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 21, 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:
Administration:
Jennifer Gomez, Chief Deputy City Clerk
Administrative Services:
Joey Gallardo, Community Outreach Coordinator
24-0445
2. Presentation of Solid Waste Recycling Updates - Presentation of Solid Waste Recycling statistics.
24-0434
3. Presentation and authorization for Solid Waste Dump On Us program changes. The City’s Solid Waste Department is seeking input and authorization from Council on proposed changes to the frequency and alternatives to Dump On Us event dates.
24-0443
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM
PLEDGE OF ALLEGIANCE
1 Visalia City Council Meeting Agenda - Final October 21, 2024
INVOCATION
SPECIAL PRESENTATION / RECOGNITION
1. Haunt the Home Award Presentation 24-0444
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. 24-0394
2. Accept and Appropriate Grant - Accept and appropriate $3,000,000 of Encampment Resolution Funding Round 3 for operational funds for the Visalia Navigation Center on N. Court to provide interim shelter, and a combination of capital and operational funds for the Majestic Gardens on W. Noble to provide permanent supportive housing for people living in targeted encampments.
24-0315
3. Purchase a compact pickup truck for the Wastewater
Pretreatment Division - Approve the purchase of a compact pickup truck for the Wastewater Pretreatment Division from Giant Chevrolet in the amount of $34,227.50 and appropriate $38,000 from the Wastewater Fund.
24-0368
4. Park Notice of Completion - Request authorization to file a Notice of Completion for Whitendale Park Arbor Replacement Project, 500 W.
Beech Ave, Visalia, CA.
24-0400
2 Visalia City Council Meeting Agenda - Final October 21, 2024
5. RFB Award & Appropriation of Funds: Authorize the City Manager to award the construction contract with A-C Electric Company for traffic signal improvements at the intersection of St.
Johns Parkway and Burke Street, in the amount of $1,135,767.80; authorize an additional appropriation of CMAQ funds in the amount of $70,000; authorize an additional appropriation of Measure R Regional funds in the amount of $565,000 and authorize
amendment to the Measure R Supplemental Agreement.
24-0411
6. Authorization to Award Contracts for License Plate Readers - Authorize the City Manager to award a four (4) year sole source contract to Flock Group, Inc. in the amount of $300,000 for Flock Fixed Automatic License Plate Readers (ALPR).
24-0415
7. Construction Management Services Contract Award - Authorize the City Manager to execute an agreement with NV5, Inc. to provide construction management services for two City projects 1) Shirk Street Capacity Enhancement Project from School Ave to Riggin Ave and 2) Riggin Avenue Widening Project from Kelsey St to Shirk St in the amount of $545,707.60 & $259,369.23
respectively, combined total of $805,076.83.
24-0422
8. Authorization to Accept Technical Assistance Voucher - Authorization for the Public Works Department to accept a Technical Assistance Voucher for the U.S. Dept. of Energy’s Energy Efficiency and Conservation Block Grant in the amount of $182,320.00 to develop a comprehensive energy efficiency and energization audit of the Water Reclamation Facility.
24-0423
9. Appointment of Committee Member - Request to appoint Erick Arriaga to a partial first term on the Historic Preservation Advisory Committee.
24-0431
10. Approve Agreement with California Dairies, Inc. - Approve the agreement with California Dairies, Inc. (CDI) to allow them to increase their permitted wastewater discharge flow capacity and decrease their biochemical oxygen demand under their Industrial Discharge Permit utilizing a fee exchange.
24-0442
11. Ordinance Adoption - Second reading and adoption of Ordinance 2024-10 amending Visalia Municipal Code Section 9.16 Graffiti. 24-0447
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.
3 Visalia City Council Meeting Agenda - Final October 21, 2024
1. Formation of Underground Utility District - Conduct public hearing and adopt resolution for the formation of an underground utility district along Goshen Avenue, east of Burke Street; Resolution No. 2024-62 required.
24-0350
2. Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission’s approval of a request by the City of Visalia, pursuant to Municipal Code section
17.38.040, to revoke Conditional Use Permit No. 2011-18, which allows live entertainment and dancing in conjunction with Downtown Rookies Sports Bar and Grill located at 215 East Main Street, in the D-MU (Downtown Mixed Use) Zone (APN:
094-296-011).
24-0426
CLOSED SESSION REPORT
ADJOURNMENT
UPCOMING CITY COUNCIL MEETINGS
1. Upcoming City Council Meetings
Thursday, October 24, 2024 @ 5:30 p.m. at 5000 W. Cypress Ave. (Joint Meeting with VUSD)
Monday, November 4, 2024 @ 7:00 p.m. at 707 W. Acequia
Monday, November 18, 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.
24-0242
4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0445 Agenda Date: 10/21/2024 Agenda #: 1.
Agenda Item Wording:
New Employee Introductions:
Administration:
Jennifer Gomez, Chief Deputy City Clerk
Administrative Services:
Joey Gallardo, Community Outreach Coordinator
Visalia City Council Printed on 10/17/2024Page 1 of 1
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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0434 Agenda Date: 10/21/2024 Agenda #: 2.
Agenda Item Wording:
Presentation of Solid Waste Recycling Updates - Presentation of Solid Waste Recycling statistics.
Deadline for Action: 10/21/2024
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 713-4533; Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:
Staff recommends that Council receive the presentation on the City of Visalia Solid Waste and Recycling update.
Summary:
The short presentation enclosed with this staff report first shows the City’stotal waste tonnages as compared to previous years and how they play into the City’sdiversion rate. The diversion rate is the total amount of material that does not go to landfill divided by the total amount of material the City generates. The higher the diversion rate, the better the City and its citizens are recycling. The City has seen improvements from year to year in this regard.
In addition to the diversion rates, the City has also seen a large improvement in the residential sector according to the amount of residuals in its recycling waste. In the waste industry, residuals are items that end up in the recycling stream that cannot be recycled, or in most cases, trash that ends up in the wrong can or bin. The City’scontract with our local Material Recycling Facility requires a semi- annual audit of how much residual there is in each commercial and residential waste stream. The City achieved its best (lowest) residential residual percentage of 25.01% for the last 6 qualifying months. This represents a lower amount of tonnage of residuals being sent to our recycler, and immediately impacts the rate the City pays to process the material.
Background Discussion:
The City of Visalia provides solid waste and recycling service to approximately 146,073 residents.
Since 2012, the City has had three waste streams, which include trash, blue recycling, and green waste/food waste composting. Even though the number of cans and the configuration of the routes have changed over the years for logistical efficiency, the goal of reuse and recycling has always been a priority of policy implementation.
For blue recycling (e.g., cardboard, paper, plastic, aluminum, glass), the City currently holds a contract with Pena’s Disposal, Inc., the only operator of a Material Recovery Facility (MRF) for efficient disposal. Pena’sutilizes a transfer station at the Tulare County Landfill so that City trucks have one destination for dumping. For green recycling (e.g., yard waste, food scraps), the City splits the contracted green waste between Waste Management and West Coast, Inc., which are located on Visalia City Council Printed on 10/14/2024Page 1 of 2
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6 File #: 24-0434 Agenda Date: 10/21/2024 Agenda #: 2.
the contracted green waste between Waste Management and West Coast, Inc., which are located on opposite ends of the City for efficient transport.
The recycling program works best when waste generators (citizens, businesses) are adequately educated on what can and cannot be put into the waste stream. Throughout recent years, the Solid Waste Department has budgeted, and even obtained grant funding, for this type of education. With examples like new resident informational packets and seasonal truck signs reminding our customers what can and cannot be recycled, the City’sefforts are starting to see some results. The City also employs a Conservation Technician that leads these efforts of education and coordination, with our communications staff as necessary, to get information out to the public.
Mandated by CalRecycle, enforcement is another tool that the department uses to ensure that trash stays out of the recycling stream. Solid Waste staff conduct route reviews and keep records of how many contamination violations occur. In addition, fines and fees can be incurred by generators that have multiple offences within a calendar year.
These efforts, along with events like Dump On Us that keep illegal dumping from occurring, help the overall aesthetics of the City. In addition, the cleaner Visalia’srecycling streams are, the better the rate the City receives from the contracted recycling facilities. With coordinated efforts like stated above, and with the education of the public, the City has begun to and will realize much more recycling efficiency in the future.
Fiscal Impact:
N/A
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
No motion is necessary.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Solid Waste Recycling Update Presentation
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7 City of Visalia Recycling Update
8 City of Visalia Total Tonnages
•Total tonnages by customer type •Includes all waste streams 2 Disposal Summary by C ustomer TypeIn Tons2022 2023 2024 (Projected)C ommercial 38,777 40,261 38,996Residential 80,248 80,532 80,902Rolloff 16,375 18,947 19,985Total 135,400 139,739 139,883 9 City of Visalia Total Tonnages
•Total tonnages by material
•Blue Recycle projected to increase by 4.5%•Projections based on 1 quarter of estimated material3 Disposal Summary by MaterialIn Tons2022 2023 2024 (Projected)Trash 86,099 87,208 87,286Recycle (Blue) 18,444 18,549 19,398Green Waste 28,401 30,776 30,528Food Waste 1,903 2,070 2,197C &D 553 1,137 474Total 135,400 139,739 139,883 10 Diversion Rate = Total Recycle / Total Tons2022 = 36.4%2023 = 37.5%2024 to date = 37.6% 11 Waste Audit Results 2024Residuals in the Recycling Stream •Summer 2023•Commercial – 20.05%•Residential – 36.52%•Winter 2023•Commercial – 19.49%•Residential – 34.55%•Summer 2024•Commercial – 20.31%•Residential – 25.01%5 12 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0443 Agenda Date: 10/21/2024 Agenda #: 3.
Agenda Item Wording:
Presentation and authorization for Solid Waste Dump On Us program changes. The City’s Solid Waste Department is seeking input and authorization from Council on proposed changes to the frequency and alternatives to Dump On Us event dates.
Deadline for Action: 10/21/2024
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 559-713-4533; Nick Bartsch, Public Works Director, [email protected], 559-713-4052 Department Recommendation:
Staff recommends that Council direct staff to implement the new Dump On Us event schedule and utilize landfill vouchers to supplement the program.
Background Discussion:
Since the early 1990’s, the Public Works Solid Waste Department has offered the public a Dump On Us event that allows citizens to bring any type of material to a centralized location where City staff coordinate and separate these items into commodities that can be properly disposed of or recycled.
Throughout the years, these events have become more and more recycle minded, where even though a lot of the material is trash and not reusable, there are now multiple opportunities for recycling or proper disposal at the events. These items include:
Metal (Ferrous)
Shredded Paper
E-Waste
Tires
Mattresses
Appliances
Hazardous Waste
Green Waste (All types)
Cardboard
Plastic and other comingled recycle
Currently, City staff operates six (6) events per year. These events are scheduled every other month and are very popular. Even with the event’s popularity, there are some events that are utilized by the public more than others. These events tend to be around warmer weather, where both Spring and Fall events are the most utilized.
Staff is proposing that the event schedule be amended as below from six (6) events to four (4) Visalia City Council Printed on 10/18/2024Page 1 of 3
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13 File #: 24-0443 Agenda Date: 10/21/2024 Agenda #: 3. events, once per quarter, and also shifted away from the holidays where they were least utilized in the past. The City’s Christmas Tree Drop-Off will not be affected and is still offered on the last week of the year and first week of the new year.
2024 Schedule Poposed 2025 Schedule
Saturday, February 10, 2024 Saturday, February 22, 2025 Saturday, April 20, 2024 Saturday, May 17, 2025
Saturday, August 17, 2024 Saturday, August 16, 2025
Saturday, October 19, 2024 Saturday, November 15, 2025
To supplement the future proposed Dump On Us event schedule, staff is proposing that landfill vouchers be supplied to the public to allow citizens to use at any time during the same calendar year.
To minimize and reduce impacts to the landfill on historically popular days, the County has identified several blackout dates on which the landfill is open to the public but will be unavailable for the voucher program:
Holidays in which the Landfill is open to the public, but unavailable for vouchers:
January 20, 2025 - Martin Luther King Jr. Day
February 17, 2025 - President’s Day
November 11, 2025 - Veteran’s Day
November 26, 2025 - Day after Thanksgiving
December 24, 2025 - Christmas Eve
December 31, 2025 - New Year’s Eve
County Half Price Weeks (3 per year), unavailable for vouchers*:
Last 2 weeks in March
First 2 weeks in July
First week in October
*Exact dates not scheduled by Tulare County yet.
The landfill vouchers will be limited to two (2) per household (residential account) per calendar year and will provide more flexibility for citizens that cannot be present on any given Saturday that a normally scheduled event is held. Residents participating with vouchers may take their items to the County landfill on any day that the landfill is open and that is not identified as a blackout date above.
In addition, the same restrictions as a City Dump On Us event will be instilled on what types of vehicles will be accepted, as commercial vehicles or box trucks/moving vans will not be allowed.
This proposed voucher program has been reviewed and approved by County staff.
Fiscal Impact:
Annually, Council approves a CIP Project (CP9459) to fund Dump On Us Operations from the Solid Waste Enterprise Fund. In recent years, the approved budget was supplemented by a grant from the Beautify California Initiative through Caltrans. This funding has since ended as of June 30, 2024 and Visalia City Council Printed on 10/18/2024Page 2 of 3
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14 File #: 24-0443 Agenda Date: 10/21/2024 Agenda #: 3.
Council once again approved the budget amount of $250,000 for FY24/25. The cost of each event ranges from $35,000 - $40,000.
Tulare County Solid Waste is willing to extend the gate rate of $20.00 per voucher for truckloads of material, and the City’s contracted rate of $28.00 per ton for trailers 8-feet long and larger. These vouchers would be charged and billed on a separate account to the City’s Solid Waste Department.
It is difficult to estimate the number of citizens that will utilize the voucher system, but estimates can be extrapolated from the amount of traffic that the City has averaged at past events. A high-end estimate per event is approximately 800 units, including trucks and trailers, combined. At this volume, the Department can expect the annual cost to be as follows:
800 vouchers x 2 cancelled events = 1,600 vouchers per year Assuming 50% trucks versus trailers:
800 vouchers @ $20 flat gate rate = $16,000
800 vouchers @ $28 per ton rate = $22,400
With this assumption, there is a possible savings of $15,800 to $20,800 per event, giving the enterprise fund a substantial safety net in case the demand is higher than anticipated. The potential savings do not require any additional budget.
Prior Council Action: Council has historically annually approved the CIP Project for Dump On Us events (CP9459).
Other: The Citizens Advisory Committee has been presented with and reviewed these proposed changes.
Alternatives: Alternative #1: To not approve staff proposed changes to the Dump On Us Event schedule and program and continue with the historically approved schedule. Alternative#2: Approve proposed staff changes to the Dump On Us Program with Council modifications.
Recommended Motion (and Alternative Motions if expected):
I move and direct staff to implement the proposed Solid Waste Dump On Us event changes.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Dump On Us Presentation
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15 Dump On UsProposed program and event changes
16 Dump On Us Statistics
17 Proposed Changes to Dump On Us•Event frequency decrease from every other month to once per quarter•This will decrease the number of events from six (6) to four (4).•Two (2) vouchers will supplement the Dump On Us program in lieu of the events no longer held•2 vouchers per household/per year•Can be used any day the landfill is open to the public, except on specific blackout dates.•More flexible for those that cannot make any given Saturday event. 18 Comparison of Dump On Us Changes
•6 blackout holidays per year •County half-price weeks will not be available (three 2-week periods per year) 2024 Schedule Poposed 2025 ScheduleSaturday, February 10, 2024 Saturday, February 22, 2025Saturday, April 20, 2024 Saturday, May 17, 2025Saturday, August 17, 2024 Saturday, August 16, 2025Saturday, October 19, 2024 Saturday, November 15, 2025 19 Solid Waste program items that would not change•Household Hazardous Waste and Mattress drop-off still held every Saturday at the City Corporation Yard•E-Waste drop-off 1stSaturday of each month•Christmas tree drop-off will still be offered last week of year and first week of new year. 20 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0444 Agenda Date: 10/21/2024 Agenda #: 1.
Agenda Item Wording:
Haunt the Home Award Presentation
Visalia City Council Printed on 10/17/2024Page 1 of 1
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21 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0394 Agenda Date: 10/21/2024 Agenda #: 1.
Agenda Item Wording:
Authorization to read Ordinances by title only.
Visalia City Council Printed on 10/14/2024Page 1 of 1
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22 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0315 Agenda Date: 10/21/2024 Agenda #: 2.
Agenda Item Wording:
Accept and Appropriate Grant - Accept and appropriate $3,000,000 of Encampment Resolution Funding Round 3 for operational funds for the Visalia Navigation Center on N. Court to provide interim shelter, and a combination of capital and operational funds for the Majestic Gardens on W.
Noble to provide permanent supportive housing for people living in targeted encampments.
Deadline for Action: 10/21/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Margie Perez, Housing Specialist, [email protected] < mailto:[email protected]>, (559) 713-4460; Melody Murch, Assistant Finance Director, [email protected] <mailto:[email protected]>, (559) 713-4379; Renee Nagel, Finance Director, [email protected] <mailto:[email protected]>, (559) 713-4375 Department Recommendation:
Staff recommends that Council:
· Accept and appropriate $3 million dollars in Encampment Resolution Funding, Round 3 which was awarded on September 27, 2024. These funds will be used for operational funds for the Visalia Navigation Center in the amount of $1.5 million, and assistance for the Majestic Gardens permanent supportive housing project for capital and operational funds including rental subsidies gap funds for $1.5 million;
· Authorize the City Manager and staff to execute the necessary grant agreements; and · Authorize City Manager to enter into contracts with Community Services Employment Training (CSET) for $1.5 million for the Navigation Center, Visalia Homekey LP for $648,810 for the Majestic Gardens capital, and Elevate Community Services for $851,190 the Majestic Garden operational.
Background Discussion:
On December 4, 2023, Council approved an application for Encampment Resolution Funding (ERF), Round 3 funds to provide support to both the Visalia Navigation Center, in partnership with Community Services Employment Training (CSET) to provide interim shelter, the Majestic Gardens project, in partnership with RH Community Builders (RHCB), Visalia Homekey LP, and Elevate Community Services to provide permanent housing respectively to persons living in targeted encampments located on the Highway 198 and State Route 63 on N. Dinuba Blvd. within the City of Visalia. The Visalia Navigation Center will provide immediate temporary shelter with pathways to permanent housing placement, and Majestic Gardens will provide permanent supportive housing for people experiencing homelessness.
On September 27, 2024, the City was notified of an award of ERF Round 3 funds in the amount of $3,000,000 as shown in Attachment A - ERF Round 3 Award Letter. These funds were specifically Visalia City Council Printed on 10/17/2024Page 1 of 3
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23 File #: 24-0315 Agenda Date: 10/21/2024 Agenda #: 2. awarded by the California Department of Housing and Community Development (HCD) that includes $1.5 million for the Visalia Navigation Center first year operational funds and rapid rehousing funds including rental subsidies, and $1.5 million for the Majestic Garden project that includes $648,810 for capital (CP0516) with Visalia Homekey LP, and $851,190 for operational including on-site staffing and rental subsidies with Elevate Community Services as shown below in Table 1: ERF Round 3 Funding Summary. Appropriation of these funds is required to complete the budget process for the Visalia Navigation Center and Majestic Gardens projects. This action will allow proper allocation of project expenses for this approved funding source.
ERF Round 3 Activities:
· The Visalia Navigation Center
o The Visalia Navigation Center ERF Round 3 funds will provide $1,500,000 to CSET on- site administrator for the first year of operational and rapid rehousing funds for the Visalia Navigation Center. These funds will provide needed first year operational costs for the Visalia Navigation Center, including initial furnishing, window coverings, supplies, and first year start-up costs. The Visalia Navigation Center ERF Round 3 funds will also provide essential rapid rehousing funds including rental subsidies, security deposits, rental application fees, credit repair, rental arrears, and landlord mitigation assistance to assist in permanent housing placement. · Majestic Gardens
o Capital (CP0516) - The Majestic Gardens ERF Round 3 funds will provide $648,810 to Visalia Homekey LP development partner for final capital development gap funding needed including installation of a wrought iron fence around the property and security cameras to ensure safety of residents and the surrounding area. These funds will also assist in landscaping to allow for green space and a dog park for residents. o Operational - The Majestic Gardens ERF Round 3 funds will also provide $851,190 to Elevate Community Services non-profit operating partner for two-years of operational funds for the Majestic Gardens project. These funds will also provide two-years of rental subsidies for 19-units at the Majestic Gardens. These funds will include on-site enhanced case management and security services to ensure clients are transitioning in permanent housing smoothly, safely.
Fiscal Impact:
Approval of the item will appropriate $3,000,000 in Encampment Resolution Funding (ERF), Round 3 funds that includes $1,500,000 for operational funds for the Visalia Navigation Center, $648,810 for Visalia City Council Printed on 10/17/2024Page 2 of 3
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24 File #: 24-0315 Agenda Date: 10/21/2024 Agenda #: 2. capital development (CP0516), and $851,190 for operational funds for the Majestic Gardens project.
No General Fund money is included or requested for this grant.
Prior Council Action: December 4, 2023 (23-0424) - Council approved and ERF, Round 3 application to be evenly split between the Visalia Navigation Center and the Majestic Gardens project to provide interim shelter and permanent housing respectively to persons living in targeted encampments with the City of Visalia.
Other: None
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
I move that Council:
· Accept and appropriate $3,000,000 in Encampment Resolution Funding program, Round 3 funds;
· Authorize the City Manager and staff to execute the grant agreements; and · Authorize City Manager to enter into contracts with Community Services Employment Training (CSET) for $1.5 million, Visalia Homekey LP for $648,810, and Elevate Community Services for $851,190 in Encampment Resolution Funding, Round 3.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
Attachment A - ERF Round 3 Award Letter
Attachment B - Draft CSET Contract Agreement
Attachment C - Draft Visalia Homekey LP Contract Agreement Attachment D - Draft Elevate Community Services Contact Agreement Visalia City Council Printed on 10/17/2024Page 3 of 3
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25 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 27, 2024
Renee Nagel
Finance Director
City of Visalia
220 N. Santa Fe St.
Visalia, CA 93292
RE: ERF Award Announcement – City of Visalia
# 24-ERF-3-R-100030 Award Amount: $3,000,000.00
Dear Renee Nagel:
This award is under a media and public announcement embargo until publicly released by the California Department of Housing and Community Development (HCD) or otherwise notified by HCD staff.
HCD is pleased to announce that the City of Visalia has been awarded an Encampment Resolution Funding award for their application under ERF Round 3R, Window 2 in the amount of $3,000,000.00.
Awardees will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing.
HCD intends to issue a Standard Agreement within 90 days of receipt of the documentation required to execute this contract. A program representative will be in communication with you to discuss and confirm any documents needed.
Congratulations on your successful application. For further information, please contact Jeannie McKendry at [email protected] or [email protected].
Sincerely,
Megan Kirkeby
Deputy Director, Housing Policy Development Division
26 1
ENCAMPMENT RESOLUTION FUNDING ROUND 3
AGREEMENT BETWEEN THE CITY OF VISALIA AND
COMMUNITY SERVICES EMPLOYMENT AND TRAINING, INC.
THIS AGREEMENT (the “Agreement”) is made this __ day of _______, 2024, (the “Effective Date”) by and between COMMUNITY SERVICES and EMPLOYMENT TRAINING, INC., a private, non-profit community-based organization (hereinafter “CSET”), and the CITY OF VISALIA, a Charter Law city of the State of California (the “City”). The City and CSET may be referred to collectively herein as the “Parties” or individually as a “Party.”
RECITALS
A. These Recitals are a material part of the Agreement and incorporated in the substantive and binding terms of the Agreement as if fully set forth therein.
B. The Encampment Resolution Funding (ERF) Program provides funding for person-centered projects that resolve unsheltered homelessness in encampments. ERF projects should address safety and wellness in encampments, resolve critical encampment concerns, and transition people into interim shelter or permanent housing. ERF projects should strengthen existing, successful models and/or support new approaches that provide safe, stable, and permanent housing for people in encampments. ERF funds may only be used for projects that connect people experiencing homelessness in encampments to interim shelter with clear pathways to permanent housing or place people directly into permanent housing to be used in accordance with applicable provisions under the authority of Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.), the Encampment Resolution Funding Program (Program) was established to increase collaboration between the California Interagency Council on Homelessness (Cal ICH) local jurisdictions, and Continuums of Care.
C. On December 4, 2023, City Council authorized staff to apply for Encampment Resolution Funding Program, Round 3 (ERF-3-R) for the first-year operation funds and rapid rehousing funds for the Visalia Navigation Center to provide interim shelter with pathways to permanent housing placement for persons living in targeted encampments within the City of Visalia. On September 27, 2024, the City of Visalia was awarded One Million, Five-Hundred Thousand Dollars and 00/100 ($1,500,000.00) in ERF-3-R funds for the Visalia Navigation Center, a Low-Barrier Navigation Center which includes One-Million ($1,000,000) for first-year operational funds, and Five-Hundred Thousand ($500,000) for rapid rehousing funds including rental subsidies for persons living in targeted encampments within the City of Visalia. Target encampments are identified in Exhibit C - Targeted Visalia Encampments.
D. CSET desires to operate a Low-Barrier Navigation Center for people experiencing homelessness, located at 3525 N. Court Street, Visalia, CA 93291, and more particularly described and identified in Exhibit A - Project Approach, attached hereto and incorporated herein (the “Project”). Said Project will be committed to “Limited Clientele”, strictly to only those who are homeless, in accordance with 24 CFR 91.5 as set forth herein (the “Project”). 27 2
E. The Property is within the jurisdictional boundaries of the City. The operation of the Project will be accomplished using Encampment Resolution Funding (ERF), Permanent Local Housing Allocation (PLHA), Successor Agency Housing (SAH) funds, and other non-city funding sources.
F. The City is vested with the authority to use ERF, PLHA, and SAH funding for a variety of purposes, including providing funding to a community-based non-profit for operation of a public facility to be operated by a non-profit as a Low-Barrier Navigation Center for people experiencing homelessness. The project will utilize a Housing First, Low-Barrier Shelter Approach, which endeavors to quickly connect individuals and families experiencing homelessness to permanent housing without preconditions and barriers to entry.
G. The Project was constructed in all material respects in accordance with applicable zoning, building, housing and other codes, ordinances, and regulations consistent with the construction, and operation of a public facility on the Property.
H. CSET will own the public facility located in the City of Visalia at 3525 North Court Street, Visalia, CA, 93291 and lease the land from the owner Self-Help Enterprises (SHE).
The owner’s consent will be memorialized through a Memorandum of Lease between CSET and SHE.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and subject to the terms and conditions hereinafter stated, CSET and City agree as follows:
I. PROJECT DETAILS.
A. CSET agrees to utilize the funding providing through this Agreement for purposes of operation of the Project. The Property shall be owned and operated by CSET to operate the facility (Visalia Navigation Center) as the lead organization and project manager. Subject to the specific terms and conditions contained herein, the following documents contain the general understanding of the parties with regards to the City’s funding for CSET’s operation of the Project: “Project Detail” provided by CSET to the City, which shall be incorporated herein as Exhibit A – Project Approach; (2) “Project Budget” spreadsheet provided by CSET, which shall be incorporated herein as Exhibit B – Project Budget.
B. As consideration for CSET’s obligations hereunder, the City shall provide ERF-3- R funds in the amount not to exceed One Million, Five-Hundred Thousand Dollars and 00/100 ($1,500,000.00), for the period of October 1, 2024, through June 30, 2027, to assist CSET with operational costs and rapid rehousing funds of the Visalia Navigation Center.
C. CSET shall assist City in compliance with the requirements of the ERF program under the authority of Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.), the Encampment Resolution Funding Program was established to increase collaboration between the California Interagency Council on Homelessness (Cal ICH), Local Jurisdictions, and Continuums of Care for the following purposes:
1. Assist Local Jurisdictions in ensuring the safety and wellness of people experiencing homelessness in encampments.
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2. Provide grants to Local Jurisdictions and continuums of care to resolve critical encampment concerns and transition individuals into safe and stable housing.
3. Encourage a data-informed, coordinated approach to address encampment concerns.
CSET also agrees to comply with all other applicable State, and local laws, regulations, and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
II. GRANT COMPLIANCE.
A. Restrictions Requirements. CSET agrees that the Project shall be used as Low- Barrier Navigation Center, benefitting clientele - who are homeless and priority entry to those residing in targeted Visalia encampments, and following the “Housing First” approach and resulting in successful exits to permanent housing as per the requirements of ERF funds. All benefiting clients must be considered qualified persons ("Qualified Person”).
B. Qualified Person Certification. A Qualified Person is a person experiencing homelessness in accordance with the McKinney Act definition at 24 CFR 91.5. Annually during the affordability period for the Project, CSET must certify in writing to the City with appropriate supporting documentation that the Use Restriction Requirements required by this Section have been completed in accordance with ERF and City requirements.
C. Maintenance of the Project. CSET shall maintain the Project in accordance with the customs and practice generally applicable to public facilities in the City of Visalia. Said maintenance shall include, but not be limited to, the building, sidewalks, lighting, landscaping, irrigation of landscaping, and any and all other improvements on the Property.
D. Resident Conduct. CSET, its successors and assigns shall ensure that any Qualified Person residing at the Project conduct themselves in accordance with the following standards:
i. Standards of aesthetics for residents regarding use and condition of the exterior amenities of the Facility, including patios and entryways. ii. Noise standards that comply with City requirements and limits. iii. Rules related to open/recreational areas that address, at a minimum, alcoholic beverage use, and public nuisance activities. iv. Parking prohibition of inoperative vehicles, boats, trucks of one-ton capacity and over, trailers and/or recreational vehicles within the complex. v. Standards of behavior for residents that could lead to eviction.
E. Maintenance and Operations. CSET agrees to serve as the Property manager/Project operator for the Project. CSET shall obtain City’s approval, which shall not be unreasonably withheld, if CSET arranges for a third party to serve as the Property 29 4
manager/Project operator. CSET and its agents or assigns will comply with or otherwise implement the following Property management/Project operation activities:
i. CSET shall comply with all development standards, city codes, and ordinances. Buildings and premises, including paint/siding, roofs, windows, fences, parking lots, landscaping, and electrical systems shall be kept in good repair. Premises shall be kept free of junk and debris.
ii. CSET shall provide a regular program for the control of infestation by insects, rodents, and other pests.
iii. Where conditions are attributable to normal wear and tear, CSET shall make repairs and arrangements necessary to put and keep the premises in as good condition as required by law.
iv. CSET shall maintain all electrical, plumbing, heating, and other facilities in good working order.
v. CSET shall maintain the Public Facility in reasonably weather tight condition and good exterior appearance.
vi. CSET shall remove graffiti within forty-eight (48) hours of it having been observed and/or reported.
vii. CSET shall provide overnight access for the Visalia Police Department to CSET’s maintenance and management staff in person, by telephone, or email. Such numbers shall be provided to the Visalia Police Department dispatch center and updated promptly as changed.
viii. CSET shall establish and conduct a regular program of routine maintenance for the facility. Such program shall include, but not necessarily be limited to, regular inspections of common areas, restrooms, and other similar activities that typically require attention at periodic intervals, but not necessarily continuously. ix. The name and phone number of CSET or CSET’s contracted Property management/Project operator shall be posted in a prominent location at the front of the property.
x. CSET shall maintain decorative planting in a manner that does not obstruct or diminish lighting and visibility throughout the complex and common areas. xi. CSET shall manage the complex in a manner that does not permit inoperative vehicles, boats, trucks (one-ton capacity and over), trailers and/or recreational vehicles to be parked in the facility.
III. REPORTING COMPLIANCE
A. Reporting Compliance. CSET shall be responsible for Homeless Management Information System (HMIS) data entry and reporting to the City, Cal ICH, and California Department of Housing and Community Development (HCD) for all ERF-3-R targeted 30 5
encampment clients. CSET shall submit such reports as are required by the City to meet its local obligations and its obligations to Cal ICH, and HCD. Pursuant to HSC §50254 and WIC §8256, ERF-3-R grantees are required to enter specified data elements on the individuals and families served into their local HMIS. CSET must follow the entry format specified by Cal ICH and/or HCD, which includes the use of funding codes (Other Funder Code and Grant ID) as described in the AB 977 HMIS Project Setup Instructions. Required reports include, but are not limited to the following:
ERF-3-R Subrecipient Requirements
Report Frequency Data Points
ERF-3-R Quarterly
Report
Quarterly • ERF-3-R Quarterly Performance Report
• Quarterly narrative and HMIS performance report.
Annual Report
Upon Project
Development
Annual • Annual Client Performance Tracker Report - Beneficiary data (direct client services) - demographics and income.
Final Report End of project • Major milestones (final performance report) • Goal comparison and analysis
• Leveraged funds
• Financial report
• Total cost and share that is ERF
Reimbursement
Requests
Monthly • Expenditures
• Timeliness
• Invoice
• General Ledger of Expenditures
• Source Expenditure Documents (i.e., receipts or invoices)
IV. DEFAULT AND REMEDIES
A. Failure to Perform. Failure by CSET to duly perform, comply with, or observe any of the conditions, terms, or covenants of this Agreement shall constitute a breach of this Agreement, such failure having continued uncured for thirty (30) days after receipt of written notice thereof by CSET from City. Alternatively, if the breach cannot reasonably be cured within thirty (30) days, CSET shall not be in breach so long as CSET is diligently undertaking to cure such breach and such breach is cured within ninety (90) days.
B. Notice of Default and Opportunity to Cure. For any breach of this Agreement, City shall give written notice to CSET of any breach of the Agreement by specifying:
i. The nature of the event or deficiency giving rise to the breach of the Agreement.
ii. A date, which shall not be less than thirty (30) calendar days from the date of receipt of the notice, by which such action to cure must be taken. The City has the sole discretion to determine whatever additional reasonable time, up to ninety (90) days, is needed to cure.
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C. Remedies. Upon the occurrence of a breach of the Agreement, and a failure to cure said breach within the time specified, the City's obligation to disburse funds shall terminate, and City may also, in addition to other rights and remedies permitted by the Agreement or applicable law, proceed with any or all of the following remedies in any order or combination City may choose in its sole discretion:
i. Terminate this Agreement, in which event City funds previously disbursed shall become due and payable within thirty (30) days, including any loan payments that may have otherwise been forgiven pursuant to Section I(C) herein. ii. Bring an action in equitable relief seeking the specific performance by Borrower of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of said terms and conditions, and/or seeking declaratory relief. iii. Pursue any other remedy allowed by law or in equity.
D. Hardship Exemption. If CSET cannot comply with the requirements of this Agreement for any reason, CSET may request City to alter CSET’s obligations hereunder on terms acceptable to City, but no such request may be made later than thirty (30) days after City has delivered to CSET notice of a breach or violation of this Agreement. CSET must deliver the request in writing to City. The request must set out the reasons why CSET cannot comply with this Agreement and must describe any hardship to CSET that compliance would cause. City is under no obligation to grant any relief and may proceed with its remedies under this Section III, at law and in equity, despite CSET’s request or the hardship involved. The relief, if any, is to be determined by City in its sole discretion.
E. Right of Contest. CSET shall have the right to contest in good faith any claim, demand, levy, or assessment, the assertion of which would constitute a breach of the Declaration hereunder. Any such contest shall be prosecuted diligently and, in a manner, non-prejudicial to City or the rights of City hereunder.
F. Remedies Cumulative. No right, power, or remedy given to City by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to City by the terms of any such instrument, or by any statute or otherwise against CSET and any other person. Neither the failure nor any delay on the part of City to exercise any such rights and remedies shall operate as a waiver of such right or remedy, nor shall any single or partial exercise by City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
V. GENERAL PROVISIONS
A. Notices, Demands and Communications between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which any party may desire to give to the other parties under this Agreement must be in writing and may be given by any commercially acceptable means, including, but not limited to email and/or via overnight courier, to the party to whom the Notice is directed at the address of the Party as set forth below, or at any other address as that Party may later designate by Notice.
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To City: City of Visalia, Finance Department
Attention: Housing Division
707 W. Acequia Avenue
Visalia, CA 93291
(559) 713-4460
[email protected]
To CSET: Community Services & Employment Training, Inc.
Attention: Mary Alice Escarsega-Fechner
312 NW 3rd Avenue
Visalia, CA 93291
[email protected]
Any Notice shall be deemed received immediately if delivered by hand, on the third day from the date it is postmarked if delivered by first-class mail, postage prepaid, upon receipt of verification of receipt if sent via email, and on the next business day if sent via nationally recognized overnight courier. Notices sent by a Party's attorney on behalf of such Party shall be deemed delivered by such Party.
B. Compliance with Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.), for the Encampment Resolution Funding Program.
C. Records Maintenance. CSET shall retain all records pertinent to the Project and activities and expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement or after the resolution of all State audit findings, whichever occurs later. CSET shall maintain data documenting resident eligibility for housing and/or services provided. Such data shall include, but not be limited to, resident name, address, income level, ethnicity, and description of housing and/or services provided. Reporting to City by CSET of compliance with this provision shall be accomplished by delivering the initial “Income Certification” application/form which shall be provided to CSET by the City.
Thereafter, ongoing monitoring shall also include submission of annual audits, review of partner agreements, review of cash flows, reserves and capital improvements as requested by City. In addition, CSET shall, if requested by City, provide to City a report or any other documentation relative to partnerships agreements, operational statements, including cash flow, reserves and capital improvements, occupancy, Resident composition, and such other matters as City shall reasonably request to ensure compliance.
D. Assignment, Transfers and Successors. For purposes of this Agreement, "Transfer" shall mean any sale, assignment, or transfer, whether voluntary or involuntary, of any rights and/or duties under this Agreement, and/or any interest in the Project or the Property, including, but not limited to, a fee simple interest, a joint tenancy interest, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a contract by which possession of the Project is transferred.
i. No Transfer shall be permitted without the prior written consent of the City.
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ii. The approval of transfers by CSET to another legal entity wholly controlled and managed by CSET shall be permitted by the City and approval of said transfer shall not be reasonably withheld.
F. Severability. In the event any term or provision of this Agreement is deemed to be in violation of law, null and void, or otherwise of no force or effect, the remaining terms and provisions of this Agreement shall remain in full force and effect.
G. Parties Not Co-Venturers. Nothing in this Agreement is intended to, or does, establish the City and CSET as partners, co-venturers or principal and agent with one another.
H. Warranties. City expresses no warranty or representation to CSET as to fitness or condition of the Property or the Project, other than those specifically contained in the Purchase and sale Agreement between the Parties.
I. Attorney’s Fees. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach thereof, the party prevailing in any such action shall be entitled to recover against the party not prevailing, its reasonable attorney’s fees and costs incurred in such action.
K. Indemnification Regarding Project. CSET agrees to indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to City) the City, and its respective Council members, officers and employees from all liability arising out of the Project, the Property, and CSET’s operation of the Project, to the extent that such liability arises from the acts or omissions of CSET, its subcontractors or guests. This provision shall survive expiration and/or termination of this Agreement.
L. Governing Law. This Agreement shall be interpreted under the laws of the State of California.
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IN WITNESS WHEREOF, Purchaser has executed this Agreement, effective the day and year first set forth above.
COMMUNITY SERVICES and EMPLOYMENT
TRAINING, INC. (CSET)
Dated: _____________________ By:________________________________
Its: Mary Alice Escarsega-Fechner,
Executive Director
CITY OF VISALIA
Dated: ______________________ By: _____________________________
Its: Leslie Caviglia, City Manager
APPROVED AS TO FORM
By: ____________________________
City Attorney
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Exhibit A - Project Approach
The Visalia Navigation Center is a 100-bed low-barrier navigation center for individuals experiencing homelessness with clear pathways to permanent housing placement. The Visalia Navigation Center will provide a one-stop center for immediate shelter, essential services, and direct placement into permanent housing for people experiencing homelessness. The Visalia Navigation is located at 3525 N. Court St., Visalia. This approximately 20,000 sq. ft. public facility will accommodate 100-beds, offices space, two dormitory-type spaces, one for men and one for women, 10 private rooms for families with children, commercial kitchen, dining room, large common area, and laundry room. Exterior amenities will include a playground area, courtyard, and animal kennels. To ensure the Visalia Navigation Center clients gain stability and successfully transition to permanent housing, each client will be assigned a trauma informed care trained case manager, and all staff and volunteers will be trained to provide trauma informed care and harm reduction.
CSET will provide Visalia Navigation Center residents with case management services that are aimed at assisting residents in successfully transitioning from homelessness into permanent housing. Case Management services will be focused on completing required tasks to secure permanent housing. Additional services will be available to assist in linking residents to community services for mental health or substance abuse treatment, social service assistance, education or vocation support, and life skills. CSET will serve as the liaison with the Kings/Tulare Homeless Alliance (Alliance) to accept referrals from Coordinated Entry System (CES) and coordinate with other service providers. In addition to the housing and supportive services provided, CSET will serve daily meals to residents out of the onsite commercial kitchen.
Progress will be measured by the number of homeless placed in permanent housing, and the numbers of homeless remaining in the targeted encampments. The Visalia Navigation Center will use the Vulnerability Index-Service Prioritization Decision Tool (VI-SPDAT). The local Continuum of Care (CoC) will use the Homeless Management Information System (HMIS) to refer individuals from the CES to the appropriate program, with priority given to residents of the targeted Visalia encampments.
The Visalia Navigation Center will complete monthly progress reports including narratives and statistics of unduplicated individuals assisted, demographics, race, ethnicity, all services provided, and the number of VI-SPDAT assessments, new HMIS clients, job trainings/placements, and permanent housing placements.
Outcomes:
• Facilitate a minimum of 200 interim and 100 permanent housing exits in the first year. • Secure and sustain exits to permanent housing for 50 people per year with a recidivism rate of less than 10% per year.
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Exhibit B - Project Budget
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Exhibit C – Targeted Visalia Encampments
Encampment Resolution Funding Round 3
1. State Hwy 198 Ben Maddox on ramp and State Hwy 198 between Burke Street and Santa Fe Street (4,031 ft), and the Demaree on ramp (785 ft).
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2. State Route 63 at Riverway Sports Park, N. Dinuba Blvd between West Riggin Avenue and East Houston Avenue, and Lincoln Oval Park.
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ENCAMPMENT RESOLUTION FUNDING AGREEMENT BETWEEN THE CITY OF
VISALIA AND VISALIA HOMEKEY LP
THIS AGREEMENT ("Agreement") dated as of __________, 2024, is entered into by and between the CITY OF VISALIA, a Charter Law city of the State of California ("City"), and VISALIA HOMEKEY, LP, a California limited partnership (hereinafter “Visalia HK”).
RECITALS
The following recitals are a substantive part of this Agreement:
A. VISALIA HK desires to develop a 42-unit multi-family affordable housing project, located at 4545 W. Noble Avenue in the City of Visalia, and more particularly described and identified in "Exhibit A," attached hereto and incorporated herein (the "Property"); and
B. VISALIA HK is a California Limited Partnership (general partners include RHCB Visalia LLC, HOM XXXIV LLC, and UP Visalia LLC) that, among other things, rehabilitates and develops affordable housing projects that, upon completion, are typically managed by RH Community Builders LP (RHCB) and its affiliates; and
C. Pursuant to B. The Encampment Resolution Funding (ERF) Program provides funding for person-centered projects that resolve unsheltered homelessness in encampments.
ERF projects should address safety and wellness in encampments, resolve critical encampment concerns, and transition people into interim shelter or permanent housing. ERF projects should strengthen existing, successful models and/or support new approaches that provide safe, stable, and permanent housing for people in encampments. ERF funds may only be used for projects that connect people experiencing homelessness in encampments to interim shelter with clear pathways to permanent housing or place people directly into permanent housing to be used in accordance with applicable provisions under the authority of Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.), the Encampment Resolution Funding Program (Program) was established to increase collaboration between the California Interagency Council on Homelessness (Cal ICH) local jurisdictions, and Continuums of Care; and
D. VISALIA HK proposes to develop a multifamily affordable housing complex with 42 units, composed of one manager’s unit and 41 units committed to will be committed to “Limited Clientele”, strictly to only those who are homeless with priority entry for those currently residing in targeted encampments, in accordance with 24 CFR 91.5 as set forth herein (the “Project”) and the terms and conditions set forth herein, so that the Property will be utilized for affordable housing for the longest feasible period; and
E. City and VISALIA HK desire to enter into this Agreement to set the terms and conditions under which City can loan to VISALIA HK a portion of the City's available Encampment Resolution Funding Round 3 (ERF-3-R) for the Project.
NOW, THEREFORE, City and VISALIA HK hereby agree as
follows:
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1. CITY LOAN
a. Loan Terms. In consideration of VISALIA HK's obligations hereunder, and to ensure the Project remains affordable in accordance with the Rental Restriction (provided for under Section 3 hereof), and subject to the terms and conditions of this Agreement, the City will provide financial assistance to VISALIA HK for the Project in an amount up to Six Hundred and Forty-Eight Thousand, and Eight Hundred and Ten Dollars ($648,810.00) in ERF-3-R funds to assist in acquisition and construction of the Project. As evidence of the City Loan, VISALIA HK shall execute and deliver a promissory note to City in the form acceptable to City, which Note shall be in the initial principal amount of the City Loan. The Note shall be secured by a standard form Deed of Trust from a title company acceptable to the City, to be recorded against the Property.
b. Disbursement of City Loan. City shall provide to VISALIA HK up to Six Hundred and Forty-Eight Thousand, and Eight Hundred and Ten Dollars ($648,810.00) in ERF-3-R funds for the actual cost of acquisition and construction of the Project. Funding shall be disbursed on a reimbursement basis for Project costs actually incurred. VISALIA HK shall submit invoices, as well as any other documentation required by the City necessary to support reimbursement for Project expenditures.
c. Requirements of VISALIA HK The City loan shall be used for acquisition and construction of the dwelling units on the Property in substantial conformance with the line items identified in the “Project Budget,” attached hereto as Exhibit “B” and incorporated herein by this reference. The City loan shall be a fifty-five (55) year, 0% interest principal only loan, payable by VISALIA HK and its successors and assigns, in accord with the terms and conditions contained in this Agreement, and in the Note and the amortization schedule attached thereto. The City Loan shall be repayable to the City in fifty-five (55) annual payments commencing on the first-year anniversary of this Agreement, however each annual payment on the City Loan shall only be required to the extent there is Distributable Cash available from the Project. In each year that VISALIA HK demonstrates that no Distributable Cash is available to pay such payments as determined in the order of priority set forth in Section 7.03 of VISALIA HK LP Partnership Agreement, the principal balance of the loan shall accrue and be payable to the extent of Distributable Cash for the following year. Distributable Cash shall have the definition set forth in Borrower’s Partnership Agreement. If the Project fails to generate Distributable Cash sufficient to make payments for an annual period, no annual payment shall be due. If the Project generates Distributable Cash in an amount less than the required annual payment, then only such amount shall be due, and the remainder shall accrue. Should VISALIA HK, its successors, or assigns sell the Property or fail to satisfy any of the terms and conditions herein, and as stated in the Rental Restriction required in Section 3, which are not otherwise waived by the City or otherwise cured by VISALIA HK, VISALIA HK shall be obligated to repay the City Loan in full within 30 days of written notification by the City. i. Subject to the expiration of any applicable cure period, VISALIA HK shall not be in default of any of its obligations under the terms of this Agreement. ii. Recordation of Resale Restriction. Prior to the initial disbursement of funds from City to VISALIA HK, VISALIA HK shall execute and record the Rental Restriction required herein.
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iii. Within 30 days of the execution of this Agreement, VISALIA HK shall have furnished City with evidence of the insurance coverage required under Section 2.
iv. VISALIA HK shall assist City with and shall provide all documentation necessary for all reporting requirements and obligations required by the State and local law.
2. DEVELOPMENT OF THE PROPERTY
a. Scope of Development. VISALIA HK shall acquire all of the parcels comprising the Property, and shall develop a 42-unit multifamily affordable housing complex, that will be committed to multifamily affordable housing on the Property in accordance with the Project Plans, Schedule and Budget attached hereto as "Exhibit B."
b. Insurance and Indemnification. VISALIA HK shall at all times cause the Project to be insured against loss by fire, flood, and such other hazards, casualties, liabilities and contingencies, in an amount not less than the full insurable value of the Project on a replacement cost basis and shall furnish or cause to be furnished to the City evidence satisfactory to City that VISALIA HK and any contractor with whom it has contracted for the performance of work on the Property or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. All insurance policies and renewals thereof shall be issued by a carrier and in a form acceptable to the City. Property insurance policies shall name the City as an additional insured, as approved by the City.
VISALIA HK and its successors in interest agree to indemnify, defend, and hold harmless the City and its agents, employees, volunteers and officers from any and all claims, losses, liabilities or causes of action (including reasonable attorney's fees) arising from or in connection with VISALIA HK's development, management, maintenance or operation of the Project; provided, however, VISALIA HK's obligations to indemnify and hold harmless shall not apply in the event and to the extent of the City's willful misconduct or gross negligence.
c. City and Other Governmental Agency Permits. VISALIA HK shall secure and maintain, or cause to be secured and maintained, any and all permits or entitlements that may be required by City or any other governmental agency affected, or which has jurisdiction over the construction of the Project.
d. Antidiscrimination during Construction. VISALIA HK, for itself, and its successors and assigns, agrees that in the construction of Project on the property, VISALIA HK shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, ancestry, or national origin. e. Compliance with Laws. VISALIA HK shall carry out the construction and development of the Project in conformity with all applicable laws; City zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City's Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 42 4
4450, et seq., Government Code Section 7260, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq. f. Prevailing Wages. To the extent applicable, VISALIA HK shall comply with all requirements of the Department of Industrial Relations in accordance with the California Labor Code, and all other applicable federal, state, and local laws and regulations pertaining to labor standards and payment of prevailing wages (collectively, "Prevailing Wage Laws"). As applicable, VISALIA HK shall (i) require its contractors and subcontractors to submit certified copies of payroll records to VISALIA HK; (ii) maintain complete copies of such certified payroll records; and (iii) make such records available to City and its designees for inspection and copying during regular business hours at the Property or at another location within the City of Visalia.
VISALIA HK shall defend, indemnify and hold harmless City and its officers, employees, volunteers, agents and representatives from and against any and all present and future causes of action, claims, liabilities, obligations, damages, fines, penalties, judgments, actions or expenses (including attorney fees) (collectively, the "Claims"), arising out of or in any way connected with VISALIA HK's obligation to comply with all governmental requirements, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781, as amended and added by Senate Bill 966.
VISALIA HK hereby waives, releases and discharges forever City, and its employees, officers, volunteers, agents and representatives, from any and all present and future Claims arising out of or in any way connected with VISALIA HK's obligation to comply with all Prevailing Wage Laws in connection with the work of the Improvements.
VISALIA HK is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
As such relates to this Section 2, VISALIA HK hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code. g. Taxes and Assessments. VISALIA HK shall pay prior to delinquency all ad valorem real estate taxes and assessments on the Property, subject to VISALIA HK's right to contest in good faith any such taxes. VISALIA HK shall remove or have removed any levy or attachment made on the Property or any part thereof or assure the satisfaction thereof within thirty (30) days following the date of attachment or levy. h. Condition of the Property. VISALIA HK shall take all necessary precautions to prevent the release into the environment of any Hazardous Materials (as defined below) that are located in, on or under the Property. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, VISALIA HK 43 5
shall install and utilize such equipment and implement and adhere to such procedures as are consistent with the standards prevailing in the industry, to the extent such standards exceed applicable Governmental Requirements, as respects the disclosure, storage, use, removal, and disposal of Hazardous Materials. VISALIA HK shall cause each release of Hazardous Materials in, on or under the Property to be remediated in accordance with all Governmental Requirements.
VISALIA HK agrees to indemnify, defend and hold City, City and their officers, employees, volunteers, agents and representatives harmless from and against any and all Claims, resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Property, caused by VISALIA HK or any of VISALIA HK's predecessors in interest. This indemnity shall include any damage, liability, fine, penalty, parallel indemnity, cost, or expense arising from or out of any claim, action, suit or proceeding for bodily injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic or consequential loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effects on the environment but shall exclude any claims resulting from the gross negligence and/or willful misconduct of the City.
"Hazardous Materials" means any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is: (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter
6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) friable asbestos; (vii) polychlorinated biphenyls; (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20; (ix) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317); (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq. (42 U.S.C. §6903); or (xi) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et seq., as the foregoing statutes and regulations now exist or may hereafter be amended. Hazardous Materials excludes any materials that are used in the ordinary, customary, and lawful cleaning of and business operations on the Property. Said permitted Hazardous Materials shall be stored in a suitable, safe location and shall be disposed of in a manner provided by law.
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3. COVENANTS, RESTRICTIONS AND AGREEMENTS
a. Use Covenants; Rental Restrictions. VISALIA HK covenants and agrees for itself, its successors, its assigns and every successor in interest that, the Property shall be used for affordable housing purposes and that the Project to be constructed on the Property shall be rented to qualified low-income households ("Qualified Household"), in accordance with the terms of the Rental Restriction Agreement to be provided by City (the "Rental Restriction"). The foregoing covenant shall run with the land. Failure to maintain the use of the Property and the Project in accordance with this Section shall be a material default of this Agreement. b. Maintenance Covenants. VISALIA HK shall maintain the Project in accordance with the custom and practice generally applicable to multifamily residential units in the City of Visalia, the Project and associated landscaping on the Property. Said maintenance shall include, but not be limited to, the building, sidewalks, lighting, landscaping, irrigation of landscaping, and any and all other improvements on the Property.
c. Obligation to Refrain from Discrimination. VISALIA HK covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual preference, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall VISALIA HK itself or any person claiming under or through them establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall run with the land.
d. Form of Nondiscrimination and Nonsegregation Covenants. All deeds, leases or contracts for the rental, sale or lease of the Property shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
i. In deeds. "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual preference, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." ii. In leases. "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual preference, source of income, marital status, national origin, or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein 45 7
leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." iii. In contracts. "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, sexual preference, source of income, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises."
e. Rights of Access. For purposes of assuring compliance with this Agreement, representatives of the City shall have the right of access to the Property, without charges or fees, at normal business hours. The City (or its representatives) shall, except in emergency situations, notify VISALIA HK at least 48 hours prior to exercising its rights pursuant to this Section.
Nothing herein shall be deemed to limit the ability of the City to conduct code enforcement and other administrative inspections of the Property in accordance with applicable law. f. Effect of Violation of the Terms and Provisions of this Agreement after Completion of Rehabilitation. City is deemed to be the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided, without regard to whether the City has been, remains or is an owner of any land or interest therein in the Property. City shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. Unless otherwise specifically provided, the covenants contained in this Agreement shall remain in effect until the issuance by the City of a certificate of occupancy for the Project, except for the following:
i. The covenants pertaining to the use and maintenance of the Property and all improvements thereon, shall remain in effect for fifty-five (55) years from the date of recordation of the Rental Restriction.
ii. The covenants against discrimination shall remain in effect in perpetuity.
4. DEFAULTS AND REMEDIES
a. Default Remedies. Subject to the permitted extensions of time as provided in Section 5 of this Agreement, failure by any party to perform any action or covenant required by this Agreement within the time periods provided herein following Notice and expiration of any applicable cure period, shall constitute a "Default" under this Agreement. A party claiming a Default shall give written Notice of Default to the defaulting party specifying the Default complained of. Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other party, and no other party shall be in Default if such 46 8
party within thirty (30) days following receipt of such Notice of Default immediately, with due diligence, commences to cure, correct, or remedy such failure or delay and completes such cure, correction, or remedy with diligence.
b. Institution of Legal Actions. Except as otherwise specifically provided herein, upon the occurrence of a Default, the party or parties claiming a Default shall have the right, in addition to any other rights or remedies, to institute any action at law or in equity to cure, correct, prevent, or remedy any Default, or to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Tulare, State of California, in an appropriate superior court in that County or in the Federal District Court for the Central District of the State of California.
Notwithstanding anything herein to the contrary, VISALIA HK's right to recover damages in the event of a Default by City shall be limited to recovery of actual damages and shall exclude consequential damages.
c. Acceptance of Service of Process. In the event that any legal action is commenced by VISALIA HK against the City, service of process on the City shall be made by personal service upon the City Clerk of the City or in such other manner as may be provided by law. In the event that any legal action is commenced by the City against VISALIA HK, service of process on VISALIA HK shall be made by personal service upon a Director of VISALIA HK, or in such other manner as may be provided by law.
d. Rights and Remedies Are Cumulative. The rights and remedies of the parties are cumulative, and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party, except as otherwise expressly provided herein or in the limited recourse provisions in the Note. e. Inaction Not a Waiver of Default. Any failures or delays by any party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
5. GENERAL PROVISIONS
a. Notices, Demands and Communications between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which any party may desire to give to the other parties under this Agreement must be in writing and may be given by any commercially acceptable means, including, but not limited to, via overnight courier, to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.
To City: City of Visalia
Attention: Finance Department - Housing
707 W. Acequia Avenue
Visalia, CA 93291
Email: [email protected]
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Phone: (559) 713-4460
To VISALIA HK: Visalia Homekey LP
c/o RHCB Development LP
3040 N. Fresno Street
Fresno, CA 93703
Attn: Wayne Rutledge, Chief Executive Officer
Email: [email protected]
Phone: (559) 213-7373
Any written notice, demand or communication shall be deemed received immediately if delivered by hand, on the third day from the date it is postmarked if delivered by first-class mail, postage prepaid, upon receipt of verification of transmission if sent via facsimile provided a copy is sent the same day via first-class mail, and on the next business day if sent via nationally recognized overnight courier. Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party.
b. Enforced Delay; Extension of Times of Performance. Subject to the limitations set forth below, performance by any party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; litigation; unusually severe weather; acts or omissions of the other party; or acts or failures to act of the City or any other public or governmental City or entity (other than the acts or failures to act of the City under this Agreement which shall not excuse performance by the City). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause (but in any event shall not exceed a cumulative total of one hundred twenty (120) days), if Notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and VISALIA HK. VISALIA HK expressly agrees that adverse changes in economic conditions, either of VISALIA HK specifically or the economy generally, changes in market conditions or demand, and/or VISALIA HK's inability to obtain financing or other lack of funding to complete the Project shall not constitute grounds of enforced delay pursuant to this Section 5. VISALIA HK expressly assumes the risk of such adverse economic or market changes and/or inability to obtain financing, whether or not foreseeable as of the date of this Agreement. c. Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon VISALIA HK and its permitted successors and assigns.
Whenever the term "VISALIA HK" is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided. d. Relationship between City and VISALIA HK It is hereby acknowledged that the relationship between City and VISALIA HK is not that of a partnership or joint venture and that the City and VISALIA HK shall not be deemed or construed for any purpose to be the agent of 48 10
the other. Accordingly, except as expressly provided herein or in the Attachments hereto, the City shall have no rights, powers, duties, or obligations with respect to the development, operation, maintenance or management of the Property or the Project. VISALIA HK agrees to indemnify, hold harmless and defend the City from any claim made against the City arising from a claimed relationship of partnership or joint venture between the City and VISALIA HK with respect to the development, operation, maintenance or management of the Property or the Project unless due to the gross negligence or willful misconduct of City. e. City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City Manager of the City or his or her designee is authorized to act on behalf of the City unless specifically provided otherwise or the context should require otherwise.
f. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. g. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe, or limit the scope or the intent of this Agreement or of any of its terms.
References to section numbers are to sections in this Agreement, unless expressly stated otherwise.
h. Interpretation. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Agreement shall be interpreted as though prepared jointly by all parties. i. No Waiver. A waiver by any party of a breach of any of the covenants, conditions, or agreements under this Agreement to be performed by another party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. j. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.
k. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
l. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in Sections 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time.
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m. Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.
n. Time of Essence. Time is of the essence with respect to the performance by City and VISALIA HK of each and every obligation and condition of this Agreement. o. Cooperation. Each party agrees to cooperate with the other parties in this transaction and, in that regard, shall execute any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. p. Conflicts of Interest. No member, official or employee of the City or VISALIA HK shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. q. VISALIA HK's Indemnity. VISALIA HK shall defend (with counsel reasonably acceptable to the City), indemnify, assume all responsibility for, and hold the City and its officers, employees, volunteers, agents and representatives, harmless from any and all Claims of any kind or nature relating to the subject matter of this Agreement or the implementation hereof and for any damages to property or injuries to persons, including accidental death (including reasonable attorney’s fees and costs), which may be caused by any of VISALIA HK's activities under this Agreement, whether such activities or performance thereof be by VISALIA HK or by anyone directly or indirectly employed or contracted with by VISALIA HK and whether such damage shall accrue or be discovered before or after termination of this Agreement. VISALIA HK's indemnity obligations under this Section 618 shall not extend to Claims occasioned by the gross negligence or willful misconduct of City or its designated agents or employees. r. Nonliability of Officials and Employees of City and VISALIA HK No member, official or employee of City shall be personally liable to VISALIA HK, or any successor in interest, in the event of any Default or breach by City or for any amount which may become due to VISALIA HK or its successors, or on any obligations under the terms of this Agreement. No member, official or employee of VISALIA HK shall be personally liable to City, or any successor in interest, in the event of any Default or breach by VISALIA HK or for any amount which may become due to City or its successors, or on any obligations under the terms of this Agreement. City and VISALIA HK each hereby waive and releases any claim it may have against the members, officials, or employees of the other with respect to any Default or breach by the other or for any amount which may become due to it or its successors, or on any obligations under the terms of this Agreement. City and VISALIA HK each make such release with full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder 50 12
to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
As such relates to this Section, City and VISALIA HK each hereby waives and relinquishes all rights and benefits that it may have under Section 1542 of the California Civil Code.
s. Assignment by City. City may assign or transfer any of its rights or obligations under this Agreement with the approval of VISALIA HK, which approval shall not be unreasonably withheld; provided, however, that the City may assign or transfer any of its interests hereunder to the City, or any public or private entity controlled by the City at any time without the consent of VISALIA HK.
t. Assignment by VISALIA HK. VISALIA HK shall not transfer or assign this Agreement, the Note, the Deed of Trust, or its interest in the Property or the Project or any portion thereof without prior written approval by the City, which approval shall not be unreasonably withheld. Notwithstanding anything to the contrary contained herein, City hereby expressly approves of a transfer of the Project to an affiliate of RHCB. u. Applicable Law. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.
IN WITNESS WHEREOF, City and VISALIA HK have executed this Agreement on the respective dates set forth below.
THE CITY OF VISALIA, a public body,
corporate and politic
Dated: _________________ By: ___________________________________ Leslie Caviglia, City Manager
APPROVED AS TO FORM:
______________________________________
Attorney for City
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VISALIA HOMEKEY LP,
a California limited partnership
By: HOM XXXIV LLC,
a Delaware limited liability company,
its Managing General Partner
By: Housing on Merit,
a California nonprofit public benefit corporation,
its Manager
By:
Miguel Garcia
Vice President of Real Estate Development
By: RHCB VISALIA LLC,
a California limited liability company,
its Co-General Partner
By: RHCB Development LP,
a California limited partnership,
its Sole Member
By: WRBH LLC,
a California limited liability company,
its General Partner
By:
Wayne Rutledge
Manager
By: UP VISALIA LLC,
a California limited liability company,
its Co-General Partner
By: UP Holdings California, LLC,
an Illinois limited liability company registered
to do business in the State of California,
its Sole Member
By:
Cullen J. Davis
Manager
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Exhibit “A”
Legal Description of the Property
Tract One:
Parcel No. 1 of Parcel Map No. 2043, in the City of Visalia, County of Tulare, State of California, as per map recorded in Book 21, Page(s) 44 of Parcel of Maps, in the Office of the County Recorder of said County.
Excepting therefrom that portion conveyed to the City of Visalia by deed recorded September 5, 1979 as Document No. 52150 in Book 3691, Page 353, Tulare County records.
APN: 087-330-040
Tract Two:
The North 30 feet of Lot 12 of Tract No. 214, in the County of Tulare, State of California, as per map recorded in Book 21, Page 68 of Maps in the Office of the County Recorder of said County, as said North 30 feet is shown on Sheet no. 2 of said map.
Excepting and reserving unto grantor an easement and right of way for the purpose of constructing, buying, laying, maintaining, operating, using, altering, repairing, inspecting and relocating in or upon or removing from the real property, a main, or mains, pipe line or pipe lines, with any and all connections, fixtures and appurtenances necessary or convenient thereto, for the production, transportation, distribution, sale and/or supply of water in connection with the right of free ingress and egress on the following described property:
The North 30 feet of Lot 1 of Tract No. 214 and Lot 12 of Tract No. 214, in the County of Tulare, State of California, as per map recorded in Book 21, Page 68 of Maps in the Office of the County Recorder of said County.
APN: 087-330-022
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ENCAMPMENT RESOLUTION FUNDING ROUND 3
AGREEMENT BETWEEN THE CITY OF VISALIA AND
ELEVATE COMMUNITY SERVICES, INC.
THIS AGREEMENT (the “Agreement”) is made this ___ day of __________, 2024, (the “Effective Date”) by and between ELEVATE COMMUNITY SERVICES, INC., a private, non-profit community-based organization (hereinafter “ELEVATE”), and the CITY OF VISALIA, a Charter Law city of the State of California (the “City”). The City and ELEVATE may be referred to collectively herein as the “Parties” or individually as a “Party.”
RECITALS
A. These Recitals are a material part of the Agreement and incorporated in the substantive and binding terms of the Agreement as if fully set forth therein.
B. The Encampment Resolution Funding (ERF) Program provides funding for person-centered projects that resolve unsheltered homelessness in encampments. ERF projects should address safety and wellness in encampments, resolve critical encampment concerns, and transition people into interim shelter or permanent housing. ERF projects should strengthen existing, successful models and/or support new approaches that provide safe, stable, and permanent housing for people in encampments. ERF funds may only be used for projects that connect people experiencing homelessness in encampments to interim shelter with clear pathways to permanent housing or place people directly into permanent housing to be used in accordance with applicable provisions under the authority of Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.), the Encampment Resolution Funding Program (Program) was established to increase collaboration between the California Interagency Council on Homelessness (Cal ICH) local jurisdictions, and Continuums of Care.
C. On December 4, 2023, City Council authorized staff to apply for Encampment Resolution Funding Program, Round 3 (ERF-3-R) for the on-site staffing and 19-units of rental subsidies for the Majestic Gardens to provide permanent supportive housing for persons living in targeted encampments within the City of Visalia. On September 27, 2024, the City of Visalia was awarded Eight-Hundred Fifty-One Thousand and One-Hundred and Ninety Dollars and 00/100 ($851,190.00) in ERF-3-R funds for the Majestic Gardens operational funds for on- site staffing including enhanced case management, security, and 19-units of rental subsidies for persons living in targeted encampments within the City of Visalia. Target encampments are identified in Exhibit C - Targeted Visalia Encampments.
D. ELEVATE desires to operate a permanent supportive housing project for people experiencing homelessness, located at 4545 W. Noble Avenue, Visalia, CA 93277, and more particularly described and identified in Exhibit A - Project Approach, attached hereto and incorporated herein (the “Project”). Said Project will be committed to “Limited Clientele”, strictly to only those who are homeless, in accordance with 24 CFR 91.5 as set forth herein (the “Project”).
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E. The Property is within the jurisdictional boundaries of the City. The operation of the Project will be accomplished using Encampment Resolution Funding (ERF) Round 3 funds, and other non-city funding sources.
F. The City is vested with the authority to use ERF funding for a variety of purposes, including providing funding to a community-based non-profit for operation of a permanent supportive housing complex for people experiencing homelessness. The project will utilize a Housing First, Low-Barrier Shelter Approach, which endeavors to quickly connect individuals and families experiencing homelessness to permanent housing without preconditions and barriers to entry.
G. The Project was constructed in all material respects in accordance with applicable zoning, building, housing and other codes, ordinances, and regulations consistent with the construction, and operation of a public facility on the Property.
H. Visalia Homekey LP an affiliated partner will own the property located in the City of Visalia at 4545 W. Noble Avenue, Visalia, CA, 93277.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and subject to the terms and conditions hereinafter stated, ELEVATE and City agree as follows:
I. PROJECT DETAILS.
A. ELEVATE agrees to utilize the funding providing through this Agreement for purposes of operation of the Project. The Property shall be owned by Visalia Homekey LP and operated by ELEVATE in partnership with RH Community Builders to operate the complex (Majestic Gardens) as the lead organization and project manager. Subject to the specific terms and conditions contained herein, the following documents contain the general understanding of the parties with regards to the City’s funding for ELEVATE’s operation of the Project: “Project Detail” provided by ELEVATE to the City, which shall be incorporated herein as Exhibit A – Project Approach; (2) “Project Budget” spreadsheet provided by ELEVATE, which shall be incorporated herein as Exhibit B – Project Budget.
B. As consideration for ELEVATE’s obligations hereunder, the City shall provide ERF-3-R funds in the amount not to exceed Eight-Hundred Fifty-One Thousand and One- Hundred and Ninety Dollars and 00/100 ($851,190.00), for the period of November 1, 2024, through June 30, 2027, to assist ELEVATE with on-site enhanced case management, security, and 19-unit of rental subsidies for the Majestic Gardens.
C. ELEVATE shall assist City in compliance with the requirements of the ERF program under the authority of Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.), the Encampment Resolution Funding Program was established to increase collaboration between the California Interagency Council on Homelessness (Cal ICH), Local Jurisdictions, and Continuums of Care for the following purposes:
1. Assist Local Jurisdictions in ensuring the safety and wellness of people experiencing homelessness in encampments.
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2. Provide grants to Local Jurisdictions and continuums of care to resolve critical encampment concerns and transition individuals into safe and stable housing.
3. Encourage a data-informed, coordinated approach to address encampment concerns.
ELEVATE also agrees to comply with all other applicable State, and local laws, regulations, and policies governing the funds provided under this Agreement. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
II. GRANT COMPLIANCE.
A. Restrictions Requirements. ELEVATE agrees that the Project shall be used as Permanent Supportive Housing complex, benefitting clientele - who are homeless and priority entry to those residing in targeted Visalia encampments, and following the “Housing First” approach and resulting in successful exits to permanent housing as per the requirements of ERF funds. All benefiting clients must be considered qualified persons ("Qualified Person”).
B. Qualified Person Certification. A Qualified Person is a person experiencing homelessness in accordance with the McKinney Act definition at 24 CFR 91.5. Annually during the affordability period for the Project, ELEVATE must certify in writing to the City with appropriate supporting documentation that the Use Restriction Requirements required by this Section have been completed in accordance with ERF and City requirements.
C. Maintenance of the Project. ELEVATE shall maintain the Project in accordance with the customs and practice generally applicable to public facilities in the City of Visalia. Said maintenance shall include, but not be limited to, the building, sidewalks, lighting, landscaping, irrigation of landscaping, and any and all other improvements on the Property.
D. Resident Conduct. ELEVATE, its successors and assigns shall ensure that any Qualified Person residing at the Project conduct themselves in accordance with the following standards:
i. Standards of aesthetics for residents regarding use and condition of the exterior amenities of the Facility, including patios and entryways. ii. Noise standards that comply with City requirements and limits. iii. Rules related to open/recreational areas that address, at a minimum, alcoholic beverage use, and public nuisance activities. iv. Parking prohibition of inoperative vehicles, boats, trucks of one-ton capacity and over, trailers and/or recreational vehicles within the complex. v. Standards of behavior for residents that could lead to eviction.
E. Maintenance and Operations. ELEVATE agrees to serve as the Property manager/Project operator for the Project. ELEVATE shall obtain City’s approval, which shall not be unreasonably withheld, if ELEVATE arranges for a third party to serve as the Property 56 4
manager/Project operator. ELEVATE and its agents or assigns will comply with or otherwise implement the following Property management/Project operation activities:
i. ELEVATE shall comply with all development standards, city codes, and ordinances. Buildings and premises, including paint/siding, roofs, windows, fences, parking lots, landscaping, and electrical systems shall be kept in good repair. Premises shall be kept free of junk and debris.
ii. ELEVATE shall provide a regular program for the control of infestation by insects, rodents, and other pests.
iii. Where conditions are attributable to normal wear and tear, ELEVATE shall make repairs and arrangements necessary to put and keep the premises in as good condition as required by law.
iv. ELEVATE shall maintain all electrical, plumbing, heating, and other facilities in good working order.
v. ELEVATE shall maintain the Public Facility in reasonably weather tight condition and good exterior appearance.
vi. ELEVATE shall remove graffiti within forty-eight (48) hours of it having been observed and/or reported.
vii. ELEVATE shall provide overnight access for the Visalia Police Department to ELEVATE’s maintenance and management staff in person, by telephone, or email. Such numbers shall be provided to the Visalia Police Department dispatch center and updated promptly as changed.
viii. ELEVATE shall establish and conduct a regular program of routine maintenance for the facility. Such program shall include, but not necessarily be limited to, regular inspections of common areas, restrooms, and other similar activities that typically require attention at periodic intervals, but not necessarily continuously. ix. The name and phone number of ELEVATE or ELEVATE’s contracted Property management/Project operator shall be posted in a prominent location at the front of the property.
x. ELEVATE shall maintain decorative planting in a manner that does not obstruct or diminish lighting and visibility throughout the complex and common areas. xi. ELEVATE shall manage the complex in a manner that does not permit inoperative vehicles, boats, trucks (one-ton capacity and over), trailers and/or recreational vehicles to be parked in the facility.
III. REPORTING COMPLIANCE
A. Reporting Compliance. ELEVATE shall be responsible for Homeless Management Information System (HMIS) data entry and reporting to the City, Cal ICH, and California Department of Housing and Community Development (HCD) for all ERF-3-R 57 5
targeted encampment clients. ELEVATE shall submit such reports as are required by the City to meet its local obligations and its obligations to Cal ICH, and HCD. Pursuant to HSC §50254 and WIC §8256, ERF-3-R grantees are required to enter specified data elements on the individuals and families served into their local HMIS. ELEVATE must follow the entry format specified by Cal ICH and/or HCD, which includes the use of funding codes (Other Funder Code and Grant ID) as described in the AB 977 HMIS Project Setup Instructions. Required reports include, but are not limited to the following:
ERF-3-R Subrecipient Requirements
Report Frequency Data Points
ERF-3-R Quarterly
Report
Quarterly • ERF-3-R Quarterly Performance Report
• Quarterly narrative and HMIS performance report.
Annual Report
Upon Project
Development
Annual • Annual Client Performance Tracker Report - Beneficiary data (direct client services) - demographics and income.
Final Report End of project • Major milestones (final performance report) • Goal comparison and analysis
• Leveraged funds
• Financial report
• Total cost and share that is ERF
Reimbursement
Requests
Monthly • Expenditures
• Timeliness
• Invoice
• General Ledger of Expenditures
• Source Expenditure Documents (i.e., receipts or invoices)
IV. DEFAULT AND REMEDIES
A. Failure to Perform. Failure by ELEVATE to duly perform, comply with, or observe any of the conditions, terms, or covenants of this Agreement shall constitute a breach of this Agreement, such failure having continued uncured for thirty (30) days after receipt of written notice thereof by ELEVATE from City. Alternatively, if the breach cannot reasonably be cured within thirty (30) days, ELEVATE shall not be in breach so long as ELEVATE is diligently undertaking to cure such breach and such breach is cured within ninety (90) days.
B. Notice of Default and Opportunity to Cure. For any breach of this Agreement, City shall give written notice to ELEVATE of any breach of the Agreement by specifying:
i. The nature of the event or deficiency giving rise to the breach of the Agreement.
ii. A date, which shall not be less than thirty (30) calendar days from the date of receipt of the notice, by which such action to cure must be taken. The City has the sole discretion to determine whatever additional reasonable time, up to ninety (90) days, is needed to cure.
58 6
C. Remedies. Upon the occurrence of a breach of the Agreement, and a failure to cure said breach within the time specified, the City's obligation to disburse funds shall terminate, and City may also, in addition to other rights and remedies permitted by the Agreement or applicable law, proceed with any or all of the following remedies in any order or combination City may choose in its sole discretion:
i. Terminate this Agreement, in which event City funds previously disbursed shall become due and payable within thirty (30) days, including any loan payments that may have otherwise been forgiven pursuant to Section I(C) herein. ii. Bring an action in equitable relief seeking the specific performance by Borrower of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of said terms and conditions, and/or seeking declaratory relief. iii. Pursue any other remedy allowed by law or in equity.
D. Hardship Exemption. If ELEVATE cannot comply with the requirements of this Agreement for any reason, ELEVATE may request City to alter ELEVATE’s obligations hereunder on terms acceptable to City, but no such request may be made later than thirty (30) days after City has delivered to ELEVATE notice of a breach or violation of this Agreement.
ELEVATE must deliver the request in writing to City. The request must set out the reasons why ELEVATE cannot comply with this Agreement and must describe any hardship to ELEVATE that compliance would cause. City is under no obligation to grant any relief and may proceed with its remedies under this Section III, at law and in equity, despite ELEVATE’s request or the hardship involved. The relief, if any, is to be determined by City in its sole discretion.
E. Right of Contest. ELEVATE shall have the right to contest in good faith any claim, demand, levy, or assessment, the assertion of which would constitute a breach of the Declaration hereunder. Any such contest shall be prosecuted diligently and, in a manner, non- prejudicial to City or the rights of City hereunder.
F. Remedies Cumulative. No right, power, or remedy given to City by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to City by the terms of any such instrument, or by any statute or otherwise against ELEVATE and any other person. Neither the failure nor any delay on the part of City to exercise any such rights and remedies shall operate as a waiver of such right or remedy, nor shall any single or partial exercise by City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
V. GENERAL PROVISIONS
A. Notices, Demands and Communications between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which any party may desire to give to the other parties under this Agreement must be in writing and may be given by any commercially acceptable means, including, but not limited to email and/or via overnight courier, to the party to whom the Notice is directed at the address of the Party as set forth below, or at any other address as that Party may later designate by Notice.
59 7
To City: City of Visalia, Finance Department
Attention: Housing Division
707 W. Acequia Avenue
Visalia, CA 93291
(559) 713-4460
[email protected]
To ELEVATE: Elevate Community Services, Inc.
Attention: Wayne Rutledge, CEO
3040 N. Fresno Street
Fresno, CA 93703
[email protected]
Any Notice shall be deemed received immediately if delivered by hand, on the third day from the date it is postmarked if delivered by first-class mail, postage prepaid, upon receipt of verification of receipt if sent via email, and on the next business day if sent via nationally recognized overnight courier. Notices sent by a Party's attorney on behalf of such Party shall be deemed delivered by such Party.
B. Compliance with Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.), for the Encampment Resolution Funding Program.
C. Records Maintenance. ELEVATE shall retain all records pertinent to the Project and activities and expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement or after the resolution of all State audit findings, whichever occurs later. ELEVATE shall maintain data documenting resident eligibility for housing and/or services provided. Such data shall include, but not be limited to, resident name, address, income level, ethnicity, and description of housing and/or services provided.
Reporting to City by ELEVATE of compliance with this provision shall be accomplished by delivering the initial “Income Certification” application/form which shall be provided to ELEVATE by the City. Thereafter, ongoing monitoring shall also include submission of annual audits, review of partner agreements, review of cash flows, reserves and capital improvements as requested by City. In addition, ELEVATE shall, if requested by City, provide to City a report or any other documentation relative to partnerships agreements, operational statements, including cash flow, reserves and capital improvements, occupancy, Resident composition, and such other matters as City shall reasonably request to ensure compliance.
D. Assignment, Transfers and Successors. For purposes of this Agreement, "Transfer" shall mean any sale, assignment, or transfer, whether voluntary or involuntary, of any rights and/or duties under this Agreement, and/or any interest in the Project or the Property, including, but not limited to, a fee simple interest, a joint tenancy interest, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a contract by which possession of the Project is transferred.
i. No Transfer shall be permitted without the prior written consent of the City.
60 8
ii. The approval of transfers by ELEVATE to another legal entity wholly controlled and managed by ELEVATE shall be permitted by the City and approval of said transfer shall not be reasonably withheld.
F. Severability. In the event any term or provision of this Agreement is deemed to be in violation of law, null and void, or otherwise of no force or effect, the remaining terms and provisions of this Agreement shall remain in full force and effect.
G. Parties Not Co-Venturers. Nothing in this Agreement is intended to, or does, establish the City and ELEVATE as partners, co-venturers or principal and agent with one another.
H. Warranties. City expresses no warranty or representation to ELEVATE as to fitness or condition of the Property or the Project, other than those specifically contained in the Purchase and sale Agreement between the Parties.
I. Attorney’s Fees. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach thereof, the party prevailing in any such action shall be entitled to recover against the party not prevailing, its reasonable attorney’s fees and costs incurred in such action.
K. Indemnification Regarding Project. ELEVATE agrees to indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to City) the City, and its respective Council members, officers and employees from all liability arising out of the Project, the Property, and ELEVATE’s operation of the Project, to the extent that such liability arises from the acts or omissions of ELEVATE, its subcontractors or guests. This provision shall survive expiration and/or termination of this Agreement.
L. Governing Law. This Agreement shall be interpreted under the laws of the State of California.
61 9
IN WITNESS WHEREOF, Purchaser has executed this Agreement, effective the day and year first set forth above.
ELEVATE COMMUNITY SERVICES, INC.
(ELEVATE)
Dated: _____________________ By:________________________________
Its: Wayne Rutledge, Chief Executive Officer
CITY OF VISALIA
Dated: ______________________ By: _____________________________
Its: Leslie Caviglia, City Manager
APPROVED AS TO FORM
By: ____________________________
City Attorney
62 10
Exhibit A - Project Approach
The Majestic Project will convert the 42-unit Majestic Inn located at 4245 W. Noble Avenue in Visalia into a 41-unit permanent supportive housing development, and one on-site manager unit complete with kitchens and five ADA accessible units for persons with mobility impairments, and two ADA accessible units for persons with sensory impairments, known as the Majestic Gardens. Elevate Community Services in partnership with RH Community Builders will provide on-site intensive case management and support services to all residents to ensure long-term stability.
The property will undergo significant rehabilitation to convert all units to meet Housing Quality Standards. Fire, life, and safety items such as fire sprinklers and accessibility will be addressed.
Units will be completely renovated with a new configuration to accommodate a kitchenette. Each unit will have new flooring, paint, blinds, doors, cabinets, and other repairs/replacements as needed. Exterior improvements will include items such as paint, concrete, fencing, stair rails, signage, lighting, trash enclosure, gutters, asphalt, landscaping, and a new security system.
The Majestic Inn will be acquired and owned by Visalia Homekey LP – a California Limited Partnership, general partners include RHCB Visalia LLC, HOM XXIV LLC, and UP Visalia LLC UPHoldings. UPHoldings is responsible for compliance, underwriting, and permanent conversion plans, while Elevate Community Services and RH Community Builders (RHCB) are the onsite operations and property managers.
Once renovations are completed, the units will be made affordable through operating subsidies provided by the Kings/Tulare Homeless Alliance and services will be offered on-site by RHCB and Tulare County Mental Health.
63 11
Exhibit B - Project Budget
CITY OF VISALIA - BUDGET MATRIX
Organization Name: Elevate Community Services, Inc.
City Funding Source: Encampment Resolution Funding Round 3 Project Name: Majestic Gardens - Operating & Rental Subsidies Project Dates: November 1, 2024 - June 30, 2027
RESOURCES
Total Resources $ 1,500,000.00
EXPENDITURES
Personnel Expenditures Salary FTE Months Total
MG Tenancy Support Case Manager $ 67,180.00 2.00 32.00 $ 152,042.00 MG Security Guard $ 36,125.00 2.00 32.00 $ 89,932.00 Total Personnel Expenditures $ 241,974.00
Operation Expenditures Unit Rate TIME Total
None 0 - 0 $ 0 Total Operation Expenditures $ 0 Client Expenditures Unit Rate Qty. Total
Rental Subsidies 19.00 $ 1,002.00 32.00 $ 609,216.00 Total Client Expenditures $ 609,216.00
Total Expenditures $ 851,190.00
64 12
Exhibit C – Targeted Visalia Encampments
Encampment Resolution Funding Round 3
1. State Hwy 198 Ben Maddox on ramp and State Hwy 198 between Burke Street and Santa Fe Street (4,031 ft), and the Demaree on ramp (785 ft).
65 13
2. State Route 63 at Riverway Sports Park, N. Dinuba Blvd between West Riggin Avenue and East Houston Avenue, and Lincoln Oval Park.
66 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0368 Agenda Date: 10/21/2024 Agenda #: 3.
Agenda Item Wording:
Purchase a compact pickup truck for the Wastewater Pretreatment Division - Approve the purchase of a compact pickup truck for the Wastewater Pretreatment Division from Giant Chevrolet in the amount of $34,227.50 and appropriate $38,000 from the Wastewater Fund.
Deadline for Action: 10/21/2024
Submitting Department: Public Works
Contact Name and Phone Number: Ben Litwack, Public Works Manager, (559)713-4671, [email protected]; Nick Bartsch, Public Works Director, (559)713-4052, [email protected]
Department Recommendation:
Staff recommends that Council approve the purchase of a compact pickup truck for the Pretreatment Division from Giant Chevrolet in the amount of $34,227.50 and appropriate $38,000 from the Wastewater Fund.
Background Discussion:
The City of Visalia’s Public Works Department has hired a third Industrial Waste Inspector (IWI) to enhance its capacity for monitoring and enforcing compliance with the City’s wastewater and stormwater regulations. The addition of this position was initially approved in response to the increasing demands on wastewater treatment infrastructure due to the growing population and industrial activity within the City limits.
At the time of approving the third IWI position, the expectation was that a new vehicle would be procured to accommodate the additional staff member. However, due to turnover within the division, the third position was not immediately filled and the third truck was overlooked in the development of the Division’s budget. As a result, with the recent hiring of the new IWI, the Industrial Waste Inspection team has been operating with only two trucks, which are fully utilized by the two existing inspectors. These vehicles are essential for their daily tasks, including site inspections, sample collection, equipment transportation, and responding to spills or other environmental concerns throughout the city. With the recent onboarding of the third inspector, it is now crucial to address this oversight and equip the new team member with a dedicated vehicle to ensure they can effectively carry out their duties without delay or resource-sharing conflicts.
The procurement of a compact pickup truck for the newly hired Industrial Waste Inspector is essential to maintaining operational efficiency and ensuring that all inspectors are equipped to respond to the city’s needs promptly. The following points outline the justification for this purchase:
1. Operational Efficiency: Without an additional vehicle, the new inspector will be required to Visalia City Council Printed on 10/17/2024Page 1 of 3
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67 File #: 24-0368 Agenda Date: 10/21/2024 Agenda #: 3. share a truck with the other inspectors. This will lead to scheduling conflicts, delayed responses to urgent issues, and an overall reduction in the team’s effectiveness. A dedicated vehicle will ensure that all inspectors can work independently and address concerns as they arise.
2. Expanded Coverage: As the City expands, the geographical area that each inspector must cover has also increased. Having a third vehicle will allow the inspection team to distribute their workload more evenly, reducing travel times and enabling more thorough inspections across all areas.
3. Safety and Compliance: Inspectors frequently transport equipment, hazardous materials, and samples that require secure and appropriate vehicle storage. A dedicated compact pickup truck will ensure that these items are transported safely, reducing the risk of contamination or spillage that could result from overloading or improper storage in a shared vehicle.
4. Cost-Effective Solution: A compact pickup truck is an economical choice that meets the specific needs of the Industrial Waste Inspector. It provides the necessary storage space and durability required for daily operations while being cost-effective in terms of purchase price, fuel efficiency, and maintenance costs.
Staff reached out to four different car dealerships and received only two quotes for a Chevrolet Colorado. Giant Chevrolet of Visalia, California came in with the lowest quote at a price of $34,227.50. Ed Dena’s Chevrolet of Dinuba also provided a quote with a price of $34,835.16. While communication was established with Martens Chevrolet and Stone Chevrolet, neither managed to generate and submit a quote despite multiple phone calls and email correspondence.
Fiscal Impact:
Staff is requesting to appropriate $38,000 from the Wastewater Fund (431) for the purchase of a compact pickup truck ($34,227.50) and the necessary accessories (light bar, toolbox, etc.). Any remaining balance will be released back to the 431 Wastewater Fund.
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I move to approve the purchase of a compact pickup truck for the Pretreatment Division from Giant Chevrolet in the amount of $34,227.50 and appropriate $38,000 from the Wastewater Fund.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 2024 Colorado spec sheet - City of Visalia Colorado - City of Visalia purchase order
Ed Dena Colorado
Visalia City Council Printed on 10/17/2024Page 2 of 3
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68 File #: 24-0368 Agenda Date: 10/21/2024 Agenda #: 3.
Marten Email 1
Stone Email 1
Stone Email 2
Stone Email 3
Stone Email 4
Visalia City Council Printed on 10/17/2024Page 3 of 3
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69 Detail Report for Customer
GIANT CHEVROLET OF VISALIA
1001 S BEN MADDOX WAY, VISALIA, CA, 93292
559-733-1100
Customer/Company: undefined Sales Consultant:
Address: undefined
Vehicle #1: 2024 Chevrolet Colorado VIN/Order # MSRP Stock # 1GCGSBEC2R1219251 $31,095.00 N/A
Additional Vehicle Information
Body Style: 14C43-Work Truck Crew Cab
PEG: 2WT-Work Truck Option Package 2WD
Primary Color: GAZ-Summit White
Trim: H1T-Jet Black, Cloth
Engine: L2R-Engine: 2.7L Turbo
Transmission: N8R-Transmission, 8-Speed Automatic
Options: 2WT-Work Truck Option Package 2WD
719-Seat Belt Color, Black
A2V-Seat Adjuster
A50-Seats, Front Bucket
ATG-Remote Keyless Entry
B30-Floor Covering, Carpet
BW5-Black Exterior Molding, Beltline
C67-Single-Zone Manual Air Conditioning
D31-Interior Rearview Tilt Mirror
D72-Exterior Door Handles, Black
DP5-Mirror Caps, Molded with Color
DWV-Mirrors, power-adjustable
GAZ-Summit White
GU6-Rear Axle, 3.42 Ratio
H1T-Jet Black, Cloth
KW7-Alternator, 170 amps
L2R-Engine: 2.7L Turbo
N8R-Transmission, 8-Speed Automatic
NCH-Door Locks, Rear Child Security
PED-Chevy Safety Assist
PPW-Wireless Phone Projection
PRF-3 Years of OnStar Remote Access
PZ8-Hitch View
QDC-Tire, Compact Spare, T175/90D18, Blackwall
QHR-Tires, 255/65R17 All-Season, Blackwall
RD6-Wheels, 17" X 8.0", Ultra Silver Metallic Steel
RTI-Spare Wheel, 18" x 4.5" Compact Steel
RWL-Rear Wheel Drive
U2K-SiriusXM Satellite Radio
UE1-OnStar and Chevrolet Connected Services
Capable
UEU-Forward Collision Alert
UHY-Automatic Emergency Braking
UQ3-Audio System Feature, 6-Speaker System
URL-11.3" Diagonal Advanced Color LCD Display
with Google
UVB-HD Rear Vision Camera
VK3-Front License Plate Kit
VV4-Communication Equip Mobile Internet
Connectity
YF5-California Emissions
Disclaimer:
GM has tried to make the pricing information provided in this summary accurate. Please refer to actual vehicle invoice, however, for complete pricing information. GM will not make any sales or policy adjustments in the case of inaccurate pricing information in this summary. 70 570468 STK#: TBA0828
NEW 2024 COLORADO
CHEVROLET
1GCGSBEC2R123439515
DEAL# 37151
CUST# 121448
0.00 0.00 34227.50 34227.50
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102590*1*GIANT-FI 08/28/2024 04:31 pm
BEN LITWACH
VISALIA, CA 93291
P.O. BOX 2576
VISALIA, CA 93279949-294-0577
559-733-1100
Monthly
GIANT CHEVROLET
[email protected]
COUNTY: TULARE
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GIANT CHEVROLET
71 102590*1*GIANT-FI 08/28/2024 04:31 pm
30918.46
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2635.29
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201.00ESTIMATE
326.00
8.75 20.00SMOG ABATEMENT FEE
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555.75
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30918.46
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72 102590*1*GIANT-FI 08/28/2024 04:31 pm
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77 From: TJ KIMBLEY
To: Ben Litwack
Subject: Your inquiry with Martens Chevrolet
Date: Monday, October 7, 2024 12:19:26 PM
You don't often get email from [email protected]. Learn why this is important Martens Chevrolet
Good Afternoon Ben,
78 My name is Brittany Cooper, Customer Experience Representative with Martens Chevrolet. I have received your request and look forward to assisting you.
I will be contacting you concerning any questions you may have as soon as I get back to my desk, but feel free to contact me directly at 559-258-2549.
Treating you better since 1929.
I look forward to speaking with you soon and the opportunity to earn your business.
Sincerely,
Brittany Cooper
Customer Experience Representative
559-258-2549
[email protected]
Martens Chevrolet
1050 I St.
Reedley, CA 93654
Martens Chevrolet
1050 I St. Reedley, CA 93654
Sales: 559-258-2549
79 From: Ben Litwack
To: [email protected]
Subject: RE: Follow Up From Stone Chevrolet Buick GMC
Date: Monday, September 30, 2024 12:33:00 PM
I’m still waiting for a quote on a Chevrolet Colorado.
Ben Litwack
Public Works Manager
7579 Avenue 288 | Visalia, CA 93277
949.294.0577 cell | 559.713.4671 desk
[email protected]
www.visalia.city
From: Gloria Davis <[email protected]> Sent: Sunday, September 29, 2024 3:25 PM
To: Ben Litwack <[email protected]>
Subject: RE: Follow Up From Stone Chevrolet Buick GMC
Good day Ben,
Hopefully, you are all set but I wanted to check in again and make sure that you did not slip through the cracks.
Have you been taken care of?
Best regards and have a wonderful day,
Gloria Davis | Internet Sales Assistant
Stone Chevrolet Buick GMC
(559) 605-6101
2100 E Tulare Ave
Tulare CA 93274
stonechevybuickgmac.com
You can sell or trade your car with us; click here for a value https://www.stonechevybuickgmc.com/trade.aspx
Unsubscribe
80 From: Ben Litwack
To: [email protected]
Subject: RE: Follow Up From Stone Chevrolet Buick GMC
Date: Thursday, October 3, 2024 9:05:00 AM
Hello Gloria,
I’m just following up on this. Will you guys be able to generate a quote for me?
Ben Litwack
Public Works Manager
7579 Avenue 288 | Visalia, CA 93277
949.294.0577 cell | 559.713.4671 desk
[email protected]
www.visalia.city
From: Gloria Davis <[email protected]> Sent: Monday, September 30, 2024 12:35 PM
To: Ben Litwack <[email protected]>
Subject: RE: Follow Up From Stone Chevrolet Buick GMC
Good day Ben,
Thank you for letting me know about this, I will let my manager know.
Thank you very much and have a good day,
Gloria Davis | Internet Sales Assistant
Stone Chevrolet Buick GMC
(559) 605-6101
2100 E Tulare Ave
Tulare CA 93274
stonechevybuickgmac.com
You can sell or trade your car with us; click here for a value https://www.stonechevybuickgmc.com/trade.aspx
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81 From: Ben Litwack
To: [email protected]
Subject: RE: Follow Up From Stone Chevrolet Buick GMC
Date: Monday, October 7, 2024 11:50:00 AM
Hey Gloria,
Can you please ask about this? I really need to get that quote today.
Thanks,
Ben Litwack
Public Works Manager
7579 Avenue 288 | Visalia, CA 93277
949.294.0577 cell | 559.713.4671 desk
[email protected]
www.visalia.city
From: Gloria Davis <[email protected]> Sent: Monday, September 30, 2024 12:35 PM
To: Ben Litwack <[email protected]>
Subject: RE: Follow Up From Stone Chevrolet Buick GMC
Good day Ben,
Thank you for letting me know about this, I will let my manager know.
Thank you very much and have a good day,
Gloria Davis | Internet Sales Assistant
Stone Chevrolet Buick GMC
(559) 605-6101
2100 E Tulare Ave
Tulare CA 93274
stonechevybuickgmac.com
You can sell or trade your car with us; click here for a value https://www.stonechevybuickgmc.com/trade.aspx
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82 You don't often get email from [email protected]. Learn why this is important From: Ben Litwack
To: [email protected]
Subject: RE: Follow Up From Stone Chevrolet Buick GMC
Date: Thursday, September 26, 2024 10:56:00 AM
Can you have Fred give me a call? I’d like to get a quote going today.
Ben Litwack
Public Works Manager
7579 Avenue 288 | Visalia, CA 93277
949.294.0577 cell | 559.713.4671 desk
[email protected]
www.visalia.city
From: Gloria Davis <[email protected]> Sent: Wednesday, September 25, 2024 3:13 PM
To: Ben Litwack <[email protected]>
Subject: RE: Follow Up From Stone Chevrolet Buick GMC
Good day Ben,
Fred is working on this and is looking forward to connecting with you.
Would (559) 713-4671 be the best number to use?
Have a great day,
Gloria Davis | Internet Sales Assistant
Stone Chevrolet Buick GMC
(559) 605-6101
2100 E Tulare Ave
Tulare CA 93274
stonechevybuickgmac.com
You can sell or trade your car with us; click here for a value https://www.stonechevybuickgmc.com/trade.aspx
Unsubscribe
83 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0400 Agenda Date: 10/21/2024 Agenda #: 4.
Agenda Item Wording:
Park Notice of Completion - Request authorization to file a Notice of Completion for Whitendale Park Arbor Replacement Project, 500 W. Beech Ave, Visalia, CA.
Deadline for Action: 10/21/2024
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713- 4564; [email protected] <mailto:[email protected]> Jason Glick, Parks and Recreation Director 713- 4042; [email protected] <mailto:[email protected]> Department Recommendation:
Staff recommends that the City Council authorize the filing of a Notice of Completion for the Whitendale Park Arbor Replacement Project.
Background Discussion:
Summary:
The scope of work included the removal of old wooden arbors and installation of a new 4 - post HIP - type shade structures. The contract was awarded to R. E. Schultz Construction, Inc. at the November 20, 2023, City Council Meeting in the amount of $128,965.00, and completed on October 4, 2024 with no change orders.
Background:
On September 13, 2023, and September 19, 2023, the City solicited bids by advertising in the Visalia Times Delta and the RFB was posted on Bid-Net. The City also emailed the RFB notices to contractors who have requested to be on our construction projects list to participate in this bid process.
On September 27, 2023, a non-mandatory pre-bid meeting was held in the City Council Chambers. A total of four (4) contractors attended the pre-bid meeting. During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations, and answered any questions.
Staff received several questions from contractors where staff carefully reviewed and answered them in a separate addendum.
On October 12, 2023, the City received bids from four (4) contractors. R. E. Schultz of Orange, CA. was the qualified low bidder for the Whitendale Park Arbor Project.
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84 File #: 24-0400 Agenda Date: 10/21/2024 Agenda #: 4.
Fiscal Impact:
The total construction cost of $128,965.00 is funded by the ARPA Fund 642 (Project No. 6420-72000/CP0499- 999). The initial estimate for the playground project was $200,000.00. The total project expenditures were completed under the estimated budget. There were no change orders for the project.
Whitendale Park Arbor Replacement Project CIP 6420-
72000/CP0499-999
Fund 642 - ARPA Fund $286,345.70
Actual Construction Costs
R. E. Schultz Construction $128,965.00
Legal Advertisement $ 322.41
Building Permit $ 270.00
Total Project Costs $286,345.70
Prior Council Action: November 20, 2023 - Council authorized the City Manager to award and enter into a construction contract with R. E. Schultz Construction for the demo and installation of new picnic arbors at Whitendale Park.
Other: None
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
Move to Authorize the filing of a Notice of Completion for the Whitendale Park Arbor Replacement Project.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Inspection Card, Draft Notice of Completion, Arbor Photos Visalia City Council Printed on 10/18/2024Page 2 of 2
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0411 Agenda Date: 10/21/2024 Agenda #: 5.
Agenda Item Wording:
RFB Award & Appropriation of Funds: Authorize the City Manager to award the construction contract with A-C Electric Company for traffic signal improvements at the intersection of St. Johns Parkway and Burke Street, in the amount of $1,135,767.80; authorize an additional appropriation of CMAQ funds in the amount of $70,000; authorize an additional appropriation of Measure R Regional funds in the amount of $565,000 and authorize amendment to the Measure R Supplemental Agreement.
Deadline for Action: 11/4/2025
Submitting Department: Community Development
Contact Name and Phone Number:
Jonathan Frausto, Associate Engineer, [email protected] < mailto:[email protected]>, (559) 713-4369
Diego Corvera, Senior Civil Engineer, [email protected], (559) 713-4209 Dolores Verduzco, Financial Analyst, [email protected], (559) 713-4540 Chris Crawford, City Engineer, [email protected] <mailto:[email protected]> (559) 713-4331
Jason Huckleberry, Engineering and Building Department Director, [email protected], (559) 713-4495
Department Recommendation:
Staff recommends that the City Council:
1. Authorize the City Manager to award a contract with A-C Electric Company for RFB 23- 24-20 for traffic signal improvements at the intersection of St. Johns Parkway and Burke Street (3010-72000/CP0514-999), in the amount of $1,135,767.80; and
2. Authorize an appropriation of additional CMAQ funds in the amount of $70,000; and
3. Authorize an appropriation of additional Measure R Regional (133) funds in the amount of $565,000; and
4. Authorize the City Manager to amend the Measure R Supplemental Agreement.
Background Discussion:
This project will include signalizing the intersection of St Johns & Burke St, replacing the all-way stop controls and improving the pedestrian access ramps to be in compliance with Public Right of Way Accessibility Guidance (PROWAG). In addition to these improvements the project will also install fiber optic interconnect from St. John's Pkwy at Burke St east (~1,300') to St. John's Pkwy at Ben Maddox Way. This will expand the connectivity of the City's fiber optic traffic signal network as well as reduce Visalia City Council Printed on 10/17/2024Page 1 of 4
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89 File #: 24-0411 Agenda Date: 10/21/2024 Agenda #: 5.
Way. This will expand the connectivity of the City's fiber optic traffic signal network as well as reduce emissions through minimizing delays at intersections.
In February of 2022, the City Council authorized the City Manager to receive and appropriate the awarded CMAQ funds for this project totaling $660,000 and to execute a Measure R Supplemental Agreement with TCAG to utilize $205,000 of Measure R Regional Funds for this project.
The original project estimate was established in the fall of 2020, the following years 2021, 2022 & most of 2023 saw an atypical inflationary market which contributed to construction cost increases significantly beyond what the original estimate had anticipated. This was the primary reason for the original estimate being lower than the final construction cost.
The project was advertised for construction in August of 2024. If awarded, the project is estimated to begin construction in May of 2025 with completion in August of 2025. Due to long lead time on traffic signal pole and equipment, the contractor will be given a preliminary notice to proceed for the project in order to acquire all necessary products & equipment. This will delay the start of work until Spring 2025. Following the preliminary notice, the City will work with the contractor to agree on a project schedule that will ensure the project will move forward without delay and seamlessly with the delivery of necessary equipment.
Bidding Process:
Staff advertised RFB 23-24-20 for the “Traffic Signal Improvements at St. John’sParkway & Burke St” on August 14th 2024, with a bid close date on September 12th, 2024. At the time of bid opening staff received three bids.
Base Bid
Contractor Location Bid Amount
1 A.C. Electric Inc. Bakersfield,
CA
$1,135,767.80
2 Power Design Kingsburg, CA $1,151,477.50
3 High Light Electric Colton, CA $1,188,888.00
City staff proceeded to review all three (3) bids submitted and it was determined that A.C. Electric Inc’sbid proposal was determined to be the lowest responsive bid; the references provided by AC Electric Inc have been verified. The references provided; Gray Construction, Agee Construction Corp., and City Visalia were called by City staff with favorable responses from all references. As a result, staff recommends that the construction contract be award to AC Electric Inc.
Fiscal Impact:
The traffic signal improvements at St. John’s Parkway & Burke St is funded using the Congestion Mitigation and Air Quality (CMAQ) grant fund through the Federal Transportation Improvement Program (FTIP), Measure R Regional (133) Funds from Tulare County Association of Governments (TCAG). See below for the project funding breakdown.
St. John’s Pkwy & Burke Signalization (CP0514)
Project Funding Source
Congestion Mitigation and Air Quality (CMAQ)$660,000.00 Measure R Regional Funds (133) $205,000.00
Total Project Funding $865,000.00
Estimated Project Costs
Consultant Design Services $89,220.00
Project Management $41,000.00
Construction $1,135,767.80
Construction Contingency (10%) $113,576.78
Construction Management (Estimate) $30,000
Construction Services (Materials Testing, Inspection (Est), Survey)$90,000 Total Estimated Project Costs $1,499,564.58
Surplus (Deficit) ($634,564.58)
Total Appropriation of Funds $635,000.00
CMAQ $70,000.00
Measure R Regional $565,000.00
Visalia City Council Printed on 10/17/2024Page 2 of 4
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90 File #: 24-0411 Agenda Date: 10/21/2024 Agenda #: 5.
St. John’s Pkwy & Burke Signalization (CP0514)
Project Funding Source
Congestion Mitigation and Air Quality (CMAQ)$660,000.00 Measure R Regional Funds (133) $205,000.00
Total Project Funding $865,000.00
Estimated Project Costs
Consultant Design Services $89,220.00
Project Management $41,000.00
Construction $1,135,767.80
Construction Contingency (10%) $113,576.78
Construction Management (Estimate) $30,000
Construction Services (Materials Testing, Inspection (Est), Survey)$90,000 Total Estimated Project Costs $1,499,564.58
Surplus (Deficit) ($634,564.58)
Total Appropriation of Funds $635,000.00
CMAQ $70,000.00
Measure R Regional $565,000.00
Due to the above-identified budget deficit, staff recommends the appropriation of $565,000 from Measure R Regional (133) and an appropriation of $70,000 of CMAQ funding for the completion of this project.
Prior to the bid, City staff notified TCAG of the expected budget deficit to determine if additional Measure R Regional allocations could be dedicated to complete this project.
An additional appropriation of $565,000 is being provided from the Measure R Regional Fund (133).
An amendment to the Measure R Supplemental agreement is needed to increase the Measure R funds approved to be utilized towards this project.
Prior Council Action:
December 21, 2020
Authorized submission of Congestion Mitigation and Air Quality (CMAQ) funding applications to Tulare County Association of Governments (TCAG) for multiple capital improvement projects February 22, 2022
Authorized receival and appropriation of $1,757,000 Congestion Mitigation and Air Quality (CMAQ) grant and $452,000 from the Measure R Regional Fund (133). Authorized the City manager to execute Measure R Supplemental agreements with TCAG.
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91 File #: 24-0411 Agenda Date: 10/21/2024 Agenda #: 5.
Recommended Motion (and Alternative Motions if expected):
I move to Authorize the City Manager to enter into a contract with A.C. Electric for RFB 23-24-20 traffic signal improvements at St. John’sParkway & Burke St Project (3010-7200/CP0519-999), in the amount of $1,135,767.80; Authorize an additional appropriation of $70,000 in CMAQ funds; Authorize an additional appropriation of $565,000 in Measure R Regional Funds (133); and Authorize the City Manager to amend the Measure R Supplemental Agreement.
Environmental Assessment Status:
Categorical Exemption No. 2022-26
Attachments:
1. A.C. Electric Inc. Ownership Disclosure Form
2. Project Location Map
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94 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0415 Agenda Date: 10/21/2024 Agenda #: 6.
Agenda Item Wording:
Authorization to Award Contracts for License Plate Readers - Authorize the City Manager to award a four (4) year sole source contract to Flock Group, Inc. in the amount of $300,000 for Flock Fixed Automatic License Plate Readers (ALPR).
Deadline for Action: 10/21/2024
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]> Department Recommendation:
Authorize the City Manager to award a sole source contract to Flock Group Inc. from Atlanta, GA in the amount of $300,000 for Flock Fixed-Mount Automatic License Plate Readers. There will be a total of 22 cameras installed in strategic locations and two (2) separate services contracts due to the different funding sources. The original budgets allowed for 15 cameras; however, due to a vendor discount, we were able to increase the number of cameras to 22 without an increase in the approved budgets.
Summary:
The Visalia Police Department has thoroughly researched various methods to prevent and respond to Part One crimes within the City of Visalia and County of Tulare. Nationwide, Flock Safety fixed- mount Automated License Plate Reader (ALPR) cameras have had a tremendous impact on reducing these types of crimes that affect our community and have served as a valuable and effective tool in supporting investigations to help solve and reduce property crimes, missing persons, and violent crimes. Flock Safety fixed-mount ALPR cameras work by identifying vehicle license plates and features that have been entered in the Stolen Vehicle System, National Crime Information Center, or entered by officers throughout the State of California.
In addition to an effective response for auto-theft related crimes, Flock Safety fixed-mount ALPR cameras can also provide significant benefits through its community care taking functions and as an investigatory tool. Flock Safety fixed-mount ALPR cameras allow staff to enter license plates for missing persons that are considered at-risk. This allows staff to proactively enter license plate information quickly which is pushed out to all fixed-mount ALPR cameras. This same feature can assist staff in criminal investigations by allowing staff to enter plates for vehicles that are associated with wanted offenders. Investigators can also use previously scanned license plates to identify if subjects were observed traveling to or from a crime scene. Finally, Flock Safety fixed-mount ALPR cameras can identify license plates associated with law enforcement-based alerts that are generated and shared nationwide, such as known retail theft offender groups.
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Background Discussion:
Flock Safety fixed-mount ALPR cameras have become one of the most popular ALPR cameras available to law enforcement and are also available to school districts, businesses, and hospitals.
Currently, there are 18 Flock Safety fixed-mount ALPR cameras operating throughout the City of Visalia. These cameras are installed at various businesses and properties which are owned by private entities. As a Flock Safety customer, the Visalia Police Department would gain access to the 18 existing Flock Safety fixed-mount ALPR cameras at no additional cost. This would expand the network of ALPR cameras available to the Visalia Police Department significantly. Nationwide, all law enforcement owned Flock Safety ALPR cameras communicate with each other, allowing law enforcement to track offenders from jurisdictions outside of the City of Visalia. Locally, Flock Safety fixed-mount ALPR cameras are installed in the following cities: Farmersville, Woodlake, Porterville, Lindsay, Tulare, Hanford, Lemoore, Corcoran, Orange Cove, Reedley, Fowler, and Fresno. These cities combined have a total of more than 250 Flock Safety fixed-mount ALPR cameras, which the Visalia Police Department would gain access to after becoming a customer.
Flock Safety fixed-mount ALPR cameras have no infrastructure requirements resulting in zero utility costs. The cameras are powered by solar and utilize a wireless LTE connectivity. Flock Safety services, maintains, and replaces each fixed-mount ALPR camera at no additional cost for the contracted period.
Flock Safety is the only fixed-mount ALPR camera company that provides connectivity with the existing Flock Safety fixed-mount ALPR cameras that are installed throughout the City of Visalia and surrounding jurisdictions. They are also the only company that features technology that is capable of capturing vehicle identifiers other than license plates. The JAG Grant Management Specialist with the Office of Justice Programs Bureau of Justice Assistance approved and authorized the sole- source purchase of Flock Safety fixed-mount ALPR cameras regarding Contract #1.
Fiscal Impact:
No new appropriations required at this time. There will be two (2) separate contracts due to separate funding sources. Contract #1 is for nine (9) cameras and contract #2 is for 13 Cameras.
The cost variance between the two projects is primarily due to differences in equipment and installation infrastructure. The ALPR cameras purchased under contract #1 are being installed on CalTrans right of way infrastructure which has an increased installation cost. Furthermore, two of the ALPR cameras included in this contract are more costly due to their range capabilities.
Contract #1 is funded by JAG 2023 Grant for year 1 and 2. The JAG 2024 Grant allocation was announced, and the staff report for Council is pending for December 2024. JAG 2025 Grant allocation is to be determined but is projected for $60,000. JAG Grant 2024 and JAG 2025 will fund year 2 and 3 of contract #1. The JAG Grant is a non-competitive Grant and is allocated annually by the U.S. Department of Justice for the sole use of law enforcement. The JAG Grant is effective for three (3) years.
Contract #2 is funded by the General Fund under an approved CIP for year 1 and Police operations for years 2 and 3. JAG 2025 Grant will fund year 4.
The City does not own the equipment and is maintained and serviced by Flock. If Flock hardware is lost, stolen, or damaged, a replacement may be requested at a cost according to the vendor’s reinstall fee schedule. The current cost to replace a camera is $800. The life of the equipment is Visalia City Council Printed on 10/18/2024Page 2 of 4
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96 File #: 24-0415 Agenda Date: 10/21/2024 Agenda #: 6. reinstall fee schedule. The current cost to replace a camera is $800. The life of the equipment is projected to be four (4) to five (5) years and if required will be replaced by the vendor at no cost at the end of life.
The project will be evaluated prior to year 4 for effectiveness and available funding. There is no charge to remove equipment should the ALPR program be discontinued.
Implementation of the program will begin on January 1, 2025, and funding is described below.
Contract #1
Funding JAG
Grant
Award
Automatic License Plate Reader (ALPR) ~ 9
Cameras ~
Jan-25 Jan-26 Jan-27 Jan.-28 Total
JAG 2023 EQ0230 $72,710 $35,000$35,000 $70,000
JAG 2024 $64,311 $35,000$29,311$64,311
JAG 2025 ($60,000
EST)
$5,689 $5,689 $5,689
Total $142,71
0 $35,000$35,000$35,000$35,000$140,00
0 Contract #2
Funding Grant
Award
Automatic License Plate Reader (ALPR) ~ 13
Cameras ~
Jan-25 Jan-26 Jan-27 Jan.-28 Total
General Fund (CP0686) N/A $39,000 $39,000
Operations (2101-
55520)
N/A $39,000 $40,000 $79,000
JAG 2025 ($60,000
EST)
$54,311 $40,000 $40,000
Total $39,000 $39,000 $40,000 $40,000 $158,00
0 Total Annual Cost (All ALPR) $74,000 $74,000 $75,000 $75,000 $298,00 0 Prior Council Action: None.
Other: N/A
Alternatives: Not award contracts.
Recommended Motion (and Alternative Motions if expected):
Authorize the City Manager to award a four (4) year sole source contract to Flock Group, Inc. from Visalia City Council Printed on 10/18/2024Page 3 of 4
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97 File #: 24-0415 Agenda Date: 10/21/2024 Agenda #: 6.
Authorize the City Manager to award a four (4) year sole source contract to Flock Group, Inc. from Atlanta, GA, in the amount of $300,000 for Flock Fixed Automatic License Plate Readers (ALPR).
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Master Service Agreement, Quotes, and Reinstall Fee Schedule.
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Flock Reinstall Fee Schedule 10/2024
After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the deployment plan (“Reinstalls”) driven by a Customer’s request will incur a fee per the table below.
All fees are per reinstall or required visit (in the case that a reinstall is attempted but not completed), and include labor and materials. If you have any questions, please email [email protected]
Professional Services Schedule:
Initial Camera Installation
• Existing Infrastructure | $150
• Standard Install | $650
• Advanced Install | $1,250
Equipment Replacements
• Camera replacement as a result of vandalism, theft, or damage | $800 • Flock pole replacement as a result of vandalism, theft, or damage | $500 (N/A) • Advanced pole replacement as a result of vandalism, theft, or damage | $2,000 (N/A) • Technician visit for any other reason not listed above | $350 • Solar panel replacement as a result of vandalism, theft, or damage | $350
Flock Safety Falcon Flex™ Replacements
• Replacement Camera | $800
• Replacement Battery | $750
• Replacement Solar Panel | $500
• Replacement DC Power Kit | $150 (N/A)
• Replacement AC Power Kit | $150 (N/A)
130
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0422 Agenda Date: 10/21/2024 Agenda #: 7.
Agenda Item Wording:
Construction Management Services Contract Award - Authorize the City Manager to execute an agreement with NV5, Inc. to provide construction management services for two City projects 1) Shirk Street Capacity Enhancement Project from School Ave to Riggin Ave and 2) Riggin Avenue Widening Project from Kelsey St to Shirk St in the amount of $545,707.60 & $259,369.23 respectively, combined total of $805,076.83.
Deadline for Action: 10/21/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], 713-4495
Department Recommendation:
Staff recommends that the City Council authorize the City Manager to execute an agreement with NV5, Inc to provide construction management services for the Shirk Capacity Enhancement Project & the Riggin Avenue Widening Project Kelsey St to Shirk St. Project in the amount of $545,707.60 & $259,369.23 respectively, combined total of $805,076.83.
Background Discussion:
Shirk Capacity Enhancement Project:
The Shirk Capacity Enhancement project spans from School Ave to Riggin Ave and consists of widening the east side of Shirk St at various locations to accommodate four lanes of travel with a center two-way left turn lane, buffered Class II bike lanes and the installation of approximately 8,200 lineal feet of 48”diameter sewer main and associated infrastructure in the existing street. The project will modify existing traffic signals to accommodate the new street configuration as well as install a new traffic signal at Doe Ave and Shirk St.
As directed by the City Council through a prior budget process, the operational improvement widening of Shirk Street between School Ave and Riggin Avenue will be implemented as soon as possible, and the full, ultimate arterial street design requirements will be implemented as a subsequent phase, as further development occurs, and the needed right of way is dedicated to the City. City staff estimates that this Shirk corridor capacity enhancement project will operate at a reasonable level of service for a minimum of 10 years.
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File #: 24-0422 Agenda Date: 10/21/2024 Agenda #: 7.
Riggin Avenue Widening Project Kelsey to Shirk St:
The Riggin Avenue Widening Project spans from Kelsey St to Shirk St and consists of widening the existing 2-lane street to a divided 4-lane street with the construction of center medians, landscaping, street lighting, interconnect conduit, storm drainage, turn pockets, Class IV bike lanes, and the signalization of Riggin Ave and Shirk St.
Industrial and residential development in the surrounding areas has increased significantly over the past ten years, resulting in greater traffic congestion in this area of the City. The widening of this segment of Riggin Avenue, between Kelsey Street and Shirk Street, will help alleviate this congestion. Additionally, the proposed traffic signal at the intersection of Riggin Ave and Shirk Street will help with access to SR 198 and SR 99 interchanges along those respective roadways.
Construction Management (CM) Approach:
In order to obtain construction support services to continue to successfully and timely deliver the construction of various Capital Improvement Project (CIPs), the Purchasing Division issued a request for Proposals (RFP 20-21-18) to retain up to three (3) qualified consulting firms to provide Construction Management (CM)/Resident Engineering (RE) services on an on-call basis. The City reviewed seven (7) proposals in response to the solicitation. A selection committee reviewed and ranked each proposal to develop a short-list of 3 firms. Those three (3) firms then presented to an interview panel early in December 2020. The interview panel ranked each team and selected NV5, Inc., 4Creeks, Inc., and Vanir Construction Management, Inc., as the highest ranked consultants.
This on-call list is valid for five (5) years and is renewed annually. This list will need to be re- established by the end of 2025
Due to the proximity of the two projects and the fact that both projects will be in construction at the same time, it is most efficient & cost effective to have a single construction management firm overseeing both projects. The construction limits on both projects overlap at the Riggin Ave and Shirk St intersection, it will serve the City well to have a CM on the job that is intimately familiar with both project schedules and overall scope to ensure timely and efficient construction coordination.
NV5 Inc was selected as the Construction Manager as they currently have staffing capacity and expertise to oversee these projects. The City has had a positive experience with NV5 on complex projects such as these which will require robust community outreach. As such City staff is confident in a successful delivery of both projects through the construction management of NV5 staff.
This proposal includes robust public outreach efforts that will keep Visalia residents and businesses apprised of the construction progress for both projects. The program will follow the successful outreach approach as the Caldwell Widening project Akers to Shady, making use of all forms of public notification mediums such as mailers, social media, text alerts and newspaper notifications.
Projects Timeline:
Shirk Capacity Enhancement Project - Construction awarded 9/21/2024, project is anticipated to begin at the end 2024.
Riggin Avenue Widening Project - Construction award anticipated December 2024, project Visalia City Council Printed on 10/17/2024Page 2 of 6
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File #: 24-0422 Agenda Date: 10/21/2024 Agenda #: 7.
anticipated to begin in early 2025.
Fiscal Impact:
Shirk Capacity Enhancement Project is a multi-funded project with funds budgeted from the Gas Tax Fund (111), Wastewater Trunkline Fund (231) and funds budgeted from the Measure R Local Fund (131).
Riggin Avenue Widening project is a multi-funded project with funds budgeted from Transportation Impact Fee (241), Measure R Regional Fund (133), and an Economic Development Administration grant.
See the project funding breakdown for both projects below.
Shirk Capacity Enhancement Project Budget (CP0369)
Shirk Project Budget
Gas Tax (fund 111) $2,430,699.20
Measure R Local (Fund 131) $6,141,000.00
Wastewater Trunkline (Fund 231) $13,294,721.6
9 Total Project Funding $21,866,420.8
9 Estimated Project Costs:
Project Management $350,000.00
Design Services $810,000.00
Acquisition Cost (ROW) $396,299.24
Misc Administration Fees (RR permit) $3,000.00
Utility Relocation SCE (distribution pole relocation)$150,000.00 Cal Water Relocation $35,000.00
Railroad Coordination $50,000.00
Construction Sewer Installation Base Bid (B)$9,998,000.00 Construction Street Construction Base Bid (A)$6,446,225.00 Construction Contingency (~10% of Construction)$1,644,422.50 Construction Management ~(3%) $545,707.60
Construction Services (Material Testing, Inspection, Survey)$1,233,316.88 Total Estimated Project Costs: $21,661,971.2
2 Surplus (Deficit) $204,450
Riggin Avenue Widening Project Kelsey to Shirk Budget
Riggin Avenue Project Budget
Measure R Regional Funds (Fund 133) $1,700,000.00
Traffic Impact Fee (Fund 241) $4,775,000.00
Economic Development Administration Grant$4,000,000.00
Total Project Funding $10,475,000.0
0 Estimated Project Costs:
Project Management $150,000.00
Design Services $375,000.00
Acquisition Services $50,000.00
Land Acquisition (Right-of-way) $1,150,000.00
Utility Relocation (Refer to SCE relocation Agreement)$1,081,000.00 Construction (Estimate) $9,071,445.00
Construction Contingency (~10% of Construction)$1,000,000.00 Construction Management ~(3.5%) $259,369.23
Construction Services (Material Testing, Inspection, Survey) ~ (7.5%)
$680,358.38
Total Estimated Project Costs: $13,817,172.6
1 Surplus (Deficit) ($3,342,173)
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File #: 24-0422 Agenda Date: 10/21/2024 Agenda #: 7.
Riggin Avenue Widening Project Kelsey to Shirk Budget
Riggin Avenue Project Budget
Measure R Regional Funds (Fund 133) $1,700,000.00
Traffic Impact Fee (Fund 241) $4,775,000.00
Economic Development Administration Grant$4,000,000.00
Total Project Funding $10,475,000.0
0 Estimated Project Costs:
Project Management $150,000.00
Design Services $375,000.00
Acquisition Services $50,000.00
Land Acquisition (Right-of-way) $1,150,000.00
Utility Relocation (Refer to SCE relocation Agreement)$1,081,000.00 Construction (Estimate) $9,071,445.00
Construction Contingency (~10% of Construction)$1,000,000.00 Construction Management ~(3.5%) $259,369.23
Construction Services (Material Testing, Inspection, Survey) ~ (7.5%)
$680,358.38
Total Estimated Project Costs: $13,817,172.6
1 Surplus (Deficit) ($3,342,173)
NV5, Inc, construction management proposal is approximately 3.5% of the construction cost for both Shirk Project and Riggin Project respectively. This is under the typical 5% CM cost for other construction projects.
Although the project cost estimate for the Riggin Ave Widening project currently identifies a budget deficit, construction for this project has not yet been awarded. Staff will return to Council at the time of construction award and request additional funds as necessary to complete construction.
Prior Council Action:
Shirk Capacity Enhancement Project Prior Items:
September 21, 2024
RFB Award & Appropriation of Funds: Authorize City Manager to award the construction contract to Avison Construction Inc. for RFB 23-24-19, Shirk Capacity Enhancement Project from School Avenue to Riggin Avenue in the amount of $16,444,225.00 and authorize additional appropriation of funds.
October 16, 2023
Authorized the City Manager to approve Amendment No. 2 with Quad Knopf Consultants for additional professional design services in the amount not to exceed $139,635.
September 20, 2021
Public hearing to consider and adopt a Resolution of Necessity to acquire portions from three separate properties APN 077-780-003; 077-640-001 and 077-650-001 generally located along Shirk Visalia City Council Printed on 10/17/2024Page 4 of 6
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separate properties APN 077-780-003; 077-640-001 and 077-650-001 generally located along Shirk Street between Riggin Avenue and Goshen Avenue for the purpose of widen Shirk Street.
August 3, 2020
Adoption of Resolution No. 2020-42 authorized the acceptance of portions of an “IrrevocableOffer of Dedication” for street right-of-way on the east side Shirk Street just north of Ferguson Avenue and between Doe Avenue and Goshen Avenue. In addition, adopted resolution No. 2020-43 designating a portion of City owned property located at APN 077-710-077 which is property located along the east side of Shirk Street just south of Ferguson Avenue, as part of the public City Street System.
October 21, 2019
Authorized the City Manager to enter into a contract with Quad Knopf, Inc. for RFP 19-20-08 to prepare Plans, Specifications, and Estimates for the Shirk Capacity Enhancement and Sewer Trunkline Project in the amount not to exceed $533,746.
Riggin Avenue Widening Project Prior Items:
August 5, 2024
Council authorized the execution of Southern California Edison (SCE) Facilities Relocation Agreement for $1,081,000.00 and adopt resolution 2024-46 for the Riggin Avenue Widening Project Kelsey St to Shirk St. Project.
October 17, 2022
Council accepted grant award from the U.S. Economic Administration (EDA) for $4,000,000 and executed the EDA grant agreement for the construction of Riggin Avenue Widening project from Kelsey St to Shirk St.
March 21, 2022
Adopted resolution No. 2022-09 certifying Mitigated Negative Declaration No. 2021-62 prepared for CEQA compliance as part of the Economic Development Administration (EDA) ARPA Grant for construction of the Riggin Widening Project from Kelsey Street to Shirk Street (State clearing house No. 2022010046) (Resolution No. 2022-09 required).
March 15, 2021
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-200-006 generally located at the northwest corner of the intersection of Riggin Avenue and Shirk Street.
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-100-088 generally located at the northeast corner of the intersection of Riggin Avenue and Shirk Street.
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-480-001 generally located at the northwest corner of the intersection of Riggin Avenue and Kelsey Street.
September 8, 2020
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of Visalia City Council Printed on 10/17/2024Page 5 of 6
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Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-480-001 generally located at the northwest corner of the intersection of Riggin Avenue and Kelsey Street.
August 17, 2020
Council authorized the City Manager to enter into a contract with 4Creeks Inc., for RFP 19-20-60 to prepare Plans, Specifications, Estimates, and Environmental Services for the Riggin Avenue Widening Project from Kelsey Street to Shirk Street, in the amount not to exceed $200,000.00.
April 6, 2020
Council authorized the execution of a measure R Supplement Agreement with the Tulare County Association of Governments (TCAG) to secure $3.5 million of Measure R Regional Funds for the Riggin Ave. Widening from Kelsey St to Shirk
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to execute an agreement with NV5, Inc to provide construction management services for the Shirk Capacity Enhancement Project & the Riggin Avenue Widening Project Kelsey St to Shirk St. Project in the amount of $545,707.60 & $259,369.23 respectively, combined total of $805,076.83.
Environmental Assessment Status:
Shirk Capacity Enhancement Project:
CEQA Exemption - 2024-48
Riggin Avenue Widening Project:
Mitigated Negative Declaration No. 2019-73
Attachments:
1. Ownership Disclosure Form
2. Project Location Map - Shirk & Riggin
3. NV5 On Call Contract
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137
N Shirk St
W Goshen Ave
W Doe Ave
Rd 88
Ave 312
N Roeben St
W Riggin Ave
W Hurley Ave
N Tom
m
y St
W Ferguson AveW Sunnyview Ave
W School Ave
W Wren Ave
W Logan Ave
W Perez Ave
W Sweet Dr
N Clancy St
W Robin Ave
N Preston St
W Oriole Ave
N El Cajon St
W Grove Ave
W Prospect Dr
W Damsen Ave
N Boise St
W Babcock Ave
N M
arcin St
N Denton St
N Roeben Dr
W Pershing Ct
N Clancy Ct
W Elowin Dr
W Clinton Ave
W Harold Ave
Private St
W Elowin Ave
W Whitley Ave
W Pershing Ave
W Modoc Ave
W Prospect Ave
W Clinton Ct
Rd 92
W Vine Ct W Vine Ave
N M
ae Carden St
W Ceres Ave
W Oak Ave
W Buena Vista Ave
W Lark Ct
N Stokes Ct
W Allen Ct
N Lindsay Ct
W Thompson Ave
N Cottonwood St
W Stewart Ave
N Denton Ct
N Verm
ont St
W Crowley Ave
W School Ct
N Branson Ct
W Delaware Ct
N M
ae Carden Ct
N Cottonwood Ct
W Oriole Ct
W Robinwood Ave
N Peppertree Ct
N Quincy Ct
W Modoc Ct
W Buena Vista Ct
N Tom
m
y Ct
N Oak Grove St
N Tom
m
y St
W Vine Ct
W Riggin Ave
N Cottonwood St
N Preston St
W Damsen Ave
N M
arcin St
W Pershing Ave
W Perez Ave
W Lark Ct
W Oriole Ave
W Modoc Ave
N Stokes Ct
MILL CREEK
DITCH (p)
MILL CREEKMILL CREEK
±
1 inch = 1,000 feet
LOCATION MAP
Shirk Capacity Enhancement from School Avenue to Riggin Avenue 138 Rd 92
Ave 320
W Doe Ave
N Shirk St
W Goshen Ave
N Plaza Dr
N Kelsey St
W Riggin Ave Ave 312
W Kibler Ave
W Sunnyview Ave
W Ferguson AveN Plaza Dr
²
Location Map
Riggin Ave Widening - Kelsey to Shirk
Riggin Avenue
(Kelsey to Shirk)
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140
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0423 Agenda Date: 10/21/2024 Agenda #: 8.
Agenda Item Wording:
Authorization to Accept Technical Assistance Voucher - Authorization for the Public Works Department to accept a Technical Assistance Voucher for the U.S. Dept. of Energy’s Energy Efficiency and Conservation Block Grant in the amount of $182,320.00 to develop a comprehensive energy efficiency and energization audit of the Water Reclamation Facility.
Deadline for Action: 10/21/2024
Submitting Department: Public Works
Contact Name and Phone Number: Ben Litwack, Public Works Manager, [email protected], 713-4671. Nick Bartsch, Public Works Director, [email protected], 713-4052. Devon Jones, Economic Development Manager, [email protected], 713-4190.
Department Recommendation:
Staff recommends that Council authorize the Public Works Department to accept the U.S. Dept. of Energy’s Energy Efficiency and Conservation Block Grant Technical Assistance voucher worth the full formula amount of $182,320.00 to develop a comprehensive energy efficiency and energization analysis of the Water Reclamation Facility.
Background Discussion:
The U.S. Department of Energy (DOE) received funding from the Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA) to create or expand key agency programs. One of those programs is the Energy Efficiency and Conservation Block Grant (EECBG) Program that received $550M through BIL and is administered by DOE’s Office of State and Energy Community Programs (SCEP). The EECBG program is designed to assist local governments and tribes in implementing strategies to reduce energy use, cut carbon emissions, and improve energy efficiency.
Through the EECBG Program, DOE is offering eligible local and Tribal governments the option to select a technical assistance voucher in lieu of a traditional formula grant. Technical Assistance voucher recipients do not receive direct funding, instead they receive the allocation amount in the form of technical assistance services from the Technical Assistance (TA) Administrator, which will be selected and provided by DOE. Technical assistance voucher recipients may not select their own technical assistance provider. As staff does not have a specific vendor in mind for the analysis, but rather a preferred end result of such a study, this option is ideal as technical experts will be identified for the City by the granting agency based on the City’s desired outcomes. City staff will have a limited number of project scoping consulting hours with the designated TA Administrator and then the TA Administrator will complete the analysis requested. After the TA Administrator completes the City’s analysis project, DOE will submit payment to the TA Administrator. No funding will come directly to the City to complete the requested analysis. Upon receipt of the analysis, staff will then assess potential funding streams (to be identified in the analysis) to pursue to potentially implement energy Visalia City Council Printed on 10/18/2024Page 1 of 2
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efficient or energization projects for the Water Reclamation Facility (WRF) also identified in the analysis.
Technical assistance can include Policy Planning and Program Design, Building Retrofit Planning and Design, Engineering and Modeling, and Community and Stakeholder Engagement. The goal of the vouchers is to simplify and streamline the process of accessing EECBG Program formula awards.
Staff has proposed to utilize the technical assistance funding to develop a comprehensive audit of the WRF to identify energy efficiency and energization opportunities and assess power needs. An evaluation of the existing facility and cogeneration facilities will be completed to identify current project opportunities as well as cogeneration capacity. This project aims to ensure energy efficiencies and outline future energy and renewable opportunities at the WRF so as to lead to energy independence for the WRF and improve overall SCE grid reliability for the residents and businesses in the City of Visalia once potential improvements can be implemented.
Fiscal Impact:
$182,320.00 is EECBG program formula funding available to the City of Visalia, which will be utilized for the analysis. The appointed TA performing the analysis as defined in the scope of work will submit monthly invoices to DOE for their services. The City will review and approve those invoices prior to their submission to the DOE to ensure accuracy among services rendered. The City will not be responsible for tracking hours, invoicing or payment.
Prior Council Action: 3.18.24 - Council authorized staff to submit EECBG TA voucher application to DOE.
Other: N/A
Alternatives: Decline the grant.
Recommended Motion (and Alternative Motions if expected):
I move to authorize staff to accept the U.S. Dept. of Energy’s Energy Efficiency and Conservation Block Grant Technical Assistance voucher worth the full formula amount of $182,320.00 to develop a comprehensive energy efficiency and energization analysis of the Water Reclamation Facility.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: EECBG Voucher Handbook
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EECBG Program Voucher Handbook
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1 Energy Efficiency and Conservation Block Grant (EECBG) Program Voucher Handbook
Contents
Section 1: Background .................................................................................................................................. 2 Definitions............................................................................................................................................. 2 Purpose and Scope of Vouchers ............................................................................................................ 2 Voucher Application Timing and Period of Performance .................................................................... 2 Limitations on Use of Vouchers ........................................................................................................... 3 Justice40 Initiative ................................................................................................................................ 3 Section 2: Voucher Eligible Activities .......................................................................................................... 4 Equipment Rebate Options ................................................................................................................... 5 Technical Assistance Options ............................................................................................................... 6 Section 3: Voucher User Journey .................................................................................................................. 9 Equipment Rebate User Journey ........................................................................................................... 9 Technical Assistance User Journey ..................................................................................................... 11 Section 4: Application Contents ................................................................................................................. 13 Section 5: Reporting Requirements ............................................................................................................ 14 Equipment Rebate Reporting Requirements ....................................................................................... 14 Technical Assistance Voucher Reporting Requirements .................................................................... 15 National Environmental Policy Act (NEPA) ...................................................................................... 15 Davis-Bacon Act (DBA) ..................................................................................................................... 15 Build America, Buy America (BABA) ............................................................................................... 16
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2 Section 1: Background
The purpose of this Handbook is to provide guidance for local and tribal governments on the use of equipment rebates and technical assistance vouchers to access their Energy Efficiency and Conservation Block Grant (EECBG) Program formula award. It is intended to supplement existing EECBG Program materials and resources, including the Administrative and Legal Requirements Document (ALRD), Application Instructions, and Eligible Activities and Program Guidance, with information that is specific to the EECBG Program voucher offering.
Definitions
Technical Assistance Voucher: a method for exchanging an eligible entity’s EECBG Program formula award for technical assistance services in an amount not to exceed an eligible entity’s EECBG Program formula award.
Equipment Rebate: reimbursement for the purchase and installation of qualified energy efficiency and clean energy equipment in an amount not to exceed an eligible entity’s EECBG Program formula award.
Voucher: an umbrella term that encompasses the streamlined method for accessing EECBG Program formula awards through Technical Assistance vouchers and equipment rebates.
Traditional Grant: EECBG Program formula grants that proceed through the traditional federal grant making process.
Technical Assistance: refers to support that EECBG Program recipients can receive from qualified experts. Eligible entities can access technical assistance through a variety of channels, including a technical assistance voucher.
1 Technical Assistance Administrator: refers to the third-party administrator who will manage requests for technical assistance vouchers and provide technical assistance to voucher recipients.
Rebate Administrator: refers to the third-party administrator who will manage requests and collect the necessary documentation for equipment rebates.
Purpose and Scope of Vouchers
The purpose of vouchers is to simplify and streamline the process of accessing EECBG Program formula awards. Vouchers can be used for two primary purposes:
1. Technical assistance vouchers are used to access support from experts, across a wide array of high-value opportunities in energy efficiency, renewable energy, transportation, and related areas.
2. Equipment rebates are used for the purchase and installation of energy-related equipment used to meet EECBG Program goals.
Voucher Application Timing and Period of Performance
DOE aims to process voucher applications within 30-60 days of receipt of a complete application.
Following application approval, eligible entities have up to two years to use their EECBG Program voucher funds with the option to request a no-cost extension. Only equipment purchases made after an eligible entity’s application has been approved qualify for the rebate.
1 More information on EECBG technical assistance opportunities can be found here:
https://www.energy.gov/scep/energy-efficiency-and-conservation-block-grant-program-technical-assistance- opportunities
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3 Limitations on Use of Vouchers
Equipment rebates and technical assistance vouchers are subject to the same limitations that apply to EECBG Program formula awards as described in the ALRD and Section 6.3 E of the Application Instructions.
To streamline application and administrative requirements, equipment rebate and technical assistance voucher recipients are subject to additional limitations, including:
Technical Assistance Voucher Limitations:
• Technical assistance vouchers may not be sub-granted. Technical assistance vouchers must be used to support the EECBG Program formula award-eligible entity. • Technical assistance voucher recipients may not select their own technical assistance provider.
Technical assistance will be provided by the Technical Assistance Administrator and their team.
However, the Technical Assistance Administrator may have the ability to sub-contract with technical assistance providers outside of their team, including local providers, where appropriate. • Technical assistance vouchers may not be used to cover recipient staff time. • Activities performed using a technical assistance voucher must fall within the NEPA Determination of allowable activities. See Section 5 of this Handbook for additional information on NEPA requirements for technical assistance vouchers.
Equipment Rebate Limitations:
• Equipment rebates cannot be sub-granted. Equipment must be purchased by the EECBG Program formula award-eligible entity and used and installed in accordance with program requirements. • Equipment rebates cannot be used to cover recipient staff time required for procurement, administrative tasks, and other related activities.
• Equipment rebates cannot cover purchases made before an eligible entity’s application has been approved.
Note that the specific limitations listed above do not apply to EECBG Program traditional grants.
Applicants that find these limitations undesirable may want to consider applying for their EECBG Program formula award through a traditional grant.
Justice40 Initiative
EECBG Program is a Justice40-covered program and as such contributes to the President’s goal that 40% of the overall benefits of Federal investments in clean energy and climate solutions flow to Disadvantaged Communities that for too long have faced disinvestment and underinvestment. DOE strongly encourages eligible entities to maximize project benefits and describe how these benefits will flow to Disadvantaged Communities to the greatest extent practicable. DOE has released General Guidance on Justice40
Implementation d esigned to help eligible entities and other interested parties incorporate Justice40 Initiative goals into DOE-funded projects. In addition, see Section 4.2 of the Application Instructions for more information on how to integrate Justice40 Initiative goals into your EECBG Program funding plans.
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4 Section 2: Voucher Eligible Activities
Vouchers can be used for technical assistance services and/or rebates for equipment purchases and installation. Technical assistance and equipment purchases procured with a voucher must fall within the 14 eligible use categories of the EECBG Program as established in the Energy Independence and Security Act of 2007 (EISA)2 and expanded in the Infrastructure Investment and Jobs Act of 2021 (IIJA).3 A full description of the eligible activity categories can be found in the Eligible Activities and Program Guidance and Section 2.2 of the Application Instructions. The following sections provide additional guidance on voucher eligible activities within these categories.
Voucher applicants are encouraged to refer to the EECBG Program Blueprints for additional guidance on potential areas for technical assistance or equipment installations. EECBG Program Blueprints are model projects and programs designed to help governments achieve high-impact results. Voucher recipients may look to the key activity areas in the Blueprints for ideas on potential opportunities for technical assistance and common deliverables. Blueprints also contain high-level cost estimations for common projects.
Blueprint topics are listed in the table below:
Blueprint Topic Blueprint
Energy Planning #1 Energy Planning
Efficient Buildings
#2A Energy Efficiency – Energy Audits and
Building Upgrades
#2B Energy Savings Performance Contracts:
Energy Efficiency and Electrification in
Government Buildings
#2C Building Electrification Campaign
#2D Building Performance Standards & Stretch
Codes
Renewables
#3A Solar & Storage – Power Purchase
Agreements and Direct Ownership
#3B Community Solar
#3C Solarize Campaign
#3D Renewable Resource Planning for Rural and
Tribal Communities
Electric Transportation
#4A Electric Vehicles and Fleet Electrification
#4B EV Charging Infrastructure for the
Community
Finance #5 Unlocking Sustainable Financing Solutions for Energy Projects with Revolving Loan Funds
Workforce #6 Workforce Development
2 42 U.S.C. 17154.
3 PL 117-58 Section 40552
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5 Equipment Rebate Options
Equipment rebates can be used for the purchase and installation of energy-related equipment which can span a wide array of technologies deployed for the purpose of lowering fossil fuel use or increasing energy efficiency. Equipment eligible for purchase under the equipment rebate option includes but is not limited to the categories and equipment types outlined in the table below:
Equipment Category Equipment Type
Retrofit Technologies
HVAC equipment:
▫ Air source heat pumps
▫ Ground source heat pumps
▫ Water source heat pumps
▫ Central Air Conditioners
▫ Heat recovery ventilation systems
▫ Gas, propane, or oil hot water boilers
▫ Gas, propane, or oil furnaces and fans
▫ Building Automation Systems (BAS)
Water heater equipment:
▫ Heat pump water heater
▫ Solar water heaters
▫ Electric, gas, or oil indirect water heaters
▫ Electric, gas, or oil tankless coil water heaters
▫ Gas, oil, propane water heater
▫ High efficiency gas storage water heaters
Weatherization materials
▫ Updated doors
▫ Updated windows and skylights
▫ Roofs
▫ Solar screens, window louvers or awnings
▫ Insulation
Efficient light sources
▫ LED lighting
Renewable Energy Technologies ▫ Solar Panels
▫ Wind turbines
▫ Fuel cells
▫ Biomass
▫ Geothermal heat pumps
▫ Battery storage
Metering Equipment ▫ Metering technology
▫ Computerized traffic management systems
Micromobility Equipment ▫ Bicycle fleets
▫ Electric pedal assisted bikes
▫ E-Bicycles
▫ E-Scooters
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6 Alternative Fuel Vehicles ▫ Electric vehicles
▫ Hybrid vehicles
▫ Natural gas-powered vehicles
Electric Vehicle Charging Stations ▫ Public EV charging stations ▫ EV charging station for government or tribal fleet
Technical Assistance Options
Technical assistance vouchers can be used to access support from experts across a wide array of high- value opportunities in energy efficiency, renewable energy, transportation, and related areas. The table below outlines broad categories of technical assistance that will be provided through technical assistance vouchers and example activities in each category. Technical assistance activities include but are not limited to the categories and example activities outlined in the table below:
EECBG Program
Focus Area
Technical Assistance
Categories
Technical Assistance Offerings
Energy Planning Energy Plan Development Climate/Decarbonization Planning and Roadmaps Metric and Goal Development
Report Development
Data collection and analysis
Analysis of Best Practices
Disadvantaged Community Mapping/Analysis
Policy Landscape Analysis
Economic Value Impact Potential
Residential EE/RE/EV Integration
System Modernization Planning and Modeling
Stakeholder and Community
Engagement
Marketing Materials
Communication and Outreach to stakeholders,
including underrepresented and disadvantaged
communities
Utility Engagement Utility Plan Review
Demand Response Enablement
Leveraging Utility Programs
Utility Bill Impact Analysis
Rate Impact Studies
Energy Efficiency Program Design & Equity Analysis of Best Practices Program Design Support
EM&V Planning and Execution
Cost Effectiveness Studies
Evaluation plan development
Financial Incentives Options Analysis and Design
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7 Stakeholder and Community
Engagement
Marketing Materials
Report Development
Communication and Outreach
Contractor Training
Building Audits Residential and Commercial Building Audits Policy Building Performance / Labeling Policies
Policy and Planning Support
Building Codes Building codes analysis and planning
Compliance Studies
Code Adoption Support and Training
Inspections
Retrofit Analysis and Planning Electrification Assessments Process Improvements
DR/Grid Modernization Enablement
Engineering/Modeling Support
Renewable Energy Solar Assessment/Studies/System Design Utility and Stakeholder Coordination
Financial, Engineering/Modeling Support
Battery Storage Assessment/Studies/System Design
Utility and Stakeholder Coordination
Financial, Engineering/Modeling Support
Program Design Identification of Best Practices
Design Support including Impact Analysis
EM&V Planning
Cost Effectiveness Studies
Evaluation plan development
Incentive Design
Building/Site Audits Building/Site Audits
Stakeholder and Community
Engagement
Marketing Materials
Report Development
Communication and Outreach
Contractor Training
Financing Rate Impact Assessment
Capital Budget/ Bond Planning
Incentives analysis/program design
Policy Renewable Energy Policies Analysis and Planning Electric Vehicles
and Sustainable
Transportation
Program Design Fleet analysis/telematics
Planning and Design Support
Cost Effectiveness Studies
EM&V Planning
Evaluation plan development
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8 Incentive Design
Financing Opportunities and Options Analysis
Transportation Planning
Infrastructure Planning
Engineering/Modeling Support
EV Fleets and Chargers Building/site assessment
Utility engagement
Financial, utility bill analysis
Feasibility studies, options analysis, impact analysis
Electric Transportation Planning
Stakeholder Coordination
Charging plan development
As described in Section 3 of this Handbook, technical assistance voucher applicants will work with the Technical Assistance Administrator to refine a scope of work for their project that aligns with EECBG Program goals, meets program requirements, and is feasible based on the available budget.
Technical assistance voucher applicants are encouraged to refer to the EECBG Program Blueprints, described at the beginning of Section 2, for guidance on potential areas for technical assistance and high- level cost estimates.
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9 Section 3: Voucher User Journey
The process of applying for, obtaining, and utilizing equipment rebates and technical assistance vouchers is outlined below.
Equipment Rebate User Journey
Step 1: Determine how you will use your equipment rebate Guidance on allowable uses of EECBG Program funds can be found in the Eligible Activities and Program Guidance, Section 2.2 of the Application Instructions. Equipment rebates will be used to fund the purchase and installation of energy-related equipment which can span a wide array of technologies deployed for the purpose of reducing fossil fuel emissions, reducing energy use, or improving energy efficiency. Section 2 of this Handbook illustrates a variety of potential uses for equipment rebate.
You are encouraged to identify opportunities to maximize the impact of your equipment rebate by:
• Leveraging rebates in alignment with other federal funding opportunities • Advancing the goals of Justice40 through equipment purchases and installation • Considering teaming with other eligible entities on regional or cohort-based equipment purchases4
If you need additional support planning the use of your equipment rebate, you are encouraged to utilize technical assistance services available, such as:
• Using an EECBG Program Blueprint to guide your project and ensure a prioritized application review and approval. EECBG Program Blueprints can be found here. • Joining a Blueprint cohort. DOE will convene cohorts along each of the blueprint topics on a regular basis starting in Summer of 2023. DOE will host regular virtual meetings to give EECBG Program grantees the chance to ask questions, meet one another, hear some best practices and success stories, and do some troubleshooting. Sign up to join a Blueprint cohort by emailing [email protected] or filling out this form. • Utilizing free online tools that can help you identify target areas that can make the greatest impact in your locality, identify disadvantaged communities, and more including:
▫ State and Local Planning for Energy (SLOPE) Platform
▫ Climate and Economic Justice Screening Tool
▫ Low-Income Energy Affordability Data (LEAD)
▫ ResStock and ComStock
▫ Jobs and Economic Development Impact (JEDI) Tool
▫ PVWatts and REopt
• Writing to DOE to request technical assistance by emailing [email protected]. • Applying for a technical assistance voucher in addition to your equipment rebate.
4 For more information on teaming, please see section 2.4 of the EECBG Application Instructions:
https://www.energy.gov/sites/default/files/2023-
01/IIJA%20%2840552%29%20EECBG%20Program_Application%20Instructions.pdf 152
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10 Step 2: Submit your equipment rebate application
Submit your application on the Voucher Application Portal. Components of an equipment rebate application are listed in Section 4 of this handbook.
If you have already submitted a Pre-Award Information Sheet for the voucher option, you will receive an email from [email protected] with your username and a link to set up a password for the Voucher Portal. The title of the email will be “U.S. DOE EECBG Program Voucher Registration.” If you cannot locate this email, reach out to [email protected] for assistance accessing the portal.
If you have not submitted a Pre-Award Information Sheet, you may register directly on the Voucher Application Portal. ONLY register here if you have not submitted the Pre-Award Information Sheet.
Visit the EECBG Program Application Hub for additional information on how to access the portal.
Step 3: DOE reviews your application
DOE aims to process equipment rebate applications within 30-60 days of receipt of a complete application. DOE will review your application to ensure it contains sufficient identifying information, proposed equipment purchases and installation align with the eligible uses and EECBG Program funding, policy requirements are satisfied, and the proposed budget aligns with your formula award.
Step 5: Purchase and install equipment
Once an application is approved, you may begin the purchase and installation of equipment according to terms and conditions associated with your rebate. Only equipment purchased following your approved application is eligible for a rebate.
Step 6: Submit required documentation to the Rebate Administrator You are required to track and report costs associated with the purchase and installation of equipment as well as any other documentation outlined in the rebate terms and conditions. Documentation requirements may include, but are not limited to items such as:
• Quotes for any purchases exceeding $50,000
• Receipts of any equipment or material purchases
• Invoices from installation contractors
• Photos of installed equipment
Step 7: Rebate Administrator issues rebate and coordinates invoicing with DOE The Rebate Administrator will review your submitted documentation and submit to DOE for final review and approval. Following approval, DOE will reimburse you for the cost of the equipment purchased and installed, up to the amount equivalent to your EECBG Program formula award.
Step 8: Submit regular reports to the Rebate Administrator You will be required to report certain financial, performance, and compliance information on a regular basis. These reports will be submitted to the Rebate Administrator, who will consolidate and send to DOE. For more information on reporting requirements, see Section 5 of this Handbook.
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11 Technical Assistance User Journey
Step 1: Determine how you will use your technical assistance voucher Guidance on allowable uses of EECBG Program funds can be found in the Eligible Activities and Program Guidance and Section 2.2 of the Application Instructions. Technical assistance vouchers will be used to access support from experts, across a wide array of high-value opportunities in energy efficiency, renewable energy, transportation, and related areas. Section 2 of this Handbook illustrates a variety of potential uses for technical assistance vouchers. For guidance and high-level cost estimates on common areas of technical assistance, please refer to the EECBG Program Blueprints.
You are encouraged to identify opportunities to maximize the impact of the technical assistance you receive by:
• Leveraging technical assistance vouchers to develop strategies that will support other federal funding opportunities
• Advance the goals of Justice40 through technical assistance • Consider teaming with other eligible entities on regional or cohort-based technical assistance5 Step 2: Submit your Technical Assistance voucher application Submit your application on the Voucher Application Portal. Components of a technical assistance application are listed in Section 4 of this handbook.
If you have already submitted a Pre-Award Information Sheet for the voucher option, you will receive an email from [email protected] with your username and a link to set up a password for the Voucher Portal. The title of the email will be “U.S. DOE EECBG Program Voucher Registration.” If you cannot locate this email, reach out to
[email protected] for assistance accessing the portal.
If you have not submitted a Pre-Award Information Sheet, you may register directly on the Voucher Application Portal. ONLY register here if you have not submitted the Pre-Award Information Sheet.
Visit the EECBG Program Application Hub for additional information on how to access the portal.
Step 3: DOE reviews your application
DOE aims to process technical assistance voucher applications within 30-60 days of receipt of a complete application. DOE will review your application to ensure it contains sufficient identifying information, proposed activities align with the eligible uses and EECBG Program funding, policy requirements are satisfied, and the proposed budget aligns with your formula award.
Step 4: Work with Technical Assistance Administrator to refine scope of work Upon approval from DOE, you will work directly with the Technical Assistance Administrator to refine a scope of work. This will include aligning project goals and deliverables with available funding and expertise, finalizing deliverables and timelines, and defining a partnership structure (i.e., consulting, co- creation, etc.). This refinement process will be at no cost to you up to a limited number of hours. If the scope refinement goes beyond those defined hours, the cost of that additional time will get charged against your formula award amount and reduce the funding available to you for technical assistance. If the
5 For more information on teaming, please see section 2.4 of the EECBG Application Instructions:
https://www.energy.gov/sites/default/files/2023-
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12 negotiation significantly alters the scope of work included in your initial application, you may be required to resubmit to DOE for approval.
Step 5: Technical Assistance Administrator delivers the scope of work The Technical Assistance Administrator will deliver the services outline in the agreed-upon scope of work. You should ensure that you have adequate staffing to partner with technical assistance providers as required, implement technical assistance, and apply lessons learned.
Step 6: Technical Assistance Administrator and DOE coordinate on invoicing The Technical Assistance Administrator will submit monthly invoices to DOE for their services. Voucher recipients will be required to review and approve invoices prior to their submission to DOE to ensure that the invoices accurately reflect services rendered. DOE will review all invoices and submit payment upon approval. Voucher recipients will not be responsible for tracking hours, invoicing, or payment.
Step 7: Technical Assistance Administrator prepares regular reports Reporting on technical assistance activities will occur in accordance with EECBG Program requirements.
See Section 5 of this Handbook for additional information on reporting requirements.
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13 Section 4: Application Contents
DOE has prepared two templates to provide applicants with a preview of the information they may be asked to provide in their application:
1. Equipment Rebate Application Template
2. Technical Assistance Application Template
The templates are intended for informational purposes only and may be subject to change.
The templates are a planning tool, not an application. Final equipment rebate and technical assistance voucher applications will be submitted to the Equipment Rebate and Technical Assistance Administrators through a separate portal. Eligible entities will be notified when the final equipment rebate and technical assistance applications are available.
As outlined in the templates linked above, applications for equipment rebates and technical assistance vouchers will consist of the following components:
A. Recipient Information: collects key information about the applicant.
B. Energy Efficiency and Conservation Strategy (EECS): outlines how the equipment rebate or technical assistance voucher aligns with the applicant’s broader energy and climate goals. For more information on the EECS, see Section 6.3.C. of the EECBG Program Application Instructions. T he EECS can draw on existing plans related to energy, sustainability or climate planning etc. Applicants pursuing both an equipment rebate and technical assistance voucher may use the same EECS for both applications. The EECS can be completed as part of the voucher application or attached to the application.
C. Equipment Rebate and/or Technical Assistance Application: collects information specific to proposed technical assistance or equipment rebate activities. Applicants pursuing both an equipment rebate and technical assistance voucher will need to complete both components.
D. Authorized Applicant Signatures
E. Terms and Conditions: provides the applicant with a copy of the terms and conditions of the award with the option to sign as part of the application or download and submit at a later date.
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14 Section 5: Reporting Requirements
Voucher recipients are required to report certain information in accordance with national policy and as outlined in other EECBG Program materials including Part V of the Administrative and Legal Requirements Document and Part 8 of the Application Instructions. While all voucher recipients are required to report on their activities, these requirements differ for technical assistance vouchers and equipment rebates.
The sections below outline specific reporting requirements and background on compliance with national policies, including the National Environmental Policy Act (NEPA), Davis-Bacon Act (DBA), and Build America, Buy America Act (BABA).
Equipment Rebate Reporting Requirements
The table below outlines required reporting elements for equipment rebate recipients.
Report Frequency Contents
Installation Report (Tangible
Personal Property Report SF-
428)
One-time Established in award Terms and Conditions, may include but not limited to:
• Receipts for equipment ($5,000 or more
value) and supply (less than $5,000 value)
purchases
• Invoices for installation
• Photos of installation
• Location information
Davis-Bacon Act Reporting* Weekly and
Semi-Annual
Wage reports as required by the Davis-Bacon Act6
NEPA Logs* Quarterly NEPA reporting for any ground-disturbing activities
NEPA Historic Preservation
Reports*
Annual Historic preservation reports for entities located in a jurisdiction with a DOE Historic Preservation
Programmatic Agreement7
Performance and Financial
Report (SF-425)
Annual Established in award Terms and Conditions, may
include but not limited to:
• SF-425
• Activity status
• Milestones
• Financial metrics
• Process metrics
• Qualitative description of activities
Closeout Report One-time Established in award Terms and Conditions, may include but not limited to the contents of the
Annual Performance and Financial Report (above).
Location Report One-time Identifies physical locations of activities *These reports may not be required in all circumstances.
6 For more information on Davis-Bacon Act prevailing wage requirements, see Part V.D.5. of the Administrative and Legal Requirements Document.
7 NEPA Historic Preservation Reports are only required for entities located in a jurisdiction with an executed DOE Historic Preservation Programmatic Agreement.
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15 A more detailed description of reporting requirements will be included in the terms and conditions of the equipment rebate and Federal Assistance Reporting Checklist (FARC). The eligible entity receiving the equipment rebate is responsible for submitting reports in accordance with the terms and conditions of their award.
Annual reports are due to DOE no later than 30 calendar days after the reporting period. If the period of performance does not exceed one year, then a single report may be filed no later than 90 calendar days after the period of performance end date. The equipment rebate recipient must submit a final report no later than 90 calendar days after the period of performance end date.
Technical Assistance Voucher Reporting Requirements
The table below outlines required reporting elements for technical assistance voucher recipients.
Report Frequency Contents
Performance Report Annual Established in award Terms and Conditions, may include but not limited to:
• Activity status
• Milestones
• Financial metrics
• Process metrics
• Qualitative description
Closeout Report One-time Established in award Terms and Conditions, may include but not limited to the contents of the
Annual Performance Report (above).
Technical assistance voucher reports will be submitted to DOE in accordance with the reporting frequency outlined above. Annual reports are due no later than 30 calendar days after the reporting period.
If the period of performance does not exceed one year, then a single report may be filed no later than 90 calendar days after the period of performance end date. A final report must be submitted no later than 90 calendar days after the period of performance end date.
National Environmental Policy Act (NEPA)
Equipment rebate recipients are required to complete include a signed NEPA Statement of Work (SOW) with their application. Standardized Statements of Work are available on the EECBG Program website for equipment rebate recipients. Applicants should refer to these Statements of Work and select the one that is most appropriate for their application. Additional information on NEPA requirements can be found in the EECBG Program Application Instructions.
Recipients may contact the NEPA team with any additional questions concerning reporting here.
Davis-Bacon Act (DBA)
Equipment rebate recipients are required to complete an assurance letter certifying that all laborers and mechanics employed by the applicant in the performance of construction, alteration, or repair work funded by EECBG Program funds are paid wages at rates no less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor. This assurance letter is built into the equipment rebate application. Local wage determinations can be found by using this E-Tool. 158
EECBG Program Voucher Handbook
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16 Recipients of EECBG Program equipment rebates are required to undergo DBA compliance training and to maintain competency in DBA compliance. The U.S. Department of Labor (DOL) offers free Prevailing Wage Seminars several times a year that meet this requirement which can be found here.
For additional guidance on how to comply with the Davis-Bacon Act requirements, please see the DOL’s DBA overview and DBA applicable project guidance as well as Section D Part 5 of the EECBG Program Administrative and Legal Requirements Document.
Build America, Buy America (BABA)
Equipment rebate recipients with awards greater than $250,000 are required to comply with the Build America, Buy America Act (BABA). Federally assisted projects which involve infrastructure work require that all iron, steel, and manufactured products used in the infrastructure work are produced in the United States and that all construction materials used in the infrastructure work are manufactured in the United States.
Applicants are strongly encouraged to consult the BABA Guidance and Resources to determine whether their project may have to apply this requirement, both to make an early determination as to the need of a waiver, as well as to determine what impact, if any, this requirement may have on the proposed project’s budget. BABA waivers can be obtained due to nonavailability and unreasonable costs. A list of DOE BABA waiver requests can be found here. Applicants are encouraged to review this list to determine if there are any existing waiver requests relevant to their application.
Please note that on July 28, 2023, DOE released a General Applicability Public Interest Waiver for Build America, Buy America Act equipment purchasing requirements that exempts entities with EECBG Program formula allocations totaling $250,000 from BABA requirements.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0431 Agenda Date: 10/21/2024 Agenda #: 9.
Agenda Item Wording:
Appointment of Committee Member - Request to appoint Erick Arriaga to a partial first term on the Historic Preservation Advisory Committee.
Deadline for Action: 10/21/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Tyler Davis, Chairperson, Historic Preservation Advisory Committee Cristobal Carrillo, Associate Planner, (559) 713-4443, [email protected] < mailto:[email protected]>
Paul Bernal, Planning and Community Preservation Director, 713-4025 [email protected] < mailto:[email protected]>
Department Recommendation:
Staff recommends that the City Council accept the recommendation of the Historic Preservation Advisory Committee (HPAC) and do the following:
1. Appoint Erick Arriaga to the Committee for a partial first term, beginning immediately and ending June 30, 2026. This appointment would be for more than half of a term so it would be counted as a first term. Mr. Arriaga would be eligible for two additional terms at the conclusion of this term.
Summary:
The HPAC currently has six seated members out of seven available positions. The appointment of Erick Arriaga will provide the Committee with a fully seated seven-member panel, which will continue to pursue its mission to protect historical resources in the City of Visalia.
Background Discussion:
The HPAC is a seven-member committee which administers the Historic Preservation Ordinance and encourages property owners to maintain the historic character of their properties. The Committee meets on the second and fourth Wednesdays of the month.
The HPAC currently operates with six active members. The HPAC is currently working on a survey of the Historic District and adjacent areas. Appointment of Erick Arriaga will restore the HPAC to a fully seated membership, providing additional assistance to bring the Historic District survey project to completion. If the nomination is approved, Mr. Arriaga will fill the vacancy left by Patricia Kane, who resigned October 10, 2024. Ms. Kane, who completed six years of service on the HPAC as of June 30, 2024, was serving an extended term per the guidelines of the City of Visalia Committee and Commissions Handbook to provide the HPAC with a full membership while a search was conducted to fill her eventual vacancy. This is why Mr. Arriaga’s1st term will be a partial term beginning October Visalia City Council Printed on 10/14/2024Page 1 of 3
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File #: 24-0431 Agenda Date: 10/21/2024 Agenda #: 9.
to fill her eventual vacancy. This is why Mr. Arriaga’s1st term will be a partial term beginning October 21, 2024, if appointed.
Erick Arriaga is a community outreach coordinator with the Delta Mosquito and Vector Control District, creating and sharing educational materials via events, tours, and social media. Mr. Arriaga also volunteers his time working with the Public Relations Committee for the Mosquito and Vector Control Association of California, creating educational materials for underserved districts. Mr. Arriaga has studied at both Reedley College and the College of the Sequoias, earning an Associates of Science degree in Communications from the former, and an HVAC Certificate from the latter. Mr.
Arriaga has a strong interest in photography, mountain biking, the study of trees, and architecture, particularly the works of American architect Frank Lloyd Wright. When not working or engaging in beloved hobbies, Mr. Arriaga enjoys taking his children to the many “Liveand Play”programs held by the City of Visalia.
The current HPAC membership is as follows:
1. Tyler Davis, Chair - 3rd term
2. Jay Hohlbauch - 2nd term
3. Karen Ayala - 1st term
4. Jerome Melgar - 2nd term
5. Kim Lusk - partial 1st term
6. Michael Tomola - 1st term
7. Vacant (previously filled by Patricia Kane).
With this appointment, three out of the seven HPAC members will reside within the Historic District (Mr. Davis, Mr. Tomola, and Ms. Ayala). This ratio was the same prior to Ms. Kane’s resignation.
Fiscal Impact: None.
Prior Council Action:
On July 15, 2024, the City Council took the following actions:
1. Appointed Kim Lusk to the Committee for a partial first term, beginning July 15, 2024, and ending June 30, 2025.
2. Appointed Michael Tomola to the Committee for a first two-year term beginning July 15, 2024, and ending June 30, 2026.
3. Reappointed Tyler Davis to the Committee for a third two-year term beginning July 1, 2024, and ending June 30, 2026.
4. Reappointed Jerome Melgar to the Committee for a second two-year term beginning July 1, 2024, and ending June 30, 2026.
Alternatives:
The City Council may direct staff to initiate the recruitment process for Historic Preservation Advisory Committee members immediately.
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File #: 24-0431 Agenda Date: 10/21/2024 Agenda #: 9.
Recommended Motions (and Alternative Motions if expected):
I move to appoint Erick Arriaga to a partial first term beginning immediately and ending June 30, 2026.
CEQA Review:
No environmental review is required for Committee appointments.
Attachments:
1. Erick Arriaga Application
2. Historic Preservation Advisory Committee - 2024 Meeting Attendance
3. City of Visalia Committee and Commissions Handbook
Visalia City Council Printed on 10/14/2024Page 3 of 3
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163
164
HISTORIC PRESERVATION ADVISORY COMMITTEE
2024 ATTENDANCE
A - Absent P -
Present SC -
Special Called
Meeting
Michael
Tomola
Patricia
Kane
Jay
Hohlbauch
Jerome
Melgar
Karen
Ayala
Tyler
Davis Kim Lusk
01/10/2024 P P P P A
01/24/2024 P P P P P
02/14/2024 P P P P P
02/28/2024 P P P P P
03/13/2024 P P P P P
03/27/2024 P P P P A
04/10/2024 P P P P P
04/24/2024 P A P A P
05/08/2024 P P P P P
05/22/2024 P A P P P
06/12/2024 P P P P P
06/26/2024 P P P P P
07/10/2024 P P P P P
07/24/2024 P P P P P P P
08/14/2024 P P P P P A P
08/28/2024 P P P P P P P
09/11/2024 P P P P P P P
09/25/2024 P P P P P P P
10/09/2024
10/23/2024
11/13/2024
11/27/2024
12/11/2024
12/25/2024
DAVIS
MELGAR
KANE
AYALA
HOHLBAUCH
TOMOLA
LUSK
No meeting (Holiday)
0 0
0 No Meeting (Holiday)
0 0
1 # of Absences - Regular Meetings - 7/24 to 6/25
0 M:\07_Historic Preservation\Committee Attendance\HPAC Attendance 2024 165 1 CITY OF VISALIA
COMMITTEES
AND
COMMISSIONS
HANDBOOK
“A Guide for Community Volunteers”
166
2 Table of Contents
INTRODUCTION ........................................................................................................................................ 3 THE COMMITTEE AND COMMISSION’S ROLE, AUTHORITY AND RESPONSIBILITIES ............ 4 COMMITTEE AND COMMISSION GUIDELINES .................................................................................. 5 Formation of a new Committee or Commission by the City Council........................................................ 5 Appointment of Citizens to Committees/Commissions ............................................................................. 5 Eligibility ................................................................................................................................................... 6 Term Limits and Replacement Process ...................................................................................................... 6 Attendance.................................................................................................................................................. 7 Compensation ............................................................................................................................................. 8 Removal ..................................................................................................................................................... 8 Meeting Notices ......................................................................................................................................... 8
ORGANIZATION ...................................................................................................................................... 10 Regular Meetings ..................................................................................................................................... 10 Adjourned Regular Meetings ................................................................................................................... 10 Special Meetings ...................................................................................................................................... 10 Agenda ..................................................................................................................................................... 10 Minutes ..................................................................................................................................................... 10 Annual Reports ........................................................................................................................................ 11 Parliamentary Procedure .......................................................................................................................... 11 Appointment of Officers .......................................................................................................................... 11 Role of the Chairperson and Vice Chairperson........................................................................................ 12 Role of the Secretary ................................................................................................................................ 12 Role of the Members ................................................................................................................................ 12 Role of the Alternate ................................................................................................................................ 12 Role of the Staff Representative .............................................................................................................. 12
GUIDELINES FOR RELATIONS WITH OTHERS ................................................................................. 14 Relations with Fellow Commission/Committee Members ...................................................................... 14 Relations with Council ............................................................................................................................. 14 Relations with Staff .................................................................................................................................. 14 Relations with Media and Public Statements ........................................................................................... 14
LIST OF ALL BOARDS/COMMITTEES/COMMISSIONS .................................................................... 15 APPLICATION FOR APPOINTMENT..................................................................................................... 17 167
3 INTRODUCTION
Dear Citizen,
This packet has been prepared to inform you of how you can be involved in local government through citizen advisory committees or commissions. It includes basic information about the purpose and responsibilities, qualifications for membership and how to apply for a city committee or commission.
By serving on a city advisory committee or commission, you can help plan Visalia's future. These committees and commissions are making recommendations that affect life in Visalia. It is important that prospective members understand the functions and responsibilities of membership before actively seeking appointment. A great deal of personal satisfaction can be received through public service, and the knowledge and experience gained will be invaluable to you.
If you are interested in serving on a committee or commission, please fill out the application included in this booklet. Feel free to include a resume or other information you feel would help the City Council to decide which committee or commission could best use your expertise. Information about specific vacancies is published annually by the City. For further information or additional application forms contact the City Clerk’s Office, 220 N. Santa Fe, Visalia, CA 93292 or call (559) 713-4512 or visit our website at www.visalia.city
We welcome your attendance at any of our committee or commission meetings. Please see a listing of all committees/commissions and their meeting schedules at the end of this document and feel free to contact the staff representative for further information.
The City Council also encourages your participation and involvement at City Council meetings. The City Council meets on the first and third Mondays at 7:00 p.m., located at the City Hall Council Chambers, 707 W. Acequia. The Council Members are as follows:
Steve Nelsen, Mayor
Brian Poochigian, Vice Mayor
Greg Collins, Council Member
Brett Taylor, Council Member
Liz Wynn, Council Member
We look forward to working with you to create a better Visalia.
Steve Nelsen, Mayor
City of Visalia
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4 THE COMMITTEE AND COMMISSION’S ROLE,
AUTHORITY AND RESPONSIBILITIES
The role of city committees and commissions is to advise the City Council in the determination of city policies and procedures. Committees/commissions facilitate public participation.
City committees and commissions are not involved in the administration or operation of city departments.
Committee/commission members may not direct administrative staff to initiate programs.
Committees/commissions may not conduct major studies or establish official policy without the approval of the City Council. City staff members are available to provide general staff assistance to committees/commissions.
Despite committees/commissions differing tasks, all share some basic responsibilities. Members need to stay informed on subjects of interest to the specific committee or commission.
Appointment to a commission or committee is an honor. It provides an opportunity for genuine public service. Each commission or committee member should be aware of the responsibilities that go along with officially serving the community. The specific duties of each commission or committee vary with the purposes for which it was formed. There are, however, many responsibilities common to all members.
1. Understand the role and responsibility of the commission or committee on which you serve. Be informed of its functions, work programs and relationship with other commissions/committees.
2. Represent the overall public good, not the exclusive point of view of a single group or interest.
3. Keep all lines of communication open. Each member serves as a communication link between the community, the City Council and the staff.
4. Do your homework and be prepared. Commission and committee members should become familiar with items under consideration prior to meetings in order to be fully prepared to discuss, evaluate, and act on matters scheduled for consideration. Feel free to seek staff’s advice and assistance in advance of a meeting.
5. Establish a good working relationship with fellow members, the Council, and your staff representative.
6. Understand the scope and authority of your responsibility and strive to work within that scope.
7. Be a participant, an active representative and be enthusiastic.
8. Commission/committee members should not approve projects that violate adopted City policies.
These bodies make recommendations to the Council about exceptions to or recommendations to change existing policies when appropriate.
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5 COMMITTEE AND COMMISSION GUIDELINES
Formation of a new Committee or Commission by the City Council
Unless otherwise stated by Council, a committee or commission shall be formed initially for a period of one year with time extended at the request of the committee/commission and concurrence of the Council.
After a one-year evaluation and if the committee/commission is to continue, the length of terms will be increased, and the expiration of terms will be staggered.
A newly formed committee or commission will be convened by the city staff representative, and each committee/commission will elect a chairperson, a vice-chairperson, and a secretary once the members feel sufficiently acquainted with each other.
A staff representative will be assigned by the City Manager to work with each committee/commission to prepare agendas, keep minutes and furnish assistance.
The size of commissions and committees may vary from 5 to 15 members and is set for each body by the City Council. A committee or commission may decide that it is in the best interest of the committee/commission to modify the number of its members and may recommend a change to the Citizens Advisory Committee. After the Citizens Advisory Committee receives a recommendation from the committee/commission along with reason(s), a recommendation to modify the number of members will be made to the City Council.
Each Committee or Commission should have a mission statement. Ex: “It is the mission of the Citizens Advisory Committee to act as a liaison between the general public and the City Council concerning community issues.”
Commissions are provided for in the City of Visalia’s Charter and the duties of the Commissions are contained in the City’s Municipal Code. The formation of a new Commission requires a Charter Amendment. Revision to Commission duties and responsibilities require an Ordinance change.
Appointment of Citizens to Committees/Commissions
All appointments and reappointments require formal action of the Council. Every committee/commission serves in an advisory capacity to the City Council.
Names to be considered for appointment will be recommended to the Council by the respective committee or commission. The Council may choose, however, to fill some positions in other manners as needed.
Persons in the community wanting to serve on an advisory committee/commission should submit their name and resume to the City Clerk’s Office (a standard application form is available and included in this handbook). The City Clerk will annually publish a notice of the process and procedure to be followed by individuals wanting to serve the City.
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6 Applications will be kept on file for a period of two years. Applicants will be contacted one year after they file their application to ensure their continued interest in serving on a City committee or commission.
Eligibility
City advisory committees/commissions will reflect, to the extent possible, the community's geographic, ethnic, gender and age composition.
Appointees to committees/commissions should be 18 years of age or older, and live or work within the urban area of Visalia as defined by Visalia Unified School District’s boundary map. First consideration will be given to residents of the City of Visalia. Individuals under the age of 18 who indicate they are interested in participating are encouraged to attend meetings and participate as a member of the public.
Additional requirements may be applicable to a specific Committee or Commission.
No person should serve on more than one committee or commission at one time as a regular member or as an alternate. However, individuals with unique qualifications may be asked to serve on an additional committee/commission by the City Council.
Immediate family members may not concurrently serve on the same committee or commission; however, family members are encouraged to serve on different committees/commissions.
Employees of the City of Visalia may not serve on any committee/commission other than as a staff representative. Employees of companies who do business with the City of Visalia are encouraged to serve on committees/commissions other than those where the actions of the committee/commission may directly benefit the work of the member’s employer.
In accordance with Government Code Section 87200, planning commissioners are mandated to file Fair Political Practices Commission Form 700 Statement of Economic Interests upon assuming office, annually, and upon leaving office.
Government Code Section 53235 (AB 1234) requires that planning commissioners complete required ethics training within one year of assuming office and every two years thereafter.
Term Limits and Replacement Process
Term length for all members of Committees/Commissions is standardized to two-year terms. All terms begin on July 1st and end on June 30th.
Each committee member may serve three (3) two-year terms (for a total of six years). After serving for six years on a committee, a person must remain off for one year before reapplying to that same committee.
This does not prohibit the person from immediately applying to a different committee or commission.
Each commissioner (Planning and Parks and Recreation Commissions) may serve four (4) two-year terms (for a total of eight years). After serving for eight years on a commission, a person must remain off for one year before reapplying to that same commission. This does not prohibit the person from immediately applying to a different commission or committee.
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7 Because member turnover may periodically cause some difficulty in obtaining a quorum, a member’s term may be temporarily extended for an additional six months by the committee.
Appropriate recognition will be made of services when a term is completed, and a member leaves a committee or commission. This recognition will be made by the committee/commission with the help of the staff representative.
Scheduled Vacancies: To comply with the Maddy Act, on or before December 31st of each year, the City Clerk’s Office publishes the Local Appointment List informing the public of all scheduled vacancies for the upcoming year. The list is posted on the City’s website, at all City Hall posting boards, and at the public library.
Resignations: Members resigning from a committee or commission should submit a letter of resignation to the Mayor, City Clerk and the secretary of their committee or commission.
Reappointments: When a member is eligible for another term, the committee/commission will present a recommendation to the City Council asking for reappointment of the member. Reappointments are not automatic; the City Council makes the final determination on all appointments and reappointments.
Unscheduled Vacancies: The public will be informed regarding all unscheduled vacancies within 20 days after the vacancy occurs and at least 10 days before the vacancy is filled. Postings of unscheduled vacancies will be made by the City Clerk’s office by posting the vacancy on the City’s website, on the City Hall posting boards, the public library, through a press release, and an announcement included in the Inside City Hall newsletter.
Filling Unscheduled Vacancies with Alternates: For committees/commissions with membership under 12, a maximum of two (2) alternates may be, but are not required to be, appointed to a committee/commission by the Council and designated as alternate 1 and alternate 2. For committees/commissions with memberships of 12 or more, a maximum of four (4) alternates may be appointed and designated alternates 1, 2, 3, 4.
Once appointed as an alternate, the advance process can occur automatically, without any further confirmation by the Council, unless the Council specifically asks for a position to be brought before them for consideration. When an unscheduled vacancy occurs, alternate 1 may automatically advance to the voting position, and alternate 2 will become alternate 1. If an alternate serves more than half of an unexpired term, it will be considered a full term. If a committee/commission prefers to recommend a different approach to filling unscheduled vacancies with alternates, Council approval must be obtained.
Alternates do not automatically advance to a voting position at the end of a member’s term. When a term ends, the alternates and all other applicants are to be considered for appointment to the committee/commission and recommended to the City Council for final appointment.
Attendance
172
8 Advisory body members are expected to attend meetings regularly. Conscientious attendance is a fundamental responsibility, as irregular attendance lessens one’s ability to study all aspects of items under consideration. It is important to notify staff of any absences for the purposes of determining a quorum.
Members are required to notify the staff liaison no later than 24 hours prior to any regular meeting of his/her intent not to attend said meeting.
Excessive absenteeism, which is defined to mean missing three consecutive regular meetings or four regular meetings in a 12-month period, shall constitute resignation of the member and the member shall be considered removed from the advisory body. In the event a meeting is cancelled because of a lack of quorum, the member(s) whose lack of attendance caused the cancellation will be counted, even though no meeting occurred.
Tardiness and early departure of more than 30 minutes in a meeting is considered an absence.
A Council sub-committee, comprised of the Mayor and Vice Mayor, may grant an exemption to the attendance policy or approve an extended leave of absence for members of City Committees/Commissions, based on individual circumstances.
The attendance policy becomes effective April 1, 2012, and April 2012 begins the first month in the 12- month attendance counting period.
Compensation
The members of the Planning Commission receive a $100 monthly stipend and paid conferences and training. Planning Commissioners do not receive city health benefits.
All other committee and commission members receive no compensation, stipend or benefits of any kind.
Actual and necessary expenditures incurred by members, while engaged in official commission or committee business, may be reimbursed to said members, provided such expenditures have been previously approved by the department head responsible for staffing the commission or committee.
Planning Commissioners and Parks and Recreation Commissioners will be provided business cards at the city’s expense at the request of the member. This is not available to committee members.
Removal
Commissioners and Committee members may be removed from office, upon the recommendation of any member of the City Council, and with the concurrence of a majority of the City Council, for breach of duty, for conduct unbecoming a public official of the city, for violation of the city’s code of ethics, or for any cause deemed warranted by a majority of the City Council.
Meeting Notices
Effective January 1, 2012, each Committee/Commission will provide notice of each meeting, including 173
9 special meetings, on the City’s web site. Committee/commission members, media representatives and any other interested persons who so requests will be notified in advance of time and place of each meeting. Meetings are open to the public and must follow the posting guidelines of the Brown Act.
The City Council is to receive all notices of meetings, agendas and minutes.
These guidelines may be waived or changed at the discretion of the Council. The Council has the discretion to make appointments outside of this stated policy. Statutory committees and commissions are separate from these guidelines to the degree required by State Law, City Charter or Ordinance Code. 174
10 ORGANIZATION
Regular Meetings
Regular meetings are held for most of the city’s committees and commissions. An exception would be committees that meet as needed or “on-call” or committees that convene on an occasional basis.
Agendas of all regular meetings must be posted for public review at least 72 hours prior to the meeting.
The official posting place of agendas is at City Hall West (707 W. Acequia), and the city’s web page www.visalia.city . Notices may also be posted at City Hall East (315 E. Acequia) or Administration (220 N.
Santa Fe)
Adjourned Regular Meetings
If for any reason the business to be considered at the regular meeting cannot be completed, the committee or commission may then adjourn to a specified time and location. A notice announcing the adjournment must be posted within twenty-four hours after the time of adjournment.
Special Meetings
If it is necessary to meet at a time or date that is not the regular meeting schedule, a Special Meeting may be called by the advisory body. A Special Meeting may also be called in order to discuss an important issue that needs to be addressed immediately. Notice of special meetings must be received by members and posted at City Hall and on the City’s web page at least 24 hours in advance of the meeting. Only the business set forth in the agenda may be considered at the meeting.
Agenda
At least 72 hours before a regular meeting, an agenda shall be publicly posted which specifies the time and location of the meeting and contains a brief general description of each item of business to be transacted or discussed at the meeting.
Minutes
Minutes of all meetings must be kept as a permanent record by the committee/commission’s staff representative. The minutes should be taken and prepared by the committee/commission’s secretary with the assistance of the staff representative. Written minutes, upon approval by the committee or commission, constitute the official record of its activities. Additions and correction of the minutes may be made only in public meetings, with the approval of the body, and not by the private request of individual members. Minutes are not verbatim but are instead, action minutes, which record the essence of the decision made and significant action taken.
175
11 Annual Reports
Each Committee and Commission shall submit an annual report to the City Council. The annual report should include the number of meetings held, approximate number of citizens attending, accomplishments for the year, goals for the next year, and any other significant areas of which the Council should be aware.
Parliamentary Procedure
In order for a commission/committee to meet, conduct business and take action, a quorum must be present. A quorum is generally defined as a majority (one more than half) of appointed members to the particular advisory body. Meetings of commission/committees are generally operated according to parliamentary procedure using Roberts Rules of Order as a guideline. Each body may establish additional rules, limit debate and eject unruly persons if necessary.
The use of Parliamentary Procedure…
➢ Promotes cooperation and harmony so that people can work together more effectively to accomplish their goals.
➢ Guarantees each individual an equal right to propose motions, speak, ask questions and vote. ➢ Protects the rights of minority points of view and gives the minority the same consideration and respect as those in the majority.
➢ Encourages the full and free discussion of every motion presented. ➢ Ensures that the meeting is fair and conducted in good faith.
Commission/committee action is taken by motion. Motions go through the following general steps:
1. The member making the motion asks to be recognized by the chair;
2. The member makes the motion… “I move…”;
3. Another member seconds the motion (if there is no second, the motion dies and is not voted upon);
4. The chairperson states the motion or if he is not clear asks the member making the motion to re-state the motion;
5. The chairperson asks if there is any discussion on the motion;
6. When the chairperson determines that there is no more discussion on the motion, the debate is closed;
7. The chairperson puts the motion to a vote.
The vote on a motion may take the form of “all in favor” so state, “all opposed” so state, which is called a commission/committee vote. If members prefer, the vote may take the form of a voice or roll call vote.
The Brown Act prohibits voting or taking action by secret ballot.
Appointment of Officers
Annually, each Committee/Commission shall elect a Chairperson, Vice Chairperson, and Secretary from their members. Commissions may have a staff person appointed as secretary.
176
12 Role of the Chairperson and Vice Chairperson
During meetings, the chairperson is responsible for overseeing the public debate in a manner that encourages input while facilitating the decision-making process.
The chairperson should limit the discussion and debate to the particular scope of responsibility of the group and should ensure that all individuals have the opportunity to speak. The chairperson should expedite the business of the commission/committee by making sure that the discussion does not go off- track or bog down on peripheral issues.
In the event that the chairperson is not present at the meeting, the meeting will be chaired by the vice- chairperson and all duties of the chairperson will transfer to the vice-chair during the chairperson’s absence.
Role of the Secretary
The secretary is responsible for recording the actions at the meeting and keeping the attendance record of the advisory body. A staff person may assist with this duty, if needed. The secretary should prepare the action minutes as soon after the meeting as possible and review them with the staff person prior to submitting to the committee for approval. The staff person is the “keeper” of the committee’s agendas, action minutes and attendance records.
Role of the Members
The committee/commission members serve as the “workers” by providing ideas, suggestions, and perspectives that may not have been considered by the City Council, chairperson and staff.
Role of the Alternate
Alternates are not regular members of the committee or commission, and while encouraged to attend, they are not voting members and should not be accorded the same rights and privileges as voting members.
Role of the Staff Representative
The City Manager appoints staff representatives to serve each of the committees and commissions. The staff representative provides information, support services and facilitates communication between the committee, the City Council and city management.
The duties of the staff representative shall include:
1. Reserve and prepare a meeting location that is available to the general public and accessible to the handicapped throughout the entire meeting.
177
13 2. Secure the location when the meeting is completed.
3. Assure that the committee/commission maintains the established meeting schedule.
4. Monitor the committee/commission membership and assist members in filling open positions, notifying the City Clerk’s Office promptly when an unscheduled vacancy occurs and when an alternate is promoted to regular member status.
5. Act as a resource for questions or inquiries generated by members of the committee or commission.
6. Act as liaison between the committee/commission and the City of Visalia.
7. Make proper meeting notifications, in accordance with the Brown Act, and make certain that all meetings are conducted in accordance with all laws.
8. Make certain that all documents related to the committee/commission are current and reflect the present operational status of the committee or commission.
9. Assist the Secretary in preparation of the action minutes; the staff person is the official “keeper” of the agendas, back-up materials, and action minutes
10. Oversee preparation and presentation of the required year-end summary to the City Council.
11. Perform other duties as assigned by the City Manager, Department Head or City Council.
12. Maintain a list of terms of the committee/commission members. 178
14 GUIDELINES FOR RELATIONS WITH OTHERS
Relations with Fellow Commission/Committee Members
Cooperation among fellow commission/committee members plays an important role in the successful efforts of these groups. In order to build consensus around common goals and objectives, members should first show a willingness to objectively define the issues at hand and then work to reconcile opposing viewpoints. When commissioners/committee members interact positively, the group as a whole will be more effective. Important points to keep in mind in working with other commission/committee members:
1. Respect an individual’s viewpoint even though it may be different from your own;
2. Allow other members adequate time to present their view before making comments;
3. Be open and honest;
4. Welcome new commission/committee members and help them become acquainted with the commission/committee.
5. Accept responsibility, voice opinions and be fair and factual.
Relations with Council
The primary responsibility of commissions/committees is to advise and make recommendations to the Council. It is the Council’s role to absorb the advice and recommendations offered by numerous sources and to make decisions to the best of its ability. Because the Council is in such a position to see the broader context and is aware of other concerns, it may not always follow the recommendation offered by individual commissions/committees.
Relations with Staff
The staff representative’s role is valuable to the success of the commission/committee. They do research and provide relevant information that enhances a commission/committee’s ability to get things done. Staff is available to answer questions and follow-up on items brought before the commission/committee.
However, members should be aware that the staff representatives are there as liaisons, assisting the members of the commission/committee by gathering information when needed or requested, submitting recommendations of the commission/committee to the Council, etc. Staff representatives must sustain a balance between their role as a liaison and as a city employee. Commission/committee members must be sensitive to the unique and vital relationships that staff representatives must maintain.
Relations with Media and Public Statements
Commissioners and Committee members should not make public statements as a spokesperson for the City of Visalia or of their particular committee/commission. Any statement made reflects the opinion of that particular member only. Any inquiries regarding city committees or commission matters should be referred to the staff representative and/or the Community Relations Manager. 179
15 LIST OF ALL BOARDS/COMMITTEES/COMMISSIONS
Committee/
Commission
Composition Regular Meetings Summary Staff Representative Citizens Advisory
Committee
11 members
Held the first
Wednesday of each
month at 5:30 p.m. at
City Administration
220 N. Santa Fe
Acts as a liaison
between the general
public and the City
Council concerning
community issues.
Jason Serpa
713-4533
Luma Fahoum
713-4103
Historic Preservation
Committee
7 members
Held the second and
fourth Wednesdays at
5:30 p.m. at City
Administration 220
N. Santa Fe
Administers and
carries out standards
and specifications of
the Historic
Preservation
Ordinance. Promotes
historic preservation
including
encouraging building
owners to initiate
preservation efforts.
Develops funding
and/or incentive
options, conducts
tours, and oversees
building
identification.
Cristobal Carrillo
713-4443
Park and Recreation
Commission
5 members
Held the second
Tuesday of each
month at 5:30 p.m., at
City Hall Council
Chambers
707 W. Acequia
Advises the City
Council and City
staff in matters
pertaining to parks,
playgrounds and
recreation centers.
Laurissa
Roggenkamp
713-4042
Planning
Commission
5 members
Held the second and
fourth Monday of
each month at 7:00
p.m., at the City Hall
Council Chambers
707 W. Acequia
Makes recommenda-
tions to the City
Council concerning
land use, building and
subdivisions,
administers the
Zoning Ordinance
and handles matters
that affect the growth
and development of
Visalia
Paul Bernal
713-4025
180
16 The following Boards have city appointees:
Committee/
Commission
Composition Regular Meetings Summary Staff Representative Delta Vector Control
Board
1 City representative On call. Monitors, controls
abate and otherwise
controls animals
which carry diseases
Leslie Caviglia
713-4332
Tulare Mosquito
Abatement District
Board
1 City appointee On call As a political
subdivision of the
State of California,
the district monitors,
inspects, abates and
otherwise controls
insects which carry
transmittable diseases
Visalia Civic
Facilities Authority
2 City appointees Obligated to meet
once a year.
Serves as the
governing body for
matters pertaining to
the Convention
Center, the L.J.
William’s Theater
and the Rotary
Theater. The
authority acquires
constructs, manages,
maintains, operates
and leases buildings.
Visalia Unified
School District lead
agency
Members of Committees may serve up to three (3) two-year terms (maximum 6 years)
Members of Commissions may serve up to four (4) two-year terms (maximum 8 years) 181
17 CITY OF VISALIA
APPLICATION FOR APPOINTMENT
TO CITY BOARD, COMMITTEE OR COMMISSION
Name of Board, Committee or Commission
Name _______________________________________________________________________________
Mailing/ _______________________________________________________________________________ Address ________________________________________________ Residence Phone _____________
__________________________ Zip Code ___________ Work Phone _________________
Email ________________________________________________ Facsimile ___________________
Resident of Visalia for _________ years Visalia Registered Voter: Yes __________ No __________
NOTE: Of the contact information provided, please indicate with an asterisk “*” which i s the best way to reach you.
TRAINING, EXPERIENCE and/or EDUCATION:
_____________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ____________________________________________________________________ __________________ _________________________________________________________________________________ _____________________________________________________________________________________
SCHOOL MAJOR GRADUATION DATE & DEGREE
Additional Pertinent Skills, Experience or Interests: ___________________________________________
______________________________________________________________________________________
Community activities in which you are involved: ___________________________________________
______________________________________________________________________________________
Current or prior service on a City Board, Committee or Commission: _________________________
182
18 Employment Information:
Present Occupation:
______________________________________________________________________________________ __
Name of Firm: ___________________________________________________________
Address: ________________________________________________________________
Phone: ________________________________________________________________
Rules of law and ethics prohibit members from participating in and voting on matters in which they have a direct or indirect conflict of interest including a financial interest. Are you aware of any potential conflicts of interest which may develop from your occupation or financial holdings in relation to your responsibilities as a member of the Board, Committee or Commission to which you seek appointment?
(If yes, please explain in detail any potential conflicts)
YES ___________ NO _____________
(If you should have any questions about this matter or need further information as it relates to your situation, please advise the City Clerk’s Office prior to submitting your application.)
______________________________________________________________________________________
183
19 FIRST choice for Board/Committee/Commission appointment: ___________________
SECOND choice for Board/Committee/Commission appointment: __________________ _________________
THIRD choice for Board/Committee/Commission appointment: ___________________
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.
What are your goals in serving on this
Board/Committee/Commission?
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.
What are your goals in serving on this
Board/Committee/Commission?
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.
What are your goals in serving on this
Board/Committee/Commission?
184
20 When completed mail/submit original to: Office of the City Clerk – City of Visalia
220 N. Santa Fe St.
Visalia, California 93292
[email protected]
ON OCCASION, BOARD/COMMITTEE/COMMISSION MEMBERS, CITY STAFF, AND/OR THE
PUBLIC MAY HAVE NEED TO COMMUNICATE WITH YOU, PLEASE BE SURE TO NOTE ON YOUR APPLICATION THE BEST WAY TO CONTACT YOU (i.e., mailing address, phone number, or email address.)
I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge.
_______________________________________________ ____________________________ Signature of Applicant Date
The following information will be used for statistical purposes only. This information is requested on a voluntary basis. If you have questions regarding this request, please contact the City Clerk’s Office. Your application will be processed whether or not you complete these questions. Thank you for your assistance.
Male Female
Ethnic Category: check all categories that apply:
White
(The category “White” includes White, Anglo-Saxons, Europeans, and person of Indo-European, North Africa or Middle Eastern origin.)
Black
(The category “Black” includes Blacks, Afro-Americans, and persons of Jamaican, Trinidadian, and West Indian descent.)
Hispanic
(The category “Hispanic” includes Mexican, Chicano, Latino, and all persons of Puerto Rican, Cuban Central or South American or Spanish descent.)
American Indian
(The category “American Indian” includes persons who identify themselves, or a re known as such, by virtue of tribal associations, including Alaskan Native.) Asian
(The category “Asian” includes Asian-Americans and persons of Japanese, Chinese, Korean, Filipino descent, Pacific Islanders and Vietnamese.)
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in the evaluation of your application.
185
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0442 Agenda Date: 10/21/2024 Agenda #: 10.
Agenda Item Wording:
Approve Agreement with California Dairies, Inc. - Approve the agreement with California Dairies, Inc. (CDI) to allow them to increase their permitted wastewater discharge flow capacity and decrease their biochemical oxygen demand under their Industrial Discharge Permit utilizing a fee exchange.
Deadline for Action: 10/21/2024
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 approve the agreement with California Dairies, Inc. (CDI) to allow them to increase their permitted wastewater discharge flow capacity and decrease their biochemical oxygen demand under their Industrial Discharge Permit utilizing a fee exchange subject to any minor conforming changes acceptable to the City Manager and City Attorney.
Background Discussion:
California Dairies, Inc. (CDI) is a significant industrial sewer discharger within the City. Their Visalia facility is their largest in the State and specializes in butter and milk powder production. CDI’s current average daily permitted flow discharge limit is 1.87 million gallons per day (MGD), however they consistently exceed that limit with an average daily discharge of 2.25 MGD. Therefore, City Staff and the City Attorney have been working on drafting an agreement with CDI to modify these limits to better align the permitted amount with CDI's current flow discharge levels due to existing production demands at their facility.
CDI has two operational efficiency projects planned and is currently seeking building permits for both.
As part of the review process, City staff advised CDI that before these building permits could be issued, they would need to bring their permitted wastewater discharge flow up to the level they are currently utilizing. The agreement outlined to address this requirement ensures compliance while balancing the City’s environmental and infrastructure goals.
In conjunction with, and as a result of, these projects, CDI has proposed a reduction in its biochemical oxygen demand (BOD) and total suspended solids (TSS) discharge levels. These pollutant reductions will be achieved through the installation of a pre-treatment system designed to significantly reduce the facility’s environmental impact. Specifically, CDI commits to significantly lowering its BOD from 7,266 lb/day to 4,005 lb/day (44.8%) and its TSS from 4,937 lb/day to 3,117 lb/day (36.9%). In exchange for these pollutant reductions, the City is considering CDI’s request to adjust its flow limit without imposing additional impact fees. The impact fee cost to increase CDI’s average daily flow limit to 2.25 MGD would be $1,554,200 and would be equally offset by the impact Visalia City Council Printed on 10/18/2024Page 1 of 4
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File #: 24-0442 Agenda Date: 10/21/2024 Agenda #: 10.
fee reduction from the reduced BOD and TSS limits, within a reasonable degree of rounding, as per the City’s most recent 24/25 Rates and Fees Schedule. Their flow capacity is specifically being increased by the amount of the monetary value of their
BOD reduction. The fee calculation is outlined below:
Flow Impact Fee Calculations
CDI's Current Permitted Flow (MGD)
1.870
CDI's Requested Flow (MGD)
2.250
Amount of Increase (MGD)
0.380
FY 24/25 Treatment Plant Rate ($ per gallon) $
2.85 FY 24/25 Trunkline Rate ($ per gallon) $
1.24 Total Flow Increase Impact Fees $
1,554,200.00
BOD Impact Fee Calculations
CDI's Current Permitted Daily BOD (lb/d)
7,266.000
CDI's Requested BOD Limit (lb/day)
4,005
Amount of BOD Decrease (lb/day)
(3,261)
FY 24/25 Treatment Plant BOD Rate ($/pound) $
352.80
Impact Fee Reduction of BOD
$ (1,150,480.80)
TSS Impact Fee Calculations
CDI's Current Permitted Daily TSS (lb/d)
4,937.000
CDI's Requested TSS Limit (lb/day)
3,117
Amount of TSS Decrease (lb/day)
(1,820)
FY 24/25 Treatment Plant TSS Rate ($/pound) $
221.80
Impact Fee Reduction of TSS
$ (403,676.00)
Total BOD/TSS Reduction Impact Fees $ (1,554,200.00) CDI will have 12 months from the date of the final execution of the agreement to complete design, permitting, and construction and installation of the pretreatment system. CDI will then have 6 months Visalia City Council Printed on 10/18/2024Page 2 of 4
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File #: 24-0442 Agenda Date: 10/21/2024 Agenda #: 10.
from the completion of construction to achieve the BOD/TSS reductions outlined in the agreement.
The City views this trade-off as beneficial for several reasons. First, reducing BOD and TSS levels will lessen the burden on the City’s wastewater treatment infrastructure, ensuring the system remains within compliance with state and federal regulations. This also helps protect local water quality and ensures more efficient operations at the treatment plant. CDI’s investment in pre-treatment technology not only benefits their facility but also supports the City’s broader environmental goals.
By bringing CDI’s permit in line with their current flow levels and allowing them to operate within the new 2.25 MGD limit, the City is addressing both current and future discharge levels in a controlled and environmentally responsible manner. In return for granting this increase in flow, the City is ensuring significant pollutant reductions, which will alleviate strain on the wastewater system.
The agreement also includes safeguards for the City in the event that CDI is unable to meet its obligations. If CDI fails to complete the pre-treatment project within the agreed timeframe or is unable to achieve the pollutant reductions, they will be required to pay $1,554,200 to adjust their permit for the increased flow capacity without the benefit of reduced BOD and TSS limits. This ensures that the City is compensated if the environmental benefits are not realized. Additionally, if the pre-treatment project initially meets the outlined pollutant reductions but then fails to do so at a later date, CDI would be required to pay the appropriate permit exceedance penalties on a monthly basis as per the requirements of their Industrial Discharge Permit.
In conclusion, this agreement provides a balanced approach that aligns CDI’s operational needs with the City’s environmental and infrastructure goals. By approving this agreement, the City ensures compliance, supports sustainable wastewater management, and maintains a cooperative relationship with CDI, all while protecting the public interest through performance-based conditions.
Fiscal Impact:
If CDI’s treatment plant performs per the agreement, $1,544,200 worth of Trunkline Capacity and Treatment Plant Capacity impact fees will be waived in exchange for the reduction in $1,544,200 in impact fees for the reduced BOD and TSS limits.
If CDI’s treatment plant fails to perform per the agreement, CDI will pay $1,544,200 in Trunkline Capacity and Treatment Plant capacity impact fees.
Prior Council Action: N/A
Other: N/A
Alternatives: Reject agreement and require CDI to pay the required impact fees before any building permits for expansion projects are issued.
Recommended Motion (and Alternative Motions if expected):
I move to approve the agreement with California Dairies, Inc. (CDI) to allow them to increase their permitted wastewater discharge flow capacity and decrease their BOD demand under their Industrial Discharge Permit utilizing a fee exchange, subject to any minor conforming changes acceptable to the City Manager and City Attorney.
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File #: 24-0442 Agenda Date: 10/21/2024 Agenda #: 10.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: CDI - Agreement Calculation
CDI Agreement
Exhibit A
Exhibit B
Exhibit C
Rates and Fees FY24-25
Visalia City Council Printed on 10/18/2024Page 4 of 4
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1 City of Visalia
Rates & Fees
FY 2024-25
193
2 Table of Contents
Page #
Policy and Procedures – City 1
Policy and Procedures – Parks & Recreation 3
General Fees
Administration
General Government and Finance 9
Geographic Information Systems (GIS) 10
Business Tax 11
Engineering and Building
Engineering 13
Grading Permit Fees 15
Parks and Recreation 16
Planning and Community Preservation
Planning 21
Code Enforcement 25
Public Safety
Fire 26
Police 28
Public Works
Sidewalk & Drive Approach Improvements 29
Impact Fees
Administration
Public Facilities – Civic Center, Corporation Yard, & Library 31 Public Safety – Fire & Police 32
Planning and Community Preservation
Groundwater Overdraft Mitigation and Impact Fee 33
Northeast Area Development 34
Park Acquisition & Development 35
Parking In-Lieu 36
Storm Drainage & Waterway Acquisition 37
Storm Drainage Credits 38
Transportation 39
Treatment Plant Connection Capacity 41
Truck Line Connection Capacity 42
Enterprise Fees
Airport 44
Animal Services 45
Building Safety 46
Elevator Fees 52
Construction & Demolition 53
Convention Center 54
Solid Waste 58
Sewer – Sanitary and Storm Connections & Permits 68
Groundwater Recharge 71
Transit 72
194
1 Rates & Fees
Administrative Policy and Procedures
PURPOSE
The purpose of this policy is to set forth the procedures for the review, revision, and approval of the city’s rates and fees.
POLICY
1. It shall be the policy of the City to establish fees and charges for City services, which reimburse the City for the associated services unless specified otherwise by the City Council.
2. All fees and charges shall be reviewed annually, or sooner, if needed, to ensure that they are adequate and correlate with their associated cost.
3. All fees and charges adopted herein shall be superseded by State or Federal legal requirements setting fees and charges if at diƯerent amounts.
PROCEDURES
1. Annually Finance shall request city departments to review their rates and fees and propose any adjustments.
2. Upon receipt of the requested adjustments, Finance shall review them to ensure that they comply with the City Council’s policy for reimbursement of the associated costs.
3. Upon completion of this review, the proposed new rates and fees shall be reviewed by the appropriate advisory Committee or Commission and forwarded by Finance to the City Manager for final review and approval prior to being submitted to the City Council.
4. After review and approval by the City Manager, the new rates and fees shall be identified in the Rates and Fees Resolution.
5. The rates and fees shall be used to estimate revenues for specific City programs as requested in the proposed upcoming budget.
6. The Public Hearing on the proposed rates and fees, if required, shall be scheduled at a regular City Council meeting.
7. Generally, all adjustments to the city’s rates and fees are to be considered at one time prior to the review and adoption of the budget. Changes in some rates and fees become eƯective at a date other than the first day of the new fiscal year. See EƯective Date below for details.
8. Should new services or documents become available during the year, the new rate(s) or fee(s) may be developed and implemented using the same criteria as similar rates or fees. These new items would then be included in the next review if continued use is anticipated.
BASIS FOR ADJUSTMENTS
1. Generally, adjustments to rates and fees are based on established annual indexes including the following:
a. California Consumer Price Index (CCPI)
b. Engineering News Record Construction Costs Index (ENRCCI) c. U.S. Consumer Price Index – Urban Consumers (CPI-U)
2. In addition to these indexes, some rates and fees are also adjusted using other bases to determine fees. For example, the following bases are also used in limited cases to adjust rates and fees:
195
2 a. Cost of providing service
b. Cost reimbursement
c. Survey of fees from surrounding communities
d. Special surcharges due to specific costs
e. Subsidy by the General Fund
f. Rounding
3. Certain rates and fees may not be required to be adjusted. For example, if an Enterprise Fund can continue to fund operations without an increase, none will be recommended.
EFFECTIVE DATES
1. Adjustments to rates and fees generally become eƯective on the first day of the next fiscal year. (e.g. General Fund and Enterprise Funds)
2. Adjustments to Impact Fees are eƯective 60 days after the date of the Public Hearing in which the new rates were adopted.
3. In certain circumstances, a rate or fee may be brought before the Council and adjustments adopted during the fiscal year for immediate change or changes over a specified number of years.
196
3 Parks and Recreation Department
Fee Policy
BACKGROUND
The Parks and Recreation Department wishes to provide meaningful recreational opportunities to meet the physical, cultural, mental, and economic needs of the citizens of Visalia. It is our desire to enhance the quality of life in Visalia by providing open space, recreation facilities, and programs for all citizens. Providing an array of quality recreational opportunities is an increasingly complex task due to 1) demands for new expanded services, 2) demands to retain older services, 3) increases in operating expenses, and 4) priorities of allocating limited City General Fund dollars. Fiscal responsibility mandates the adoption of a sound and consistent fee and charge policy that will guide the generation of revenue to supplement the General Fund’s support of Parks and Recreation programs and services.
Fiscal goals of the Parks and Recreation Department include:
To become less dependent on tax support from the City and to become more self-suƯicient. To substantially increase the proportion of the services and operations funded through user fees. The department will make a concerted eƯort to track its costs for facilities and operations and ensure program costs are better covered by fees charged.
To view programs and services more as an enterprise. Even though the department is a public agency, the City of Visalia is limited by the funds it can provide for all services, let alone those not viewed as essential by many taxpayers.
In order to continue as a vital, progressive agency in the community, we need to adopt a more entrepreneurial, business-like, and fiscally aware approach to our operations.
STATEMENT OF PHILOSOPHY
The philosophy of the City of Visalia Parks and Recreation Department is to oƯer year-round, diversified Parks and Recreation programs and services, at reasonable and equitable rates designed to meet the needs of the citizens of Visalia. Fees and charges will be viewed as a method to equitably provide and expand services without an inordinate impact on the General Fund while ensuring where fees are implemented, they are kept at a fair market value in order to encourage participation. Because the demand for services is greater than the municipality’s ability to appropriate funds to support the demand, it becomes necessary to charge new fees, increase some existing fees, and pursue additional supplementary revenues and resources.
Fees and charges for parks, recreation, and cultural services will provide only one source of funding for the department. Other sources will include General Fund appropriations, grants, sponsorships, special gifts, donations, and in-kind contributions.
VISALIA’S PRICE MODEL
The Parks and Recreation Department will follow a cost recovery method based on benefits. This model utilizes General Fund dollars for programs, services, and facilities that benefit the community as a whole and allows for user fees to support programs and services that focus on benefits to individuals. Attachment A shows our Cost Recovery Pyramid with the following categories to be used to set program fees based on cost recovery rates.
197
4 Category A: Community Benefit – programs, facilities, and services that benefit the community as a whole.
These programs, facilities, and services can increase property values, provide safety, address social needs, and enhance the quality of life for residents. The community pays for these basic services and facilities through taxes and may utilize free of charge. Such programs or services can include parks and open spaces, educational programs, health and wellness activities, community-wide special events, family activities, and gang prevention programs.
Examples of current programs in this area:
Parks, open spaces, and trails
Community-wide Special Events – Egg Hunt, Dia de Los Ninos, Tamale Festival Family Walks
Manuel F . Hernandez Community Center Drop-In Program
The Loop
Category B: Community/Individual Benefit – programs, facilities, and services that promote individual physical and mental well-being and provide recreation skill development. These are the more traditionally expected services and beginner instructional levels. These programs, services, and facilities are typically assigned fees based on a specified percentage of direct and indirect costs. These costs are partially oƯset by both a tax subsidy to account for the Community Benefit and participant fees to account for the Individual Benefit. Programs, facilities, and services in this tier shall recover 50% of direct program costs.
Examples of current programs in this area:
Youth Sports – baseball, soccer, basketball, volleyball Tiny Tot Sports
Public Swim
Swim Lessons
Senior Meal Program
Senior Citizen programs & classes
Fee Example – Youth Basketball
Expenses
OƯicials $10,000
Hourly StaƯ 12,000
Recreation Coordinator 2,000
Coach/OƯicial Training 800
Facility Rental 7,000
Uniforms 11,000
Equipment 6,000
Awards 2,000
Advertising 1,500
Total $ 52,300
425 Participants ($52,300/425) 123.06
50% Cost Recovery $ 61.53 Fee
Category C: Individual/Community Benefit – Services that promote individual physical and mental well- being and provide an intermediate level of recreational skill development. This level provides more Individual 198
5 Benefit and less Community Benefit and should be priced to reflect this. Programs and services in this category shall recover 75% of direct program costs.
Examples of current programs in this area:
Day Camps
Enrichment Classes – dance, art, martial arts, and music After School Activity Program
Tiny Tots Pre-School Program
Fee Example – Tiny Tot Pre-School
Expenses
StaƯing $ 480
Equipment & Supplies 200
Total $ 680
15 Students ($680/15) 45.33
75% Cost Recovery $ 34.00 Fee
Category D: Mostly Individual Benefit – Specialized services generally for specific groups and may have a competitive focus. In this category, programs and services may be priced to recover 100% of direct costs.
Examples of current programs in this area:
Father/Daughter Dance
Specialty Camps & Sports Camps
Kendo
Adult Sports – soccer, softball, basketball, volleyball Swim Teams
Diving Classes
Fee Example – Adult Volleyball
Expenses
Hourly StaƯ $ 800
Equipment 600
Awards 400
Gym Rental 1,800
Total $ 3,600
18 Teams ($3,600/18) $ 200
100% Cost Recovery $ 200 per Team Fee
Category E: Highly Individual Benefit – Programs or services that have a higher revenue potential and may fall outside of the core mission. In this category, programs and services are priced to cover all direct and indirect costs. Examples of this include elite athletic programs, food concessions, and trips.
Examples of current programs in this area:
Haunted House
Photos at the Mall
Bus Trips
199
6 Certification Courses
ViTri Triathalon
DETERMINING FEES FOR PROGRAMS
The Parks and Recreation Department will work to recover a percentage of or all Direct Program Costs. The following describes factors that are considered to calculate direct costs. Part-time, Hourly, and Contractual StaƯ – leaders, instructors, oƯicials, and scorekeepers, including hourly benefit cost of 5.85%.
Equipment – including stage, light rental, tables, chairs, sound systems, and other such items. Supply/Materials – awards, balls, crafts, tickets, certificates, videos, copies, etc. Maintenance/Custodial – building attendants, facility opening and closing, maintenance issues directly related to the program.
Maintenance Supplies/Materials – maintenance and/or custodial supplies needed specific to the operation of the program or activity.
Membership/Training – memberships, subscriptions, training specific to a program or activity. Special Insurance – special event or food product liability insurance Security – contract security or Police Department charges Marketing – newspaper, radio, flyers, posters
Program Discounts, Scholarships
Transportation – bus rental, transit tickets
Postage
Equipment Purchases – total cost of equipment purchased divided by the number of years of life expectancy of equipment.
Utilities
Facility Rental Cost – cost to rent outside facilities
DIFFERENTIAL FEES, VARIANCES, AND FEE WAIVERS
It is understood that on occasion special circumstances may be needed in determining fees for groups or individuals having circumstances uncommon to those in the fee structure criteria. In these cases, the Parks and Recreation Commission will be the approving party for all requests. Requests for a variance shall be submitted in writing to the Parks and Recreation Commission 60 days prior to the date of use.
FEE REVIEW AND OVERSIGHT
The Parks and Recreation Commission shall review and provide oversight of specific program and/or activity fees and charges. Such review shall take place at least bi-annually during a regularly scheduled Park and Recreation Commission meeting.
200
7 City of Visalia Parks &
Recreation Department
Cost Recovery Pyramid
%= City Subsidy
Attachment A
0+% Highly Individual Benefit
0% Mostly Individual Benefit
25% Individual /Community Benefit
50% Community /Individual Benefit
100% Community Benefit
201
8 General Fees
202
9 GENERAL GOVERNMENT
FINANCE
242.00$ Per YearOrdinance Code Subscription0.20$ Per SheetCopies - Letter Size0.25$ Per SheetCopies - Letter Size Duplexed 0.25$ Per SheetCopies - Legal Size0.30$ Per SheetCopies - Legal Size duplexed0.10$ Per SheetCopies - FPPC documents (only)35.00$ *Per PassportPassport Application - Execution Service Fee12.00$ Per PersonPassport Photos19.53$ *Per RequestPassport Application - Overnight Postage Fee(If expedited processing is requested by applicant)*Fee amount set by the U.S. Dept. of State1.00$ Per ParcelFee for placing items on the property tax roll for collection5%Per Loan/ServiceInterest rate to be charged on loans for City Sewer Connection Services and for Installing Curb and Gutters on private property25.00$ Per Check1st Returned Check Charge30.00$ Per CheckEach Subsequent Returned Check Charge30.00$ Per CheckStop Payment (e.g. Lost Check)10%Of Rent ChargeTransient Occupancy Tax2%Of Rent ChargeVisalia Tourism Marketing District Tax (Pass Through)0.60$ Per ItemPayroll Deduction (Voluntary)1.50$ Per ItemPayroll Garnishment 203
10 GEOGRAPHIC INFORMATIONAL SYSTEMS (GIS)
Special Projects77.95$ Per half hour for staff time requested projectsNo ChargeStandard Maps:ZoningGeneral PlanCity Limits with StreetsMost Current Aerial Image with City Limits and StreetsFire Station and Response AreasPolice Department Beats and Reporting DistrictsPublic Parking LotsPBIDHistoric DistrictCDBGStandard Map Sizes:8.5 X 1111 X 1718 X 2424 X 3636 X 6042 X 70Printing services are not available. Standard Maps will only be produced at the Standard Map Sizes with no cost. Delivery of all maps will be via e-mail or FTP site in a PDF format. Any maps or sizes not contained on the list of Standard Maps or Standard Map Sizes will be subject to the Special Project Rate.The requestor of the maps or map products shall have the implied consent of the City of Visalia GIS Division to print the electronic file with a third party at the requestor's expense. This data has been carefully prepared from official records, however, the information hereon is not warranted and the City of Visalia shall not in any event be liable for any errors or inaccuracies. 204
11 BUSINESS TAX
FIXED BUSINESSES (Businesses in Downtown will be charged a Downtown Surcharge equal to the business tax.)FY 24/25 All minimums are $80.00Professionals1.25$ Per $1,000 annualized, monthly gross receipts (* Minimum Tax, Per Individual)281.00$ Per individual professional participating within the entity, maximum annual business taxServices1.00$ Per $1,000 annualized, monthly gross receipts (*Minimum Tax)478.00$ Per entity, maximum annual business taxRetail / Landlords0.70$ Per $1,000 annualized, monthly gross receipts (*Minimum Tax)2,109.00$ Per entity, maximum annual business taxManufacturers / Wholesale0.40$ Per $1,000 annualized, monthly gross receipts (*Minimum Tax)1,199.00$ Per entity, maximum annual business taxSTATE LICENSED CONTRACTORS (Contractors in Downtown will be charged a Downtown Surcharge equal to the business tax.)233.00$ Per state licensed General contractor, included in SECTION 5.04.280133.00$ Per state licensed Sub-contractor, included in SECTION 5.04.280DELIVERY (AND PICK UP) VEHICLESDelivery (and Pick Up) Vehicles0.40$ Per $1,000 gross receipts180.00$ Per vehicle, per year - for the first vehicle100.00$ Per vehicle, per year for each additional vehicle.TEMPORARY, ITINERANT, OR SPECIAL BUSINESSESPublic Dance80.00$ Per dayCultural Performance80.00$ Per day687.00$ Per monthAt collectors option1.00$ Per $1,000 gross receiptsSpecial Event - Including Carnivals and Circuses337.00$ Per day1.00$ Per $1,000 gross receipts The amount of the business tax listed below for Fixed Businesses is the annual tax. The annual business tax shall be divided into equal payments and shall be due and payable according to the schedule prescribed by the Collector and defined in Section 5.04.230 of the Business Tax Ordinance.The minimum and maximum taxes for professionals are per individual, while the minimum and maximum taxes for the other categories are per entity.The amount of the business tax listed below for State Licensed Contractors is the annual tax. The annual business tax shall be divided into equal payments and shall be due and payable according to the schedule prescribed by the Collector and defined in Section 5.04.230 of the Business Tax Ordinance.The amount of the business tax listed below for Delivery (and Pick Up) Vehicles is the annual tax. The annual business tax shall be divided into equal payments and shall be due and payable according to the schedule prescribed by the Collector and defined in Section 5.04.230 of the Business Tax Ordinance. 205
12 BUSINESS TAX (cont.)
TEMPORARY, ITINERANT, OR SPECIAL BUSINESSESTemporary or Itinerant Business20.00$ Per day337.00$ Per month1.00$ Per $1,000 gross receiptsSURCHARGES AND PENALTIESDowntown Surcharge100% Of Business Tax for businesses within the Town Center Business Improvement AreaNon-Compliance100% Of maximum Business Tax for non-compliance with City busines regulations.Delinquent Penalty and Interest25% Penalty on original Business Tax Fee for any unpaid balance1% Interest (on unpaid balance each month not paid in full)50.00 Administrative surcharge to adjust gross receiptsPenalty for Delayed Notification for Closure or Change of Ownership10.00 Per month for delayed notification after the initial 30 days (for delay of notice of closure of business or change of ownership)Penalty for Violation100% For intentional misrepresentation of facts to determine Business Tax due1% Interest (on the unpaid balance each month not paid in full)Infraction$100.00 each First violation$200.00 each Second violation of the same within one year$500.00 each Third and each additional violation of same within one yearSPECIAL SERVICESReports0.20$ Per page regardless if computer generated or non-computer generatedCopies - Citywide Fee0.20$ Per sheet - Individual copies0.25$ Per sheet - Duplexed copiesApplication Fee26.50$ Processing charge for new applications 206
13 ENGINEERING & BUILDING
ENGINEERING
Final Subdivision & Parcel Map Filing Fee:1,475.70$ Per lot to 30 lots+71.99$ Per lot to 31-60 lots+12.56$ Per lot to 61-90 lots+8.72$ Per lot to 90 lots+3.78$ Each 167.30$ Engineer Estimate$ 0 - $200,000 3,685.40$ $200,001 - $300,000 4,912.30$ $300,001 - $400,000 7,368.60$ $400,001 - $500,000 9,828.30$ $500,001 and above 11,547.20$ % of proposed improvement costs less Subdivision Map Improvements:Inspection Fee 4%Parking Lot Plan Check and Inspection Fee:** These fees are cumulative **up to 99 sq. ft. 88.30$ sq. ft. between 100 to 10,000 sq. ft.+0.10$ sq. ft. between 10,001 to 100,000 sq. ft.+0.10$ sq. ft. over 100,000 sq. ft.+0.09$ Expedited Parking Lot Plan Check and Inspection Fee: ** These fees are cumulative **up to 99 sq. ft. 132.45$ sq. ft. between 100 to 10,000 sq. ft.+0.15$ sq. ft. between 10,001 to 100,000 sq. ft.+0.15$ sq. ft. over 100,000 sq. ft.+0.14$ Engineering Plan Review Fee of Building Permit - Commercial or MultifamilyPer Permit 273.20$ Expedited Engineering Plan Review Fee of Building Permit - Commercial or Multifamily409.90$ Engineering Plan Review Fee for Plan Changes to Approved Building Permit Plans - Commercial or Multifamily136.60$ Engineering Plan Review Fee of Building Permit - ResidentialPer Permit 68.50$ Expedited Engineering Plan Review Fee of Building Permit - Residential102.74$ Engineering Plan Review Fee for Plan Changes to Approved Building Permit Plans - Residential34.25$ Final Mapping Certificate of Correction:Subdivision & Parcel Map Improvement Plan Check Fee:
207
14 ENGINEERING & BUILDING (cont.)
ENGINEERING
Lot Line Adjustment Technical ReviewPer Permit 839.00$ Admin Fee for Post Occupancy Deferral Agr.Per Permit 641.00$ Encroachment Permit Issuance FeePer Permit 93.00$ Encroachment Permit Inspection FeePer Hour 107.00$ Encroachment Permit 90 Day Extension FeePer Permit 36.00$ Transportation Permit FeeMoving Heavy Equipment or Machinery Annual Permit 90.00$ Moving Heavy Equipment or Machinery Per Permit 16.00$ Pavement Maintenance FeePer Linear Foot 3.00$ Right of Way Summary Abandonment Requests1,652.50$ Right of Way Standard Abandonment Requests2,752.70$ Landscape & Lighting District Application Fee723.30$ Sanitary Sewer Tax Roll FeePer Permit 115.00$ Special Services Fee/Inspections:Direct Rate (Salary & Benefits) and Indirect RateFees for requested work such as preliminary engineering information, evaluation, calculations, overtime inspection, etc., for proposed development above and beyond the normal engineering services provided as part of the standard project review and inspection. 208
15 ENGINEERING & BUILDING
GRADING PERMIT FEES
Grading Plan Review Fees50 cubic yards (38.2 m3) or less No fee51 to 100 cubic yards (40 to 76.5 m3) 25.80$ 101 to 1,000 cubic yards (77.2 to 764.6 m3)38.80$ 1,001 to 10,000 cubic yards (765.3 to 7,645.5 m3) 53.00$ 10,001 to 100,000 cubic yards (7,646.3 to 76,455 m3) 53.00$ 100,001 to 200,000 cubic yards (76,456 to 152,911 m3) 294.20$ 200,001 cubic yards (152,912 m3) or more 436.10$ Other Fees54.10$ Grading Permit Fees1 to 100 cubic yards (0.76 to 76.5 m3) 84.00$ 101 to 1,000 cubic yards (77.2 to 764.6 m3)84.00$ 1,001 to 10,000 cubic yards (765.3 to 7,645.5 m3) 273.00$ 10,001 to 100,000 cubic yards (7,646.3 to 76,455 m3) 525.00$ 100,001 cubic yards (76,456 m3) or more 2,514.00$ Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed.for the first 10,000 cubic yards (7,645.5 m3), plus $22.00 for each additional 10,000 cubic yards (7,645.5 m3) or fraction thereof.for the first 100,000 cubic yards (76,455 m3), plus $13.00 for each additional 10,000 cubic yards (7,645.5 m3) or fraction thereof.for the first 200,000 cubic yards (152,911 m3), plus $6.50 for each additional 10,000 cubic yards (7,545.5 m3) or fraction thereof.for the first 100 cubic yards (76.5 m3), plus $20.00 for each additional 100 cubic yards (76.5 m3) or fraction thereof.for the first 1,000 cubic yards (764.6 m3), plus $27.00 for each additional 1,000 cubic yards (764.6 m3) or fraction thereof.for the first 10,000 cubic yards (7,645.5 m3), plus $214.00 for each additional 10,000 cubic yards (7,645.5 m3) or fraction thereof.for the first 100,000 cubic yards (76,455 m3), plus $214.00 for each additional 10,000 cubic yards (7,645.5 m3) or fraction thereof. Grading Permit Inspection fees are based on the estimated time required for each corresponding grading tier. Lower grading tier requiring a higher rate of inspection and reduced as grading quantities increase, reflecting economies of scale with increased rates of production. 209
16 PARKS & RECREATION
PICNIC AREAS & SPECIAL USE FEES
Park Name and AddressArbor/Picnic AreaPublic/ GeneralNonprofit-20% of GeneralCommercial +20% of GeneralTablesCapacityElectrical OutletBBQ PitCovered ArborRestroomsPark PremiumArea #1 26$ 21$ 31$ 4 32 1 0 1 0 0.75Area #2 26$ 21$ 31$ 4 32 1 0 1 0 0.75Whole Park** 229$ 183$ 275$ 8 580 2 0 2 0 0.75BlainArea #164$ 51$ 77$ 84010111.23101 S Court St.Area #348$ 38$ 58$ 63200111.2Area #4 70$ 56$ 84$ 8 49 1 0 1 1 1.2Whole Park** 375$ 300$ 450$ 22 500 2 0 3 1 1.2Burke*310 S Burke St.Whole Park**192$ 153$ 230$ 042000001Cherry Meadow*Area #122$ 17$ 26$ 43200100.752348 S Pinkham St.Whole Park**134$ 107$ 161$ 032500100.75Area #1 22$ 18$ 27$ 2 16 0 0 1 0 1Whole Park** 134$ 107$ 161$ 2 180 0 0 1 0 1Fairview*2695 N Conyer St.Whole Park** 365$ 292$ 438$ 0 800 0 0 0 0 1Houk*Area #135$ 28$ 42$ 648000012620 Royal Oaks Dr.Area #2***17$ 13$ 20$ 21600001Whole Park** 134$ 107$ 161$ 0 165 0 0 0 0 1Area #1 22$ 18$ 27$ 1 8 0 0 0 1 0.5Whole Park** 134$ 107$ 161$ 1 250 0 0 0 1 0.5Area #1 89$ 71$ 107$ 2 16 0 0 1 0 1.5Whole Park** 221$ 177$ 266$ 2 300 0 0 1 0 1.5Lincoln Oval*800 N Court St.Whole Park** 134$ 107$ 161$ 0 200 0 0 0 0 0.5Lions*Area #179$ 63$ 94$ 64811101.56500 W FergusonWhole Park**249$ 199$ 298$ 032511101.5Mayors*1551 W Main St.Whole Park**22$ 18$ 27$ 04500000.5Memorial*1550 W Main St.Whole Park** 134$ 107$ 161$ 0 80 1 0 0 0 0.75Miki City*799 W Mineral King Ave.Whole Park** 134$ 107$ 161$ 0 50 0 0 0 0 1Mill Creek Garden*3001 E Mill Creek PkwyWhole Park** 265$ 212$ 318$ 0 580 0 0 0 0 1Perry Family*Area #162$ 49$ 74$ 43211101.54013 S County Center Dr. Whole Park** 300$ 240$ 360$ 4 380 1 1 1 0 1.5Area #1** 163$ 131$ 196$ 20 160 1 1 0 1 1.2Area #2 56$ 45$ 67$ 6 48 1 0 0 1 1.2Area #3 84$ 68$ 101$ 10 80 1 0 0 1 1.2Area #4 70$ 56$ 84$ 6 48 1 1 1 1 1.2Area #5 70$ 56$ 84$ 6 48 1 1 1 1 1.2Area #6 84$ 68$ 101$ 8 64 1 1 1 1 1.2Area #7 56$ 45$ 67$ 6 48 1 0 0 1 1.2Area #8 63$ 50$ 75$ 6 48 0 1 1 1 1.2Area #9*** 29$ 23$ 34$ 3 24 0 0 0 1 1.2Area #10*** 21$ 16$ 25$ 2 16 0 0 0 1 1.2Area #11*** 21$ 16$ 25$ 2 16 0 0 0 1 1.2Area #12 29$ 23$ 34$ 3 24 0 0 0 1 1.2Whole Park** 1,097$ 877$ 1,316$ 78 1400 7 5 4 1 1.2Recreation*Area #135$ 28$ 42$ 64800001345 N Jacob St. Whole Park**210$ 168$ 252$ 643000001 Kiwanis*1301 S McAuliffDaily FeeConstitution*1139 S Crenshaw St. Alejandro Ruiz*639 E Buena Vista Plaza1800 S Plaza Dr.Jefferson*700 S Watson St.
210
17 PARKS & RECREATION (cont.)
PICNIC AREAS & SPECIAL USE FEES
Park Name and AddressArbor/Picnic AreaPublic/ GeneralNonprofit-20% of GeneralCommercial +20% of GeneralTablesCapacityElectrical OutletBBQ PitCovered ArborRestroomsPark PremiumRiverbend*Area #122$ 17$ 26$ 43200100.752534 N Court St. Whole Park**134$ 107$ 161$ 432500100.75Lions Club** 230$ 184$ 277$ 22 176 1 1 1 1 1.5Oak Liquidators 114$ 91$ 137$ 9 72 1 1 1 1 1.5Food 4 Less 114$ 91$ 137$ 9 72 1 1 1 1 1.5Area #4 114$ 91$ 137$ 9 72 1 1 1 1 1.5Area #5 114$ 91$ 137$ 9 72 1 1 1 1 1.5Up to 50 People 51$ 41$ 62$ 0 50 1 0 0 1 1.551-100 People 86$ 68$ 103$ 0 100 1 0 0 1 1.5101-200 people 154$ 123$ 185$ 0 200 1 0 0 1 1.5201-300 people 222$ 178$ 267$ 0 300 1 0 0 1 1.5301-400 people 291$ 233$ 349$ 0 400 1 0 0 1 1.5401-500 people 359$ 288$ 431$ 0 500 1 0 0 1 1.5Rotary*1600 S DivisaderoWhole Park** 134$ 107$ 161$ 0 180 0 0 0 0 0.5Seven Oaks*900 S EdisonArea #1 45$ 36$ 54$ 4 32 0 0 1 0 0.5Whole Park** 418$ 335$ 502$ 4 800 0 0 1 0 0.5Area #1 67$ 54$ 80$ 1 8 0 0 1 0 1Whole Park** 134$ 107$ 161$ 1 290 0 0 1 0 1Stonebrook*1200 W HemlockWhole Park** 365$ 292$ 438$ 0 800 0 0 0 0 1Area #1* 64$ 52$ 77$ 2 16 0 0 0 0 1Whole Park** 172$ 137$ 206$ 2 250 0 0 0 0 1Area #1 64$ 52$ 77$ 3 24 0 0 0 1 1.2Whole Park** 563$ 450$ 675$ 3 1000 0 0 0 1 1.2Village Park*2695 N Conyer St.Whole Park** 134$ 107$ 161$ 0 75 0 0 0 0 0.5Area #1 78$ 62$ 93$ 8 64 1 0 1 1 1.2Area #2 63$ 50$ 75$ 6 48 1 0 1 1 1.2Area #3 63$ 50$ 75$ 6 48 1 0 1 1 1.2All Arbors** 191$ 152$ 229$ 20 160 3 0 3 1 1.2Whole Park** 349$ 279$ 419$ 20 450 3 0 3 1 1.2Willow Glen*5200 W Hurley Ave.Whole Park** 134$ 107$ 161$ 0 290 0 0 0 0 0.75Woodland*Area #1*22$ 17$ 26$ 43200100.751701 N WoodlandWhole Park**145$ 116$ 174$ 439200100.75Up to 50 People 34$ 27$ 41$ 0 50 1 0 0 0 1.251-100 people 62$ 49$ 74$ 0 100 1 0 0 0 1.2101-200 people 116$ 93$ 140$ 0 200 1 0 0 0 1.2201-300 people 171$ 137$ 205$ 0 300 1 0 0 0 1.2301-400 people 226$ 181$ 271$ 0 400 1 0 0 0 1.2Main & Garden Lot 34$ 27$ 41$ 0 50 1 0 0 0 1.2Additional Fees$27$11$32$40$32Direct CostNotesPriority I:Non-Profit Organizations/Schools (Priority II pricing minus 20%)Priority II:General Public & BusinessPriority III:Profit or Commercial Use (Priority II pricing plus 20%)Fees are rounded to nearest $1 incrementTBD by event size & scopeCleaning Deposit - required at locations identified above ** and Special Event rentals**Cleaning deposit required, pricing to be determined by the size and scope of the event.***Park areas are rented Easter weekend only.
Whitendale500 W Beech Riverway - Special Events Promenade** Special Event Use Permit w/ required Park reservation - use of park open space for an event, rentals over capacity of an arbor space, and/or events open to the publicSpecial Event Alcohol Permit w/ Special Event Reservation - distribution or sale of alcohol at an event that has been determined to be a Special Event. Organizer must also obtain any required County or State permits. Excludes events held at Riverway Sports Park Soroptimist*625 E DouglasSummers*247 W Ferguson
*Park reservation requires portable restroom which shall be paid for by the customer.Portable Restroom w/ required Park Arbor Reservation at locations identified above* Riverway Sports Park3611 N Dinuba Blvd.
Garden Street Plaza*,**300 E Main St.Park Staff Fee - required when staff must perform tasks specifically for reservation e.g. unlocking drop gate, marking irrigation for turf accessSunset5743 W Lisendra Dr.Alcohol Permit w/ required Park Arbor Reservation - not permitted at Riverway Sports ParkAmusement Permit w/ required Park Arbor Reservation - only allowed in specific park areas 211
18 PARKS & RECREATION (cont.)
INDOOR FACILITY FEES
Facility RoomSeating CapacityCapacity $0.35 /personLabor Cost per hourPrivateNon-Profit -20%Commercial +20%Room A 40 14.00$ 19.16$ 33.00$ 26.50$ 39.50$ Dance Room 20 7.00$ 19.16$ 26.00$ 21.00$ 31.00$ Main Room 200 70.00$ 19.16$ 89.00$ 71.00$ 107.00$ Gymnasium 200 70.00$ 19.16$ 89.00$ 71.00$ 107.00$ Courtyard 85 29.75$ 29.00$ 23.00$ 35.00$ Courtyard must be reserved in conjunction with either Gym or Main RoomGymnasium 200 70.00$ 19.16$ 89.00$ 71.00$ 107.00$ Dance Room 15 5.25$ 19.16$ 24.50$ 19.50$ 29.50$ Craft Room 25 8.75$ 19.16$ 28.00$ 22.50$ 33.50$ Craft Room 30 10.50$ 19.16$ 30.00$ 24.00$ 36.00$ Activity Room 60 21.00$ 19.16$ 40.00$ 32.00$ 48.00$ Main Room 160 56.00$ 19.16$ 75.00$ 60.00$ 90.00$ Patio 50 17.50$ 18.00$ 14.50$ 21.50$ Patio must be reserved in conjunction with Activity RoomWhitendale630 W. BeechMain Room 80 28.00$ 19.16$ 48.00$ 38.50$ 57.50$ Additional FeesDeposit $50 - $1,000 depending on event size, type, and if alcohol will be servedSecurity Direct cost per hour per guard (City will utilize contracted services to arrange security for rentals)Alcohol Permit $25 per event, insurance and security required for all rentals with alcohol Rate Per HourAnthony Community Center345 N Jacob StManuel F. Hernandez Center247 W FergusonVisalia Senior Center310 N Locust 212
19 PARKS & RECREATION (cont.)
ATHLETIC & MISCELLANEOUS FACILITY FEES
Athletic Field RentalsPrivateNon-Profit -20%Commercial+20%Tournaments*Athletic FieldAll Parks - Field Rental $16.50 $13.20 $19.80 $26.00Riverway Sports Park – Special Event Promenade - Athletic Use$33.25 $26.60 $39.90 $52.00Athletic Field Lights Riverway Sports Park - Baseball $19.75 $15.80 $23.70 $31.00Riverway Sports Park - Softball $22.75 $18.20 $27.30 $35.00Riverway Sports Park - Saputo Sports Field $15.50 $12.40 $18.60 $24.00Riverway Sports Park - Soccer Fields $25.75 $20.60 $30.90 $40.00Plaza Park - Ballfields #2 & #3 $25.75 $20.60 $30.90 $40.00Plaza Park - Ballfields #1 & #4 (2 hr minimum) $25.75 $20.60 $30.90 $40.00Jefferson Park - Multifield $25.75 $20.60 $30.90 $40.00Concession StandsAll Parks $103.50 $82.80 $124.20Additional FeesDeposit TBD based on size and scope of useField Attendant (2 hour minimum) per hour Direct costJanitorial Services Direct cost + 10% admin feePortable Restroom rental Direct cost + 10% admin feeField Prep by City of Visalia Direct cost + 10% admin feeTournamentsPrivateNon-Profit -20%Commercial+20%Tournaments*Tennis Courts $6.00 $4.80 $7.20 $9.00Pickleball Courts $6.00 $4.80 $7.20 $9.00Outdoor Basketball $6.00 $4.80 $7.20 $9.00Outdoor Volleyball $6.00 $4.80 $7.20 $9.00Horseshoe Pit $16.00 $12.80 $19.20 $25.00Additional FeesSpecial Event Use Permit w/ required facility reservation - $32.00 Special Event Alcohol Permit w/ Special Event Reservation - $40.00 $32.00 DepositTournamentsDistribution or sale of alcohol at an event that has been determined to be a Special Event. Organizer must also obtain any required County or State permits. Excludes events held at Riverway Sports ParkRequired when staff must perform tasks specifically for reservation e.g. unlocking drop gate, marking irrigation for turf access.Use of facility open space for an event, rentals over capacity of an arbor space, and/or events open to the public.Rate per pit per dayTournaments inherently have a greater toll on athletic fields and City amenities in a park. Additional fees will be assessed based on the size and scope of the event. These fees may include requiring the organizer to reserve other park amenities, additional staff to support the influx of park users, janitorial services, trash services, etc. Organizer may be required to provide, at their own cost, additional amenities such as portable restrooms and trash/recycling receptacles and dumpsters; if required organizer must provide proof of receipt before permit is finalized.TBD by size and scope of event Rate per dayTournaments inherently have a greater toll on athletic fields and City amenities in a park. Additional fees will be assessed based on the size and scope of the event. These fees may include requiring the organizer to reserve other park amenities, additional staff to support the influx of park users, janitorial services, trash services, etc. Organizer may be required to provide, at their own cost, additional amenities such as portable restrooms and trash/recycling receptacles and dumpsters; if required organizer must provide proof of receipt before permit is finalized.Rate per hour per court Rate per hour per field
Park Athletic CourtsCourtPark Staff Fee
213
20 PARKS & RECREATION (cont.)
ATHLETIC & MISCELLANEOUS FACILITY FEES
Miscellaneous FacilitiesPrivateNon-Profit -20%Commercial+20%Dog Park* at Plaza Park and Seven Oaks Park $207.75 $166.20 $249.30$207.75 $166.20 $249.30$207.75 $166.20 $249.30$103.75 $83.00 $124.50Special Event Use Permit w/ required facility reservation - $32.00 Special Event Alcohol Permit w/ Special Event Reservation - $40.00 $32.00 Pool Rentals – 2 hour minimum rental, $100 depositPrivateNon-Profit -20%Commercial+20%PrivateNon-Profit -20%Commercial+20%$250.00 $200.00 $300.00 $100.00 $80.00 $120.00$295.00 $236.00 $354.00 $125.00 $100.00 $150.00$340.00 $272.00 $408.00 $150.00 $120.00 $180.00$385.00 $308.00 $462.00 $175.00 $140.00 $210.00$430.00 $344.00 $516.00 $200.00 $160.00 $240.00$475.00 $380.00 $570.00 $225.00 $180.00 $270.00101-150 people151-200 people201+ people Skate Park* at Recreation ParkDisc Golf Course at Seven Oaks Park*Requires Parks & Recreation Commission authority to close facility for private or special event use.26-60 peopleTBD by size and scope of eventUse of facility open space for an event, rentals over capacity of an arbor space, and/or events open to the public.Distribution or sale of alcohol at an event that has been determined to be a Special Event. Organizer must also obtain any required County or State permits. Excludes events held at Riverway Sports ParkAmount of Guests 1-25 people61-100 people Park Staff FeeDepositCost for first two hours Cost per additional hourRequired when staff must perform tasks specifically for reservation e.g. unlocking drop gate, marking irrigation for turf access.Additional FeesTrailsRate per day 214
21 PLANNING & COMMUNITY PRESERVATION
PLANNING
Administrative Adjustment182.00$ Administrative AdjustmentAdult-Oriented Business 268.00$ Performer Permit Application Fee1,797.00$ Regulatory Permit Application Fee268.00$ Performer Permit - Renewal Fee268.00$ Regulatory Permit - Renewal FeeAgricultural Preserve2,567.00$ Disestablishment853.00$ New Contract170.00$ Notice of Full Nonrenewal680.00$ Notice of Partial Nonrenewal4,278.00$ CancellationTime & Materials Easement ExchangeAnnexation2,889.00$ Amendment to Pre-Annexation Agreement5,781.00$ Up to 15 acres10,440.00$ Over 15 acres and up to 50 acres15,067.00$ Over 50 acres up to 100 acres18,843.00$ Over 100 acres plus … Applicants also pay fees adopted by LAFCO and State Board of Equalization FeesAppeal641.00$ Appeal of Planning Commission action to City Council or Appeal of Site Plan Review (SPR)Building Permit Plan Application Review19.70$ Per Permit for Residential, Multifamily, Commercial 19.70$ Per Permit for plan changes from Approved Plans 59.20$ Expedited Plan Check (availability dependent upon staffing resources)Certificate of Compliance648.00$ Certificate of ComplianceConditional Use Permit1,682.00$ Minor / Amendment to Approved CUP5,224.00$ Regular / PUD / PRD7,833.00$ Master CUP182.00$ Temporary – Counter299.00$ Temporary – Requiring Site Plan Review555.00$ Temporary – To Planning Commission 215
22 PLANNING & COMMUNITY PRESERVTION (cont.)
PLANNING
Development Agreement5,469.00$ Development Agreement1,750.00$ Amendment to Development AgreementDowntown News Rack Permit39.00$ Newspaper Racks in the Downtown Retail Overlay DistrictENVIRONMENTAL APPLICATIONSCategorical Exemption89.00$ Categorical ExemptionEnvironmental Impact Report (EIR) 7 1/2% of Contract Processing Fee Actual Cost + 10% contract City Managed Consultant WorkEnvironmental Notices172.00$ Environmental Notices per year; renewal needed each yearFinding of Consistency277.00$ Finding of ConsistencyInitial Study / Negative Declaration or Mitigated Negative Declaration276.00$ Review of Technical Study929.00$ Simple3,499.00$ ComplexNEPA Environmental Review929.00$ Simple4,662.00$ Complex General Plan Amendment2,984.00$ Simple13,248.00$ ComplexGeneral Plan Maintenance Fee495.00$ Per Acre for New Annexation Paid when LAFCO Approves AnnexationHome Occupation Permit38.00$ Home Occupation Permit-new 19.00$ Home Occupation Permit-change of location 216
23 PLANNING& COMMUNITY PRESERVATION (cont.)
PLANNING
Lot Line Adjustment755.00$ Lot Line Adjustment182.00$ Legal Description Resubmittal (each)Maps9,421.00$ Tentative Subdivision Map9,421.00$ Tentative Parcel Map - Commercial - over 4 lots3,826.00$ Tentative Parcel Map - 4 lots or lessNoise Variance182.00$ Administrative2,889.00$ City CouncilSidewalk Outdoor Dining Permit85.00$ Sidewalk/Outdoor Dining PermitSpecific Plan15,676.00$ Commercial / ResidentialSpecific Plan Amendment6,623.00$ Commercial / Residential AmendmentSubdivision Sign Program58.00$ AmendmentZoning Text Amendment4,848.00$ Text AmendmentTime Extension277.00$ Time ExtensionVariance 1,067.00$ Single Family – No Site Plan1,808.00$ Single Family3,394.00$ OtherZone Change4,848.00$ Change of Zone832.00$ Conditional Zone Agreement2,421.00$ Amendment to Conditional Zone Agreement 217
24 PLANNING & COMMUNITY PRESERVATION (cont.)
PLANNING
OTHER ADMINISTRATIVE FEESCopies (per page) - Citywide Fee0.20$ Single-sided0.25$ Double-sided0.25$ Legal0.30$ Legal double-sided1.00$ Color Letter/Legal Size2.00$ Color 11X17 5.00$ Black and White 24 X 36 1.00$ Micro ficheDocuments41.00$ Zoning Verification Letters & Burn Letters88.00$ 300' Radius Map and LabelsSpecial Services Fee/Inspections Direct Rate (Salary& Benefits) and Indirect Rate - Per Hour 218
25 PLANNING & COMMUNITY PRESERVATION (cont.)
CODE ENFORCEMENT
Inspection Fee142.00$ Per HourFines100.00$ Each First Violation200.00$ Each Second Violation of same within one year500.00$ Each Third and Each Additional Violation of same within one yearAppeal Fee100.00$ Each Appeal of Administrative Enforcement OrderAdministrative Hearing Fee100.00$ Each Administrative Appeal HearingAbandoned Shopping Cart Violation50.00$ Each Occurance in excess of 3 times during a 6-month periodSpecial Events Application Fee93.00$ Per Event 219
26 FIRE
SPECIAL SERVICES241.39$ Per Incident False Alarm15.00$ Per Permit Fire Alarm Permit15.00$ Per Fiscal Year Annual Fire Alarm Permit Renewal101.06$ Per HourWeed Abatement (Administrative Fee)Actual Cost Per Lien Lien Releases0.20$ Per Page Fire Reports - Single Sided/Copies - Citywide0.25$ Per Page Fire Reports - Double Sided/Copies - Citywide8.00$ Per Disk Copy of Compact Disk Containing Photographs303.18$ Per Nuisance Declaration of Public Nuisance - Includes 3 Hours101.06$ Per Hour Declaration of Public Nuisance - Each Additional Hour252.48$ Per Year Firework Stand Permit151.62$ Per Incident Lift Assist at For Profit Residential Facility and For Profit Services**5 Lift Assists per year at no chargeCOST RECOVERY PROGRAMActual Cost Per Hr/Per Fire Staff Specialty Teams-Suppression Teams Actual Cost Per Hr/Per Fire Insp Fire Inspector - InspectionsEQUIPMENT81.53$ Per Hour Hazardous Materials Unit100.49$ Per Hour Engine/Pumper (FEMA Schedule)149.92$ Per Hour Fire Truck/75 Foot Aerial Ladder (FEMA Schedule)220.55$ Per Hour Fire Truck/100 Foot Aerial Ladder (FEMA Schedule)13.33$ Per Hour City Vehicle81.53$ Per Hour Rescue Trailer/TruckTRAINING CENTER FACILITY RENTAL33.18$ Per Hour Classroom (2 hour minimum)133.94$ Per Hour Training Tower/Fire Simulator (Includes Grounds) (2 hour min)33.18$ Per Fire Fire Simulation100.34$ Per Hour Site Operator (Mandatory if using fire prop)67.16$ Per Hour Training Tower/Training Grounds (2 hour minimum)133.94$ Per Hour Vent PropActual Cost Per Sheet Plywood67.16$ Per Hour Drafting Pit (2 hour minimum) 220
27 FIRE (cont.)
ANNUAL OPERATIONAL PERMIT FEES (California Fire Code)No more than three Operational Permits fees will be applied to an individual facility91.02$ Per Year Aerosol Products91.02$ Per Year Amusement Buildings91.02$ Per Year Aviation Facilities 91.02$ Per Year Cellulose Nitrate Film91.02$ Per Year Combustible Dust-Producing Operations91.02$ Per Year Combustible Fibers91.02$ Per YearCovered and Open Mall Buildings91.02$ Per Year Cryogenic Fluids91.02$ Per YearCutting and Welding91.02$ Per Year Dry Cleaning91.02$ Per Year Explosives91.02$ Per YearFacilities with Aggregate Building Area 100,000+ Square Feet91.02$ Per Year Flammable and Combustible Liquids 91.02$ Per Year Floor Finishing91.02$ Per Year Fruit and Crop Ripening91.02$ Per YearFumigation and Insecticidal Fogging 91.02$ Per Year Hazardous Materials91.02$ Per Year HPM Facilities91.02$ Per YearHigh-Piled Storage91.02$ Per Year Hot Work Operations91.02$ Per YearIndustrial Ovens91.02$ Per Year Large Family Residential Day Care (9-14 children)91.02$ Per YearLumber Yards and Woodworking Plants91.02$ Per YearLiquid- or Gas-Fueled Vehicles or Equipment in Assembly Buildings91.02$ Per Year LP-Gas91.02$ Per Year Magnesium91.02$ Per Year Miscellaneous Combustible Storage 91.02$ Per Year Open Flames and Torches91.02$ Per Year Organic Coatings91.02$ Per Year Places of Assembly 91.02$ Per Year Pyroxylin Plastics91.02$ Per Year Refrigeration Equipment91.02$ Per YearRepair Garages and Moter Fuel-Dispensing91.02$ Per Year Rooftop Heliports91.02$ Per Year Spraying or Dipping91.02$ Per Year Storage of Scrap Tires and Tire Byproducts91.02$ Per YearTire-Rebuilding Plants91.02$ Per Year Waste Handling91.02$ Per Year Wood Products29.04$ Per YearOperational Business Safety Inspection (For Businesses without Required Operational Permits)29.04$ Per Re-inspection Commercial Fire Inspections91.02$ Per Inspection New Business License Fire Inspection7.43$ Per Unit Apartment Complex State Mandated Fire Inspection730.59$ Maximum Apartment Complex State Mandated Fire Inspection Max FeeOPERATIONAL PERMIT FEES (Per Event/Activity)91.02$ Per Event Carnivals and Fairs196.55$ Per Event Exhibits and Trade ShowsActual Cost Per Hr/Per Staff Motion Picture and Television Production (CFC Chapter 48, Production Facilities, Pyrotechnics and Special Effects, Live Audiences) 196.55$ Per EventOpen Burning 17.74$ Per EventOpen Flame and Candles91.02$ Per EventPyrotechnic Special Effects Material / Display with a duration not greater than 10 minutes (Fire Department Standby and or Inspection time will be charged upon Fire Marshal's Discretion at Actual Costs) 259.97$ Per Event Pyrotechnic Special Effects Material / Display with a duration greater than 10 mins (Fire Department Standby and or Inspection time will be charged upon Fire Marshal's Discretion at Actual Costs) 147.41$ Per Event Temporary Membrane Structures and Tents (An additional fee shall apply for off hours inspections at Actual Cost of staff time)ADDITIONAL INSPECTIONS MANDATED BY STATE LAWStandard Hourly Fee for Inspectors and/or equipment Permits, as listed in Section 105.8 of the Uniform Fire Code, 2001Ed. (adopted by City Council), for engaging in the following activities, operations, practices or functions. 221
28 POLICE
FALSE ALARM ORDINANCE:17.40$ Per PermitBurglar Alarm Permit17.40$ Per YearAnnual Permit RenewalNo Charge EachFirst False alarm call per fiscal year35.00$ EachFalse alarm 2 occurring per fiscal year50.00$ EachFalse alarm 3 occurring per fiscal year65.00$ EachFalse alarm 4 occurring per fiscal year75.00$ EachFalse alarm 5 occurring per fiscal year90.00$ EachFalse alarm 6 occurring per fiscal year100.00$ EachFalse alarm 7+ occurring per fiscal year4.00$ EachReplace permit or validation stickerCOST RECOVERY PROGRAM:D.U.I. Recovery Fee:126.61$ Per Hr/Per SergeantD.U.I. Incident (Gov Code 53150-53159)106.40$ Per Hr/Per OfficerD.U.I. Incident (Gov Code 53150-53159)Lab Fee:Actual Cost Lab Fee - Blood DrawD.U.I. Incident (Gov Code 53150-53159)Actual Cost Lab Fee - Alcohol AnalysisD.U.I. Incident (Gov Code 53150-53159)Actual Cost Lab Fee - Drug ScreenD.U.I. Incident (Gov Code 53150-53159)Vehicle Release Fee:167.00$ Per VehicleTowed/Stored or Impound Release Fee (CVC 22850.5 & 14602.6)Other Fees:Actual Costs Per Hr/Per OfficerPublic requests for Police staff on special details or projects (rate dependent on rank) Actual CostsPer HourRequests for professional staff services Gov Code 6253 & 6253.9Actual Costs Per ItemTransfer of records onto media (Software/Equipment) Gov Code 6253 & 6253.9106.40$ Per Hr/Per OfficerNuisance Cases and Housing Violations (COVMC 15.44.090)40.00$ Per ReferralOperation Thunderbolt administrative fee19.85$ Per VehicleFix It Ticket processing fee15.00$ Per VehicleRepossession Fee GC 41612PARKING ORDINANCE:40.00$ Per Violation10.16.130 C.O. Green curb-20 minute parking40.00$ Per Violation10.16.140 C.O. One (A), Two (B), Three (C), and Four (D) hour parking40.00$ Per Violation10.16.150 C.O. Not within allotted space40.00$ Per Violation10.16.160 C.O. Diagonal parking/Front wheel within 6" of curb or barrier40.00$ Per Violation10.16.200 C.O. Permit parking40.00$ Per Violation10.16.210 C.O. Commercial vehicle/Over 5,000 lbs. in residential district325.00$ Per Violation10.16.230 C.O. Unlawful handicapped parking40.00$ Per Violation10.16.250A C.O. Red curb-No stopping/No parking40.00$ Per Violation10.16.250B C.O. Yellow curb-Material/Passenger loading40.00$ Per Violation10.16.250C C.O. White curb-Passenger loading /3 min.40.00$ Per ViolationC.V.C. 22500B Parked on crosswalk40.00$ Per ViolationC.V.C. 22500E Parked blocking driveway40.00$ Per ViolationC.V.C. 22500F Parked on sidewalk40.00$ Per ViolationC.V.C. 22500H Double Parked40.00$ Per ViolationC.V.C. 22502A Parked on right within 18" of curb/motorcycle one wheel at curb40.00$ Per ViolationC.V.C.21113 Unlawful parking on public grounds40.00$ Per ViolationOther parking violationDOCUMENT COPIES:10.00$ Per DocumentTraffic Accident Report (20012VC) 13.00$ Per Record CheckAll local criminal history record checks0.10$ Per PageReports - Single Sided/Copies (Evidence Code 1563)0.20$ Per PageReports - Double Sided/Copies (Evidence Code 1563)Actual Costs Depends on Media Type Duplication of Digital Media (All other types) 8.00$ Per CD/DVD Duplication of Digital Media (Photo,Audio,Video Recordings)6.00$ Per SheetColor Prints of Photo 275.00$ Per Subpoena/Per DayCivil Subpoena (Non Sworn) G.C. 68096.1 (b) Amended 1/1/2015275.00$ Per Subpoena/Per DayCivil Subpoena (Requesting Officers, Firefighters, State or Court Employee) G.C. 68097.2 (b)0.10$ Per PageSubpoena Duces Tecum - copy cost0.20$ Per PageSubpoena Duces Tecum - copy from microfiche24.00$ Per HourSubpoena Duces Tecum - clerical cost by $6 1/4 hour increments Evidence Code 1563 (b) (1)Actual Costs Per SubpoenaSubpoena Duces Tecum – reproduction of oversized documents or those requiring special attentionFINGERPRINTING:16.20$ Per ApplicantFinger Printing - Live Scan (Digital) 16.20$ Per ApplicantFinger Printing - Hard Card + tax SPECIAL PERMITS:313.54$ Per PermitRetail Firearms Dealer's Licence Application 169.58$ Per Permit Retail Firearms Dealer's Licence Renewal Application24.32$ Per PermitTaxi Cab Driver permit FRANCHISE FEE:50.00$ Per TowNonexclusive Franchise Fee for Rotational Tow Operators 222
29 PUBLIC WORKS
SIDEWALK & DRIVE APPROACH IMPROVEMENTS
Material, Labor and Overhead Cost: COV Standard150.00$ * Per Linear Foot Barrier Curb & Gutter Type A2-6 C-4150.00$ * Per Linear Foot Barrier Curb & Gutter (Infill & Replacement Only) C-5190.00$ * Per Linear Foot Roll Type Curb & Gutter (Infill & Replacement Only) C-6225.00$ * Per Linear Foot Median Curb Type B1-6, Retaining Curb & Landscaping Curb C-865.00$ * Per Square Foot Sidewalk - Residential with Parkway C-965.00$ * Per Square Foot Sidewalk - Residential Adjacent to Curb C-1070.00$ * Per Square Foot Sidewalk - Office/Commercial C-1111,000.00$ * Per Lump Sum 20' Radius Curb Return with Sidewalk Connection - Detail 1 C-1311,000.00$ * Per Lump Sum 20' Radius Curb Return with Sidewalk Connection - Detail 2 C-1411,000.00$ * Per Lump Sum 20' Radius Curb Return with Sidewalk Connection - Detail 3 C-1511,450.00$ * Per Lump Sum 30' Radius Curb Return with Sidewalk Connection C-1612,350.00$ * Per Lump Sum 35' Radius Curb Return with Sidewalk Connection - Detail 1 C-1712,350.00$ * Per Lump Sum 35' Radius Curb Return with Sidewalk Connection - Detail 2 C-1875.00$ * Per Linear Foot Grind Concrete Sidewalk on Curb D-332.00$ * Per Square Foot Residential Drive Approach C-2236.00$ * Per Square Foot Multi-Family Residential/Office/Commercial Drive Approach C-2350.00$ * Per Square Foot Office/Commercial Drive Approach (Alternative-with Curb Return) C-2435.00$ * Per Square Foot Major Commercial Drive Approach 35' Radius Curb Return C-2635.00$ * Per Square Foot Major Commercial Drive Approach 35' Radius Curb Return Alternative C-2735.00$ * Per Square Foot Major Commercial Drive Approach 20' Radius Curb Return C-2840.00$ * Per Square Foot Major Commercial Drive Approach 20' Radius Curb Return Alternative C-29Administrative:$50 and 10% Adminstrative charge for placing on Tax Roll and interest of 10% compounded annually until balance is paid in full. 223
30 Impact Fees
224
31 PUBLIC FACILITY IMPACT FEES
Land Use / SizeDemand Unit1Civic Center2Corporation YardLibraryTotalResidentialSingle Family Detached Per D. U. $568.00 $93.00 $72.00$733.00Single Family Attached-includes Duplex Per D. U. $573.00 $93.00 $72.00$738.00Multi-Family Per D. U. $504.00 $82.00 $63.00$649.00Mobile Home Per D. U. $392.00 $62.00 $51.00$505.00Commercial / Shopping Centerunder 25,000 sq. ft. gross area Per 1,000 Sq Ft $614.00 $99.00N/A$713.0025,001 to 50,000 sq. ft. gross area Per 1,000 Sq Ft $528.00 $85.00N/A$613.0050,001 to 100,000 sq. ft. gross area Per 1,000 Sq Ft $459.00 $74.00N/A$533.00over 100,000 sq. ft. gross area Per 1,000 Sq Ft $369.00 $59.00N/A$428.00OfficeMedical-Dental Office Per 1,000 Sq Ft $748.00 $120.00N/A$868.00under 25,000 sq. ft. gross area Per 1,000 Sq Ft $765.00 $124.00N/A$889.0025,001 to 50,000 sq. ft. gross area Per 1,000 Sq Ft $722.00 $116.00N/A$838.0050,001 to 100,000 sq. ft. gross area Per 1,000 Sq Ft $683.00 $112.00N/A$795.00IndustrialBusiness Park Per 1,000 Sq Ft $584.00 $95.00N/A$679.00Mini-Warehouse Per 1,000 Sq Ft $7.42 $1.24N/A$8.66Warehousing Per 1,000 Sq Ft $235.00 $41.00N/A$276.00Manufacturing Per 1,000 Sq Ft $334.00 $54.00N/A$388.00Light Industrial Per 1,000 Sq Ft $425.00 $67.00N/A$492.00Other NonresidentialNursing Home Per Bed $65.00 $9.50N/A$74.50Hospital Per 1,000 Sq Ft $624.00 $100.00N/A$724.00Day Care Per Student $32.18 $3.71N/A$35.89High School Per Student $13.62 $2.47N/A$16.09Elementary School Per Student $13.62 $2.47N/A$16.09Lodging Per Room $131.00 $18.00N/A$149.001 D.U. = dwelling units2 Impact fees for the civic center include both the administrative building and parking structure. 225
32 PUBLIC SAFETY IMPACT FEES
LAND USE DESIGNATIONZONINGFIRE PROTECTION FACILITIESPOLICE FACILITIESRESIDENTIALPer Gross Acre Per Gross AcreRural RA $2,437.00 $352.00Low Density RLD $2,437.00 $2,229.00Medium Density RMD $2,437.00 $5,621.00High Density RHD $2,437.00 $9,564.00COMMERCIALConvenience Center CC $2,437.00 $11,142.00Neighborhood Center CN $2,437.00 $11,142.00Shopping/Office Center CSO $2,437.00 $11,142.00Community Center CCM $2,437.00 $11,142.00Central Business District CDT $2,437.00 $11,142.00Regional Center CR $2,437.00 $11,142.00Highway CH $2,437.00 $3,418.00Service CS $2,437.00 $2,704.00OFFICEProfessional/ AdministrationPAO$2,437.00$4,533.00Business Research ParkBRP$2,437.00$4,533.00INDUSTRIALLight Industrial IL $2,437.00 $325.00Heavy Industrial IH $2,437.00 $325.00PUBLIC / INSTITUTIONALPublic / Institutional PI $2,437.00 $1,287.00PARKSParks PARK $2,437.00 $385.00AGRICULTUREAgriculture A $2,437.00 $525.00CONSERVATIONConservation C $2,437.00 $338.00 226
33 GROUNDWATER OVERDRAFT MITIGATION FEE
GROUNDWATER IMPACT FEE
Per Gross Acre $1,663.00NOTE:In lieu of payment of the Groundwater Overdraft Mitigation Fee, and with concurrence of the City, any person seeking to annex property within the City may dedicate water rights to the City. The City, in its sole discretion, shall determine whether such dedication equals in value the amount of the Groundwater Overdraft Mitigation Fee.Per Acre Foot of Water Pumped $20.31NOTE:In lieu of payment of the Groundwater Impact Fee, and with concurrence of the City, all municipal water suppliers providing water service in the City may dedicate water rights to the City. The City, in its sole discretion, shall determine whether such dedication equals in value the amount of the Groundwater Impact Fee. 227
34 NORTHEAST SPECIFIC PLAN AREA DEVELOPMENT FEES
ACQUISITION FEE BY SUBDIVISIONStorm Drainage Per Unit 1,037.00$ Block Walls Per Unit 228.00$ Parkway Landscaping Per Unit 447.00$ Bike Paths Per Unit 82.00$ Total Per Unit 1,794.00$ FEE BY DEVELOPMENTMedians Per Unit 166.00$ Parks Per Unit 229.00$ Financing Costs Per Unit 179.00$ Total Per Unit 574.00$ CITY-WIDE PORTION OF PARK FEEPer Unit 407.00$ NOTE:The"FeebySubdivision"shallbepaidoneachparceloflandintheNortheastSpecific Plan Area prior to the approval of the final subdivision or parcel map. Inthe case where units are to be constructed in previously subdivided areas whichhave not paid the unit fee identified as "Fee by Subdivision" above, the balance ofthe total unit fee shall be collected at the time of development.In the event that a property develops with a non-residential use, the unit feeequivalent shall be calculated for that property and collected at the time ofsubdivision and building permits as appropriate.The City-wide portion of the Park Fee is in addition to the Parks "Fee byDevelopment" and shall be paid on each allowable dwelling unit at the sametime the "Fee by Subdivision" is due.The unit fee shall be adjusted annually by City Council based on an amount equal to the change in the Engineering News Record Construction Cost Index for improvement development costs. 228
35 PARK ACQUISITION & DEVELOPMENT IMPACT FEES
ACQUISITION DEVELOPMENTSingle-Family Per Unit 2,002.00$ 2,704.00$ Multi-Family Per Unit 1,762.00$ 2,379.00$ Mobile Home Per Unit 1,372.00$ 1,851.00$ NOTE:The Acquisition Fee shall be paid on each allowable dwelling unit prior to the approval of the final subdivision or parcel map. Where no final subdivision or parcel map is recorded prior to issuance of a building permit for a residential development, the Acquisition Fee shall be paid at the time of issuance of the building permit or permits according to the Acquisition Fee schedule in effect at the time of issuance of such building permits. [7062(a)]The Development Fee shall be paid at the time of issuance of a building permit or permits according to the Development Fee schedule in effect at the time of issuance of such building permits. [7062(a)]Prior Vested Tentative Maps and Projects with existing Reimbursement Agreements will continue to be assessed per Resolution 08-32. 229
36 PARKING IN-LIEU
5,827.00$ Per Parking StallThe Parking In-Lieu Fee is an optional program for new or expanding businesses within the Central Business District Parking Zones to meet Zoning Ordinance on-site parking requirement by paying the Parking In-Lieu Fee in-lieu of providing on-site parking with new development. The Parking In-Lieu “change in use” fees for projects in the Parcel Based Improvement District’s (PBID) boundaries of Zone One and Zone Two have been suspended as July 14, 2008, subject to the PBID making timely payments to the City’s Central Business District Parking Zones Parking In-lieu Fund.For the Central Business District boundaries, please refer to the Parking Districts Zone Map on our website at http://geodata.visalia.city/pages/standard-mapsFor the Parcel Based Improvement District's, please refer to the PBID Boundaries and DT Visalians Map on our website at http://geodata.visalia.city/pages/standard-maps 230
37 STORM DRAINAGE & WATERWAYS IMPACT FEES
ACQUISITION FEEDEVELOPMENT FEETOTAL FEEWATERWAY ACQUISITION FEERESIDENTIALPer Gross AcreRural 20 1,882.00$ 210.00$ 2,092.00$ 1,532.00$ Low Density 43 4,042.00$ 448.00$ 4,490.00$ 3,300.00$ Medium Density 70 6,582.00$ 731.00$ 7,313.00$ 5,371.00$ High Density 80 7,522.00$ 833.00$ 8,355.00$ 6,138.00$ COMMERCIALConvenience Center 95 8,936.00$ 994.00$ 9,930.00$ 7,285.00$ Neighborhood Center 85 7,995.00$ 887.00$ 8,882.00$ 6,521.00$ Shopping/Office Center 80 7,522.00$ 833.00$ 8,355.00$ 6,138.00$ Community Center 75 7,053.00$ 784.00$ 7,837.00$ 5,753.00$ Central Business District 95 8,936.00$ 994.00$ 9,930.00$ 7,285.00$ Regional Center 90 8,464.00$ 940.00$ 9,404.00$ 6,905.00$ Highway 95 8,936.00$ 994.00$ 9,930.00$ 7,285.00$ Service 95 8,936.00$ 994.00$ 9,930.00$ 7,285.00$ Professional/ Administration70 6,582.00$ 731.00$ 7,313.00$ 5,371.00$ PUBLIC /INSTITUTIONAL60 5,645.00$ 628.00$ 6,273.00$ 4,601.00$ INDUSTRIALOutside Industrial ParkLight Industrial 80 10,031.00$ 1,113.00$ 11,144.00$ 8,183.00$ Heavy Industrial 90 11,284.00$ 1,253.00$ 12,537.00$ 9,203.00$ Industrial ParkN/A 1,758.00$ 196.00$ 1,954.00$ 1,433.00$ NOTE:
PERCENT IMPERVIOUSLAND USE
The Acquisition Fee shall be paid on each parcel of land within the 2020 Urban Development Boundary prior to the approval of the final subdivision or parcel map. When no final subdivision or parcel map is submitted for approval prior to the commencement of the work of any development on each parcel of land, the Acquisition Fee shall be paid prior to the commencement of the work of any development thereon.The Development Fee shall be paid on each parcel of land prior to the commencement of the work of any development thereon. 231
38 STORM DRAINAGE IMPACT FEES
CREDITS
PIPE NON-URBANIZED URBANIZED*18" Per Linear Foot 90.00$ (RCP) 121.00$ 24" Per Linear Foot 117.00$ (RCP) 156.00$ 27" Per Linear Foot 132.00$ (RCP) 186.00$ 30" Per Linear Foot 103.00$ (CIP) 144.00$ 36" Per Linear Foot 120.00$ (CIP) 167.00$ 42" Per Linear Foot 141.00$ (CIP) 197.00$ 48" Per Linear Foot 159.00$ (CIP) 223.00$ 54" Per Linear Foot 186.00$ (CIP) 250.00$ 60" Per Linear Foot 200.00$ (CIP) 280.00$ 72" Per Linear Foot 238.00$ (CIP) 335.00$ RCP: Re-enforced concrete pipe (with rubber gaskets) CIP: Cast-in-place concrete pipeMISCELLANEOUSBasin Excavation 4.80$ Channel Excavation 11.70$ Pump Station 81,863.70$ The above unit costs and lump sum costs for pipe, excavation, and pump stations have a twenty percent (20%) add-on to the construction costs to cover engineering design and contingencies.* Urbanized unit costs are guideline numbers only. Values may vary up or down depending on the individual situations regarding pavement replacement requirements and conflicts with utilities and other improvements.
DIAMETER (inches)
232
39 TRANSPORTATION IMPACT FEES
RESIDENTIAL UNITSingle Family Dwelling Unit 7,590.00$ Multi-family Dwelling Unit 5,330.00$ Senior / Assisted Dwelling Unit 2,762.00$ COMMERCIAL General Retail (<125,000 sq. ft.) 1,000 sq. ft. 18,735.00$ (>125,000 sq. ft.) 1,000 sq. ft. 12,496.00$ Hotel / Motel Per Room 3,321.00$ Gasoline Service Station** the following fees are cumulative1st - 4th Per Position 34,081.00$ 5th - 8th Per Position 25,560.00$ 9th - 12th Per Position 19,172.00$ 13th - beyond Per Position 14,377.00$ Note: Infill commercial projects may be eligible for reduced fee, see Infill Credit PolicyOFFICEGeneral Office Per 1,000 sq. ft. 8,373.00$ Medical / Dental Office Per 1,000 sq. ft. 20,416.00$ Government Office Per 1,000 sq. ft. 36,129.00$ Note: Infill office projects may be eligible for reduced fee, see Infill Credit PolicyINDUSTRIALIndustrial / Service Commercial Per 1,000 sq. ft. 2,616.00$ Warehouse / Distribution (0-20 KSF) Per 1,000 sq. ft. 2,388.00$ (20-100 KSF) Per 1,000 sq. ft. 1,771.00$ (100+ KSF) Per 1,000 sq. ft. 1,155.00$ Mini-Storage Per 1,000 sq. ft. 1,228.00$ INSTITUTIONALSchool Per 1,000 sq. ft. 5,717.00$ Church Per 1,000 sq. ft. 4,305.00$ NOTE:Prior Vested Tentative Maps and Projects with existing Reimbursement Agreements will continue to be assessed per Resolution 08-32. 233
40 TRANSPORTATION IMPACT FEES (cont.)
Projects that meet the infill criteria:
A reduction in the amount of Transportation Impact Fees will be provided to all Commercial and Office Projects that meet the following criteria:1. The project is in a location where the curb, gutter and sidewalk have been installed in the ultimate alignment.2. The project is seventy-five percent surrounded by existing development that has been in place an average of fifteen years or more.3. Any median islands that are planned on adjacent roadways have been installed.4. The project was inside of the Visalia city limits prior to December 31, 1995.A reduction in the amount of Transportation Impact Fees will be provided to all Projects that meet the following criteria:Projects that meet the infill criteria:1. Receive Transportation Impact Fee reductions not to exceed twenty-five percent of the base fee.2. Are not eligible for reimbursements or credits for any street improvements or repairs that are required by the City as a project condition.
INFILL CREDIT CRITERIA
DOWNTOWN BUSINESS DISTRICT CREDIT3. The City Manager or their designee is authorized to determine whether a project meets the infill criteria.1. The District would be bordered on the north and south by Murray and Mineral King Avenues and on the east and west by Conyer Street and the Tipton Street alignment, respectively.1. Receive Transportation Impact Fee reductions of twenty-five percent of the base fee.2. This credit would be in addition to any "Infill Credit" given above. 234
41 CONNECTION FEES
TREATMENT PLANT CONNECTION CAPACITY CHARGES
RESIDENTIAL Single family, Apartment, Mobile Home Park Per Unit 1,010.00$ COMMERCIALRest HomePer Resident 375.00$ TheaterPer Seat 17.20$ Retail/Small BusinessPer 1,000 sq. ft. 71.00$ OfficePer 1,000 sq. ft. 296.00$ Service StationEach 1,171.00$ Car WashSelf Service Per Stall 3,191.00$ Automatic Each 27,428.00$ BakeryEach 4,676.00$ RestaurantFast Food Each 25,558.00$ Walk-up Each 7,605.00$ Family-type with bar Per Seat 373.00$ Family-type without bar Per Seat 350.00$ Grocery with Garbage Disposal & Fraternal Lodge with KitchenPer 1,000 sq. ft. 334.00$ LaundromatCoin Operated Per Machine 172.00$ Dry Cleaner Each 1,892.00$ Hotel/MotelWith dining facility Per Room 543.00$ Without dining facility Per Room 397.00$ INSTITUTIONALHospitalPer Bed 639.00$ SchoolJr. and Sr. High School Per Student 71.00$ Elementary School Per Student 41.00$ Day Care Per Student 41.00$ ChurchWith kitchen Per Seat 50.00$ Without kitchen Per Seat 16.00$ LIGHT INDUSTRYLight IndustryPer Employee, Per 8-hr shift 55.00$ INDUSTRY Unit Cost x Average Day Peak Month Loadings (from Discharge Permit)Unit Costs:Flow Per Gallon, Per Day, Plus 2.85$ Biochemical Oxygen Demand Per Gallon, Per Day, Plus 352.80$ Suspended Solids Per Pound, Per Day 221.80$ 235
42 CONNECTION FEES
TRUNK LINE CAPACITY CHARGE
RESIDENTIALSingle-Family Per Unit 1,018.00$ Multi-Family Per Unit 574.00$ Mobile Home Park Per Space 639.00$ COMMERCIALCar WashSelf Service Per Stall 1,574.00$ Automatic Each 25,189.00$ Tourist and Trailer Camp Per Space 158.00$ Theater Per Seat 7.40$ Hotel/Motel Per Room 95.00$ Retail/Small Business Per 1,000 sq. ft. 32.00$ Shopping Center Per 1,000 sq. ft. 19.90$ Office Per 1,000 sq. ft. 125.00$ Service Station Each 1,574.00$ RestaurantFast Food Each 5,828.00$ Walk-up Each 1,732.00$ Family-Type without Bar Per Seat 78.00$ Family-Type with Bar Per Seat 84.00$ Laundromat Per Machine 78.00$ INSTITUTIONALHospitalPer Bed 394.00$ SchoolJr. and Sr. High School Per Student 41.00$ Elementary School Per Student 19.90$ ChurchChurch without Kitchen Per Seat 7.40$ Church with Kitchen Per Seat 9.80$ LIGHT INDUSTRYPer 1,000 sq. ft. 32.00$ INDUSTRYOutside Industrial Park Per Gallon, Per Day (peak flow) 1.24$ Inside Industrial Park Per Gallon, Per Day (peak flow) 1.24$ 236
43 Enterprise Fees
237
44 AIRPORT
Heavy Appliance Electricity Surcharge Per Month 47.00$ Overnight parking - Single Per Night 10.00$ Overnight parking – TwinPer Night 12.00$ Overnight parking - Jet Per Night 30.00$ Landing fee (Commercial only) Max. gross landing weightPer 1,000 lbs. 0.85$ Fuel Flowage/Tank Owner Customers Per Gallon0.10$ Fuel Flowage/Commercial Customers Per Gallon0.05$ Bulk Fuel Price Below Truck Price Per Gallon 0.40$ Into-Plane Rate Per Gallon 1.25$ Into-Plane Rate/EPIC Contract Fuel Per Gallon 1.15$ Commercial Operator's Permit Per Month 136.00$ Battery starts Per Start 10.00$ West side ramp Per Half Day 119.50$ West side ramp Per Day 216.00$ Conference room rental Per Hour 36.00$ Conference room rental Per Half Day 112.00$ Conference room rental Per Day 196.00$ Gate card replacement feePer Key 25.00$ Hangar waiting list depositPer Space 500.00$ Airport Sewer Connection Fee Per Service 13,500.00$ The airport has the following types of agreements: hangar, tiedown, land, and facilities. The hangar and tiedown agreements have specific rental rate adjustments, based on the CPI, which were approved by Council in April 1993 and again in June 1994. 238
45 ANIMAL SERVICES
City of Visalia License FeesDogs Altered Dog 1 Year License $18.002 Year License $28.003 Year License $43.00Unaltered Dog 1 Year License $88.002 Year License $140.003 Year License $211.00Cats Altered Cat 1 Year License $8.002 Year License $12.003 Year License $19.00Unaltered Cat 1 Year License $28.002 Year License $44.003 Year License $67.00Replacement Tag $7.00Kennel Permit Maximum of 10 animals $100.00Breeders Permit Maximum of 2 litters per year $319.00Late Penalty Fee Late license for dogs & cats $25.00Late Penalty Fee No license for dogs & cats $25.00Animal Control FeesVicious Hearing Actual CostOwner Request Pick Up $70.001st Return to Owner of Animal Licensed with COV No ChargeReturn to Owner - All Other $70.00Emergency After Hours Pick Up $200.00Chemical Immobilization $64.00Lab Services (Rabies) $127.00Excessive Unfounded Complaints Actual CostTrap Rental Deposit $59.00Weekly Trap Rental Fee $15.00Cat Spay and Neuter - Program fee $10.00All Other Spay/Neuter Actual CostShelter Related Fees1st Impound$37.002nd Impound$64.003rd Impound$107.001st Impound - Civil Penalty$35.002nd Impound - Civil Penalty$50.003rd Impound - Civil Penalty$100.00Daily Boarding Fee $20.00Kennel Quarantine Fee $140.00Owner Surrender Fee $77.00Litter Surrender - weened < 3months (1-3 animals) $77.00Litter Surrender - weened < 3months (4+, each additonal) $20.00Euthanasia Fee $71.00Cremation Fee $98.00DOA Disposal Fee $60.00MiscellaneousRabies Vaccination $16.00DHPP/FVRCP Vaccination $16.00Bordatella Vaccination $16.00Microchip Fee $26.00E Collar Fee $10.00Engraved Dog Tag $8.00AdoptionsMale Dog $155.00Female Dog $166.00Male Cat $83.00Female Cat $94.00Rabbit/ Large Reptile $15.00Guinea pig $10.00Small Mammal/ Reptile $5.00Bird $10.00Livestock $100.00 239
46 BUILDING PERMIT FEES
RESIDENTIAL
Plan Check FeeFire Plan Check FeeInspection Fee Total FeeRESIDENTIAL MASTER PLANSMaster Plans = Single Family / Multi-Family / ADU (Accessory Dwelling Units)0 to 1,750 sq. ft. Per Sq. Ft. 0.59$ 0.10$ -$ 0.69$ 1,751 sq. ft. and over Per Sq. Ft. 0.48$ 0.06$ -$ 0.54$ Reversed Plans - 50% of the above feesNEW RESIDENTIALTract / Production Dwelling / ADU (Accessory Dwelling Units)0 to 1,750 sq. ft. Per Sq. Ft. 0.12$ -$ 1.06$ 1.18$ 1,751 sq. ft. and over Per Sq. Ft. 0.12$ -$ 0.79$ 0.91$ Custom Dwelling / ADU (Accessory Dwelling Units) Per Sq. Ft. 0.69$ 0.10$ 1.29$ 2.08$ TEMPORARY SALES OFFICE / MODEL HOME / SALES TRAILER / CONSTRUCTION TRAILERMinimum fee required Each 60.80$ -$ 157.00$ 217.80$ Per Sq. Ft. 0.69$ -$ 1.07$ 1.76$ RESIDENTIAL REMODEL, ADDITIONS, GAME ROOMS & POOL HOUSESThe following fees are cumulative and included in the permit: plumbing, mechanical and electrical Minimum fee required Each 121.60$ -$ 157.00$ 278.60$ 0 to 500 sq. ft. Per Sq. Ft. 0.59$ -$ 1.29$ 1.88$ 501 and over Per Sq. Ft. 0.32$ -$ 0.64$ 0.96$ NEW PATIO COVERS, CARPORTS & MISC. RESIDENTIAL STRUCTURESGarage or Detached Building or Storage Per Sq. Ft. 0.31$ -$ 0.76$ 1.07$ Wood Patio or Carport or Raised Decks or Balconies Each 30.20$ -$ 313.90$ 344.10$ Manufactured Aluminum Carport or Patio Each 30.20$ -$ 157.00$ 187.20$ SWIMMING POOLS & SPASThe following fees are included in the permit: plumbing, mechanical and electrical Swimming pool & Spa Each 151.90$ -$ 313.90$ 465.80$ Swimming pool & Spa with heater or gas line Each 151.90$ -$ 423.60$ 575.50$ Above-ground pool Each 60.80$ -$ 78.40$ 139.20$ RE-ROOFINGResidential Simple roof overlay Each -$ -$ 120.69$ 120.69$ Re-roof with sheathing Each -$ -$ 159.94$ 159.94$ Structural with calculations Each 60.80$ -$ 159.94$ 220.74$ Commercial / Multi-FamilySimple roof overlay up to 7,500 sq. ft. Each -$ -$ 156.92$ 156.92$ Simple roof overlay 7,501 to 15,000 sq. ft. Each -$ -$ 313.81$ 313.81$ Simple roof overlay 15,001 to 150,000 sq. ft. Each -$ -$ 470.72$ 470.72$ Re-roof with sheathing up to 7,500 sq. ft. Each -$ -$ 313.81$ 313.81$ Re-roof with sheathing 7,501 to 15,000 sq. ft. Each -$ -$ 470.72$ 470.72$ Re-roof with sheathing 15,001 to 150,000 sq. ft. Each -$ -$ 706.00$ 706.00$ Structural with calculations up to 15,000 sq. ft. Each 60.80$ -$ 470.72$ 531.52$ Structural with calculations 15,001 to 150,000 sq. ft. Each 121.60$ -$ 706.00$ 827.60$ RELOCATION / MOVING OF BUILDINGApplication for permit Each -$ -$ 418.44$ 418.44$ Residential or Commercial permit Per Sq. Ft. 0.30$ 0.10$ 0.93$ 1.33$ The following fees are cumulative and included in the permit: plumbing, mechanical, electrical and fire sprinkler. Note solar is required at time of submittal and fees will be assessed accordingly.The following fees are cumulative and included in the permit: plumbing, mechanical, electrical and fire sprinkler. Note solar is required at time of submittal and fees will be assessed accordingly. 240
47 BUILDING PERMIT FEES (cont.)
COMMERCIAL
Plan Check FeeFire Plan Check FeeInspection FeeTotal FeeNEW MULTI-FAMILY Production DwellingsDuplex Per Sq. Ft. 0.12$ -$ 1.06$ 1.18$ Triplex/ Fourplex Per Sq. Ft. 0.08$ -$ 1.29$ 1.37$ Apartments / Mobile Home - 0 to 5,000 sq. ft. Per Sq. Ft. 0.06$ -$ 0.77$ 0.83$ Apartments / Mobile Home - 5,001 and over Per Sq. Ft. 0.04$ -$ 0.59$ 0.63$ Non-Production DwellingsDuplex / Triplex / Fourplex Per Sq. Ft. 0.69$ 0.10$ 1.29$ 2.08$ Apartments / Mobile Home - 0 to 5,000 sq. ft. Per Sq. Ft. 0.59$ 0.10$ 0.77$ 1.46$ Apartments / Mobile Home - 5,001 and over Per Sq. Ft. 0.48$ 0.08$ 0.59$ 1.15$ NEW COMMERCIAL - Shell (includes corporate airport hangar)Minimum fee required Each 121.54$ -$ 157.00$ 278.54$ 0 to 5,000 sq. ft. Per Sq. Ft. 0.39$ 0.10$ 0.53$ 1.02$ 5,001 to 10,000 sq. ft. Per Sq. Ft. 0.21$ 0.08$ 0.30$ 0.59$ 10,001 to 50,000 sq. ft. Per Sq. Ft. 0.12$ 0.06$ 0.20$ 0.38$ 50,001 to 100,000 sq. ft. Per Sq. Ft. 0.10$ 0.04$ 0.12$ 0.26$ Over 100,001 sq. ft. Per Sq. Ft. 0.03$ 0.02$ 0.05$ 0.10$ NEW COMMERCIAL - Shell with Interior Improvements (includes Hotels/Motels/Assisted Living)Minimum fee required Each 121.54$ -$ 157.00$ 278.54$ 0 to 5,000 sq. ft. Per Sq. Ft. 0.57$ 0.10$ 0.89$ 1.56$ 5,001 to 10,000 sq. ft. Per Sq. Ft. 0.39$ 0.08$ 0.56$ 1.03$ 10,001 to 50,000 sq. ft. Per Sq. Ft. 0.20$ 0.06$ 0.29$ 0.55$ 50,001 to 100,000 sq. ft. Per Sq. Ft. 0.14$ 0.04$ 0.20$ 0.38$ Over 100,001 sq. ft. Per Sq. Ft. 0.07$ 0.02$ 0.09$ 0.18$ COMMERCIAL ALTERATIONS/TENANT IMPROVEMENTS 0 to 5,000 sq. ft. Per Sq. Ft. 0.39$ 0.10$ 0.65$ 1.14$ 5,001 to 10,000 sq. ft. Per Sq. Ft. 0.18$ 0.08$ 0.31$ 0.57$ 10,001 to 50,000 sq. ft. Per Sq. Ft. 0.05$ 0.06$ 0.10$ 0.21$ 50,001 to 100,000 sq. ft. Per Sq. Ft. 0.04$ 0.04$ 0.10$ 0.18$ Over 100,001 sq. ft. Per Sq. Ft. 0.04$ 0.02$ 0.05$ 0.11$ RACKING SYSTEMS0 to 5,000 sq. ft. Per Sq. Ft. 0.12$ 0.10$ 0.20$ 0.42$ 5,001 to 10,000 sq. ft. Per Sq. Ft. 0.10$ 0.08$ 0.11$ 0.29$ 10,001 to 50,000 sq. ft. Per Sq. Ft. 0.08$ 0.06$ 0.09$ 0.23$ 50,001 to 100,000 sq. ft. Per Sq. Ft. 0.06$ 0.04$ 0.07$ 0.17$ Over 100,001 sq. ft. Per Sq. Ft. 0.04$ 0.02$ 0.05$ 0.11$ NEW MISCELLANEOUS ACCESSORY COMMERCIAL/INDUSTRIAL STRUCTURES/TRASH ENCLOSURES/CARPORTSMinimum fees required Each 60.78$ -$ 156.92$ 217.70$ Per Sq. Ft. 0.51$ -$ 0.93$ 1.44$ Includes Com.Coach - permanent or temporaryFIRE & HOOD SUPPRESSION/ALARM SYSTEM/DETECTION SYSTEM New Sprinkler Systems Minimum -$ 121.60$ 157.00$ 278.60$ 0 to 10,000 sq. ft. Per Sq. Ft. -$ 0.04$ 0.06$ 0.10$ 10,001 to 100,000 sq. ft. Per Sq. Ft. -$ 0.02$ 0.04$ 0.06$ Over 100,001 sq. ft Per Sq. Ft. -$ 0.01$ 0.02$ 0.03$ Sprinkler System Expansion Per Hour -$ 121.60$ 157.00$ 278.60$ sprinkler drops; adding a branch or mainHood Suppression Systems, Fire Alarms, Fire Service Main Systems Per Hour (One Hour Minimum) 121.60$ 157.00$ 278.60$ The following fees are cumulativeThe following fees are cumulativeThe following fees are cumulative and included in the permit: plumbing, mechanical and electrical The following fees are cumulative and included in the permit: plumbing, mechanical, electrical and fire sprinkler. Note solar is required at time of submittal and fees will be assessed accordingly.The following fees are cumulative and included in the permit: plumbing, mechanical, electrical and fire sprinkler. Note solar is required at time of submittal and fees will be assessed accordingly.The following fees are cumulative and included in the permit: plumbing, mechanical, electrical and fire sprinkler. Note solar is required at time of submittal and fees will be assessed accordingly.The fees listed above are cumulative 241
48 BUILDING PERMIT FEES (cont.)
ELECTRICAL
Plan Check FeeInspection Fee Total FeePlan Check fee - 55% of the inspection fee (when applicable)Photovoltaic System - set by Assembly Bill AS1414Residential 1- 15 kilowatts Each 150.00$ 300.00$ 450.00$ Residential for each kilowatt above 15 kw Per Kilowatt 15.00$ 15.00$ Residential 1- 15 kilowatts using SolarApp+ - per Senate Bill SB379 Each 75.00$ 300.00$ 375.00$ Residential for each kilowatt above 15 kw Per Kilowatt 15.00$ 15.00$ Commercial 1- 50 kilowatts Each 400.00$ 600.00$ 1,000.00$ Commercial for each kilowatt between 51kw and 250kw Per Kilowatt 7.00$ 7.00$ Commercial for each kilowatt above 250 kw Per Kilowatt 5.00$ 5.00$ Temporary ElectricalTemporary Power Service Each -$ 157.00$ 157.00$ Temporary Distribution System or Temporary Lighting Each -$ 157.00$ 157.00$ Sales Lots (Christmas tree, pumpkin, etc.) Each -$ 157.00$ 157.00$ Circus and Carnivals Each -$ 235.40$ 235.40$ Power Wall Systems (aka battery storage)Residential Each Dwelling 86.35$ 157.00$ 243.35$ Commercial - including 1 to 2 121.00$ 157.00$ 278.00$ Commercial - including 3 to 6 181.50$ 314.00$ 495.50$ EV Charger SystemsResidential Each Dwelling 61.00$ 157.00$ 218.00$ Commercial - including 1 to 2 chargers 121.00$ 157.00$ 278.00$ Commercial - including 3 to 6 chargers 242.00$ 314.00$ 556.00$ Commercial - Each charger greater than 6 chargers Per Charger 61.00$ 78.00$ 139.00$ Receptacle, Switch, and Light OutletsResidential first 20 fixtures Each -$ 78.40$ 78.40$ Residential over 20 fixtures - each additional fixture Each -$ 1.60$ 1.60$ Commercial first 20 fixtures Each -$ 157.00$ 157.00$ Commercial over 20 fixtures - each additional fixture Each -$ 6.30$ 6.30$ Pole or platform-mounted lighting fixtures Each -$ 157.00$ 157.00$ Non-illuminated monument / pole / wall Each -$ 157.00$ 157.00$ Electrical EquipmentResidential Appliances Each -$ 78.40$ 78.40$ Non-Residential Appliances Each -$ 157.00$ 157.00$ Power Apparatus Each -$ 313.90$ 313.90$ Two to Ten units Each -$ 78.40$ 78.40$ Eleven to Fifty units Each -$ 157.00$ 157.00$ Fifty-one to One Hundred units Each -$ 235.40$ 235.40$ Over One Hundred units Each -$ 392.20$ 392.20$ Busways100 feet or fraction thereof Each -$ 157.00$ 157.00$ Lighting fixtures, motors, or other appliances that are connected to trolley and plug in buswaysEach -$ 78.40$ 78.40$ Electrical Services600 volts or less and not over 400 amperes Each -$ 157.00$ 157.00$ 600 volts or less and over 400 to 1,000 amperes Each -$ 313.90$ 313.90$ Over 600 volts or over 1,000 amperes Each -$ 313.90$ 313.90$ Miscellaneous Electrical For electrical apparatus, conduits, conductors and generators for a which a permit is required but for which no fee is herein set forth. Per Hour -$ 157.00$ 157.00$ Re-Instatement of Electrical Meter Each -$ 157.00$ 157.00$ *Note: For equipment or appliances listed above which have more than one motor, transformer, heater, etc., the sum of the combined ratings may be used.Not exceeding one horsepower (HP) (746W) in each rating. Fixed appliances or receptacle outlets, including wall-mounted electric ovens; counter-mounted cooking tops; electric ranges; console or through-wall air conditioners; space heaters, dishwashers, washing machines; water heaters; clothes dryers, or other motor-operated appliances. For other types; see Power Apparatus.Not exceeding one horsepower (HP), kilowatt (kW) or kilovolt-ampere (kVA) in each rating. Nonresidential appliances and self-contained factory-wired including medical and dental devices; food, beverage and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines or similar types of equipment. For other types; see Power Apparatus.Up to and including one unit. Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment and other apparatus. 242
49 BUILDING PERMIT FEES (cont.)
MECHANICAL
Inspection FeePlan Check fee - 55% of the inspection fee (when applicable)Furnaces and A/C UnitsUp to and including 100,000 BTU's Each 157.00$ Over 100,000 BTU's Each 235.40$ Install or Replace Wall Heater Each 157.00$ Repair of Floor or Wall Heater Each 78.40$ Appliance and VentsRelocation or Replacement of gas appliance Each 78.40$ Relocation or Replacement of an appliance vent Each 78.40$ Exhaust VentilationReplacement of Residential Hoods and Ventilation Fans Each 78.40$ Boilers, Compressors and Absorption SystemsReplace of each boiler or compressor to and including 3 horsepower (10.6kw) Each 157.00$ Replace of each absorption system to and including 100,000 BTU's Each 157.00$ Replace of each boiler or compressor to and including 15 horsepower (52.7kW) Each 235.40$ Replace of each absorption system over 100,000 BTU's and up to 500,000 BTU's Each 235.40$ Repairs or AdditionsRepair or alternation to a heating appliance, refrigeration unit, cooling unit or absorption unit Each 78.40$ Air HandlersFor each air-handling unit, including ducts attached thereof Each 157.00$ For each air-handling unit, including ducts attached thereof over 2,000 cfm Each 235.40$ Evaporative CoolersOther than a portable type ventilation and exhaust Each 78.40$ IncineratorsRelocation or Replace of a domestic type Each 78.40$ Relocation or Replace of a commercial or industrial-type incinerator Each 157.00$ Miscellaneous MechanicalFor mechanical for a which a permit is required but for which no fee is herein set forth. Per Hour 157.00$ Replacement of a forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance.
Note: This fee does not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere. 243
50 BUILDING PERMIT FEES (cont.)
PLUMBING
Inspection FeePlan Check fee - 55% of the inspection fee (when applicable)Fixtures and VentsFor each fixture or trap or set of fixtures on 1 to 4 traps minimum (including water, drainage piping and backflow protection thereof)Each 78.40$ For repair or alteration of drainage or vent piping; each fixture Each 78.40$ Water Heaters and Special AppliancesReplacement of Water Heater or Special Appliances Each 78.40$ Replacement of Water Heater with new gas piping Each 157.00$ Gas Piping SystemsOne to Five Outlets Each 78.40$ Over Five Outlets; each Each 47.10$ Lawn Sprinklers For each lawn sprinkler system on any one meter Each 157.00$ Additional meters for new system listed above Each 78.40$ Repair of existing system Each 78.40$ Protection DevicesBackflow Preventer or Vacuum Breakers ; one to five devices Each 157.00$ Backflow Preventer or Vacuum Breakers over five devices; each Each 78.30$ Atmospheric type vacuum breakers over 2 inches Each 78.40$ WellsInstallation of a New Well Each 470.70$ Demolition of a Well Each 314.00$ Monitoring Well / Demolition of Monitoring Well Each 157.00$ Miscellaneous PlumbingFor plumbing for a which a permit is required but for which no fee is herein set forth.Per Hour157.00$ Re-Instatement of Gas Meter Each 157.00$ SEWERS, DISPOSAL SYSTEMS AND INTERCEPTORSNew Septic Tank & Disposal System (included in fees is a plan check fee of $121.60) Each 435.30$ Replacement of Building Sewer Each 78.40$ Replacement or Repair of building private sewer system Each 313.90$ Replacement or Repair of a industrial waste interceptor; such as carwash or service station Each 157.00$ Replacement or Repair of a kitchen-type interceptor Each 157.00$ Rain Water Systems per drain inside building Each 78.40$ OTHER FEESAddress Change Each 243.00$ Application for Use of Alternate Materials and Methods in Construction Each 486.00$ Building Appeals Board Application Each 607.70$ Duplicate Inspection Card Each 5.90$ Renewal of Expired Permit Each 30.70$ Special Inspections or Temporary Utilities Each 313.90$ Demolition Permit Deposit - refunded after final approval Each 2,000.00$ Temporary Certificate of Occupancy Each 313.90$ Work without Permit Each 2x Permit Fee* At the discretion of the Bldg. Official, fee rates may be adjusted, when special circumstances are found to exist, to reflect the actual cost of service 244
51 BUILDING PERMIT FEES (cont.)
Plan Check FeeInspection Fee Total FeeDEMOLITIONWhen not included as part of a tenant improvementAll demolition permits require a $2,000 deposit except Pool Demo. Deposits are refunded after final approvalDemolition Each - when applicable 121.60$ 157.00$ 278.60$ FENCE / MASONRY / RETAINING WALLS Wood FenceRequired - No Charge Per Municipal Code-$ -$ Masonry or Retaining Walls0 to 50 linear ft. and over 4 ft. tall Each 60.80$ 157.00$ 217.80$ over 50 linear ft. and over 4 ft. tall - each add'l 50 ft. Each 12.20$ 78.40$ 90.60$ AWNINGSAwnings Each 30.20$ 78.40$ 108.60$ SIGNSReface or Repaint Each 30.20$ 48.20$ 78.40$ Non-illuminated monument / pole / wall Each 30.20$ 157.00$ 187.20$ each additional branch circuit (for existing signs only) Each -$ 78.50$ 78.50$ Illuminated monument / pole / wall Each 30.20$ 235.40$ 265.60$ each additional branch circuit Each -$ 117.70$ 117.70$ OTHER PLAN CHECK FEESPlan Check Reviews in excess of submittal and two re-check reviews Each 364.60$ -$ 364.60$ Approving Lost Plans Each 121.60$ -$ 121.60$ Lost Truss Calculations or Energy Calculations Each 121.60$ -$ 121.60$ Changes or Deviation from Approved Plans Per Hour 121.60$ -$ 121.60$ Expedited Plan Check Fee* Of Original Fee 150% N/A 150%*Availability dependent upon staffing resourcesOTHER INSPECTION FEESChanges or Deviation from Issued Permit Per Hour -$ 157.00$ 157.00$ Re-Inspection fee Each -$ 209.20$ 209.20$ Code Compliance: First Time Home Buyer or Residential Inspection Each -$ 209.20$ 209.20$ Damage Report Each -$ 209.20$ 209.20$ Expedited Overtime Inspection Fee (two (2) hr minimum)* Per Hour -$ 116.20$ 116.20$ *Availability dependent upon staffing resourcesSTRONG MOTION TABLE as set by State Residential (3 stories or less) Per $1,000 Valuation 0.13$ Commercial and All Other Building Construction Per $1,000 Valuation 0.28$ CA BLDG STANDARDS ADMIN FEE (CBSC Fee) as set by StatePer $25,000 Valuation or Fraction Thereof1.00$ PLAN CHECK FEES ARE DUE AT TIME OF PLAN SUBMITTAL 245
52 ELEVATOR PERMIT FEES
NEW INSTALLATIONSUp to and including $10,000.00 of valuation 22.00$ Over $10,000 of valuation* 22.00$ * plus $1.50 for each $1,000.00 or fraction thereof over $10,000.00Includes dumbwaiter or private residence elevators and multi-story residential buildings not serving more than two (2) units and not accessible to the public 246
53 CONSTRUCTION & DEMOLITION PERMIT FEES
NEW RESIDENTIALTract Single Family Dwelling$151.23Custom Single Family Dwelling$252.16Multi-Family Dwelling$130.88RESIDENTIAL RENOVATION / REMODELALL Bathroom/Kitchen remodel/renovations$151.23Renovation/remodel/addition > 500 sq. ft. and/or $20,000$151.23Fences, carports, patio covers & misc. residential structures (add-ons)$151.23DEMOLITIONDemolition > 500 sq. ft.$504.64COMMERCIALNEW WITH IMPROVEMENTS1,000 to 5,000 sq. ft. $302.625,001 to 10,000 sq. ft.$504.6410,001 to 50,000 sq. ft.$706.3450,001 to 100,000 sq. ft.$908.19Over 100,001 sq. ft.$1,110.05NEW WITHOUT IMPROVEMENTS1,000 to 5,000 sq. ft. $302.625,001 to 10,000 sq. ft.$504.6410,001 to 50,000 sq. ft.$706.3450,001 to 100,000 sq. ft.$908.19Over 100,001 sq. ft.$1,110.05TENANT IMPROVEMENTS1,000 to 5,000 sq. ft. $302.625,001 to 10,000 sq. ft.$504.6410,001 to 50,000 sq. ft.$706.3450,001 to 100,000 sq. ft.$908.19Over 100,001 sq. ft.$1,110.05 247
54 CONVENTION CENTER
FACILITY RENTALExhibit Hall for consumer shows and tradeshows Per Day 6,103.36$ Exhibit Hall for consumer shows & tradeshows for move-in/out & turnaround resetPer Day3,051.68$ Exhibit Hall for non-profit (Friday through Sunday only – Holidays and days of celebration not included)Per Day 3,742.88$ Exhibit Hall for non-profit (Monday through Thursday only – Holidays and days of celebration not included)Per Day 2,917.60$ Exhibit Hall - Standard Commercial Rate Per Day 4,953.78$ Exhibit Hall - Commercial Rate for move in/out & turnaround reset Per Day 2,476.89$ Green Room use Per Day 149.67$ Charter Oak Ballroom for banquet (5:30pm-Midnight Mon-Fri, 3:30pm-Midnight Sat & Sun.) * Per Day 3,017.38$ Charter Oak Ballroom for meeting (6am-4pm Mon-Fri, 6am-2pm Sat & Sun.) * Per Day 1,902.10$ Charter Oak Ballroom ALL-DAY (6am-Midnight Mon-Sun) Per Day 3,971.55$ Charter Oak Ballroom move in/out Per Day 1,506.09$ Charter Oak Ballroom turnaround reset Per Day 947.93$ Charter Oak Ballroom “E” for banquet (5:30pm-Midnight Mon-Fri, 3:30pm-Midnight Sat & Sun.) *Per Day 1,009.26$ Charter Oak Ballroom “E” for meeting (6am-4pm Mon-Fri, 6am-2pm Sat & Sun.) *Per Day 635.07$ Charter Oak Ballroom "E" ALL-DAY (6am-Midnight Mon-Sun) Per Day 1,322.12$ Charter Oak Ballroom “E” move in/out Per Day 502.03$ Charter Oak Ballroom “E” turnaround resetPer Day 317.02$ Charter Oak Ballroom A, B, C or D for banquet (5:30pm-Midnight Mon-Fri, 3:30pm-Midnight Sat & Sun.) *Per Day 502.03$ Charter Oak Ballroom A, B, C, or D for meeting (6am-4pm Mon-Fri, 6am-2pm Sat & Sun.) * Per Day 317.02$ Charter Oak Ballroom A, B, C or D ALL-DAY (6am-Midnight Mon-Sun) Per Day 657.94$ Charter Oak Ballroom A, B, C or D move in/out Per Day 245.30$ Charter OakBallroom A, B, C, or D turnaround reset Per Day 149.67$ San Joaquin Ballroom (6am-4pm or 5:30pm-Midnight Mon-Fri, 6am-2pm or 3:30pm-Midnight Sat & Sun.) *Per Day 1,087.21$ San Joaquin Ballroom ALL-DAY (6am-Midnight Mon-Sun) Per Day 1,622.50$ San Joaquin Ballroom move in/out & turnaround reset Per Day 540.49$ San Joaquin Ballroom A, B, C or D (6am-4pm or 5:30pm-Midnight Mon-Fri, 6am-2pm or 3:30pm-Midnight Sat & Sun.) *Per Day 267.13$ San Joaquin Ballroom A, B, C or D ALL-DAY (6am-Midnight Mon-Sun) Per Day 401.21$ San Joaquin Ballroom A, B, C or D move in/out & turnaround reset Per Day133.04$ Sequoia A or B or Sierra B (6am-4pm Mon-Sun or 5:30pm-Midnight Mon-Sun) * Per Day 267.13$ Sequoia A or B or Sierra B ALL-DAY (6am-Midnight Mon-Sun) Per Day 401.21$ Sequoia A or B or Sierra B move in/out & turnaround reset Per Day 133.04$ Sequoia A & B (6am-4pm Mon-Sun or 5:30pm-Midnight Mon-Sun.) * Per Day 540.49$ Sequoia A & B ALL-DAY (6am-Midnight Mon-Sun) Per Day 808.65$ Sequoia A & B move in/out & turnaround reset Per Day 267.13$ Mineral King / Kaweah A or B or Sierra A (6am-4pm Mon-Sun or 5:30pm-Midnight Mon-Sun.) * Per Day 200.60$ Mineral King / Kaweah A or B or Sierra A ALL-DAY (6am-Midnight Mon-Sun)Per Day300.39$ Mineral King / Kaweah A or B or Sierra A move in/out & turnaround reset Per Day 99.78$ Mineral King / Kaweah A & B (6am-4pm Mon-Sun or 5:30pm-Midnight Mon-Sun.) * Per Day 278.56$ Mineral King / Kaweah A & B ALL-DAY (6am-Midnight Mon-Sun) Per Day 401.21$ Mineral King / Kaweah A & B move in/out & turnaround reset Per Day 139.28$ Kings Canyon (6am-4pm Mon-Sun or 5:30pm-Midnight Mon-Sun.) * Per Day 267.13$ Kings Canyon ALL-DAY (6am-Midnight Mon-Sun) Per Day 401.21$ Kings Canyon move in/out & turnaround reset Per Day 139.28$ Executive Board Room (6am-4pm Mon-Sun or 5:30pm-Midnight Mon-Sun.) *Per Day328.45$ Executive Board Room ALL-DAY(6am-Midnight Mon-Sun) Per Day 490.60$ Executive Board Room move in/out & turnaround reset Per Day 167.34$ Grand Board Room (6am-4pm Mon-Sun or 5:30pm-Midnight Mon-Sun.) *Per Day351.32$ Grand Board Room ALL-DAY (6am-Midnight Mon-Sun) Per Day 518.66$ Grand Board Room move in/out & turnaround reset Per Day 177.74$ Courtyards - Eucalyptus and Plaza Per Day 1,656.80$ Courtyards move in/out & turnaround reset Per Day 830.48$ Lobby AreasLobby (each) registration or pre-function space Per Day 356.51$ Exhibit Lobby for banquets or meetings (6am-4pm Mon-Sun or 5:30pm-Midnight Mon-Sun) * Per Day 813.85$ Exhibit Lobby for banquets/meetings ALL-DAY (6am-Midnight Mon-Sun) Per Day 1,226.49$ To establish a more client friendly rate schedule, the Convention Center will retain the flexibility to provide clients with a package, or all inclusive pricing fees, and the ability to create pilot programs/services with the other members of the hospitality industry.Charges for items other than those specifically listed below will be determined by the City based on the cost of providing those services. 248
55 CONVENTION CENTER (cont.)
FACILITY RENTALKitchen Rental – 2 hour minimumPer Hour 111.22$ Parking lot rental Per Day 1,277.42$ Show Manager’s officePer Day 77.96$ * Limited Occupancy TimesCATERED/CONTRACTED SERVICESBanquet Of Gross Receipts 16%Bar Of Gross Receipts 25%Concessions Of Gross Receipts 25%Break Service Of Gross Receipts 25%Novelties from Commercial Entertainment handled by Concessionaire’s staffOf Gross Receipts 20%Novelties from Commercial Entertainment handled by Convention Center staff Of Gross Receipts 25%STAFF SERVICESSecurity arranged by Convention Center Per Hour/Guard 30.00$ Security Overtime after 8 hours & Holidays Per Hour/Guard 44.00$ Maintenance Per Hour 26.00$ Maintenance Overtime after 8 hours & Holidays Per Hour 39.00$ Technician Per Hour 44.00$ Technician Overtime after 8 hours & Holidays Per Hour 66.00$ Electrician Per Hour 66.00$ Electrician Overtime after 8 hours & Holidays Per Hour 99.00$ Rigging staff Per Hour 108.00$ Rigging staff Overtime after 8 hours & Holidays Per Hour 162.00$ Ticket seller / Ticket Taker / Usher (4 hour min) Per Hour 26.00$ Ticket seller / Ticket Taker / Usher Overtime after 8 hours & Holidays Per Hour 39.00$ Ticket printing Per Ticket 0.30$ Convenience fee (online tickets only) Per Ticket 4.00$ Facility Fee Per Ticket 2.00$ Bollard Removal Limit 4 89.00$ EQUIPMENT RENTALAudio Snake – 100 ft – 8x4 CH - 2nd day 1/2 priceEach/Day 51.97$ Audio Snake – 150 ft – 24x4 CH - 2nd day 1/2 priceEach/Day 80.03$ Audio Connection Fee Each/Day 55.09$ Bicycle Barricades Per Foot 2.08$ Booth Carpet - 10' X 9' Each 121.61$ Compact Disc (CD) Player Each/Day 68.60$ Chandelier - Crystal Small Each/Day 250.50$ Chandelier - Crystal Large Each/Day 311.82$ Chain Hoists (labor extra) Each 50.93$ Chairs Each 3.43$ Chalk Board (4X6) Each/Day 36.38$ City Business License Per Day 28.06$ City License Daily Cap Per Day 724.46$ Clear-Com Base Station Each/Day 80.03$ Clear-Com Head Set Each/Day 28.06$ Coat Rack Each 16.63$ Dance Floor – Per 3' X 3' SectionEach 5.20$ Decorative Columns - 10' Each 39.50$ Display Table with Skirt & Linen Each 19.75$ Drayage Per 100 lbs - 200 lbs minimum Per 100 lbs 75.88$ Dressing Mirror Each 43.65$ Easel Each 17.67$ Electrical per Booth Per Hook-up 47.81$ Electrical - Floor Pockets Per Hook-up 239.06$ Electrical - Main Power Buss Per Hook-up 490.60$ Event Insurance Event Cost + $50 249
56 CONVENTION CENTER (cont.)
EQUIPMENT RENTALExhibit Booth (Deluxe) – 10 x 10 or 8 x 10, 1 table, skirt & linen, 2 chairs, pipe & drapeEach99.78$ Exhibit Booth (Basic) – 10 x 10 or 8 x 10, 1 table, 2 chairs,pipe & drapeEach 71.72$ Exhibit Booth (Table Booth - Deluxe) (1 table/skirt & linen/2 chairs) Each 49.89$ Extension Cord Each 13.51$ Extension Cord replacement Each 33.26$ Flipchart – Pad and 2 MarkersEach 37.42$ Forklift – with Operator (1/2 hour minimum)Per ½ hr65.48$ Forklift/Scissor Lift – with OperatorPer Day 529.05$ Freezer - Mini Portable Per Day 23.91$ Gaffers Tape Each 34.30$ Hot & Cold Box Each/Day 71.72$ HVAC-Exhibit Hall move in/out – 2 hour min.Per Hour 271.28$ Ice Per Pound 0.31$ Laptop Computer Each/Day 144.48$ Power Point Remote Each/Day 28.06$ Lectern (Standard) Each 33.26$ Lighting Gel Per Sheet 13.51$ Linen - Napkins Each/Use 0.37$ Linen - Napkin Replacement Each 9.35$ Linen - Tablecloth Each/Use 4.68$ Linen - Tablecloth Replacement Each 38.46$ Markerboard (2x3) Each 17.67$ Markerboard (4x6) Each 35.34$ Markerboard Markers Each 3.12$ Microphone - Wired Each/Day 36.38$ Microphone - Cable Each/Day 16.63$ Microphone – Wireless LavaliereEach/Day 68.60$ Microphone – Wireless Hand-HeldEach/Day 68.60$ Microphone Stand per Day Each/Day 16.63$ Mirror Ball (w/4 lights) Per Day 278.56$ Multi-Plug Outlet Each 16.63$ Multi-Plug Outlet Replacement Each 49.89$ Piano – GrandEach 289.99$ Piano Tuning upon request Per Tuning 177.74$ Pipe and Drape Per Foot 3.53$ Portable P/A System - small Each Day 451.10$ Portable P/A System - large Each Day 669.37$ AV Table with Power Each/Day 28.06$ Projector Screen – 6x6 or 8x8Each/Day 41.58$ Projector Screen – 10x10 with RiserEach/Day 128.89$ Projector Screen – 9x12 or 10.5x14Each/Day 165.26$ Projector Screen Hung – 9x12 or 10.5x14Each/Day 444.86$ Projector Screen w/ Dress Kit on Floor – 9x12 or 10.5x14Each/Day 278.56$ Radio Replacement Each 869.98$ Risers/Staging (one set of stairs) Per Section 39.50$ Scissor Lift with Operator (1/2 hr. minimum)Per ½ hr65.48$ Scissors Lift with Operator Per Day 529.05$ Skirts – LinenEach 33.26$ Skirt Clips Each 0.83$ Sound Mix Console 4 channel Each/Day 86.27$ Sound Mix Console 8 or 16 channel Each/Day 189.17$ Sound Mix Console 32 channel Each/Day 289.99$ Speakers (Portable) 12" speakers on stands Each/Day 97.70$ Speakers (Monitors) wedge monitors Each/Day 50.93$ Speakerphone Each/Day 121.61$ Spotlight with Operator (2 hours) Each/Day 255.69$ Stanchion with Rope Each/Event 10.39$ Stage Barricades Each (4 ft) 25.99$ 250
57 CONVENTION CENTER (cont.)
EQUIPMENT RENTALTables Each 10.39$ Telephone/Data Line (with usage) Each/Day 88.35$ Theatrical Lighting (Hung) Each 42.62$ Trussing (square tube-10') - Labor Extra 1' x 1' Each 72.76$ VCR or DVD and 47" monitor Each/Day 116.41$ VCR or DVD and 86" monitor Each/Day 214.12$ Video Projector - 3000 to 4,000 lumens Per Day 205.80$ Video Projector - 7000 lumens Per Day 484.36$ Video Projector - 12000 lumens Per Day 836.72$ Video Switcher Per Day 172.54$ Velvet Backdrop (ground support - 32') Per Use 255.69$ Velvet Backdrop (hung - 32') Per Use 412.64$ LED Up Lighting Per Use 33.26$ Led Up Lighting pkg (24) Per Use 361.71$ Wastebasket Each 4.16$ IMAG Camera Each 462.53$ Plexiglass Lecturn Each 167.34$ ADMINISTRATIVE SERVICESCopies Each 0.25$ Duplexed Copies Each 0.30$ First package (UPS, FedEx) Per Package actual + $15Any additional packages (UPS, FedEx) Per Package actual + $15Wi-Fi ServicesWired DSL High Speed Internet each line/day Each 66.00$ up to 512kbs Each Free5mb in lobbies and rooms Each 13.90$ 20mb in lobbies and rooms Each 85.00$ 50mb in lobbies and rooms Each 424.00$ 251
58 SOLID WASTE
AUTOMATIC LIFT CONTAINER SERVICEBaseline Residential ServiceBaseline Rate per Household/Unit Per Month or Fraction Of $23.85Each additional container Per Month or Fraction Of $4.00Minimum Refuse Rate per Household/Unit Per Month or Fraction Of $12.75Senior Citizen Life Line DiscountResidential container service Per Month or Fraction Of $12.75Each additional yard waste can only Per Month or Fraction Of $4.00Special ServicesCommercial Can Service (When approved)Baseline Rate per Commercial Site Per Month or Fraction Of $23.85Each additional container (When approved) Per Month or Fraction Of $6.00Additional ServicePer Container, roll out service / per 20 feet Per Empty $2.90Handling locks and/or property gates Per Empty $2.90Residential Senior/Disabled Pack-Out Service - For Qualifying Individuals Per Month FreeResidential Pack- Out Service Per Month $26.05Residential Pack- Out Service per add'l can - to be billed as a Flat FeePer Month $13.00Scheduled Empty - Commercial CanFor truck Per Empty $13.65Per Container Per Empty $1.80Scheduled Empty - Residential CanFor truck Per Empty $9.20Per Container Per Empty $1.80Unscheduled Empty (Same Day Service)For truck Per Empty $29.75Per Container Per Empty $1.80Residential - Contaminated EmptyContamination first occurrence Per Container No ChargeContamination second occurrence Per Container $9.95Contamination third occurrence Per Container $15.70Contamination fourth or more occurrence Per Container $21.50Items Outside Container, Scheduled, for Regular Customers (3 free per year)For truck, Commercial Per Pick Up$13.65For Truck, ResidentialPer Pick Up$9.20Commercial or ResidentialPer Container$1.80Special Event Service / Regular ContainersUp to 10 90-gallon containers / will fit on one trailerPer Delivery$26.95For Side Loader-Per Container/to clean & restock after usePer Empty$9.20To Clean & restock after usePer Container$1.80Special Event Service / Parade ContainersUp to 10 or less containersPer Delivery$53.90Per Empty/Per Container$12.00To Clean & restock after usePer Empty/Per Container$1.80 Baseline service consists of once a week pickup of either one divided container and one yard waste container, each collected one time per week. Multi-Family Households are the same as Single Family Households for the purpose of determining baseline residential service if each household is serviced individually. 252
59 SOLID WASTE (cont.)
Commercial Trash Bin ServiceOne time per week Per One Yard $52.10Two times per week Per One Yard $94.50Three times per week Per One Yard $136.90Four times per week Per One Yard $179.30Five times per week Per One Yard $221.70Six times per week Per One Yard $264.10One time per week Per Two Yard $67.45Two times per week Per Two Yard $124.20Three times per week Per Two Yard $180.95Four times per week Per Two Yard $237.70Five times per week Per Two Yard $294.45Six times per week Per Two Yard $351.20One time per week Per Three Yard $83.00Two times per week Per Three Yard $154.10Three times per week Per Three Yard $225.20Four times per week Per Three Yard $296.30Five times per week Per Three Yard $367.40Six times per week Per Three Yard $438.50One time per week Per Four Yard $98.50Two times per week Per Four Yard $183.95Three times per week Per Four Yard $269.40Four times per week Per Four Yard $354.85Five times per week Per Four Yard $440.30Six times per week Per Four Yard $525.75One time per week Per Six Yard $129.35Two times per week Per Six Yard $243.50Three times per week Per Six Yard $357.65Four times per week Per Six Yard $471.80Five times per week Per Six Yard $585.95Six times per week Per Six Yard $700.10One time per week Per Eight Yard $160.00Two times per week Per Eight Yard $302.85Three times per week Per Eight Yard $445.70Four times per week Per Eight Yard $588.55Five times per week Per Eight Yard $731.40Six times per week Per Eight Yard $874.25One time per week Per Ten Yard $190.60Two times per week Per Ten Yard $362.15Three times per week Per Ten Yard $533.70Four times per week Per Ten Yard $705.25Five times per week Per Ten Yard $876.80Six times per week Per Ten Yard $1,048.35 253
60 SOLID WASTE (cont.)
Commercial Recycling Bin ServiceOne time per week Per One Yard $30.90Two times per week Per One Yard $52.10Three times per week Per One Yard $73.30Four times per week Per One Yard $94.50Five times per week Per One Yard $115.70Six times per week Per One Yard $136.90One time per week Per Two Yard $39.05Two times per week Per Two Yard $67.40Three times per week Per Two Yard $95.75Four times per week Per Two Yard $124.10Five times per week Per Two Yard $152.45Six times per week Per Two Yard $180.80One time per week Per Three Yard $47.40Two times per week Per Three Yard $82.90Three times per week Per Three Yard $118.40Four times per week Per Three Yard $153.90Five times per week Per Three Yard $189.40Six times per week Per Three Yard $224.90One time per week Per Four Yard $55.70Two times per week Per Four Yard $98.35Three times per week Per Four Yard $141.00Four times per week Per Four Yard $183.65Five times per week Per Four Yard $226.30Six times per week Per Four Yard $268.95One time per week Per Six Yard $72.15Two times per week Per Six Yard $129.10Three times per week Per Six Yard $186.05Four times per week Per Six Yard $243.00Five times per week Per Six Yard $299.95Six times per week Per Six Yard $356.90One time per week Per Eight Yard $88.40Two times per week Per Eight Yard $159.65Three times per week Per Eight Yard $230.90Four times per week Per Eight Yard $302.15Five times per week Per Eight Yard $373.40Six times per week Per Eight Yard $444.65One time per week Per Ten Yard $104.60Two times per week Per Ten Yard $190.15Three times per week Per Ten Yard $275.70Four times per week Per Ten Yard $361.25Five times per week Per Ten Yard $446.80Six times per week Per Ten Yard $532.35 254
61 SOLID WASTE (cont.)
Commercial Green Waste/Food Compost Bin ServiceOne time per week Per One Yard $48.45Two times per week Per One Yard $87.20Three times per week Per One Yard $125.95Four times per week Per One Yard $164.70Five times per week Per One Yard $203.45Six times per week Per One Yard $242.20One time per week Per Two Yard $60.15Two times per week Per Two Yard $109.60Three times per week Per Two Yard $159.05Four times per week Per Two Yard $208.50Five times per week Per Two Yard $257.95Six times per week Per Two Yard $307.40One time per week Per Three Yard $72.05Two times per week Per Three Yard $132.20Three times per week Per Three Yard $192.35Four times per week Per Three Yard $252.50Five times per week Per Three Yard $312.65Six times per week Per Three Yard $372.80One time per week Per Four Yard $83.90Two times per week Per Four Yard $154.75Three times per week Per Four Yard $225.60Four times per week Per Four Yard $296.45Five times per week Per Four Yard $367.30Six times per week Per Four Yard $438.15One time per week Per Six Yard $107.45Two times per week Per Six Yard $199.70Three times per week Per Six Yard $291.95Four times per week Per Six Yard $385.20Five times per week Per Six Yard $476.45Six times per week Per Six Yard $568.70One time per week Per Eight Yard $130.80Two times per week Per Eight Yard $244.45Three times per week Per Eight Yard $358.10Four times per week Per Eight Yard $471.75Five times per week Per Eight Yard $585.40Six times per week Per Eight Yard $699.05One time per week Per Ten Yard $154.10Two times per week Per Ten Yard $289.15Three times per week Per Ten Yard $424.20Four times per week Per Ten Yard $559.25Five times per week Per Ten Yard $694.30Six times per week Per Ten Yard $829.35 255
62 SOLID WASTE (cont.)
Commercial Trash Compactor ServiceOne time per week Per One Yard $70.85Two times per week Per One Yard $141.70Three times per week Per One Yard $212.55Four times per week Per One Yard $283.40Five times per week Per One Yard $354.25One time per week Per Two Yard $113.65Two times per week Per Two Yard $227.30Three times per week Per Two Yard $340.95Four times per week Per Two Yard $454.60Five times per week Per Two Yard $568.25One time per week Per Three Yard $156.45Two times per week Per Three Yard $312.90Three times per week Per Three Yard $469.35Four times per week Per Three Yard $625.80Five times per week Per Three Yard $782.25One time per week Per Four Yard $199.25Two times per week Per Four Yard $398.50Three times per week Per Four Yard $597.75Four times per week Per Four Yard $797.00Five times per week Per Four Yard $996.25One time per week Per Six Yard $284.85Two times per week Per Six Yard $569.70Three times per week Per Six Yard $854.55Four times per week Per Six Yard $1,139.40Five times per week Per Six Yard $1,424.25One time per week Per Eight Yard $370.45Two times per week Per Eight Yard $740.90Three times per week Per Eight Yard $1,111.35Four times per week Per Eight Yard $1,481.80Five times per week Per Eight Yard $1,852.25 256
63 SOLID WASTE (cont.)
Commercial Recycle Compactor ServiceOne time per week Per One Yard $35.45Two times per week Per One Yard $70.90Three times per week Per One Yard $106.35Four times per week Per One Yard $141.80Five times per week Per One Yard $177.25One time per week Per Two Yard $56.85Two times per week Per Two Yard $113.70Three times per week Per Two Yard $170.55Four times per week Per Two Yard $227.40Five times per week Per Two Yard $284.25One time per week Per Three Yard $78.25Two times per week Per Three Yard $156.50Three times per week Per Three Yard $234.75Four times per week Per Three Yard $313.00Five times per week Per Three Yard $391.25One time per week Per Four Yard $99.65Two times per week Per Four Yard $199.30Three times per week Per Four Yard $298.95Four times per week Per Four Yard $398.60Five times per week Per Four Yard $498.25One time per week Per Six Yard $142.45Two times per week Per Six Yard $284.90Three times per week Per Six Yard $427.35Four times per week Per Six Yard $569.80Five times per week Per Six Yard $712.25One time per week Per Eight Yard $185.25Two times per week Per Eight Yard $370.50Three times per week Per Eight Yard $555.75Four times per week Per Eight Yard $741.00Five times per week Per Eight Yard $926.25 257
64 SOLID WASTE (cont.)
Commercial Split Bin ServiceOne time per week Per One Yard $62.55Two times per week Per One Yard $115.40Three times per week Per One Yard $168.25Four times per week Per One Yard $221.10Five times per week Per One Yard $273.95One time per week Per Two Yard $83.00Two times per week Per Two Yard $146.60Three times per week Per Two Yard $210.20Four times per week Per Two Yard $273.80Five times per week Per Two Yard $337.40One time per week Per Three Yard $94.75Two times per week Per Three Yard $169.10Three times per week Per Three Yard $243.45Four times per week Per Three Yard $317.80Five times per week Per Three Yard $392.15One time per week Per Four Yard $106.50Two times per week Per Four Yard $191.60Three times per week Per Four Yard $276.70Four times per week Per Four Yard $361.80Five times per week Per Four Yard $446.90One time per week Per Six Yard $130.40Two times per week Per Six Yard $237.00Three times per week Per Six Yard $343.60Four times per week Per Six Yard $450.20Five times per week Per Six Yard $556.80One time per week Per Eight Yard $154.20Two times per week Per Eight Yard $282.30Three times per week Per Eight Yard $410.40Four times per week Per Eight Yard $538.50Five times per week Per Eight Yard $666.60One time per week Per Ten Yard $178.00Two times per week Per Ten Yard $327.60Three times per week Per Ten Yard $477.20Four times per week Per Ten Yard $626.80Five times per week Per Ten Yard $776.40 258
65 SOLID WASTE (cont.)
PERMANENT COMMERCIAL BIN AND BOX SERVICEScheduled Special Empty ServicePer Bin Emptied $17.35Uncompacted refuse Per Cubic Yard $3.35Compacted refuse Per Cubic Yard $9.90Unscheduled (Same Day) Special Empty ServicePer Bin Emptied $46.90Uncompacted refuse Per Cubic Yard $3.35Compacted refuse Per Cubic Yard $9.90Scheduled, Multiple Special Empty Service (Additional Empties, Same Day)Per Bin Emptied $31.60Uncompacted refuse Per Cubic Yard $3.35Compacted refuse Per Cubic Yard $9.90Permanent Commercial Roll Off Box ServiceEmpty - Permanent, ScheduledPer Empty $151.00Food Compost boxesPer Empty $128.40County of Tulare Landfill fee and/or green waste/recycling fee charged to the CityPer Empty PLUSEmpty - Permanent, On CallPer Empty $166.90County of Tulare Landfill fee and/or green waste/recycling fee charged to the CityPer Empty PLUSReturn for Subsequent CollectionUnable to pick-up bin on normal route service "not due to CITY" (access blocked, too heavy, overfilled etc)Per Attmept $79.50Box Rental Service20 cubic yard open box rental Per Month or Fraction Of $38.6530 cubic yard open box rental Per Month or Fraction Of $50.1040 cubic yard open box rental Per Month or Fraction Of $60.2042 cubic yard open box rental Per Month or Fraction Of $85.8042 cubic yard compactor box rental Per Month or Fraction Of $85.8020 cubic yard sludge box rental, box 4392Per Month or Fraction Of $61.6020 cubic yard sludge box rental, box 4393Per Month or Fraction Of $60.2015 cubic yard food compost boxPer Month or Fraction Of $34.35Special Service - Additional ServiceHandling locks and/or gates Per Empty $2.90Roll out bin each additional 20 feet Per Empty $5.80Per Box, unscheduled (same day service), Per Empty $225.75County of Tulare Landfill fee and/or green waste/recycling fee charged to the CityPer Empty PLUSPer Box, additional empties, same day Per Empty $190.75County of Tulare Landfill fee and/or green waste/recycling fee charged to the CityPer Empty PLUSRoll Off Turnaround Fee (added to dump fee) Per Dump $20.00 Each subsequent attempt to return and service will be charged an additional fee to recoup costs of having to return to service the bin/box. 259
66 SOLID WASTE (cont.)
TEMPORARY COMMERCIAL BIN AND BOX SERVICETemporary Commercial Bin Service (2 cubic yard bin, ONLY)Standard ServicePrepayment Per Box $67.25Rent Per Month or Fraction Of $10.70Delivery Per Scheduled Delivery $31.80Scheduled Empty Per Empty or removal $24.75Optional Service:Delivery Per UNSCHEDULED (same day) Delivery $60.40Relocation Per SCHEDULED Relocation $31.80Special Service - Additional ServiceHandling locks and/or gates Per Empty $2.902 cubic yd. unscheduled (same day service) Per Empty $54.302 cubic yd. additional empties, same day Per Empty $39.15Temporary Commercial Box Service (15, 20, 30, or 40 cubic yard open boxes)Prepayment Per Box $375.00Delivery ServicePer Box Per Delivery$79.50Per UNSCHEDULED (same day) Per BoxPer Delivery$135.10Scheduled, Empty ServicePer Empty $166.90County of Tulare Landfill fee and/or green waste/recycling fee charged to the CityPer Empty PLUSBox Rental Service15 cubic yard open box rental Per Month $34.3520 cubic yard open box rental Per Month $38.6530 cubic yard open box rental Per Month $50.1040 cubic yard open box rental Per Month $60.2042 cubic yard open box rental Per Month $85.80Relocation Service (Optional) Per Box/Per Relocation$79.50SPECIAL HAUL SERVICE/SPECIAL BILLING SERVICEThe basis may include, but is not limited toFull Time Employee Labor Per Hour/Per Staff $57.49Vehicle Time Per Hour $9.98Full Time Employee Overtime Labor Per Hour/Per Staff $86.24 The minimum charges for temporary service are monthly rental of the bin/box PLUS one empty charge per month or fraction thereof. If no empty services are provided during the month, the minimum of one empty charge shall be billed to the account.
Charges for collection of excessive amounts, or empties at times other than scheduled, or collection of hazardous and/or hard-to-handle waste, or administrative charges for specialized billing will be determined by the director based on the cost of providing those services. 260
67 SOLID WASTE (cont.)
PENALTIES FOR DELINQUENT FEESPenalty charges for delinquent accounts will be assessed monthly as followsEach delinquent account more than 30 days past dueResidential - $10.00 Per Month for all charges.The minimum late charge of $10.00 will be applied to the combined sewer/refuse bill.Commercial - 10% of the unpaid delinquent balance or $10.00 Per Month, whichever is greater.The minimum late charge of $10.00 will be applied to the combined sewer/refuse bill.Property Tax Administration Fee - A property tax administration fee of $50.00 will be assessed.RE-START FEES FOR ACCOUNTSThe account may have been stopped as a result of delinquency or by customer request.Automatic lift container service Per Re-Start $35.00Permanent commercial bin service Per Re-Start $40.00Permanent roll off box service Per Re-Start $65.00RESIDENTIAL VACANCY ADMIN FEEThe account may have been stopped as a result of delinquency or by customer request.Per Re-Start $45.00CONTAINER CLEANING FEES - Flat Fee per container inclusive of staff timeResidential CanPer Container $29.45Front Load BinsPer Container $60.40Roll Off BoxesPer Container $135.10ENCLOSURE CLEANING FEESCost is Per Hour/Per Person/Per Enclosure Per Hour/Per Person/Per Enclosure$80.25REPLACEMENT of DAMAGED/ BURNT CANS/BINSResidential Can* Per Container$91.001 yard bin* Per Container$969.742 yard bin* Per Container$984.743 yard bin* Per Container$1,105.744 yard bin* Per Container$1,278.746 yard bin* Per Container$1,789.7430 yard bin* Per Container$8,465.7440 yard bin* Per Container$9,318.74* Actual replacement cost to CityREPLACEMENT COST OF MISCELLANEOUS ITEMS (Including Staff Time) **Commercial Bin Lid ReplacementPer Container$39.87Commercial Bin Lid Replacement - Two LidsPer Container$79.74Key ReplacementPer Key$19.87Lock ReplacementPer Lock$31.87** Items damaged by City will not be charged replacement cost to customerFRANCHISE PERMIT FEES - AS ISSUED BY DIRECTORFranchise Permit FeePer Box/Per Dump $34.58Franchises are required to pay their fees quarterly in arrears.Payments due in January, April, July, and October (Quarterly fees are due and payable in the month following quarter end and must be paid when logs are submitted for the quarter.) 261
68 SEWER
SANITARY (Wastewater)
NON-INDUSTRIALResidential Per Month $26.45Senior Citizen Life Line Residential Discount (equals 1/2 of residential)Per Month $13.25Commercial and Retail Per CCF * $2.36Commercial Mixed Complex Per CCF * $4.01Restaurants, Bars and Fraternal Lodges Per CCF * $5.26Laundries Per CCF * $3.15Car Washes Per CCF * $1.80Groceries with garbage grinders Per CCF * $5.03Per Room for Hotels /Motels Per Month $8.34Per Student per School Per Month $0.86Resthomes Per CCF * $2.36SEPTAGE RECEIVING STATIONSeptage receiving station Per 1,000 Gal $105.72Portable toilet and grease trap waste Per 1,000 Gal $127.01INDUSTRIALFlow Per MG $1,441.74B.O.D. Per Lb. $0.25Suspended Solids Per Lb. $0.35PERMIT FEESSeptic Hauler Annual Permit Per Annum $108.00Industrial Waste Discharge Permit Per Annum $345.59PROPERTY TAX ROLL ADMINISTRATIONProperty tax administration fee for placement on the property tax roll.Per Delinquent Acct $50.00LATE & PENALTY CHARGESNon-Industrial:All charges more than 30 days past due. Per Month $10.00Industrial:10% of Unpaid Delinquent Balance Per Month 10%All charges more than 30 days past due. Per Month $10.00Discharge Penalty:For discharge in excess of the permitted levels for the month of violation.Times Normal Charge 200% * 100% of the Dec., Jan. and Feb. average water consumption. Minimum charge = Residential monthly charge 262
69 SEWER (cont.)
STORM
For Operations & Maintenance Per 1,000 Sq.Ft. of Parcel Size$0.24PLUS, the following monthly charge per account, multi-family dwelling unit, or mobile home spaceMaster Plan Improvements Per Month $0.84Correct Existing Deficiencies Per Month $0.67Waterway Acquisition Per Month $0.51Kaweah Lake Enlargement Project and Local Storm Water Maintenance Fee*Per Month $0.66$2.68Late & Penalty ChargesAll charges more than 30 days past due. Per Month $10.00Property Tax Roll AdministrationProperty tax administration fee for placement on the property tax roll.Per Delinquent Acct $50.00* Resolution 2013-25 was adopted on April 1, 2013, authorizing a change of use of the Kaweah Dam Enlargement Project Fee and renaming the fee the Kaweah Lake Enlargement Project and Local Storm Water Maintenance Fee. The fee is to be adjusted annually by the amount of change in the USCPI.
Each commercial account or each single family residential account or each multi-dwelling unit will be billed the following monthly charges 263
70 CONNECTION FEES
SEWER MAIN FACILITES CHARGES
FRONT FOOT FEEFront Foot Per Foot 55.00$ SINGLE-FAMILY RESIDENTIALEXISTING LATERAL AND WYEConnection of a single-family residential dwelling with an existing lateral and wye to city sewer system.Per Unit 9,968.00$ NON-EXISTING LATERAL AND WYEConnection of a single-family residential dwelling with a non-existing lateral and wye to city sewer system.Per Unit 5,642.00$ 264
71 GROUNDWATER RECHARGE FEE
MONTHLY SERVICE CHARGEPurpose - The water service charge shall be used for the following:A. Maintaining existing water rights and acquiring additional water rights.B.C.Service Size (in)FY 24-255/8 or 3/4 Residential under 10,000 sq. ft. $0.611 Residential over 10,000 sq. ft. $1.101 1/2 Commercial $2.462 Commercial $4.383 Commercial $9.864 Commercial $17.526 Commercial $39.468 Commercial $70.12 Construction of facilities necessary to apply such water to beneficial use such as groundwater recharge and/or storm water recharge basins, water management structures and facilities and water conservation projects. Eligible planning and engineering projects related to efficient water management activities. 265
72 TRANSIT
ROUTESGeneral Fare Per Person 1.75$ Discounted Fare - ADA Certified/Senior/Disabled/Military Per Person 0.85$ General Day Pass Per Person 3.50$ Discounted Day Pass - ADA Certified/Senior/Disabled/Military Per Person 2.50$ General 31 Day Pass Per Month 50.00$ Discounted 31 Day Pass - ADA Certified/Senior/Disabled/Military Per Month 30.00$ Children (6 and under) first two children free with adult Per Person FREEGeneral 7 Day Pass Per Person 14.00$ Discounted 7 Day Pass - ADA Certified/Senior/Disabled/Military Per Person 7.50$ HOP Passes - Half off Pass (New rider's only) Per Person 25.00$ DIAL-A-RIDEGeneral Fare Per Person 4.00$ Discounted Fare - ADA Certified/Senior/Disabled/Military Per Person 2.25$ Children (6 and under) first two children free with adult Per Person FREEADA 31 Day pass Per Month 75.00$ Regular 10 Ride Pass Per Person 40.00$ Discounted 10 Ride Pass - ADA Certified/Senior/Disabled/Military Per Person 22.50$ V-LINEGeneral Fare Per Person 10.00$ Discounted Fare - ADA Certified/Students/Senior/Disabled/Military Per Person 9.00$ General 10 Ride Pass Per Pass 90.00$ Discounted 10 Ride Pass- ADA Certified/Senior/Disabled/Military Per Pass 80.00$ General 20 Ride Pass Per Pass 160.00$ Discounted 20 Ride Pass - ADA Certified/Senior/Disabled/Military Per Pass 140.00$ General 40 Ride Pass Per Pass 280.00$ Discounted 40 Ride Pass - ADA Certified/Senior/Disabled/Military Per Pass 240.00$ TPASSGeneral 31 Day pass Per Pass 55.00$ Discounted General 31 Day pass - ADA Certified/Senior/Disabled/MilitaryPer Pass 35.00$ TROLLEY/BUSCity Rate Per Hour 118.03$ Non City Rate Per Hour 134.61$ Rentals that exceed Visalia Transit general service hours and result in additional expenses-a surcharge will apply to the general ratePer Hour 40.00$ SEQUOIA SHUTTLEGeneral (round trip) Per Person 20.00$ FACILITY USEFor use of Transit Center's Plaza & or Lobby Per Day $250 TO $750ADVERTISING - BUSES FIXED ROUTEOne (1) Month ContractKing Full Side Per Month 782.00$ King Kong Per Month 616.00$ King Standard Per Month 527.00$ Queen Full Side Per Month 687.00$ Queen Kong Per Month 477.00$ Queen Standard Per Month 451.00$ Tail Full Side Per Month 553.00$ Tail Super Per Month 537.00$ Tail Standard Per Month 527.00$ Full Wrap Per Month 1,747.00$ Interior Panels (11" X 17") Per Month 17.00$ 266
73 TRANSIT (cont.)
ADVERTISING - BUSES FIXED ROUTEThree (3) Month ContractKing Full Side Per Month 755.00$ King Kong Per Month 594.00$ King Standard Per Month 505.00$ Queen Full Side Per Month 667.00$ Queen Kong Per Month 459.00$ Queen Standard Per Month 431.00$ Tail Full Side Per Month 533.00$ Tail Super Per Month 516.00$ Tail Standard Per Month 505.00$ Full Wrap Per Month 1,680.00$ Interior Panels (11" X 17") Per Month 17.00$ Six (6) Month ContractKing Full Side Per Month 736.00$ King Kong Per Month 577.00$ King Standard Per Month 488.00$ Queen Full Side Per Month 646.00$ Queen Kong Per Month 446.00$ Queen Standard Per Month 419.00$ Tail Full Side Per Month 516.00$ Tail Super Per Month 499.00$ Tail Standard Per Month 488.00$ Full Wrap Per Month 1,623.00$ Interior Panels (11" X 17") Per Month 17.00$ Twelve (12) Month ContractKing Full Side Per Month 715.00$ King Kong Per Month 560.00$ King Standard Per Month 474.00$ Queen Full Side Per Month 627.00$ Queen Kong Per Month 431.00$ Queen Standard Per Month 405.00$ Tail Full Side Per Month 500.00$ Tail Super Per Month 483.00$ Tail Standard Per Month 474.00$ Full Wrap Per Month 1,575.00$ Interior Panels (11" X 17") Per Month 17.00$ DIAL-A-RIDE (DAR)Tails Per Month 214.00$ 267
74 TRANSIT (cont.)
ADVERTISING - BUSES VLINEOne (1) Month ContractVLINE King Per Month 632.00$ VLINE Full King (no header) Per Month 1,094.00$ VLINE Queen Per Month 541.00$ VLINE Full Queen (no header) Per Month 962.00$ VLINE Interior Ad Per Month 20.50$ VLINEThree (3) Month ContractVLINE King Per Month 607.00$ VLINE Full King (no header) Per Month 1,058.00$ VLINE Queen Per Month 518.00$ VLINE Full Queen (no header) Per Month 933.00$ VLINE Interior Ad Per Month 20.50$ Six (6) Month ContractVLINE King Per Month 586.00$ VLINE Full King (no header) Per Month 1,030.00$ VLINE Queen Per Month 503.00$ VLINE Full Queen (no header) Per Month 903.00$ VLINE Interior Ad Per Month 20.50$ Twelve (12) Month ContractVLINE King Per Month 568.00$ VLINE Full King (no header) Per Month 1,001.00$ VLINE Queen Per Month 486.00$ VLINE Full Queen (no header) Per Month 878.00$ VLINE Interior Ad Per Month 20.50$ No additional monthly discounts due to limited inventory for DAR buses.Full Payment Discount Full Amount 5%Note: - Normal Agency (15%) discount.CNG FuelEV ChargersThe charge fee per KWH is based on actual cost plus $0.25, to help recover costs. - Non-profit organizations, governmental agencies, and education can also purchase, on a space available basis only, advertising space at 10% off the standard rate schedule.The public price per GGE is based on actual costs plus 5%. 268
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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0447 Agenda Date: 10/21/2024 Agenda #: 11.
Agenda Item Wording:
Ordinance Adoption - Second reading and adoption of Ordinance 2024-10 amending Visalia Municipal Code Section 9.16 Graffiti.
Deadline for Action: 10/21/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Tracy Robertshaw, Neighborhood Preservation Manager (559)713-4187, [email protected] <mailto:[email protected]> Paul Pernal, Planning and Community Preservation Director, (559)713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:
Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2024- 10 amending Visalia Municipal Code Section 9.16 Graffiti per the attached Ordinance No. 2024-10.
Summary:
On October 7, 2024, the City Council held a public hearing to introduce Ordinance No. 2024-10, a request to amend Visalia Municipal Code Section 9.16 Graffiti. During the public hearing, the City Council received a staff report, and a staff presentation on changes made to the Graffiti ordinance based on their direction. After the item was presented and no public comments received, the City Council voted 5-0 to introduce Ordinance No. 2024-10.
Background Discussion:
On May 20, 2024, a work session item was held with the City Council to conduct a review of the ordinance requirements related to Graffiti Abatement. During the presentation, and as noted in the staff report, several areas of the Graffiti ordinance were identified that required correction. Based on direction received from the City Council, staff prepared updates to the Graffiti Ordinance.
On October 7, 2024, staff presented the first reading of Ordinance No. 2024-10 which identified the following sections being updated as follows:
1. Section 9.16.070 Removal
2. Section 9.16.070 (C) (2) (3) (4) and (5) Undue Hardship
3. Section 9.16.080 Appeal of Cost Removal
4. Section 9.16.090 Responsibility
5. Section 9.16.120 Reward
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The second reading of the ordinance is the final action the City Council takes in order for amendment of Visalia Municipal Code Section 9.16 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Fiscal Impact:
N/A
Prior Council Action:
· On October 7, 2024, City Council introduced Ordinance No. 2024-10. · On April 15, 20204, City Council directed staff to move forward with revising Visalia Municipal Code 9.16 Graffiti.
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I move to approve the second reading and adopt Ordinance No. 2024-10, amending Visalia Municipal Code 9.16 Graffiti.
Environmental Assessment Status:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) which states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
CEQA Review:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA).
Attachments:
1. Ordinance No. 2024-10 Amending Section 9.16 Graffiti
2. City Council Introduction and First Reading Staff Report dated October 7, 2024 Visalia City Council Printed on 10/17/2024Page 2 of 2
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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0350 Agenda Date: 10/21/2024 Agenda #: 1.
Agenda Item Wording:
Formation of Underground Utility District - Conduct public hearing and adopt resolution for the formation of an underground utility district along Goshen Avenue, east of Burke Street; Resolution No. 2024-62 required.
Deadline for Action: 10/21/2024
Submitting Department: Community Development
Contact Name and Phone Number: Mike Porter, Civil Engineer, [email protected] < mailto:[email protected]> (559) 713-4412 Chris Crawford, City Engineer, [email protected] <mailto:[email protected]> (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected] < mailto:[email protected]> (559) 713-4495
Department Recommendation:
City Staff recommends conducting a Public Hearing and adopting Resolution 2024-62 authorizing the formation of Underground Utility District No. 22 (UUD22) along Goshen Avenue and authorize using the current City of Visalia Rule 20A allocation to fund the utility undergrounding.
The UUD 22 boundary includes the full right of way width of Goshen Avenue, beginning at the easterly right of way line of Burke Street and extending 850 feet east. A separate underground utility district may be formed in the future that would extend all the way to Ben Maddox. Currently there are not enough Rule 20A funds available to remove more than the poles located within proposed UUD
22. The formation of Underground Utility District No. 22 is recommended to be formed under California Public Utility Commission Rule 20A program based on the following justifications:
1) The street right of way will be extensively used by the general public and will carry a heavy volume of pedestrians or vehicular traffic.
2) The street right of way adjoins or passes through a civic area. 3) The street right of way is considered an arterial street or major collector as defined in the Governor’s Office of Planning and Research General Plan Guidelines.
Background Discussion:
The City of Visalia is moving forward with the Civic Center Project, which is partially located on Goshen Avenue east of Burke Street. As the Civic Center areas are developed, pedestrian and vehicular traffic is expected to significantly increase. Goshen Avenue is considered a collector road under the City’s current general plan circulation element.
Underground Utility District No. 22 (UUD 22) will remove four (4) existing poles and the associated overhead low voltage lines from this area. Forming the district will also prohibit future poles and additional overhead lines along Goshen Avenue within the boundaries of the district. The Visalia City Council Printed on 10/17/2024Page 1 of 3
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poles and additional overhead lines along Goshen Avenue within the boundaries of the district. The conversion of overhead facilities is planned to be completed by November 1, 2026. When the underground project is completed, it will result in an area of reduced overhead lines and utility poles.
Undergrounding the utilities is safer for vehicle traffic and more aesthetically pleasing for the area.
California Public Utility Commission Rule 20 sets policies and procedures for the conversion of overhead facilities to underground facilities. Within Rule 20 there are three sub-sections:
1) projects financed by utility rate payer funds (Rule 20A); 2) projects financed by groups (Rule 20B); and
3) projects financed by individuals (Rule 20C).
Public utilities each manage their own Rule 20 program under the jurisdiction of the CPUC. As authorized and required by the CPUC. Southern California Edison (“SCE”)apportions an amount from each of their rate payers that receive electrical service from an overhead line. This amount is placed in a fund earmarked for use in Rule 20A undergrounding projects in that jurisdiction. Each city or county in the public utility’s service area is responsible to direct SCE on the undergrounding projects that they would like to fund with Rule 20A funds. Rule 20B and 20C projects are similar but the costs are paid for by the group or individual interested in having the overhead lines placed underground not with the Rule 20A funds, although the public utility offsets some of the costs. District 22 will be financed by SCE under Rule 20A funds.
All affected utilities will be participating in the undergrounding of utilities. Based on SCE estimates, the cost to underground the overhead lines and services will be $989,736.00. The City of Visalia’s current Rule 20A allocation is $1,015,097.00. Staff recommends funding the proposed power line conversion from the current Rule 20A allocation. Estimated time required to complete the project is 24 months; the current estimated move-in for the Civic Center is February, 2027. Aside from staff time allocated to overseeing this program, there no estimated project costs to the City of Visalia.
There are several parcels located near the proposed UUD22 boundary. Most of the affected property is owned by the City of Visalia. Only one (1) property located along the UUD22 boundary is not owned by the City:
1. 733 N. Ben Maddox - Visalia Livestock Market
Estimated costs to the affected property owners is $0.00. SCE Rule 20A guidelines state that upon the request of the governing body (City of Visalia), SCE will pay from the existing allocation of the entity for installation of up to 100 feet of each customer’s underground electric service lateral occasioned by the undergrounding and/or the conversion of a customer’s meter panel to accept underground service occasioned by the undergrounding, excluding permit fees. The City intends to make this request. Notices to affected property owners of this hearing concerning the proposed formation of the underground utility district were sent as required by Visalia Municipal Code section13.24.020 fifteen days in advance of this hearing.
Fiscal Impact:
Minimal Project Management and Administrative costs associated with the UUD22 formation and construction.
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Prior Council Action: N/A
Alternatives: Do not adopt the resolution. The power poles and overhead utility lines would be relocated to behind the new curb and gutter along Goshen Ave. and would remain overhead in front of the new civic center project.
Recommended Motion (and Alternative Motions if expected):
I move to adopt Resolution 2024-62 authorizing the formation of Underground Utility District No. 22 along Goshen Avenue, and authorize using the current City of Visalia Rule 20A allocation to fund the utility undergrounding.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
Resolution No. 2024-62
Exhibit A: UUD 22 District Boundary
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0426 Agenda Date: 10/21/2024 Agenda #: 2.
Agenda Item Wording:
Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission’s approval of a request by the City of Visalia, pursuant to Municipal Code section
17.38.040, to revoke Conditional Use Permit No. 2011-18, which allows live entertainment and dancing in conjunction with Downtown Rookies Sports Bar and Grill located at 215 East Main Street, in the D-MU (Downtown Mixed Use) Zone (APN: 094-296-011).
Deadline for Action: 10/21/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, [email protected] <mailto:[email protected]> Department Recommendation:
Staff recommends that the City Council receive a staff presentation, hold a public hearing, and adopt Resolution No. 2024-59 denying the appeal and upholding the Planning Commission’srevocation of Conditional Use Permit No. 2011-18.
However, the City Council may, in lieu of the recommended motion specified above, consider any of the following alternative motions:
1. Uphold the decision of the Planning Commission to deny CUP No. 2011-18 but deny the CUP without prejudice. This would allow an application for a conditional use permit for the same or substantially the same conditional use on the same site to be filed without having to wait one year; or
2. Uphold the appeal and deny revocation of Conditional Use Permit No. 2011-18, allowing the Conditional Use Permit approval to remain in place, subject to the conditions as adopted per Resolution No. 2011-39; or
3. Move to direct staff to work with the applicant/owner to establish new and/or revised conditions of project approval that reflect the applicant/owners desire to modify and update their operational statement, security plan, and operating conditions that will better effectuate how live entertainment is properly managed when offered within the Downtown Rookies Sports Bar and Grill restaurant. The revisions to the operational statement, security plan, and operating conditions will be presented at a future Planning Commission meeting; or
4. Refer the matter back to Planning Commission for further evaluation; or
5. Continue the matter to a future City Council hearing.
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Summary:
On September 23, 2024, the Planning Commission held a public hearing to consider the revocation of Conditional Use Permit No. 2011-18. A summary of the 2011 Conditional Use Permit is provided below. The revocation request was based on an increase in calls for police service over the past two years and the business establishment not complying with their conditions during live entertainment activities as described below. At the conclusion of the public hearing, the Planning Commission approved the revocation by a 3-1 vote.
Background Discussion:
Conditional Use Permit (CUP) No. 2011-18, approved by the Planning Commission on September 12, 2011, subject to the conditions of approval per Resolution No. 2011-39, permitted lived entertainment in conjunction with a bona fide restaurant (i.e., Downtown Rookies Sports Bar and Grill). Per the staff report, live entertainment actives were to be provided four nights a week beginning at 9:00 p.m. to 1:00 a.m. while the use of the restaurant identified hours of operation from 11:00 a.m. to 11:00 p.m. Live entertainment activities were to consist of live musical acts, disc jockeys, karaoke, or similar activities in nature and intensity, and during this time patrons needed to be 21 years of age or older when live entertainment activities were provided. The approval to permit live entertainment was conditioned in a manner that explicitly requires management and operational requirements to be adhered to at all times to ensure a safe environment is provided during live entertainment activities for both patrons of the establishment and to the surrounding businesses. As noted in the September 12, 2011, staff report, “failure by the owner/operator to comply with the conditions may result in a hearing to revoke the CUP.”A copy of the September 12, 2011 Planning Commission staff report for CUP No. 20211-18 is provided as Attachment 5 to this staff report.
The request to revoke CUP No. 2011-18 is in response to violations of the terms and conditions of the conditional use permit and Municipal Code provisions by this business, Downtown Rookies Sports Bar and Grill, when live entertainment activities are occurring within the restaurant. These violations include allowing live entertainment to occur after 1:00 a.m., not keeping the sidewalk area in front of the business open for public use during live entertainment, not keeping business patrons in orderly lines while waiting to enter the business for live entertainment, and not properly implementing a security plan to monitor the behavior of customers inside the building and the public sidewalk in front of the business. On August 15, 2024, a “Notice of Conditional Use Permit Suspension” letter was sent by certified mail to both the property owner and business operator informing them that the conditional use permit was being suspended and a public hearing was being set to determine if the conditional use permit should be revoked. A copy of that letter is provided as Attachment 2 to this staff report. Please note that the use of the restaurant continues to be permitted to operate, and the CUP suspension/revocation is only related to the ancillary live entertainment use.
Pursuant to Section 17.38.040 of the Zoning Ordinance, violation of any applicable provision of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a conditional use permit shall be suspended automatically. The Planning Commission shall hold a public hearing within sixty (60) days, in accordance with the procedure prescribed in Section 17.38.080, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. Appeals of the decision of the Planning Commission may be made to the City Council as provided in Section 17.38.120 of the Zoning Ordinance. Please note, pursuant to Section 17.38.050, following the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of revocation of the permit unless such denial was a denial without prejudice by the planning Visalia City Council Printed on 10/17/2024Page 2 of 10
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revocation of the permit unless such denial was a denial without prejudice by the planning commission or city council.
Planning Commission Hearing:
The Planning Commission conducted a public hearing on September 23, 2024, for the revocation of Conditional Use Permit No. 2011-18. After the conclusion of staff’s presentation regarding the revocation item, public testimony was received from two individuals in attendance. April Lancaster provided public testimony in support of the revocation while opposition to the revocation request was received from Duane Rodriguez, business owner of Downtown Rookies Sports Bar and Grill. Please note late correspondence in support of Mr. Rodriguez was received on September 23, 2024. The letter requested that the Planning Commission reinstate the live entertainment CUP. A copy of this letter is attached to the staff report as Attachment 5.
Ms. Lancaster’spublic testimony in support of the revocation was due to the violations related to the business which has impacted the downtown aera in a negative manner. Mr. Rodriguez’s public testimony in opposition to the revocation was based on his perception that the information, as presented in the staff report and by staff, was extremely flawed and not accurately reflected.
Mr. Rodriguez, as the Board President of the Downtown Visalians Board of Directors, stated that monthly updates received from police officer(s) after their board meetings identified that the business was “doinga good job”of correcting their issues. In addition, Mr. Rodriguez also stated that he was instructed to call for police service to help when issues became unruly within the establishment during live entertainment hours and expressed his frustration that these calls were now being used against his business. Mr. Rodriguez acknowledged that live entertainment events had continued past 1:00 a.m. but stated that would no longer occur. Mr. Rodriguez also raised issues with crowds congregating in front of the business along the sidewalk and stated that their staff did not move groups along because it often resulted in heated confrontations due to the sidewalk being a public area. Mr. Rodriguez concluded his testimony seeking a consideration from the Planning Commission to allow live entertainment to continue subject to revisions on the type of live entertainment that would be provided going forward. The public testimony presented by Mr. Rodriguez is summarized in a letter that was e-mailed to the Planning Commission on Friday September 20th, 2024. This letter is provided as Attachment 6 to this staff report.
At the conclusion of public testimony and deliberations, the Planning Commission approved the request to revoke Conditional Use Permit No. 2011-18 by a 3 to 1 vote, Commissioner Peck, No, Commissioner Tavarez absent.
Appeal:
On September 26, 2024, staff received an appeal of the Planning Commission’s revocation of Conditional Use Permit No. 2011-18. The appeal, filed by Duane Rodriguez, is included as Attachment No. 1. Mr. Rodriguez notes his disagreement with the entire report and analysis provide in the report and states that the call for service numbers are inflated and the Code Enforcement Division has not responded to request to address food vendors operating in the downtown area.
Responses to the appellants claims is provided in the “Response to Appeal Letter” and “Analysis of Live Entertainment Revocation Request” sections of this staff report. Along with Mr.
Rodriguez’s written appeal, he has also submitted this video, https://vimeo.com/1000881152/b0fe29f627 <
https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvimeo.com%2F1000881152% 2Fb0fe29f627&data=05%7C02%7CPaul.Bernal%40visalia.city% Visalia City Council Printed on 10/17/2024Page 3 of 10
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7C35aa457f5e6441f4aa7e08dcec97cff5%7Ce489c096dc4c4c25a985bc420f160fa2%7C0%7C0% 7C638645383998506906%7CUnknown%
7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0% 3D%7C0%7C%7C%7C&sdata=QJxK%2BcX0vuMidXxpcwLPCL0ysSQAugOlHfa2x8jApxk% 3D&reserved=0>, as part of the record.
Response to Appeal Letter:
The appeal submitted by Duane Rodriguez infers the data regarding calls for service provided by the Visalia Police Department are “inflated”and not factual, and Code Enforcement Division has not responded to his calls complaining about a food vendor that sets up near his restaurant in the late evening hours resulting in large groups congregating near his establishment which results in trash been left on the sidewalks which he pays to have cleaned up.
In response to the accusation that reported calls for service as are “inflated”,when staff issued the CUP suspension letter, that letter identified the number of calls for service for the calendar year 2023, and January 2024 through August 2024. The number of calls generated, number of calls directly related to the business, and number of calls during live entertainment hours are listed in Table 1-1 below. After the CUP suspension letter was issued, and prior to noticing the CUP revocation public hearing, staff conducted another review of the calls for service during the timelines as noted above, which were included in the Planning Commission staff report. This review focused on considering when the calls occurred, during or after the entertainment hours specified in the CUP. The review also considered how the calls for police services were generated and noted that calls for assistance from employees at the business may not be considered as part of the public nuisance for excess calls. Those calls that were identified as made by employees were removed. The remaining calls were for calls generated by citizens nearby or were initiated by Visalia Police Department in response to issues at this location. The updated calls for service, based on this re-review, are provided in Table 1-2 below. Please note the numbers provided in Table 1-2 were also included in the Planning Commission staff report.
The numbers as provided in both Tables 1-1 and 1-2, clearly demonstrate the need for police presence at the business has escalated when live entertainment activities are occurring and the conclusion to revoke the live entertainment use permit can be attributed to the lack of proper management and failure to implement crowd control and security measures as required per the adopted conditions of approval as listed in Resolution No. 2011-39 for Rookies Downtown Sports Bar and Grill. A copy of this resolution is provided as Attachment 8.
In addition, the Visalia Police Department has provided additional information to further dispute the information provided in the appeal letter that the calls for service numbers were “inflated”.The additional information as detailed in the Calls for Service 2023 and January 1, 2024 - August 4, 2024, is included as Attachments 7 to this staff report. Attachment 7 confirms that calls for service, as noted in the Planning Commission staff report and Table 1-2 found under the “Analysis of Live Entertainment Revocation Request”section below, are consistent and reflect the increase for police assistance when live entertainment activities are occurring in the restaurant. This information further defines the types of calls that required police assistance over the reporting period, which include:
· Fighting · Homicide
· Verbal Disturbance · Retaliation concerns due to homicide · Intoxicated Persons
In particular, during the summer months of the 2024 reporting period (Attachment 7), police officers initiated several security checks due to witnessed unruly behavior, fighting, large crowds gathering in Visalia City Council Printed on 10/17/2024Page 4 of 10
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initiated several security checks due to witnessed unruly behavior, fighting, large crowds gathering in front of the business, and entertainment activities occurring after 1:00 a.m. During one of these security checks, police officers informed on-site security staff that allowing people to congregate in front of the business in the manner that was occurring is a violation of the live entertainment CUP conditions. The accusation that calls for service are “inflated”as reported by both law enforcement and City staff are unfounded. On the contrary, what is factual is that that during live entertainment hours for Downtown Rookies Sports Bar and Grill, police assistance is needed more frequently, creating an undue burden for law enforcement.
With regards to the food vendor statement, Code Enforcement conducted five swing shift vendor enforcement details the months of January, February, May, and two in August 2024, during the hours of 9:00 p.m. to midnight (12:00 a.m.). These details were in response to complaints received from the Visalia Convention Center and the Downtown Visalians. During three of these details, vendors were contacted, cited and/or items confiscated on Acequia Avenue near the Convention Center, in front of the Fox Theater, in the Bank of America parking lot on Main Street, and along both Dinuba Boulevard and Ferguson Avenue.
Staff recommendation to uphold Planning Commission’s approval revoking Conditional CUP No. 2011-18, and denying the appeal, is based on the operator/owner failure to comply with the terms and conditions of the conditional use permit and the Visalia Municipal Code as further analyzed below. In addition, staff conducted a review the CUP at this site address and compared it to other businesses in the downtown area that have approved CUP’sto permit live entertainment within their establishments. This comparison showed this site has more calls for services compared to other locations.
Analysis of Live Entertainment Revocation Request:
The City of Visalia has long recognized the importance of the downtown area which represents the center of the city offering a wide range of commercial establishments, stores, restaurants, mixed with offices and some residential uses. In addition to being a major center for employment, there are several commercial establishments that have been approved, via a discretionary review process and subject to operating conditions, that offer various live entertainment options in the latter part of the evening which are intended to be ancillary to the primary commercial establishments use (i.e., bona fide restaurant). These live entertainment approvals are recognized as a way to provide the downtown with a variety of entertainment options for patrons to enjoy dancing, singing, and listing to local artists in the late evening hours, and on the weekends. However, when these establishments fail to properly comply with the conditions/requirements imposed on them to ensure entertainment activates are done in a manner to protect their patrons, this often results in the City of Visalia having to apply significant staff resources to monitor and combat unruly behavior that can lead to negative impacts to the downtown area, surrounding businesses, and to the safety of visitors to the downtown area.
As provided in the attached CUP Suspension letter (see Attachment “2”),staff issued the letter due to numerous ongoing code violations, and noncompliance with CUP conditions by Downtown Rookies Sports Bar and Grill when live entertainment activities are occurring within the restaurant. The suspension of live entertainment activities is based on a review of the adopted conditions for the live entertainment use and calls for service to this establishment as follows:
· On March 25, 2021, a “Declarationof Public Nuisance”was issued to this business based on the excessive amount of police calls to the property and criminal activity related to the Visalia City Council Printed on 10/17/2024Page 5 of 10
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business at the location.
· On April 2, 2021, the property owner met and discussed with staff the issues that were occurring at the business, which staff was informed the property owner would meet and present the problems with the owner/operator of the restaurant in an effort to resolve the ongoing issues.
· On April 13, 2021, the property owner advised staff that a meeting with the business owner had occurred and during the course of those discussions the restaurant owner/operator was informed of the seriousness of the situation. It was further confirmed that the property owner was going to allow the business owner/operator to continue operations subject to them working on resolving the situation before taking any additional actions if the issues were not resolved.
· On January 11, 2022, staff informed the property owner that there had been an additional 26 calls for service to the business and 10 of those were due to lack of proper management of the business.
The CUP suspension letter issued on August 15, 2024, also identified the number of calls for service for the past two years to the business address as noted below:
Table 1-1
YEAR TOTAL CALLS
FOR SERVICE
DIRECTLY
RELATED TO THE
BUSINESS
DURING HOURS OF
LIVE ENTERTAINMENT
2023 53 28 18
2024 (7 MONTHS) 48 37 27
Upon setting the CUP revocation hearing, staff conducted another review of the calls for service. This review focused on considering when the calls occurred, during or after the entertainment hours specified in the CUP. The review also considered how the calls for police services were generated and noted that calls for assistance from the employees at the business should not be considered as part of a public nuisance for excess calls, these calls were removed. The remaining calls were for calls generated by citizens nearby or were initiated by VPD in response to issues at this location.
This review noted the following changes:
Table 1-2
YEAR TOTAL CALLS
FOR SERVICE
DIRECTLY
RELATED TO THE
BUSINESS
DURING HOURS OF
LIVE ENTERTAINMENT
2023 53 30 (an increase of 2 calls
from the information
provided in the CUP
suspension letter)
20 (an increase of 2 calls
from the information provided
in the CUP suspension letter)
2024 (7 MONTHS) 48 32 (a reduction of 5 calls
from the information
provided in the CUP
suspension letter)
25 (a reduction of 2 calls
from the information provided
in the CUP suspension letter)
As noted in the tables above, including the re-review of calls for service after the date of issuance of the CUP suspension letter (see Table 1-2), the need for police presence at the business has escalated which can be contributed to the lack of proper management when live entertainment Visalia City Council Printed on 10/17/2024Page 6 of 10
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escalated which can be contributed to the lack of proper management when live entertainment activities were occurring. Furthermore, when responding to these calls police officers found that the business was in violation of the live entertainment conditions of approval as adopted per Resolution No. 2011-39 for Conditional Use Permit No. 2011-18. A copy of the 2011 resolution and staff report is included as Attachment 8.
Also as stated in the August 15, 2024 CUP suspension letter, on June 23, 2024, and July 27, 2024, while patrolling the area, officers found numerous large groups of people congregating in front of the business, and live entertainment activities were occurring after 1:00 a.m. Police officers informed Rookies’ staff present during this encounter that allowing people to congregate in front of the business in the manner that was occurring is a violation of the live entertainment CUP conditions.
Additionally, on July 28, 2024, during a homicide investigation of a patron of the Downtown Rookies Sports Bar and Grill that occurred in front of this business, it was found that the victim was part of large group of people that were allowed to congregate in front of the business, and Police Officers also noted that the live entertainment activities were still occurring after 1:00 a.m. on the night of the homicide.
These issues as noted above are in violation of the Conditions of Approval (COA) as adopted per Resolution No. 2011-39. The COA’s violated are summarized below:
· COA No. 2: That the hours of operation for live entertainment and dancing shall be between the hours of 9:00 pm to 1:00 am. Live entertainment shall be restricted only to live musical acts, disc jockeys, karaoke, or similar activities in nature and intensity as determined by the City Planner. Any subsequent change to the nature of the live entertainment shall require an amendment to the Conditional Use Permit.
Analysis: Responding police officers noted that on several occasions live entertainment activities extended beyond the hours of operation for live entertainment as conditioned per COA No. 2. The business owner acknowledged that live entertainment hours were conducted beyond the allowed times. No request to modify the hours was submitted at any time during the 12 years that the live entertainment CUP was active. · COA No. 7: During live entertainment or dancing, the public sidewalks shall be kept clear for pedestrian use. Patrons waiting to enter the business shall be formed in a single orderly line outside of the front door of the business and shall keep the public sidewalk area directly in front of the business open for public pedestrian use. This waiting area shall be defined by a solid visible line on the ground or a portable non-permanent rope style system that creates a separation between the area patrons wait in line and the public use area of the sidewalk. The operator shall regularly maintain the area under their control free of alcohol and litter.
Analysis: Responding police officers noted that on several occasions numerous large groups of people congregating in front of the business when live entertainment activities were occurring. The implementation of this condition is to ensure that patrons waiting to enter the establishment are prevented from congregating and spilling out onto the sidewalk and street which could result in both obstructions to pedestrians walking along the sidewalk and vehicles driving along Main Street. By not properly complying and implementing this condition, failure to control patrons entering the establishment creates nuisance issues for the reasons noted above.
· COA No. 16(d): That the owner/operator shall prepare and implement an approved Security Plan that includes the following:
a. Designate an adequate number of security personnel who will monitor and control the Visalia City Council Printed on 10/17/2024Page 7 of 10
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File #: 24-0426 Agenda Date: 10/21/2024 Agenda #: 2.
a. Designate an adequate number of security personnel who will monitor and control the behavior of customers inside the building, any queue on the public sidewalk for the business, and any private parking lot under the establishment's control. The security personnel may be employees of the establishment or licensed security personnel retained from a licensed security firm. All on-duty licensed security guards shall comply with the uniform requirements set forth in California Business & Professions code section 7582,26.
Analysis: As noted under COA No. 7, the owner/operator failure to implement the security measures as conditioned to ensure patrons were placed in a designed area to wait and enter the establishment (i.e., large groups of people congregating in front of the business). The establishments security employees failed to properly employee crowd control techniques, as required per this condition, to ensure that people are congregating in a designed queue area in front of the business in an effort to limit obstructions to the sidewalk and street, and to reduce the likelihood of disturbances involving patrons waiting to enter the business.
Staff’s recommendation to move towards revocation should not come as a surprise as the 2011 Planning Commission staff report explicitly detailed, in two instances, that failure by the property owner or establishment operator to comply with the conditions may result in a hearing to revoke the CUP. This was noted under both the “Inter Departmental Review” and “Conditional Use Permit Revocation Process” sections and included as COA No. 15 which can be found in the attached Planning Commission Staff Report dated September 12, 2011 (see Attachment 8).
Likewise, Downtown Rookies Sports Bar and Grill is required to be a bona fide restaurant, which is conditioned per COA NO. 5 of Resolution No. 2011-39. Live entertainment activities should not be considered the primary use of the establishment. Live entertainment is an ancillary use for this restaurant business and was permitted to operate subject to complying with the conditions. The revocation of the CUP for live entertainment has no bearing on keeping the restaurant from operating in a manner consistent with a restaurant use.
Review of Other Live Entertainment / Restaurant Uses in the Downtown Area:
The City of Visalia has also reviewed all live entertainment CUPs issued for businesses in the downtown area. There is a total of nine CUPs approved with some form of live entertainment as follows:
1. Crawdaddy’s Restaurant: CUP No. 2005-40 approved to allow live entertainment.
2. Cellar Door: CUP No. 2009-17 approved to allow live entertainment and dancing along with other special events.
3. Downtown Rookies Sports Bar and Grill: CUP No. 2011-18 approved to allow live entertainment and dancing.
4. Visalia Brewing Company: CUP No. 2012-12 approved to allow live entertainment and karaoke.
5. Sequioa Brewing: CUP No. 2014-28 approved to allow live entertainment.
6. Blend Wine Room: CUP No. 2015-05 approved to allow live music.
7. Barrelhouse Brewing Company: CUP No. 2017-23 approved to allow live entertainment.
8. Corbey’s Rock n Roll Heroes: CUP No. 2021-12 approved to allow live entertainment.
9. Los Culichis Sushi and Bar: CUP No. 2023-27 approved to allow live entertainment.
Staff conducted a review of calls for service to these establishments from January 2024 to August Visalia City Council Printed on 10/17/2024Page 8 of 10
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File #: 24-0426 Agenda Date: 10/21/2024 Agenda #: 2.
Staff conducted a review of calls for service to these establishments from January 2024 to August 2024, and notes the following:
Table 1-3
Business # of Calls DURING HOURS OF
LIVE ENTERTAINMENT
Crawdaddy’s Restaurant 10 1
Cellar Door 14 0
Downtown Rookies Sports Bar and
Grill
48 25
Visalia Brewing Company 16 13
Sequioa Brewing 12 No live entertainment
conducted at this
establishment during
reporting timeline
Blend Wine Room 0 0
Barrelhouse Brewing Company 7 4
Corbey’s Rock n Roll Heroes 12 2
Los Culichis Sushi and Bar 14 9
*With the exception of Downtown Rookies restaurant, the numbers identified for each establishment during live entertainment have not been further reviewed to remove calls for service that may not be directly associated with that business.
Based on the number of calls for service to establishments in the downtown area permitted to host live entertainment activities, and particularly the number of calls during hours of live entertainment as noted in Table 1-1, it is apparent that during live entertainment hours for Downtown Rookies Sports Bar and Grill, police assistance is needed more frequently, creating an undue burden for law enforcement. As noted in the “Analysis of Live Entertainment Revocation Request” section above, the excessive calls for service could be attributed to the owner/operator failing to ensure that the proper protocols are met based on the conditions of approval that are designed to help control and manage patrons of the establishment in a safe manner when live entertainment is provided. Staff concludes, based on the analysis provided in the staff report, CUP No. 2011-18 should be revoked.
Fiscal Impact: None.
Prior Council Action: None.
Other:
On September 23, 2024, the Planning Commission approved the revocation of Conditional Use Permit No. 2011-18, by a vote of 3-1, Commissioner Peck, No; Commissioner Tavarez absent.
On September 12, 2011, Conditional Use Permit No. 2011-18 was approved by the Planning Commission which allows live entertainment and dancing in conjunction with Downtown Rookies Sports Bar and Grill located at 215 East Main Street, in the Central Business District (now referred to as the Downtown Mixed Use) Zone.
Recommended Motion (and Alternative Motions if expected):
I move to deny the appeal and uphold the Planning Commission’srevocation of Conditional Use Visalia City Council Printed on 10/17/2024Page 9 of 10
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Permit No. 2011-18 per Resolution No. 2024-59.
Environmental Assessment Status: None.
CEQA Review: None.
Attachments:
1. Resolution No. 2024-59 denying the appeal and upholding the Planning Commission’s revocation of Conditional Use Permit No. 2011-18
2. Attachment 1 - Appeal by Duane Rodriguez, owner Downtown Rookies Sports Bar and Grill
3. Attachment 2 - Notice of Conditional Use Permit Suspension
4. Attachment 3 - September 23, 2024, Planning Commission Staff Report
5. Attachment 4 - Planning Commission Resolution No. 2024-61
6. Attachment 5 - Letter of Support dated September 23, 2024
7. Attachment 6 - Late Correspondence memorandum and letter from Duane Rodriguez
8. Attachment 7 - Calls for Service 2023 & January 1st through August 4th 2024
9. Attachment 8 - Resolution No. 2011-39 & Conditional Use Permit No. 2011-18 Staff Report dated September 12, 2011
10. Aerial Map
11. PowerPoint Presentation
Visalia City Council Printed on 10/17/2024Page 10 of 10 powered by Legistar™
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Aerial Map
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Vicinity Map
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381
City of Visalia
Public Hearing
City Council Meeting
October 21, 2024
382
City Council Public Hearing
October 21, 2024
Summary
• Planning Commission held public hearing to
consider revocation of CUP 2011-18.
• Revocation is in response to violations of
terms & conditions when live entertainment
activities occur.
• Only related to live entertainment; restaurant
use continues to be permitted to operate.
• Commission approved revocation.
• Applicant filed an appeal.
383
City Council Public Hearing
October 21, 2024
Recommendation
• After receiving staff’s presentation, and
taking public comment, staff
recommends:
– Deny the appeal and uphold the Planning
Commission’s revocation of CUP No. 2011-
18. • In lieu of staff’s recommendation,
alternatives are noted in the staff report.
384
City Council Public Hearing
October 21, 2024
Background
• CUP No. 2011-18 approved on 09/12/2011.
• Live entertainment provided 4 nights per week
from 9 pm to 1 am.
• Several conditions adopted for live
entertainment to address operations, crowd
control, & security measures.
• Conditions adopted to ensure a safe
environment provided during live entertainment
for patrons & downtown area.
385
City Council Public Hearing
October 21, 2024
Background
• On March 25, 2021 a declaration of
public nuisance issued against the
business.
• Issued due to excessive police calls to
property.
• Property owner met w/ business owner
advising them of the issues.
• Continued monitoring the business.
386
City Council Public Hearing
October 21, 2024
Suspension of CUP
• In 2023 & 2024 calls for service (CFS) begin
to increase.
• Review of calls conducted & incidents
occurring.
• CUP Suspension letter issued to cease live
entertainment.
387
City Council Public Hearing
October 21, 2024
Consideration for Revocation
• Staff moved to set a hearing to have the CUP
revoked.
• Re-review of all CFS.
• When did the calls occur (during or after
entertainment hours).
• Remaining calls were for calls generated by
citizens nearby or initiated by VPD in
response to issues at this location.
388
City Council Public Hearing
October 21, 2024
Consideration for Revocation
• Also considered how CFS were generated
and noted calls for assistance from
employees should not be considered.
389
City Council Public Hearing
October 21, 2024
Planning Commission Hearing
During Hearing, staff provided the following:
• Need for police presence at the business has
escalated.
• Contributed to the lack of proper management
when live entertainment activities were
occurring
• Police officers observed staff not implementing
security measures as conditioned.
• Large groups of people congregating in front of
business on multiple occasions.
390
City Council Public Hearing
October 21, 2024
Planning Commission Hearing
• Security staff informed allowing people to
congregate in front of business is a violation
of CUP conditions.
• Issue occurred again during a homicide
investigation.
• Investigation found victim was part of large
group of people allowed to congregate in
front of the business.
• In addition, live entertainment activities were
occurring beyond 1:00 am.
391
City Council Public Hearing
October 21, 2024
Planning Commission Cont.
• Public comment received from an individual
in support of revocation.
• Applicant gave public testimony in opposition
to information presented. Owner contends:
– Calls for service not accurate.
– Crowd control on public streets difficult to
enforce.
– Informed that business was “doing a good job”.
– Requested Commission to allow live
entertainment w/ changes.
392
City Council Public Hearing
October 21, 2024
Appeal
• Appeal filed Sept. 26, 2024 by business
owner Duane Rodriguez.
• Appeal states:
– CFS numbers reported are “inflated”.
– Code Enforcement not responded to
request to address illegal food vendors.
• Additional video information also
provided by owner.
393
City Council Public Hearing
October 21, 2024
Response to Appeal
• Revocation process is not taken lightly by
staff.
• In response to accusation of inflated
numbers, staff’s review focused on which
calls were counted.
• Calls generated by employees not counted &
removed from count.
• Updated calls for service provided on Table
1-2.
394
City Council Public Hearing
October 21, 2024
Response to Appeal
395
City Council Public Hearing
October 21, 2024
Response to Appeal
• CFS provided in both tables demonstrate
need for police presence.
• Attachment 7 confirms CFS are consistent &
reflect need for police assistance.
• Issues occurring during CFS include:
• Fighting • Homicide
• Verbal Disturbance • Retaliation concerns due
to homicide
• Intoxicated Persons
396
City Council Public Hearing
October 21, 2024
Response to Appeal
• In response to complaints received
regarding late night vendors.
• Code Enforcement provided late night
detail.
• Five details done covering Jan., Feb.,
May, & Aug.
• Details were done from 9 pm to 12
am.
397
City Council Public Hearing
October 21, 2024
Review of other Live Entertainment CUPs
398
City Council Public Hearing
October 21, 2024
Revocation of CUP
• Based on this review, clearly apparent during
live entertainment police assistance is
needed more frequently.
• Creates an undue burden for law
enforcement.
• Could be attributed to owner/operator failing
to ensure proper protocols are met to help
control and manage patrons in a safe manner
when live entertainment is provided.
399
City Council Public Hearing
October 21, 2024
Revocation of CUP
• Live entertainment is an ancillary use (not
the primary use).
• Downtown Rookies Sports Bar & Grill is
required to be a bona fide restaurant.
• Revocation of live entertainment has no
bearing on keeping the restaurant from
operating.
• Based on the analysis, CUP should be
revoked & appeal should be denied.
400
City Council Public Hearing
October 21, 2024
Recommendation
• After receiving staff’s presentation,
and taking public comment, staff
recommends:
–Deny the appeal and uphold the
Planning Commission’s revocation of
CUP 2011-18.
401
City Council Public Hearing
October 21, 2024
Questions
402
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0242 Agenda Date: 10/21/2024 Agenda #: 1.
Agenda Item Wording:
Upcoming City Council Meetings
Thursday, October 24, 2024 @ 5:30 p.m. at 5000 W. Cypress Ave. (Joint Meeting with VUSD) Monday, November 4, 2024 @ 7:00 p.m. at 707 W. Acequia
Monday, November 18, 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.
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