Agenda packet — Visalia City Council, November 4, 2024

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, November 4, 2024

ROLL CALL
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

SPECIAL PRESENTATION / RECOGNITION

1. Resolution of Commendation for 165th Anniversary of Four Creeks Lodge #94 of the Independent Order of Odd Fellows Grand Lodge 24-0467

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

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1 Visalia City Council Meeting Agenda - Final November 4, 2024

1. Authorization to read ordinances by title only. 24-0381

2. Authorization to Amend a Service Agreement - Authorize the City Manager to amend a Professional Services Agreement with Carahsoft Technology Corporation for technology assistance through Cellebrite Premium Services in the amount of $130,562 through August 31, 2028.
24-0346

3. Award a contract for Sulfatreat 410CHP media - Authorize the City Manager to award a 5-year sole source contract to
Schlumberger Purification Solutions for the supply of Sulfatreat 410CHP media for the Water Reclamation Facility, not to exceed $80,000 per year, totaling $400,000 over the life of the contract. 24-0436

4. Award Contract for Airfield Sweeper - Authorize the City Manager to enter into a contract for the replacement of the airfield sweeper to GCS Environmental Services, Inc. for a total cost of $430,688, of which $385,999 will be paid through a previously awarded Federal Aviation Administration grant.
24-0451

5. Authorize the City Manager to extend contract for Building Safety Plan Check and Related Services on an emergency basis to Interwest Consulting Group Inc, not to exceed $600,000 for one year ending October 7, 2025 and appropriate an additional $450,000 from the Building Safety Enterprise Fund.
24-0453

6. Record Final Map and Reimbursement Agreement - Request authorization to record the final map for Victory Oaks Phase 2 Subdivision, located on the north side of Ferguson Avenue approximately 800 feet west of Demaree Street; and authorize the City Manager to execute the reimbursement agreement for Lot C dedicated with Victory Oaks Phase 1 for Park and Recreation Facilities.
24-0455

7. Authorize Application and Acceptance of Grant Funds - Authorize staff to apply, accept, and appropriate grant funds from the San Joaquin Valley Air Pollution Control District in the amount of $6,236 in to the airport fund.
24-0459

8. Authorization of an Amendment and Extension to Professional Services Agreement - Authorize the City Manager to enter into an amendment with Brandley Engineering for engineering services associated with the acquisition of a replacement airfield sweeper in the amount of $36,200, and extend the Professional Services Agreement with the City of Visalia to include the completion of the in-progress replacement airfield sweeper acquisition, pavement maintenance management plan, and new terminal design project. 24-0460

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2 Visalia City Council Meeting Agenda - Final November 4, 2024

9. Kaweah Health Transportation Alternatives Study Update - Authorization to approve both the budget and scope revision to TJKM for the Kaweah Health Alternative Parking Study project, and appropriate an additional $22,000 to the project as allocated by the Tulare County Association of Governments.
24-0461

10. Record Carleton Acres Phase 1A Final Map - Request
authorization to record the final map for Carleton Acres Phase 1A subdivision, located one-quarter mile north of Riggin Ave between Shirk Street and Denton Street (73 lots).
24-0465

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

1. Ordinance Adoption - A Public Hearing and First Reading of Ordinance No. 2024-11, a request by the City of Visalia to amend Visalia Municipal Code Section 12.48 “Special Events” by adding a definition for Street Frontage.
24-0448

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. Upcoming City Council Meetings
Monday, November 18, 2024 @ 7:00 p.m. at 707 W. Acequia Tuesday, December 3, 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.
24-0424

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3 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0467 Agenda Date: 11/4/2024 Agenda #: 1.

Agenda Item Wording:

Resolution of Commendation for 165th Anniversary of Four Creeks Lodge #94 of the Independent Order of Odd Fellows Grand Lodge
Visalia City Council Printed on 11/1/2024Page 1 of 1
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4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0381 Agenda Date: 11/4/2024 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Printed on 11/1/2024Page 1 of 1
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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0346 Agenda Date: 11/4/2024 Agenda #: 2.

Agenda Item Wording:

Authorization to Amend a Service Agreement - Authorize the City Manager to amend a Professional Services Agreement with Carahsoft Technology Corporation for technology assistance through Cellebrite Premium Services in the amount of $130,562 through August 31, 2028.

Deadline for Action: 11/4/2024
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]>; Lieutenant Mike Verissimo, ext. 4154, [email protected] < mailto:[email protected]>
Department Recommendation:

Authorize the City Manager to amend a Professional Services Agreement (C24036) with Carahsoft Technology Corporation under a California Multiple Award Schedule 3-20-70-2247G (CMAS) for Cellebrite Premium Services in the amount of $130,562 through August 31, 2028. Cellebrite Premium Services provides the Visalia Police Department Crime Lab Unit with an essential tool to unlock cell phones. Over the next four (4) years the cost of all Cellebrite services is estimated at $205,110. Staff is requesting a budget transfer from CIP CP0675 to the Police Operating Budget since there are no implementation costs and only an annual subscription/ maintenance fee.

Summary:

The Visalia Police Department currently has a Professional Services Agreement (C24036) under a California Multiple Award Schedule (CMAS) contract with Carahsoft Technology Corporation. The agreement was established in November 2023 and provides the Department with two (2) different subscriptions (Cellebrite’sUFED4PC and Cloud Analyzer). Cellebrite’sPremium as a Service (Pro Package) leverages Cellebrite’sresearch and development to focus on the unlocking of iOS and Android devices using its proprietary technology. Their unique technology utilizes brute force techniques and exploits to defeat locked devices. This forensic tool works with Cellebrite UFED4PC, which we already are licensed for, to create a robust forensic tool kit capable of unlocking, obtaining, and decoding data that has become so critical to our investigations. This type of forensic tool is a force multiplier by assisting investigations through the gathering of actionable intelligence and providing the necessary tools to develop investigative leads, provide link analysis, and prepare court exhibits that are compliant within the scope of the applicable search warrant.

Background Discussion:

The Visalia Police Department has used Cellebrite’s forensic tools for mobile (cellphone/tablet) forensics for the last 12 years. The Department’s current forensic tools consist of Cellebrite’s Universal Forensic Evidence Device (UFED) Cloud Analyzer (one license) and Cellebrite’sUFED4PC Visalia City Council Printed on 11/1/2024Page 1 of 3
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6 File #: 24-0346 Agenda Date: 11/4/2024 Agenda #: 2.

Universal Forensic Evidence Device (UFED) Cloud Analyzer (one license) and Cellebrite’sUFED4PC (two licenses). The UFED Cloud Analyzer utilizes active tokens obtained from mobile devices to access and obtain data from the user’scloud services accounts such as social media (ex: Facebook) and media storage (ex: Drop Box). Cellebrite’sUFED4PC is the forensic tool utilized to acquire the data from the device. These tools are industry leaders used by City, State, and or Federal Governments, the Military, and Foreign Nations. They do an excellent job obtaining data from mobile devices. As good as these tools are, they are not able to acquire data from locked iOS and most locked Android devices.

The security of mobile devices has increasingly become a marketing tool for cell phone manufacturers such as Apple and Samsung. These businesses are constantly updating their device’s operating systems and hardware and work hard to patch exploits used to obtain data. Apple’siOS is exceptionally difficult to defeat and businesses such as MSAB, Grayshift, and Cellebrite have spent a large amount of time and money researching and developing their tools to defeat these devices. In the Visalia Police Crime Lab Unit, approximately 70-80% of the devices they receive are locked; preventing access to these devices or the data that they contain.

Fiscal Impact:

No new appropriation is required. This is also a request to process a transfer from CIP budget to Operating budget 2104-55520 in the amount of $30,400 and amend contract C24036. The cost for this vendor now exceeds $100,000 over five (5) years. The cost of Cellebrite services over a four (4) -year period is $205,110 which includes projected increase of 5% annually. The Visalia Police Department will be utilizing three (3) separate Cellebrite subscriptions in the Crime Lab Unit. They are UFED Cloud, UFED4 PC Ultimate and the new addition of Cellebrite Premium as a Service (Pro Package), which will provide 140 unlocks and unlimited extractions from locked devices.

Projected Cost Over the Next Four (4) Years
Description FY 24/25 FY25/26 FY 26/27 FY 27/28 Total
UFED 4PC Ultimate$13,626 $14,307 $15,023 $15,774 $58,730 UFED Cloud (Full Analyzer)$3,670 $3,853 $4,046 $4,248 $15,818 Premium Extraction (New)$30,292 $31,807 $33,397 $35,067 $130,56 2 Annual Total $47,588 $49,967 $52,466 $55,089 $205,11
0 Prior Council Action: None.

Other: N/A
Alternatives: Not amend the agreement.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to amend a Professional Services Agreement with Carahsoft Technology Corporation for technology assistance through Cellebrite Premium Services in the amount of $130,562 through August 31, 2028.

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7 File #: 24-0346 Agenda Date: 11/4/2024 Agenda #: 2.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: None.

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8 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0436 Agenda Date: 11/4/2024 Agenda #: 3.

Agenda Item Wording:

Award a contract for Sulfatreat 410CHP media - Authorize the City Manager to award a 5-year sole source contract to Schlumberger Purification Solutions for the supply of Sulfatreat 410CHP media for the Water Reclamation Facility, not to exceed $80,000 per year, totaling $400,000 over the life of the contract.

Deadline for Action: 11/4/2024
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 authorize the City Manager to award a 5-year sole source contract to Schlumberger Purification Solutions for the supply of Sulfatreat 410CHP media to the Water Reclamation Facility, not to exceed $80,000 per year, totaling $400,000 over the life of the contract.

Background Discussion:

The Water Reclamation Facility (WRF) upgrades in 2017 originally included the installation of a Renewable Power Generation System (RPGS) to generate power. The plans were initially approved by the San Joaquin Valley Air Pollution Control District. Unfortunately, a combination of regulatory hurdles, delays with contractors, and delays in coordination efforts with the local electrical utility have deferred commissioning of the RPGS for several years. As a result, most of the 5-year contracts established during the construction of the RPGS have since expired and, now that the start-up of the system is nearing, need to be re-established.

Anaerobic digestion is utilized as a part of the treatment process at the WRF. A by-product of anaerobic digestion is renewable bio-gas. Bio-gas can be used as a fuel source as it has a fuel content of about 65% of that of natural gas. Bio-gas at the WRF will be used to fuel the RPGS, which produces electricity that will be used at the WRF to reduce the amount of power that must be purchased from the local electrical provider.

Bio-gas naturally contains various impurities, including corrosive hydrogen sulfide (H2S) compounds.

In order to protect the RPGS and to comply with the Air Pollution Control District’s emission standards, the hydrogen sulfide concentration in the bio-gas must be reduced to less than 10 parts per million. This is accomplished using two techniques. First, ferric chloride is added to the anaerobic digestion process to limit the production of H2S to below 200 parts per million (ppm). Second, the bio- gas passes through a media which absorbs H2S, thus reducing the concentration below 10 ppm. 2 Visalia City Council Printed on 11/1/2024Page 1 of 2
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9 File #: 24-0436 Agenda Date: 11/4/2024 Agenda #: 3.

There are several types of H2S removal media available in the marketplace, all with different performance and use characteristics. During project design, laboratory tests were conducted on the WRF’s bio-gas to determine the media that would be most effective for the City. As a result, the system was designed a sized based on the use of Sulfatreat media, a proprietary product manufactured by Schlumberger Purification Solutions. They are the sole provider of this product.

Fiscal Impact:

Schlumberger’s quoted price for the Sulfatreat media, associated filters, freight, and tax is $67,212.46. An annual not to exceed amount of $80,000 is being requested to cover incidental variances in freight costs and anticipated rising costs due to inflation. Annually, $265,000 is budgeted within Capital Improvement Project CP0440 (Anaerobic Digester Gas Cleaning) from the WRF Fund (431) to cover these types of expenses.

Prior Council Action: 05/09/2019 - Council granted authorization to award an annual sole source contract to Schlumberger Purification Solutions with the option to renew up to four consecutive one- year terms.

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

Authorize the City Manager to award a 5-year sole source contract to Schlumberger Purification Solutions for the supply of Sulfatreat 410CHP media to the Water Reclamation Facility, not to exceed $80,000 per year, totaling $400,000 over the life of the contract.

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

Sulfatreat Quote
Levine Act
Sole Source Statement
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10 11
SLB-Private

12 M-I LLC, 1430 Enclave Parkway, Houston, TX 77077
(Legal entity to be used on purchase order)

Quotation
Prepared For:

Ben Litwack
949-294-0577,
Email : [email protected]
Date:
10/23/2024
Application:

Visalia WWTP
Quotation No:
3173337
PRODUCT DESCRIPTION:

Item
No
Description
Qty
UOM
Unit Price (USD)
Total Price (USD)
1 SULFATREAT 410CHP, 2000 LB
Hazardous Class - NonHaz
36 BAG
1,360.00
48,960.00
2 FOAM FILTER 124 INCHES
2 EA
1,729.80
3,459.60
3 SULFATREAT SCREEN 40 MESH - 120 INCHES
2 ea
822.67
1,645.34
4 Freight Estimate
2 EA
4,226.00
8,452.00
5 Shipping for Screen
1 EA
100.00
100.00
6 Estimated tax (8.5%)
1 EA
4,595.52
4,595.52
Total
67,212.46
*Excludes taxes and duties unless otherwise stated.

QUOTE CONDITIONS
Incoterms:

EX WORKS
Price Validity:
30 Days
Payment Terms:
30 Days Net
Delivery Time:
2 Weeks
Origin of Goods:

USA
Notes:

Yours Sincerely,
Brian Kay
Schlumberger Purification Solutions
Sales Representative
Phone : +1 805 460 6100
Email : [email protected]

SLB Terms and Conditions of Sale shall apply unless agreed otherwise. 13 Pricing & Commercial Notes

# Subject Pricing Notes

1. Proposal Validity Period A proposal shall be valid for thirty (30) days from the Proposal Date and shall expire if not accepted by Customer in writing or via PDF electronic signature during the validity period. Schlumberger reserves the sole right to extend the validity period as a convenience to Customer.

2. Third-Party Markup All reimbursable and/or third-party items/services provided/facilitated by Schlumberger will include a twenty percent (20%) markup on documented cost, unless otherwise quoted differently in the Pricing Quotation section of this proposal.

3. Third-Party Engagement For the purposes of performing services under a proposal, Schlumberger reserves the right to engage third-party contractors (including but not limited to products, tools, equipment, personnel, consultants, vendors and other third-parties) as it deems necessary or desirable under the terms and conditions of these Notes.

4. Third-Party Direct Bill Schlumberger prefers that Customer deal with third party directly, but at Customer's request third-party items can be direct billed to Schlumberger by third party vendor/supplier and re-billed to Customer with the applicable percentage markup. In this scenario, third-party items that go missing while in Customer possession will also be billed to Customer including the applicable percentage markup. Customer may avoid markup by entering into direct bill arrangements with third-party vendor/supplier. Where direct bill arrangements exist, Customer will notify Schlumberger of the direct billing arrangements within a reasonable time prior to commencement of the relevant portion of the work.

5. Standard Price
Escalation
Prices shall be subject to adjustment in the event Schlumberger is impacted by a cost increase. Such cost increase may originate from the following included, but not limited events: (i) a labor and/or product costs increase, including transportation; (ii) a change in the law, regulation, rules, etc. (state, federal or other); and/or (iii) a change in activity/scope of work. At the request of Customer, Schlumberger can provide supporting documentation of any such cost increase.

6. Downtime Schlumberger shall not be responsible for delays and/or non-productive time (“NPT”) that are caused by any non-quoted products/services within this proposal, regardless of the product/service provider. In case of delays and/or NPT caused by other services or products, the charges for personnel, rentals and/or stand-by will continue to be charged to Customer.

7. Job Preparation To ensure good communication, Schlumberger recommends performing a thorough site survey and conducting an operations meeting with on-site representatives prior to mobilizing for Customer work.

8. Personnel Assignment Schlumberger reserves the right to select and assign field and/or office personnel with the appropriate experience and competency for Customer's work.

9. Hot Shot/Expedited Hot shot/Expedited fees are applicable for any short notice delivery.

10. Lead Time Minimum lead time will be agreed with Customer at the time of request for work under this Agreement.

Lead time commences after all of the following events occurs: (i) Schlumberger receipt of a signed copy of the proposal or valid acceptance during the Validity Period and if possible (ii) Schlumberger written acceptance of a Customer's issued request for work under this proposal. (iii) When applicable, reception of approved drawings from Customer.

11. Waste Customer shall at all times be considered the generator of all Waste and except to the extent specifically provided in the scope of services, shall always be responsible for arranging the disposal of Waste generated in the performance of services. Schlumberger shall not take ownership of Waste, shall not discharge Waste, and shall not be responsible for the transportation or disposal of Waste. Waste shall mean any garbage or refuse, sludge, debris, by-products or other abandoned or recycled material or any material that is inherently waste-like, whether solid or liquid and whether hazardous or not, including but not limited to treated or untreated drill cuttings, carvings, radioactive tracer material, and flowback fluid.

Customer shall indemnify, defend and hold-harmless Schlumberger for all Claims arising from or related to the generation, handling, transportation, storage, recycling, and/or disposal of Waste.

14 Pricing Notes - Purification Solutions
# Subject Pricing Notes

1. Quoted Items Rates in the Pricing Section of the proposal are applicable to quoted items and are not inclusive of items required to transport, installation, power, operate, use, extend the utility of, remove quoted items (e.g. crane, forklift, track- hoe/back-hoe, roustabouts, generators, compressors, vessels, lighting, consumables, third party items, connections to third party items, rig-up/down, items required for rig up/down, etc.), which are Customer’s responsibility. Items not quoted that are requested by Customer will be discussed on request.

2. Inventory
Orders
Schlumberger reserves the right to sell any inventory to any customer on a first come first served basis and therefore, does not guarantee Product availability before Customer places an order with Schlumberger. If at the time of placing an order Schlumberger no longer has the required quantities of Product, Schlumberger shall advise the Customer accordingly and the parties shall discuss, in good faith, adjustments to delivery dates and/or pricing.

Schlumberger shall have no liability for being unable to meet the delivery date or price specified in the quotation or order.

3. Product Resale In the event Customer resells the Products, Schlumberger hereby disclaims all warranties, whether expressed, implied, statutory or otherwise. Customer shall not make any warranty on Schlumberger behalf. Unless agreed otherwise in writing, if Customer resells the Products, the Customer shall ensure that its customer or the new third party agrees that Schlumberger shall have no liability to its customer in respect of the Products including its performance or non-performance whether in contract, tort (including negligence) or otherwise and that the customer shall make no claim against the Schlumberger in respect of the Products or related support. The Customer shall indemnify Schlumberger in full in respect of any such claim that is made.

4. Product
Loading &
Change-outs
Customer agrees to read and comply with Schlumberger Loading and Change Out Procedures referenced in the appendix section of the proposal and inform all Customer Group members of such procedures and their understanding and compliance therewith. Failure to comply will result in voiding of product warranty.

5. Transportation Proposal is based on Ex-works M-I facility (Incoterms, 2010). Customer is responsible for all transportation costs to and from site location and/or Customer facility. Round trip transportation (trucking and freight) facilitated by Schlumberger will be direct billed or will be a pass through charge by documented cost plus the applicable markup stated in these Notes. Schlumberger will attempt to use Customer-approved company if possible and alligned with Schlumberger Vendor criteria.

6. Product
Specifications
Schlumberger reserves the right to modify its product specification as part of its continuous product improvement and development. A substitute product may be offered in lieu of the quoted product so long as it is of equivalent or better performance at no additional cost to the Customer.

15 Schlumberger-Private

16 Schlumberger-Private

17 Schlumberger-Private

18 Schlumberger-Private

19 Schlumberger-Private
20 Schlumberger-Private

21 Schlumberger-Private

22 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0451 Agenda Date: 11/4/2024 Agenda #: 4.

Agenda Item Wording:

Award Contract for Airfield Sweeper - Authorize the City Manager to enter into a contract for the replacement of the airfield sweeper to GCS Environmental Services, Inc. for a total cost of $430,688, of which $385,999 will be paid through a previously awarded Federal Aviation Administration grant.

Deadline for Action: None
Submitting Department: Administration - Airport
Contact Name and Phone Number:

Jody Miller, Airport Manager, (559)713-4282, [email protected] John Lollis, Assistant City Manager, (559)713-4323, [email protected] Department Recommendation:

Staff recommends that the City Council authorize the City Manager to enter into a contract with GCS Environmental Equipment Services, Inc. (GCS) for the previously budgeted amount of $430,688 for the acquisition of a replacement airfield sweeper.

Background Discussion:

Airport Division staff has worked in conjunction with the City’sPurchasing Division and Brandley Engineering to complete a Request for Bids (RFB) for a replacement airfield sweeper. This process concluded with the selection of the attached bid from GCS. When Airport staff last presented this project to Council at its meeting on September 3, 2024, the Council approved to conditionally accept Federal Aviation Administration (FAA) grant funds of $385,999, during which it was stated that upon officially being awarded the grant funds by the FAA, staff would return to Council to request the award of contract to GCS.

Fiscal Impact:

There is no additional fiscal impact associated to the awarding of the work to GCS. The acquisition of a replacement airfield sweeper was originally appropriated in the 2023-24 Fiscal Year CIP Budget, which was subsequently rolled over to the current fiscal year. Airport staff previously presented to Council at its meeting on September 3, 2024, to appropriate the additional funds necessary to cover the updated costs of the project and to conditionally accept the FAA grant of $385,999 which will fund ninety percent (90%) of the airfield sweeper acquisition.

Prior Council Action:

September 3, 2024: Council authorized staff to conditionally accept $385,999 in FAA grant funds and appropriate $162,032 in additional funds to fully-fund the project amount of $430,688.

Alternatives: City Council could act not to award the project to GCS, and staff would investigate other options to move forward with the airfield sweeper acquisition.

Visalia City Council Printed on 11/1/2024Page 1 of 2
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23 File #: 24-0451 Agenda Date: 11/4/2024 Agenda #: 4.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a contract for providing the airfield sweeper replacement to GCS Environmental Services, Inc. for a total cost of $430,688, of which $385,999 will be paid by a previously awarded FAA grant.

Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments: .

1. Airfield Sweeper Replacement Cost Breakdown

2. GCS Environmental Services Inc Selected Bid

3. City Council Staff Report: September 3, 2024

4. Vehicle Replacement Authorization Form
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24 ATTACHMENT 1A
Item Unit TotalNo. Description Unit Cost Quantity Cost1Airfield SweeperL.S. L.S. L.S. 381,494.00$ Total Base Bid381,494.00$ 1-1One Gutter Brush Broom Attachment with Poly Brushes on Driver's Side*L.S. L.S. L.S. 1,800.00$ Total Alternate 11,800.00$ CO1-1Front Bumper Mounted MagnetL.S. L.S. L.S. 1,193.50$ Total Change Order 11,193.50$ Total Acquisition384,487.50$ *Not eligible for FAA funding.Change Order No. 1Base BidAlternate 1 - Non FAA EligibleVISALIA MUNICIPAL AIRPORTCITY OF VISALIA, CALIFORNIA2024 AIRPORT INFRASTRUCTURE GRANT (AIG)ACQUISITION COSTS BASED ON BIDSAcquire Airfield Sweeper Attachment 1A8/5/202425
ATTACHMENT NO. 1BHours Rate TotalProject FormulationDBE Program and Goal Preparation 11,000.00$ Brandley Supervision/Coordination 1,100.00 NEPA Environmental Document 1,000.00 Brandley Supervision/Coordination 100.00 Total Project Formulation13,200.00$ Engineering Design and Preparation of Specifications Principal Engineer 15.5 300.00$ 4,650.00$ Junior Engineer 37.0 120.00 4,440.00 Project Administrator 16.0 100.00 1,600.00 Total Design and Preparation of Specifications10,690.00$ Use10,700.00$ Engineering During Bid and Award Principal Engineer 12.0 300.00$ 3,600.00$ Junior Engineer 8.0 120.00 960.00 Project Administrator 8.0 100.00 800.00 Clerical 5.0 85.00 425.00 Total Engineering During Bid & Award5,785.00$ Use5,800.00$ Equipment Review and Inspection, Final Project Closeout Principal Engineer 15.0 300.00$ 4,500.00$ Junior Engineer 5.0 120.00 600.00 Project Administrator 10.0 100.00 1,000.00 Clerical 5.0 85.00 425.00 Total Equipment Inspection, Final Closeout6,525.00$ Use6,500.00$ TOTAL36,200.00$ VISALIA MUNICIPAL AIRPORTCITY OF VISALIA, CALIFORNIA2024 AIRPORT INFRASTRUCTURE GRANT (AIG)BREAKDOWN OF ENGINEERING COSTSAcquire Airfield SweeperStaffTotal Attachment 1B 8/5/202426
ATTACHMENT 1C
Salaries - City of Visalia/Visalia Municipal Airport 7,000.00$ Advertisement, Legal Fees, etc. 3,000.00 Total Administrative Costs 10,000.00$ VISALIA MUNICIPAL AIRPORTCITY OF VISALIA, CALIFORNIA2024 AIRPORT INFRASTRUCTURE GRANT (AIG)BREAKDOWN OF ADMINISTRATIVE COSTSAcquire Airfield Sweeper Attachment 1C8/5/202427
ATTACHMENT NO. 1D
1 0.24Equipment 384,487.50$ Engineering 36,200.00 Administration 10,000.00 Total Project Cost 430,687.50$ Less: Ineligible Cost - Alternate 1 (1,800.00) Total (FAA Eligible) Project Costs 428,887.50$ F.A.A. Participation - 90% 385,999.00$ Sponsor Participation - Grant Match (10%) + Ineligible Costs 44,688.50$ VISALIA MUNICIPAL AIRPORTCITY OF VISALIA, CALIFORNIA2024 AIRPORT INFRASTRUCTURE GRANT (AIG)SUMMARY OF PROJECT COSTSAcquire Airfield Sweeper Attachment 1D 8/5/202428
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31 July 10, 2024To Gladys Ruiz, Administrative Analyst Purchasing Division City of VisaliaRFB 23-24-74 Airfield Sweeper Bid Break Down:Base Bid $345,067.25Delivery, Freight, Warranties, Testing, Training ETC… $6,399.05Sales Tax @ 8.50% $30,027.70Alternate # 1 $1,800.00Total Bid $383,294.00 FOB Visalia CaRegards,Tracy R. PinkstonGCS Environmental Equipment Services Inc.121 East Street Woodland, CA 95776Office 530.681.1752 Mobile 530.681.1752Email: [email protected]: www.gcsees.com 32 33
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July 15, 2024To Gladys Ruiz, Administrator Analyst Purchasing Division City of VisaliaSubject: RFB 23-24-74 Bid Airfield SweeperFor this bid GCS Environmental Equipment Services Inc. was not able to find any suppliers that meet the DBE goals as stated on Exhibit B-14 (page 33) of the specifications. We contacted TYMCO several times and spoke with Kaye Morgan the Production/Sales Coordinator, Bobby Johnson VP of Marketing and Joe Fulbright the FAA Specialist at TYMCO. We also called a DBE trucking company in Southern CA we found that is a DBE and requested a quote to have them ship the Sweeper from TYMCO at Waco Texas to GCS EES, Inc in Woodland, CA they never responded. The Company Name is Munoz & Son Trucking Inc. Called them again on another phone number we found for them and the number has been disconnected. (714-280-9935)Regards,Tracy R. PinkstonGCS Environmental Equipment Services Inc.121 East Street Woodland, CA 95776Office 530.402.1850 Mobile 530.681.1752Email: [email protected]: www.gcsees.com 56 57
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Visalia City Council
Legislation Text
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Agenda Item Wording:

Accept Federal Grant Funds for New Airfield Sweeper - Authorize the conditional acceptance of a Federal Aviation Administration grant in the amount of $385,999 for the acquisition of a new airfield sweeper, and appropriate additional funds of $162,032 to increase the capital budget to $430,688.

Deadline for Action: None
Submitting Department: Administration - Airport
Contact Name and Phone Number:

Jody Miller, Airport Manager, 713-4282, [email protected] <mailto:[email protected]>, John Lollis, Assistant City Manager, 713-4323, [email protected] Department Recommendation:

Staff recommends that the City Council authorize staff to accept a Federal Aviation Administration (FAA) grant in the amount $385,999, and appropriate additional funds of $162,032, to increase the project’s capital budget to $430,688 to fund the acquisition of a new airfield sweeper on the conditional basis of the grant being as outlined in this report once the official offer is received by the FAA. Staff is preemptively bringing this to Council as the FAA now requires all grant offers be officially accepted within two (2) weeks of its offer.

Background Discussion:

An up-to-date and fully-functional airfield sweeper is critical to maintaining safe and orderly flight operations, as it is the main tool used to remove debris that can be dangerous to flight operations.

Visalia Municipal Airport’s current sweeper is more than twenty (20) years old, and between increasing maintenance costs and outdated technology, it is no longer feasible to rely on it to function as necessary and required.

Airport Division staff in conjunction with Brandley Engineering and the City’sPurchasing Department have recently completed a Request for Bids (RFB) process to begin the procurement of its replacement. This replacement was in the Council’sapproved Fiscal Year 2023-2024 Capital Budget which $268,656 was rolled over to this current year, thus needing the appropriation of $162,032 of additional funds to increase the capital budget.

Airport staff has not received the official FAA Grant offer yet; so any authorization given to accept the grant is contingent upon the grant being for the amount and terms given in this report, which if there are any discrepancies, airport staff will return to Council to consider the changes. The reason for getting pre-approval is that the FAA now requires a less than two-week turnaround from when a grant is offered and when it is accepted. With this expedited timeline, Airport Division staff would not have time to wait for the official grant offer, submit to Council for approval and transmit the acceptance letter within the limited time allotted.

File #: 24-0314, Version: 1
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File #: 24-0314, Version: 1
Airport Division staff will return to Council after formally accepting the grant to award the project to the selected bidder from the completed RFB process and officially award the project to the City- contracted engineering consultants Brandley Engineering.

In the included attachments, the first attachment has a cost breakdown for the project including all associated engineering and other ancillary costs, and the second attachment has a further detailed breakdown of the engineering costs. Additionally, as per FAA regulations, all project costs have been subject to an Independent Fee Estimate to verify their validity.

Fiscal Impact:

Visalia Municipal Airport would receive $385,999 in FAA grant funds to put towards the upcoming airfield sweeper acquisition. Total project cost will be $430,688, the remaining $44,689 in project cost will be split between $20,057 in State of California participation, and $24,632 from local Airport Funds.

The State of California funds will be given through a separate grant application process that is already guaranteed but will only become official once the FAA grant is officially accepted.

Prior Council Action:

N/A
Alternatives: City Council not authorize the acceptance of the federal grant and airport staff would explore other avenues to fund the proposed airfield sweeper acquisition.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to conditionally accept a federal grant in the amount of $385,999 for the acquisition of a new airfield sweeper, and appropriate additional funds of $160,688 to increase the Capital budget to $430,688
Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments:

1. Acquisition Costs Based on Bids

2. Engineering Scope of Work

3. Updated FAA Grant Application

4. Original FAA Grant Application

5. Bid Form - GCS Environmental Equipment Services, Inc.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0453 Agenda Date: 11/4/2024 Agenda #: 5.

Agenda Item Wording:

Authorize the City Manager to extend contract for Building Safety Plan Check and Related Services on an emergency basis to Interwest Consulting Group Inc, not to exceed $600,000 for one year ending October 7, 2025 and appropriate an additional $450,000 from the Building Safety Enterprise Fund.

Deadline for Action: 11/4/2024
Submitting Department: Community Development
Contact Name and Phone Number: Jason Huckleberry, Engineering & Building Dept Director, [email protected], (559) 713-4495
Department Recommendation:

Staff recommends that Council authorize the City Manager to extend the contract for Building Safety Plan Check and Related Services on an emergency basis to Interwest Consulting Group Inc for one year, ending October 7, 2025, not to exceed $600,000 and appropriate an additional $450,000 from the Building Safety Enterprise Fund.

Background Discussion:

On September 16, 2019, the City Council approved and awarded Interwest Consulting Group an annual contract for Building Division Plan Check (including building inspection and permit technician services) not to exceed $100,000 annually. The contract was subsequently amended on September 21, 2020, to not exceed $300,000 annually, and then again amended on September 7, 2021, to not exceed $600,000. Staff is preparing a Request for Proposals to readvertise these services in 2025 but will need to extend the current contract that was originally approved in 2019 on an emergency basis for an additional 12-months to allow for time to advertise, review and award a new contract for these services.

Although used sparingly, the Building Safety Division staff continue to utilize Interwest Consulting Group for 3rd party plan check review services. The division is anticipating one retirement in 2025 from the plan review team. When operating with staffing shortages, this contract will play an important role in ensuring our ability to continue to meet and exceed established plan review timeframes for the community. When requested to perform plan check services, Interwest Consulting Group receives 65% of the total plan review fee charged by the City of Visalia. The City of Visalia retains the remaining 35% of the plan review fee. The fees are collected in the Building Safety Enterprise Fund and the vendor is paid from that fund.

In addition to plan check services, for the last several years the City has experienced a high volume of inspection requests, routinely exceeding the amount of inspections our staff are able to perform daily. Additionally, the last several years have brought several large industrial and commercial Visalia City Council Printed on 11/1/2024Page 1 of 2
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File #: 24-0453 Agenda Date: 11/4/2024 Agenda #: 5.
projects that require extensive inspection hours which impacts our ability to meet the needs of the community. As such, the contract with Interwest Consulting Group Inc has consistently been used for building inspection services and has been highly successful. This effort will continue under this contract extension until inspection volumes decrease and existing staffing levels are able to consistently meet the needs of the community.

Fiscal Impact:

The contract is paid for out of the Building Safety Enterprise Fund from fees paid through building permits obtained by developers, contractors, and property owners. Interwest Consulting Group is paid 65% of City Plan Check Review Fees for “standard” plan review. The current Professional and Specialized budget for this service is $150,000. Staff is requesting an additional appropriation of $450,000 to be able to fund the previous annual contract increase approved in 2021. If permit activity and/or inspection requests decrease, these funds will not be used and will return to fund balance.

Prior Council Action: On September 7, 2021 City Council approved an amendment to the contract with Interwest Consulting Group Inc in an amount not to exceed $600,000 for Building Safety Division Plan Review and Related Services.

On September 21, 2020 City Council amended the contract with Interwest Consulting Group Inc in an amount not to exceed $300,000 for Building Safety Division Plan Review and Related Services, including the addition of Building Inspection and Permit Technician Services.

On September 16, 2019 City Council awarded a contract to Interwest Consulting Group Inc in an amount not to exceed $100,000 (renewable for four more years) for Building Safety Division Plan Review and Related Services.

Other: None
Alternatives: City Council may elect to deny the request and direct staff to process a formal Request for Proposals (RFP) to obtain a new contract for these services. If this is the case, delays in permit processing and inspections may be experienced while the RFP is processed through the Purchasing processes.

Recommended Motion (and Alternative Motions if expected):

I move to approve a 12-month extension of the annual contract with Interwest Consulting Group Inc for Building Safety Plan Check and Related Services in an amount not to exceed $600,000 and appropriate $450,000 from the Building Safety Enterprise Fund.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. Copy of Service Contract with Interwest Consulting Group Inc

2. Updated Billing Rates
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0455 Agenda Date: 11/4/2024 Agenda #: 6.

Agenda Item Wording:

Record Final Map and Reimbursement Agreement - Request authorization to record the final map for Victory Oaks Phase 2 Subdivision, located on the north side of Ferguson Avenue approximately 800 feet west of Demaree Street; and authorize the City Manager to execute the reimbursement agreement for Lot C dedicated with Victory Oaks Phase 1 for Park and Recreation Facilities.

Deadline for Action: 11/4/2024
Submitting Department: Community Development
Contact Name and Phone Number: Associate Engineer - (559)713-4364, [email protected] <mailto:[email protected]>, Chris Crawford, City Engineer - (559)713-4364, [email protected] <mailto:[email protected]> Jason Huckleberry, Director of Eng & Bldg - (559)713-4495, [email protected] < mailto:[email protected]>
Department Recommendation:

Staff recommends that City Council authorize the recordation of the final map for Victory Oaks Phase 2 subdivision, located on the north side of Ferguson Avenue approximately 800 feet west of Demaree Street (44 Lots), and recommends authorizing the City Manager to execute the reimbursement agreement in the amount of $299,128.79 for Lot C of the Victory Oaks Phase 1 final map, a 1.99-acre parcel dedicated to the City for park development, located at the northwest corner of the subdivision.

Background Discussion:

The Final map for Victory Oaks Phase 2 Subdivision will subdivide 9-acre parcel into a 44-lots for residential development, this is the second and final phase for the tentative subdivision map (TSM 5586) Victory Oaks. Public right of way improvements, including the center median, along Ferguson Avenue were installed by the first phase of Victory Oaks. Victory Oaks Phase 2 will install internal local road improvements within the subdivision boundary.

The final map is ready for recording, all bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, VoV Capital LP, A California Limited Partnership, as follows:
1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $1,601,451.20, a Labor and Materials Bond in the amount of $800,725;, a Maintenance Bond in the amount of $160,145.12; 3) cash payment of $125,448.10 distributed to various accounts to cover City fees; and 4) final map. All required items have been submitted and approved by the City prior to the final map being executed and recorded.

The Landscape and Lighting Assessment District No. 24-04 was previously reviewed and approved as to form by the Landscape and Lighting District Committee. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO).

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File #: 24-0455 Agenda Date: 11/4/2024 Agenda #: 6.

Reimbursement Agreement for Park Lot
Victory Oaks Phase 1 final map dedicated Lot C, an 86,867 SF (appx. 1.99ac) lot to the City for a future neighborhood park. The City Parks and Recreation Department had prepared to acquire the land by map dedication and then design and build a neighborhood park by creating a Capital Improvement Project (CIP) for neighborhood park under Capital Project No. 0425 (CP0425). CP0425 consists of 3-5-acre neighborhood park to include walking paths, playground, picnic area, and open turf. Funding for land acquisition is to begin in fiscal year 2025-2026.

The reimbursement total for Victory Oaks Phase 1 Lot C is $299,128.79 for the acquired land, as based upon a City-wide land value appraisal report prepared annually. There will be credit provided to Victory Oaks Phase 2 for park acquisition impact fees in the amount of $83,072.00. The cash reimbursement amount due to the developer would be $216,056.79 to be paid in fiscal year 25-26 and after a Notice of Completion for the project has been recorded The City’s Development Reimbursement Committee (DRRC) reviewed and recommended approval of the estimated reimbursement associated with the VOV CAPITAL LP, A California Limited Partner (Victory Oaks Phase 1- Lot C) subdivision in a meeting held on September 18th, 2024. Therefore, staff recommends the City Council authorize the City Manager to execute the agreement.

Fiscal Impact:

The 44 lots within Victory Oaks Phase 2 final map will start contributing to the landscape and lighting assessment district (L&LD 24-04) created with Victory Oaks Phase 1 final map for maintenance of common features related to this subdivision. The annual lot assessment will be $669.73 per lot.

Prior Council Action: On June 10, 1987 Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions. On June 06, 2024, Council authorized recordation of the final map for Victory Oaks Phase 1 and the formation of the Landscape and Lighting Assessment District 24-04 “Victory Oaks” covering both phase 1 and 2 of the Victory Oaks development.

Other: The tentative subdivision map for Victory Oaks (Tentative Subdivision Map No. 5586) was approved by the Planning Commission on September 26th, 2022. Annexation No. 2022-01 for Victory Oaks was approved by the Planning Commission on September 26th, 2022, based on the findings and conditions in Resolution No. 2022.04. Development Reimbursement Review Committee (DRRC) approved park acquisition reimbursement of $299,128.79 on September 18th, 2024.

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

I move to authorize the recordation of the final map for Victory Oaks Phase 2 and authorize the City Manager to execute the reimbursement agreement associated with the Victory Oaks Phase 1 subdivision for Lot C, a 1.99-acre park parcel.

Environmental Assessment Status: Mitigated Negative Declaration (MND) No. 2022-04 was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines adopted December 13th, 2021.

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File #: 24-0455 Agenda Date: 11/4/2024 Agenda #: 6.

CEQA Review: Mitigated Negative Declaration (MND) No. 2022-04 was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines adopted December 13th, 2021.

Attachments: 1. Final Map 2. Aerial Map 3. Location Map 4. Development Disclosure 5.

Reimbursement Agreement
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SURVEYOR'S STATEMENTTHIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY INCONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE ATTHE REQUEST OF VOV CAPITAL LP ON MAY 30, 2024 AND SAID FIELD SURVEY IS TRUE AND COMPLETE ASSHOWN. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONSINDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS WITHIN ONE YEAR OF THE RECORDING OFTHIS MAP, AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BERETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVEDTENTATIVE MAP.

TIMOTHY M. ODOM, P.L.S. 8468 DATE
BEING A DIVISION OF THE REMAINDER PARCEL SHOWN ON THE MAP OF VICTORY OAKS - PHASE 1, RECORDED IN BOOK45 OF MAPS AT PAGE 25, TULARE COUNTY RECORDS, IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 23,TOWNSHIP 18 SOUTH, RANGE 24 EAST, M.D.B.&M., IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.

CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN ISSUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONSTHEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT AND ANY LOCALORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIEDWITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

MICHAEL E. LONG, PLS 6815DATECITY SURVEYOR
RECORDER'S STATEMENT DOCUMENT NO. FEE PAID:

FILED THIS DAY OF , 202 , AT M. IN BOOK OF MAPS, ATPAGE TULARE COUNTY RECORDS, AT THE REQUEST OF PROVOST & PRITCHARD INC.TARA K. FREITAS, CPATULARE COUNTY ASSESSOR/CLERK-RECORDERBY DEPUTY OWNER'S STATEMENTTHE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD TITLE INTEREST INTHE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP, AND DOHEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THE CONSENT OF NO OTHER PERSONIS NECESSARY.WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THEBOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:1.RIGHTS OF WAY FOR NORTH FONTANA STREET, SUNNYVIEW AVENUE, KAYENTA STREET, AND OAKRIDGEAVENUE IN FEE TO THE CITY OF VISALIA.2.PUBLIC UTILITY EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF GAS LINES AND CONDUITS FORELECTRIC, TELEVISION AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCESPERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT).FOR: VOV CAPITAL LP, A CALIFORNIA LIMITED PARTNERSHIPBY: AHA DEVELOPMENT GROUP, INC., A CALIFORNIA CORPORATIONITS: GENERAL PARTNER BY: MATTHEW S. WATSON, PRESIDENTDATE
CITY CLERK'S STATEMENTTHIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THE DAY OF , 202, AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO APPROVING THISMAP AND SUBDIVISION AND, ON BEHALF OF THE PUBLIC, ACCEPTING SUBJECT TO IMPROVEMENT, THE PUBLIC STREETS, ANDACCEPTING THE PUBLIC UTILITY EASEMENTS, ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWNUPON THIS MAP.WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA THIS DAY OF , 202.LESLIE B. CAVIGLIACITY MANAGER/CITY CLERKCHIEF DEPUTYCITY CLERK CITY PLANNER'S STATEMENTI HEREBY STATE THAT THIS FINAL MAP CONFORMS TO THE TENTATIVE SUBDIVISION MAP 5586 VICTORYOAKS, APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ONSEPTEMBER 26, 2022.

PAUL BERNAL DATEPLANNING AND COMMUNITY PRESERVATION DIRECTOR/CITY PLANNER BOARD OF SUPERVISORS' STATEMENTI, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OFTULARE, STATE OF CALIFORNIA DO HEREBY STATE THE SAID BOARD OF SUPERVISORS HAS APPROVED THEPROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENTCODE OF THE STATE OF CALIFORNIA.DATED THIS DAY OF , 20JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORSBY DEPUTY

FERGUSON AVENUE

RIGGIN AVENUELINWOOD STREET

DEMAREE STREETPROJECT LOCATION
SHEET 1 OF 2CONSISTING OF 2 SHEETS

NOTARY ACKNOWLEDGEMENT
STATE OF CALIFORNIACOUNTY OF ON __________________, 20 BEFORE ME, _____________, A NOTARY PUBLIC IN AND FORSAID STATE AND COUNTY PERSONALLY APPEARED,WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARESUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME INHIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THEPERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.I CERTIFY UNDER PENALTY OF PERFURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOINGPARAGRAPH IS TRUE AND CORRECT.WITNESS MY HAND. SIGNATUREPRINT NAMEMY COMMISSION EXPIRES: PRINCIPAL PLACE OF BUSINESSCOMMISSION NO.

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITYOF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, ANDNOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

FLOOD HAZARD NOTEAS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY’S FLOOD INSURANCE RATE MAP(MAP NUMBER 06107C0930E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARE COUNTY,CALIFORNIA, EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIES FULLY WITHIN AFLOOD ZONE AREA DESIGNATED ZONE X (SHADED), WHICH ARE AREAS OF 0.2-PERCENT ANNUALCHANCE FLOODING, AREAS OF 1-PERCENT ANNUAL CHANCE FLOODING WHERE AVERAGE DEPTHS ARELESS THAN 1 FOOT, AREAS OF 1-PERCENT ANNUAL CHANCE FLOODING WHERE THE CONTRIBUTINGDRAINAGE AREA IS LESS THAN 1 SQUARE MILE, AND AREAS PROTECTED FROM THE 1-PERCENT ANNUALCHANCE FLOOD BY LEVEES.

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICTALL THE REAL PROPERTY INCLUDED IN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP ISINCLUDED IN "ASSESSMENT DISTRICT NO. 24-04, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA"ESTABLISHED PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972.

AUGUST 2024

BENEFICIARY'S STATEMENT / OPTIONEE STATEMENTTHE UNDERSIGNED, BEING THE PRESENT OWNER AND HOLDER OF THAT CERTAIN NOTE AND DEED OF TRUST RECORDED JANUARY 17, 2024 ASDOCUMENT NO. 2024-0002541, OFFICIAL RECORDS OF TULARE COUNTY, ENCUMBERING THE LAND SHOWN ON THIS SUBDIVISION MAP, AND ALSO BEINGTHE OPTIONEE UNDER THAT DOCUMENT RECORDED JANUARY 17, 2024 AS DOCUMENT NO. 2024-0002540, OFFICIAL RECORDS OF TULARE COUNTY,HEREBY CONSENTS TO AND APPROVES THE RECORDING OF THIS MAP.FOR: D.R. HORTON CA3, INC., A DELAWARE CORPORATION BYSIGNATUREDATENAME & TITLE:
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CURVE TABLENUMBERC1C2C3C4C5C6C7C8C9C10C11C12C13C14
LENGTH39.35'27.06'40.22'52.75'11.73'14.76'3.87'18.63'36.30'40.00'42.00'2.69'120.99'18.63' RADIUS200.00'170.00'230.00'230.00'230.00'50.00'50.00'50.00'52.00'52.00'52.00'52.00'52.00'50.00' DELTA11° 16' 24"9° 07' 18"10° 01' 10"13° 08' 24"2° 55' 21"16° 55' 10"4° 25' 51"21° 21' 01"39° 59' 33"44° 04' 25"46° 16' 39"2° 57' 55"133° 18' 31"21° 21' 01" LINE TABLENUMBERL1BEARINGS37°15'50"ELENGTH23.41'
135,886 SF
55,276 SF
435,000 SF
445,800 SF
375,800 SF
105,376 SF
26,271 SF
35,501 SF
85,376 SF
365,000 SF
355,000 SF
415,000 SF
65,275 SF
385,800 SF
18,129 SF
125,376 SF
45,214 SF
425,000 SF
325,000 SF
315,800 SF
345,000 SF
405,000 SF115,376 SF
75,376 SF
335,000 SF95,376 SF
395,000 SF
185,000 SF175,000 SF165,000 SF145,000 SF 195,000 SF205,070 SF 155,000 SF
285,003 SF
265,003 SF
227,620 SF
295,003 SF
215,239 SF
305,857 SF
245,083 SF
235,249 SF
275,003 SF
255,003 SF
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N89°53'03"WN63°48'09"W
S63°48'09"E
N89°16'33"W 351.02'
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S0°06'57"W 552.43'
S89°16'33"E 340.08'
S44°34'48"E 28.43'S0°06'57"W 20.91'
Δ=26°04'55"L=77.39'R=170.00'
N26°11'51"E 92.95'
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N00°06'57"E 100.01'
N00°06'57"E 100.01'
N00°06'57"E 100.01'
N00°06'57"E 100.01'
N00°06'57"E 100.01'
N37°33'28"W 78.27'
S71°14'31"E 101.10'S89°53'03"E 97.90'S89°53'03"E 100.06'S89°53'03"E 100.06'S89°53'03"E 100.06'S89°53'03"E 100.06'S89°53'03"E 100.06'S89°53'03"E 100.06'41.06'50.00'50.00'50.00'50.00'50.00'36.35'

30.315'

50.003'

50.003'72.93'

60.00'

73.40'

31.60'

83.84'

51.003'

50.003'

50.003'61.648'52.776'52.776'52.776'52.003'52.003'53.003'53.003'53.003'53.003'53.003'53.003'60.003'

40.003'53.003'53.003'53.003'53.003'53.003'53.002'52.003'40.273'

40.003'50.003'50.003'50.003'50.003'50.003'40.003'

80.01'

80.01'100.006'100.006'100.006'100.006'100.006'100.006'
100.006'80.01'

80.01'
100.006'100.006'100.006'100.006'100.006'

40.003'50.003'50.003'50.003'50.003'50.003'40.003'

60.003'50.003'50.003'50.003'50.003'50.003'60.003'N0°06'57"E 370.02' S89°16'33"E 200.01'S89°16'33"E 200.01'
S89°16'33"E 200.01'S89°16'33"E 200.01'
S89°16'33"E 200.01'S89°16'33"E 200.01'30.00'38.34'
100.01'30.00'30.00'
122.931'
260.015'260.015'
130.071'
N0°06'57"E 330.02'
S89°16'33"E 160.01'S89°16'33"E 160.01'
N0°06'57"E 330.02'N45°25'09"E 28.13'N44°34'48"W 28.43' N45°25'12"E 28.13'
S45°25'12"W 28.13'S44°34'48"E 28.43'
S72°55'26"E N0°06'57"E 450.30'S89°16'33"E 330.33'
N0°06'57"E 327.41'
S89°16'33"E 80.07'
N45°25'12"E 28.13'

71.52'50.90'50.00'50.00'50.00'50.00'50.00'60.00'
N44°34'48"W 21.33'N00°06'57"E 430.02'
430.024'70.593' N0°06'57"E 500.62'
N26°11'51"E 92.95'N26°11'51"E 92.95'57.60'

15.91'

19.44'L1 Δ=26°04'55"L=91.04'R=200.00'Δ=26°04'55"L=104.70'R=230.00' C1C2
C3C4
N73°49'19"WN86°57'42"W
S89°16'33"E 390.09'

30.00'30.00'
S73°11'47"W
N68°45'56"ES27°10'06"E
S19°06'33"W
S89°16'33"E 382.95'
C6C7C8C9C10
C11
C12
C13
C14
C5
N0°06'57"E 95.66'
N0°06'57"E 160.01'N89°16'33"W 8.51'
S22°04'27"W
LEGENDFOUND & ACCEPTED 3/4" IRON PIPE, "PLS 8468", PER VICTORY OAKS - PHASE 1SET 3/4"x30" IRON PIPE WITH TAG MARKED "LS 8468", DN 6" UNLESSOTHERWISE NOTED SET BRASS DISK, STAMPED "PLS 8468", FLUSH IN CONCRETESUBDIVISION BOUNDARY LINE(R)RADIAL BEARING℄STREET CENTERLINET.C.R.TULARE COUNTY RECORDSPUEPUBLIC UTILITY EASEMENTALL DISTANCES ARE US SURVEY FEET, GROUNDDISTANCES NOT MONUMENTED ARE CALCULATED BASIS OF BEARINGSTHE EAST LINE OF THE WEST 16 ACRES OFTHE SOUTHEAST QUARTER OF THENORTHEAST QUARTER OF SECTION 23 - 18/24,AS SHOWN ON VICTORY OAKS - PHASE 1 SHEET 2 OF 2CONSISTING OF 2 SHEETS
VICTORY OAKS - PHASE 1, 45-MAPS-25
℄
MONUMENTATION NOTESET 3/4" I.P., 2.5' LONG, DOWN 0.5',TAGGED "LS 8468" AT ALL LOT CORNERS,ANGLE POINTS, AND CURVES, UNLESSSHOWN OTHERWISE

DELAWARE AVENUE
6' PUE
AUGUST 2024
BEING A DIVISION OF THE REMAINDER PARCEL SHOWN ON THE MAP OF VICTORY OAKS - PHASE 1, RECORDED IN BOOK 45OF MAPS AT PAGE 25, TULARE COUNTY RECORDS, IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 23,TOWNSHIP 18 SOUTH, RANGE 24 EAST, M.D.B.&M., IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.RECORD DATA NOTEALL DIMENSIONS BETWEEN FOUNDMONUMENTS ARE MEASURED ANDRECORD FROM VICTORY OAKS - PHASE 1,PER MAP RECORDED IN BOOK 45 OF MAPSAT PAGE 25, T.C.R. (R)
(R)
(R)(R)
(R)
(R)(R)
(R)
(R) (R)
(R)
(R)(R)

SUNNYVIEW AVENUE

OAKRIDGE AVENUE

KAYENTA STREET

NORTH FONTANA STREET

NORTH FONTANASTREET
30'30'
30'30'
30'30'
30'30'
30'30'30'30'
30'30'
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE 6' PUE 6' PUE 6' PUE
6' PUE
6' PUE
VICTORY OAKS - PHASE 1,45-MAPS-25
VICTORY OAKS - PHASE 1,45-MAPS-25

LOT C(PUBLIC PARK)
73727170696867666564636261 60 57
56 55
54 53
52 51
50 4948
47 BASIS OF BEARINGSTHE EAST LINE OF THE WEST 16 ACRES OF THE SOUTHEASTQUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP18 SOUTH, RANGE 24 EAST, TAKEN TO BEAR SOUTH 00°06'57" WEST,AS SHOWN ON THE MAP OF VICTORY OAKS - PHASE 1, RECORDED INBOOK 45 OF MAPS, AT PAGE 25, TULARE COUNTY RECORDS.

CITY OF VISALIA

COUNTY OF TULARE
30'30'NORTH FONTANA STREET

SUNNYVIEWAVENUE
℄
℄
℄ ℄
℄
℄
℄
℄
℄
℄
123
Aerial Map
Modoc Ditch
Modoc Ditch
N
Linwood
St
W Riggin Ave
N
Chinowth
St
N
Rono
St
N
Kayenta
St
W Robin Ave
W Modoc Ave W Modoc Ave
W Oriole Ct
W Oriole Ct
N
Julieann
St
W Ferguson Ave
W Vine Ave
W Clinton Ave
W Ceres Ct
Oak Grove
M
odocDitch
N
Dem
aree
St
N
Silvervale
St
N
Fulgham
St
¯
VICTORY OAKS PHASE 2
Lot C - Reimbursement
0 240 480 720 960120
Feet
Legend
City Limits

PARCELS
Victory Oaks Phase 2
Victory Oak
Phase 1
Lot C
124
Location Map
Modoc Ditch
Modoc Ditch
N
Linwood
St
W Riggin Ave
N
Chinowth
St
N
Rono
St
N
Kayenta
St
W Robin Ave
W Modoc Ave W Modoc Ave
W Oriole Ct
W Oriole Ct
N
Julieann
St
W Ferguson Ave
W Vine Ave
W Clinton Ave
W Ceres Ct
Oak Grove
M
odocDitch
N
Dem
aree
St
N
Silvervale
St
N
Fulgham
St
¯
VICTORY OAKS PHASE 2
Lot C - Reimbursement
0 240 480 720 960120
Feet
Legend
City Limits

PARCELS
Victory Oaks Phase 2
Victory Oak
Phase 1
Lot C
125
Form Date: 8/9/07 Page 1 of 2

CITY OF VISALIA
Disclosure Development Project

INCOMPLETE OR LA

TE SUBMISSION OF DISCLOSURE STATEMENT COULD RESULT IN
CONTINUANCE OR DELAY OF YOUR PROJECT.

SITE:

Address or APN(s): ___________ ______________________________________________________________________ Short Title or Name of proposed project: _________________________________________________________________ Summary description of the proposed project: _____________________________________________________________ __________________________________________________________________________________________________ PROPERTY OWNER(S):

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

Name (print) _____________________________________ Name (print) ______________________________________ Mailing Address _________________________________ Mailing Address ____ _______________________________ _______________________________________________ _________________________________________________ Phone _________________________________________ Phone ________________________________________ ___
Statement: I/We declare u
nder penalty of perjury that I am /we are the legal owner(s) of the property involved in this application. I/We authorize the person named in this a pplication as the Project Main Contact to act as my/our representative with City Staff regarding the processing of this application. _______________________ ____________________________________________ D a t e Pr o p e r t y O w n e r S i g n a t u r e
____________________________________________
Print Name & Title
_______________________ ____________________________________________ D a t e Pr o p e r t y O w n e r S i g n a t u r e
____________________________________________
Print Name & Title
OTHER INVOLVED PARTIES:

Fill in all that apply.

It is planned that the property will be sold to ______________________________________________________________ (Write “none” if property owner(s) do not plan to sell property.) Developer/Builder __________________________________________________________________________________ Mailing Address ____________________________________________________________________________________ Phone _____________________ Fax _____________________
077-190-007 (W of NWS of Ferguson and Demaree)
Victory Oaks, Phase 2
Second phase of two phase 117 lot residential subdivision.

VOV Capital LP
1170 N. Coast Hwy
Laguna Beach, CA 92651
(949) 612-9170
10/17/2024
Matthew S Watson, President of Aha Development Group,
Inc., Its,General Partner
DR Horton CA3, Inc.

Builder: DR Horton CA3, Inc.
419 W. Murray Ave, Visalia, CA 93291
(559) 636-9850
126
Form Date: 8/9/07 Page 2 of 2
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

List the names of all principals, partners, and/or trust ees where any property owner and/or developer/builder are a partnership or trust. For corporations provide names of officers, directors a nd all stockholders owning more than 10% equity interest in corporation:

NOTICE: If the above information regarding ownership and interest in this pr operty changes before the project goes before City Council or Planning Commission, it is the responsibilit y of such parties to notify the City of Visalia of this change(s).

Matthew and Shea Watson Living Trust, Dated 2/16/2022
Matthew Watson, Trustee
Shea Watson, Trustee
Aha Development Group, Inc.
127

City of Visalia & Developer
Reimbursement Agreement PAGE 1

CITY OF VISALIA

REIMBURSEMENT AGREEMENT

FOR LAND DEDICATED TO CITY OF VISALIA FOR PUBLIC PARK AND RECREATION

FACILITIES PURSUANT TO VISALIA MUNIICPAL CODE
This Agreement, dated as of the _____ day of _________________, 2024, is entered into by and between the City of Visalia, a municipal corporation (the “City”), and VOV CAPITAL LP, A CALIFORNIA LIMITED PARTNER. (the “Developer”).

RECITALS:

WHEREAS, Chapter 12.36 of the City of Visalia Municipal Code establishes a process for the construction of park and recreation facilities and the payment of fees by to construct such facilities when new dwelling units are built in the City pursuant to provisions of this Chapter. (the “Park and Recreation Development Fee Program”); and
WHEREAS, Section 12.36.080 of the City of Visalia Municipal Code authorizes the City to provide a credit based on the fair market value of property dedicated to the City for public park and recreation facilities that are provided in conformance with the City of Visalia General Plan ; and
WHEREAS, City and Developer, as a condition for approval of Victory Oaks Phase 1 , pertaining to real property identified therein (the property and entitlements so described hereafter referred to as the Project”) required the Developer to dedicate 1.99 acres of property for use as a park facility. (hereafter collectively referred to as the “Park Property”); and WHEREAS, dedication of the Park Property qualifies the Developer for applicable reimbursement under the Visalia Municipal Code; and
WHEREAS, City and Developer desire to set forth their mutual understandings regarding the manner in which the City shall reimburse Developer for the Park Property that will be dedicated with the recording of the final parcel map for the Project.

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

Section 1. Dedication of Park Property

Developer shall dedicate the 1.99 acres of Park Property to the City of Visalia in accordance with the requirements set forth in the approval of the Victory Oaks Tentative Subdivision Map No. 5586. This dedication and acceptance shall occur with the filing the final map for the Project , which is required to be completed and recorded prior to any fee credit or reimbursement from the City under this Agreement.

Section 2. Reimbursement Amounts
The City shall reimburse, through fee credits or cash payments as provided herein, the Developer for the planned Park Property an acquisition fee credit based on the schedule of costs and land values described in Visalia Municipal Code section 12.36.060, and this amount is stated in Exhibit 1 to this Agreement, which lists the agreed upon per acre value of the 1.99 acres of land dedicated 128

City of Visalia & Developer
Reimbursement Agreement PAGE 2

to the City eligible for reimbursement.

Section 3. Right to Reimbursement

Developer shall be reimbursed the amount listed in Exhibit 1 as an acquisition fee credit for the dedication of park property in the manner as set forth in Section 4 below. It is acknowledged by the Parties that the applicable impact fees will still be charged on all building permits issued for the Project. Developer also acknowledges that maintenance of the Park Property will be the responsibility of the Developer for the one-year maintenance period following the recording of the Notice of Completion issued after completion of the improvements identified in the Subdivision Improvements Agreement between City and Developer for the Project.

Section 4. Reimbursement Method

Upon recording of the final map, the dedication and acceptance of the Park Property in compliance with this Agreement the dedication shall be considered complete, and Developer shall be reimbursed in the following manner(s) for the acquisition fee credit under Visalia Municipal Code section 12.36.080 as follows:

4.1. Credit Applied Towards Future Fees. The Developer shall be credited with a total fee credit of $83,072 (“Fee Credit”) for Phase 2 of the Project. Such Fee Credit shall be available for offsetting impact fees associated with development of the Project and the Credit Total shall be distributed among the lots or pads that constitute the Project as identified in Exhibit 1. The Fee Credit shall be recognized at the time of building permit issuance for Phase 2. The Credit Total shall be deemed to attach to property constituting Phase 2 of the Project as identified herein, and should Developer transfer such property or any portion thereof, the credit or appropriate portion thereof shall transfer automatically with such property . Applicable City impact fees, including but not limited to Park and Recreation Development Fees, will continue to be charged on all building permits issued for the Project.

4.2. Cash Reimbursement from Park and Recreation Development Fees Collected City Wide. City shall pay the remaining balance of $216,056.79 of the acquisition fee credit in cash, following fiscal year 2025-2026 or when funds are available . The City shall establish respective priorities to payments from such fund by reference to the date the dedication of qualifying property was dedicated to the City . The City will reimburse this remaining balance to the Developer without interest.

Section 5. Transfer of Reimbursement Rights

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

Section 6. Limited City Obligation
The obligations arising from this Agreement are neither a debt of the City nor a legal or equitable pledge, charge, lien, or encumbrance upon any of its property or upon any of its income, receipts, or revenues, except the fees collected for the Facilities. Neither the General Fund nor any other 129

City of Visalia & Developer
Reimbursement Agreement PAGE 3

fund of the City, except the applicable fund(s) associated with the Park and Recreation Development Fee Program , shall be liable for the payment of any obligations arising from this Agreement. The credit or taxing power of the City is not pledged for the payment of any obligation arising from this Agreement. No Developer shall compel the forfeiture of any of the City’s property to satisfy any obligations arising from this Agreement.

Section 7. Liens, Claims, and Encumbrances
Prior to dedication of the Park Property to the City, the Developer shall provide a written guarantee and assurance to the City that there are no liens, claims, or encumbrances on the Park Property.

Notwithstanding any other provision or term of this Agreement, the City shall have no obligation to make any reimbursement payments until the Developer has cleared any and all liens, claims and encumbrances from the Park Property and provided the required documentation, including but not limited to title reports showing clear title, and assurance in writing, to the satisfaction of the City.

Section 8. No Third Party Beneficiary
City does not assume any liability, duty or obligation to Developer or Developer’s agents by execution or performance of this Agreement and no contractors, subcontractors, agents or any other parties are third party beneficiaries of this Agreement.

Section 9. Attorney’s Fee
If any suit, action or proceeding in law or equity is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to reasonable costs and attorneys’ fees.

Section 10. Notices
Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally (FedEx and similar services, each of which is hereinafter called an “Express Courier,” shall be considered to be personal service) or by telephone facsimile or other electronic transmission (provided that the sender of a telephone facsimile or other electronic transmission has received confirmation of successful transmission by the sending fax machine), and upon receipt, if mailed to the party to whom notice is to be given, by first-class mail, registered or certified, postage prepaid, return receipt requested, and properly addressed as follows:

City: With a copy to:

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

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

Developer:

VOV CAPITAL LP, A CALIFORNIA LIMITED PARTNERSHIP
BY: AHA DEVELOPMENT GROUP, INC., A CALIFORNIA CORPORATION ITS: GENERAL PARTNER
Attn: Matthew Watson
1170 N Coast HWY,
Laguna Beach, California 92651-1373

130

City of Visalia & Developer
Reimbursement Agreement PAGE 4

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

Section 11. Term
The term of this Agreement shall start on the day and year duly executed by all parties and shall remain in effect until all the terms and conditions contained in this Agreement have been satisfied.

Section 12. Severability
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement.

Section 13. Binding on Successors and Assigns
Each and every provision of this Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, in the same manner as if such parties had been expressly named herein.

Section 14. Governing Law; Venue
This Agreement is made under, and shall in all respects be interpreted, enforced, and governed by, the laws of the State of California. In the event of a dispute concerning the terms of this Agreement, the venue for any legal action shall be with the appr opriate court in the County of Tulare, State of California.

Section 15. Exhibits
The Exhibits attached hereto are hereby incorporated herein by this reference.

Section 16. Entire Agreement
This Agreement contains the entire agreement between the parties with respect to the matters contained herein and may be amended only by subsequent written agreement signed by all parties.
131

City of Visalia & Developer
Reimbursement Agreement PAGE 5

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

CITY OF VISALIA, VOV CAPITAL LP,
A municipal corporation A California Limited Partnership

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

Print Name
ATTEST:

Title

Deputy City Clerk Date

APPROVED AS TO FORM:

City Attorney Date

132
EXHIBIT 1
City of Visalia & Developer
Reimbursement Agreement Page 7

133
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0459 Agenda Date: 11/4/2024 Agenda #: 7.

Agenda Item Wording:

Authorize Application and Acceptance of Grant Funds - Authorize staff to apply, accept, and appropriate grant funds from the San Joaquin Valley Air Pollution Control District in the amount of $6,236 in to the airport fund.

Deadline for Action: None
Submitting Department: Administration - Airport
Contact Name and Phone Number:

Jody Miller, Airport Manager, (559)713-4282, [email protected] <mailto:[email protected]> ,
John Lollis, Assistant City Manager, (559)713-4323, [email protected] Department Recommendation:

Staff recommends that the City Council authorize staff to apply and accept a San Joaquin Valley Air Pollution Control District grant in the amount $6,236 and appropriate grant funds for the replacement of airfield grounds care tools.

Background Discussion:

Airport Division staff recently purchased replacement airfield grounds care tools consisting of:
- One (1) Handheld Blower with additional batteries and charger - One (1) Backpack Blower with additional batteries and charger - One (1) Chainsaw with additional batteries and charger - One (1) Hedge Trimmer with additional batteries and charger - One (1) Lawn Mower with additional batteries and charger The San Joaquin Valley Air Pollution Control District has a voucher program (program flyer attached) that allows for full reimbursement of these purchases if approved. Staff has met all grant program requirements, been pre-approved for reimbursement through the program, and now requests Council approval to formally apply and accept the reimbursement funds of $6,236.

Fiscal Impact:

Staff is requesting to appropriate the grant funds in the amount of $6,236. The Airport will be reimbursed for its expenses from the San Joaquin Valley Air Pollution Control District.

Prior Council Action:

N/A
Alternatives: City Council could act not to authorize the acceptance of the San Joaquin Valley Air Pollution Control District grant monies and the Airport would not be reimbursed for the equipment Visalia City Council Printed on 11/1/2024Page 1 of 2
powered by Legistar™
134
File #: 24-0459 Agenda Date: 11/4/2024 Agenda #: 7.

Pollution Control District grant monies and the Airport would not be reimbursed for the equipment purchases.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to apply, accept, and appropriate the San Joaquin Valley Air Pollution Control District grant in the amount of $6,236 in to the airport fund.

Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments:

1. San Joaquin Valley Air Pollution Control District Voucher Program Details

2. Airport Staff Submitted and Accepted Materials to San Joaquin Valley Air Pollution Control District
Visalia City Council Printed on 11/1/2024Page 2 of 2
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135
ZELE Voucher Program | Nov 2023
www.valleyair.org/ZELE

ZELE VOUCHER PROGRAM GUIDELINES
The Zero-Emission Landscaping Equipment Voucher Program (ZELE) provides incentives for the replacement of existing gas- or diesel-powered landscape maintenance equipment with new electric landscape maintenance equipment. To receive a voucher, an applicant must submit a complete application packet as described in the steps of the Program Process section. Please DO NOT purchase or dispose of any eligible equipment until you have received an approved voucher from the District for your project.

ELIGIBLE ENTITIES
• Business Entities: Landscape businesses providing service to residential neighborhoods, business locations and other communities, or businesses and non-profit organizations that provide commercial scale landscape maintenance in-house.

Equipment used on an applicant’s personal residential property does not constitute commercial scale landscape maintenance. • Public Agencies: Cities, special districts, municipalities, school districts, etc., that provide commercial scale landscape maintenance in-house. Any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools are not eligible.

ELIGIBLE ENTITIES MUST
• Be located within the geographic area of the San Joaquin Valley Air Basin, which includes the following counties: San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and the San Joaquin Valley portion of Kern. • Conduct 100% of its landscape maintenance operations within the geographic area of the San Joaquin Valley Air Basin. • Currently use gas- or diesel-powered professional landscape maintenance equipment in daily operations. • For the past two years prior to submitting an application, have owned and operated the old gas- or diesel-powered equipment listed on their application within the geographic area of the San Joaquin Valley Air Basin.

ELIGIBLE EQUIPMENT FUNDING
Funding levels are identified in the table below grouped by equipment type, and include the cost of additional batteries and chargers. Applicants that are not small businesses or public agencies must pay a minimum 15% cost share for eligible costs.

Maximum funding amounts may be reduced for these applicants to ensure the 15% cost share requirement is met. Enhanced funding levels are available for public schools located within the selected AB 617 Communities of Shafter, South-Central Fresno, and Stockton. These public schools can receive 100% of the purchase price of up to 2 batteries and 1 charger per piece of new all- electric equipment purchased. Please visit community.valleyair.org to see if you qualify.

EQUIPMENT TYPE MAXIMUM AMOUNT PER EQUIPMENT
Edgers, String Trimmers, Hedge Trimmers,
Chainsaws, Pole Saws and Brushcutters Up to $700
Leaf Blowers and Vacuums Up to $1,400
Walk-behind Mowers Up to $1,500
Ride-on/Stand-ride Mowers Up to $15,000
Additional Batteries and Chargers
(for public schools in selected AB 617 Communities
of Shafter, South Central Fresno, and Stockton only)
100% of purchase price for up to two (2) batteries
and one (1) charger per piece of equipment purchased
Applicants that are not small businesses or public agencies must pay a minimum 15% cost share of eligible costs.

Maximum funding amount may be reduced to ensure 15% cost share requirement is met. * Additional batteries and chargers acquired as part of the new equipment purchase may be included in the total eligible costs.

Page 1 of 3136 ends

ZELE Voucher Program | Nov 2023
www.valleyair.org/ZELE

Page 2 of 3 ends

ZELE VOUCHER PROGRAM GUIDELINES

GENERAL REQUIREMENTS
• Funding for this program is not a rebate. The applicant must not purchase any new equipment prior to obtaining an approved voucher from the District or their project may be deemed ineligible.

Applicants are encouraged to wait to dispose of any old equipment until receiving an approved voucher.
• All applications will be considered for funding on a first-come, first-serve basis, and if deemed eligible, will be funded in the order received until program funds are exhausted.
• Submittal of an application does not guarantee funding. Eligibility of the application is determined at the sole discretion of the District. Applications that do not meet the intent and/or eligibility of the program will be deemed ineligible.
• Multiple applications may be submitted throughout the year by the same applicant.
• All additional co-funding sources and discounts applied to the new electric equipment purchase must be disclosed at time of application.
• The District reserves the right to recoup any funding provided to the applicant and/or pursue any other legal actions deemed appropriate if, by the District‘s determination, the applicant did not provide accurate information, and/or fails to meet the intent or requirements of the program.
• Small businesses and public agencies do not need to meet the 15% cost share requirement. The following definitions will be applied to applicants to determine their eligibility:
» Small business means an independently owned and
operated business that is not dominant in its field of
operation, the principal office of which is located in
California, the officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer
employees, and average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c), with 100 or fewer employees. Commencing January 1, 2019,
the average annual gross receipts threshold shall be fifteen million dollars ($15,000,000). (Gov. Code § 14837(d)(1)(A)) » Public agency means but is not limited to State of
California, metropolitan, county, city, district, multi-county special district (e.g. water district), public school district, public university, public college, public authority, public agency, public corporation, another state government, the federal government, or any other subdivision or agency of a state government or the federal government. (CARB CARL
Moyer Guidelines)

NEW ELIGIBLE ELECTRIC EQUIPMENT MUST BE INELIGIBLE EQUIPMENT • Same type of equipment as the old. Replacement of old equipment is required to be like-for-like and one-for-one (i.e., one old gas edger for one new electric edger, etc.).
» Additional batteries and chargers acquired as part of the new equipment purchase may be included in the total eligible costs. • Purchased from a manufacturer-authorized retailer or dealer. • Electric, battery-powered.
• New, not previously owned or used. Reconditioned and
refurbished equipment are considered used and are not eligible for purchase.
• Purchased with a power head.
» Attachments without a power head are ineligible, and manual equipment without an engine are not eligible.
» Combo kits with one power head and multiple attachments, or bundles/packages that include two or more pieces of
equipment, will be considered as one piece of equipment. • Equipment not listed on the funding table are ineligible to be replaced.
• Old equipment that has not been owned and operated for the past two years by the applicant.
• New electric equipment, battery or charger purchases made prior to the voucher execution date are ineligible for reimbursment. • Corded-electric equipment cannot be purchased as new
replacement equipment.
• Purchase of a battery and/or a charger cannot be purchased without equipment.
• Equipment used on an applicant’s personal residential property.

For information about the District’s Residential Rebate Program visit www.valleyair.org/CGYM.
• These types of equipment are not eligible to be replaced:
» Manual equipment without an engine.
» Tractors used to pull landscape maintenance equipment. » Tow-behind landscape maintenance equipment.

GENERAL REQUIREMENTS
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ZELE Voucher Program | Nov 2023
www.valleyair.org/ZELE
The Zero-Emission Landscaping Equipment Voucher Program is part of California Climate Investments, a statewide initiative that puts billions of Cap-and-Trade dollars to work reducing greenhouse gas emissions, strengthening the economy and improving public health and the environment particularly in disadvantaged communities.

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ZELE VOUCHER PROGRAM GUIDELINES
STEP 1: Submit a completed application along with the
following supporting documentation:

1. Completed first page of IRS Form W-9
www.irs.gov/forms-pubs/about-form-w-9

2. One of the following documents depending on applicant type:

Business Entities: Verification that the business is currently in operation and has been for the two years prior to application submittal. Acceptable documentation includes, but is not limited to the following:
» Copy of a valid business license, covering the past 24 months from the date of application submittal; or
» C-27-Landscape Contractors License Number; or
» Identification number assigned to a business entity by the California Secretary of State at the time of registration » Documentation of an approved Clean Off-Road Equipment (CORE) program application for professional landscape
equipment (voucher or approval letter).
» The District maintains the discretion to accept or request other documentation to demonstrate applicant as a
commercial landscape maintenance provider and meets the intent of the program.

Public Agencies: Resolution from the applicant’s governing body (i.e., City Council or County Board of Supervisors). In lieu of a resolution, applicant can submit a formal letter/ documentation from the agency which identifies the individual and/or title that can submit an application and enter into an agreement with the District. This letter/documentation must be signed by a duly authorized official within the agency that has the authority to make financial decisions. The individual/ title identified on the resolution or letter/documentation must match the signing authority listed on the application.

STEP 2: Receive a Voucher and Claim for Payment Form from the District

1. The District will review submitted applications and supporting documentation for eligibility. If approved:
» A ZELE Voucher will be issued. The voucher will identify the equipment to be purchased and the eligible funding.
» A Claim for Payment Form will be provided and must be completed and signed by the applicant to be reimbursed for eligible funding.

STEP 3: Purchase your new electric equipment and destroy your old equipment

1. Purchase the new equipment identified on the voucher within the execution and expiration dates. Additional batteries and chargers acquired as part of the new equipment purchase may be included in the total eligible costs.

2. Obtain a Destruction Verification Form (DVF) from a
participating dismantling facility:
» Within 30 calendar days from the date of purchase of
the new equipment, take your old gas- or diesel-powered equipment to a participating dismantling facility.
» For a list of participating dismantling facilities visit valleyair.org/ZELE.
» Contact the dismantling facility to verify its requirements for submittal of old equipment (i.e., fluids drained, etc.) prior to taking it to the facility.
» Verify that the dismantling facility has completed and signed the DVF. The DVF is proof that you have properly submitted your old equipment for permanent destruction.

STEP 4: Submit a Claim for Payment Packet for
reimbursement within 30 days from the purchase date of the new equipment:

1. Signed and completed Claim for Payment Form.

2. Signed Voucher.

3. Signed and completed DVF obtained from participating dismantling facility.

4. Copy of the sales invoice or receipt for the new electric equipment, batteries and chargers purchased.

STEP 5: Own and operate your new equipment
Own and operate the new electric equipment for a minimum of 36 months from the date of purchase.

PROGRAM PROCESS
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0460 Agenda Date: 11/4/2024 Agenda #: 8.

Agenda Item Wording:

Authorization of an Amendment and Extension to Professional Services Agreement - Authorize the City Manager to enter into an amendment with Brandley Engineering for engineering services associated with the acquisition of a replacement airfield sweeper in the amount of $36,200, and extend the Professional Services Agreement with the City of Visalia to include the completion of the in-progress replacement airfield sweeper acquisition, pavement maintenance management plan, and new terminal design project.

Deadline for Action: None
Submitting Department: Administration - Airport
Contact Name and Phone Number:

Jody Miller, Airport Manager, (559)713-4282, [email protected] John Lollis, Assistant City Manager, (559)713-4323, [email protected] Department Recommendation:

Staff recommends that the City Council authorize the City Manager to enter into a contract amendment with Brandley Engineering for previously proposed scope of work for $36,200. This work was not specifically listed in the Professional Services Agreement with the City, however, it does fall under its purview specifically in line items 4 (Preparation of applications for State and Federal Aid), 7 (Preliminary engineering studies, designs, and cost estimates), and 11 (All engineering consultation required by the City) found on pages two (2) and three (3) of the attached agreement. Additionally, staff recommends that the agreement be extended to include the completion of the projects currently in-progress, including replacement airfield sweeper acquisition, pavement maintenance management plan (PMMP, CP0572) and new terminal design project.

Background Discussion:

At its meeting on November 4, 2019, the Council authorized a Professional Services Agreement between the City and Brandley Engineering for the purpose of providing Airport engineering design services and project management for a 5-year contract period. The projects that Brandley administers for the Airport, as well as the vast majority of the Airport’sCapital Improvement Program (CIP) projects, are federally funded. On page 2 of the attached Agreement under Article II. Duties of Engineer, Preparation of applications for State and Federal Aid, preliminary engineering studies, designs and cost estimates, and all engineering consultations required by the City are listed as under Brandley’s purview.

At its meeting on September 3, 2024, the Council acted to conditionally accept Federal funds in the amount of $385,999 that would fund ninety percent (90%) of the airfield sweeper acquisition project, from which $36,200 would be paid to Brandley Engineering. This amount was already contained in Visalia City Council Printed on 11/1/2024Page 1 of 2
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File #: 24-0460 Agenda Date: 11/4/2024 Agenda #: 8.
the requested budget appropriation, so no additional funds are being requested.

The Agreement between the City and Brandley Engineering is set to expire at the end of 2024, and staff believes that an extension of this agreement, to include those projects already in-progress (including the airfield sweeper replacement acquisition, PMMP, and the design of a replacement airfield terminal), would allow these projects to be completed in the most efficient and cost-effective manner. Airport staff have begun preliminary work on the Request for Qualifications (RFQ) process for the next professional services agreement for Airport engineers, which this requested specific extension would not affect.

Fiscal Impact:

There is no additional fiscal impact associated with the amendment of the Agreement between Brandley Engineering and the City, as all funds necessary for the replacement airfield sweeper acquisition have already been appropriated
Prior Council Action:

November 4, 2019: Council authorized an annual agreement with Brandley Engineering for the purpose of providing airport engineering design services and project management, for a 5-year contract period.

September 3, 2024: Council authorized staff to conditionally accept $385,999 in Federal Aviation Administration grant funds and appropriate additional funds of $162,032 for the airport sweeper replacement acquisition.

Alternatives: City Council could act to not authorize expanded scope of work with Brandley Engineering, and Airport Staff would explore other avenues to complete the in-progress Airport projects.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a contract amendment with Brandley Engineering for engineering services associated with the acquisition of a replacement airfield sweeper in the amount of $36,200, and extend the Professional Services Agreement with the City to include the completion of projects currently in-progress, including the replacement airfield sweeper acquisition, pavement maintenance management plan, and new terminal design project.

Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments: .

1. Brandley Engineering Professional Services Agreement

2. Airport Sweeper Replacement Cost Breakdown

3. City Council Staff Report: September 3, 2024

4. City Council Staff Report: November 4, 2019
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ATTACHMENT 1A
Item Unit TotalNo. Description Unit Cost Quantity Cost1Airfield SweeperL.S. L.S. L.S. 381,494.00$ Total Base Bid381,494.00$ 1-1One Gutter Brush Broom Attachment with Poly Brushes on Driver's Side*L.S. L.S. L.S. 1,800.00$ Total Alternate 11,800.00$ CO1-1Front Bumper Mounted MagnetL.S. L.S. L.S. 1,193.50$ Total Change Order 11,193.50$ Total Acquisition384,487.50$ *Not eligible for FAA funding.Change Order No. 1Base BidAlternate 1 - Non FAA EligibleVISALIA MUNICIPAL AIRPORTCITY OF VISALIA, CALIFORNIA2024 AIRPORT INFRASTRUCTURE GRANT (AIG)ACQUISITION COSTS BASED ON BIDSAcquire Airfield Sweeper Attachment 1A8/5/2024164
ATTACHMENT NO. 1BHours Rate TotalProject FormulationDBE Program and Goal Preparation 11,000.00$ Brandley Supervision/Coordination 1,100.00 NEPA Environmental Document 1,000.00 Brandley Supervision/Coordination 100.00 Total Project Formulation13,200.00$ Engineering Design and Preparation of Specifications Principal Engineer 15.5 300.00$ 4,650.00$ Junior Engineer 37.0 120.00 4,440.00 Project Administrator 16.0 100.00 1,600.00 Total Design and Preparation of Specifications10,690.00$ Use10,700.00$ Engineering During Bid and Award Principal Engineer 12.0 300.00$ 3,600.00$ Junior Engineer 8.0 120.00 960.00 Project Administrator 8.0 100.00 800.00 Clerical 5.0 85.00 425.00 Total Engineering During Bid & Award5,785.00$ Use5,800.00$ Equipment Review and Inspection, Final Project Closeout Principal Engineer 15.0 300.00$ 4,500.00$ Junior Engineer 5.0 120.00 600.00 Project Administrator 10.0 100.00 1,000.00 Clerical 5.0 85.00 425.00 Total Equipment Inspection, Final Closeout6,525.00$ Use6,500.00$ TOTAL36,200.00$ VISALIA MUNICIPAL AIRPORTCITY OF VISALIA, CALIFORNIA2024 AIRPORT INFRASTRUCTURE GRANT (AIG)BREAKDOWN OF ENGINEERING COSTSAcquire Airfield SweeperStaffTotal Attachment 1B 8/5/2024165
ATTACHMENT 1C
Salaries - City of Visalia/Visalia Municipal Airport 7,000.00$ Advertisement, Legal Fees, etc. 3,000.00 Total Administrative Costs 10,000.00$ VISALIA MUNICIPAL AIRPORTCITY OF VISALIA, CALIFORNIA2024 AIRPORT INFRASTRUCTURE GRANT (AIG)BREAKDOWN OF ADMINISTRATIVE COSTSAcquire Airfield Sweeper Attachment 1C8/5/2024166
ATTACHMENT NO. 1D
1 0.24Equipment 384,487.50$ Engineering 36,200.00 Administration 10,000.00 Total Project Cost 430,687.50$ Less: Ineligible Cost - Alternate 1 (1,800.00) Total (FAA Eligible) Project Costs 428,887.50$ F.A.A. Participation - 90% 385,999.00$ Sponsor Participation - Grant Match (10%) + Ineligible Costs 44,688.50$ VISALIA MUNICIPAL AIRPORTCITY OF VISALIA, CALIFORNIA2024 AIRPORT INFRASTRUCTURE GRANT (AIG)SUMMARY OF PROJECT COSTSAcquire Airfield Sweeper Attachment 1D 8/5/2024167
Visalia City Council
Legislation Text
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Agenda Item Wording:

Deadline for Action: None
Submitting Department: Administration - Airport
Contact Name and Phone Number:

Jody Miller, Airport Manager, 713-4282, [email protected] <mailto:[email protected]>, John Lollis, Assistant City Manager, 713-4323, [email protected] Department Recommendation:

Background Discussion:

File #: 24-0314, Version: 1
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File #: 24-0314, Version: 1
Airport Division staff will return to Council after formally accepting the grant to award the project to the selected bidder from the completed RFB process and officially award the project to the City- contracted engineering consultants Brandley Engineering.

Fiscal Impact:

The State of California funds will be given through a separate grant application process that is already guaranteed but will only become official once the FAA grant is officially accepted.

Prior Council Action:

N/A
Alternatives: City Council not authorize the acceptance of the federal grant and airport staff would explore other avenues to fund the proposed airfield sweeper acquisition.

Recommended Motion (and Alternative Motions if expected):

CEQA Review: N/A
Attachments:

1. Acquisition Costs Based on Bids

2. Engineering Scope of Work

3. Updated FAA Grant Application

4. Original FAA Grant Application

5. Bid Form - GCS Environmental Equipment Services, Inc.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0461 Agenda Date: 11/4/2024 Agenda #: 9.

Agenda Item Wording:

Kaweah Health Transportation Alternatives Study Update - Authorization to approve both the budget and scope revision to TJKM for the Kaweah Health Alternative Parking Study project, and appropriate an additional $22,000 to the project as allocated by the Tulare County Association of Governments.

Deadline for Action: 11/4/2024
Submitting Department: Administration - Transit Division Contact Name and Phone Number:

Angelina DeRossett, Transit Manager, [email protected] < mailto:[email protected]>, (559)713-4591
John Lollis, Assistant City Manager, [email protected] <mailto:[email protected]>, (559) 713-4323
Department Recommendation:

Staff recommends that the City Council authorize the budget and scope revision for the Kaweah Health Alternative Parking project to the consultant TJKM, and appropriate the additional funds awarded by Tulare County Association of Governments (TCAG) for the project.

Background Discussion:

Beginning in 2019, the City and TCAG collaborated on a Downtown Visalia (Kaweah Health parking study project. At the time, TCAG’s contribution was $40,000 to fund a consultant to perform the parking study, and the City committed in-kind staff Project Manager support. The study’s purpose is to develop solutions to the parking congestion in the Downtown area specifically in proximity to Kaweah Health, with a particular focus on Kaweah Health staff parking conditions and alternatives to lessen that impact. The inability for Kaweah Health to support and expand its Downtown location and potentially relocate medical services from the Downtown area would negatively impact the local economy.

Through a Request for Proposals (RFP) process and with Council approval at its meeting on March 2, 2020, TJKM was awarded the consultant study contract for $39,900 (P02586) in March 2020. Due to the study’s timing and the significant interruptive impacts of the COVID pandemic, the project was suspended. There was minor kickoff work performed in 2021 and 2022, however, a significant portion of the project’s work included surveys of the existing Kaweah Heath constituency, including both employee and patient surveys.

At the time, Kaweah Health Administration felt that given all of the COVID restrictions and impacts, the consultant would not be able to collect valid data to form an accurate portrayal of normal circumstances.

Compounding the study’s challenges, as the project was beginning to again make progress in 2023, the TJKM Project Manager unfortunately became ill and passed away.

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Given the significant duration of time that has passed and the dramatic changes in the economy and associated labor costs, the original budget required an update. The contractor TJKM submitted a scope and budget revision requesting an additional $21,258. A budget and scope update (attached) was presented and approved by the TCAG Board of Governors at its meeting on February 26, 2024, providing an additional project allocation of $22,000.

In accordance with Finance Department procedure, staff next presented the budget and scope update for consideration by the City’s Change Order Committee, which was approved at its meeting on October 30, 2024.

The remaining component of the project is to finish compiling all the data that has been collected and present a draft report to the City and Kaweah Health by December 2024. These additional funds will allow this project to be completed and closed out following acceptance of the final report.

Fiscal Impact: TCAG approved additional funds of $22,000 for the project, therefore there is no additional fiscal impact to the City’s Transit Division. The following illustration shows the original budget on the project:

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The update to the budget is directly related to staff time with labor costs having increased. Those changes are indicated below:

Prior Council Action:

March 2, 2020: Award Contract for Kaweah Health Parking Study to TJKM Other:

N/A
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Alternatives:

Do not authorize the revised budget and scope of the project and not finish the project.

Recommended Motion (and Alternative Motions if expected):

I move to approve the revised budget and scope to TJKM for the Kaweah Health Parking Alternative study project, and appropriate the additional $22,000 in funding to the project as allocated by the Tulare County Association of Governments.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

TJKM Technical Memorandum Update
TCAG Approved Board Report and Resolution - February 26, 2024 Consultant Services Agreement - March 26, 2020
City Council Staff Report - March 2, 2020
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CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com

TECHNICAL MEMORANDUM

This memorandum discusses updates to the Visalia Parking Study scope.

Background
The City of Visalia released a request for proposals (RFP) in 2019 in partnership with the Kaweah Health Medical Center and with funding from the Tulare County Association of Governments (TCAG) to solicit proposals from qualified consulting firms experienced in producing parking studies. The purpose of the study was to determine the feasibility of implementing alternative means of transportation, including the operation of an employee shuttle service, for the purpose of alleviating the need for the construction of more parking stalls in the d owntown Visalia area. TJKM Transportation Consultants was ultimately awarded the parking study contract.

With several facilities spread out over an eight -block district in the downtown area and with approximately 1,000 employees on shift at any given time, the Kaweah Health Medical Center is the largest employer in Visalia. Kaweah Health Medical Center has estimated that less than 35 percent of its workforce comes from outside the local area.

The City of Visalia has historically worked closely with Kaweah Health Medical Center to accommodate growth of the hospital while concomitantly mitigating impacts of that growth. The RFP stated that seeking solutions to the lack of a dequate parking is the greatest challenge that the City and Kaweah Health Medical Center face in the downtown area. Kaweah Health Medical Center had at one point considered purchasing property in a remote area of the City to use as an off-site parking area and to shuttle its workforce from the off-site parking area to the hospital using the City’s trolley buses. While the idea was initially deemed cost prohibitive and was not fully explored, the City sought and received funding from TCAG for a parking feasibility study for exploring additional transit options and to lessen the demand for parking in the downtown area.

Date:

October 4, 2023
To: Angelina DeRosett, Transit Manager, City of Visalia From: Chris Kinzel, Vice President, TJKM
Subject: Update to Scope of Visalia Parking Study
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2 Original Scope
The original scope listed the following items to be completed by the consultant:
• Identify the current methods of transportation that employees are using; • Determine the points of origin for employees;
• Survey and study the area to observe the parking limitations and shortages; • Conduct an initial survey of Kaweah Health Medical Center employees to determine their willingness to utilize alternative parking or ride-share methods; • Determine the cost- effectiveness of any proposed solutions and the financial impact for each participating agency;
• Consider several alternatives including shuttle and ride sharing services; • Make recommendations on the efficient use of resources (equipment, facilities, administration activities, personnel, etc.);
• Consider long-term and short-term plans to ease parking congestion; • Present all alternative methods both long- and short-term in the order of feasibility and willingness of Kaweah Health Medical Center staff; and
• Utilize comparable best practices, studies, and examples of other organizations with similar needs and experiences.

Changes since Signing of Contract
The interim period from 2019 until the present has seen substantial changes in economic conditions.

The coronavirus disease (COVID-19) pandemic resulted in the State of California mandating shelter - in-place and work-from-home policies in 2020, which dramatically changed working and commuting patterns of workforces across the State. Though the State has since lifted the mandates, post-pandemic parking demand in downtown Visalia may still be different from 2019.

Additionally, a general rise in price levels of good and services in the US in the post -pandemic era could have affected commuting patterns and data collection costs.

Work Completed by TJKM to Date
Since the start -up meeting on June 8, 2022, TJKM Transportation Consultants has conducted the following:
• Prepared a map of on-street and off-street parking facilities around Kaweah Health Medical Center; • Drafted an online survey to for distribution to Kaweah Health Medical Center employees to determine their willingness to utilize alternative parking or ride-share methods; and • Met with representatives f rom Kaweah Health Medical Center and the City to determine their perspectives on parking conditions near the hospital.

During the site visit in 2022, TJKM met with representatives from Kaweah Health Medical Center and the City to determine their perspectives on parking conditions near the hospital. 181

3 Recommended Next Steps
Considering the change in circumstances in the post-pandemic era, including possible reduced parking demand in the downtown Visalia area, TJKM would like to reassess with the City and Kaweah Health Medical Center the purpose and scope of the parking study.

The reassessment will inform adjustments to the scope of the data collection, analysi s, and recommendation of viable alternatives.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0465 Agenda Date: 11/4/2024 Agenda #: 10.

Agenda Item Wording:

Record Carleton Acres Phase 1A Final Map - Request authorization to record the final map for Carleton Acres Phase 1A subdivision, located one-quarter mile north of Riggin Ave between Shirk Street and Denton Street (73 lots).

Deadline for Action: 11/4/2024
Submitting Department: Community Development
Contact Name and Phone Number: Edelma Gonzalez, Associate Engineer - (559)713-4364, [email protected] <mailto:[email protected]> ; Chris Crawford, City Engineer - (559)713-4331- [email protected] <mailto:[email protected]> ; Jason Huckleberry, Director of Eng and Bldg - (559)713-4449, [email protected] < mailto:[email protected]>
Department Recommendation:

Staff recommends that City Council authorize the recordation of the final map for Carleton Acres Phase 1A subdivision, located one-quarter mile north of Riggin Ave between Shirk Street and Denton Street (73 lots).

Background Discussion:

The final map for Carleton Acres Phase 1A subdivision will subdivide 17.75 acres into 73-lots for low density residential development and 4.54 acres, Lot G, for future medium density residential development. Carleton Phase 1A subdivision is the first phase of the Carleton Acres Tentative Subdivision map (TSM 5590).

The final map is ready for recording, all bonds, cash payments, subdivision agreement, and final map will be submitted by the developer, Hayes Ranch, LLC, A California Limited Liability Company, prior to recording as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $4,160,107.79, a Labor and Materials Bond in the amount of $1,922,431.50, a Maintenance Bond in the amount of $416,010.78; 3) cash payment of $433,085.11 distributed to various accounts to cover City fees; and 4) final map.

The formation of the Landscape and Lighting Assessment District will be addressed separately with an additional Council item after it has been reviewed and approved by the Landscape and Lighting District Review Committee. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO).

Fiscal Impact:

Impact fees will be assessed with the development of the land and for the 73 single-family residential units at time of permit issuance.

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File #: 24-0465 Agenda Date: 11/4/2024 Agenda #: 10.

Prior Council Action: On October 2, 2023, the City Council held a public hearing to consider the Carleton Acres project, consisting of the adoption of a Specific Plan, approval of a General Plan Amendment, initiation of an annexation, and certification of an Environmental Impact Report.

Other: The Carleton Acres Phase 1 Tentative Subdivision Map No. 5590 was approved by the Planning Commission on September 11th, 2023.

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

I move to authorize the recordation of the final map for Carleton Acres Phase 1A Subdivision...end Environmental Assessment Status: Complete
CEQA Review: Previously approved Environmental Impact Report for Carleton Acres Specific Plan project, certified October 2, 2023 (SCH #2021050418)
Attachments: 1. Aerial Map 2. Location Map 3. Subdivision Map 4. Development Disclosure Visalia City Council Printed on 11/1/2024Page 2 of 2
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0448 Agenda Date: 11/4/2024 Agenda #: 1.

Agenda Item Wording:

Ordinance Adoption - A Public Hearing and First Reading of Ordinance No. 2024-11, a request by the City of Visalia to amend Visalia Municipal Code Section 12.48 “Special Events” by adding a definition for Street Frontage.

Deadline for Action: 11/4/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Tracy Robertshaw, Neighborhood Preservation Manager, (559) 713-4187, [email protected] <mailto:[email protected]> Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends that the Visalia City Council hold a public hearing, receive a presentation and staff report, and introduce the first reading of Ordinance No. 2024-11 amending Visalia Municipal Code Section 12.48 Special Events, adding a definition for “Street Frontage.” Summary:

On August 21, 2023, a work session item was held with the City Council to conduct a review of current processes and ordinance requirements related to Special Events (Chapter 12.48 of the Municipal Code). During the presentation, several areas of the Special Events ordinance were identified that required revisions to address current procedural requirements to align with how these applications were being processed by City staff. After receiving direction from City Council on potential ordinance changes, on December 4, 2023, the City Council held a public hearing and first reading of Ordinance No. 2023-12, amending Section 12.48 Special Events to reflect the changes as discussed during the work session.

Should Council choose to support this Ordinance change, all Special Event permits that could be subject to the change will be held until the Ordinance is fully implemented which is generally 30 days after final adoption.

Background Discussion:

As noted above, Visalia Municipal Code Section 12.48 “Special Events” was amended December 2023 with ordinance becoming effective January 17, 2024.The amendment included the addition of Section 12.48.085 “Restrictions on Usage of Public Streets for Special Events”. This section was added due to concerns raised with staff about repeated usage of the same streets for special events and whether that can cause disruptions of traffic patterns and parking. Staff identified during the City Council work session meeting that frequent use of public streets and/or public property for events is a matter of public policy that can be set by the City Council through the special event ordinance, which Visalia City Council Printed on 11/1/2024Page 1 of 3
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matter of public policy that can be set by the City Council through the special event ordinance, which can be worded to generally allow the use of public streets for special events or be more restrictive in the use of streets.

To address traffic pattern disruptions and impacts to adjacent businesses caused by a special event that is consistently held, in the same location, using public streets or publicly owned outdoor facilities over a specified timeframe in the same calendar year, Section 12.48.085 was adopted by the City Council’s, which states:

In order to prevent long term disruption of traffic patterns and to encourage the use of parks and/or public or private facilities, and not public streets for special events, for purposes of this ordinance, the city may determine that an event substantially interrupts the safe and orderly movement of vehicular traffic contiguous to the streets where the proposed event is to be held if the applicant is requesting to hold an event, other than a parade, in a street that will impact traffic patterns for more than twelve (12) days in a calendar year or has filed similar event applications impacting the same streets within the previous twelve (12) months. The city may find that no substantial interruption is occurring if the applicant for the special event, or a sponsor of the special event, is a property owner or tenant of property with street frontage in the area proposed for closure, or if the requested closures for special events only impact alleyways.

After the adoption of the ordinance, it was brought to staff’sattention this new section contains the term “street frontage” but no definition for this term is not provided in the entirety of Section 12.48.

As a result of this term not being defined, this has created confusion on behalf of applicants and has made enforcement of the section somewhat problematic due their interpretation of the term.

Proposed Modification:

To alleviate this issue, staff recommends including a definition of “Street Frontage” to Section

12.48.020 Definitions as follows:
“Street Frontage” shall mean the property line where a lot abuts upon a street and when referring to an area near a business owned by a special event applicant or sponsor it shall refer to the public street abutting the lot where the applicant or sponsor’sbusiness is located and extend to the nearest cross streets on either side of the business. The area may be reduced from the nearest cross street if alley access is needed for emergency vehicles, or if the street closure would interfere with public usage, such as transit operations, or block private property access.

The addition of the definition clarifies Section 12.48.085 and should address any confusion by applicants and/or the enforcement of this code.

It should be noted that the addition of the definition does not guarantee that the entire area deemed as “street frontage” will be eligible for event use. In some instances, the entire “street frontage” will not be permitted for use of the event due to required alleyway access, required vehicular street access to adjoining businesses, bus stops, or other events that could reduce the area of “street frontage” available for the event. The determination on whether the street frontage would be permitted is subject to review and determination by staff.

Fiscal Impact: N/A
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File #: 24-0448 Agenda Date: 11/4/2024 Agenda #: 1.

Prior Council Action:
· On August 21, 2023, the City Council directed staff to move forward with revising Visalia Municipal Code 12.48 Special Events
· On December 4, 2023, a public hearing was held and a presentation introducing the first reading of Ordinance No. 2023-12 amending Visalia Municipal Code Section 12.48 Special Events.
· On December 18, 2023, a second reading was conducted for Ordinance No. 2023-12. The ordinance become effective January 17, 2024.

Other: N/A
Alternatives: The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Direct staff to not process any amendment to Visalia Municipal Code Section 12.48 Special Event; or

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

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance No. 2024-11 amending Visalia Municipal Code Chapter 12.48 “Special Events” adding a definition of Street Frontage to Section 12.48.020.

Environmental Assessment Status:

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

CEQA Review:

The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption (NOE No.2024-58) has been prepared.

Attachments:

1. Ordinance No. 2024-11

2. PowerPoint Presentation
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SPECIAL
EVENTS

12.48 216
Section 12.48.085 Restrictions on usage of public
streets for special events.

DEFINITION- STREET FRONTAGE
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STREET FRONTAGE
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QUESTIONS
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ORDINANCE No. 2024-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTER 12.48 OF THE VISALIA MUNICIPAL CODE

RELATING TO SPECIAL EVENTS

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

SECTION 1. The City of Visalia has identified the need to amend the existing provisions to the Visalia Municipal Code to update and streamline the procedure use d for making administrative determinations regarding the authorization of parades and other types of “special events” that take place in or otherwise encroach upon the City’s public right -of-ways or City owned properties such as parks.

SECTION 2. The following provisions in Chapter 12.48 of the Visalia Municipal Code, consisting of sections 12.48.020, is hereby added and/or amended as follows with deleted language in strikeout text, and new and/or revised wording in italics:

Section 12.48.020 Definitions.

As used in this chapter, the following terms are defined in this section:
"Applicant" shall mean any person, firm, organization, association, or corporation, and their authorized designees, that has submitted an application for authorization to conduct, sponsor, or organize an event governed by this chapter.

An applicant must be 18 years of age or older.
"Special Event" shall mean any parade, march, procession, pageant, review, ceremony, festival, assembly or exhibition consisting of persons, animals or vehicles, or a combination thereof which:

1. Is likely to be, planned to be, or actually conducted in, upon, or along, any portion of any city street, sidewalk, alley, or other public right -of-way, or other property owned or controlled by the city;

2. Is likely to, planned to, or actually does obstruct, delay, impede, impair or interfere with the usual, normal and free pedestrian use, vehicular use, or other lawful use of the location; or is likely to, planned to, or actually does not comply with traffic controls or other applicable law; and

3. Provided, however, that a special event shall not include any association of persons which does not present serious traffic, safety, or competing use concerns beyond those presented on a daily basis by ordinary use of the streets and sidewalks, or which does not otherwise implicate significant government interests.

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“Downtown Annual Community Event” means any large scale annual outdoor public event utilizing public areas, including streets and parking lots in the vicinity of Downtown Visalia, generally identified as the area north of Mineral King Avenue, east of Conyer Street, south of Murray Avenue and west of Tipton Street, that have historically had in excess of 1000 attendees in one day. "Expressive Event" shall mean any special event organized or conducted solely or primarily for the purpose of engaging in speech protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.
"Spontaneous Expressive Events" shall mean any expressive event occasioned by news, affairs, or circumstances coming into public knowledge less than five days prior to the date of such event.
"Application Fee" shall mean the fee to be paid by the applicant for a special event at the time the application is filed with the special events committee, or its authorized designee. A fee schedule shall be authorized or established by resolution of the city council and shall cover the actual full costs (or a portion thereof) of processing special event applications.
"Chief of Police" shall mean the chief of police of the City of Visalia, or his/her authorized designee.
"City Manager" shall mean the city manager of the City of Visalia, or his/her authorized designee.
“Street Frontage” shall mean the property line where a lot abuts upon a street and when referring to an area near a business owned by a special event applicant or sponsor it shall refer to the public street abutting the lot where the applicant or sponsor’s business is located and extend to the nearest cross street on either side of the business. The area may be reduced from the nearest cross street if alley access is needed for emergency vehicles, or if the street closure would interfere with public usage, such as transit operations, or block private property access.

SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia he reby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 4. This Ordinance shall take effect thirty days after its adoption.

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SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.

PASSED AND ADOPTED: BRIAN POOCHIGIAN, MAYOR

___________________________
ATTEST:

LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY

___________________________

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

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

Dated: LESLIE CAVIGLIA, CITY CLERK

By Jennifer Gomez, Chief Deputy City Clerk

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0424 Agenda Date: 11/4/2024 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings
Monday, November 18, 2024 @ 7:00 p.m. at 707 W. Acequia Tuesday, December 3, 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.

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Visalia City CouncilNovember 4, 2024

Visalia City Council
November 4, 2024