Procedure not exclusive.
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 any of the conditions described herein, and abatement hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition. (Ord. 2006-16, passed § 2 (part), 2006)
8.40.160 Franchise.
When the enforcement officer has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to abate the condition constituting a public nuisance pursuant to this Chapter. (Ord. 2006-16, passed § 2 (part), 2006)
8.40.170 Penalties.
It is unlawful and a misdemeanor to maintain property or premises conducive to creating a public nuisance in violation of this chapter or to refuse to abate such nuisance when ordered to do so by the enforcement officer in accordance with the abatement provisions of this chapter or state law where such is applicable. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.
A. Any person convicted of a misdemeanor under this chapter shall be punished by: (1) a fine not to exceed five hundred dollars ($500.00) and/or thirty (30) days in the county jail for a first violation; (2) a fine not exceeding one thousand dollars ($1,000.00) and/or ninety (90) days in the county jail for a second violation of this chapter within one year; and (3) a fine not exceeding two thousand five hundred dollars ($2,500.00) and/or six months in the county jail for each additional violation of this chapter within one year.
B. Any person convicted of an infraction under this chapter shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation of this article within one year; and (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year. 67 C. Each day that a violation continues shall be regarded as a new and separate offense. (Ord. 2006-16, passed § 2 (part), 2006)
68 ILLEGAL
DUMPING
A PUBLIC
NUISANCE
69 • Increased illegal dumping of
trash & debris throughout
community has created a need
for the City to adapt and
respond.
• When not addressed, it
degrades the appearance of our
community’s image.
• Given this ongoing issue, the
City continues to seek ways to
deter individuals from illegally
dumping.
OVERVIEW
70 • S.W.E.E.P Program was created
to help address removal of trash
from public R.O.W.
• Over 15 tons of trash/debris has
been collected since July 2024.
• Staff continues to seek
additional measures to address
illegal dumping.
OVERVIEW
71 • One effort to address this issue
is to amend portions of Chapter
8.40 “Nuisances”.
• A definition of “illegal dumping”
needs to be codified in Section
8.40.020.
• Definition as noted in report is
commonly used in other
jurisdictions ordinances.
PROPOSED
CONSIDERATION
S
72 • Additional amendment to this
section is to establish a fine for
illegal dumping.
• Penalty fee is currently
assessed per the “General
Penalty” under Section 1.12.
• Staff recommends a fine of
$1,000 be established.
• This can be accomplished under
Section 1.13.050(D) of the
municipal code.
PROPOSED
CONSIDERATION
S
73 • Alternative penalty can be established,
subject to recommendation by Dept. Head &
approval by Council.
• Factors that warrant penalty include:
• Seriousness of violation,
• Responsible party’s effort to correct violation
• Injury/Damage
• Amount of City staff time used to investigate
• Amount of Admin. penalties imposed on similar
occurrences.
• Necessity to mitigate the damage.
PROPOSED
CONSIDERATION
S
74 • Illegal dumping is a serious
violation.
• Creates visual blight & becomes a
public nuisance.
• Staff believes enforcement of the
increased penalty represents
clean up costs that should be an
available alternative utilized by
Code Enforcement.
CONCLUSION
75 Questions
76 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0397 Agenda Date: 10/7/2024 Agenda #: 1.
Agenda Item Wording:
Recognition of South Valley United Boys 07 - National Premier League National Champions Visalia City Council Printed on 9/27/2024Page 1 of 1
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77 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0393 Agenda Date: 10/7/2024 Agenda #: 1.
Agenda Item Wording:
Authorization to read ordinances by title only.
Visalia City Council Printed on 9/27/2024Page 1 of 1
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78 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0023 Agenda Date: 10/7/2024 Agenda #: 2.
Agenda Item Wording:
Notice of Completion for Subdivision - Request authorization to file a notice of completion for Candelas II subdivision containing 59 single-family residential lots located southwest of Tulare Avenue and Vista Street.
Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Luqman Ragabi, Associate Engineer, [email protected] <mailto:[email protected]> , (599) 713-4362
Jason Huckleberry, Director of Eng & Building Dept, [email protected] < mailto:[email protected]>, (559) 713-4495
Department Recommendation:
Staff recommends that City Council authorize the filing of a Notice of Completion for Candelas II subdivision.
Background Discussion:
All of the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer. Candelas II subdivision was developed by Lennar Homes of California and contains 59 single family residential lots.
City Council authorized the recording of the final map for Candelas II subdivision on February 22, 2022. All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time. As required by the subdivision ordinance, a maintenance bond in the amount of $148,383.69 (10% of the cost of the public improvements) has been submitted prior to recording of the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement.
Fiscal Impact:
By authorizing this Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.
Prior Council Action: On February 22, 2022, the City Council authorized the recordation of the final map for Candelas II subdivision.
Visalia City Council Printed on 9/30/2024Page 1 of 2
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79 File #: 24-0023 Agenda Date: 10/7/2024 Agenda #: 2.
Other: None
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
I move to authorize the filing of the Notice of Completion for Candelas II subdivision.
Environmental Assessment Status: Complete and filed
CEQA Review: Environmental Impact Report resolution No. 2014-37, adopted October 14, 2014 CEQA initial Study No. 2017-17
Attachments:
Aerial Map
Final Map
Development Disclosure
Visalia City Council Printed on 9/30/2024Page 2 of 2
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80 PACKWOOD
EVANS
TULARE IRRI. DIST.
LOCATION MAP
Subject Property
O
City Limit
S McAULIFF ST
E COLLEGE AVE
E TULARE AVE
E WALNUT AVE
S LOVERS LANE
E CHERRY AVE
PACKWOOD CREEK
S VISTA ST
81 82
83 84
85 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0093 Agenda Date: 10/7/2024 Agenda #: 3.
Agenda Item Wording:
Authorization to Accept the OTS STEP Grant - Authorize the Visalia Police Department to accept the Selective Traffic Enforcement Program (STEP) FY 2024-25 Grant in the amount of $200,000 awarded by the California Office of Traffic Safety (OTS), appropriate $50,000 from the General Fund and authorize the Chief of Police to execute the Grant Agreement.
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]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]>; Lieutenant Celeste Sanchez, ext. 4573, [email protected] < mailto:[email protected]>;
Sergeant Henry Martinez, ext. 4232, [email protected] <mailto:[email protected]> Department Recommendation:
Authorize the Visalia Police Department to accept the Selective Traffic Enforcement Program (STEP) FY 2024-25 Grant in the amount of $200,000 awarded by the California Office of Traffic Safety (OTS), appropriate $50,000 from the General Fund and authorize the Chief of Police to execute the Grant Agreement. The Grant is effective 10/1/2024 - 9/30/2025.
Summary:
The Visalia Police Department has been awarded the STEP Grant for more than 10 years and has used the funds to enhance its traffic enforcement and educational efforts including, but not limited to:
Driving Under the Influence (DUI) checkpoints and saturation patrols, distracted driver, motorcycle safety, pedestrian/bicycle enforcement operations, and several traffic educational presentations. The grant has also funded equipment and provided the resources necessary to effectively complete DUI enforcement details.
Background Discussion:
With various strategies, DUI enforcement is aggressively targeted through checkpoints, saturation details, traffic enforcement, distracted driver, motorcycle details and traffic safety education. The STEP Grant is dedicated to reducing the number of alcohol-related collisions, increase the number of DUI enforcement efforts, and raise public awareness regarding the dangers and consequences associated with drinking and driving. Operations are conducted in areas with disproportionate numbers of alcohol related traffic collisions.
In the 2020-21 Grant year, the Visalia Police Department recorded a total of 64 injuries from alcohol- Visalia City Council Printed on 9/30/2024Page 1 of 2
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86 File #: 24-0093 Agenda Date: 10/7/2024 Agenda #: 3.
related traffic collisions. In the subsequent 2021-22 Grant year, this number declined to 30 and in the 2022-23 Grant year there was an increase, with 42 injuries and two alcohol-related fatal traffic collisions.
For the 2023-24 Grant year, there were 56 injuries and 4 fatalities from alcohol related collisions.
Compared to the 2022-23 Grant year, the Department saw a 33% increase in people injured from alcohol related collisions and a 100% increase in alcohol related fatal collisions.
For the 2024-25 Grant year, the STEP Grant will provide the Visalia Police Department funding for six DUI/DL Checkpoints, 13 DUI Saturation Details, 10 Traffic Enforcement Operations, four Distracted Driving Operations, four Motorcycle Safety Operations, three Pedestrian and Bicycle Enforcement Operations, one Traffic Safety Presentation, two Collaborative DUI Enforcement Operations, and two Collaborative Traffic Enforcement Operations. The Department also received funding for DUI Checkpoint Supplies and 10 mobile ticket printers for printing electronic citations during traffic stops.
The collaborative DUI and Traffic Enforcement operations are to be worked with surrounding law enforcement agencies that receive funding from the Office of Traffic Safety. Collaborative efforts include agencies conducting coordinated enforcement details in their respective jurisdictions for a multi-agency or county wide enforcement.
The City of Visalia has seen a steady increase in the number of drivers and vehicles traveling within the city. This Grant will provide additional resources to aid the Department in enhancing enforcement and educational efforts to provide safer roadways.
Fiscal Impact:
The STEP Grant is budgeted annually and currently has a budget of $150,000 in the Traffic Division 2103. An additional $50,000 in appropriations is required. The General Fund will be reimbursed by the Grant.
Prior Council Action: N/A
Other: N/A
Alternatives: Not to authorize the Visalia Police Department to submit the STEP Grant application.
Recommended Motion (and Alternative Motions if expected):
Authorize the Visalia Police Department to accept the Selective Traffic Enforcement Program (STEP) FY 2024-25 Grant in the amount of $200,000 awarded by the California Office of Traffic Safety (OTS), appropriate $50,000 from the General Fund and authorize the Chief of Police to execute the Grant Agreement.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Draft Grant Agreement.
Visalia City Council Printed on 9/30/2024Page 2 of 2
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87 9/20/2024 10:58:24 AM Page 1 of 18
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT25122
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Visalia From:
To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Visalia Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $200,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Henry Martinez
Sergeant
(559) 713-4232
303 S Johnson
Visalia, CA 93291
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jason Salazar
Chief of Police
(559) 713-4215
303 S. Johnson Street
Visalia, CA 93291
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Liz Ybarra
Financial Analyst
559-713-4250
303 S. Johnson Street
Visalia, CA 93291
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
88 9/20/2024 10:58:24 AM Page 2 of 18
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $200,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$200,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $200,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
FTWNLMJ88VN6
303 S Johnson St
Visalia
93291-6135
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
89 9/20/2024 10:58:24 AM Page 3 of 18
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT25122
1. PROBLEM STATEMENT
Visalia, the county seat of Tulare County, California, is a growing city with over 143,000 residents. It functions as the regional hub for Tulare and Kings counties, boasting a diversified economy with a strong emphasis on agriculture, food processing/distribution, light manufacturing, and industrial/commercial distribution. Some distribution centers that call Visalia home include JoAnn Stores, VF Corporation, Josten’s, VWR, Amazon, UPS, and California Dairies. The city is also a major retail destination with a trade area serving over 630,000 consumers. Visalia's industrial and retail sectors employ thousands from the city and surrounding regions. Its daytime population swells to approximately 160,000 due to its workforce and retail draw. Visalia is also the largest retail destination between Fresno and Bakersfield with a “trade area” of over 630,000 consumers.
The Visalia Police Department (PD) is a full-service organization employing 165 sworn officers in addition to civilian support staff. As with many departments, ours is experiencing difficulties with recruitment and retention, however we are making gains and continue to explore innovative ways to solve workforce challenges. Aside from the Patrol Division, the Visalia Police Department has a variety of specialized units to better serve the community. Some of the specialty units include the Traffic Unit, Special Enforcement Unit, Youth Services, Violent Crimes, Property Crimes, Narcotics, SWAT, Crime Lab, Unmanned Ariel Vehicle, and Crisis Negotiation team. Our Citizen Volunteer program, VIP’s, has returned to full capacity since COVID and supplements the police department. The Department has an overwhelmingly positive relationship with the community we serve, and traffic safety concerns always rank very high for the citizens of Visalia.
In recent years, Visalia has experienced a significant increase in traffic-related incidents. In 2023, the Visalia Police Department responded to 1,050 traffic crashes, a troubling figure highlighting the city's road safety challenges. Key statistics from 2023 include 68 crashes involving pedestrians, 44 involving bicycles, 9 involving motorcycles, and 132 DUI-related crashes. Fatalities resulting from these crashes have alarmingly doubled from 2022 to 2023, with a 100% increase in fatal crashes (rising from 7 to 14). DUIs constitute 36% of these fatal incidents. The data also revealed that the majority of crashes (92%) and injury crashes (95%) occur between 7 AM and 2AM, indicating specific high risk time periods.
The primary target population for this grant includes all road users in Visalia- motorists, motorcyclists, bicyclist, and pedestrians. This group is directly impacted by the traffic safety issues plaguing the city, as evidenced by the rising number of traffic incidents and fatalities. Of the 14 fatal crashes in 2023, 5 involved pedestrians, 2 involved motorcyclists, and the remaining were motorists, 5 of which involved impairment.
The increase in traffic crashes and fatalities particularly affects the economically active population, who rely on these roads for daily commutes and accessing city services and amenities. The safety of this demographic is crucial for maintaining the economic vitality and quality of life in Visalia.
The Visalia PD looks to reduce traffic fatalities and improve road safety in Visalia. Strategies will include targeted enforcement operations focusing on primary crash factors such as speed, DUI, red light violations, and failure to maintain lane discipline. In addition, we aim to conduct operations aimed to educate motorists, enforce distracted driving violations, and other violations that impact pedestrians, bicyclists, motorists, and motorcyclists. The Visalia PD aims to enhance traffic law enforcement, provide additional training for officers, and engage in public education campaigns. The departments efforts will be amplified through continued partnerships with the Office of Traffic Safety and the National Highway Traffic Safety Administration, utilizing their resources and expertise to effectively address the identified problems and safeguard the community.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes. 90 9/20/2024 10:58:24 AM Page 4 of 18
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 5 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 5 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 8. Conduct DUI Saturation Patrol operation(s). 13
9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
10 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
4 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 4 91
9/20/2024 10:58:24 AM Page 5 of 18
12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 3 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Participate in highly visible collaborative DUI Enforcement operations. 2
15. Participate in highly visible collaborative Traffic Enforcement operations. 2
16. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 17. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter. All grant related purchases needed to implement the program should be made in the first quarter. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements:
Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff 92 9/20/2024 10:58:24 AM Page 6 of 18
press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. 93 9/20/2024 10:58:24 AM Page 7 of 18
Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT25122
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$120,000.00
402PT-25 20.600 State and Community Highway
Safety
$80,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $5,700.00 6 $34,200.00
DUI Saturation Patrols 164AL-25 $4,700.00 13 $61,100.00 Collaborative DUI Enforcement 164AL-25 $7,200.00 2 $14,400.00 Benefits- Alcohol 164AL-25 $109,700.00 1 $6,736.00
Traffic Enforcement 402PT-25 $2,275.00 10 $22,750.00
Distracted Driving 402PT-25 $2,275.00 4 $9,100.00
Motorcycle Safety 402PT-25 $2,200.00 4 $8,800.00
Pedestrian and Bicycle Enforcement 402PT-25 $2,275.00 3 $6,825.00 Street Racing and Sideshow Enforcement
Operations
402PT-25 $4,750.00 1 $4,750.00
Collaborative Traffic Enforcement 402PT-25 $2,275.00 2 $4,550.00 Traffic Safety Educational Presentations 402PT-25 $1,250.00 2 $2,500.00 Benefits- Traffic 402PT-25 $59,275.00 1 $3,639.00
Category Sub-Total $179,350.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $5,086.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $3,564.00 1 $3,564.00
Mobile Printer 402PT-25 $1,200.00 10 $12,000.00
Category Sub-Total $15,564.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
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GRANT TOTAL $200,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT25122
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits- Alcohol - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
Benefits Breakdown:
Worker's Compensation 4.69%
Medicare 1.45%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.
Benefits- Traffic - Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.
Benefits Breakdown:
Worker's Compensation 4.69%
Medicare 1.45%
TRAVEL EXPENSES
In-State -
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
Mobile Printer - Mobile printers to be used with electronic citation devices for traffic officers to print the citation in the field. Costs include the purchase of the printer, accessories, and associated shipping and taxes.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
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There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT25122
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but ar e not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with resp ect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Sta t. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 100
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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a t imely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other partici pants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 101
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 102
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —
PRIMARY TIER COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or 103
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials wil l increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secr etary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the in terests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0304 Agenda Date: 10/7/2024 Agenda #: 4.
Agenda Item Wording:
Adoption of Resolution 2024-43 - Adopt Resolution 2024-23, the required biennial update of the list of City of Visalia designated employees and classifications for the purpose of compliance with Chapter 2.08 of the Ordinance Code of the City of Visalia specifying conflict of interest regulations. (Resolution 2024-23 required)
Deadline for Action: 10/7/2024
Submitting Department: Administration
Contact Name and Phone Number: Jennifer Gomez, Chief Deputy City Clerk, 713-4053 Department Recommendation:
It is recommended that the Visalia City Council adopt Resolution 2024-43, the regularly scheduled biennial update of the list of designated employees who are responsible for significant amounts of purchasing or are primary decision-makers regarding purchasing. This list notes the people in the organization who will be required to complete conflict of interest reports detailing specific sources of income, gifts, and other sources of income.
Background Discussion:
The Fair Political Practices Commission (FPPC) has regulations regarding the establishment and maintenance of conflict-of-interest codes. Resolution 2024-43 reflects the changes that have occurred to the positions and position titles over the past two years. The City’s conflict of interest code ordinance complies with the requirements of state laws and provides for the periodic update of the list of designated employees by Council resolution.
The action before the Council tonight is the regular biennial update. The attached resolution reflects the positions that are currently in the City of Visalia organization, as well as adding/deleting titles because of changes in assigned responsibilities. In addition, some employees may now have greater purchasing authority and responsibility. Conflict of interest codes focus on those people in an organization who are responsible for significant amounts of purchasing or are the primary decision- makers regarding purchasing. These responsibilities exist at different levels in the various departments/divisions and therefore the resolution must be specific down to the level of the individual title, rather than the class (supervisor, manager, etc.) of the employees.
The City Clerk’s office coordinates the filing of FPPC statements and communicates to the employees on this list what is required of them. Members of the City Council and the primary appointed City officials (such as the City Manager and Chief Financial Officer) are covered by other sections of FPPC regulations and are included in the resolution for informational purposes only.
Actual reporting is an individual responsibility of each affected employee.
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File #: 24-0304 Agenda Date: 10/7/2024 Agenda #: 4.
Fiscal Impact:
None.
Prior Council Action: Council adopted the previous conflict of interest code in December 2022.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
I move to adopt Resolution 2024-43, the required biennial update of the list of City of Visalia designated employees and classifications for the purpose of compliance with Chapter 2.08 of the Ordinance Code of the City of Visalia specifying conflict of interest regulations.
Attachments: Resolution 2024-43
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RESOLUTION 2024-43
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF VISALIA FOR THE PURPOSES OF COMPLIANCE WITH CHAPTER 2.08 OF THE ORDINANCE CODE OF
THE CITY OF VISALIA SPECIFYING CONFLICT OF INTEREST REGULATIONS
WHEREAS, the City of Visalia has adopted Chapter 2.08, Section 2.08.10 of the Visalia Municipal Code, which provides for a conflict-of-interest code pursuant to the Political Reform Act (Government Code Section 81000, et seq.); and
WHEREAS the City must designate those positions within the organization that shall be deemed Designated Employees and must further specify disclosure categories for each position listed.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia hereby establishes the following revised list of Designated Employees and Disclosure Categories:
DESIGNATED EMPLOYEE POSITIONS AND DISCLOSURE CATEGORIES
Department
Classification Employee Disclosure
Category
All Consultants 1 * see footnote
Administration Airport Manager Miller 2
Assistant City Manager Lollis 1
Chief Deputy City Clerk Gomez 2
Convention Center Manager Reynosa 2
Transit Manager DeRossett 2
Administrative
Services
Department
Administrative Services Director Vacant 1
Community Relations Manager Mackey 2
Human Resources Manager Davis 2
Insurance and Benefits Manager Guzman 2
Management Analyst Zimmerman 2
Planning &
Community
Preservation
Department
Associate Planner Carrillo 2
Community Development
Director
Bernal 1
Economic Development Manager Jones 2
Neighborhood Preservation
Manager
Robertshaw 2
Principal Planner Smith
Senior Planner Dan 2
Engineering & Building Director Huckleberry 1
City Engineer Crawford 2
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Engineering &
Building
Department
Senior Civil Engineer Bons, Blair, Keenan,
Corvera
2 Finance and
Technology
Services
Finance Manager Montgomery 2
Assistant Finance Director Murch 2
Financial Analyst Pena, Williams,
Swearingen, Ybarra,
Quevedo, Verduzco
2 Housing Specialist Perez 2
Information Services Manager Howison 2
Management Analyst Forrester 2
Information Services Supervisor Kootstra, Salazar 2
Fire
Department
Fire Battalion Chief Hughes, Wristen,
Vacant, Van Grouw
2 Fire Chief Griswold 1
Fire Marshal Reed 2
EMS Coordinator Munger 2
Parks &
Recreation
Department
Parks & Recreation Director
Glick
1 Facilities Maintenance
Superintendent
MacLennan 2
Recreation Manager Roggenkamp 2
Parks & Facilities Manager
Dias
2 Parks & Urban Forestry
Supervisor
Huff 2
Park Maintenance Supervisor Tillman 2
Recreation Supervisor Ferreira, Ellis 2
Animal Services Manager Harrington 2
Police
Department
Police Captain Fahoum, Swarthout,
Ford
2 Police Chief Salazar 1
Police Lieutenant Dominguez, Hughes,
Whaley, Short,
Kroeze, Sanchez,
Verissimo
2 Police Specialist Valencia 2
Police Support Services Manager Davis 2
Public Works Fleet Supervisor Ellis 2
Public Works Director Bartsch 1
Public Works Manager (Solid
Waste)
Serpa 2
Public Works Manager (Streets) Galindo 2
Public Works Manager
(Wastewater – WRF and Sewer
Collections)
Litwack 2
WWTP Maintenance Supervisor
Oates 2
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WWTP Superintendent
Vacant
2 Project Manager Cayle 2
Solid Waste Supervisor Wood, Zuniga,
Guzman
2 * Consultants shall be included in the list of designated positions and shall disclose pursuant to the disclosure requirements in this code subject to the following limitations:
The City Manager or designee may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and based upon that description, a statement of the extent of disclosure requirements.
The City Manager or designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code.
DISCLOSURE CATEGORIES
Disclosure Category 1:
Designated employees assigned this category must report:
a) Interests in real property which are located in whole or in part:
1. within the boundaries of the City of Visalia,
2. within two miles of the boundaries of the City of Visalia, or
3. within two miles of any land owned or used by the City of Visalia, including any leasehold, beneficial or ownership interest or option to acquire such interest in real property.
b) Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources which engage in the acquisition or disposal of real property within the jurisdiction.
c) Investments and business positions in business entities and income, including loans, gifts, and travel payments, from sources which:
1. are contractors or subcontractors engaged in the performance of work or services of the type utilized by the City of Visalia, or
2. manufacture, sell, or provide, supplies, materials, books, machinery, services, or equipment of the type utilized by the City of Visalia.
Disclosure Category 2:
Designated employees assigned this category must report:
a) Investments and business positions in business entities; and
b) Income including loans, gifts, and travel payments, from sources which manufacture, sell, or provide supplies, materials, books, machinery, services, or equipment of the type utilized by the employee’s department or the City of Visalia. 110
Public Officials Who Manage Public Investments
The following positions are not covered by this conflict-of-interest code because the individuals holding these positions must file under Government Code Section 87200.
These positions are listed for informational purposes only:
Mayor/Council Members
Finance Director
City Attorney
City Manager
Planning Commissioners
Consultants (those involved in the investment of public funds)
An individual holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Government Code Section 87200.
This resolution shall become effective immediately and shall supersede any previous resolution establishing such designated employees and disclosure categories.
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 2024-43 passed and adopted by the Council of the City of Visalia at a regular meeting held on October 7, 2024.
Dated: October 8, 2024 LESLIE B. CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0375 Agenda Date: 10/7/2024 Agenda #: 5.
Agenda Item Wording:
Record Final Map for Sycamore Heights Subdivision - Request authorization to record the final map for Sycamore Heights subdivision, located at the northeast corner of Ferguson Avenue and Akers Street; and request authorization for the formation of Landscape and Lighting Assessment District No. 24-03 and order the improvements and levying the annual assessments. Resolution Nos. 24-57 and 24-58 required.
Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Sarah MacLennan, Assistant Engineer, [email protected], (559)713-4622 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Eng & Bldg Director, [email protected], (559)713-4495 Department Recommendation:
Staff recommends that City Council authorize the recordation of the final map for Sycamore Heights subdivision, located at the northeast corner of Ferguson Avenue and Akers Street; and, authorize the City Manager to execute the Subdivision Improvement Agreement Also, recommend that City Council authorize the formation of Landscape and Lighting Assessment District No. 24-03 and order the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 24-03 “Sycamore Heights” (Resolution Nos. 24-57 and 24-58).
Summary:
The final map for Sycamore Heights subdivision will be subdividing a 24.75-acre site into a 91-lot single family subdivision with four (4) outlots; Lot A, B, C, and D. The outlots are the landscape lots along Ferguson Avenue and Akers Street frontage to be dedicated to the Landscape and Lighting District. Besides public streets, the subdivision will also extend sewer lines, storm drainage, and other public infrastructure, utilities, and services (i.e., electricity, gas, and water) to serve the residential subdivision.
The final map is ready for recording. All bonds, cash payments, subdivision improvement agreement, and final map have been submitted by the developer, San Joaquin Valley Homes, as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $3,348,319.90, and a Labor and Materials Bond in the amount of $1,674,159.95; 3) cash payment of $641,296.15distributed to various accounts to cover City fees; and 4) Final map. All required items have been submitted and approved by the City prior to the final map being executed and recorded.
The Landscape and Lighting Assessment District No. 24-03 has also been reviewed and approved to Visalia City Council Printed on 10/1/2024Page 1 of 3
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File #: 24-0375 Agenda Date: 10/7/2024 Agenda #: 5.
The Landscape and Lighting Assessment District No. 24-03 has also been reviewed and approved to form by the Landscape and Lighting District Committee. All new landscaping installed within the Out Lots, pocket park, and parkways for this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e., a Landscape Architect) as meeting the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree species, and by limiting the portion of landscape that can be covered in turf.
Background Discussion:
The Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Materials Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Materials Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of public improvements will be required prior to recording the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.
Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final map is a ministerial action. Section 16.24.080 of the Subdivision Ordinance limits the City Council’s action to the specific determination that the final map substantially conforms to the contents of the tentative map, and the California Subdivision Map Act states that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.”Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject all offers of dedication on the final map pursuant to Section 16.24.080 of the Subdivision Ordinance and require that the City Engineer so indicate on the final map; however, staff’s recommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.
Fiscal Impact:
91 lots will contribute to Landscape and Lighting Assessment District No. 24-03 created for the maintenance of common features related to this subdivision (e.g., Sycamore Heights). These common features include, but are not limited to, pavement on local streets, block walls, streetlights, and landscaping and irrigation within and along the outlots and pocket park. The annual assessment for each lot is $827.05.
Prior Council Action: None
Other:
· On April 27, 2021, the tentative subdivision map for Sycamore Heights subdivision (TSM No. 5577) was approved by the Planning Commission.
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File #: 24-0375 Agenda Date: 10/7/2024 Agenda #: 5.
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):
I move to authorize the recordation of the final map for Sycamore Heights subdivision , located at the northeast corner of Ferguson Avenue and Akers Street; and authorize the City Manager to execute the associated subdivision improvement agreement. Move to authorize the formation of Landscape and Lighting Assessment District No. 24-03 and order the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 24-03 “Sycamore Heights.” (Resolution Nos. 24-57 and 24-58).
Environmental Assessment Status: Negative Declaration No. 2021-02 CEQA Review: Negative Declaration No. 2021-02
Attachments:
1. Resolution Initiating Proceedings for Assessment District No. 24-03
2. Resolution Ordering the Improvements for Assessment District No. 24-03
3. Aerial Map
4. Final Map
5. Development Disclosure
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RESOLUTION NO. 2024-57
RESOLUTION INITIATING PROCEEDINGS
FOR ASSESSMENT DISTRICT NO. 24-03
Sycamore Heights
(Pursuant to Landscape and Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The City Council proposes to form an assessment district pursuant to the Landscaping & Lighting Act of 1972 (Section 22500 and following, Streets & Highways Code) for the purpose of the following improvements:
Maintenance of street trees, landscaping, local streets, streetlights, block walls, and any other applicable equipment or improvements.
2. The proposed district shall be designated “Assessment District No. 24-03, City of Visalia, Tulare County, California,” and shall include the land shown on the map designated “Assessment Diagram, Assessment District No. 24-03, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “Sycamore Heights”.
3. The City Engineer of the City of Visalia is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the Engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972.
PASSED AND ADOPTED: 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 2024-57 passed and adopted by the Council of the City of Visalia at a regular meeting held on October 7, 2024.
Dated: , 2024 LESLIE B. CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
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CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 24-03
Sycamore Heights
(Pursuant to Landscaping & Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:
I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 24-03, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on October 7, 2024 by its Resolution No. 2024-57.
This document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code.
Dated: , 2024 LESLIE B. CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
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RESOLUTION NO. 2024-58
RESOLUTION ORDERING THE IMPROVEMENTS FOR
ASSESSMENT DISTRICT NO. 24-03
Sycamore Heights
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 24-03, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed formation.
2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.
3. The owners of all land within the boundaries of the proposed landscape and lighting district have filed their consent to the formation of the proposed district, and to the adoption of the Engineer’s Report and the levy of the assessments stated therein.
4. The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and in the Engineer’s Report.
5. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2024/25.
6. The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:
a. Clerk’s Certification to County Auditor
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d. Engineer’s Report:
Exhibit A - Assessment Diagram showing all parcels of real property within the Assessment District
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
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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 2024-58 passed and adopted by the Council of the City of Visalia at a regular meeting held on October 7, 2024.
Dated: , 2024 LESLIE B. CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
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Exhibit “A”
Assessment Diagram
Landscape & Lighting Assessment District No. 24-03
Sycamore Heights
119
Exhibit “B”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 24-03
Sycamore Heights
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Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 24-03
Sycamore Heights
Fiscal Year 2024/25
APN # Assessment Owner Lot # District
To be assigned $818.13 Sycamore Heights 1 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 2 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 3 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 4 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 5 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 6 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 7 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 8 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 9 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 10 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 11 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 12 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 13 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 14 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 15 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 16 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 17 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 18 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 19 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 20 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 21 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 22 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 23 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 24 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 25 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 26 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 27 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 28 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 29 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 30 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 31 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 32 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 33 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 34 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 35 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 36 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 37 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 38 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 39 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 40 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 41 24-03 Sycamore Heights
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Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 24-03
Sycamore Heights
Fiscal Year 2024/25
APN # Assessment Owner Lot # District
To be assigned $818.13 Sycamore Heights 42 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 43 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 44 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 45 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 46 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 47 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 48 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 49 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 50 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 51 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 52 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 53 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 54 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 55 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 56 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 57 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 58 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 59 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 60 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 61 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 62 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 63 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 64 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 65 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 66 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 67 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 68 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 69 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 70 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 71 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 72 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 73 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 74 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 75 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 76 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 77 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 78 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 79 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 80 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 81 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 82 24-03 Sycamore Heights
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Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 24-03
Sycamore Heights
Fiscal Year 2024/25
APN # Assessment Owner Lot # District
To be assigned $818.13 Sycamore Heights 83 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 84 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 85 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 86 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 87 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 88 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 89 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 90 24-03 Sycamore Heights To be assigned $818.13 Sycamore Heights 91 24-03 Sycamore Heights
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Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 24-03
Sycamore Heights
Fiscal Year 2024/25
General Description
This Assessment District ( 24-03, Sycamore Heights ) is located at the northeast corner of Ferguson Avenue and Akers Street . Exhibit “A” i s a map of Assessment District 24-03. This District includes outlots and local roads. The district will maintain shrub area s, street and landscape trees, irrigation systems, block walls, streetlights, pavement on local streets, and any other applicable equipment or improvements. The maintenance of irrigatio n systems and block wall includes, but is not limited to, maintaining the structural and operational integrity of these features and repairing and acts of vandalism (graffiti, theft or damage) that may occur. This District includes the preventative maintenance of all internal local City streets by means including, but not limited to, overlays, c ape seals, crack seals, and reclamite (oiling). The re are a total of 91 lots within the district.
Determination of Benefit
The purpose of landscaping is to provide an aesthetic impression for the area. The lighting is to provide safety and visual impressions for the area. The block wall provides security, aesthetics, and sound suppression. The maintenance of any landscape areas, streetlights, streets, and block walls is vital for the protection of both economic and humani stic values of the development. In order to preserve the values incorporated within developments and to concurrently have an adequate funding source for the maintenance of all internal loc al streets within the subdivision, the City Council has determined that landscape areas, streetlights, block walls, street trees, and all internal local streets should be included in a maintenance district to ensure satisfactory levels of maintenance.
Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally, including lots not adjacent to landscape areas, block walls, and street lights. The lots not adjacent to landscape areas, block walls, and streetlights benefit by the uniform maintenance and overall appearance of the District.
All lots in the District have frontage on an internal local street and therefore derive a direct benefit from the maintenance of the local streets.
Estimated Costs
The estimated costs to maintain the District includes the costs to maintain any landscaping, street trees, landscape trees, street lights, block walls, and pavement on local streets. The regular preventive maintenance of pavement on local streets is based on the follo wing schedule:
Reclamite on a 5 year cycle, Crack Seal on a 7 year cycle; Cape Seal on a 15 year cycle and Overlays on a 20 year cycle.
124
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 24-03
Sycamore Heights
Fiscal Year 2024/25
The quantities, estimated costs, and per lot assessment in the “Sycamore Heights” Landscape and Lighting District are as follows:
125
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 24-03
Sycamore Heights
Fiscal Year 2024/25
Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($74,449.52) (1.05)
(n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed;
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.
The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.
Example 1) The year four estimated costs are $ 81,149.98 [a 9% increase over the base year assessment of $74,449.52]. The ceiling on the assessment increase for year four would be $86,184.63 [ceiling = ($74,449.52) (1.05)
(4-1)
]. The assessment would be
set at $81,149.98 or the actual cost of providing the maintenance effort.
Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $84,127.96 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $86,184.63 [ceiling = ($74,449.52) (1.05)
(4-1)
]. The assessment would be set at $84,127.96 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year-to-year increase is less than the 10% cap on increases in any given year.
Example 3) The year four assessment is $81,149.98 [a 9% increase over the base year assessment $74,449.52] and damage occurred to the masonry wall raising the year five assessment to $ 99,002.97 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $89,264.98, a 10% increase over the previous year and under the ceil ing of $90,493.86 [ceiling = ($74,449.52) (1.05)
(5-1)
]. The difference of $9,738.00 will be recognized as a deficit and carried over into future years’ assessment.
City Engineer Certification
I hereby certify that this report was prepared under my supervision and this report is based on information obtained from the improvement plans of the subject development.
Chris Crawford Date
City Engineer
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0 500250 Feet
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Coordinate System: WGS 1984 Web Mercator Auxiliary Sphere 2024
Nearmap US, City of Visalia, Fresno County Dept. PWP , California State Parks, Esri, TomTom, Garmin, SafeGraph, FAO, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USFWS, Esri, NASA, NGA, USGS Aerial Map
TSM 5577
N Akers
St
W Wren Ave W Wren Ave
N Parkwood St
W Modoc Ave
W Delaware Ave
W Wren Ct
N
Akers
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W Ferguson Ave
W
Lakewood DrW Buena VistaAve
W
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N Maselli St
W Wren Ave
W Oakridge Ct
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W Oriole Ave
W Modoc Ct
W Vine Ave
W Ceres Ct
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Delaware
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Oakridge
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Ferguson
Maselli
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Noyes
Oakridge
Modoc
Merlot
Chardonnay
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Babcock
Oriole
Clinton
Ceres
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Wren
SUBJECT
PROPERTY
127
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM SURVEYOR'S STATEMENT:
CITY SURVEYOR'S STATEMENT:
CITY CLERK'S STATEMENT:
OWNER'S STATEMENT:
RECORDER'S STATEMENT:
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT:
VICINITY MAP:
CITY PLANNER'S STATEMENT:
BOARD OF SUPERVISOR'S STATEMENT:
SITELOCATION
FLOOD HAZARD NOTE:
VERTICAL DATUM NOTE:
NOTARY ACKNOWLEDGMENT:
BENEFICIARY STATEMENT:
NOTARY ACKNOWLEDGMENT:
128
123456789101112131415161718
192021222324252627282930
3231
33343536373839
4445464748
49505152535455
56575859606162
63646566676869
70717273747576
77787980818283848586878889 9190
4140
4243 26
27 2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM LEGEND:
BASIS OF BEARINGS:MONUMENTATION NOTE:
BABCOCK
SUNNYVIEW COURTOAKRIDGE COURT
DELAWARE AVENUE
HILTON STREET
WEST FERGUSON AVENUE
NORTH AKERS STREET
CRENSHAWSTREET
NOYES STREET
OUTLOT B1790 S.F.
OUTLOT C3996 S.F.OUTLOT D4268 S.F.
OUTLOT A2064 S.F.
OAKWOODSTREET
BABCOCKCOURT
LAKEWOODSTREETDETAIL 'A'SCALE: 1" = 40'
AVENUE91OUTLOT B
DETAIL 'B'SCALE: 1" = 40' DETAIL 'C'SCALE: 1" = 60'
129
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM 130
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM
NORTH AKERS STREET
WEST FERGUSON AVENUE
131
132
133
APPLICATION FOR THE FORMATION OF
LANDSCAPE AND LIGHTING ACT
ASSESSMENT DISTRICT NO. _______________
1. Name of Subdivision: __________________________________________________________________
2. Name of Applicant: ___________________________________ Phone: __________________________
3. Address of Applicant: __________________________________________________________________
4. Name of Developer: ___________________________________________________________________
5. Applicant is the:
Agent Owner of the property
6. Location of the Property: _______________________________________________________________ between ___________________________ and ______________________________________________
7. Legal Description of Property : __________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
8. PLANS: Attach four copies of completed landscape plan s. Plans shall include all details of irrigation, quantities and types of sod, shrub area, ground c over, trees, etc., wall structures and any other appurtenances that may pertain to the maintenance of th e area. Plans must be prepared by a Registered Engineer, Architect, or Landscape Architect.
9. STATEMENT: The undersigned are the owners of the land described as follows: __________________ ____________________________________________________________________________________ ____________________________________________________________________________________
1. The undersigned hereby request and consent to the formation of a maintenance district pursuant to the Landscaping and Lighting Act of 1972 (Sectio ns 22500 and following, California Streets and Highways Code) for the purpose of maintaining the following improvements:
________________________________________________________________________________ ________________________________________________________________________________
2. The undersigned hereby consents: 1) to waive the no tice of public hearing otherwise required by the Landscaping and Lighting Act of 1972 for the forma tion of the maintenance district; 2) to City Council adopting the first annual budget; and 3) to City Council approving the Engineer’s Report for the formation.
_______________________ _________________________________________ Date Signed
_________________________________________
Address
_________________________________________
City and Zip
SYCAMORE HEIGHTS
STEVEN MACIAS
(559)786-0936
5607 AVENIDA DE LOS ROBLES VISALIA, CA 93291
PRESIDIO JJR MORGAN SYCAMORE RANCH 92, LLC
X
INTERSECTION OF AKERS AND FERGUSON
AKERS ST.
NOYES ST.
PARCEL NO. 4 OF PARCEL MAP NO. 995, PER MAP RECORDED IN BOOK 10 OF PARCEL MAPS
PARCEL NO. 4 OF PARCEL MAP NO. 995, PER MAP RECORDED IN BOOK 10 OF PARCEL MAPS APN: 077-070-048
LANDSCAPE, BLOCK WALL, LIGHTING.
8.28.24 5607 AVENIDA DE LOS ROBLES
VISALIA, CA 93291
134
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0376 Agenda Date: 10/7/2024 Agenda #: 6.
Agenda Item Wording:
Approve Resolution No. 2024-56 in support of Proposition 36: Accept a Resolution for the City Council of the City of Visalia in support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.
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]> Department Recommendation:
Accept a Resolution for the City Council of the City of Visalia in support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.
Background Discussion:
In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors. For example, shoplifting (stealing items worth $950 or less from a store) and drug possession generally became misdemeanors. While Prop 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 has also led to unintended consequences over the past decade.
Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatment-focused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others that they can be charged with murder if they keep doing so and someone dies.
Proposition 36 increases punishment for some theft and drug crimes in three ways:
· Turns Some Misdemeanors Into Felonies. For example, currently, theft of items worth $950 or less is generally a misdemeanor. Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking). The sentence would be up to three years in county jail or state prison. These changes undo some of the punishment reductions in Proposition 47. · Lengthens Some Felony Sentences. For example, Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together.
· Requires Some Felonies Be Served in Prison. For example, as discussed above, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold. Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally Visalia City Council Printed on 10/1/2024Page 1 of 2
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File #: 24-0376 Agenda Date: 10/7/2024 Agenda #: 6.
jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison.
Proposition 36 allows people who possess illegal drugs to be charged with a “treatment-mandated felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people who (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their charges dismissed. Those who do not finish treatment could serve up to three years in state prison. This change undoes some of the punishment reductions in Proposition 47.
Proposition 36 requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone. This warning would be given to people convicted of selling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). The fentanyl crisis has reached alarming levels and is no responsible for 20% of youth deaths in California. This could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs to someone who dies.
Fiscal Impact:
Proposition 36 would have various fiscal effects on the state and local governments. The size of these effects would depend on uncertain factors, such as what decisions local prosecutors would make.
Prior Council Action: N/A
Other: Proposition 36 is supported by the following: California District Attorneys Association, California State Sheriffs Association, California Police Chiefs Association, League of California Cities, California Retailers Association.
Alternatives: Not accept the Resolution.
Recommended Motion (and Alternative Motions if expected):
Accept Resolution 2024-56 of the City Council of the City of Visalia in support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Resolution No. 2024-56.
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RESOLUTION NO. 2024-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION,
AND THEFT REDUCTION ACT
WHEREAS, While Prop 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 has also led to unintended consequences over the past decade.
WHEREAS, Unintended consequences of Prop 47 include repeat and often organized retail theft, inner -city store closings, and difficulty convincing people t o seek drug and mental health treatment.
WHEREAS, these unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Prop 47.
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Prop 47 that legislative proposals alone are unable to deliver.
WHEREAS, Rampant retail theft harms businesses and California residents because those who commit these crimes know they’ll get away with it, even if caught.
WHEREAS, This measure will hold repeat offenders accountable for the safety of our communities rather than putting them back on the streets.
WHEREAS, The fentanyl crisis has reached alarming levels and is now responsible for 20 percent of youth deaths in California.
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act, will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers.
WHEREAS, Breaking the cycle of repeat offenders means addressing the many root causes of retail theft.
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act, provides critical mental health, drug treatment services, and job training within our justice system for people who are experiencing homelessness and suffering from mental illness or struggling with substance abuse.
WHEREAS, It is time for meaningful reforms to our justice system that ensure our communities are safe.
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NOW, THEREFORE, BE IT RESOLVED by the City of Visalia, that the City Council formally expressed support for Prop 36, th e Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety.
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 2024-56 passed and adopted by the Council of the City of Visalia at a regular meeting held on October 7, 2024.
Dated: October 8, 2024 LESLIE B. CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0378 Agenda Date: 10/7/2024 Agenda #: 7.
Agenda Item Wording:
Record Final Map for Barr & Wood Ranch Phase 1 Subdivision - Request authorization to record the final map for Barr & Wood Ranch Phase 1 subdivision, located at the northwest corner of Roeben Street and Whitendale Avenue; request authorization for the formation of Landscape and Lighting Assessment District No. 24-05 and order the improvements and levying the annual assessments. Resolution Nos. 24-60 and 24-61 required.
Deadline for Action: 10/7/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Sarah MacLennan, Assistant Engineer, [email protected], (559)713-4271 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Eng & Bldg Director, [email protected], (559)713-4495 Department Recommendation:
Staff recommends that City Council authorize the recordation of the final map for Barr & Wood Ranch Phase 1 subdivision, located at the northwest corner of Roeben Street and Whitendale Avenue; and, authorize the City Manager to execute the Subdivision Improvement Agreement Also, recommend that City Council authorize the formation of Landscape and Lighting Assessment District No. 24-05 and order the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 24-05 “Barr & Wood” (Resolution Nos. 24-60 and 24-61).
Summary:
The final map for Barr & Wood Ranch Phase 1 subdivision will be subdividing a 37.52-acre site into a 68-lot single family subdivision with ten (10) outlots; Lots A through J to be retained by the Homeowner’s Association for Landscaping, utility and pedestrian access purposes, and the maintenance thereof. The proposed single-family residential lots, private streets, two gated entries, and pocket park will take access from a local street connection to Roeben Street and serviced by the interior local public streets with full improvements such as curb, gutter, parkway landscaping, sidewalks, streetlights, sewer and storm mains, and other public infrastructure, utilities, and services (i.e., electricity, gas, and water).
The final map is ready for recording. All bonds, cash payments, subdivision improvement agreement, and final map have been submitted by the developer, Woodside Homes, as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $5,401,214.34, and a Labor and Materials Bond in the amount of $2,700,607.17; and 4) Final map. All required items have been submitted and approved by the City prior to the final map being executed and recorded.
The Landscape and Lighting Assessment District No. 24-05 has also been reviewed and approved to Visalia City Council Printed on 9/30/2024Page 1 of 3
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File #: 24-0378 Agenda Date: 10/7/2024 Agenda #: 7.
The Landscape and Lighting Assessment District No. 24-05 has also been reviewed and approved to form by the Landscape and Lighting District Committee. All new landscaping installed within the outlots, pocket park, and parkways for this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e., a Landscape Architect) as meeting the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree species, and by limiting the portion of landscape that can be covered in turf.
Background Discussion:
The Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Materials Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Materials Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of public improvements will be required prior to recording the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.
Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final map is a ministerial action. Section 16.24.080 of the Subdivision Ordinance limits the City Council’s action to the specific determination that the final map substantially conforms to the contents of the tentative map, and the California Subdivision Map Act states that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.”Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject all offers of dedication on the final map pursuant to Section 16.24.080 of the Subdivision Ordinance and require that the City Engineer so indicate on the final map; however, staff’s recommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.
Fiscal Impact:
68 lots will contribute to Landscape and Lighting Assessment District No. 24-05 created for the maintenance of streetlights and any other applicable equipment or improvements (e.g., Barr & Wood). The annual assessment for each lot is $69.95.
Prior Council Action: None
Other:
· On June 23, 2023, the tentative subdivision map for Barr & Wood Ranch subdivision (TSM No. 5588) was approved by the Planning Commission.
Alternatives: None Recommended
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File #: 24-0378 Agenda Date: 10/7/2024 Agenda #: 7.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the recordation of the final map for Barr & Wood Ranch Phase 1 subdivision, located at the northwest corner of Roeben Street and Whitendale Avenue; and authorize the City Manager to execute the associated subdivision improvement agreement. Move to authorize the formation of Landscape and Lighting Assessment District No. 24-05 and order the improvements and levying the annual assessments for Landscape and Lighting Assessment District No. 24-05 “Barr & Wood”. (Resolution Nos. 24-60 and 24-61).
Environmental Assessment Status: Negative Declaration No. 2022-18 CEQA Review: Negative Declaration No. 2022-18
Attachments:
1. Resolution Initiating Proceedings for Assessment District No. 24-05
2. Resolution Ordering the Improvements for Assessment District No. 24-05
3. Aerial Map
4. Final Map
5. Development Disclosure
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RESOLUTION NO. 2024-60
RESOLUTION INITIATING PROCEEDINGS
FOR ASSESSMENT DISTRICT NO. 24-05
Barr & Wood Ranch
(Pursuant to Landscape and Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The City Council proposes to form an assessment district pursuant to the Landscaping & Lighting Act of 1972 (Section 22500 and following, Streets & Highways Code) for the purpose of the following improvements:
Maintenance of streetlights and any other applicable equipment or improvements.
2. The proposed district shall be designated “Assessment District No. 24-05, City of Visalia, Tulare County, California,” and shall include the land shown on the map designated “Assessment Diagram, Assessment District No. 24-05, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “Barr & Wood”.
3. The City Engineer of the City of Visalia is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the Engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972.
PASSED AND ADOPTED: 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 2024-60 passed and adopted by the Council of the City of Visalia at a regular meeting held on October 7, 2024.
Dated: , 2024 LESLIE B. CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
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CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 24-05
Barr & Wood Ranch
(Pursuant to Landscaping & Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:
I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 24-05, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on October 7, 2024 by its Resolution No. 2024-__.
This document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code.
Dated: , 2024 LESLIE B. CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
143
RESOLUTION NO. 2024-61
RESOLUTION ORDERING THE IMPROVEMENTS FOR
ASSESSMENT DISTRICT NO. 24-05
Barr & Wood Ranch
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 24-05, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed formation.
2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.
3. The owners of all land within the boundaries of the proposed landscape and lighting district have filed their consent to the formation of the proposed district, and to the adoption of the Engineer’s Report and the levy of the assessments stated therein.
4. The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and in the Engineer’s Report.
5. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2024/25.
6. The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:
a. Clerk’s Certification to County Auditor
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d. Engineer’s Report:
Exhibit A - Assessment Diagram showing all parcels of real property within the Assessment District
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
144
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 2024-61 passed and adopted by the Council of the City of Visalia at a regular meeting held on October 7, 2024.
Dated: , 2024 LESLIE B. CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
145
Exhibit “A”
Assessment Diagram
Landscape & Lighting Assessment District No. 24-05
Barr & Wood Ranch
146
Exhibit “B”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 24-05
Barr & Wood Ranch
147
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 24-05
Barr & Wood Ranch
Fiscal Year 2024/25
APN # Assessment Owner Lot # District
To be assigned $69.95 Barr & Wood 1 24-05 Barr & Wood
To be assigned $69.95 Barr & Wood 2 24-05 Barr & Wood
To be assigned $69.95 Barr & Wood 3 24-05 Barr & Wood
To be assigned $69.95 Barr & Wood 4 24-05 Barr & Wood
To be assigned $69.95 Barr & Wood 5 24-05 Barr & Wood
To be assigned $69.95 Barr & Wood 6 24-05 Barr & Wood
To be assigned $69.95 Barr & Wood 7 24-05 Barr & Wood
To be assigned $69.95 Barr & Wood 8 24-05 Barr & Wood
To be assigned $69.95 Barr & Wood 9 24-05 Barr & Wood
To be assigned $69.95 Barr & Wood 10 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 11 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 12 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 13 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 14 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 15 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 16 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 17 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 18 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 19 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 20 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 21 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 22 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 23 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 24 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 25 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 26 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 27 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 28 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 29 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 30 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 31 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 32 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 33 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 34 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 35 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 36 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 37 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 38 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 39 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 40 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 41 24-05 Barr & Wood
148
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 24-05
Barr & Wood Ranch
Fiscal Year 2024/25
APN # Assessment Owner Lot # District
To be assigned $69.95 Barr & Wood 42 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 43 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 44 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 45 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 46 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 47 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 48 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 49 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 50 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 51 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 52 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 53 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 54 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 55 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 56 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 57 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 58 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 59 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 60 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 61 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 62 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 63 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 64 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 65 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 66 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 67 24-05 Barr & Wood To be assigned $69.95 Barr & Wood 68 24-05 Barr & Wood
149
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 24-05
Barr & Wood Ranch
Fiscal Year 2024/25
General Description
This Assessment District (24-05, Barr & Wood ) is located at the northwest corner of Roeben Street and Whitendale Avenue. Exhibit “A” is a map of Assessment District 24-05. The district will maintain streetlights and any other applicable equipment or improvements. There are a total of 68 lots within the district.
Determination of Benefit
The lighting is to provide safety and visual impressions for the area. The maintenance of any streetlights is vital for the protection of both economic and humanistic values of the development.
In order to preserve the values incorporated around developments, the City Council has determined that streetlights should be included in a maintenance district to ensu re satisfactory levels of maintenance.
Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally, including lots not adjacent to the streetlights. The lots not adjacent to streetlights benefit by the uniform maintenance and overall appearance of the District.
Estimated Costs
The estimated costs to maintain the District includes the costs to maintain any streetlights.
150
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 24-05
Barr & Wood Ranch
Fiscal Year 2024/25
The quantities, estimated costs, and per lot assessment in the “Barr & Wood” Landscape and Lighting District are as follows:
151
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 24-05
Barr & Wood Ranch
Fiscal Year 2024/25
Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($4,756.71) (1.05)
(n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed;
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.
The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.
Example 1) The year four estimated costs are $ 5,184.81 [a 9% increase over the base year assessment of $4,756.71]. The ceiling on the assessment increase for year four would be $5,506.49 [ceiling = ($4,756.71) (1.05)
(4-1)
]. The assessment would be set
at $5,184.81 or the actual cost of providing the maintenance effort.
Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $5,375.08 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $5,506.49 [ceiling = ($4,756.71) (1.05)
(4-1)
]. The assessment would be set at $5,375.08 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year -to-year increase is less than the 10% cap on increases in any given year.
Example 3) The year four assessment is $5,184.81 [a 9% increase over the base year assessment $4,756.71] and damage occurred to the masonry wall raising the year five assessment to $6,325.47 [a 22% increase over the previous year assessment].
The year five assessment will be capped at $5,703.30, a 10% increase over the previous year and under the ceiling of $5,781.81 [ceiling = ($4,756.71) (1.05) (5-1)
].
The difference of $622.18 will be recognized as a deficit and carried over into future years’ assessment.
City Engineer Certification
I hereby certify that this report was prepared under my supervision and this report is based on information obtained from the improvement plans of the subject development.
Christopher Crawford Date
City Engineer
152
0 600300 Feet
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Coordinate System: WGS 1984 Web Mercator Auxiliary Sphere 2024
Nearmap US, City of Visalia, Fresno County Dept. PWP , California State Parks, Esri, TomTom, Garmin, SafeGraph, FAO, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USFWS, Esri, NASA, NGA, USGS Aerial Map
TSM 5577
S
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S
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Watson Ditch
South
ForkPersian
Ditch
W Walnut Ave
S
Roeben
St
W Whitendale Ave
Watson Ditch
South Fork Persian Ditch
W W a l n u t A v e
S Shirk St
S Roeben St
W
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SUBJECT
PROPERTY
153
PREPARED BY:324 S. SANTA FE, STE. AVISALIA, CA 93292TEL: 559.802.3052FAX: 559.802.3215www.4-creeks.com PREPARED BY:324 S. SANTA FE, STE. AVISALIA, CA 93292TEL: 559.802.3052FAX: 559.802.3215www.4-creeks.com NORTH
VICINITY MAPNO SCALE
BOARD OF SUPERVISOR'S STATEMENT
CITY CLERK'S STATEMENT
RECORDER'S STATEMENT
SURVEYOR'S STATEMENT
CITY SURVEYOR'S STATEMENT
CITY PLANNER'S STATEMENT
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.
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY INCONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE ATTHE REQUEST OF WOODSIDE HOMESON SEPTEMBER 11, 2023, AND SAID FIELD SURVEY IS TRUEAND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TOTHE CONDITIONALLY APPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF THE CHARACTER ANDOCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED WITHIN ONE YEAR OF THE RECORDING OFTHIS MAP AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.RANDY D. WASNICK P.L.S. 8163DATE I 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 MAPHAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.MICHAEL E. LONG, CITY SURVEYOR P.L.S. 6815DATE I HEREBY STATE THAT THIS FINAL MAP CONFORMS TO THE TENTATIVE SUBDIVISION MAP APPROVED BYTHE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON JUNE 26, 2023.
BY: PAUL BERNAL, PLANNING AND COMMUNITY DATE PRESERVATION DIRECTOR/CITY PLANNER THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELDON THIS _______ 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, THE PUBLIC STREETS; AND ACCEPTING THE PUBLIC UTILITYEASEMENTS, BLOCK WALL EASEMENTS, TEMPORARY EMERGENCY ACCESS EASEMENT, PEDESTRIANACCESS EASEMENTS, 0.7' CURB EASEMENT, AND STORM DRAIN EASEMENT, ALL INCLUDED WITHIN THEBOUNDARIES OF THE SUBDIVISION AND AS SHOWN UPON THIS MAP; AND CONSENTING TO THEABANDONMENT OF THE DITCH EASEMENT AS NOTED AND SHOWN HEREON.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
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 VOLUME OF MAPS, AT PAGE TULARE COUNTY RECORDS, ATTHE REQUEST OF 4 CREEKS, INC.TARA FREITAS, CPA, TULARE COUNTY ASSESSOR/CLERK-RECORDERBY: DEPUTY LEGAL DESCRIPTION:THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST OF SECTION 3, TOWNSHIP 19 SOUTH, RANGE 24 EAST,MOUNT DIABLO BASE AND MERIDIAN, SHOWN AS PARCEL 1 OF PARCEL MAP NO. 5425 RECORDED IN BOOK 55, OFPARCEL MAPS, PAGE 33, TULARE COUNTY RECORDSALSO EXCEPTING THEREFROM AN UNDIVIDED 1/2 INTEREST IN ALL OIL, GAS, AND OR MINERALS IN AND UNDERSAID LAND, AS RESERVED BY BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, A NATIONALBANKING ASSOCIATION, IN DEED DATED JANUARY 15, 1937, RECORDED FEBRUARY 20, 1937 IN BOOK 724, PAGE496 OF OFFICIAL RECORDS.
BARR & WOOD RANCH - PHASE 1
PIQROEBEN ROAD
CITY OFVISALIA, CA
NOTARY ACKNOWLEDGEMENT
FLOOD HAZARD ZONEAS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCERATE MAP (MAP NO. 06107C0936E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARECOUNTY, CALIFORNIA EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIESPARTIALLY WITHIN ZONE AE, WHICH ARE SPECIAL FLOOD HAZARD AREAS SUBJECT TOINUNDATION BY THE 1% ANNUAL CHANCE FLOOD WITH BASE FLOOD ELEVATIONS DETERMINEDAND PARTIALLY WITHIN ZONE X (SHADED), WHICH ARE AREAS OF 0.2% ANNUAL CHANCEFLOODING. THE 1% ANNUAL CHANCE FLOODPLAIN BOUNDARY, BASE FLOOD ELEVATION LINESAND VALUES AND THE CALCULATED MINIMUM FINISHED FLOOR ELEVATIONS ARE SHOWN FORTHE PORTIONS OF THIS MAP THAT LIE WITHIN THE SPECIAL FLOOR HAZARD AREA.VERTICAL DATUM NOTE: BASE FLOOD ELEVATION VALUES SHOWN ON THIS MAP ARECONVERTED FROM THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) TO THE CITY OFVISALIA DATUM BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD 29) USINGTHE CONVERSION FACTOR OF 2.73 ESTABLISHED IN FEDERAL EMERGENCY MANAGEMENTAGENCY'S FLOOD INSURANCE STUDY DATED JUNE 16, 2009. THE CONVERSION FACTOR OF 2.73IS SUBTRACTED FROM THE NAVD 88 VALUE TO OBTAIN THE EQUIVALENT NGVD 29 VALUE.
TULARE COUNTY
CITY OFVISALIA
CITY LIMIT
WALNUT AVE
SHEET 2SHEET 3
THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANYRECORD TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OFTHE SUBDIVISION SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATIONAND RECORDING OF SAID MAP AND THE CONSENT OF NO OTHER PERSON IS NECESSARY.WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, ASSHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:1.RIGHTS OF WAY FOR ROEBEN STREET, AND WHITENDALE AVENUE, IN FEE TO THECITY OF VISALIA2.BLOCK WALL EASEMENT TO THE HOME OWNERS ASSOCIATION FOR THE INSTALLATIONAND MAINTENANCE OF BLOCK WALLS, AS SHOWN HEREON AND DESIGNATED AS "BWE"(BLOCK WALLS EASEMENT)3.PUBLIC UTILITY EASEMENTS TO THE CITY OF VISALIA FOR THE INSTALLATION ANDMAINTENANCE OF GAS LINES AND CONDUITS FOR ELECTRIC, TELEVISION ANDTELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAININGTHERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT)4.LOTS A THRU J TO BE RETAINED BY THE HOMEOWNER'S ASSOCIATION FORLANDSCAPING, UTILITY AND PEDESTRIAN ACCESS PURPOSES, AND THE MAINTENANCETHEREOF5. EASEMENT TO THE CITY OF VISALIA OVER AND ACROSS LOTS 25-27 FOR STORM DRAINPURPOSES, AS SHOWN HEREON6.DITCH PIPELINE EASEMENT IN FAVOR OF THE PERSIAN DITCH COMPANY, AS SHOWNHEREON7. TEMPORARY EMERGENCY ACCESS EASEMENT TO THE CITY OF VISALIA, AS SHOWNHEREON ACROSS LOT 27 OF THIS MAP, AND TO BE ABANDONED WITH THE RECORDINGOF PHASE 2 OF THIS SUBDIVISION.8.PEDESTRIAN ACCESS EASEMENTS IN FAVOR OF THE CITY OF VISALIA, OVER ANDACROSS LOTS D AND E, AS SHOWN HEREON AND DESIGNATED "PAE"9.A 0.7' CURB EASEMENT IS INTENDED ACROSS THE FRONTAGES OF ALL NUMBEREDLOTS IN FAVOR OF THE HOME OWNERS ASSOCIATION, PER THIS MAPFOR: WOODSIDE 06N, LP, A CALIFORNIA LIMITED PARTNERSHIPBY:WDS GP, INC., A CALIFORNIA CORPORATION, ITS GENERAL PARTNER_________________________________________________________________________________________________BY:MATT SMITHDATETITLE:VICE PRESIDENT - LAND ACQUISITION NORTHKEY MAPSCALE: 1"=300'
STATE OF CALIFORNIAPROFESSIONAL LAND SURVEYORRANDY D. WASNICKEXP: 12/31/24PLS 8163
SHIRK ROADWHITENDALE AVE
TSM 5584
PERSIAN DITCH COMPANY STATEMENTTHE PERSIAN DITCH COMPANY HAS REVEIWED THIS SET OF PLANS FOR GENERAL CONFORMITY WITHPERSIAN DITCH COMPANY REQUIREMENTS. THE COMPANY ASSUMES NO LIABILITY FOR ERRORS OROMMISIONS AS A PART OF THIS REVEIW. CONTRACTOR SHALL VERIFY ALL ELEVATIONS ANDLOCATIONS OF PERSIAN DITCH COMPANY FACILITIES PRIOR TO CONSTRUCTION.FILVA JAMES PRESIDENTDATEABANDONMENT NOTEIN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE SECTION 66434 (g), THE FILINGOF THIS MAP DOES HEREBY CONSTITUTE THE ABANDONMENT OF THE FOLLOWING PUBLICEASEMENT:1. EASEMENT FOR DITCH PURPOSES PER MAP OF ROEBEN RANCH RECORDED ON MAY 28,2003, IN BOOK 39 OF MAPS, PAGE 99, TCR 154
N0° 26' 27"W 392.01'
N65° 21' 17"W (R)
N22° 39' 08"W (R) 16.00'
1933.53'
C17
C65
C72C90
C95
C27
C5
C15
C16
C19 C20C21 C22
C23 C94
C43
C46C48 C70C68 C77
C78
C79C81
C82 C83
C84C85
C87
C88C89
C93N56° 23' 37"W 24.97'N21° 37' 00"W 95.48'N68° 23' 00"E 328.35'
66.97'N53° 55' 42"E 24.02'
C28C25C26
N0° 07' 54"W (R) 24.69'
169.95'
N0° 07' 54"W 23.45'
C35C2
C24
C67
C73
N0° 07' 54"W 17.99'N0° 07' 54"W 17.99'
C92C33C34
C30C32 C31
C64
C75
C80
C29
C63C6212.27'C56
C57
C58C59C60
C61
C14
C18
R26
R27
R18
R17
R19R15
R20
R25R24
R16
R14
C36
C42
C41
R12
R13 R22R33
R10R11R9R4R3
R6 R8R7 R34 R23R28 R30R31R29 R32R36R37
42.00'216.25'90.00'
C69
116.64'
C50C51C49C47 169.95'
R35
188.35'
140.00'
512.35'C76C86
C99
C11
N75° 33' 05"W 180.31'
N0° 27' 04"W 221.81'N0° 27' 04"W 275.60'N0° 27' 04"W 198.18'N0° 27' 04"W 162.79' N76° 28' 49"E 195.70'
N85° 32' 48"E 176.50'
N89° 52' 06"E 174.23'
N89° 52' 06"E 143.96'N89° 52' 06"E 174.53'
N89° 52' 06"E 205.39'
N82° 27' 59"E 199.86'
N89° 32' 56"E 202.01'
N89° 32' 56"E 191.96'N76° 29' 33"W 181.35'
N52° 08' 56"W 161.99'
140.71' 281.63' 60.37'
145.24'124.20'
90.35'76.42' 34.98'34.98'
57.48'50.48'150.35' 121.60'96.51'
67.03'
90.00'
120.15' 67.27'
97.44'
85.84'
80.00'
61.44'
N89° 33' 47"E 153.33'
121.61'85.00'
10'
102.00'
117.37'
82.00'
97.76'
80.00'
73.14'
57.98'N0° 17' 52"W126.30'
N29° 26' 53"E 323.42'121.24'97.37'
114.01'84.89'
447.21'
N0° 27' 04"W 210.15'
141.16' 86.00'
50'25'25'
42'
36'
1748.48'
N0° 26' 27"W 2660.99' (N0° 26' 27"W 2660.99')
52' SEE DETAIL 'B'
6' PUE
6' PUE2' BWE 2' BWE
6' PUE 16'
16'
6' PUE
2' BWE 2' BWE 2' BWE
2' BWE
C45
1513,475 sf.
3812,222 sf.
3916,330 sf.4018,228 sf.
3514,523 sf.
1323,403 sf.
1416,994 sf.
1920,392 sf.
1719,439 sf. 313,824 sf.
413,140 sf.
215,065 sf.
116,879 sf.
LOT E3,105 sf.
LOT B4,236 sf.1613,776 sf. LOT C5,907 sf.EVERGREEN AVENUE
NEWTON COURTGALILEO COURT
CURIE CIRCLE
ROEBEN STREET
42'
6' PUE
6' PUE 6' PUE
6' PUE
10'
6716,274 sf.
6816,570 sf.
4416,244 sf.
4523,565 sf.
6 LOT A4,546 sf.36'
N89° 52' 06"E 1,748.48'
254.78'294.12'
WHITENDALE AVENUE
64.70'
N0° 07' 54"W 126.31'
18'18'
N54° 48' 19"E 145.44'
18'18'
242.50'
18'18'
42.00'16.09'
16'
2015.33' [2015.49'] (2015.33')
2' BWE
N89° 53' 53"E 661.09' (N89° 53' 53"E 661.09') [N89° 53' 53"E 661.15'] 34'
216.45'
817,613 sf.
715,609 sf.1116,520 sf.
1219,989 sf.
4230,817 sf.14.95'
61.58'
C71
N0° 14' 36"W 240.96'
107.90'
FOUND 1/2IN IRON PIPE TAGGEDPLS 4076 (PER RM 39-99)
2'
10'6' PUE
36'
N59° 42' 52"E (R)N84° 34' 00"W (R) N89° 52' 06"E (R)N89° 52' 06"E (R) N80° 25' 37"W (R) N76° 47' 34"E (R)N77° 03' 22"W (R)
N42° 32' 15"W (R)
N31° 03' 44"W (R)
N68° 25' 23"W (R)
N73° 49' 25"W (R)N76° 42' 57"W (R)
N8° 23' 38"E (R)N0° 47' 44"W (R)
N83° 05' 04"E (R)N70° 58' 15"E (R)N76° 46' 09"E (R)
N89° 36' 20"W (R)
N61° 09' 32"E (R)
54.89'55.20'
N89° 33' 47"E 206.61' (N89° 33' 47"E 206.61')10.0'
25'18'
SEE DETAIL 'E'
SEE DETAIL 'F'SEE DETAIL 'G'36'
10'
10'
121.86'
N48°44'46"E
127.19' N76° 42' 57"W(R) 52.00'(N76° 42' 57"W(R) 52.00') SEE DETAIL 'A'N75° 06' 59"W 145.06'(N75° 06' 59"W 145.06')
76.15'
SEE DETAIL 'C'
SEE DETAIL 'D'
N7° 39' 01"W 81.08'(N7° 39' 01"W 81.08')
N8° 40' 51"E 80.84'(N8° 40' 51"E 80.84')4.93'N88° 43' 13"E 144.37'N7° 39' 01"W 81.08' N8° 40' 15"E 80.84'706776.15'
N89°53'52"E58.09'
18' 18'
LOT J219,023 sf.
LOT J219,023 sf.LOT J219,023 sf.
LOT J219,023 sf.LOT J219,023 sf.
LOT J219,023 sf.
PUEPUE
PUE
PUE
PUE
PUE
PUE
N21° 37' 00"W (R)
PUE PUE
PUE
PUE
10'
10'
2' BWE
18'
18'
18'
16'
PUE
8.16'
8.16'118.71'76.23'
20'
20'
20'
18' 36'36'
14.40'4323,778 sf.
SEE DETAIL 'K'
R211018,676 sf.
248.96' 223.07'616,667 sf.
914,874 sf.
LOT D26,850 sf.
251.39'
513,624 sf.
C97C98
N42° 27' 06"E 27.23'
N4°39'20"W(R)
N89°33'33"E(R)
645.66' [645.66'] (645.66')
R46TO SW COR. PIQ1748.48'TO SW COR. PIQ
16'N56° 53' 10"W 326.99' 43'
N0° 14' 36"W 297.13'
C96PAE PUE
PAE
PAELOT D26,850 sf.
PUE
4124,253 sf.
PREPARED BY:324 S. SANTA FE, STE. AVISALIA, CA 93292TEL: 559.802.3052FAX: 559.802.3215www.4-creeks.com PREPARED BY:324 S. SANTA FE, STE. AVISALIA, CA 93292TEL: 559.802.3052FAX: 559.802.3215www.4-creeks.com A PORTION OF THE SOUTH HALF OF THE NORTHWEST OF SECTION 3, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNTDIABLO BASE AND MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA BARR & WOOD RANCH - PHASE 1
ROEBEN RANCH
CHERRY AVE.
JACQUES ST.1 2 3 4 529
2827
SUBDIVISION MAP: BK 39, PG 99, TCR
LEGEND
PUE
CE
BWE
10'
36.50'
80' 80'
N1/4 COR. SEC. 3-19/24 FOUND NAILWITH 2' OFFSETS, TIES CHECK CENTER COR. SEC. 3-19/24FOUND BRASS DISC IN CONCRETESTAMPED PLS 5695 (PER RM 37-12)N89° 52' 06"E 2644.72 ' (N89° 52' 06"E 2644.72')W1/4 COR. SEC. 3-19/24 FOUND NAILWITH 2' OFFSETS. TIES CHECK 7B
7B7A97C
7C7D
7A9
6 6
PARCEL 2, PARCEL MAP NO. 5425BK 55, PM, PG 33
#
[ ]( )
FOUND 1/2'" IRON PIPEIN CONCRETE
FOUND BRASS DISCIN CONCRETESTAMPED PLS 5695(PER RM 37-12) R
R
R
R
R
R
SOUTHERN CALIFORNIA EDISON COMPANY ELECTRIC LINEEASEMENT RECORDED 5/9/1956, IN VOLUME 1921, AT PAGE 412 OFOFFICIAL RECORDS MINERAL INTEREST IN FAVOR OF BANK OF AMERICA NATIONALTRUST AND SAVINGS ASSOCIATION, A NATIONAL BANKINGASSOCIATION IN DEED RECORDED 2/20/1937, IN VOLUME 724, ATPAGE 496 OF OFFICIAL RECORDS DEDICATION AS SET FORTH AND SHOWN ON OFFICIAL MAP OF ROEBENRANCH AS FOLLOWS:A)SLOPE PROTECTION OVER A PORTION OF SAID PROPERTYB)IRREVOCABLE OFFER OF DEDICATION FOR A ROAD RIGHT OFWAY OVER A PORTION OF SAID PROPERTYC)EASEMENT TO THE CITY OF VISALIA AND PERSIAN DITCHCOMPANY FOR DITCH PURPOSES (CITY OF VISALIA PORTIONBEING QUITCLAIMED PER THIS MAP)D)EASEMENT TO THE CITY OF VISALIA AND PERSIAN DITCHCOMPANY FOR IRRIGATION AND STORM DRAIN WATERPURPOSES EASEMENTS AND AGREEMENTSTHAT AFFECT SUBJECT PROPERTYWATER DITCH EASEMENT, GRANTED TO JOHN W. STOKES,IN DEED RECORDED 10/20/1896, IN BOOK 77 OF DEEDS, ATPAGE 306, OFFICIAL RECORDS (NOT PLOTTABLE) PROVISIONS AND CONDITIONS SET FORTH IN THE "NOTES" ONTHE MAP OF ROEBEN RANCH AS RECORDED IN VOLUME 39 OFMAPS AT PAGE 99, TCR 567
9 3
[28']
34.00'18'
NOTES1. SEE SHEET 4 FOR CURVE AND RADIAL TABLES2. SEE SHEET 4 FOR DETAILS SCALE: 1" = 80'
TSM 5584
LOT A
R
SLOPE EASEMENT AGREEMENT PER DOCUMENT RECORDED5/28/2003 AS DOCUMENT NO. 2003-00480968 7D [28']
36.50'
6 20'
D
D
DDD
N89° 33' 15"E 14.96'
N53° 53' 10"W 326.99'
CURB EASEMENT NOTEA 0.7' CURB EASEMENT IS INTENDED ACROSS THEFRONTAGES OF ALL NUMBERED LOTS IN FAVOR OF THECITY OF VISALIA, PER THIS MAP
ZONE AEZONE X
E
(R)TCR
FOUND AND ACCEPTED MONUMENT AS DESCRIBEDSET 3/4" IRON PIPE TAGGED "PLS 8163" DOWN 6INSET 3/4" IRON PIPE TAGGED "PLS 8163" 5.00 FEET FROM TRUECORNER ALONG PROPERTY LINEFOUND 3/4" IRON PIPE TAGGED 'PLS 8163' DOWN 6IN PERPM NO. 5425 RECORDED IN BOOK 55 PAGE 33, TCRSET BRASS DISC FLUSH IN CONC. TAGGED "PLS 8163"CURB EASEMENT (SEE NOTE FOR MORE INFORMATION)TULARE COUNTY RECORDSRADIAL BEARINGSHADED LINE INDICATES SUBDIVISION BOUNDARYPUBLIC UTILITY EASEMENTBLOCK WALL EASEMENTPARCEL BEING SUBDIVIDEDRECORD DATA PER MAP OF ROEBEN RANCH RECORDED INVOLUME 39 OF MAPS AT PAGE 99, TCR(OR CALCULATED THEREFROM)RECORD DATA PER PM NO. 5425 RECORDED IN BOOK 55 PAGE 33TCREASEMENT/AGREEMENT AFFECTING PROPERTY AS LISTED ON THIS SHEETTEMPORARY EMERGENCY ACCESS EASEMENT PER THIS MAPRETAINED BY HOME OWNERS ASSOCIATION FOR PRIVATE ROADPURPOSESDITCH PIPELINE EASEMENT IN FAVOR OF THE PERSIAN DITCHCOMPANY PER THIS MAPPEDESTRIAN ACCESS EASEMENT
SEE DETAIL 'H'
PIQ
PAE
18 (N76° 42' 57"W (R) 52.00')N76° 42' 57"W (R) 52.00' C15
34.00'18.00'C34C14LOT 38CURIE CIRCLE
DEDICATION AS SET FORTH AND SHOWN ON PARCEL MAP NO.5425 FILED JUNE 14, 2024 IN BOOK 55 OF MAPS, AT PAGE 33, ASFOLLOWS:A.VEHICULAR ACCESS AND STORM DRAIN PIPELINE LYINGOVER A PORTION OF PARCEL 2, IN FAVOR OF PARCEL 1B.PONDING BASIN PURPOSES LYING OVER A PORTION OFPARCEL 2, IN FAVOR OF PARCELC.DIRT STOCKPILE PURPOSES LYING OVER A PORTION OFPARCEL 2, IN FAVOR OF PARCEL 1D.TURNAROUND EASEMENT LYING OVER A PORTION OFPARCEL 2, IN FAVOR OF PARCEL 1E.FENCE EASEMENT LYING OVER A PORTION OF PARCEL2, IN FAVOR OF PARCEL 1 12 155
N24° 17' 06"E 73.92'
1748.48'
C7C10C17
C4 C5
C6
C12
C16
N0° 07' 54"W 155.71'
C35C3
C8
C2
C33
C36C40C39C38C37
R12R11R9R4R3
R6R5
R2
C9
C110
C105
C111
C112 C116
C122
C102C123C124
C126
R38R44R43R45
R41R42R40R39
R1
N89° 52' 06"E 609.25'
N89° 52' 06"E 609.25'
N90° 00' 00"W 162.93'
C100 C13
C104C103
C1 (Δ=0°37'35" R=430.00' L=4.70')
C121
C120
C119C118C117C115C114
C113
C106C107
C108
18.34'
85.00'85.00'
N0° 07' 54"W 145.00'N0° 07' 54"W 145.00'N0° 07' 54"W 145.00'N0° 07' 54"W 145.00'N0° 07' 54"W 144.47' N34° 44' 09"W (R) 145.00'
N52° 08' 56"W 161.99'
N27° 42' 19"W 213.19'
N0° 07' 54"W 155.81'N0° 07' 54"W 155.71'N0° 07' 54"W 155.71'N0° 07' 54"W 155.71' N0° 07' 54"W 145.00'
100.00'
100.00'85.00'85.00'63.56'
75.10'85.00'
85.00'85.00'85.00'85.00'124.02'140.71'74.73'
145.24'124.20'
10' 88.17'
36'
585.10'
1748.48'
52'
10.00'
6' PUE
6' PUE
3014,500 sf.
3613,553 sf.
3714,116 sf.
3112,325 sf.3212,325 sf.3312,321 sf.3413,897 sf.3514,523 sf. 2413,235 sf.2313,235 sf.2213,235 sf.2113,236 sf.2016,710 sf.1920,392 sf.1825,592 sf. 1719,439 sf.
1613,776 sf.
CURIE CIRCLE
WHITENDALE AVENUE
6' PUE
10'
2816,418 sf.2914,500 sf.N0° 07' 54"W 145.00'109.32'
112.43'100.00'
100.00'
85.00'85.00'85.00'
85.00'85.00'85.00'N0° 07' 54"W 155.71'N0° 07' 54"W 155.71'N0° 07' 54"W 155.71' 6716,274 sf.
6816,570 sf.
6515,549 sf.6614,463 sf.5716,435 sf.
5814,630 sf.5912,325 sf.6012,325 sf.6112,325 sf.6214,505 sf.6313,775 sf.6414,432 sf. 5618,518 sf.
4617,899 sf.4714,939 sf.4812,325 sf.4912,325 sf.5013,077 sf.5113,775 sf.5213,775 sf.5313,925 sf.5415,867 sf. 5516,229 sf.
N89° 52' 06"E 312.43'32.24'95.00'95.00'90.19' 85.00'85.00'85.00'
59.93'95.00'100.00'85.00'85.00'85.00'
LOT F2,331 sf.
LOT A4,546 sf.N77° 43' 22"E 71.59'
36'
36'
254.78'294.12'
131.04'150.72'148.08'
609.25'
609.25'
EVERGREEN AVENUE
N89° 52' 06"E 585.10'
609.25'
64.70'
18.00'18.00' LOT G3.69 AC.
6' PUE 6' PUE
2' BWE2' BWE2' BWE
2' BWE2' BWE6' PUE
42.00'
FRANKLIN CIRCLE
N0° 00' 00"E 145.00'
N0° 07' 54"W 145.00'N0° 07' 54"W 145.00'LOT H19,248 sf.
66.37'
66.37'
290.00'290.00'
N23° 57' 12"W 80.56'(N23° 57' 12"W 80.56')
63.56'85.00'85.00'90.19'95.00'95.00'29.13'
25.81'85.00'85.00'85.00'42.34'100.07'95.00'91.02'54.55'
26.38'46.51' 42.90'36.20'30.23'49.64'
37.37'34.22'N63° 12' 38"E 78.80'N0° 07' 54"W 145.00'N0° 07' 54"W 145.00'N0° 07' 54"W 145.00'N0° 07' 54"W 145.00'N0° 07' 54"W 145.00'N18° 16' 49"E (R) 145.00' N52° 18' 06"E 144.95'
N51° 43' 09"W (R) 143.24'
N20° 42' 17"W (R) 142.84'
N0° 00' 00"W 145.00'N0° 00' 00"E 145.00'N0° 00' 00"W 145.00'N0° 06' 07"W 145.00'N0° 07' 54"W 145.00'N0° 07' 54"W 145.00'N2° 14' 58"E (R) 143.04'N31° 36' 56"E (R) 142.35' N54° 48' 19"E 145.44'
N88° 43' 13"E 144.37'
N89° 52' 06"E 255.00'
CURIE CIRCLE
42.09'
LOT I6,121 sf.
6' PUE
127.92'
FRANKLINAVE.
585.10'
34'
CURIE CIRCLE
N89° 52' 06"E 1,748.48'
FRANKLIN CIRCLE
N44° 39' 17"W 206.98'
N29° 26' 53"E 88.17'
18.00'34.00'
PUE
N2° 59' 22"W (R)
N42° 32' 15"W (R)
N31° 03' 44"W (R)N21° 32' 29"W (R)N11° 25' 28"W (R)
N1° 18' 31"W (R)
N68° 25' 23"W (R)
N73° 49' 25"W (R)
N89° 36' 20"W (R)
N61° 09' 32"E (R)
N8° 29' 52"W (R)N46° 14' 44"E (R)
N0° 07' 54"W (R)
N18° 50' 34"W (R) 145.00'
N13° 36' 12"W 169.71'
10'
N48°44'46"E
148.88'
N89° 52' 06"E 552.01' (N89° 52' 06"E 552.01')N71° 20' 02"E 72.89'(N71° 20' 02"E 72.89') 127.19'
N0° 07' 54"W (R)
N0° 07' 54"W (R)
SEE DETAIL 'I'
N0° 07' 54"W (R)
SEE DETAIL 'J'
N56° 38' 23"E 72.89'(N56° 38' 23"E 72.89')
16.00'
N41° 56' 44"E 72.89'(N41° 56' 44"E 72.89')
N0° 00' 00"E 52.00'(N0° 00' 00"E 52.00')
N86° 03' 52"E 81.62'(N86° 03' 52"E 81.62') N72° 27' 43"W 79.25'(N72° 27' 43"W 79.25')N56° 24' 53"W 79.87'(N56° 24' 53"W 79.87')N40° 13' 08"W 80.71'(N40° 13' 08"W 80.71') N80° 36' 06"W 88.12'(N80° 36' 06"W 88.12')N63° 59' 05"W 76.72'(N63° 59' 05"W 76.72') N11° 07' 11"E 87.05'(N11° 07' 11"E 87.05')
N27° 15' 05"E 72.89'(N27° 15' 05"E 72.89')
N75° 06' 59"W 145.06'(N75° 06' 59"W 145.06')
N87° 11' 35"W 79.10'(N87° 11' 35"W 79.10')
76.15'
N15° 18' 33"W 143.64'
N7° 39' 01"W 81.08'(N7° 39' 01"W 81.08')
N8° 40' 51"E 80.84'(N8° 40' 51"E 80.84')4.93'
N0° 29' 41"E (R) 144.98'(N0° 29' 41"E 144.98')
N48° 07' 55"W 80.49'(N48° 07' 55"W 80.49')
N31° 53' 26"W 80.54'(N31° 53' 26"W 80.54')
N15° 57' 26"W 77.46'(N15° 57' 26"W 77.46')
N52° 18' 06"E144.95'5554N31° 53' 26"W80.54''
N90° 00' 00"W 2.64'
3.31'
N15° 57' 26"W 77.46'55
N88° 43' 13"E 144.37'N7° 39' 01"W 81.08'
N8° 40' 15"E 80.84'706776.15'
N0° 00' 00"E 52.00'
C130C129C128
C127C125
77.18'
77.18' 219,023 sf.
LOT J219,023 sf.
LOT J219,023 sf.
LOT J219,023 sf.
LOT J219,023 sf.
LOT J219,023 sf.
PUE
PUE
PUE
PUE
PUE
PUE PUE
2713,235 sf.2613,235 sf.2513,235 sf.
LOT J219,023 sf.PUEPUE
2' BWE2' BWE
6' PUE
2' BWE
6' PUE
16'
2' BWE
34'
18'52'
18'
18' 18'
18'
36'18'
18'36'18'
18'
36'18'
18' 36'18'
18'
18'
18'
6' PUE
PUE
PUE
PUE
2' BWE
PUE
18'
LOT D26,850 sf.
609.25'
251.39'
711.20' (711.20') 1933.53' (1933.53')TO SE COR. PIQ
16'N56° 53' 10"W 326.99'
N0° 29' 41"E (R)144.98'C1109.32'N89° 52' 06"ER1
N89° 52' 06"E 24.15'(N89° 52' 06"E 24.15')
N0° 07' 54"W 259.71' (N0° 07' 54"W 259.71')PAE PUE
28 CHERRY AVENUE
FRANKLIN CIRCLE
PREPARED BY:324 S. SANTA FE, STE. AVISALIA, CA 93292TEL: 559.802.3052FAX: 559.802.3215www.4-creeks.com A PORTION OF THE SOUTH HALF OF THE NORTHWEST OF SECTION 3, TOWNSHIP 19 SOUTH, RANGE 24 EAST MOUNTDIABLO BASE AND MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA BARR & WOOD RANCH - PHASE 1
80'80'
CENTER COR. SEC. 3-19/24 FOUND BRASS DISC INCONCRETE STAMPED PLS 56955 (PER RM 37-12)N89° 52' 06"E 2644.72 ' (N89°52'06"E 2644.72')W1/4 COR. SEC. 3-18/24 FOUND NAILWITH 2' OFFSETS, TIES CHECK PARCEL 2, PARCEL MAP NO. 5425BK 55, PM, PG 33
E
PARCEL 2, PARCEL MAP NO. 5425BK 55, PM, PG 33
PARCEL 2, PARCEL MAP NO. 5425BK 55, PM, PG 33
6 R
R
RR
R
R
NOTES1. SEE SHEET 4 FOR CURVE AND RADIAL TABLES2. SEE SHEET 4 FOR DETAILS3. SEE SHEET 2 FOR LEGEND4. SEE SHEET 2 FOR EASEMENTS AFFECTING PROPERTY 6' PUE
SCALE: 1" = 80'
TSM 5584
3'20'
3'20'
TEMPORARY TURNAROUNDEASEMENT PER PM NO. 5425
NO SCALEDETAIL
NO SCALEDETAIL
NO SCALEDETAIL
VEHICULAR ACCESS AND STORMDRAIN PIPELINE PER PM NO. 5425 PONDING BASIN EASEMENT PER PM NO. 5425
156
CURVE TABLECURVE #C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C29C30C31C32C33C34C35 DELTA0°37'35"49°52'11"2°51'28"15°51'12"15°53'35"15°15'56"96°53'04"18°25'17"78°27'47"93°45'20"16°04'27"13°10'56"2°53'31"16°27'11"11°21'40"5°05'31"92°31'30"48°49'45"18°49'06"9°11'22"9°11'54"11°37'22"9°19'21"28°32'21"8°17'13"20°15'08"88°02'28"20°15'08"21°30'52"54°43'51"22°39'22"30°28'18"1°36'11"21°10'46"55°24'16" LENGTH4.70'374.27'21.45'118.98'119.28'114.57'33.82'6.43'27.39'32.73'120.64'98.93'21.70'138.41'95.58'42.84'32.30'453.39'174.73'85.33'85.41'107.92'33.35'161.88'47.01'114.88'46.10'120.53'112.65'525.38'217.48'292.51'15.39'171.52'448.68' RADIUS430.00'430.00'430.00'430.00'430.00'430.00'20.00'20.00'20.00'20.00'430.00'430.00'430.00'482.00'482.00'482.00'20.00'532.00'532.00'532.00'532.00'532.00'205.00'325.00'325.00'325.00'30.00'341.00'300.00'550.00'550.00'550.00'550.00'464.00'464.00' CURVE TABLECURVE #C36C37C38C39C40C41C42C43C44C45C46C47C48C49C50C51C52C53C54C55C56C57C58C59C60C61C62C63C64C65C66C67C68C69C70 DELTA51°23'36"1°10'36"10°06'57"10°07'02"9°31'14"11°28'31"8°59'15"79°37'55"2°07'31"77°30'24"23°26'43"27°16'39"14°06'08"13°10'31"85°02'26"77°30'24"7°32'02"2°25'29"0°51'20"1°34'09"55°39'27"273°29'48"48°12'42"83°57'23"135°54'08"5°25'35"41°08'43"5°43'52"18°24'01"87°32'49"10°02'25"77°30'24"18°51'57"20°46'55"20°15'11" LENGTH432.35'9.90'85.10'85.11'80.09'96.54'75.61'27.80'0.74'27.05'232.42'278.03'143.74'134.29'29.68'27.05'2.63'11.93'4.21'7.72'48.57'238.67'42.07'73.27'118.60'4.74'35.91'31.81'96.34'30.56'3.50'27.05'187.03'211.83'206.43' RADIUS482.00'482.00'482.00'482.00'482.00'482.00'482.00'20.00'20.00'20.00'568.00'584.00'584.00'584.00'20.00'20.00'20.00'282.00'282.00'282.00'50.00'50.00'50.00'50.00'50.00'50.00'50.00'318.00'300.00'20.00'20.00'20.00'568.00'584.00'584.00' CURVE TABLECURVE #C71C72C73C74C75C76C77C78C79C80C81C82C83C84C85C86C87C88C89C90C91C92C93C94C95C96C97C98C99C100C101C102C103C104C105 DELTA0°31'44"90°00'00"78°27'47"11°32'13"21°29'06"21°29'06"8°23'09"13°05'57"47°09'23"274°18'46"34°04'50"103°04'32"103°04'32"34°04'50"47°09'23"21°29'06"6°47'02"12°06'49"2°35'15"90°00'00"11°32'13"78°27'47"18°20'12"18°20'12"92°50'21"85°47'08"4°31'26"4°31'26"7°05'02"72°06'42"0°55'27"38°51'58"29°34'33"8°21'58"74°01'33" LENGTH5.39'31.42'27.39'4.03'112.50'105.75'41.27'64.47'41.15'239.38'29.74'89.95'89.95'29.74'41.15'119.25'37.65'67.23'14.36'31.42'4.03'27.39'82.89'88.01'48.61'44.92'114.33'115.12'185.46'25.17'2.26'94.97'72.27'20.44'180.88' RADIUS584.00'20.00'20.00'20.00'300.00'282.00'282.00'282.00'50.00'50.00'50.00'50.00'50.00'50.00'50.00'318.00'318.00'318.00'318.00'20.00'20.00'20.00'259.00'275.00'30.00'30.00'1,448.00'1,458.00'1,500.00'20.00'140.00'140.00'140.00'140.00'140.00' CURVE TABLECURVE #C106C107C108C109C110C111C112C113C114C115C116C117C118C119C120C121C122C123C124C125C126C127C128C129C130 DELTA18°24'44"27°57'54"26°59'16"0°39'38"73°53'38"78°36'15"78°28'21"26°53'06"31°00'53"20°34'22"113°35'01"2°22'52"29°21'58"29°32'36"29°14'08"23°03'27"80°20'16"51°30'45"87°07'52"180°00'00"92°52'08"180°00'00"128°29'15"180°00'00"180°00'00" LENGTH44.99'68.33'65.94'1.61'25.79'27.44'191.74'65.69'75.78'50.27'277.54'5.82'71.76'72.19'71.44'56.34'28.04'109.69'185.53'383.27'197.75'326.73'273.59'383.27'326.73' RADIUS140.00'140.00'140.00'140.00'20.00'20.00'140.00'140.00'140.00'140.00'140.00'140.00'140.00'140.00'140.00'140.00'20.00'122.00'122.00'122.00'122.00'104.00'122.00'122.00'104.00' Radials Table#R1R2R3R4R5R6R7R8R9R10R11R12R13R14R15R16
BearingS0° 07' 54"EN0° 07' 54"WS50° 00' 05"ES33° 06' 50"WN60° 38' 29"WN33° 06' 50"ES27° 12' 45"WS60° 15' 46"ES33° 06' 50"WS31° 30' 39"WS55° 32' 10"ES28° 06' 25"WS15° 55' 15"WS4° 39' 42"WN32° 12' 55"WS71° 53' 51"E Radials Table#R17R18R19R20R21R22R23R24R25R26R27R28R29R30R31R32 BearingS15° 37' 00"WS54° 17' 17"WS89° 42' 08"WN2° 45' 03"WS21° 05' 16"ES21° 37' 00"EN21° 37' 00"WN42° 58' 31"WS42° 42' 43"WS89° 52' 06"WN68° 23' 00"EN21° 37' 00"WN21° 37' 00"WN3° 16' 48"WN89° 33' 33"ES0° 06' 08"E Radials Table#R33R34R35R36R37R38R39R40R41R42R43R44R45R46 BearingS1° 02' 21"WS9° 59' 38"ES30° 56' 21"EN2° 24' 00"WN89° 33' 33"EN33° 06' 50"EN0° 00' 00"EN86° 59' 58"ES78° 36' 15"ES0° 00' 00"EN66° 32' 53"WS33° 06' 50"WN51° 38' 39"WS0° 07' 54"E PREPARED BY:324 S. SANTA FE, STE. AVISALIA, CA 93292TEL: 559.802.3052FAX: 559.802.3215www.4-creeks.com PREPARED BY:324 S. SANTA FE, STE. AVISALIA, CA 93292TEL: 559.802.3052FAX: 559.802.3215www.4-creeks.com N0° 02' 01"W 61.58'N89° 53' 31"E6.64'N0° 27' 04"W 5.36' N89° 33' 15"E 14.96'
N51° 31' 30"W (R)
NORTHDETAIL 'B'SCALE: 1"=1'
NORTHDETAIL 'A'SCALE: 1"=10'
N49° 23' 59"W (R)
N89° 42' 08"E (R)
N80° 15' 27"W (R)
NORTHDETAIL 'E'SCALE: 1"=2'
N56° 50' 47"E (R)
N68° 23' 00"E (R)
NORTHDETAIL 'F'SCALE: 1"=2'
NORTHDETAIL 'G'SCALE: 1"=2'N68° 23' 00"E (R)
N79° 55' 13"E (R)
NORTHDETAIL 'H'SCALE: 1"=20'
C44
C43C45
LOT 16
CURIE CIRCLELOT BC47
GALILEO COURTC66
C67
C70
C65LOT C
LOT 10
LOT C
LOT 9
C73
C74
C72
2' BWENEWTON COURT
NEWTON COURT2' BWE
C91
C92C90
LOT 41
LOT 40
C101
N38° 59' 52"E (R)
N38° 04' 25"E (R)
NORTHDETAIL 'I'SCALE: 1"=1'
C100
NORTHDETAIL 'J'SCALE: 1"=1'
N73° 53' 38"E (R)
N73° 14' 00"E (R)
C109
C110
N30° 01' 23"E (R)
N0° 50' 05"E (R)
N90° 00' 00"W 148.08'C108
C105LOT F
LOT 46
LOT A
C42
N0° 17' 52"W76.42'
N21° 37' 00"W57.48'
LOT D
LOT 1
C103C102
PARCEL 2, PARCEL MAP NO. 5425BK 55, PM, PG 33
ROEBEN RANCH29
FRANKLIN CIRCLE
FRANKLIN CIRCLE
NORTHDETAIL 'C'SCALE: 1"=10'N89° 42' 08"E (R)LOT 15
GALILEO COURT
LOT BN82° 10' 06"E (R)C51C50
N2° 44' 44"E (R)
90.356' PUE
2' BWE
NORTHDETAIL 'D'SCALE: 1"=10'LOT 14
R19C54C55
C56
C53N89° 26' 32"E (R)N87° 52' 22"E (R)GALILEO COURT
NORTHDETAIL 'K'SCALE: 1"=2'
N89° 33' 47" 206.61'
N75° 33' 05"W 180.31'
2' BWE
N68° 23' 00"E 121.60'
N56° 53' 10" 294.12''
TSM 5584
N0° 27' 04"E 221.81'
LOT J
LOT J LOT J
LOT J
LOT JC48
6' PUE
C69
LOT J
LOT J LOT J
20.00'8.09'N89° 53' 53"E 661.09'20.00'
S00° 00' 00"E8.16'S00° 00' 00"E
7A910' A PORTION OF THE SOUTH HALF OF THE NORTHWEST OF SECTION 3, TOWNSHIP 19 SOUTH, RANGE 24 EAST MOUNTDIABLO BASE AND MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA BARR & WOOD RANCH - PHASE 1NOTES1.SEE SHEET 2 FOR EASEMENT AND AGREEMENTSTHAT AFFECT THE SUBJECT PROPERTY2.SEE SHEET 2 FOR LEGEND INFORMATIOND
36.50'7C7D
LOT 43
0.83'
LOT 42
N89° 53' 53"E 118.71'N89° 53' 53"E 107.90
N0° 14' 36"W 204.96'
0.7' CE
0.7' CE
0.7' CE
0.7' CE
0.7' CE
0.7' CE
0.7' CE
JACQUES ST.
N68° 23' 00"E 169.95'
CENTER COR. SEC. 3-19/24 FOUND BRASS DISC FLUSHIN CONCRETE STAMPED PLS 5695 (PER RM 37-12)
11.45'WHITENDALE AVENUE
EXISTING 42' IOD7B
N7° 12' 56"W (R)R46 C99
N0° 26' 27"W
0.7' CE
185.05'TO SW COR. PIQ 1748.48'
PROPOSED CENTERLINEEXISTING CENTERLINEN89° 52' 06"E
LOT 15
N0° 17' 52"W
50.48 C52
512.35'
LOT 55
8.16'
157
158
159
24-05
160
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0383 Agenda Date: 10/7/2024 Agenda #: 8.
Agenda Item Wording:
FEMA & CalOES Authorized Agents Approval - Approve Resolution 2024-53, renewing the position of City Manager and Assistant City Manager and adding the position of Finance Director as authorized agents for official correspondence with FEMA and CalOES.
Submitting Department: Fire Department
Contact Name and Phone Number: Battalion Chief Tom Van Grouw, 4265; Fire Chief Dan Griswold, x4220
Department Recommendation:
Staff recommends that Council approve Resolution 2024-53 renewing the position of City Manager and Assistant City Manager and adding the position of Finance Director as authorized agents for official correspondence with the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (CalOES).
Background Discussion:
FEMA and CalOES require that each local government agency have designated authorized agents for the purpose of filing official correspondence and renew the designation every 3 years. The designation allows for a timely exchange of information during times of disaster or during the process of hazard mitigation grants or recovery grants. The City of Visalia has designated 3 positions as Authorized Agents, City Manager (Leslie Caviglia), Assistant City Manager (John Lollis), and Finance Director (Renee Nagel). CalOES requires this process be approved by a governing body through resolution.
Fiscal Impact:
None
Prior Council Action: On 11/5/2018, Council approved resolution 2018-56 designating the position of City Manager (Randy Groom) and Assistant City Manager (Leslie Caviglia) as authorized agents for official correspondence with FEMA and CalOES. On 11/5/2021, Council approved resolution 2021 -57 renewing the position of City Manager (Leslie Caviglia) and Assistant City Manager (Nick Mascia) as authorized agents for official correspondence with FEMA and CalOES.
Other: N/A
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
I move to approve Resolution 2024-53, renewing the positions of City Manager and Assistant City Visalia City Council Printed on 10/1/2024Page 1 of 2
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161
File #: 24-0383 Agenda Date: 10/7/2024 Agenda #: 8.
Manager and adding the position of Finance Director as authorized agents for official correspondence with FEMA and CalOES.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. City Resolution - 2024-53; 2. CalOES Form 130 - Designation of Applicant’s Agent Resolution
Visalia City Council Printed on 10/1/2024Page 2 of 2
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162
Resolution No. 2024-53
RESOLUTION NO. 2024-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA
DESIGNATING AUTHORIZED AGENTS FOR
OFFICIAL CORRESPONDENCE WITH FEMA AND CALOES
WHEREAS, the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (CalOES) require each local government agency have designated authorized agents for the purpose of filing official correspondence; and
WHEREAS, the designation allows for timely exchange of information during times of disaster or during the process of hazard mitigation grants or recovery grants; and
WHEREAS, the City of Visalia desires to designate three positions as authorized agents, the City Manager, Assistant City Manager, and Finance Director; and
WHEREAS, CalOES requires this process be approved by a governing body through resolution
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Visalia hereby designates the position of City Manager, the position of Assistant City Manager, and the position of Finance Director as authorized agents for official correspondence with FEMA and CalOES.
PASSED AND ADOPTED: October 7, 2024 LESLIE CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true resolution 2024-53 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 CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
163
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal
OES
130
Cal
OES
ID No:
______________________
DE
S
IG
N
A
T
ION OF
APPLI
C
ANT
'
S
AGE
N
T
R
ESOLU
T
I
O
N
FOR N
O
N
-
STATE
A
G
EN
C
IES
B
E IT
RESOL
V
E
D
B
Y
TH
E
OF
TH
E
(Gover
n
ing
Bod
y
)
(N
a
m
e
of
Applicant)
T
H
AT
,
OR
(Title
of
Authoriz
e
d
Agent)
,
OR
(Title
of
Authoriz
e
d
Agent)
(Title
of
Authoriz
e
d
Agent)
is
h
ere
b
y a
u
thorized
t
o
e
x
ec
u
t
e f
o
r and
on
b
e
h
alf
o
f t
h
e
, a
p
ub
lic entity
(N
a
m
e
of
Applic
an
t
)
esta
b
lis
h
ed un
d
er t
h
e laws
o
f t
h
e
State
o
f
C
alif
o
r
n
ia,
t
h
is a
p
p
lication
a
n
d
to
file it
with t
h
e
California
Governor’s Office of Emergency
Services
f
o
r
t
h
e
pu
r
p
o
se
o
f ob
t
a
i
n
i
ng cer
tai
n
f
e
deral
f
i
n
an
c
i
al ass
i
s
t
ance
u
n
d
e
r
P
ublic Law
9 3
-
2 8
8 a
s a
m
end
e
d
by
t
h
e
R
o
be
r
t T.
S
t
a
ff
o
r
d
D
i
saster
Relief
and
E
m
er
g
ency Assista
n
ce Act
o
f 19
8 8, a
n
d
/
or state
fin
a
n
c
ial assistance
und
e
r
t
h
e California
Disaster Assistance
Ac
t
.
T
H
AT t
h
e
_________________________
______________________
_
, a
p
ub
l
i
c e
n
tity est
a
b
lis
h
e
d
u
n
d
er t
h
e
laws
o
f
t
h
e State
o
f Calif
o
r
n
i
a,
(N
a
m
e
of
Applic
an
t)
h
e
re
b
y a
u
th
o
r
i
zes its a
g
e
n
t(s) to
p
r
o
v
ide
t
o
t
h
e
Governor’s Office of Emergency Services
for all
m
a
tters perta
i
ning to
s
u
ch state disaster
a
s
sistance the
as
s
u
r
a
nces and
a
g
re
em
ents requir
ed
.
Please check the appropriate box below
:
This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval be
low.
This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Passe
d
an
d
app
r
o
v
e
d
t
h
i
s
d
ay
o
f
,
2 0
(N
a
m
e
and
T
itle
of
Gover
n
ing
Body
Representative)
(N
a
m
e
and
T
itle
of
Gover
n
ing
Body
Representative)
(N
a
m
e
and
T
itle
of
Gover
n
ing
Body
Representative)
CERTIFI
C
A
TI
ON
I,
,
du
l
y
ap
po
i
n
te
d
an
d
o
f
(N
a
m
e)
(Titl
e
)
,
do he
r
e
b
y ce
r
ti
f
y that t
h
e abo
v
e is
a t
ru
e
and
c
o
rrect c
op
y
of
a
(N
a
m
e
of
Applic
an
t)
R
e
s
o
l
u
ti
o
n
p
asse
d
a
n
d
app
r
o
v
e
d
b
y
t
h
e
o
f
t
h
e
(Gover
n
ing
B
od
y
)
(N
a
m
e
of
Applicant)
o
n
t
h
e
d
ay
o
f
,
2 0
.
(Titl
e
)
Pa
g
e 1
(Signature)
Cal
OES
130 (
Rev.
9 /13
)
164
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal
OES
130
-
Instructions
Cal
OES
Form
1 30 Instructions
A Designation of Applicant’s Agent Resolution for Non
-
State Agencies is required
of all Applicants to be eligible to
receive funding.
A new resolution must be submitted if
a previously submitted Resol
ution is older than three (3) years
from the last date of approval, is invalid or has not been submitted.
When
co
m
p
leting
the
Cal
OES
Form
130,
Applicants
should
fill
i
n
the
blanks
on
page
1. The
blanks
are
to
be
filled
in
as
follows:
Resolution
Section:
Governing
B
o
d
y
:
This
is
t
h
e
gro
u
p
responsible
for
a
p
point
i
ng
and
approvi
n
g
the
Authorized Agents.
Exa
m
ples
include: Board
of
D
i
rectors,
City
Council,
Bo
a
rd
of
S
u
perv
i
sors,
Board of Education, etc.
Name of Applicant
:
The public entity
established under the laws of the State of California.
Examples include:
School
District, Office of Education, Ci
t
y
, Coun
t
y or
Non
-
profit
agenc
y
that
has
ap
p
lied
for
the
grant
, such as:
City
of
San Diego
,
Sacra
m
ento
Count
y, Burbank Unified School Dist
rict, Napa County Office of Education
, University Southern California
.
Authorized Agent
:
These
are
the
individuals
that
are
a
u
thorized
by
the
Governing
Body
to
eng
a
ge
with the Federal Emergency
Management Agency and
the
Governor’s Office of Emergency
Services
regarding
grants
applied
for
b
y
the
Applican
t.
There
are
t
w
o
wa
y
s
of
co
m
p
l
e
ting
this
section:
1 .
Titles
Onl
y
:
If
the
Governing
Body
so
c
hooses,
the
ti
t
les
of
the
Authorized
Agents
w
ould
be entered
here,
not
their
names.
This
allows
the
do
c
u
m
ent
to
re
m
a
in
valid
(for 3 years)
if
an
Au
t
horized
Agent leaves
the
position
and
is
r
e
placed
by
another
individual in the same title
.
If
“Titles
Only”
is
the
chosen
method,
this docu
m
ent
must
be
accompanied
by
a
c
over
letter
naming
the
Au
t
horized
Agents
by
na
m
e
a
n
d
title.
This
cover
letter
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b
e
c
o
m
p
leted
by
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a
u
t
ho
r
ized
person
within
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agency
and
does
not
require
t
h
e
Governing Bo
d
y
’s
signa
t
u
re.
2 .
Names
and
Titles:
If
the
Governing
Body
so
cho
o
ses,
the
names
a
n
d
titles
of
the
Authorized
Agents
would
be
listed.
A
new
Cal
OES
Form
1 30
will be required
if
any
of
t
h
e
Authorized
Agents
are replaced,
leave
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position
listed
on
the
document or their title changes.
Governing Body
Representativ
e
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are
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e
s
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i
ng
B
oard
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e
mbers.
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ples include
:
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r
m
an
o
f
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Board,
Director,
Superintendent,
etc.
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r
ized Agents, and a minimum of
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Section:
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:
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nclude:
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ard
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ecretary to the Board (not City Manager)
to
eli
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i
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ate
“Self
C
e
rtification.”
Pa
g
e 2
Cal
OES
130 (
Rev.
9 /13
)
165
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0385 Agenda Date: 10/7/2024 Agenda #: 9.
Agenda Item Wording:
Award 5-year contract for WRF Aeration Systems - Authorize the City Manager to award a 5-year sole source contract, not to exceed $200,000 per year, totaling $1,000,000 over the life of the contract, to Environmental Dynamics International to supply repair and replacement parts to overhaul the aeration diffuser system at the Visalia Water Reclamation Facility (WRF).
Deadline for Action: 10/7/2024
Submitting Department: Public Works
Contact Name and Phone Number: Ben Litwack, Public Works Manager, (559)713-4671, [email protected]
Department Recommendation:
Staff recommends that Council authorize the City Manager to award a 5-year sole source contract, not to exceed $1,000,000.00 to Environmental Dynamics International for replacement parts to overhaul the Aeration Basins at the Visalia Water Reclamation Facility.
Background Discussion:
The Visalia Water Reclamation Facility (WRF) relies on aeration basins as a core component of its biological treatment process. These basins, which utilize diffused aeration to promote the breakdown of organic materials, are critical to the facility's ability to meet regulatory standards and efficiently treat wastewater. However, it has been several years since any significant maintenance has been performed on the aeration basins.
Industry best practices recommend that aeration basins undergo inspection and maintenance every 3 -5 years to ensure optimal performance and prevent operational issues. Due to challenging operational conditions, the facility has deferred this necessary maintenance, increasing the risk of equipment failure, reduced efficiency, and potential non-compliance with discharge permits.
To address this, the WRF has developed a plan to perform a complete overhaul of one aeration basin per year, over the next five years, to ensure the long-term reliability of the treatment process.
Environmental Dynamics International (EDI), the original equipment manufacturer, has provided a quote for the replacement parts needed for the overhaul of the first basin, totaling $163,048.38. This quote covers critical components such as diffusers and membranes, which are proprietary to EDI’s aeration system.
In light of potential unanticipated expenses or price increases during the course of the overhaul project, we are requesting an annual budget of $200,000. This will provide a buffer to address any unforeseen issues that may arise during maintenance, as well as to account for inflation or fluctuations in part prices over the five-year period.
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File #: 24-0385 Agenda Date: 10/7/2024 Agenda #: 9.
By establishing a 5-year sole source contract with EDI, the WRF will ensure that the aeration basins receive the necessary maintenance with the correct replacement parts, minimizing downtime and maintaining operational efficiency.
Environmental Dynamics International (EDI) has been the sole provider of these parts since the installation of the aeration system. The compatibility and performance of EDI’s replacement parts are crucial to the optimal functioning of the system. Based on past procurement, EDI’s equipment has proven to meet the required standards for operational reliability, energy efficiency, and regulatory compliance.
This sole source procurement is justified for several reasons:
1. Proprietary Technology: The aeration basins at the WRF utilize a system designed and installed by EDI, with parts that are proprietary and specifically engineered for our current infrastructure. Other manufacturers’ parts may not meet the compatibility or performance specifications, which could lead to inefficiencies, higher operational costs, or system failures.
2. Operational Continuity: EDI replacement parts are essential to maintain the continuous and reliable operation of the aeration system. Disruptions in the aeration process could compromise the facility’s ability to meet discharge permit limits, potentially leading to regulatory violations, fines, and environmental harm.
3. Proven Performance and Reliability: Over the years, EDI has consistently provided high- quality parts that ensure the aeration basins operate efficiently. Their diffusers and membranes have been key to minimizing energy use while maximizing treatment efficiency. A sole source contract with EDI guarantees that the WRF will continue to benefit from these proven technologies.
4. Cost-Effectiveness: Engaging in a long-term sole source agreement allows the facility to lock in pricing and ensure the availability of critical parts without the delays associated with procuring items through a competitive bid process. This will also prevent costly emergency repairs and downtime that could arise from system failures due to inferior or incompatible parts.
Fiscal Impact:
Currently, $200,000 is budgeted annually within Capital Improvement Project CP0439 (Activated Sludge Overhaul) from the WRF Fund 431.
Prior Council Action: 05/20/2019 - Council granted authorization to award an annual soul source contract to Environmental Dynamics International with the option to renew up to four consecutive one -year terms.
Other: N/A
Alternatives: N/A
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File #: 24-0385 Agenda Date: 10/7/2024 Agenda #: 9.
Recommended Motion (and Alternative Motions if expected):
Authorize the City Manager to award a 5-year sole source contract, not to exceed $200,000 per year, totaling $1,000,000 over the life of the contract, to Environmental Dynamics International to supply repair and replacement parts to overhaul the aeration diffuser system at the Visalia Water Reclamation Facility (WRF).
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. EDI Quote.pdf
2. EDI Sole Source Letter.pdf
3. 1 LEVINE ACT STATEMENT - EDI
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EXHIBIT “B-5”
CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, commonly referred to as the “Levine Act,” can prohibit members of the City Council of the City of Visalia 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:__X___. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:
Answering YES to the question above 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.
________________________________________________ _09/05/24_________ Signature of Authorized Individual Date
__Matt Martin, GM_______________________________________________ Printed or Typed Name of Authorized Individual
___EDI______________________________________________
Print or Type Name of Company
169
Scott HentgesPrepared By
USD 163,048.38Grand Total
USD 12,773.38Tax
USD 150,275.00Subtotal
To expedite order acceptance of this quote, please email a purchase order referencing this Proposal Number (cd#), and EDI terms and , to the contact information below.conditions of sale
cd9446.02
Visalia CA
VisaliaShip To Name
EXW - Ex-WorksINCOTERMS
707 West Acequia Ave
Visalia, California 93291
United States
Bill To
VisaliaBill To Name
cd9446Proposal Number
8/15/2025Expiration Date
8/15/2024Created Date
TBDTerms
Federal Tax ID 43-1144201
Harmonization Number 8421.21.0000
International Quote
Billing and Shipping
Job Name/Location
Product Code Product Quantity Sales Price Subtotal
10653 Clamp, Stepless Ear, 304 SS, 118.0mm, HD 4,500.00 USD 3.00 USD 13,500.00 03925 Diffuser, Accessories, SDM-CL, Kit 40.00 USD 0.00 USD 0.00 02429 Diffuser, MP3, PVC, 6" SDM Female, PU, MicroPore 40.00 USD 130.00 USD 5,200.00 02430 Diffuser, MP3, PVC, 6" SDM Male, PU, MicroPore 40.00 USD 130.00 USD 5,200.00 040300634 Membrane, PU, 117-1359, 0.75 x 1.25, 985AR 1,500.00 USD 77.00 USD 115,500.00 03216 O-Ring, Buna/N, Model 325, 50 Shore A, for SDM-CL 1,500.00 USD 1.00 USD 1,500.00 04267 Plug, SDM Alignment, GFPP, 0.38" 1,500.00 USD 2.25 USD 3,375.00 04249 Wedge, SDM-CL, ABS, w/ Locking Ribs 1,500.00 USD 4.00 USD 6,000.00 Contact Information
170
[email protected]
(573) 507-5170Phone
171
September 5th, 2024
TO: City of Visalia – Water Reclamation Facility
RE: Aeration System Diffusers- EDI Sole Source
To Whom It May Concern,
Environmental Dynamics International (EDI) is the original equipment manufacturer of the FlexAir® MiniPanel Diffuser and Diffuser Membranes. This product was engineered, designed and manufactured at our headquarters located in Columbia MO. EDI is the sole manufacturer of the FlexAir® Aeration/Mixing System product line.
Specific to the proposed maintenance activities in the aeration basin, neither the original nor replacement membranes are commodity products. Membrane manufacturing employs proprietary membrane compounds, membrane extrusion processes, perforation processes, and quality control programs.
Please do not hesitate to contact EDI with questions or if you require any further clarification.
Sincerely,
Scott V. Hentges
Aftermarket Account Manager
[email protected]
(o) 573-507-5170
172
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0388 Agenda Date: 10/7/2024 Agenda #: 10.
Agenda Item Wording:
Accept the City of Visalia Cash and Investment Report for the fourth quarter of the fiscal year 2023-24 which consists of months April, May, and June of 2024.
Deadline for Action: 10/7/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Jason Montgomery, 4425
Department Recommendation:
Staff recommends that Council accept the City of Visalia Cash and Investment Report for the fourth quarter of the fiscal year 2023-24 which consists of months April, May, and June of 2024.
Background Discussion:
The City accumulates significant cash assets before they are spent on a variety of governmental operations.
For example, several large capital projects have accumulated substantial cash as they approach the start of the projects in the near future, or in some cases, have already begun. Some of these projects are the Fire Station 56, cape seal of various streets and the major rehab of Caldwell Avenue from Akers to Shady and Santa Fe to Lovers Lane. Some examples of large projects that cash has been accumulated for that have not started are the Civic Center Phase 2 project, and any potential mandated upgrades to the Water Reclamation Facility.
The quarterly investment report is intended to inform the City Council and community about the status of City investments and holds staff accountable for the investment and management of these funds.
City Investment Policy
The City’s investments are diversified by the various maturities and credit types which are allowed under the City’s Investment Policy and California Government Code Section 53600 et seq. It is the policy of the City to invest public funds in a manner which will provide the greatest security with the maximum investment return while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds.
The City continues to be conservative and prudent with the investment objectives, which in order of priority is safety, liquidity, and yield, while maintaining compliance with federal, state, and local laws and regulations.
These investments will enable the City to meet expenditure requirements for the next six months, as required by state law.
Economic Outlook
At June 30, 2024, the national unemployment rate was at 4.1%. The Consumer Price Index was at 2.97%, a decrease from the March 2024 rate of 3.48%. At its September 18, 2024 meeting, the Federal Open Market Committee (FOMC) lowered the Federal Funds Rate (the rate at which institutions borrow and lend overnight Visalia City Council Printed on 10/1/2024Page 1 of 5
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File #: 24-0388 Agenda Date: 10/7/2024 Agenda #: 10.
funds to each other) by .50% to the range of 4.75% to 5.00% as inflation has dropped and there has been a slowdown in job growth. The FOMC also indicated that more rate cuts were likely in the coming months.
Movements of the Federal Funds Rate are closely linked to Treasury Security rates; as the Federal Funds Rate decreases, typically so do Treasury Security rates. Treasury Securities are investments that the City can purchase and are key benchmarks for other financial assets that the City can purchase (i.e.: Federal Agency’s). Table I shows the rate comparison of the Federal Funds Rate and short term Treasury Securities between the third and fourth quarter of fiscal year 2023-24 as well as recent rates. Since June, rates have decreased across all maturity levels. The City remains laddered across all maturities.
March 2024
(3rd Quarter-FY23/24)
June 2024
(4th Quarter-FY23/24) September 19, 2024
Federal Funds Rate 5.25% - 5.50% 5.25% - 5.50% 4.75% - 5.00% 6 month Treasury 5.29% 5.31% 4.47%
1 year Treasury 5.01% 5.11% 3.94%
2 year Treasury 4.62% 4.74% 3.58%
3 year Treasury 4.41% 4.55% 3.48%
4 year Treasury 4.31% 4.46% 3.48%
5 year Treasury 4.21% 4.37% 3.49%
Table I
Portfolio Performance
The June 30, 2024 investment portfolio managed balance was $589,092,743.
The earnings rate as of June 30, 2024 was 3.75%. Key benchmarks and performance statistics for the City’s portfolio are shown in Table II, Managed Portfolio Performance Statistics.
Table II: Managed Portfolio Performance Statistics (dollars in millions) Quarter Ending Portfolio Balance
City Monthly
Portfolio Rate
LAIF & CAMP
Balance LAIF Rate
2 YR
Treasury
Weighted Average
Maturity (WAM)
March 2024 $549.9 3.55% $78.0 4.12% 4.62% 659 Days
June 2024 $589.2 3.75% $86.2 4.36% 4.74% 647 Days
Fiscal Year Average
2023/2024 $546.3 3.37% 3.87%
The following Charts I and II show the portfolio ladder and distribution as of June 30, 2024. The portfolio ladder (Chart I - Maturity Ladder) shows our investments based on when they are to mature (ie. 1 year and under, 1-2 years, 2-3 years, etc…). The City invests in different maturity dates to take advantage of different earnings rates (usually the longer the maturity, the higher the earning rate) as well as to spread out maturities so that the proceeds are reinvested at regular intervals. In addition, the City will keep funds needed for operating costs in short term maturities, while investing funds in longer term maturities for those funds that are Visalia City Council Printed on 10/1/2024Page 2 of 5
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File #: 24-0388 Agenda Date: 10/7/2024 Agenda #: 10.
not yet needed (future projects). Chart II - Maturity Distribution shows what percent each maturity level is of the total investment portfolio.
Chart I
Maturity Ladder
· Note: Percent above each bar represents the average interest earnings rate for that maturity level Chart II
Maturity Distribution
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File #: 24-0388 Agenda Date: 10/7/2024 Agenda #: 10.
Table III: 4th Quarter Investment Activity, shows investment activity for the quarter (April 2024 - June 2024).
Table III: 4th Quarter Investment Activity
TYPE YIELD COUPON AMOUNT MATURITY DATE
PURCHASE
DATE
Maturities
CA ST Muni 3.37% 3.00% 2,000,000 04/01/2024 08/30/2022 CA ST Muni 4.00% 3.00% 3,000,000 04/01/2024 09/21/2022 CA ST Muni 4.50% 3.00% 3,000,000 04/01/2024 10/25/2022 Citigroup Corporate 3.35% 3.35% 5,000,000 04/29/2024 04/29/2022 Bank of America Corporate 3.10% 3.10% 3,000,000 04/29/2024 04/29/2022 Federal Home Loan Bank Agency 4.80% 4.88% 4,000,000 05/08/2024 05/08/2023 Federal Farm Credit Agency 5.19% 2.63% 3,000,000 05/16/2024 06/06/2023 Toyota Motor Credit Corporate 0.59% 0.50% 3,000,000 06/14/2024 09/01/2021 Federal Home Loan Bank Agency 1.85% 2.88% 2,000,000 06/14/2024 06/28/2019 Federal Home Loan Bank Agency 4.72% 4.88% 3,000,000 06/14/2024 12/29/2022 Federal Home Loan Mortgage Corp. Agency 0.38% 0.38% 3,750,000 06/28/2024 09/30/2020 Federal Home Loan Bank Agency 5.47% 2.75% 2,000,000 06/28/2024 07/13/2023 36,750,000$
Purchases
Federal Farm Credit Agency 5.04% 5.00% 2,000,000 03/10/2025 04/04/2024 Federal Farm Credit Agency 4.72% 4.63% 2,000,000 03/05/2026 04/04/2024 Los Angeles CA Muni 4.44% 1.65% 2,230,000 11/01/2028 04/05/2024 Chula Vista Pension Obligation Muni 4.80% 1.16% 2,660,000 06/01/2027 04/10/2024 CA ST Muni 4.82% 3.05% 4,640,000 04/01/2029 04/22/2024 Federal Home Loan Bank Agency 4.82% 4.50% 2,000,000 03/12/2027 04/23/2024 Federal Home Loan Bank Agency 4.68% 4.50% 2,000,000 03/09/2029 04/23/2024 U.S. Treasury Treasury 4.70% 1.25% 2,000,000 04/30/2028 04/23/2024 Solano County Community College District Muni 4.84% 1.48% 540,000 08/01/2028 04/24/2024 CA Municipal Finance Authority Muni 4.88% 2.44% 500,000 10/01/2028 04/24/2024 San Jose Community College District Muni 4.80% 5.00% 1,250,000 09/01/2025 04/26/2024 CA ST Muni 4.70% 1.70% 2,000,000 02/01/2028 04/26/2024 Federal Farm Credit Agency 4.96% 4.88% 2,000,000 04/24/2026 04/25/2024 Federal Home Loan Bank Agency 4.80% 4.75% 2,000,000 04/09/2027 04/25/2024 Federal Farm Credit Agency 4.69% 4.38% 2,000,000 04/10/2029 04/25/2024 Federal Home Loan Bank Agency 5.29% 5.06% 3,000,000 02/25/2025 04/30/2024 Federal Home Loan Bank Agency 5.22% 5.20% 3,000,000 04/09/2025 04/30/2024 Federal Farm Credit Agency 5.03% 5.00% 3,000,000 01/29/2026 04/30/2024 CA ST Public Works Board Lease RevenueMuni 4.87% 4.86% 3,000,000 04/01/2028 05/02/2024 Federal National Mortgage Assn. Agency 5.23% 0.63% 2,000,000 04/22/2025 05/02/2024 Federal Home Loan Bank Agency 4.86% 4.50% 2,000,000 03/12/2027 05/02/2024 Federal Home Loan Bank Agency 4.72% 4.63% 2,000,000 03/09/2029 05/02/2024 Federal Farm Credit Agency 5.41% 4.25% 2,000,000 09/26/2024 05/08/2024 Federal Home Loan Bank Agency 5.24% 5.00% 2,000,000 02/26/2025 05/08/2024 Blackrock Funding Inc. Corporate 4.74% 4.70% 2,000,000 03/14/2029 05/09/2024 University of California Revenue Muni 5.10% 3.06% 3,000,000 07/01/2025 05/20/2024 Federal National Mortgage Assn. Agency 5.14% 0.38% 2,000,000 08/25/2025 05/29/2024 Federal National Mortgage Assn. Agency 4.95% 2.13% 2,000,000 04/24/2026 05/29/2024 Federal Farm Credit Agency 5.07% 5.00% 2,000,000 06/25/2025 06/25/2024 Federal Farm Credit Agency 4.77% 5.00% 2,000,000 06/04/2026 06/25/2024 Federal Home Loan Bank Agency 4.51% 4.63% 2,000,000 06/11/2027 06/25/2024 Federal Farm Credit Agency 4.42% 4.50% 2,000,000 06/07/2028 06/25/2024 68,820,000$
Fiscal Impact:
n/a
Prior Council Action: City of Visalia Cash and Investment Reports are reviewed and accepted quarterly.
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File #: 24-0388 Agenda Date: 10/7/2024 Agenda #: 10.
Other: n/a
Alternatives: n/a
Recommended Motion (and Alternative Motions if expected):
Move to accept the City of Visalia Cash and Investment Report for the fourth quarter of the fiscal year 2023-24 which consist of months April, May, and June 2024.
Environmental Assessment Status: n/a
CEQA Review: n/a
Attachments: Attachment #1, City of Visalia Cash and Investment Summary Attachment #2, City of Visalia Investment Report by Maturity Date
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Attachment #1
% of
Security Investments Par Value Book Value Market Value Portfolio Yield Medium-Term Corporate Bonds 89,200,000$ 85,976,237$ 85,976,237$ 14.59% Agency's 211,976,000 208,105,322 208,105,322 35.33% U.S. Treasury's 47,000,000 44,323,120 44,323,120 7.52% Municipal Bonds 173,670,000 164,278,730 164,278,730 27.89% Total Security Investments 521,846,000$ 502,683,409$ 502,683,409$ 85.33% Other Investments
Local Agency Investment Fund (LAIF) 6,780,507$ 6,780,507$ 6,780,507$ 1.15% Local Agency Investment Fund (LAIF) - COVID 23,690,923 23,690,923 23,690,923 4.02% California Asset Management Program (CAMP) 44,743,990 44,743,990 44,743,990 7.60% California Asset Management Program (CAMP-TERM) 11,000,000 11,000,000 11,000,000 1.87% Local Bonds 193,914 193,914 193,914 0.03% Total Other Investments 86,409,334$ 86,409,334$ 86,409,334$ 14.67% Total Investments 608,255,334$ 589,092,743$ 589,092,743$ 100.0% 3.75% Cash with Fiscal Agents
US Bank 2014 COP (Convention Center Refinancing) 3$
US Bank 2015 COP (VECC Loan) 15,174
US Bank 2003 East Visalia RDA 528,315
Accel (Workers Comp Excess Liability Deposit) 82,255
Delta Dental (Dental Prefunding) 60,700
Keenan & Associates (Workers Comp Prefunding) 488,346
Total Cash with Fiscal Agents 1,174,793$
Cash in Banks and Other Cash
Citizens Business Bank (Sweep and Operating)-estimate 10,329,823$ Petty Cash - Various City Offices 11,850
Total Cash in Banks and Other Cash 10,341,673$
Total Cash and Investments 600,609,209$
City of Visalia
Cash and Investment Summary
Quarter Ended June 30, 2024
178
Attachment #2
Investments Type Par Value Book Value Market Value Coupon Yield % of
Portfoli
o Maturity
S&P/Moody's
Credit Rating
Days to
Maturity
Federal National Mortgage Association Agency 2,000,000.00$ 1,999,780.00$ 1,999,780.00$ 1.75% 1.68% 0.34% 07/02/24 AA+ 2 American Honda Finance Corp. Corporate 2,500,000.00$ 2,496,125.00$ 2,496,125.00$ 0.55% 0.71% 0.42% 07/12/24 A- 12 Santa Clara County Muni 6,535,000.00$ 6,515,852.45$ 6,515,852.45$ 2.00% 2.73% 1.11% 08/01/24 AAA 32 Federal Home Loan Bank Agency 2,000,000.00$ 1,990,180.00$ 1,990,180.00$ 1.50% 1.45% 0.34% 08/15/24 AA+ 46 Federal Home Loan Bank Agency 2,000,000.00$ 1,999,560.00$ 1,999,560.00$ 5.50% 5.47% 0.34% 08/26/24 AA+ 57 City of Berkeley Muni 800,000.00$ 797,216.00$ 797,216.00$ 3.50% 1.95% 0.14% 09/01/24 AA+ 63 Federal Home Loan Bank Agency 2,000,000.00$ 1,989,660.00$ 1,989,660.00$ 2.88% 1.64% 0.34% 09/13/24 AA+ 75 Toyota Motor Credit Corporate 3,000,000.00$ 2,970,270.00$ 2,970,270.00$ 0.63% 1.04% 0.50% 09/13/24 A+ 75 Federal Home Loan Bank Agency 2,000,000.00$ 1,991,840.00$ 1,991,840.00$ 3.50% 4.00% 0.34% 09/13/24 AA+ 75 Federal Farm Credit Agency 2,000,000.00$ 1,994,120.00$ 1,994,120.00$ 4.25% 5.41% 0.34% 09/26/24 AA+ 88 CA ST Muni 3,000,000.00$ 2,999,340.00$ 2,999,340.00$ 5.50% 4.72% 0.51% 10/01/24 AA- 93 Anaheim Housing and Public Improvements Auth. Muni 2,500,000.00$ 2,483,700.00$ 2,483,700.00$ 2.94% 4.30% 0.42% 10/01/24 AA- 93 CA ST Muni 1,450,000.00$ 1,434,267.50$ 1,434,267.50$ 1.25% 4.00% 0.24% 10/01/24 AA- 93 Federal Home Loan Bank Agency 2,000,000.00$ 1,994,980.00$ 1,994,980.00$ 4.50% 4.83% 0.34% 10/03/24 AA+ 95 Federal National Mortgage Association Agency 3,000,000.00$ 2,969,070.00$ 2,969,070.00$ 1.63% 0.75% 0.50% 10/15/24 AA+ 107 Bank of New York Mellon Corp. Corporate 3,000,000.00$ 2,967,900.00$ 2,967,900.00$ 2.10% 0.52% 0.50% 10/24/24 A 116 Bank of New York Mellon Corp. Corporate 3,000,000.00$ 2,967,900.00$ 2,967,900.00$ 2.10% 1.93% 0.50% 10/24/24 A 116 U.S. Treasury Treasury 2,000,000.00$ 1,966,140.00$ 1,966,140.00$ 0.75% 4.31% 0.33% 11/15/24 Aaa 138 Federal Home Loan Bank Agency 2,000,000.00$ 1,998,280.00$ 1,998,280.00$ 5.30% 5.30% 0.34% 11/18/24 AA+ 141 CA State Department Water Muni 5,000,000.00$ 4,898,850.00$ 4,898,850.00$ 0.51% 1.59% 0.83% 12/01/24 AAA 154 Santa Clara Valley California Water District Muni 3,500,000.00$ 3,482,010.00$ 3,482,010.00$ 4.25% 4.25% 0.59% 12/01/24 Aa1 154 Federal Home Loan Bank Agency 2,000,000.00$ 1,976,320.00$ 1,976,320.00$ 2.75% 1.48% 0.34% 12/13/24 AA+ 166 Federal Home Loan Bank Agency 2,000,000.00$ 1,992,740.00$ 1,992,740.00$ 4.63% 4.83% 0.34% 12/13/24 AA+ 166 Federal Home Loan Bank Agency 2,000,000.00$ 1,995,800.00$ 1,995,800.00$ 5.00% 5.24% 0.34% 12/13/24 AA+ 166 State Street Corp. Corporate 3,000,000.00$ 2,969,370.00$ 2,969,370.00$ 3.30% 0.64% 0.50% 12/16/24 A 169 Federal Home Loan Bank Agency 3,000,000.00$ 2,989,590.00$ 2,989,590.00$ 4.65% 4.25% 0.51% 01/06/25 AA+ 190 Federal National Mortgage Association Agency 2,000,000.00$ 1,962,680.00$ 1,962,680.00$ 1.63% 0.36% 0.33% 01/07/25 AA+ 191 U.S. Treasury Treasury 2,000,000.00$ 1,955,200.00$ 1,955,200.00$ 1.38% 0.52% 0.33% 01/31/25 Aaa 215 Federal Home Loan Mortgage Corporation Agency 3,000,000.00$ 2,930,970.00$ 2,930,970.00$ 1.50% 0.74% 0.50% 02/12/25 AA+ 227 Toyota Motor Credit Corporate 5,000,000.00$ 4,889,000.00$ 4,889,000.00$ 1.80% 2.30% 0.83% 02/13/25 A+ 228 U.S. Treasury Treasury 2,000,000.00$ 1,959,120.00$ 1,959,120.00$ 2.00% 0.52% 0.33% 02/15/25 Aaa 230 Federal Home Loan Bank Agency 3,000,000.00$ 2,995,200.00$ 2,995,200.00$ 5.06% 5.29% 0.51% 02/25/25 AA+ 240 Federal Home Loan Bank Agency 2,000,000.00$ 1,996,260.00$ 1,996,260.00$ 5.00% 5.24% 0.34% 02/26/25 AA+ 241 Federal Farm Credit Agency 2,000,000.00$ 1,996,580.00$ 1,996,580.00$ 5.00% 5.04% 0.34% 03/10/25 AA+ 253 Federal Home Loan Bank Agency 2,000,000.00$ 1,991,800.00$ 1,991,800.00$ 4.63% 4.22% 0.34% 03/14/25 AA+ 257 U.S. Treasury Treasury 5,000,000.00$ 4,905,850.00$ 4,905,850.00$ 2.63% 2.36% 0.83% 03/31/25 Aaa 274 Bay Area Toll Authority Muni 3,000,000.00$ 2,925,780.00$ 2,925,780.00$ 2.33% 4.70% 0.50% 04/01/25 AA 275 Federal Home Loan Bank Agency 3,000,000.00$ 2,998,470.00$ 2,998,470.00$ 5.20% 5.22% 0.51% 04/09/25 AA+ 283 Federal National Mortgage Association Agency 2,000,000.00$ 1,928,520.00$ 1,928,520.00$ 0.63% 0.59% 0.33% 04/22/25 AA+ 296 Federal National Mortgage Association Agency 2,000,000.00$ 1,928,520.00$ 1,928,520.00$ 0.63% 3.15% 0.33% 04/22/25 AA+ 296 Federal National Mortgage Association Agency 2,000,000.00$ 1,928,520.00$ 1,928,520.00$ 0.63% 5.23% 0.33% 04/22/25 AA+ 296 Federal Farm Credit Agency 5,000,000.00$ 4,903,100.00$ 4,903,100.00$ 2.75% 2.75% 0.83% 04/25/25 AA+ 299 Citigroup Corporate 5,000,000.00$ 4,915,100.00$ 4,915,100.00$ 4.00% 4.00% 0.83% 05/13/25 A 317 University of California Revenue Muni 2,000,000.00$ 1,952,800.00$ 1,952,800.00$ 2.59% 4.20% 0.33% 05/15/25 AA- 319 University of California Revenue Muni 2,140,000.00$ 2,139,721.80$ 2,139,721.80$ 5.79% 5.00% 0.36% 05/15/25 AA- 319 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,990,040.00$ 1,990,040.00$ 5.05% 5.05% 0.34% 05/22/25 AA+ 326 John Deere Capital Corp. Corporate 2,000,000.00$ 1,963,480.00$ 1,963,480.00$ 3.40% 5.18% 0.33% 06/06/25 A 341 Federal Home Loan Bank Agency 2,000,000.00$ 1,916,120.00$ 1,916,120.00$ 0.63% 0.52% 0.33% 06/13/25 AA+ 348 Federal Home Loan Bank Agency 2,000,000.00$ 1,992,460.00$ 1,992,460.00$ 4.75% 4.97% 0.34% 06/13/25 AA+ 348 Federal Home Loan Bank Agency 2,000,000.00$ 1,998,860.00$ 1,998,860.00$ 5.13% 4.79% 0.34% 06/13/25 AA+ 348 Federal National Mortgage Association Agency 2,000,000.00$ 1,913,280.00$ 1,913,280.00$ 0.50% 0.46% 0.32% 06/17/25 AA+ 352 Federal Farm Credit Agency 2,000,000.00$ 1,989,520.00$ 1,989,520.00$ 4.63% 4.96% 0.34% 06/20/25 AA+ 355 Federal Farm Credit Agency 2,000,000.00$ 1,997,660.00$ 1,997,660.00$ 5.00% 5.07% 0.34% 06/25/25 AA+ 360 Citigroup Corporate 3,000,000.00$ 2,968,320.00$ 2,968,320.00$ 4.75% 4.75% 0.50% 06/30/25 A 365 Los Angeles School District Muni 3,345,000.00$ 3,210,229.95$ 3,210,229.95$ 1.25% 1.09% 0.54% 07/01/25 Aa2 366 University of California Revenue Muni 3,000,000.00$ 2,937,210.00$ 2,937,210.00$ 3.06% 4.70% 0.50% 07/01/25 AA 366 University of California Revenue Muni 3,000,000.00$ 2,937,210.00$ 2,937,210.00$ 3.06% 5.10% 0.50% 07/01/25 AA 366 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,905,500.00$ 1,905,500.00$ 0.38% 4.88% 0.32% 07/21/25 AA+ 386 JP Morgan Chase Co. Corporate 1,450,000.00$ 1,427,670.00$ 1,427,670.00$ 3.90% 1.07% 0.24% 07/15/25 A- 380 Federal Home Loan Mortgage Corporation Agency 2,996,000.00$ 2,854,439.00$ 2,854,439.00$ 0.38% 0.46% 0.48% 07/21/25 AA+ 386 Los Angeles Commty College Muni 5,000,000.00$ 4,776,050.00$ 4,776,050.00$ 0.77% 0.97% 0.81% 08/01/25 AA+ 397 Pittsburg CA Unified School District Muni 4,375,000.00$ 4,335,187.50$ 4,335,187.50$ 4.15% 5.00% 0.74% 08/01/25 A1 397 U.S. Treasury Treasury 2,000,000.00$ 1,958,040.00$ 1,958,040.00$ 3.13% 4.38% 0.33% 08/15/25 Aaa 411 Federal National Mortgage Association Agency 2,000,000.00$ 1,896,200.00$ 1,896,200.00$ 0.38% 5.14% 0.32% 08/25/25 AA+ 421 San Jose Community College District Muni 1,250,000.00$ 1,249,612.50$ 1,249,612.50$ 5.00% 4.80% 0.21% 09/01/25 AA+ 428 WalMart Inc. Corporate 3,000,000.00$ 2,956,950.00$ 2,956,950.00$ 3.90% 4.11% 0.50% 09/09/25 AA 436 John Deere Capital Corp. Corporate 2,000,000.00$ 1,956,940.00$ 1,956,940.00$ 3.40% 4.27% 0.33% 09/11/25 A 438 Federal Home Loan Bank Agency 3,000,000.00$ 2,893,140.00$ 2,893,140.00$ 1.75% 1.33% 0.49% 09/12/25 AA+ 439 Los Angeles School District Muni 5,000,000.00$ 4,779,800.00$ 4,779,800.00$ 1.54% 1.58% 0.81% 09/15/25 AA- 442 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,890,240.00$ 1,890,240.00$ 0.38% 0.44% 0.32% 09/23/25 AA+ 450 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,890,240.00$ 1,890,240.00$ 0.38% 0.90% 0.32% 09/23/25 AA+ 450 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,892,540.00$ 1,892,540.00$ 0.55% 0.55% 0.32% 09/30/25 AA+ 457 CA ST Muni 3,000,000.00$ 3,005,700.00$ 3,005,700.00$ 5.50% 4.74% 0.51% 10/01/25 AA- 458 Procter & Gamble Co. Corporate 3,000,000.00$ 2,829,750.00$ 2,829,750.00$ 0.55% 0.69% 0.48% 10/29/25 AA- 486 CA State Muni 2,000,000.00$ 1,943,000.00$ 1,943,000.00$ 3.00% 0.70% 0.33% 11/01/25 AA- 489 CA State University Muni 5,555,000.00$ 5,247,419.65$ 5,247,419.65$ 0.89% 1.63% 0.89% 11/01/25 AA- 489 Federal National Mortgage Association Agency 2,000,000.00$ 1,884,500.00$ 1,884,500.00$ 0.50% 0.68% 0.32% 11/07/25 AA+ 495 Federal National Mortgage Association Agency 2,000,000.00$ 1,884,500.00$ 1,884,500.00$ 0.50% 1.13% 0.32% 11/07/25 AA+ 495 City of Visalia
Investment Report
By Maturity Date
06/30/2024
179
City of Visalia
Investment Report
By Maturity Date
06/30/2024 (cont.)
U.S. Bancorp Corporate 3,000,000.00$ 2,943,270.00$ 2,943,270.00$ 3.95% 0.75% 0.50% 11/17/25 A 505 Federal Home Loan Bank Agency 2,000,000.00$ 1,988,400.00$ 1,988,400.00$ 4.50% 4.22% 0.34% 12/12/25 AA+ 530 Toyota Motor Credit Corporate 2,000,000.00$ 1,874,440.00$ 1,874,440.00$ 0.80% 4.85% 0.32% 01/09/26 A+ 558 Federal Farm Credit Agency 2,000,000.00$ 1,971,560.00$ 1,971,560.00$ 4.00% 4.00% 0.33% 01/13/26 AA+ 562 John Deere Capital Corp. Corporate 3,000,000.00$ 2,804,460.00$ 2,804,460.00$ 0.70% 0.74% 0.48% 01/15/26 A 564 Federal Farm Credit Agency 3,000,000.00$ 3,006,510.00$ 3,006,510.00$ 5.00% 5.03% 0.51% 01/29/26 AA+ 578 Federal Farm Credit Agency 2,000,000.00$ 1,992,920.00$ 1,992,920.00$ 4.63% 4.72% 0.34% 03/05/26 AA+ 613 Federal Farm Credit Agency 2,000,000.00$ 1,995,440.00$ 1,995,440.00$ 4.75% 4.10% 0.34% 03/09/26 AA+ 617 Charles Schwab Corp. Corporate 4,000,000.00$ 3,709,240.00$ 3,709,240.00$ 0.90% 1.04% 0.63% 03/11/26 A- 619 Federal Home Loan Bank Agency 2,000,000.00$ 1,976,620.00$ 1,976,620.00$ 4.13% 4.28% 0.34% 03/13/26 AA+ 621 CA State Muni 3,400,000.00$ 3,261,484.00$ 3,261,484.00$ 2.65% 0.97% 0.55% 04/01/26 AA- 640 CA State Muni 1,320,000.00$ 1,266,223.20$ 1,266,223.20$ 2.65% 3.18% 0.21% 04/01/26 AA- 640 Bay Area Toll Authority Muni 2,405,000.00$ 2,300,021.75$ 2,300,021.75$ 2.43% 4.90% 0.39% 04/01/26 AA 640 Bay Area Toll Authority Muni 3,000,000.00$ 2,869,050.00$ 2,869,050.00$ 2.43% 4.69% 0.49% 04/01/26 AA 640 Federal National Mortgage Association Agency 2,000,000.00$ 1,908,580.00$ 1,908,580.00$ 2.13% 4.19% 0.32% 04/24/26 AA+ 663 Federal National Mortgage Association Agency 2,000,000.00$ 1,908,580.00$ 1,908,580.00$ 2.13% 4.95% 0.32% 04/24/26 AA+ 663 Federal Farm Credit Agency 2,000,000.00$ 2,000,940.00$ 2,000,940.00$ 4.88% 4.96% 0.34% 04/24/26 AA+ 663 Amazon.Com Inc. Corporate 3,000,000.00$ 2,790,960.00$ 2,790,960.00$ 1.00% 1.02% 0.47% 05/12/26 AA 681 Federal Farm Credit Agency 2,000,000.00$ 2,007,540.00$ 2,007,540.00$ 5.00% 4.77% 0.34% 06/04/26 AA+ 704 Federal Home Loan Bank Agency 2,000,000.00$ 1,996,660.00$ 1,996,660.00$ 4.75% 4.42% 0.34% 06/12/26 AA+ 712 Federal Home Loan Bank Agency 2,000,000.00$ 1,996,660.00$ 1,996,660.00$ 4.75% 4.50% 0.34% 06/12/26 AA+ 712 John Deere Capital Corp. Corporate 1,250,000.00$ 1,157,837.50$ 1,157,837.50$ 1.05% 0.91% 0.20% 06/17/26 A 717 U.S. Treasury Treasury 3,000,000.00$ 2,782,980.00$ 2,782,980.00$ 0.88% 1.61% 0.47% 06/30/26 Aaa 730 U.S. Treasury Treasury 2,000,000.00$ 1,991,400.00$ 1,991,400.00$ 4.50% 4.22% 0.34% 07/15/26 Aaa 745 Federal Farm Credit Agency 2,000,000.00$ 1,987,300.00$ 1,987,300.00$ 4.50% 4.68% 0.34% 07/27/26 AA+ 757 U.S. Treasury Treasury 5,000,000.00$ 4,599,600.00$ 4,599,600.00$ 0.63% 2.58% 0.78% 07/31/26 Aaa 761 Los Angeles Community College District Muni 2,000,000.00$ 1,851,460.00$ 1,851,460.00$ 1.17% 2.38% 0.31% 08/01/26 AA+ 762 Fremont Unified School District Muni 5,470,000.00$ 5,017,029.30$ 5,017,029.30$ 0.83% 3.30% 0.85% 08/01/26 AA- 762 Upper Santa Clara Valley Joint Powers Authority Muni 3,700,000.00$ 3,425,275.00$ 3,425,275.00$ 1.18% 3.43% 0.58% 08/01/26 AA+ 762 San Jose Unified School District Muni 2,205,000.00$ 2,140,305.30$ 2,140,305.30$ 3.37% 3.55% 0.36% 08/01/26 AA+ 762 Mountain View School District Muni 1,015,000.00$ 951,755.35$ 951,755.35$ 1.79% 4.45% 0.16% 09/01/26 AAA 793 Federal Home Loan Bank Agency 3,000,000.00$ 2,823,870.00$ 2,823,870.00$ 1.88% 1.12% 0.48% 09/11/26 AA+ 803 Federal Home Loan Bank Agency 2,000,000.00$ 1,995,640.00$ 1,995,640.00$ 4.63% 4.62% 0.34% 09/11/26 AA+ 803 Federal National Mortgage Association Agency 2,000,000.00$ 1,880,860.00$ 1,880,860.00$ 1.88% 1.21% 0.32% 09/24/26 AA+ 816 U.S. Treasury Treasury 3,000,000.00$ 2,761,050.00$ 2,761,050.00$ 0.88% 3.02% 0.47% 09/30/26 Aaa 822 CA State Muni 3,000,000.00$ 2,834,850.00$ 2,834,850.00$ 2.38% 1.05% 0.48% 10/01/26 AA- 823 Federal Home Loan Bank Agency 2,000,000.00$ 1,998,000.00$ 1,998,000.00$ 4.63% 4.39% 0.34% 11/17/26 AA+ 870 Federal Home Loan Bank Agency 2,000,000.00$ 1,998,000.00$ 1,998,000.00$ 4.63% 4.01% 0.34% 11/17/26 AA+ 870 Federal Farm Credit Agency 3,000,000.00$ 2,969,520.00$ 2,969,520.00$ 4.25% 4.27% 0.50% 11/23/26 AA+ 876 CA State Department Water Muni 5,000,000.00$ 4,556,750.00$ 4,556,750.00$ 1.05% 1.68% 0.77% 12/01/26 AAA 884 CA State Department Water Muni 1,500,000.00$ 1,367,025.00$ 1,367,025.00$ 1.05% 4.00% 0.23% 12/01/26 AAA 884 Federal Home Loan Bank Agency 2,000,000.00$ 2,008,420.00$ 2,008,420.00$ 4.88% 4.03% 0.34% 12/11/26 AA+ 894 Federal Home Loan Bank Agency 3,000,000.00$ 2,762,340.00$ 2,762,340.00$ 1.25% 1.66% 0.47% 12/21/26 AA+ 904 Federal Home Loan Bank Agency 5,000,000.00$ 4,603,900.00$ 4,603,900.00$ 1.25% 2.70% 0.78% 12/21/26 AA+ 904 Federal Farm Credit Agency 2,000,000.00$ 1,969,600.00$ 1,969,600.00$ 4.13% 4.03% 0.33% 12/22/26 AA+ 905 Federal Farm Credit Agency 2,000,000.00$ 1,961,900.00$ 1,961,900.00$ 3.88% 4.07% 0.33% 12/23/26 AA+ 906 U.S. Treasury Treasury 2,000,000.00$ 1,970,940.00$ 1,970,940.00$ 4.00% 4.46% 0.33% 01/15/27 Aaa 929 U.S. Treasury Treasury 5,000,000.00$ 4,664,450.00$ 4,664,450.00$ 1.88% 2.37% 0.79% 02/28/27 Aaa 973 Federal Home Loan Bank Agency 3,000,000.00$ 2,994,150.00$ 2,994,150.00$ 4.50% 4.01% 0.51% 03/12/27 AA+ 985 Federal Home Loan Bank Agency 2,000,000.00$ 1,996,100.00$ 1,996,100.00$ 4.50% 4.70% 0.34% 03/12/27 AA+ 985 Federal Home Loan Bank Agency 2,000,000.00$ 1,996,100.00$ 1,996,100.00$ 4.50% 4.82% 0.34% 03/12/27 AA+ 985 Federal Home Loan Bank Agency 2,000,000.00$ 1,996,100.00$ 1,996,100.00$ 4.50% 4.86% 0.34% 03/12/27 AA+ 985 Federal Home Loan Bank Agency 2,000,000.00$ 2,005,680.00$ 2,005,680.00$ 4.75% 4.80% 0.34% 04/09/27 AA+ 1013 Amazon.Com Inc. Corporate 5,000,000.00$ 4,794,700.00$ 4,794,700.00$ 3.30% 3.38% 0.81% 04/13/27 AA 1017 Federal Farm Credit Agency 5,000,000.00$ 4,773,900.00$ 4,773,900.00$ 2.88% 2.88% 0.81% 04/26/27 AA+ 1030 San Diego County Water Authority Muni 2,570,000.00$ 2,327,237.80$ 2,327,237.80$ 1.17% 4.55% 0.40% 05/01/27 AAA 1035 University of California Revenue Muni 1,600,000.00$ 1,503,712.00$ 1,503,712.00$ 2.56% 5.00% 0.26% 05/15/27 AA- 1049 University of California Revenue Muni 2,000,000.00$ 1,816,240.00$ 1,816,240.00$ 1.32% 4.69% 0.31% 05/15/27 AA 1049 University of California Revenue Muni 2,000,000.00$ 1,816,240.00$ 1,816,240.00$ 1.32% 4.00% 0.31% 05/15/27 AA 1049 University of California Revenue Muni 2,000,000.00$ 1,816,380.00$ 1,816,380.00$ 1.37% 3.90% 0.31% 05/15/27 AA 1049 Torrance CA Joint Powers Authority Muni 1,030,000.00$ 937,207.30$ 937,207.30$ 1.71% 4.85% 0.16% 06/01/27 AA 1066 Chula Vista Pension Obligation Muni 2,660,000.00$ 2,382,934.40$ 2,382,934.40$ 1.16% 4.80% 0.40% 06/01/27 AA 1066 Federal Home Loan Bank Agency 2,000,000.00$ 1,972,900.00$ 1,972,900.00$ 4.13% 4.23% 0.33% 06/11/27 AA+ 1076 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,996,600.00$ 1,996,600.00$ 5.20% 5.20% 0.34% 06/11/27 AA+ 1076 Federal Home Loan Bank Agency 2,000,000.00$ 2,002,300.00$ 2,002,300.00$ 4.63% 4.51% 0.34% 06/11/27 AA+ 1076 Southern CA Public Power Authority Muni 2,000,000.00$ 1,995,520.00$ 1,995,520.00$ 4.11% 5.10% 0.34% 07/01/27 AA- 1096 Anaheim CA Public Financing Authority Muni 3,000,000.00$ 2,747,700.00$ 2,747,700.00$ 2.09% 5.53% 0.47% 07/01/27 AA 1096 U.S. Treasury Treasury 3,000,000.00$ 2,848,590.00$ 2,848,590.00$ 2.75% 4.20% 0.48% 07/31/27 Aaa 1126 U.S. Treasury Treasury 2,000,000.00$ 1,764,060.00$ 1,764,060.00$ 0.38% 4.08% 0.30% 07/31/27 Aaa 1126 San Joaquin California Community College Dist. Muni 2,500,000.00$ 2,261,175.00$ 2,261,175.00$ 1.43% 4.69% 0.38% 08/01/27 Aa2 1127 San Bernardino CA Community College Dist. Muni 1,455,000.00$ 1,327,498.35$ 1,327,498.35$ 1.61% 4.10% 0.23% 08/01/27 AA 1127 San Ramon Valley Unified School District Muni 3,445,000.00$ 3,117,242.70$ 3,117,242.70$ 1.44% 4.00% 0.53% 08/01/27 AA+ 1127 Campbell CA Unified High School District Muni 1,875,000.00$ 1,673,043.75$ 1,673,043.75$ 1.04% 4.70% 0.28% 08/01/27 AAA 1127 Gavilan CA Community College District Muni 2,225,000.00$ 2,024,950.25$ 2,024,950.25$ 1.51% 4.80% 0.34% 08/01/27 AA 1127 180
City of Visalia
Investment Report
By Maturity Date
06/30/2024 (cont.)
U.S. Treasury Treasury 3,000,000.00$ 2,803,020.00$ 2,803,020.00$ 2.25% 2.97% 0.48% 08/15/27 Aaa 1141 U.S. Treasury Treasury 2,000,000.00$ 1,868,680.00$ 1,868,680.00$ 2.25% 4.20% 0.32% 08/15/27 Aaa 1141 Amazon.Com Inc. Corporate 5,000,000.00$ 4,747,700.00$ 4,747,700.00$ 3.15% 4.11% 0.81% 08/22/27 AA 1148 Federal Home Loan Bank Agency 2,000,000.00$ 1,992,540.00$ 1,992,540.00$ 4.50% 4.71% 0.34% 09/10/27 AA+ 1167 Federal Farm Credit Agency 2,000,000.00$ 1,988,160.00$ 1,988,160.00$ 4.38% 3.77% 0.34% 09/15/27 AA+ 1172 Toyota Motor Credit Corporate 2,000,000.00$ 1,975,480.00$ 1,975,480.00$ 4.55% 4.70% 0.34% 09/20/27 A+ 1177 Federal National Mortgage Association Agency 2,000,000.00$ 1,770,060.00$ 1,770,060.00$ 0.75% 4.40% 0.30% 10/08/27 AA+ 1195 Federal National Mortgage Association Agency 2,000,000.00$ 1,770,060.00$ 1,770,060.00$ 0.75% 4.07% 0.30% 10/08/27 AA+ 1195 CA State University Muni 3,000,000.00$ 2,684,040.00$ 2,684,040.00$ 1.36% 4.45% 0.46% 11/01/27 AA- 1219 Federal Farm Credit Agency 2,000,000.00$ 1,992,580.00$ 1,992,580.00$ 4.50% 4.38% 0.34% 11/23/27 AA+ 1241 Amazon.Com Inc. Corporate 3,000,000.00$ 2,977,710.00$ 2,977,710.00$ 4.55% 4.83% 0.51% 12/01/27 AA 1249 Federal Home Loan Bank Agency 2,000,000.00$ 1,982,240.00$ 1,982,240.00$ 4.25% 4.03% 0.34% 12/10/27 AA+ 1258 Federal Farm Credit Agency 2,000,000.00$ 1,948,520.00$ 1,948,520.00$ 3.75% 4.00% 0.33% 12/22/27 AA+ 1270 John Deere Capital Corp. Corporate 2,000,000.00$ 1,992,374.98$ 1,992,374.98$ 4.75% 4.64% 0.34% 01/20/28 A 1299 CA ST Muni 2,000,000.00$ 1,798,800.00$ 1,798,800.00$ 1.70% 4.70% 0.31% 02/01/28 AA- 1311 Apple Inc. Corporate 5,000,000.00$ 4,421,450.00$ 4,421,450.00$ 1.20% 4.67% 0.75% 02/08/28 AA+ 1318 JP Morgan Chase Co. Corporate 3,000,000.00$ 2,968,860.00$ 2,968,860.00$ 5.20% 5.21% 0.50% 02/28/28 A- 1338 Federal Farm Credit Agency 2,000,000.00$ 1,991,420.00$ 1,991,420.00$ 4.38% 4.20% 0.34% 02/28/28 AA+ 1338 CA ST Muni 3,000,000.00$ 2,870,400.00$ 2,870,400.00$ 3.50% 3.95% 0.49% 04/01/28 AA- 1371 CA ST Muni 3,000,000.00$ 2,870,400.00$ 2,870,400.00$ 3.50% 4.52% 0.49% 04/01/28 AA- 1371 CA ST Public Works Board Lease Revenue Muni 3,000,000.00$ 2,983,440.00$ 2,983,440.00$ 4.86% 4.87% 0.51% 04/01/28 A+ 1371 U.S. Treasury Treasury 2,000,000.00$ 1,777,040.00$ 1,777,040.00$ 1.25% 4.70% 0.30% 04/30/28 Aaa 1400 JP Morgan Chase Co. Corporate 2,000,000.00$ 1,940,880.00$ 1,940,880.00$ 5.25% 5.25% 0.33% 05/30/28 A- 1430 Federal Farm Credit Agency 2,000,000.00$ 2,000,740.00$ 2,000,740.00$ 4.50% 4.42% 0.34% 06/07/28 AA+ 1438 Federal Home Loan Bank Agency 2,000,000.00$ 1,944,120.00$ 1,944,120.00$ 4.00% 4.06% 0.33% 06/30/28 AA+ 1461 U.S. Treasury Treasury 2,000,000.00$ 1,746,960.00$ 1,746,960.00$ 1.00% 4.04% 0.30% 07/31/28 Aaa 1492 Desert CA Community College District Muni 2,000,000.00$ 1,807,080.00$ 1,807,080.00$ 2.02% 4.85% 0.31% 08/01/28 AA 1493 Desert CA Community College District Muni 1,500,000.00$ 1,355,310.00$ 1,355,310.00$ 2.02% 4.15% 0.23% 08/01/28 AA 1493 Los Angeles Community College District Muni 1,955,000.00$ 1,758,170.60$ 1,758,170.60$ 1.61% 5.12% 0.30% 08/01/28 AA+ 1493 San Ramon Valley Unified School District Muni 1,730,000.00$ 1,537,675.90$ 1,537,675.90$ 1.67% 4.20% 0.26% 08/01/28 AA+ 1493 Santa Moncia CA Unified School District Muni 3,760,000.00$ 3,298,422.40$ 3,298,422.40$ 1.20% 4.15% 0.56% 08/01/28 AA+ 1493 San Jose Successor Agency Muni 3,000,000.00$ 2,805,720.00$ 2,805,720.00$ 3.13% 4.45% 0.48% 08/01/28 AA 1493 Solano County Community College District Muni 540,000.00$ 477,100.80$ 477,100.80$ 1.48% 4.84% 0.08% 08/01/28 AA 1493 Apple Inc. Corporate 3,000,000.00$ 2,640,720.00$ 2,640,720.00$ 1.40% 4.15% 0.45% 08/05/28 AA+ 1497 Federal Farm Credit Agency 2,000,000.00$ 2,000,960.00$ 2,000,960.00$ 4.50% 4.32% 0.34% 08/28/28 AA+ 1520 Murrita Valley CA Unified School District Muni 2,990,000.00$ 2,644,415.80$ 2,644,415.80$ 1.56% 4.70% 0.45% 09/01/28 Aa2 1524 Federal Home Loan Bank Agency 2,000,000.00$ 1,993,280.00$ 1,993,280.00$ 4.38% 4.64% 0.34% 09/08/28 AA+ 1531 Federal Farm Credit Agency 2,000,000.00$ 2,003,180.00$ 2,003,180.00$ 4.50% 4.73% 0.34% 09/22/28 AA+ 1545 CA ST Muni 5,000,000.00$ 5,035,450.00$ 5,035,450.00$ 5.00% 5.00% 0.85% 10/01/28 AA- 1554 CA Municipal Finance Authority Muni 500,000.00$ 453,735.00$ 453,735.00$ 2.44% 4.88% 0.08% 10/01/28 A1 1554 Federal Farm Credit Agency 3,000,000.00$ 3,004,650.00$ 3,004,650.00$ 5.52% 5.52% 0.51% 10/20/28 AA+ 1573 Los Angeles CA Muni 2,230,000.00$ 1,949,020.00$ 1,949,020.00$ 1.65% 4.44% 0.33% 11/01/28 AA- 1585 Federal Home Loan Bank Agency 2,000,000.00$ 2,027,680.00$ 2,027,680.00$ 4.75% 3.83% 0.34% 12/08/28 AA+ 1622 Federal Home Loan Bank Agency 1,980,000.00$ 2,007,403.20$ 2,007,403.20$ 4.75% 4.08% 0.34% 12/08/28 AA+ 1622 Federal Farm Credit Agency 2,000,000.00$ 1,986,040.00$ 1,986,040.00$ 4.25% 3.80% 0.34% 12/15/28 AA+ 1629 John Deere Capital Corp. Corporate 2,000,000.00$ 1,966,040.00$ 1,966,040.00$ 4.50% 4.44% 0.33% 01/16/29 A 1661 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,992,240.00$ 1,992,240.00$ 4.38% 4.52% 0.34% 02/09/29 AA+ 1685 Federal Home Loan Bank Agency 2,000,000.00$ 2,008,400.00$ 2,008,400.00$ 4.50% 4.11% 0.34% 03/09/29 AA+ 1713 Federal Home Loan Bank Agency 2,000,000.00$ 2,008,400.00$ 2,008,400.00$ 4.50% 4.68% 0.34% 03/09/29 AA+ 1713 Federal Home Loan Bank Agency 2,000,000.00$ 2,018,820.00$ 2,018,820.00$ 4.63% 4.72% 0.34% 03/09/29 AA+ 1713 Blackrock Funding Inc. Corporate 2,000,000.00$ 1,991,340.00$ 1,991,340.00$ 4.70% 4.74% 0.34% 03/14/29 AA- 1718 CA ST Muni 4,640,000.00$ 4,310,281.60$ 4,310,281.60$ 3.05% 4.82% 0.73% 04/01/29 AA- 1736 Federal Farm Credit Agency 2,000,000.00$ 1,998,460.00$ 1,998,460.00$ 4.38% 4.69% 0.34% 04/10/29 AA+ 1745 Total Investments 521,846,000.00$ 502,683,409.58$ 502,683,409.58$ 85.3% Other Investments
Local Agency Investment Funds (LAIF) LAIF 6,780,506.66$ 6,780,506.66$ 6,780,506.66$ 4.36% 4.36% 1.2% 06/30/24 N/A - Local Agency Investment Funds (LAIF) - COVID LAIF 23,690,922.62$ 23,690,922.62$ 23,690,922.62$ 4.36% 4.36% 4.0% 06/30/24 N/A - California Asset Management Program (CAMP) CAMP 44,743,990.47$ 44,743,990.47$ 44,743,990.47$ 5.43% 5.43% 7.6% 06/30/24 N/A - California Asset Management Program (TERM) TERM 11,000,000.00$ 11,000,000.00$ 11,000,000.00$ 5.58% 5.58% 1.9% 07/01/24 N/A 1 Orchard Walk West Bond 90,000.00$ 90,000.00$ 90,000.00$ 6.75% 6.75% 0.0% 06/01/26 N/A 701 Atwood Water Main District Bond 63,593.53$ 63,593.53$ 63,593.53$ 4.00% 4.00% 0.0% 09/02/30 N/A 2255 Laura Water Main District Bond 40,320.26$ 40,320.26$ 40,320.26$ 4.00% 4.00% 0.0% 09/02/30 N/A 2255 Total Other Investments 86,409,333.54$ 86,409,333.54$ 86,409,333.54$ 14.7% Total Portfolio Holdings 608,255,333.54$ 589,092,743.12$ 589,092,743.12$ 3.75% 100.0% 181
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0389 Agenda Date: 10/7/2024 Agenda #: 11.
Agenda Item Wording:
Award Design Services Contract - Authorize the City Manager to execute a professional services agreement with 4Creeks, Inc., as a sole-source provider, for the design of the expansion and remodel of the clubhouse at the Valley Strong Stadium, in the amount of $420,000; to procure limited construction materials through 4Creeks during the design phase in an amount up to $1,100,000; and to appropriate $4,342,028 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; [email protected] Christopher Crawford, City Engineer, 713-4331; [email protected] Jason Huckleberry, Eng & Bldg Director, 713-4495; [email protected] Department Recommendation:
Staff recommends that the City Council authorize the City Manager to execute a professional services agreement with 4Creeks, Inc., as a sole-source provider, for the design of the expansion and remodel of the clubhouse at the Valley Strong Stadium, in the amount of $420,000; to procure limited construction materials through 4Creeks during the design phase in an amount up to $1,100,000; and to appropriate $4,342,028 from the baseball fund which is subsidized by the general fund (001). Staff will transfer the appropriation amount into the Baseball Fund with the budget approval.
Background Discussion:
This project will expand and retrofit the existing clubhouse at the Valley Strong Stadium (Recreation Park Baseball Stadium) to comply with Minor/Major League Baseball (MiLB/MLB) requirements. The existing 6,200 square foot (SF) clubhouse does not meet current space and use requirements. In 2021, Ewing Cole prepared an audit report of the ballpark which graded the facilities, including the clubhouse, to determine if they are in compliance. Several features around the park received grades less than the standard cutoff, including the clubhouse. The clubhouse requires improvements to the home & visiting club facilities, as well as improvements to the weight room and pitching tunnel. The proposed improvements will expand the existing clubhouse to 7,490 SF, demolish the existing 1,920 SF pitching tunnel, and replace it with a 5,800 SF pitching facility. The new pitching facility will include a 4,400 SF tunnel, with the remaining space allocated for a weight room, equipment storage room, and team storage room (MLB club). The project will also include all required site improvements, including ADA upgrades, electrical and plumbing upgrades, fire department upgrades, and solid waste improvements.
MiLB/MLB has established an aggressive schedule for the completion of these improvements. All Visalia City Council Printed on 10/4/2024Page 1 of 6
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File #: 24-0389 Agenda Date: 10/7/2024 Agenda #: 11.
MiLB/MLB has established an aggressive schedule for the completion of these improvements. All work must be complete by March 2026, before the start of the 2026 baseball season, which means that this project must be urgently expedited to meet the MiLB/MLB schedule. If the project is not complete by the given deadline, the MiLB/MLB will impose costly fines on the Rawhide.
In response to the audit, in 2022, the Rawhide independently hired 4Creeks to help create cost effective, conceptual clubhouse & pitching tunnel layouts to meet the new MiLB/MLB requirements. 4Creeks worked extensively with the Rawhide staff to develop and refine a floor plan for the clubhouse & pitching tunnel facility which adheres to the MiLB/MLB requirements and meets the local Rawhide needs. See Attachment 2 for the MiLB/MLB approved floor plan. In addition, they worked judiciously to find creative ways to reduce the anticipated construction costs. Initial construction cost estimates for the clubhouse and pitching tunnel improvements were developed for the Rawhide by a different consultant (early in 2022) and indicated that the improvements would cost approximately $5.7 million, excluding contingencies and support costs. Subsequently, the Rawhide began to work with 4Creeks to provide value engineering and find ways to reduce the cost. Through those efforts the anticipated construction cost was decreased to approximately $3.7 million in 2022 dollars, excluding contingencies and support costs. The current estimated construction cost is $3,753,000. 4Creeks has been involved with this project since 2022, through their relationship with the Rawhide, and they have developed a distinct awareness of the major deadline established by the MiLB/MLB, and the importance of meeting that timeframe. As such, their schedule proposes to split the two facilities into two phases, which will allow construction to occur around the Rawhide’s2025 play season. Phase 1 includes completing and permitting the Construction Documents for the pitching facility by March 2025, with construction starting immediately afterwards, and concluding by November 2025. Phase 2 includes completing and permitting the Construction Documents for the clubhouse by July 2025, with selective demolition of the pitching tunnel starting in August 2025, followed by the remodel & expansion of the clubhouse between September 2025 to March 2026. This 17-month schedule is very aggressive, given the need to work around the Rawhide Team’s2025 play season, but 4Creeks is confident that they can accomplish it.
In addition to the fast-tracked design and permitting of the new facilities, there are a couple of other critical aspects required to meet the aggressive Clubhouse schedule. The first is the elimination of the procurement process for the construction phase. The construction procurement phase typically adds approximately 6 months to a project like this, making it impossible to meet the March 2026 construction completion deadline. 4Creeks has the ability to provide turn-key design and construction services, known as Design-Build, and has included this option in their proposed schedule. At this time, they have submitted a scope of work and fee for the design phase of the project only; they will submit a construction cost proposal for the complete project after the 60% design phase, when they have a solid understanding of what the final design will include. The City will then have the option to accept the proposed construction fee, or to issue the PS&E package for additional bids. See Attachment 3 for the 4Creeks schedule, which includes the sole-source procurement and contracting for the construction of the clubhouse facility (Design-Build). The second critical aspect is the procurement of long-lead construction items. 4Creeks has identified the following four items to be purchased during the design phase, in order to have them ready to install as soon as the construction starts:
TABLE 1
SELECT MATERIALS COST ESTIMATE
Pre-Construction Procurement Items
1. Batting Cage Metal Building
$474,000
2. HVAC
$470,000
3. 600 Amp Panel
$35,000
4. 200 Amp Panel Batting Cage
$10,000
Subtotal
$989,000
Contingency
$111,000
Total
$1,100,000
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File #: 24-0389 Agenda Date: 10/7/2024 Agenda #: 11.
TABLE 1
SELECT MATERIALS COST ESTIMATE
Pre-Construction Procurement Items
1. Batting Cage Metal Building
$474,000
2. HVAC
$470,000
3. 600 Amp Panel
$35,000
4. 200 Amp Panel Batting Cage
$10,000
Subtotal
$989,000
Contingency
$111,000
Total
$1,100,000
Staff requests authorization to procure the listed items through 4Creeks, up to the maximum total amount shown of $1,100,000. Staff will return to the City Council for further direction, should the cost exceed the indicated maximum amount. In addition, since these items will be procured prior to the award of construction, these costs will not be included in the proposed construction bid amount by 4Creeks. And, if 4Creeks is not the successful contractor, the pre-purchased materials will be delivered to the City of Visalia for use by the successful contractor. It should be noted that the amount show above is included in the overall Project Budget shown in Table 3.
As a local consultant, 4Creeks has worked on many different projects within the City of Visalia, including work on private land development projects and City of Visalia capital improvement projects.
They are well versed in the City’s processes and requirements, meaning that they can swiftly navigate those to keep the project on schedule. They are also keenly aware that this facility is owned by the City of Visalia, and as such, they will provide a design that includes all tasks and services required to deliver a complete, functioning, fully code compliant construction bid package (plans, specifications, and estimates - PS&E), to the satisfaction of the City of Visalia, the Rawhide, and MiLB/MLB. Since 4Creeks has gone through an arduous preliminary process to develop the proposed site layout and estimated construction costs, they are uniquely positioned to help the City of Visalia and the Rawhide to deliver the project on time and within budget. Following is a summary of the proposed scope of work for the Design & Permitting Phase only. They will provide a separate proposed construction fee sometime after the 60% submittal package. See Attachment 4 for the full 4Creeks Scope of Work, including Task descriptions and applicable exclusions.
TABLE 2
4CREEKS
SCOPE OF WORK & FEES
Design & Permitting Phase
No.
TASK
COST
1 Utility Research & Coordination
$12,000
2 Geotechnical Engineering
$5,700
3 Schematic Design
$16,000
4 Architectural Design Development
$57,600
5 Civil Improvement Plans
$39,500
6 Landscape Permit Documents
$3,000
7 Architectural Permit Documents
$83,000
8 Interior Design & Procurement
$32,300
9 Structural Permit Documents
$27,500
10 Mechanical & Plumbing Permit Documents
$27,800
11 Electrical Permit Documents
$46,000
12 Fire Protection Permit Documents
$2,600
13 Permitting
$8,500
14 Construction Observation
$38,500
15 Preconstruction Services
$20,000
Total
$420,000
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File #: 24-0389 Agenda Date: 10/7/2024 Agenda #: 11.
TABLE 2
4CREEKS
SCOPE OF WORK & FEES
Design & Permitting Phase
No.
TASK
COST
1 Utility Research & Coordination
$12,000
2 Geotechnical Engineering
$5,700
3 Schematic Design
$16,000
4 Architectural Design Development
$57,600
5 Civil Improvement Plans
$39,500
6 Landscape Permit Documents
$3,000
7 Architectural Permit Documents
$83,000
8 Interior Design & Procurement
$32,300
9 Structural Permit Documents
$27,500
10 Mechanical & Plumbing Permit Documents
$27,800
11 Electrical Permit Documents
$46,000
12 Fire Protection Permit Documents
$2,600
13 Permitting
$8,500
14 Construction Observation
$38,500
15 Preconstruction Services
$20,000
Total
$420,000
4Creeks developed the proposed layouts in compliance with MiLB/MLB requirements; they identified value engineering opportunities to significantly cut the construction costs; and they have included a creative & rigorous schedule in their proposed scope of work, which will meet the City’s, the Rawhide’s,and MiLB/MLB’sobjectives. Opening up the design of the expansion and remodel of the clubhouse for a City standard procurement process will add a minimum of 3 months to the schedule, in order to issue the Request for Proposals (RFP), rank and interview the consultants, negotiate with the consultant, award the design, and execute the agreements. Once the consultant is hired, another 2 to 3 months will be spent familiarizing them with the project and starting the Schematic Design phase. This process alone will impact the schedule by up to 6 months, not including the construction procurement time (another 6 months) that is required through a standard Design-Bid-Build process and the purchase of long-lead construction materials. If the City requires that either one of these standard Design-Bid-Build procurement processes be included in the project, the project will not be complete by the March 2026 deadline. At this time, staff recommends award of the design & permitting contract to 4Creeks as a sole-source provider, since they have integral knowledge and expertise related to the project; and authorization to pre-purchase the long-lead items listed. Staff will Visalia City Council Printed on 10/4/2024Page 4 of 6
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File #: 24-0389 Agenda Date: 10/7/2024 Agenda #: 11.
expertise related to the project; and authorization to pre-purchase the long-lead items listed. Staff will return at a future date with a recommendation regarding the possible award for construction.
Fiscal Impact:
The total budget for completion of this project is estimated at $5,235,000, (including a 15% construction contingency) which is greater than the $4,342,028 amount included in the agreement between the City of Visalia and First Pitch. This budget amount includes the $420,000 to be awarded to 4Creeks for the Design, $11,500 previously awarded to 4Creeks for a topographic survey, the pre- purchase of the long lead items, construction costs, contingency, permitting fees, and other consultant costs (construction manager, materials testing, and staking services). At this time, staff requests an appropriation of $4,342,028 from the baseball fund which is subsidized by the general fund. This will keep the budget within the previously agreed to amounts. If needed, staff will return to the City Council for additional direction after the design progresses, and the budget numbers are refined. The estimated budget is further broken down in the Table 3:
TABLE 3
Estimated Budget
1570-72000/CP0758-999
Valley Strong
Stadium
Clubhouse and Pitching Tunnel
Design
Cost
4Creeks Previously Awarded Topographic Survey Services
$11,500
4Creeks Design Services (this Award)
$420,000
Contingency
$75,100
Design Subtotal:
$506,600
Construction
Construction
(includes pre-purchase of select long-lead items, estimated at a maximum of $1,100,000)
$3,753,000
Construction Contingency
(15%)
$563,000
Construction Subtotal:
$4,316,000
Construction Support
Consultant Construction Manager
$300,200
Construction Staking
$37,500
Material Testing/Special Inspection
$75,100
Construction Support Subtotal
$412,800
Estimated
Project Cost
$5,235,000
Amount Available per Contract
$4,342,028
Appropriation Request
$4,342,028
Potential Deficit
($892,972)
It should be noted that the City of Visalia - First Pitch agreement includes $3,314,670 for the outfield Visalia City Council Printed on 10/4/2024Page 5 of 6
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File #: 24-0389 Agenda Date: 10/7/2024 Agenda #: 11.
It should be noted that the City of Visalia - First Pitch agreement includes $3,314,670 for the outfield fence, padding, batter’seye, and LED lighting upgrades. Currently, the total estimated budget for those items is $2,201,200, leaving a potential surplus of $1,113,470 from those items. Staff will return at a later date to request authorization to award the construction of the clubhouse & pitching tunnel project and will provide an updated budget estimate at that time. For that reason, staff only requests that the amount in the agreement, $4,342,028 be appropriated now and that staff transfer cash into the Baseball Fund in the amount of the budget appropriation.
Prior Council Action:
None.
Alternatives: None recommended.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to execute a professional services agreement with 4Creeks, Inc., as a sole-source provider, for the design of the expansion and remodel of the clubhouse at the Valley Strong Stadium, in the amount of $420,000; to procure limited construction materials through 4Creeks during the design phase in an amount up to $1,100,000; and to appropriate $4,342,028 from the baseball fund.
CEQA Review: Environmental Document No. 2024-18, Notice of Exemption was filed at the Tulare County Assessor/Cleark-Recorder’s Office on May 9, 2024.
Attachments:
1. Location Map
2. MiLB/MLB approved floor plan
3. 4Creeks schedule
4. 4Creeks scope of work, including applicable exclusions
5. Ownership Disclosure
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MAIN
MURRAY
CENTER
HALL
GOSHEN
PARK
GIDDINGS
CONYER
OAK
GROVE
JACOB
RINALDI
SCHOOL
SWITZER
TURNER
SIERRA
DOLLNER
STEVENSON
ACEQUIA
BURREL
M
ARTIN
RACE
DUDLEY
PRIVATE
LINDEN
DUDLEY
OAK
TURNER
GROVE
STEVENSON
HALL
SCHOOL
OAK
GIDDINGS
CONYER
JACOB
HALL
CONYER
STEVENSON
STEVENSON
MILL CREEK
MILL CREEK
·
PROJECT LOCATION
188
189
190
ID Task Name Duration Start Finish
0 Rawhide Stadium Remodel 400 days Tue 10/1/24 Mon 4/13/26 1 City Permit Review and Approvals 210 days Tue 10/1/24 Mon 7/21/25 2 Prepare Construction Documents (Batting Cage) 60 days Tue 10/1/24 Mon 12/23/24 3 City of Visalia: approval of design, construction permit (Batting Cage)
60 days Tue 12/24/24 Mon 3/17/25
4 Prepare Construction Documents (Clubhouse) 120 days Tue 10/1/24 Mon 3/17/25 5 City of Visalia: approval of design, construction permit (Clubhouse)
90 days Tue 3/18/25 Mon 7/21/25
6 25-26 Batting Cage Construction 171 days Tue 3/18/25 Tue 11/11/25 7 Sole Source Procurement and Contracting 20 days Tue 3/18/25 Mon 4/14/25 8 Demolition and Removal (New Batting Cage Area) 20 days Tue 3/18/25 Mon 4/14/25 9 Site Prep and Underground relocations 20 days Tue 4/15/25 Mon 5/12/25 10 Construct Hitting Facility 110 days Tue 5/13/25 Tue 10/21/25 11 Punchlist / Clean Up 15 days Wed 10/22/25 Tue 11/11/25 12 Phase 1 Construction Complete 0 days Tue 11/11/25 Tue 11/11/25 13 25-26 Clubhouse Construction 190 days Tue 7/22/25 Mon 4/13/26 14 Contractor Procurement and Prep for Construction 20 days Tue 7/22/25 Mon 8/18/25 15 Selective Demolition and Removal (Buildings/Existing Batting Cage)
15 days Tue 8/19/25 Mon 9/8/25
16 Site Prep and Underground relocations 20 days Tue 9/9/25 Mon 10/6/25 17 Remodel/Expand Home & Visitor Locker Room / Building 140 days Tue 9/9/25 Mon 3/23/26 18 Punchlist / Clean Up 15 days Tue 3/24/26 Mon 4/13/26 19 Construction Complete 0 days Mon 4/13/26 Mon 4/13/26 Rawhide Stadium Remodel
City Permit Review and Approvals
10/1 12/23
Prepare Construction Documents (Batting Cage)
12/24 3/17
City of Visalia: approval of design, construction permit (Batting Cage) 10/1 3/17
Prepare Construction Documents (Clubhouse)
3/18 7/21
City of Visalia: approval of design, construction permit (Clubhouse) 25-26 Batting Cage Construction
3/18 4/14
Sole Source Procurement and Contracting
3/18 4/14
Demolition and Removal (New Batting Cage Area)
4/15 5/12
Site Prep and Underground relocations
5/13 10/21
Construct Hitting Facility
10/22 11/11
Punchlist / Clean Up
11/11
Phase 1 Construction Complete
25-26 Clubhouse Construction
7/22 8/18
Contractor Procurement and Prep for Construction
8/19 9/8
Selective Demolition and Removal (Buildings/Existing Batting Cage) 9/9 10/6
Site Prep and Underground relocations
9/9 3/23
Remodel/Expand Home & Visitor Locker Room / Building
3/24 4/13
Punchlist / Clean Up
4/13
Construction Complete
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Task
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Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
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Manual Progress