Agenda packet — Visalia City Council, December 16, 2024 (part 2 of 3)

COV CM Form 2021-02
Last Revised Date:12/06/2024 281

CITY OF VISALIA
315 East Acequia Avenue Visalia, CA 93291
Change Order No.: 1 3010-72000/CP0369-999
Diego Corvera N/A
December 2, 2024
December 4, 2024
City Project No.:

Federal No.:

PO3996
Submitted by:

Date Submitted: Purchase Order No.:

Committee Review Date: Package No. of Pages

CHANGE ORDER FORM
Shirk Capacity Enhancement Project

3.32% Increase / Decrease

0.00% of Original Contract Amount

3.32% Over Original Contract Amount
0 TBD
45 Plus 45
ITEM 6: Increase in BID ITEMS at unit price REMOVED
ITEM 7: Extra work AGREED PRICE
ITEM 4: Extra work AGREED PRICE
Contractor will install sanitary sewer (SS) line as depicted on the Riggin Avenue widening design sheets. Approximately 322 feet of 48" SS line will be installed north of Riggin Ave, an additional 72" manhole will be installed and 20 feet of 24" SS line will be stubbed west to connect to the Riggin Avenue Widening project.

Contractor will be responsible for traffic control operations during constuction. Traffic control will be active for sanitary sewer line installation through the Riggin Ave and Shirk St intersection and north to limits of installation.

ITEM 5: Extra work AGREED PRICE
$0.00
$16,990,633.00
Original Contract Amount:

Net cost of this Change Order:

Total cost of previous Change Orders:

New Contract Amount:

Contractor will replace the originally specified fiber-reinforced sewer pipe to the ADS Sanitite HP 48" pipe. The contractor will also utilize RCP precast manholes instead of the "Armorock" product specified during bidding.

Contractor will be responsible to finish the trench surface per bid item #20 specifications. Final quantity of trench repair will be paid out based on square footage of repair. 4000sf is the estimated trench repair quantity for this change order item #6.

Previously granted additional days:

Note: Change Order Increases greater than $100,000 require City Council authorization. $16,444,225.00
$546,408.00
Original Date of Completion per Contract:

Contract work days added this CO: New Date of Completion:

Contractor will be responsible to finish the trench surface per bid item #20 specifications. Final quantity of trench repair will be paid out based on square footage of repair. 7360sf is the estimated trench repair quantity for this change order item #3.

Page 2 of 3 ends

COV CM Form 2021-02
Last Revised Date:12/06/2024 282
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MILL CREEK
DITCH (p)

MILL CREEK MILL CREEK
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1 inch = 1,000 feet

LOCATION MAP
Shirk Capacity Enhancement from School Avenue to Riggin Avenue 283 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0517 Agenda Date: 12/16/2024 Agenda #: 9.

Agenda Item Wording:

Record Final Subdivision Map - Request authorization to record the final map for Higgins Ranch Phase 1 subdivision, located on the southeast corner of Lovers Lane and Cherry Avenue (101 Lots); and request authorization for the formation of the Landscape and Lighting District No. 24-01 and order the improvements and levying the annual assessments for Assessment District No. 24-01. (Resolution Nos. 2024-69 and 2024-70 required). APN: 127-030-018 Deadline for Action: None
Submitting Department: Community Development
Contact Name and Phone Number: Edelma Gonzalez,
Associate Engineer, [email protected] <mailto:[email protected]>, (559) 713 -4364 Jason Huckleberry, Engineering & Building Department Director, [email protected] <mailto:[email protected]> , (559) 713-4495 Department Recommendation:

Staff recommends that City Council authorize the recordation of the final map for Higgins Ranch Phase 1 subdivision, located on the southeast corner of Lovers Lane and Cherry Avenue (101 Lots).

Staff also recommends the City Council adopt Resolution No. 2024-69 initiating proceedings for the formation of Assessment District No. 24-01 “Higgins Ranch” and adopt Resolution No. 2024-70 ordering the improvements and levying the annual assessments for Assessment District No. 24-01, “Higgins Ranch”.

Background Discussion:

The final map for Higgins Ranch Phase 1 subdivision will subdivide a portion of a 32.35-acre parcel into 100 single-family residential lots, a single 12.13-acre lot for future phase 2 expansion, and two outlots (Lots A & B). Lots A & B are the landscape lots along Lovers Lane frontage to be dedicated to the maintenance district formed with the subdivision. The proposed single-family subdivision will be accessible from Lovers Lane on the west side, Cherry Avenue on the north side, and serviced by the interior local public streets with full improvements such as curb, gutter, parkway landscaping, sidewalk, streetlights, and other public utility infrastructure (i.e., sewer lines, storm drainage, gas, electricity, and water). Phase 2 will be subdividing the remaining portion of the 12.13-acre parcel into 74 single-family residential lots and an approximately 9,500 square foot pocket park.

Both interior and exterior streets will be improved to their ultimate right-of-way width within the boundaries of the Higgins Ranch subdivision. Improvements along exterior streets will be completed with Phase 1 and includes construction of curb, gutter, parkway landscaping, sidewalk, 6’ block-wall, streetlighting, median improvements and undergrounding of utility lines.

The final map is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, Jen Hold Co 24 LLC, A California Limited Partnership, as Visalia City Council Page 1 of 3 Printed on 12/13/2024
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File #: 24-0517 Agenda Date: 12/16/2024 Agenda #: 9.
have been submitted by the developer, Jen Hold Co 24 LLC, A California Limited Partnership, as follows: 1) An executed subdivision agreement; 2) a Faithful Performance Bond in the amount of $5,595,110.00; 3) a Labor and Materials Bond in the amount of $2,797,555.00; 4) a Maintenance Bond in the amount of $559,511.00; 5) a cash payment of $1,097,013.40 distributed to various accounts to cover City fees; and 6) 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. 24-01 has been reviewed and approved as to form by the Landscape and Lighting District Committee. All new landscaping installed within the outlots and parkways for this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO requires that landscaping and irrigation plans be certified by a qualified entity (i.e., a Landscape Architect) for compliance with the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plant and tree species, and by limiting the portion of landscapes that can be covered in turf.

The Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Material Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Material Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of the public improvements will be required prior to recording the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.

The City of Visalia has been allowing the developers of subdivisions to form assessment districts under the Landscape and Lighting Act of 1972, and now under Proposition 218, in lieu of using homeowners associations for the maintenance of common features such as landscaping, irrigation systems, street lights, street trees, and local streets. The maintenance of these improvements is a special benefit to the development and enhances the land values to the individual property owners in the district.

The Landscape and Lighting Act allows for the use of summary proceedings when all the affected property owners have given their written consent to waive the requirement for a public hearing. The notice period is also waived. The owner of this development has given their written consent to waive the public hearing and form this district. The use of summary proceedings allows for the initiation of proceedings and the final annexation action of the assessment district to be acted upon together as separate resolutions.

Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map (emphasis added).” Disapproval based upon any other reasons would be outside the authority of the Visalia City Council Page 2 of 3 Printed on 12/13/2024
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File #: 24-0517 Agenda Date: 12/16/2024 Agenda #: 9.
(emphasis added).” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final map pursuant to Section 16.24.080, and require that the City Engineer so indicate on the map, however staff’s recommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.

Fiscal Impact:
100 lots (Phase 1) of the 174-lot total (Phase 1 & 2) will contribute to Landscape and Lighting Assessment District No. 24-01 created for maintenance of common features related to this subdivision (e.g., Higgins Ranch). These common features include, but are not limited to, pavement on local street, block walls, streetlights, pocket park, and landscaping and irrigation within and along the outlots. The annual lot assessment will be $745.14 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.

Other: The tentative subdivision map for Higgins Ranch (Tentative Subdivision Map No. 5585) was approved by the Planning Commission on May 9th, 2022. Annexation No. 2021-03 for Higgins Ranch was approved by the Planning Commission on May 9th, 2022, based on the findings and conditions in Resolution No. 2021-65.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the recordation of the final map for Higgins Ranch Phase 1 subdivision; the adoption of Resolution No. 2024-69 initiating proceedings for the formation of Assessment District No. 24-01 “Higgins Ranch”; and the adoption of Resolution No. 2024-70 ordering the improvements and levying the annual assessments for Assessment District No. 24-01 “Higgins Ranch”.

Environmental Assessment Status: Complete. Mitigated Negative Declaration (MND) No. 2021-49 was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines adopted December 13th, 2021.

CEQA Review: Mitigated Negative Declaration (MND) No. 2021-49 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. Resolution Documents including Resolution Initiating Proceedings for Formation Clerk’s Certification Resolution Ordering the Improvements
Exhibit A - Assessment Diagram
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
Visalia City Council Page 3 of 3 Printed on 12/13/2024
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RESOLUTION NO. 2024-__

RESOLUTION INITIATING PROCEEDINGS
FOR ASSESSMENT DISTRICT NO. 24-01
Higgins Ranch
(Pursuant to Landscape and Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council proposes to form an assessment district pursuant to the Landscaping & Lighting Act of 1972 (Section 22500 and following, Streets & Highways Code) for the purpose of the following improvements:

Maintenance of street trees, landscaping, local streets, streetlights, block walls, pocket park, and any other applicable equipment or improvements.

2. The proposed district shall be designated “Assessment District No. 24-01, City of Visalia, Tulare County, California,” and shall include the land shown on the map designated “Assessment Diagram, Assessment District No. 24-01, City of Visalia, Tulare County, California”, which is on file with the City Clerk and is hereby approved and known as “Higgins Ranch”.

3. The City Engineer of the City of Visalia is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the Engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972.

PASSED AND ADOPTED: ___________ ____, 2024 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2024-__ passed and adopted by the Council of the City of Visalia at a regular meeting held on __________ ___, 2024.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
298
CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 24-01
Higgins Ranch
(Pursuant to Landscaping & Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:

I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 24-01, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on ___________ ____, 2024 by its Resolution No. 2024-__.

This document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
299
RESOLUTION NO. 2024-__

RESOLUTION ORDERING THE IMPROVEMENTS FOR
ASSESSMENT DISTRICT NO. 24-01
Higgins Ranch
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 24-01, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed formation.

2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.

3. The owners of all land within the boundaries of the proposed landscape and lighting district have filed their consent to the formation of the proposed district, and to the adoption of the Engineer’s Report and the levy of the assessments stated therein.

4. The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and in the Engineer’s Report.

5. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2025/26.

6. The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:
a. Clerk’s Certification to County Auditor
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d. Engineer’s Report:

Exhibit A - Assessment Diagram showing all parcels of real property within the Assessment District
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
300
PASSED AND ADOPTED: ___________, 2024 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Jennifer Gomez, Chief Deputy City Clerk
301
Exhibit “A”
Assessment Diagram
Landscape & Lighting Assessment District No. 24-01
Higgins Ranch
302
Exhibit “B”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 24-01
Higgins Ranch
303
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 24-01
Higgins Ranch
Fiscal Year 2025/26
APN # Assessment Owner Lot # District
To be assigned $754.54 Jen HoldCo 24 LLC 1 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 2 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 3 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 4 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 5 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 6 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 7 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 8 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 9 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 10 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 11 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 12 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 13 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 14 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 15 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 16 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 17 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 18 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 19 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 20 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 21 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 22 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 23 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 24 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 25 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 26 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 27 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 28 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 29 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 30 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 31 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 32 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 33 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 34 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 35 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 36 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 37 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 38 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 39 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 40 24-01 Higgins Ranch To be assigned $754.54 Jen HoldCo 24 LLC 41 24-01 Higgins Ranch 304
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 24-01
Higgins Ranch
Fiscal Year 2025/26
APN # Assessment Owner Lot # District
To be assigned $754.54 Jen Hold Co 24 LLC 42 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 43 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 44 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 45 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 46 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 47 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 48 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 49 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 50 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 51 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 52 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 53 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 54 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 55 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 56 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 57 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 58 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 59 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 60 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 61 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 62 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 63 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 64 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 65 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 66 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 67 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 68 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 69 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 70 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 71 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 72 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 73 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 74 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 75 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 76 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 77 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 78 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 79 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 80 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 81 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 82 24-01 Higgins Ranch 305
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 24-01
Higgins Ranch
Fiscal Year 2025/26
APN # Assessment Owner Lot # District
To be assigned $754.54 Jen Hold Co 24 LLC 83 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 84 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 85 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 86 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 87 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 88 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 89 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 90 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 91 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 92 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 93 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 94 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 95 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 96 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 97 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 98 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 99 24-01 Higgins Ranch To be assigned $754.54 Jen Hold Co 24 LLC 100 24-01 Higgins Ranch 306
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 24-01
Higgins Ranch
Fiscal Year 2025/26
General Description
This Assessment District (24-01, Higgins Ranch) is located at the southeast corner of Lovers Lane and Cherry Avenue. Exhibit “A” is a map of Assessment District 24-01. This District includes outlots, a pocket park, and local roads. The district will maintain shrub areas, street and landscape trees, irrigation systems, block walls, streetlights, pavement on local streets, pocket park, and any other applicable equipment or improvements. The maintenance of irrigation systems and block wall includes, but is not limited to, maintaining the structural and operational integrity of these features and repairing and acts of vandalism (graffiti, theft or damage) that may occur. This District also includes the preventative maintenance of all internal local City streets by means including, but not limited to overlays, cape seals, crack seals, and reclamite (oiling). The total number of lots within the district is 174, of which 100 will be assessed for Fiscal Year 2025/26.

Determination of Benefit
The purpose of landscaping is to provide an aesthetic impression for the area. The lighting is to provide safety and visual impressions for the area. The block wall provides security, aesthetics, and sound suppression. The maintenance of any landscape areas, streetlights, streets, and block walls is vital for the protection of both economic and humanistic values of the development. In order to preserve the values incorporated within developments and to concurrently have an adequate funding source for the maintenance of all internal local streets within the subdivision, the City Council has determined that landscape areas, streetlights, block walls, street trees, and all internal local streets should be included in a maintenance district to ensure satisfactory levels of maintenance.

Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally, including lots not adjacent to landscape areas, block walls, and street lights. The lots not adjacent to landscape areas, block walls, and streetlights benefit by the uniform maintenance and overall appearance of the District.

All lots in the District have frontage on an internal local street and therefore derive a direct benefit from the maintenance of the local streets.

Estimated Costs
The estimated costs to maintain the District includes the costs to maintain any landscaping, street trees, landscape trees, street lights, block walls, and pavement on local streets. The regular preventive maintenance of pavement on local streets is based on the following schedule:

Reclamite on a 5 year cycle, Crack Seal on a 7 year cycle; Cape Seal on a 15 year cycle and Overlays on a 20 year cycle.
307
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 24-01
Higgins Ranch
Fiscal Year 2025/26
The quantities, estimated costs, and per lot assessment in the “Higgins Ranch” Landscape and Lighting District are as follows:
308
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 24-01
Higgins Ranch
Fiscal Year 2025/26
Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($129.653.64) (1.05) (n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed;
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.

The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.

Example 1) The year four estimated costs are $141,322.47 [a 9% increase over the base year assessment of $129.653.64]. The ceiling on the assessment increase for year four would be $150,090.29 [ceiling = ($129.653.64) (1.05) (4-1)]. The assessment would be set at $141,322.47 or the actual cost of providing the maintenance effort.

Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $148,358.58 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $150,090.29 [ceiling = ($129.653.64) (1.05) (4-1)]. The assessment would be set at $148,358.58 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year-to-year increase is less than the 10% cap on increases in any given year.

Example 3) The year four assessment is $141,322.47 [a 9% increase over the base year assessment $129.653.64] and damage occurred to the masonry wall raising the year five assessment to $172,413.41 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $155,454.71, a 10% increase over the previous year and under the ceiling of $157,594.81 [ceiling = ($129.653.64) (1.05) (5-1)]. The difference of $16,958.70 will be recognized as a deficit and carried over into future years’ assessment.

City Engineer Certification
I hereby certify that this report was prepared under my supervision and this report is based on information obtained from the improvement plans of the subject development.

Christopher Crawford Date
City Engineer
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0518 Agenda Date: 12/16/2024 Agenda #: 10.

Agenda Item Wording:

Recreational Facility Lease Agreement - Authorize City Manager to execute a new lease agreement with Tulare County Office of Education for the continued lease of a portion of the Manuel F. Hernandez Community Center for operation of the Tulare County Early Childhood Education Program.

Deadline for Action: 12/2/2024
Submitting Department: Community Services
Contact Name and Phone Number: Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Laurissa Roggenkamp, Recreation Manager 713-4336 [email protected] <mailto:[email protected]>; Jason Glick, Parks and Recreation Director 713-4042; jason.glick@visalia <mailto:jason.glick@visalia> Department Recommendation:

Staff recommends that City Council authorize the City Manager to execute a new lease agreement with Tulare County Office of Education for the continued lease of a portion of the Manuel F.

Hernandez Community Center for an initial term of one year with the option for an additional one-year extension.

Background Discussion:

The City of Visalia has had a long partnership with the Tulare County Office of Education (TCOE) for the purpose of providing pre-school programming for families in Visalia. This partnership has consisted of TCOE leasing the Fairview Community Center and portions of the Manuel F. Hernandez Community Center.

The use of Manuel F. Hernandez Community Center has continued on a month-to-month basis since the prior lease agreement expired on June 30, 2024. This proposed lease agreement, with Council authorization, will be executed as of July 1, 2024, for an initial one-year term with one additional oneyear extension for a maximum term of two years with an end date of June 30, 2026.

The Tulare County Office of Education (TCOE) has requested a short-term lease agreement for the Manuel F. Hernandez Community Center, while they perform a major renovation project at the Fairview Community Center. TCOE is also constructing a new facility with a commercial kitchen to cook and provide meals for their pre-school programs and may not renew the lease agreement for the Manuel F. Hernandez Community Center at the end of term.

Fiscal Impact:

The new proposed lease amount is $20,247.85 for the first year of the agreement. The amount for any extended portion of the lease amount shall be adjusted annually by using the Consumer Price Visalia City Council Page 1 of 2 Printed on 12/13/2024
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File #: 24-0518 Agenda Date: 12/16/2024 Agenda #: 10.

Index (CPI) for All Urban Consumers as published by the U.S. Bureau of Labor Statistics.

Additionally, TCOE shall pay a proportional share of all utilities and landscape maintenance charges based on total square footage
Prior Council Action: July 18, 2022 - Council authorized lease agreement for Fairview Community Center for initial term of one year, with the option to extend for one additional year and ending July 30, 2024. January 1, 2019 -
Council authorized lease agreement for Fairview Community Center with an initial five-year term to end. July 13, 2009 - Council authorized execution
of lease agreements for both the Manuel F. Hernandez and Fairview Community Centers with an initial five-year term to end on June 20, 2014, with one five- year extension option.

Other: N/A
Alternatives: Reject the lease agreement and negotiate a new lease per Council’s direction.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute a new lease agreement with the Tulare County Office of Education for the continued lease of the portions of the Manuel F. Hernandez Community Center for an initial term of one-year, with the option to extend for one additional year.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Lease Agreement Between the City of Visalia and Tulare County Office of Education for the Manuel F. Hernandez Community Center.

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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0520 Agenda Date: 12/16/2024 Agenda #: 11.

Agenda Item Wording:

Design Award for Culvert Replacement - Authorize the City Manager to award a design contract with 4Creeks, Inc. for the design of the Giddings Street Culvert Replacement Project for $260,700; appropriate $50,000 from the Wastewater Fund and appropriate $250,000 from the SB1 Road Maintenance and Rehabilitation Fund.

Deadline for Action: 12/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Katherine Woodhull-Fuget, Associate Engineer, [email protected], (559) 713- 4447
Eric Bons, Senior Civil Engineer, [email protected], (559) 713-4350 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation:

Staff requests City Council authorize the City Manager to award a design contract with 4Creeks, Inc. for the design of the Giddings Street Culvert Replacement Project for $260,700; appropriate $50,000 from the Wastewater Fund and appropriate $250,000 from the SB1 Road Maintenance and Rehabilitation Fund.

Background Discussion:

The existing culvert within Giddings Street between Main Street and Mineral King Avenue was constructed in the 1910s. The culvert has been in service for over 100 years, and it is in need of replacement. City staff visually inspected the existing concrete culvert and observed visible cracking within the concrete culvert and settlement within the pavement in Giddings Street. City staff hired a structural engineer to conduct a visual inspection of the existing culvert in October of 2024. The structural engineer’s recommendation is to replace the existing culvert with a new culvert as soon as possible due to the cracks within the structure, exposed reinforcement, and the overall age of the culvert.

Replacing the culvert will require the relocation of multiple utilities, including relocating an existing 10” sanitary sewer main that crosses from north to south through the existing culvert. City staff will coordinate with the impacted utility companies to relocate the effected utilities as soon as possible.

The proposed schedule for the replacement of the culvert is to perform the work between August and November 2025 when Mill Creek typically does not have water flowing. According to the Kaweah Delta Water Conservation District (KDWCD), under normal conditions, Mill Creek is dry by the end of August, with irrigation flows ending sooner (in June or July) in dry years and later (in September) in Visalia City Council Page 1 of 3 Printed on 12/13/2024
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File #: 24-0520 Agenda Date: 12/16/2024 Agenda #: 11.

August, with irrigation flows ending sooner (in June or July) in dry years and later (in September) in wet years. The schedule shown below identifies the various steps needed to meet the proposed project timeline.

Award a design contract: December 2024
Design of Culvert: January - May 2025
Advertise Construction Project: May - June 2025
Award Construction Contract: July 2025
Construction: August - November 2025
By awarding the construction contract in July, the City will be able to start construction as soon as the creek dries up. This will provide a contractor up to five months to remove and replace the existing culvert. The advertisement and award of the construction project will take three months which means the design will need to be completed by May 2025. To meet this schedule, staff solicited design proposals from three local consulting firms that are qualified to perform the design of a new culvert.

Each of these consulting firms are currently working on other capital projects for the City. The three firms were Lars Andersen & Associates Inc., Provost & Pritchard Consulting Group, and 4Creeks, Inc. Provost & Pritchard Consulting Group responded declining to provide a proposal. The prequalified consulting firms were evaluated on proposal thoroughness, knowledge of the project and process, and ability to meet the project schedule. City staff evaluated proposals from Lars Andersen & Associates Inc. and 4Creeks Inc. and 4Creeks Inc. was selected based on the above listed criteria.

Following normal procurement policies from design to construction on a project of this magnitude would most likely take 14-18 months. The design procurement process discussed above was required due to the immediate nature of the replacement needed for this specific culvert and the short construction window when the creek is dry.

Staff will have to work with the design consultant and environmental permitting agencies to try to expedite or waive normal permitting timelines so the culvert can be reconstructed as soon as possible. This timeline is dependent on getting waivers on normal timelines and is subject to change.

Fiscal Impact:

The Gidding Street Culvert Replacement Project is to be funded by the Wastewater Fund and the SB1 Road Maintenance and Rehabilitation Fund. The table below is a breakdown of the overall project budget.

Project Cost:

Design Consultant Contract (4Creeks Inc.) $ 260,700
Design Staff Time $ 39,000
Total Estimated Design Cost: $ 300,000
Construction Contract (TDB) $1,900,000
Contingency (10% of construction cost) $ 190,000
City Surveying $ 20,000
City Construction Management & Inspection $ 15,000
Geo-Technical $ 10,000
Total Estimated Construction Cost: $2,135,000
Total Project Cost: $2,455,000
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File #: 24-0520 Agenda Date: 12/16/2024 Agenda #: 11.

Construction Contract (TDB) $1,900,000
Contingency (10% of construction cost) $ 190,000
City Surveying $ 20,000
City Construction Management & Inspection $ 15,000
Geo-Technical $ 10,000
Total Estimated Construction Cost: $2,135,000
Total Project Cost: $2,455,000
Appropriation Request - Design Phase
Wastewater (431) $ 50,000
SB1 Road Maintenance and Rehabilitation Fund (113) $ 250,000 Total Appropriation Request: $ 300,000
The construction funding will be addressed prior to or with the award of the construction contract.

The Wastewater Fund will fund the component of the project to relocate the existing sewer main. As the culvert is related to the street, the SB1 Road Maintenance Fund or other Street Funds will fund the replacement of the culvert and associated road improvements.

Prior Council Action:

No prior Council Action.

Other:

None.

Alternatives:

None Recommended.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to award a design contract with 4Creeks Inc. for the design of the Giddings Street Culvert Replacement Project for $260,700; appropriate $50,000 from the Wastewater Fund and appropriate $250,000 from the SB1 Road Maintenance and Rehabilitation Fund.

Environmental Assessment Status:

CEQA to be addressed during the design process.

CEQA Review:

CEQA to be addressed during the design process.

Attachments:

1. Map of Project Area

2. 4Creeks Inc. Ownership Disclosure
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Mill Creek Culvert Replacement at Giddings Street Project The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

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

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

OWNERSHIP DISCLOSURE
____________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company _________________________________________________________________________________________________________ Address
List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
_________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________

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

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

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

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

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
____________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company __________________________________________ _____________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual 4Creeks, Inc.
324 S. Santa Fe Street, Visalia, CA 93292
X
4Creeks, Inc.
100% ESOP
Matt Ainley, PE
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0524 Agenda Date: 12/16/2024 Agenda #: 12.

Agenda Item Wording:

American Rescue Plan Act -Appropriate funding for the remaining American Rescue Plan Act (ARPA) projects and close out the grant.

Deadline for Action: 12/16/2024
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Renee Nagel, [email protected], 713-4375 Department Recommendation:

Staff recommends that Council appropriates the remaining ARPA projects (up to $7.7 million) in the General Fund and complete the close out process with the US Department of Treasury.

Background Discussion:

The American Rescue Plan Act of 2021 (ARPA) is the $1.9 trillion economic stimulus bill signed in March 2021. The City of Visalia received $29,364,455 million in one-time funding. The US Department of Treasury (Treasury) designated these funds to be spent by local governments to provide healthier and safer indoor and outdoor environments for residents, visitors, and employees; assist with investments in outdoor spaces and programs that promote responsible public gatherings; help pay for essential services, more secure broadband, and other critical public infrastructure; and compensate cities for relevant first responder expenses. Expenditures or obligations from these funds must be between March 3, 3021, through December 31, 2024. Funds obligated by December 31, 2024, must be expended by December 31, 2026. Any funds not obligated or expended for eligible uses by this timeline must be returned to the US Treasury Department.

In December 2021, Council approved using the ARPA funds for 34 projects that complied with the Treasury's Eligibility Categories, the GFOA Guiding Principles, and the Council's Budget Goals.

Since December 2021, City staff has been working on these projects which includes purchasing equipment, initiating new City programs, and establishing contracts to design and construct City improvements. These projects must follow federal requirements which typically takes longer than projects using local funds. To date $21.6 million has been spent and $5 million has been obligated as shown in Table 1 - ARPA Projects by Category. Obligated are amounts still owned per the contract which will be paid once services are completed and invoiced. There is $2.7 million in projects that were unable to begin for various reasons or have began and are not obligated (under contract). The SWEEP program is an example of not being obligated due to being performed in house.

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File #: 24-0524 Agenda Date: 12/16/2024 Agenda #: 12.

Table 1 - ARPA Projects by Category
In January 2025, the City is required to submit another quarterly report which will be through December 31, 2024. The $2.7 million will need to be returned as part of the close-out process which has not been established yet.

The current guidelines from Treasury are clear about obligated expenditures being allowed until December 31, 2026. However, it is unclear if the new administration in Washington, DC, will continue this policy. The Teasury Department has the authority to change guidelines (requirements) and has issued 6 versions to date with several changes to already established requirements. Staff is concerned that the $5 million, currently obligated, could be at risk and may be required to payback.

In an effort to maximize the ARPA funds and fully spend the funds, staff is recommending to close out the grant completely by changing the use categories. This means all obligated and unobligated funds will be charged to the 6.1 Revenue Replacement for Public Safety category. These expenses are considered "Provisions of Government Services" and would expend the remaining amount.

These funds would then be appropriated in the General Fund to complete the remaining ARPA projects as approved by Council.

This process would allow the City to complete all listed projects without time constraints and federal requirements. ARPA reporting would show every project as 100% complete which is allowed under the ARPA guidelines and leaves no funding open to being returned to the Federal Treasury. In addition, staff met with a consultant who specializes in ARPA funding, and he agreed that this methodology is the most effective way to utilize all APRA funds. Staff will continue to submit all required ARPA reports through the official close out period.

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File #: 24-0524 Agenda Date: 12/16/2024 Agenda #: 12.

Fiscal Impact:

In order to utilize all ARPA funds and complete the approved projects, staff recommends switching the obligated and remaining project funds (Approxmately $7.7 million) to the 6.1 Revenue Replacement category. This allows the General Fund to be reimbursed for salaries and benefits with ARPA funds and then re-appropriate these projects in the General Fund causing a net zero cost to the General Fund. This would allow the City to close out the ARPA Grant and eliminate the risk of having unused ARPA funds that would have to be returned to US Treasury at some point.

The final amount is anticipated to be less and will be calculated after all invoices are processed.

Table 2 - ARPA Project Summary, shows the total estimated project cost.

Table 2 - ARPA Project Summary
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File #: 24-0524 Agenda Date: 12/16/2024 Agenda #: 12.

Prior Council Action: On December 20, 2021, the Council approved the projects presented and appropriated the funding from the ARPA Fund (642).

Other: N/A
Alternatives: Keep the remaining projects in the ARPA fund and potential return $7.7 million to US Treasury through the Close Out process as unspent.

Recommended Motion (and Alternative Motions if expected):

I move to appropriate up to $7.7 million in the General Fund for the ARPA projects not completed.

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

Visalia City Council Page 4 of 4 Printed on 12/13/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0527 Agenda Date: 12/16/2024 Agenda #: 13.

Agenda Item Wording:

Award of Landscape Maintenance Contract - Authorize the City Manager to Award annual contract for Landscape Maintenance of City Facilities to Brightview Landscape Services Inc., of Fresno, CA, for an annual not to exceed amount of $159,012.

Deadline for Action: 12/16/2024
Submitting Department: Community Services
Contact Name and Phone Number: Zach Huff, Acting Urban Forestry Supervisor 713-4295; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Jason Glick, Community Services Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the award of an annual contract for landscape maintenance to Brightview Landscape Services Inc., of Fresno, CA, in the amount of $144,556 plus a ten percent contingency ($14,456), per specifications of RFB 23-24-33. The total annual not to exceed amount is $159,012.

Background Discussion:

The previous City Facilities landscape contract expired on April 30, 2024, and has been on a month-to-month basis with a temporary contract, awaiting the award of a new formal landscape maintenance contract. The City Facilities contract includes the landscape maintenance of several City administrative building, police facilities, airport, animal control, fire station 51 and 55, and various other City facilities (see Exhibit D-1).

On October 25, 2024, and October 30, 2024, the City solicited bids by advertising in the Visalia Times Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting contractors to participate in this bid process.

On Monday, November 4, 2024, a pre-bid meeting was held in the City Council Chambers. During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.

Staff received questions from contractors where staff carefully reviewed and answered them in separate addendums.

On November 21, 2024, the City received bids from two (2) contractors in the Bid Summary below. Brightview Landscape Services Inc., of Fresno, CA was the qualified low bidder for RFB 23-24-33 Landscape Maintenance of City Facilities contract.

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File #: 24-0527 Agenda Date: 12/16/2024 Agenda #: 13.
· Brightview Landscape Services Inc, Fresno, CA $144,555.72 annually · Clean Cut Landscape Management Inc, Clovis, CA $158,105.64 annually · Visalia Landscape & Tree Company Inc, Visalia, CA $166,190.40 annually · JC’s Land Management, Kingsburg, CA $176,048.04 annually · Perfect Care Landscape & Maintenance, Tulare, CA $183,092.52 annually With this contract, some extra work may be needed from time to time, such as shrub and tree replacement, irrigation improvements, and fertilization in districts with sufficient funding. A ten (10) percent contingency is being added to the contract to cover those extra tasks. The scope of work was also updated giving the contractor more specific shrubs heights and leaf litter cleaning intervals to improve the appearance of the landscapes. Another change within the scope of work for landscape maintenance contracts going for three (3) tiers of level of service. This will enable City staff to reduce cost for facilities experience budget restraints, by reducing the intervals of service. (Please attachment Levels of Service) Brightview Landscape Services Inc currently has other landscape maintenance contracts in various locations in the City and is fully aware of the expectations by residents and staff to maintain the facilities within the City Facilities landscape contract at a “Level A” service.

This is considered a Public Works maintenance contract and therefore is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’s Labor Compliance Manual which was a part of the specifications.

Annual price increase adjustments at time of renewal of contract are based on the Consumer Price Index specified in the contract documents. Cost for future additions to the project area (if necessary) will be calculated by multiplying the Contractor’s Unit Price by the square footage of area being added to contract.

The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.

Fiscal Impact:

The fiscal impact for RFB 23-24-33 Annual Contract for Landscape Maintenance of City Facilities will be allocated from each department’s operational 55230 account, of which funds have been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject low bidder and go out for another Request for Bidders.

Recommended Motion (and Alternative Motions if expected):

I move to award an annual contract for landscape maintenance of City Facilities, to Brightview Landscape Services Inc, (RFB 23-24-33) for an annual not to exceed amount of $159,012.

Environmental Assessment Status: N/A
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File #: 24-0527 Agenda Date: 12/16/2024 Agenda #: 13.

CEQA Review: N/A
Attachments: Annual Contract for Landscape Maintenance of City Facilities RFB 23-24-33, RFB 23-24-33 Addendum 1, Brightview Landscape Services Inc signed bid form and disclosures, Exhibit D-1 Location Listing & Sq Ft, Exhibit D-2 Location Maps.

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BID NO. 23-24-33

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of CITY FACILITIES
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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 23-24-33

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

CITY FACILITIES
Bid Submittal Deadline: Thursday, November 21, 2024, at 2:00 P.M.

Bids received after the time and date stated above shall be returned unopened to the bidder.

The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein.

The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Bidder for at least ninety (90) days.

Contract resulting from this bid process is considered a Public Works Maintenance Contract, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached). All Bidders and Subcontractors (if any) must be registered with the DIR to be eligible to bid on, be listed as a subcontractor, or perform work under this contract.

Direct inquiries regarding clarification of this bid document to the Purchasing Division (559) 713-4334. To prevent misinterpretation, especially questions regarding contract requirements or regarding the scope of services, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected]. All questions must be received by 4:00pm on Friday, November 8, 2024.

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TITLE TABLE OF CONTENTS PAGES
I. Definitions ................................................................................................................... 4 II. Introduction ................................................................................................................. 4 III. Instructions to Bidders .............................................................................................. 6 IV. Landscape & Lighting Maintenance Acreage Policy .............................................. 6 V. Contract Acceptance After Award ............................................................................ 7 VI. Scope of Work/Services ............................................................................................ 8 A. Standard Requirements ......................................................................................... 8 B. Landscape Maintenance ...................................................................................... 11 C. Important Notice ................................................................................................... 22 D. Department of Industrial Relations Requirements ............................................... 22 E. City of Visalia Labor Compliance Manual ............................................................ 25 VII. General Conditions .................................................................................................. 25 A. Contracting Agency .............................................................................................. 25 B. Term of Contract .................................................................................................. 25 C. Pricing .................................................................................................................. 26 D. Approximate Estimate .......................................................................................... 26 E. Examination of Specifications and Site(s) of Work .............................................. 26 F. Discrepancies and Misunderstandings ................................................................ 27 G. Bid Forms ............................................................................................................. 27 H. Withdrawal of Bids ............................................................................................... 27 I. Disqualification of Bidders.................................................................................... 27 J. Opening of Bids ................................................................................................... 27 K. Incurring Costs ..................................................................................................... 28 VIII. Protests and Appeals ............................................................................................... 28 IX. Award and Execution of Contract ........................................................................... 28 A. Evaluation and Award of Contract ....................................................................... 28 B. Basis of Bid Award ............................................................................................... 29 C. References ........................................................................................................... 29 D. Cooperative Agreements ..................................................................................... 29 E. Contract Bonds .................................................................................................... 29 F. Failure to Execute Contract .............................................................................. 29 X. Control of Work ........................................................................................................ 30 A. City-Contractor Relations ..................................................................................... 30 B. Care of Existing Structures .................................................................................. 30 C. Existing Utilities .................................................................................................... 30 D. Labor .................................................................................................................... 31 E. Use of City Personnel and Equipment ................................................................. 31 F. Materials............................................................................................................... 32 XI. Measurement and Payment ..................................................................................... 32 A. Billing and Payments ........................................................................................... 32 B. Measurement and Payment ................................................................................. 32 C. City’s Right to Withhold Certain Amounts ............................................................ 32 D. Extra Work ........................................................................................................... 34 XII. Legal Responsibilities & Special Provisions ......................................................... 34 A. Assignment .......................................................................................................... 34 B. Termination of Contract ....................................................................................... 34 C. Rights and Remedies of City for Default .............................................................. 34 D. Permits and Licenses ........................................................................................... 34 E. Equal Employment Opportunity ........................................................................... 35 F. Ethics in Public Contracting ................................................................................. 35 G. Disclosure of Independence and Relationship .................................................... 35 H. Prevailing Wages and Labor Laws ...................................................................... 35 I. Insurance and Indemnification ............................................................................. 36 337
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J. Public Convenience and Safety ........................................................................ 36 K. Safety Orders .................................................................................................... 37 L. Hazardous Waste ............................................................................................. 37 M. Dust Abatement ................................................................................................ 37 N. Noise Levels ..................................................................................................... 37 O. Personnel Protective Equipment ...................................................................... 37 P. Right to Require Performance .......................................................................... 37 Q. Compliance with Laws ...................................................................................... 38 R. Venue ............................................................................................................... 38 S. Firearms ............................................................................................................ 38 T. Executive Order N-6-22 – Russia Sanctions .................................................... 38 Exhibits (Exhibits A through B-9 are to be completed and submitted with Bid) Exhibit A Bid Form ............................................................................................... 39-42 Exhibit B-1 E.E.O. Compliance Certification (To accompany bid form) ...................... 43 Exhibit B-2 Certificate of Non-Segregated Facilities .................................................... 44 Exhibit B-3 Bid Guarantee ........................................................................................... 45 Exhibit B-4 Non-Collusion Affidavit .............................................................................. 46 Exhibit B-5 Certificate concerning Workers Compensation Insurance ........................ 47 Exhibit B-6 Americans with Disabilities Act Compliance Certificate ............................ 48 Exhibit B-7 Disclosure Forms....................................................................................... 49 Exhibit B-8 Drug-Free Workplace Certification ............................................................ 50 Exhibit B-9 Iran Contracting Act Certification ............................................................... 51 Exhibit C Sample Contract (for information only, do not submit with bid) ................ 52 Attachment 1, General Contract Provisions ............................................. 55 Attachment 2, Standard Insurance Requirements .................................... 57

Separately Attached:

Exhibit D-1 Locations Listing and Square Footages
Exhibit D-2 Locations Maps
Exhibit D-3 Water Conservation Ordinance
Exhibit D-4 City of Visalia Labor Compliance Manual
Exhibit D-5 Applicable State Prevailing Wages
Exhibit D-6 Monthly Irrigation Report Template
Exhibit D-7 Water Schedule Worksheet

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I. DEFINITIONS
For the purposes of RFB NO. 23-24-33 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFB” means Request for Bid No. 23-24-33.

II. INTRODUCTION
The City of Visalia is requesting bids for landscape maintenance of City facilities. Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

This contract is for the maintenance of approximately 1,020,346.98 sq. ft. (23.424 acres) Refer to Attachment D1 and D-2 of this RFB for square footage and location details.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Award will be made to the lowest bidder whose proposal is deemed both responsive and responsible and meets the requirements and criteria set forth in this RFB.

A Non-Mandatory Pre-Bid Meeting has been scheduled for this project. Bidder attendance is encouraged but not required. at. Meeting will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:

Monday, November 4, 2024 at 10:00 AM
Time will be set aside at these meetings for Contractors to ask questions about the project work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job sites, scope of work and any problems or difficulties that may affect the work proposed.

This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this regarding this RFB should be directed to the Purchasing Division at (559) 713- 4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected].

Any revisions to the Invitation to Bid will be issued and distributed as addenda. Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.

Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address. 339
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The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

Public Works Maintenance contract: Notice is hereby given that this is a Public Works Maintenance Contract.

In compliance with SB854 and Labor Code Section 1725.5, all contractors and subcontractors bidding and performing work on Public Works Projects must: 1) Be currently registered with the California Department of Industrial Relations (DIR), 2) Furnish electronic payroll records for new projects to the Labor Commissioner.

Awarded Contractor will be required to furnish the City of Visalia with their DIR registration number. See Scope of Work, Section D and City of Visalia Labor compliance Manual (attached) for additional details.

Prevailing Wages: Awarded Contractor must comply with State Regulations that apply to this contract, including payment of prevailing wages. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations. The prevailing wages associated with this work are attached as Exhibit D-5.

The City of Visalia affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, creed, age, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The City of Visalia reserves the right to reject any or all bids. 340
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III. INSTRUCTIONS TO BIDDERS

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

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

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

From: Bidders Name & Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291

In lower left-hand corner of envelope write or type: Landscape Maintenance City Facilities RFB NO. 23-24-33

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

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

6. Submit a copy of Bidder’s valid Pesticide Applicator’s License (QAL) Category B and a copy of Bidder’s valid Maintenance Gardener Pest Control Business License. If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL Category B) and a valid Maintenance Gardener Pest Control Business License, the Bidder must properly identify the subcontractor on the Subcontractor Listing Form with the bid. All Subcontractors must be DIR Registered and maintain registration to perform work under this contract.

7. Inquiries regarding this Request for Bids may be directed to the Visalia Purchasing Division, at (559) 713-4334. However, to prevent misinterpretations, the Purchasing Department requests that all questions be submitted in writing via email [email protected].

Questions regarding this RFB are due no later than 4:00pm on Friday, November 8, 2024.

IV. LANDSCAPE AND LIGHTING MAINTENANCE ACREAGE POLICY
The City of Visalia enacted a Landscape and Lighting Maintenance Acreage Policy which applies to all Landscape and Lighting Maintenance Districts (Quadrants). This policy became effective June 19, 2023.

Landscape and Lighting Maintenance Acreage Policy
The objective of this policy is to achieve a high level of service for each City managed Landscape and Lighting District by following the parameters set forth.

1. Contractors will be allowed to bid on and maintain up to 60-acres of Landscape and Lighting Districts for the City of Visalia.

2. Contractors that have reached the Landscape and Lighting District 60-acre maintenance limit will be allowed to maintain acreage over 60-acres only when that overage is added to an existing landscape maintenance contract due to new construction or the reorganization of a new maintenance district.

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3. Landscape Maintenance contractors are limited to a maximum of 60-acres of territory in the City of Visalia. If a Contractor is not yet at the 60-acre threshold and wishes to bid on additional acreage the Contractor may bid on those. If, however, said Contractor is the lowest bidder for various Quadrants and award of those Quadrants would push his acreage over the threshold of 60-acres, the Contractor will be allowed to select which Quadrant he wishes to be awarded, and that would keep the contractor at, or below the 60-acre limit. The remaining Quadrants will be awarded to the 2nd lowest bidder (provided that Bidder is also under the 60-acre threshold and meets all other specifications)

4. Bids received from contractors to maintain additional Landscape and Lighting Districts that currently have Landscape and Lighting District maintenance contracts with the City of Visalia will not be accepted if the acreage places the contractor over the 60-acre limit.

V. CONTRACT ACCEPTANCE AFTER AWARD
Contract Acceptance: After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summarizing the status of the current landscape conditions and irrigation system along with a cost estimate to make the necessary corrections and present them to the Project Manager for review. The Project Manager will schedule a meeting with the Contractor to review the current landscape and irrigation conditions of the project work areas and agree to a resolution and approval of the project areas. The Project Manager will provide a statement summarizing the resolution of the current landscape conditions and irrigation system and must be executed by the Contractor as stated below.

Acceptance of contract will be done in phases:

Phase 1: 10 acres or less the contractor will have (30) thirty days to inspect all areas and provide summary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (4) four months of contract providing all material receipts and labor costs as agreed.

Phase 2: 10 to 20 acres the contractor will have (60) sixty days to inspect all areas and provide summary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (5) five months of contract providing all material receipts and labor costs as agreed.

Phase 3: 30 or more acres the contractor will have (90) ninety days to inspect all areas and provide summary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (6) six months of contract providing all material receipts and labor costs as agreed.

At least sixty (60) days prior to the renewal of the contract a revised statement summarizing the landscape conditions and irrigation system of the project work area must be prepared by the City’s project manager and executed by the Contractor.

The City will conduct regular inspections of the landscaping work by the Contractor and issue observed “Out of Compliance” reports to the Contractor. The Contractor will be required to review and remedy the observed “Out of Compliance” issues of those observed areas of the inspection reports by the City. This does not relinquish the contractor of any responsibility to inspect and ensure that all areas maintained by the contractor are compliant as outlined in the contract.

Sixty (60) Days prior to annual contract renewal or termination of contract, all landscape repairs and replanting requested by the City’s Project Manager must be complete. Any work left in an unacceptable condition will be cause for delay of final payment to Contractor until such time as the City has repairs and replanting completed.

Final payment will be reduced by the cost of these repairs and replanting. 342
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VI. SCOPE OF WORK/SERVICES
A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

LEVELS OF SERVICE
The City of Visalia prefers the highest level of service for all areas of the Quadrant. Most areas in all Quadrants have funding that can support the highest level of service. However, there are rare instances when the available funding in a particular area of a Quadrant will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area. Therefore, the City of Visalia reserves the right to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Quadrant when City deems necessary.

The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service shall be reduced and the effective day of service reduction. City will also automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.

Service
Level
Frequency of Service Number of
Services
Annually
Percentage by
which Contractor’s
price will be
reduced
A Once per week intervals 52 -
B Two-week intervals 26 25%
C Once per month intervals 12 33%

1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.

The specifications and standards must be met by Contractor at all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.

2. Working Day. The contractor's activities must be confined to the hours between 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property.
 No normal and routine maintenance operations that cause excessive noise shall be performed before 7:00 a.m.
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 All or some locations may require blowing of parking lots and other hardscape areas prior to normal business hours of 8 a.m. PST to avoid materials being blown onto private vehicles and customers, i.e., Civic Center, and other customer-based facilities.

Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter

8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.

3. Company Identification.
 All employees must wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the contractor.
 All vehicles (trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the contractor.

4. Professional Conduct. Contractor and contractor’s employees must conduct themselves professionally at all times in public and when dealing with City staff and/or Visalia citizens. This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and contractor’s employees will also afford residents and citizens the utmost courtesy and respect at all times.

5. Property Owner Concerns. Contractor must make every attempt to satisfactorily address concerns and issues presented by residents of the district. As soon as the contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s name and phone number if possible), and what action was taken or will be taken by the contractor to address the concern.

Failure of the Contractor to abide by these terms and meet addressed concerns of the Quadrant’s residents will result in a $100 liquidated damages assessment or contract termination. The amount of damages for these types of issues is difficult to estimate, therefore a $100 liquidated damages assessment (per incident) shall represent costs incurred by the City in responding to complaints concerning the Contractor.

6. Mowing All Turf areas covered by this contract shall be mowed at the intervals established by the Level of Service assigned to the area (Level A, Level B or Level C Service).

7. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.

Contractor shall follow the City’s and State’s water regulations. There will be a liquidated damage assessment of $100 per incident or termination of contract if multiple or gross violations occur in recognition of the importance of water conservation. The amount of damage for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to complaints concerning the Contractor.

8. Signage. All regulatory park, street, and traffic signs, trail head signs, city information signs, botanical garden signs, donation monuments or stones, individual plant placards, etc., must be kept clean and clear of plant materials, dirt and dust, graffiti, and animal and bird excrements.

9. Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor for any chemicals while performing this contract.
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Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue. Contractor shall not use pesticides in Category 1 (no chemicals with LD50 levels lower than 500 mg/km).

These would include, but not be limited to, several organophosphate and carbamate possessing high mammalian toxicity due to their intense anticholinesterase activity.

Pesticides in Category II may be used with the authorization of the Project Manager.

Contractor shall, as part of the required monthly report to the City, prepare a Chemical Use and Proposed Work Report to indicate in writing the amount, type, and location of all chemicals used. If no chemicals are used, then the report must still be submitted indicating to the City that no chemicals were used.

10. Fertilizer. Short release fertilizer: Only commercial fertilizer containing ten percent (10%) or more nitrogen (N), available phosphoric acid (P205) or eight percent (8%) soluble potash (K2O), singly or collectively may be used. Generally, 16-6-8 would be nitrogen coming from an ammonic or nitrogen source. A slow-release fertilizer shall have at least half of the nitrogen coming from a coated slowrelease nitrogen source.

Fertilization will be on an as needed basis. Project Manager will request a quote for cost of additional services from time to time when services are needed.

11. Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as bottles, cans, trash and paper and other yard waste.

All trash and debris are to be removed and disposed of at intervals established by the Level of Service assigned to the area and at the contractor’s expense.

12. Emergency Response. Contractor must be able to respond immediately to emergencies.

Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the following working day.

Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which nonemergency messages can be received during the workday, i.e., phone messages, email, etc.

13. Reporting and Inspections
Status Reports
a. A written report is to be prepared by the Contractor and given to the Project Manager monthly. The report shall include a description of unusual circumstances, locations of any homeless encampments that are found in areas being maintained by the Contractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the Project Manager is to be called immediately. Failure to provide a report may result in a $100 penalty per incident or termination of contract if multiple incidents are noted.

The reports are important especially if they are safety hazards. Amount of damages for these types of issues are difficult to estimate. Therefore, $100 per incident shall represent costs incurred by the City in responding to complaints concerning the Contractor. b. The Contractor must schedule a meeting with the Project Manager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meeting, Contractor or Contractor’s supervisor shall sign the meeting 345
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attendance and inspection reports prepared by the City, provide all chemical use and proposed use reports, irrigation inspection and schedule changes, and usage and/or proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable problems, schedule changes and goals and deadlines for the coming month. The Project Manager shall discuss areas out of compliance and options to bring areas back into compliance with contractor. Project Manager shall discuss any penalties with the Contractor and/or intensions to withhold payment of invoices. Project Manager shall document these meetings. Failure to attend these meetings may be cause for a $100 penalty per incident or termination of contract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty.
c. The Project Manager shall report any maintenance deficiencies to Contractor.

Contractor must correct any deficiencies at Contractor’s cost within five (5) working days of written notification. Unusual horticultural problems such as pests, disease, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the attention of Project Manager.
d. A Chemical Use and Proposed Work Report must be completed for each chemical application and proposed application. These reports shall be submitted each month during contractor’s monthly meeting with City’s Project Manager. Failure to submit reports may delay the City’s payment to Contractor and be cause for a liquidated damage assessment of $100 per incident. The amount of damage and costs to the City for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to incidents where the City was unsure of what chemicals were applied by the Contractor. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Project Manager as part of the Contractor’s monthly report.
e. Monthly Irrigation Inspection reports (described below), irrigation schedule changes, and contractor signed landscape inspections from the City must be submitted with monthly invoice before payment will be made. Failure to submit all reports may delay the City’s payment to Contractor.

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor during initial inspection and noted for regular monthly inspections. Failure of an existing system to provide full and adequate coverage after Contractor signs Notice of Acceptance shall not relieve the contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection.

Original brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.

Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, with the exception of the testing of the back flow and repair/replacement of the irrigation controller. Original, or equivalent, brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas. a. Maintenance. At all times, Contractor must maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and shrubs, and prevent excessive run-off into streets or other areas not intended to be 346
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irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.

The contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
 Sprinkler heads
 Sprinkler risers
 Quick coupler valve boxes
 Hose bib boxes
 Remote control valves
 Remote control valve boxes and covers
 Maintain and replace batteries in battery operated controllers on a continual basis
 All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
 Proper solenoid replacement should be completed with dry and tight connections  Minor graffiti removal from irrigation controllers
 Controllers to be kept free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller

If contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Visalia reserves the right to bill contractor for excess amount of water in addition to assessing a liquidated damage assessment of $100 per incident. Because It is difficult to estimate the potential losses in water and the costs for City response time to complaints from residents, $100 has been established as a reasonable assessment.

The Contractor shall prepare a written Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contractor). The report shall describe any irrigation schedule changes, malfunctions, and necessary repairs. The Irrigation Inspection Report must be submitted with monthly invoice before payment will be made. b. Inspection. The contractor must inspect all irrigation systems for any malfunction on an interval established by Level of Service assigned for the area. This must be accomplished by utilizing a remote-control receiver to place the controller in test mode and visually inspecting sprinkler operation. This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas or dry spots.

Contractor must notify Project Manager within twenty-four (24) hours of any malfunctions.

Failure to provide notice to the Project Manager may be cause for liquidated damage assessments of $100 per incident or termination of contract. Because It is difficult to estimate the potential losses in water and the costs for City response time to investigate complaints from residents, $100 has been established as a reasonable assessment.

Contractor is to track all irrigation locations where plants are missing and maintain irrigation heads until plants are replaced.

Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities.

Problems reported to Project Manager or designated representative will be repaired within twenty-four (24) hours. Failure to complete repair or notify Project Manager of any delay to repairs may be cause for liquidated damage assessment of $100 per incident or termination of contract if multiple breaches occur.
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Water leaks or stations must be turned off within two hours (2 hrs.) on the day reported to save water. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement.

Twenty-four (24) hour fixit notices will be sent to contractor via email. Failure to comply may result in liquidated damage assessments to the Contractor of $100 per incident, unless the Project Manager is contacted, and an agreed time frame modification is made between the contractor and the Project Manager in writing.

Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the contractor's responsibility must be made by the contractor prior to the end of the contract period.

If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Project Manager.
c. Repairs. Irrigation systems which are damaged by vandalism or in any way as a result of work performed under this contract must be repaired or replaced in kind and in an approved manner by the contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the contractor with the use of digital photos or video tape and supplied to the Project Manager as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.

The contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Project Manager for reimbursement of the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST.

 Normal Repairs = Contractor is responsible for all normal repairs (i.e. Main line (including from water service meter to the back flow), valves, control wires, sprinklers, nozzles, lateral lines, etc.) The City is not responsible for any repairs needed past the irrigation controller. The backflow devices annual maintenance/testing will be the responsibility of the City of Visalia. All normal repairs are the sole responsibility of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident.
 Major Repairs = City is responsible for funding major repairs, which include repairs to Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contractor to repair and make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager prior to any work being done. Contractor is responsible to report in writing any issues with these devices to the Project Manager for authorization to repair or replace.

Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water. 348
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d. Turf Watering. All turf areas must be watered based on 85-95% of daily evapotranspiration rate and need to maintain a uniform, green, healthy growth pattern and promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede the previous statement). Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water run-off into street. Care shall be taken to not over water or waterlog any soil. Contractor shall turn off irrigation system during the wet season and adjust the controller seasonally. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Project Manager.

Water applications on turf and ground cover areas shall generally be applied between 12:00 a.m. and 6:00 a.m. where possible, to lower the risk of fungus in turf. Drip stations may be operated during daytime hours.

e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, and unless otherwise specified shall be scheduled Tuesday through Sunday. No watering shall be allowed on Monday without prior approval of Project Manager. Irrigation program shall be set up so that no water is applied to turf 48 hours prior to mowing. Overhead systems shall not be operated between 8:00 a.m. and 6 p.m.

Contractor will be responsible for any fines associated with not following the City’s Water Conservation Rules and Regulations.

A proposed quarterly schedule of watering shall be provided to the Project Manager one (1) month after award of contract. Each time the schedule is changed a new updated schedule must be provided to the Project Manager. f. Ground Cover. Sufficient amounts of water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not over water or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color.

Irrigation practice is to promote deep root growth with a minimum of run-off. h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken to not over water.

Irrigation rates shall be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.
i. Newly Planted Trees, Shrubs, and Groundcover. All newly planted areas are to receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Watering basins around newly planted shrubs and trees to be used during establishment period. It is the contractor’s responsibility to contact the City’s Water Conservation Division to get a twenty-one (21) day establishment permit for any additional irrigation that will be needed for newly planted plant materials. j. Remote Control Receiver. Upon contract commencement, the contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all major irrigation systems. It is the responsibility of the contractor to obtain and purchase these devices unless it is a Toro Sentinel controller. The City of Visalia will supply the contractor with the Toro Sentinel remote control to use for the duration of the contract. The Toro Sentinel controller(s) shall be returned to the City at the conclusion of the contract.
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Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.

2. Weed Control.
a. Weed control clarification. For the purpose of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place.  Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept weed free at all times.
 Complete removal of all weed growth is to be accomplished by the Level of Service assigned to the area. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the contractor.
 Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
 Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling.
b. Use of Chemical Herbicides. The contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the contractor's employees during chemical weed control operations. The Project Manager may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager.

Failure to provide documentation of active license may result in a liquidated damage assessment or termination of contract.

Contractor shall take necessary precautions to prevent herbicide drift onto non-target plants.

3. Diseases and Pest Control. The contractor must regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. The contractor shall notify the Project Manager within three (3) days of finding such a condition, outlining identification and control measures to be taken. Upon approval of the Project Manager, the contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees. a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B and C, along with a valid Maintenance Gardener Pest Control Business License are required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms. b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down at the intervals established by the Level of Service assigned to the area, to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.
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c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures at the intervals established by the Level of Service assigned to the area. Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.

4. Plants. All shrubs and ground cover plants growing in the work area must be pruned once every other month to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed from planter areas and off the plants on a monthly basis to allow for proper growth of the plants. a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walks, passageways, and streets. Clear view of traffic signs and intersections is to be maintained at all times.

All shrubs and plant growth in planter areas along walls are to be maintained to a height no greater than four feet (4’) and kept from blocking any subdivision, safety signage, and overhead or landscape lighting.

All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances.

Mature tree canopies must be maintained above eighty-four (84) inches above soil grade for site line visibility. Newly planted, young or non-mature trees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.

Pruning is to be done in a manner that promotes the plant's natural growth characteristics.

Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dying, or damaged plants (including trees) and any branches must be removed immediately. This debris, including plant growth removed by contractor, shall be removed away from job sites and appropriately disposed of at the intervals established by the Level of Service assigned to the area. Hauling and disposing of said debris must be included in bid price. Dead stems of daylily, agapanthus, and similar plants shall be removed on a monthly frequency. Dead leaves around base of plants shall also be removed on a monthly basis.
c. Trees. The contractor is responsible for removal of suckers, limb growth that inhibits site line visibility of any traffic, and all pruning that can be reached with a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract.

All trees are to be maintained in their natural shape, and pruning is to be done in a manner that promotes the trees natural growth characteristics using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards; all cuts shall be made cleanly with no stubs or projections remaining.

No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or plants and resulting in the need for the 351
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Project Manager to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.

Canopy clearance above sidewalks, bikeways, and other pathways of 10'0" is to be maintained for pedestrian safety.

All regulatory street and traffic signs must be clear of tree and plant growth at all times for sight clearances.

Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.

Leaves in planter areas shall be removed on a monthly basis. In addition, during seasonal drop leaves will need to be removed off of walkways as needed for safety. Fallen leaf material shall be removed off the plants regularly to allow for proper plant growth.

Newly planted trees that do not have trunk caliber sufficient to support tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.

Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.

Trees damaged by maintenance equipment shall be replaced by contractor with like size and species. Contractor is responsible for all costs related to replacement.

Maintenance shall include the removal of dead trees, limbs, and dead leaf material at the intervals established by the Level of Service for that area. Dead trees will need to be replaced per the contract for plant replacement in Item 6 (below) of this scope of work and per the discretion and determination of the Project Manager.

Young or new trees along trails, paths, riparian landscapes, Landscape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the contractor for the first three (3) years of the trees life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Project Manager will instruct contractor when tree stakes are to be removed. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of Visalia, Corporation Yard for storage.

The contractor shall notify the Project Manager within twenty-four (24) hours of any tree that shows sign of root heaving, leaning, having hanger limbs, or in some manner constitutes a safety hazard. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the losses to the City for responding to resident complaints of the Contractor noncompliance or termination of contract if multiple breaches or gross violations occur that place residents in danger.
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d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walks, passageways, streets, curbing, and trails to allow for safe passage of users. Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs. Shrubs in planters must be kept below thirty (30) inches at intersections and turn lanes for sightline of oncoming traffic.

5. Fertilization. Fertilization will be performed on an as needed basis as requested by the Project Manager. Project Manager will request separate pricing for fertilization when it is required. A slowrelease fertilizer will be applied when fertilizer is requested by Project Manager.

When fertilizer is applied as needed, to maintain healthy and vigorous plants: The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Analysis of fertilizer shall be approved by the Project Manager prior to application.

All turf fertilizer shall be watered in thoroughly within two (2) hours of application.

Fertilizer shall be applied uniformly using an appropriate spreader. Prior to beginning a fertilization program, Project Manager shall submit to the Contractor, a schedule showing sites to be fertilized.

The Contractor shall submit to the Project Manager a schedule showing the dates and approximate times of fertilizer applications. Timing or number of sites fertilized per day or week shall not be set up to preclude normal on-site maintenance work.

Once the Project Manager has requested that fertilization is necessary the Contractor shall notify Project Manager at least ten (10) days before any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be submitted to the Project Manager with monthly invoice.

Note: Subject to approval of the Project Manager, fertilization may be altered by use of slowrelease fertilizers such as Woodace containing IBDU formula.

6. Replacement of Plant Material
a. The contractor must notify the Project Manager within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause. b. The contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the contractor or lost through the contractor’s faulty maintenance or negligence.

Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractor shall be the responsibility of the Contractor.

Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to Contractor faulty maintenance or negligence shall be determined by the Project Manager.

The size and species of replacement plant material shall also be determined by the Project Manager but shall be reasonably equal to the plant material that is being replaced.

In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines. 353
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c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the Contractor (as determined by the Project Manager), shall be replaced in kind and size at the Project Manager’s direction. The Contractor will perform the work and the City will pay for the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST.

From time to time it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the Project Manager's decision. The Contractor will perform the work and the City will pay for the Contractor’s labor at contract rates and cost of replacement materials. All landscape repairs and replanting requested by the City’s Project Manager must be completed according to a date agreed upon in writing between the City Project Manager and Contractor.

The Contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices in order to be reimbursed for plant replacement.

7. Turf Maintenance

a. Mowing. The turf must be mowed and edged at the intervals established by the Level of Service assigned to the area during its growing season in order to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by Project Manager with notice from Contractor.  Contractor shall never mow turf when it is in a wet, saturated condition that would cause rutting, tearing or sliding on the turf surface or when it could be unsafe for Contractor’s employees to operate equipment.
 All lawn areas in this contract must be mowed with power-propelled reel or rotarytype mowers.  All mowers must be cleaned prior to each mowing to avoid possible weed invasion.  Mowers must be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions.
 Turf must be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes.
 Blades must be kept sharp at all times to prevent turf damage.  Mowing patterns must be changed for each mowing service or as often as necessary to avoid rutting.
 Turf must be kept at a uniform height that is recommended for that particular type of turf grass.
 Grass clippings must be removed promptly and disposed of at the Contractor’s expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours.
 Recycling cutting decks that provide an acceptable cut may be used if written approval of Project Manager is obtained prior.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities.

Contractor shall take great care around trees. Any trees which have more than fifty percent (50%) of the bark removed in a given three-inch (3”) area of trunk by weed whips or mowers shall be considered destroyed and shall be replaced at the Contractor’s expense with like species and size.
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b. Mowing Height All turf, except Bermuda, must be maintained at a height range between three and one-half inches (3 ½ “) maximum and two and three fourths inches (2 ¾”) minimum.

Fescue height shall not exceed three and one half inches (3 ½”).

Common Bermuda must not exceed two inches (2”) in height.

Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed within areas assigned at a level A Service.

All turf areas shall be mowed at the intervals established by the Level of Service assigned to the area on a preset day and route. Any changes to this schedule shall be approved in advance by the Project Manager.

During periods of heavy growth, more than one mowing per week may be required to maintain acceptable appearance within areas assigned at a Level A Service.

All turf areas shall be maintained at a level that will ensure a healthy, green color and uniform growth.
c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on an as needed basis by chemical or manual method when requested by Project Manager. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and Mid-November of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor shall provide Project Manager a quote for work prior to work being started and shall not perform work without Project Manager’s approval of quote. Contractor will be required to notify the Project Manager of the application dates and provide a schedule of areas treated as completed.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.

String trimmers, a.k.a. weed eaters, shall not be used around trees. e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately. f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus. g. Renovation. Renovation will be done on an as-needed basis when requested by Project Manager. Project Manager will furnish square footage and locations for renovation This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. 355
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Turf renovation to remove accumulated thatch from all sites under this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).

A schedule of equipment to be used by the Contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.

Refuse generated by renovating shall be removed not later than the day following the operation.
h. Aerification. Aerification will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract.

Contractor shall provide Project Manager a quote for work prior to work being started.

Contractor shall not perform work without Project Manager’s approval of quote.

Project Manager will furnish square footage and locations for aerification.

8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines. a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth. b. Groundcover beds shall be periodically edged to keep them in their intended space.

Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.
c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.
d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety. e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.

9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, parking lots, and other hardscape areas (i.e. Center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.

All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. All trash and debris are to be removed and disposed of at the intervals established by the Level of Service and at the contractor’s expense.

10. Vegetation. All vegetation areas must be kept free of weeds, trash, leaves, grass clippings, etc. at all times. The contractor is responsible for removal of suckers, limb growth, and all pruning of trees that can be reached with a twelve-foot (12’) pole saw to a minimum height of eight (8) feet, by a person standing on the ground as part of this contract. Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees. Mowing shall be performed as weed control bi-weekly. 356
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Note: If and when using a blower or other power equipment, Contractor shall comply with the City’s Municipal Code 8.36.050 Exterior noise standards--Mobile noise sources prohibition against use. It is unlawful to operate any of the below-listed devices, appliances, equipment, or vehicles on public or private property abutting noise sensitive land uses between the weekday hours of seven p.m. and six a.m., and between the weekend hours of seven p.m. and nine a.m. a. Power-assisted leaf blowers, lawn mowers, edgers, or other power equipment used for the maintenance of property;
b. Vehicle equipment, which equipment is not expressly regulated by state or federal statute, such as car radios or sound amplification equipment which is audible more than twenty-five (25) feet from the exterior of vehicle;
c. Construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment, except for emergency repair purposes as provided in Section 8.36.070.

Refer to Exhibits D-1 and D-2 for square footages and locations.

C. IMPORTANT NOTICE
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the bid documents shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Invitation to Bid, the City will attempt to notify all prospective vendors who have secured same.

However, it will be the responsibility of each vendor, prior to submitting the competitive bid, to contact the Purchasing Division, 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make such addenda a part of the competitive bid.

D. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements This contract is considered a public works maintenance contract and therefore, subject to DIR monitoring.

All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations. Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after will be rejected as non-responsive.

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

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b) (1) as a pre-hire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) 357
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of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.  As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
 As set forth in CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.  As set forth in CLC section 1771.4(a) (2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html.  The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.  In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.  In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811, and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776. o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.  The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).  As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
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o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract. o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b) (3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. o As set forth in CLC section 1775(b) (4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
 In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
 Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.  Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.  The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).
 As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. 359
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o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including, but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.  The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:
 As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.
10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp E. CITY OF VISALIA LABOR COMPLIANCE MANUAL
Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into this RFB and subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

VII. GENERAL CONDITIONS
A. CONTRACTING AGENCY
The contract resulting from this Invitation to Bid will be administered by the City of Visalia Parks Maintenance Department. However, the City Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.

B. TERM OF CONTRACT
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall begin on the first of the month immediately following the written Notice to Proceed or as scheduled between City Project Manager and Contractor.

The City will be presumed to request renewal unless the City delivers a thirty (30) day written notice of non-renewal to the Contractor prior to the renewal date. 360
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If Contractor decides not to consent to renewal by the City, then they must provide the City Project Manager with a written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, Contractor shall transfer to City any funds and/or accounts receivable on hand attributable to the use of CITY funds.

C. PRICING
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time period will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S.

City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

D. APPROXIMATE ESTIMATE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comparison of bids, and the City of Visalia does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portions of the work, as the City may deem necessary or advisable, at the prices bid.

E. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK
Bidders shall satisfy themselves by personal examination of the work site(s), specifications, other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. The submission of a bid shall be conclusive evidence that the bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal and the City.

If the bidder receives an award as a result of this bid submission, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation.

Any errors, omissions, or discrepancies found in the contract documents shall be called to the attention of the City and clarified prior to the submission of bids.

Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the bid. 361
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F. DISCREPANCIES AND MISUNDERSTANDINGS
No bidder shall, at any time after the submission of a proposal, make a claim or assertion that there was any misunderstanding or lack of information regarding the nature or the amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the project manual or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals or proceeding with the described work. The contractor shall be liable for any resultant damage where he recognized such error, inconsistency, or omission and knowingly failed to report it to the City.

The contractor will bear no liability for any errors that he discovers and reports to the City.

The bid documents (including all attachments and addenda), Bidder’s response to RFB, contract, and purchase order shall constitute the full contract for this project. Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to the submission of a proposal. Verbal information obtained otherwise will not be considered in awarding of bids.

G. BID FORMS
The City has furnished to each bidder a standard bid form, which, when filled out and executed, may be submitted as his bid. Bids not presented on forms so furnished will be disregarded.

All bids shall give the prices proposed in the spaces provided and shall be signed by the bidder who shall fill out all blanks in the bid form as therein required. No telegraphic bids will be considered.

All bids shall be submitted in a sealed cover and plainly marked as a bid and identifying the project to which the bid relates and the date of the bid opening therefore. Bids that are not properly marked may be disregarded. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

When bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City of Visalia prior to opening bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.

H. WITHDRAWAL OF BIDS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, only by written request for the withdrawal of the bid filed with the Purchasing Manager. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the opening of bids.

I. DISQUALIFICATION OF BIDDERS
Only one bid may be submitted as a “prime contractor” for the same work by any firm, individual, partnership, corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submit sub-bids to other competing prime contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. A contractor who is not submitting a bid as a prime contractor may submit any number of sub-bids to competing prime contractors.

J. OPENING OF BIDS
Bids will be publicly opened at the time, date and place indicated in the Notice Inviting Sealed Bids.

Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount will be read aloud. A bid summary will be prepared at that time. No other information will be provided until after bids have been fully examined and accepted. No bids will be received, nor considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender. 362
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K. INCURRING COSTS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.

VIII. PROTESTS/APPEALS
Because it is essential that bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer bidders the opportunity to appeal award of contracts.

The following procedures shall apply in regard to appeals:

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

2. Should identify only the areas regarding big contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to bidder in writing within five (5) working days of receipt of the appeal unless the bidder is notified more time is required.

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

IX. AWARD AND EXECUTION OF CONTRACT
A. EVALUATION AND AWARD OF CONTRACT
The City of Visalia reserves the right to reject any or all bids; to waive any irregularities or informalities in any bid or the bidding process.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by or investigation of such proposer fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses or other money due to the City of Visalia.

The award, if made, will be made within ninety (90) days from bid closing date. Bidder agrees and so stipulates in submitting this bid, as though stated therein, and in any subsequent award of contract that:

1. Contractor is an independent contractor, not an employee, administrator, or officer of the City.

2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should contractor be awarded contract, contractor shall not assign contract, or any part thereof, or any monies due or to become due thereunder, without prior consent of the City.

4. Contractor shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any 363
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negligent act or omission of the contractor, its consultants, subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Contractor shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the City in procuring on open market, any items which the contractor agreed to supply, shall be borne and paid for by the contractor. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. Contract shall be in the form of a City of Visalia Purchase Order and attachments of the bid documents, all addenda that were issued, the Contractor’s bid in response to the RFB document, along with Contractor’s Performance Bond and Certificate of Insurance.

6. Contractor is to sign a notice of acceptance (NOA) within 30 days of notice to award contract.

Contractor will have those 30 days to review the contracted areas prior to signing the (NOA) notice of acceptance. Failure to sign (NOA) will result in forfeiture of contract.

B. BASIS OF BID AWARD
Award of bid(s) shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the specifications and qualifications listed in bid document.

C. REFERENCES
Where indicated on Bid Forms, Bidder shall include a list of three (3) accounts, complete with locations, that have been maintained for at least three (3) years, and that are similar in size and characteristics to those listed in these contract documents.

D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement at the same prices, terms, conditions and specifications. Each agreement between a public agency and the successful contractor shall be found to be a separate and distinct legal and binding obligation of the successful contractor. The City of Visalia shall incur no responsibility in connection with purchase or agreement between another agency and the contractor.

It shall be the successful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.

E. CONTRACT BONDS
Required Contract Bonds: The Awarded Bidder will be required to provide to the City of Visalia with a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”.

The Performance bond shall remain in force for the duration of the contract. It shall be updated annually and as needed during the contract year due to additions/deletions to the contract. According to City standard the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

F. FAILURE TO EXECUTE CONTRACT
Failure of the lowest responsible bidder, the second lowest responsible or third lowest responsible bidder to file acceptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal holidays, after such bidder has received notice that the contract has been awarded to him may be just cause for the annulment of award. 364
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X. CONTROL OF WORK
A. CITY-CONTRACTOR RELATIONS
Project Manager’s Responsibility and Authority. All work shall be done under the general supervision of the project manager or his designee(s). The contractor shall bear all responsibility for, and have all control over, in accordance with the bid specifications, the means, methods, techniques, sequences and procedures of the work and safety precautions or programs, and the project manager shall not have control over, nor bear responsibility for same. Nor will the project manager have control over nor bear responsibility for the acts or omissions of the contractor, sub-contractors, their agents, or employees, or for failure of any of these to carry out the work in accordance with the contract documents. The project manager has the right to reject work that does not conform to the contract documents. The project manager shall decide any and all questions which may arise as to the quality and acceptability of work performed, rate of progress of work, and all questions as to the acceptable fulfillment of the Contract on the part of the contractor.

Project Manager’s Decisions. All claims of the contractor shall be presented to the project manager for decision that shall be made in writing within a reasonable time. All decisions of the project manager shall be final except in case which time and/or financial considerations are involved, which may be subject to rulings from the City Attorney.

Suspension of Work. The project manager shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary, due to unsuitable weather or other such conditions as are considered unfavorable for the prosecution of work, or failure on the part of the contractor to carry out the provisions of the contract. The contractor shall not suspend operation without the project manager’s permission.

Subcontracts. As specified by the contract documents the contractor shall submit in writing to the City the names of the subcontractors proposed for the work. The contractor is responsible to the City for the acts and omissions of his subcontractors, and of their direct and indirect employees, to the same extent, as he is responsible for the acts and omissions of his employees. The contract documents shall not be construed as creating any contractual relationship between any subcontractor and the City. The contractor shall bind every subcontractor by the terms of the contract documents.

Oral Agreements. No oral order, objections, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver, or modification thereof, in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

B. CARE OF EXISTING STRUCTURES
The contractor shall be liable for all damage done to any structure arising through his operations. He shall take care of and maintain all retaining walls, sewers, water service, drains, and culverts encountered in the performance of the work. The contractor shall repair all damage done to any of the said structures through his acts or neglect and shall keep them in repair during the life of the contract. He shall in all cases leave them in as good condition as they were prior to the commencement of the work.

Care shall be taken not to move, without the consent of the City Engineer, any sewers, drains, culverts water service, pipes, poles or other structures.

C. EXISTING UTILITIES
Contractor’s attention is directed to the possible existence of utility services and other underground improvements. All reasonable precautions shall be taken to preserves and protect any such 365
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improvements. The contractor shall notify the project manager and Underground Service Alert companies of proposed locations and times for any and all excavations.

1. Prevention. Contractor shall be responsible for locating and preventing damage to known utilities.

The contractor shall notify the owners of all utilities and substructures not less than forty-eight (48) hours prior to working in the vicinity of any such facility. In addition, the contractor shall request that the owners’ pothole or otherwise expose all non-City owned high-risk underground facilities. If damage occurs to a known utility, the contractor shall repair utility at no additional expense to the City of Visalia.

2. Damage. If damage occurs to an unknown utility, the contractor shall repair the utility. An equitable adjustment will be made in accordance with work performed. Contractor is to furnish written quotation prior to commencement of work.

3. Connections. The contractor shall not make connection to, or draw water from, any hydrant or pipeline without first obtaining permission of the public or private authorities having jurisdiction over the use of said fire hydrant or pipeline, and from the private or public agency owning the affected water system. For each such connection made, the contractor shall first attach to the fire hydrant, or pipeline, a valve and a meter, if required by said authority, of a size and type acceptable to said authorities and agency. The contractor will be granted privilege to draw water from an authorized point of connection as needed for proper execution of said contract.

D. LABOR
The contractor must provide sufficient supervisory and working personnel to accomplish all work included in this contract satisfactorily and on schedule. All personnel are to be physically able to perform their work. Only workmen thoroughly familiar with their line of work will be employed on the job. Any overseer, superintendent, laborer, or other person employed on the work by the contractor, who shall perform his work in a manner contrary to these specifications, or refuses to carry out the orders of the owner, shall be discharged immediately, and such persons shall not again be employed on the work.

Qualifications of Employees

1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner.

2. The contractor and all employees shall conduct themselves in a proper and efficient manner so as to cause the least annoyance to the public. The project manager may require the contractor to remove any careless, incompetent, or objectionable employees whose continued presence is judged to be not in the City’s best interest.

3. Do not allow employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.

4. Operators of vehicles and equipment shall be able to understand signs, signals, and operating instructions, and be capable of operating such equipment. Contractor shall provide operating instructions for all equipment. Newly hired employees shall be individually tested by an experienced operator or supervisor to determine if they are capable of safely and efficiently operating equipment.

All operators of vehicles and equipment shall be properly licensed and shall operate vehicles used in the performance of the contract in a safe and prudent manner.

E. USE OF CITY PERSONNEL AND EQUIPMENT
City of Visalia shall not furnish personnel to assist the contractor in performance of the contract. The contractor understands that any offers of assistance by City Personnel are unauthorized and the contractor shall not accept such offers.

City of Visalia shall not furnish any equipment to assist the contractor in performance of the contract except for Toro Sentinel irrigation controller remotes and keys needed for landscape maintenance. The 366
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remote and keys need to be returned before the final day of the contract or the last months payment will be withheld and or amount for replacements deducted.

Contractor understands that any offers by City of Visalia Personnel to use City equipment for loading, processing, and disposal of the property are unauthorized and the contractor shall not accept such offers.

Contractor shall be billed for City personnel labor, equipment, and materials whenever City forces are called upon to repair damage caused by the contractor in the performance of work associated with this contract.

F. MATERIALS
Contractor shall furnish and use, at his own expense, all materials, labor, tools, equipment and transportation necessary to provide contractual Landscape Maintenance for the areas identified in this RFB.

All vehicles utilized to carry out contracted work for the City shall be in compliance with the State of California emission inspection program.

XI. MEASUREMENT AND PAYMENT
A. BILLING AND PAYMENTS
Contractor is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. The contractor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur. The City will routinely audit bills generated.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.

B. MEASUREMENT AND PAYMENT
The contractor will be paid monthly in arrears for work satisfactorily performed under this contract. After completed work has been inspected and approved, payment will be made in no more than thirty (30) working days.

Contractor’s monthly invoice must include:
o A signed Landscape Inspection sheet,
o signed monthly meeting sheet,
o signed irrigation schedule,
o a signed chemical usage report sheet, and
o a proposed chemical application sheet
C. CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:

 Payments that may be past due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract and as a result of contractor’s failure to properly make payments to its subcontractors or suppliers. 367
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 Claims filed or reasonable evidence indicating the probable filing of claims. The City shall disburse and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom.

The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor.
 Work required in the specifications which is not performed or is incomplete or for defective work not remedied.
 When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage. The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit D-1 (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.

Areas with Planters and Turf:

Area Cost Estimate Trash/Debris Turf Planters Trees Irrigation Weed Control 10% 15% 20% 15% 15% 25%
Areas with only Planters:

Area Cost Estimate Trash/Debris Ground
Cover
and
Shrubs
Trees Irrigation Weed Control
10% 25% 25% 15% 25%
 If an inspection by City indicates an area is out of compliance, the City shall:
o Notify the Contractor in writing of the area that the inspection showed was incomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory, o List the amount that the City will withhold if the area is not brought into compliance, and o List a date that re-inspection by the City shall occur.  If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.
 If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment.  The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.
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D. EXTRA WORK
The contractor shall do no extra work except upon written order from the City. For such extra work the contractor shall receive payment as agreed upon in writing. The contractor shall furnish the project manager with report sheets in duplicate for each day’s extra work no later than the working day following the performance of said work. After comparison with the project manager’s records, any necessary adjustments shall be made. The reports shall be signed by both parties before they become a basis of payment for the work performed. Payment for extra work shall be made at the unit price or lump sum previously agreed upon by the contractor and the project manager.

XII. LEGAL RESPONSIBILITIES & SPECIAL PROVISIONS
A. ASSIGNMENT
No assignment by the vendor of the contract or any part hereof, or of funds to be received thereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet, or transferred.

B. TERMINATION OF CONTRACT

1. This contract may be terminated without cause by the City, in whole or in part, by giving the contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

2. If the contractor shall fail to provide services or perform unsatisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice. Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Visalia Purchasing Policy and Procedures.

3. Any assignment, subletting, or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall cause be for the City to immediately terminate the agreement for default.

4. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

5. In the event of termination, Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In the case of default by contractor, and at the option of the City, the City may procure landscape maintenance service from another source, or sources, and may recover the loss occasioned thereby from any unpaid balance due the contractor. The prices paid by the City shall be considered the prevailing market price at the time service is delivered.

D. PERMITS AND LICENSES
Possession of a City of Visalia Business Tax Certificate is not required to submit a bid in response to this invitation. However, contractor, and all subcontractors, shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326. No payment on the contract will be made until such license 369
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is obtained. Contractor must possess all required State, Federal, and local licenses as it pertains to the scope of work of this RFB. Awarded Bidder must hold:
o A C-27 Landscape Contractor’s License,
o A Pesticide Applicator’s License (QAL category “B”), and o A valid Maintenance Gardener Pest Control Business License. o A valid Department of Industrial Relations (DIR) Registration Number (as mentioned previously) o A valid City of Visalia Business Tax Certificate (as mentioned above) o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way
E. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against because of their race, color, national origin, ancestry, religion, physical or mental disability, marital status, political affiliation, or gender. Such affirmative action shall include, but not be limited to, the employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. It is understood and agreed that the contractor shall comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Tulare and City of Visalia laws and ordinances, in performance of fulfilling this agreement.

F. ETHICS IN PUBLIC CONTRACTING
Each offeror, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the offeror certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other offeror in connection with the offer; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The offeror further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

G. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Prior to the award of any contract, the potential contractor may be required to certify in writing to the Purchasing Manager that no relationship exists between the contractor and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

H. PREVAILING WAGES & LABOR LAWS
Consultant must comply with State and Federal Regulations that apply to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations.

Labor Laws. The contractor, and all subcontractors, suppliers, and contractors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Contractor shall also adhere to the requirements of State Labor Code Sections 1810 and 1815 pertaining to working hours and overtime rates of pay. The contractor or any subcontractor performing work or subcontracting to do any of the work contemplated by this contract shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854).
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I. INSURANCE AND INDEMNIFICATION
Contractor agrees to indemnify, defend, and hold harmless the City of Visalia, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with contractors (or contractors subcontractors, if any) performance or failure to perform, under the terms of this contract; except to the extent those which arise out of the negligence of the City of Visalia.

Without limiting the City of Visalia’s right to indemnification, it is agreed that contractor shall secure prior to commencing any activities under this contract, and maintain during the term of the contract, insurance coverage as follows:

1. Workers’ Compensation insurance as required by California statutes.

2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

3. Comprehensive Automobile Liability coverage with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this contract shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Purchasing Department, City of Visalia, 707 W. Acequia, Visalia, CA 93291.”
In addition, the commercial general liability and comprehensive automobile liability policies required by this contract shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under this contract with the City of Visalia.” J. PUBLIC CONVENIENCE AND SAFETY
The contractor shall at all times so conduct his work as to insure the protection of persons and property in a manner satisfactory to the City. The contractor agrees that he shall maintain the work site and adjacent areas thereto, including all rights-of-way, in a reasonable, secure, and safe manner during the course of work.

Traffic and Access. The contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic, vehicular and pedestrian, and inconvenience to the general public and the residents in the vicinity. The contractor shall notify the occupants of all affected properties at least forty-eight (48) hours prior to any temporary obstruction of access. No overnight closure of any driveway will be allowed except as permitted by the owner. When working in City Right of Way, the Contractor shall comply with 371
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the California Department of Transportation, Manual of Uniform Traffic Control Devices that specifies safety procedures that protect the Contractor’s employees and the driving public.

Street Closures and Detours. Street closures will not be allowed except as specifically permitted by the City and the proper governmental authority. The contractor shall prepare any traffic control or detour plans that may be required as directed by the City of Visalia.

K. SAFETY ORDERS
The contractor shall comply with the provisions of any ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times.

Contractor shall agree that all material delivered and services rendered under this bid complies, as applicable, with the Occupational Safety and Health Act of 1970 (or latest revisions), including all applicable amendments thereof, the State of California Industrial Safety Act, and regulations issued thereunder and the Williams-Steiger Federal Occupational Safety and Health Act, and certifies that all items furnished under this bid will conform and comply with the indemnification and hold harmless clause for all damages assessed against Buyer as a result of contractor’s failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this Order to so comply. This guarantee is in addition to, and not intended as a limitation on, any other warranty, expressed or implied.

In case of conflicts between Federal, State, and local safety and health requirements, the most stringent shall apply. Failure to comply with the requirements of this section and related sections may result in suspension of work.

L. HAZARDOUS WASTE
Contractor shall notify the project manager immediately if any hazardous materials are found on site.

M. DUST ABATEMENT
The contractor shall furnish all labor, equipment, and means required and shall carry out effective measures wherever and as often as necessary to prevent his operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals or causing a nuisance to persons living or occupying buildings in the vicinity. The contractor shall be responsible for any damage resulting from any dust originating from his operations. The dust abatement measures shall be continued until the contractor is relieved of further responsibility by the project manager. No separate payment will be allowed for dust abatement measures and all costs thereof shall be included in the various prices named in the bid sheet for completion of the work.

N. NOISE LEVELS
Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter 8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.

O. PERSONNEL PROTECTIVE EQUIPMENT
Meet requirements of NIOSH (National Institute for Occupational Safety and Health), and SHA (Mining Safety and Health Act of 1977), where applicable, as well as ANSI (American National Standards Institute.)
P. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.
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Q. COMPLIANCE WITH LAWS
Contractor shall, in the performance of work under this contract, fully comply with all applicable Federal, State or Local laws, rules regulations or ordinances and shall hold the City harmless from any liability resulting from failure of such compliance.

R. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

S. FIREARMS
Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

T. EXECUTIVE ORDER N-6-22 – Russia Sanctions Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.

Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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Name of Bidding Agency:____________________
EXHIBIT ‘A’ BID FORM

CITY OF VISALIA, CA
RFB 23-24-33, LANDSCAPE MAINTENANCE OF CITY FACILITIES
In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-33 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, transportation, fuel, appurtenances, and incidentals required to perform Landscape Maintenance Service as set forth in accordance with the specifications, terms and conditions of this Request for Bid, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work sites, Instructions to BIDDERs, Scope of Work and all contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that prices bid include all labor, materials, equipment, transportation, fuel, tools, appurtenant expenses, taxes, permits, licenses, royalties, fees and all costs associated with performing the work described in the bidding documents including all exhibits and attachments.

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

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

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

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

The City will determine the lowest bidder by the Lowest Total Bid Amount for Level A Service.

Award will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria required. Resulting contract may be awarded at:
 Level A service for all areas, or
 Level A service for some areas with specific areas at Level B or C Service if deemed appropriate by the City.

BIDDER understands that once contract is awarded, the City reserves the right to further increase or decrease the Level of Service in any area(s) of the Quadrant, which will result in a corresponding increase or decrease to the contract amount as specified in the RFB. The City will provide the Contractor with 30 days advance written notice when Level of Service is being changed.
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The City reserves the right to add or delete areas (square footage) from this contract if needed. Any added or deleted areas will cause a price adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to the specific area.

Any new areas that may be added shall be maintained to the same standards required by the specifications of the Service Level for that specific area.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

All bids will be checked for accuracy. In the case of discrepancy in amounts bid, the unit cost shall prevail as basis for award.

LANDSCAPE MAINTENANCE OF CITY FACILITIES, PER SPECIFICATIONS OF RFB 23-24-33 Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage) X
Unit Cost
(Monthly) =
Monthly Price
Turf (including irrigation maintenance) 67,180.04 X $________/sq. ft. = $_____________ Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 285,655.40 X $________/sq. ft. = $_____________ Hardscape (Patios, curbs, gutters,
pathways, sidewalks, parking lots, etc) 642,683.90 X $________/sq. ft. = $_____________ Vegetation (trees, mowing, and weed
control) 24,827.64 X $________/sq. ft. = $_____________ Total Monthly for Level A Service $_____________
Alternate Bid Item: Contractor’s Hourly Rate
Applicable only to major repairs or Extra Work as authorized by Project Manager. $__________per hour
_______________________________________________________________________________________________________________ Bidding Company’s Name Business Address City State Zip
______________________________________________________________________________________________________________ Authorized Signature Date Printed Name of Person Authorized to sign ________________________________________________________________________________________ Telephone No. Fax No. Email Address
CITY OF VISALIA BUSINESS TAX CERTIFICATE NO: ____________________________ (A City Business License is not required to submit a bid; however, vendor is required to obtain a City Business License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326
FEDERAL TAX I.D. NO: __________________________________ 375
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Name of Bidding Agency:____________________
BIDDING CONTRACTOR’S D.I.R. REGISTRATION #__________________________________ BIDDER HAS INCLUDED THE FOLLOWING WITH THIS BID:

10% Bid Guarantee Bond Yes______ No________
Copy of Pesticide Applicator’s License (QAL) Category “B” Yes____ No________ Copy of Maintenance Gardener Pest Control Business License Yes______ No________ If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL category B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.

Failure to submit the above REQUIRED items may result in disqualification of bid.

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom bidder intends to procure insurance, i.e., describe your insurance coverage, including the name of your carrier.

Company Name Address Tel. No. Contact
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

REFERENCES
Bidder is to list three (3) accounts as references, complete with locations, that Bidder has maintained for at least three (3) years and are similar in size and characteristics to those listed in this RFB.

1. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.

2. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.

3. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.
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Name of Bidding Agency:____________________

SUBCONTRACTORS
Pursuant to the provisions of Sections 4100 to 4113 inclusive of the Public Contract Code of the State of California, the undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the consent of the City and the approval of the project manager. If additional space is needed, please attach on a separate sheet of paper.

1. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

2. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

3. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #
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EXHIBIT “B-1”
Submit with Bid

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

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

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

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

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

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

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

Company Name:_________________________________ Business Address:____________________________________________ Signature: _________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal (if any):
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EXHIBIT “B-2”
Submit with Bid

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

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

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

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

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

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

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

Company: ____________________________________________________________________________ Business Address: ____________________________________________________________________________ Signature:_______________________________________________ Date:________________________________ Name of Signing Official (Print or Type) :________________________________ Title of Signing Official: __________________________________________Company Seal (if any):
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EXHIBIT “B-3”
Submit with Bid

BID GUARANTEE
Known all men by these presents:

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

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

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certain construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 23-24-33
Project: Landscape Maintenance of City Facilities in Visalia, CA NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

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

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

Company (Principal): ______________________________________________ Business Address: ______________________________________________ Signature:______________________________________________ Date:____________________ Name of Signing Official: _____________________________________________________________Title:_____________________ Company Seal (if any):

Company (Surety): ______________________________________________ Business Address: ______________________________________________ Signature:_______________________________________________ Date:____________________ Name of Signing Official: ____________________________________________________________Title:_______________________ Company Seal (if any):

Note: Signatures of those executing for the surety must be properly acknowledged. 380
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EXHIBIT “B-4”
Submit with Bid

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

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

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date:_________________ Company Seal (if any):

State of California
County of ________________________
On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 381
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EXHIBIT “B-5”
Submit with Bid
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

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

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EXHIBIT “B-6”
Submit with Bid

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

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EXHIBIT “B-7”
Submit with Bid
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

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

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

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

Council Member(s) Name Date of Contribution(s)

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

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EXHIBIT “B-8”
Submit with Bid

STATE OF CALIFORNIA

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

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )

TITLE OF PERSON SIGNING
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

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

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

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

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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EXHIBIT “B-9”
Submit with Bid

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

Signature:____________________________________ Printed Name:_________________________ Title:______________________________________ Agency Name:_____________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years. 386
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EXHIBIT “C”, Sample Contract – do not submit with Bid

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

CITY FACILITIES
(City of Visalia Bid No. 23-24-33)
This Agreement, entered into and effective this ________ day of ________________, 2024 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 23-24-33 (the “Project”); and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the project; and

WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the CITY’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods.

CITY will be presumed to request renewal unless the CITY delivers a thirty (30) day written notice of non-renewal to the CONTRACTOR prior to the renewal date.

If the CONTRACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide the CITY with written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the CITY, in whole or in part, by giving the CONTRACTOR fifteen (15) days’ written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds. Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.
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2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB 23-24-33, Landscape Maintenance of City Facilities, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 23-24-33

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 23-24-33.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced (monthly) As requested by Contractor (monthly)

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval. 388
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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR
Dated: _______________ By: _______________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA
Dated: _______________ By: _________________________________________________ City Manager

Dated: _______________ By: _________________________________________________ City Attorney

Dated: _______________ By: _________________________________________________ City of Visalia Risk Manager
Dated: ________________ By: _________________________________________________ City of Visalia Project Manager
Total Compensation: $ Not to exceed Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Contractor’s itemized invoice. 389
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Exhibit “C”
Attachment 1

GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
_______________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees.

The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY. 390
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J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

L. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

M. City Ordinance: Contractor shall follow all rules and regulations regarding the City of Visalia Ordinances. Any fines resulting from not following the City’s ordinance, including but not limited to the City’s Water Conservation Ordinance, will be the sole responsibility of the Contractor.

N. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 391
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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof.

CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
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b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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Addendum #1 Annual Contract for Landscape Maintenance of City Facilities Page 1 of 2 City of Visalia, CA Purchasing Division
707 West Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 REQUEST FOR BIDS RFB 23-24-33

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF CITY FACILITIES ADDENDUM NO. 1
Issued: Wednesday, November 13, 2024
Bids Due: Thursday, November 21, 2024 at 2:00 P.M.

This Addendum is being issued to provide responses to questions and to confirm wages. This addendum becomes part of the RFB 23-24-33 document and must be signed and submitted with bid.

ITEM 1: QUESTIONS/RESPONSES
Q1: Are hardscape areas to be blown weekly?
R1: Yes, hardscape should be blown weekly.

Q2: When would Level A Services be changed to another level? R2: Reductions to the levels of service will be requested by the facility managed department to the Urban Forestry Division. The Urban Forestry Division will then initiate the contract change with the winning bidder. Currently all facilities are at a Level A service.

Q3: How often should planters be cleared from debris?
R3: Attached below is the language directly from RFB 23-24-33 Scope of Services.

All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed from planter areas and off the plants on a monthly basis to allow for proper growth of the plants.

Leaves in planter areas shall be removed on a monthly basis. In addition, during seasonal drop, leaves will need to be removed off of walkways as needed for safety. Fallen leaf material shall be removed off the plants regularly to allow for proper plant growth.

Q4: How often should the area where buses park be blown, every week? R4 The area should be blown off at the intervals established by the Level of Service.

Q5: When does the City’s tree contractor go out to trim the trees? R5: Trees are pruned by the City’s tree contractor as requested by the managing department and as funding allows. The Urban Forestry Division will make recommendations to City departments on the need for tree pruning at the various facilities.

Q6: If a tree limb falls, can contractor charge extra if called out to haul off the tree limb? R6: The contractor can charge for CALL BACKS to remove and haul off down tree limbs.

Q7: Can the contractor charge extra if called out to pick up extra items such as tires/trash? R7: The contractor can charge for calls to clean up ILLEGAL DUMPING to remove and haul off large quantities of trash and other debris.
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Addendum #1 Annual Contract for Landscape Maintenance of City Facilities Page 2 of 2 Q8: When performing work at the K9 training facility, there are times where we go out and they are training. Can we skip for the week?
R8: If the facility is in use the facility can be skipped, but the contractor shall contact the Urban Forestry Division immediately to work with Visalia Police Department to identify a maintenance schedule that does not conflict with facility events.

Q9: Sometimes we get complaints about dust on cars when blowing parking areas. Should we not blow near cars?
R9: Cars should be avoided while blowing to keep debris from being blown on vehicles.

Q10: Are we required to bid on the entire list of facilities? Or can we pick and choose which areas we would like to bid on?
R10: The contractor is required to bid on all facilities and cannot pick and choose facilities to bid on.

Q11: What is the current breakdown on price?
R11: The current pricing is listed below. The current contract is a temporary month to month contract and the scope of work (services) is not the same as the scope of work for RFB 23-24-33, which has been updated.

City Facilities – Temporary Month to Month Contract Awarded to JCS Land Management Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage)
X Unit Cost
(Monthly)
= Monthly Price
Turf (including irrigation
maintenance)
67,180.04 X $0.019/ sq. ft. = $1,276.42
Planter (trees, shrubs, ground
cover, vine cover on walls and
weed control)
281,475.40 X $0.02/ sq. ft. = $5,629.51
Vegetation (trees, mowing,
and weed control)
24,827.64 X $.01118/ sq. ft. = $277.57
Hardscape (Patios, curbs,
gutters, pathways, sidewalks,
parking lots, etc)
584,136.42 X $.00417/ sq. ft. = $2,435.85
Total Monthly for Level A Service $9,619.35
ITEM 2: PREVAILING WAGES
Prevailing wages were checked on Tuesday, November 12, 2024. There were no updates to the state wages. State wages originally posted with this RFB remain in effect.

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

By:

Bidder’s Signature
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401
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404
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RFB 23-24-33 Exhibit D-1
City FaciliƟes Square Footage
Turf Sq Ft
Shrub Sq
Ft Vegetation Hardscape Acreage
Visalia Fire Station 55 0.00 34,938.50 0.00 33,393.01 1.569 6921 W. Ferguson Avenue
Transit Operations Facility 0.00 52,710.98 0.00 245,117.39 6.837 525 N. Cain Street
CNG Station 652.78 2,316.63 0.00 9,852.62 0.294
439 N. Cain Street
Visalia Police Dept, District 1 0.00 4,376.00 0.00 26,683.00 0.713 204 NW. #rd Avenue
Visalia Police Dept, District 2 0.00 32,573.00 0.00 45,147.00 1.784 4100 S. County Center Drive
Visalia Police Dept, Headquarters 0.00 4,060.50 0.00 28,620.37 0.750 303 S. Johnson Street
Fire Station 51 0.00 5,938.72 0.00 20,768.50 0.613
309 S. Johnson Street
Civic Center - (CHW) 0.00 14,672.83 0.00 18,032.12 0.751 707 W. Acequia Avenue
Public Works Administration/ Sonic Buildings 0.00 10,068.73 0.00 22,133.72 0.739 442 N. Ben Maddox Way
Visalia Emergency Communications Cntr (VECC) 0.00 29,560.17 0.00 97,933.63 2.927 420 N. Burke Street
Animal Control Center 13,069.63 21,733.00 24,827.64 38,128.48 2.244 29274 Drive 85
COV Administration 0.00 1,797.66 0.00 6,613.34 0.193
220 N. Santa Fe Street
Old Cal-Trans Yard Landscape 4,619.57 18,854.90 0.00 10,359.91 0.777 700 E. Murray Avenue
City Hall East (CHE) 2,742.06 30,434.78 0.00 19,481.81 1.209 315 E. Acequia Avenue
City Wellness Clinic 2,254.00 0.00 0.052
315 S. Johnson Street
Police Dept K-9 Facility 27,007.00 0.00 0.620
7400 Ave 328
Visalia Municipal Airport 19,089.00 15,185.00 0.00 0.787 9501 W. Airport Dr
Mirviss Building 4,180.00 20,419.00 0.565
300 E. Mineral King Avenue
2024-25: Facilities Scope of Work Totals 67,180.04 285,655.40 24,827.64 642,683.90 23.424 Total Square Footage to be Maintained: 1,020,346.98
418
Administration Building Landscape Areas
272
© City of Visalia

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City Limits
Streets
Street Names
Parcels
2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
Planters
Hardscape
Kevin Mayes
419
City Hall West Landscape Areas
317
© City of Visalia

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@ City of Visalia
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City Limits
Streets
Street Names
Parcels
2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
Planters
Hardscape
Kevin Mayes
420
City Hall East Landscape Areas
408
© City of Visalia

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10/15/2018
@ City of Visalia
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Streets
Street Names
Parcels
2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
Kevin Mayes
Planters
Turf
Hardscape
421
Transit Operations Yard Landscape Areas
1,167
© City of Visalia

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@ City of Visalia
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Streets
Street Names
Parcels
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Red: Band_1
Green: Band_2
Blue: Band_3
Kevin Mayes
Planters
Hardscape
422
CNG Station Landscape Areas
584
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Streets
Street Names
Parcels
2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
Planters
Turf
Hardscape
Kevin Mayes
423
Old Cal Trans Yard Landscape Areas
725
© City of Visalia

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@ City of Visalia
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Streets
Street Names
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2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
Kevin Mayes
Planters
Turf
Hardscape
424
Public Works Office Buildings at Sonic Landscape Areas
408
© City of Visalia

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Streets
Street Names
Parcels
2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
Kevin Mayes
Planters
Hardscape
425
Police Station (Johnson) Landscape Areas
335
© City of Visalia

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10/24/2018
@ City of Visalia
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Streets
Street Names
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Red: Band_1
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Blue: Band_3
Kevin Mayes
Planters
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426
Police Department District #2 Landscape Areas
401
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Red: Band_1
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Blue: Band_3
Planters
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Kevin Mayes
427
Police Department District #1 Landscape Areas
375
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Streets
Street Names
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2018 Aerials
Red: Band_1
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Blue: Band_3
Planters
Hardscape
Kevin Mayes
428
Fire Station 51
383
© City of Visalia

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@ City of Visalia
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Streets
Street Names
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2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
Kevin Mayes
Planters
Hardscape
429
Fire Station 55 Landscape Areas
906
© City of Visalia

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@ City of Visalia
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City Limits
Streets
Street Names
Parcels
2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
Planters
Hardscape
Kevin Mayes
430
V.E.C.C. Landscape Areas
906
© City of Visalia

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Streets
Street Names
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2018 Aerials
Red: Band_1
Green: Band_2
Blue: Band_3
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Hardscape
Kevin Mayes
431
Health and Wellness Clinic
181
© City of Visalia

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432
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697
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433
434
435
436
437
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0531 Agenda Date: 12/16/2024 Agenda #: 14.

Agenda Item Wording:

Extend Contract for Engineering Services - Authorize the City Manager to extend the emergency contract for Engineering Plan Review and Related Services to Interwest Consulting Group, not to exceed $200,000 for one year ending December 31, 2025.

Deadline for Action: 12/31/2024
Submitting Department: Community Development
Contact Name and Phone Number: Jason Huckleberry, Director of Engineering & Building Dept, [email protected], (559)713-4495
Department Recommendation:

Staff recommends that Council authorize the City Manager to extend the emergency contract for Engineering Plan Review and Related Services to Interwest Consulting Group for one year (ending December 31, 2025) to the City with professional Land Surveyor related map and document review and approvals due to the continued vacancy of the City’s Land Surveyor position at a maximum cost not-to-exceed of $200,000.

Background Discussion:

The emergency contract with Interwest was initially executed in October 2020 to provide plan review support to Community Development staff to meet objective plan review timelines related to new project submittals. City staff has been successfully meeting those timelines for nearly three years now and has not relied upon the Interwest contract for plan review service. However, in April of 2022 the City’s Land Surveyor accepted a position with another agency and the City has not been successful in backfilling that position. The Department has relied heavily upon the emergency contract to provide both the Engineering and Planning Divisions with a contracted licensed land surveyor to review and sign on subdivision final maps, parcel maps, as well as provide technical review of easements, grant deeds, and lot line adjustments submitted to the City’s Engineering and Building Department. These services are critical to the department and a required component of the work we perform. The Engineering and Building Department is seeking to extend the emergency contract with Interwest Consulting Group for one year to provide time for a formal Request for Proposals (RFP) for Land Surveyor services to be advertised, submittals to be reviewed, and a contract executed in 2025. An RFP has been drafted and submitted to the City’s Purchasing Division for advertisement expected to be in early 2025. The current Interwest contract will expire on December 31, 2024. If approved, this extension will extend the contract to December 31, 2025, which provides ample time for staff to complete the RFP process for land surveyor services.

Fiscal Impact:

The City will not increase or modify the development fee schedule for the services provided by Interwest Consulting Group. The City’s current fee collection structure was established as Visalia City Council Page 1 of 2 Printed on 12/13/2024
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File #: 24-0531 Agenda Date: 12/16/2024 Agenda #: 14.
nonrecuperative for services rendered and does not fully offset the cost associated with staff review time spent on development projects and is therefore subsidized by the General Fund. The City is required to provide the service as noted in the report and the cost for the emergency contract services will not be passed onto the public. While it is difficult to anticipate the actual amount that may be expended since it is unknown how many projects may be submitted for review, staff has reviewed work performed in previous contract years and believes that $200,000 is an appropriate amount for the annual contract. If the Land Surveyor position is filled, this contract will no longer be necessary. Additionally, once the formal request for proposals has been awarded in 2025 and firms are under contract, this contract will be terminated.

Prior Council Action:

October 19, 2020 - City Council authorized the City Manager to execute a one-year emergency contract with the Interwest Consulting Group for Engineering Plan Review and Related Services.

December 20, 2021, the City Council authorized the City Manager to extend the emergency contract for Engineering Plan Review and Related Services to June 30, 2022.

June 20, 2022, the City Council authorized the City Manager to extend the emergency contract for Engineering Plan Review and Related Services to June 30, 2023.

November 6, 2023 - City Council authorized the City Manager to extend the emergency contract for Engineering Plan Review and Related Services to December 31, 2024.

Other: The contract extension by Council on June 6, 2022 was further extended through memorandum in June 2023 for an additional six months without any additional appropriation of funds.

This extension by memorandum resulted in a contract expiration of December 31, 2023.

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

I move to approve the authorization of the City Manager to extend the emergency contract for Engineering Plan Review and Related Services to Interwest Consulting Group for one year, ending December 31, 2025 at a cost not-to-exceed amount of $200,000...end Environmental Assessment Status: N/A
CEQA Review: Not required for these services.

Attachments:

1. Copy of previously signed Professional Service Agreement for Engineering Plan Review and Related Services

2. Billing Rates provided by Interwest Consulting Group Visalia City Council Page 2 of 2 Printed on 12/13/2024
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Billing Rates
Effective July 17, 2023
Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI -U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”). Such incr ease shall not exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

Classification Hourly Billing Rate
Engineering
Principal in Charge................................................................................................................................... ..255 Principal Engineer ...................................................................................................................................... 229 City Surveyor ............................................................................................................................................. 224 City Engineer ............................................................................................................................................. 224 Project Manager ........................................................................................................................................ 208 Traffic Engineer ......................................................................................................................................... 203 Transportation Engineer............................................................................................................................ 208 Supervising Engineer ................................................................................................................................. 203 Senior Engineer ......................................................................................................................................... 198 Licensed Land Surveyor ............................................................................................................................. 192 Engineering Associate III............................................................................................................................ 161 Engineering Associate II ............................................................................................................................ 151 Engineering Associate I ............................................................................................................................. 140 Survey Technician ...................................................................................................................................... 130 Senior Engineering Technician................................................................................................................... 130 Engineering Technician III .......................................................................................................................... 130 Engineering Technician II .......................................................................................................................... 114 Engineering Technician I ........................................................................................................................... 104 Student Trainee ........................................................................................................................................... 52 Grading Plans Examiner ............................................................................................................................. 166 Building Safety Services
Certified Building Official ........................................................................................................................... 166 Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect ................................ 161 Supervising Structural Engineer ................................................................................................................ 192 Senior Structural Engineer ......................................................................................................................... 182 Senior Plans Examiner ............................................................................................................................... 146 CASp .......................................................................................................................................................... 130 Inspector III ................................................................................................................................................ 114 Inspector II ................................................................................................................................................. 104 Inspector I .................................................................................................................................................... 94 Permit Technician ........................................................................................................................................ 83 Fire Protection Engineer ............................................................................................................................ 161 Senior Fire Plans Examiner ........................................................................................................................ 135 Fire Plans Examiner / Fire Inspector .......................................................................................................... 125 ICC Building Plans Examiner .................................................................................................................... 125 449
Senior Code Enforcement Officer .............................................................................................................. 140 Code Enforcement Officer ......................................................................................................................... 130 Trainee ........................................................................................................................................................ 78 Construction Management
Construction Manager .............................................................................................................................. 182 Assistant Construction Manager ............................................................................................................... 161 Supervising Public Works Observer ........................................................................................................... 177 Senior Public Works Observer ................................................................................................................... 172 Public Works Observer III .......................................................................................................................... 161 Public Works Observer II ........................................................................................................................... 146 Public Works Observer I ............................................................................................................................ 130 Landscape Design Review Services
Project Manager ........................................................................................................................................ 182 Senior Landscape Design Reviewer ........................................................................................................... 166 Landscape Design Reviewer ...................................................................................................................... 151 Landscape Maintenance Inspector ............................................................................................................ 130 Landscape Field Supervisor ....................................................................................................................... 130 Planning Services
Community Development Director ........................................................................................................... 224 Planning Manager ..................................................................................................................................... 198 Principal Planner........................................................................................................................................ 182 Senior Planner ........................................................................................................................................... 166 Associate Planner ...................................................................................................................................... 135 Assistant Planner ....................................................................................................................................... 109 Planning Technician ..................................................................................................................................... 88 Administrative
Grant Manager .......................................................................................................................................... 166 Grant Writer .............................................................................................................................................. 156 Management Analyst II ............................................................................................................................. 125 Management Analyst I .............................................................................................................................. 114 Senior Administrative ................................................................................................................................ 104 Administrative III ......................................................................................................................................... 99 Administrative II .......................................................................................................................................... 94 Administrative I ........................................................................................................................................... 78 450
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0543 Agenda Date: 12/16/2024 Agenda #: 15.

Agenda Item Wording:

Approval for consolidation of services - Authorize the City Manager to transfer funds from the operational budget to employee salary and benefits and appropriate $640,000 for the purchase of equipment to consolidate specific service delivery for trails, basins, and City provided services in the downtown area.

Deadline for Action: 12/16/2024
Submitting Department: Community Services
Contact Name and Phone Number: Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Jason Glick, Parks and Recreation Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the transfer of funds from the operational budget to employee salary and benefits and appropriate $640,000 for the purchase of equipment to consolidate services for specific landscape maintenance, litter cleanup, sweeping of the trails, landscape maintenance of basins, downtown litter cleanup, sweeping of the downtown parking structures, and maintenance of the downtown parking lots.

Background Discussion:

Staff has found increased benefits with in-house staffing that will increase the level of service for the City. The in-house staff can provide seven (7) days a week services to perform litter cleanup at maintenance locations, perform additional cleaning intervals, and staff special events. With these staff members on-site daily, they will be available to respond to issues that may arise throughout the week, i.e. responding to water leaks, safety hazards, and illegal dumping promptly instead of needing to call in the contractor or call back staff that are off duty. These staff members will also be trained and can clean up spills, food waste, and other issues that have been difficult to complete because of the limitations of current contractual services. The additional staff will also alleviate some of the workload of current staff by completing tasks that were requiring current staff to be pulled from their normal assignments and be redirected to the work performed by contractors that had been missed, and/or was work unable to be performed by current contracted services.

Over the last several years staff has seen a large increase in costs for contractual services. Some of the factors that have created this increase are state prevailing wage requirements, state mandated minimum wage increases, fuel and material costs, and the increase in maintenance frequency needed to meet the demands of the rapidly growing community. Other issues that have contributed outside of the state mandated increases and materials costs are additional services needed to deal with the transient population and increase in usage of City facilities which necessitates a higher, more frequent and flexible level of service.

Visalia City Council Page 1 of 4 Printed on 12/13/2024
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File #: 24-0543 Agenda Date: 12/16/2024 Agenda #: 15.

Staff began reviewing the contractual cost increases several years ago with each Request for Bid (RFB) that was advertised and awarded. As these costs continued to increase, staff began performing cost analysis in different maintenance areas to compare the cost of in-house services vs. cost of contractual services. One of the areas that was reviewed in 2022 was the park janitorial services of park restrooms and park litter cleanup. With this analysis, staff found that the work could be completed with in-house staff and increase the frequency and flexibility of service for the same cost as the contractual services being provided. The decision was made to move forward with inhouse janitorial services for the parks. As a result, the Parks Maintenance Division transferred funds from contractual services in the division’s operational budget to hire two (2) full-time Lead Custodial Workers, two (2) full-time Park Maintenance Workers, and four (4) hourly employees. With these additional staff members, the Park Maintenance Division has been more proactive with the janitorial services within the parks, by completing regular second checks daily throughout the year. Previously, this was only completed during the summer months per the contract. We are also able to respond quickly to accidents and incidents in the restrooms and perform the necessary cleaning to keep the restrooms more readily available for park users. Another advantage of additional staff has been providing flexibility to have staff scheduled at different shifts to meet the needs for special events, reservations, and sports groups. We have also found that the additional staff have helped to reduce the camping inside the restroom facilities, with staff actively engaging with the transient population regularly and educating them on the park ordinance rules. Because of these factors, staff has seen a significant reduction in complaints pertaining to the park restrooms. Staff believes continuing this trend as proposed will be beneficial to the citizens who frequent these City facilities.

With several contracts expiring and recently awarded contract costs, staff continued to review and perform cost analysis for several maintenance areas. The largest of these areas was the City trail system. The City’s trail system has continued to grow and is now a total of 25 miles of trails throughout the City and growing. There are also several storm basins with walking trails along with the recently installed trail around the East Side Regional recharge basin G. Staff began performing cost projections for a new maintenance contract for the landscape maintenance of these areas with updated costs to include newly constructed locations that were not on the current contract. Staff also reviewed the costs for several other locations with expiring or month-to-month contracts such as the downtown parking lot maintenance, litter cleanup of the Downtown and Parking Structures, as well as trail locations within the City’s landscape and lighting maintenance contract. Based off recently awarded contracts of the same job scope and after meeting with contractors to negotiate their requested cost increases for services, staff completed a full analysis for the cost of in-house staff compared to the contractual services with these additional increases.

After reviewing these costs, staff found that the costs had increased to the level that in-house staff could be hired to not only perform the current level of maintenance but also increase the frequency of maintenance to these areas. The costs would enable the City to hire one (1) Maintenance Supervisor, one (1) Park Maintenance Technician, and nine (9) Park Maintenance Workers. With this number of staff, additional areas could be maintained to further reduce contractual services costs to the City. Staff will also perform the pavement sweeping within the two parking structures in the Downtown and all the trail sweeping. The street sweeping contract had recently been awarded and saw a huge increase in cost because of the prevailing wage requirements, which increases the base cost, plus the overhead to file the appropriate state-mandated paperwork, etc..

The cost savings will also fund the purchase of equipment for additional staff to perform the current Visalia City Council Page 2 of 4 Printed on 12/13/2024
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File #: 24-0543 Agenda Date: 12/16/2024 Agenda #: 15.
maintenance and be able maintain future growth of the recharge basins at East Side Regional Park with the purchase of a new tractor and flail mower. Staff also factored in fuel, parts, and repair costs of additional equipment and included a fleet replacement reserve for replacement once the equipment has reached its life expectancy. Below is a list of the equipment and how it will be used.

Maintenance Equipment:

1. Purchase six (6) half ton pickups ($272,000)- maintenance worker vehicles.

2. Purchase one (1) three quarter ton pickup ($65,000) - technician vehicle.

3. Purchase one (1) retired police vehicle ($8,000) - supervisor vehicle.

4. Purchase one (1) John Deere 5130 tractor & flail mower ($175,000)- flail trails, basins, and disc open spaces.

5. Purchase one (1) half ton sweeper unit ($120,000) - sweep trails, parking structures, and trail/park parking lots.

Staff firmly believes that adding the staffing to perform the services listed above will improve the overall maintenance of the areas and the experience of residents using the facilities throughout the City.

Fiscal Impact:

Staff began analyzing the cost for contractual services versus in-house staffing and found that the contractual costs had increased to the point that the in-house staffing would be a less costly, provide higher frequency, and be a more responsivemeans to complete maintenance.

Below is a five-year cost analysis with employee and equipment costs to include an inflation escalator, and contractual service costs over that same five-year period with Consumer Price Index (CPI) cost increases.

Visalia City Council Page 3 of 4 Printed on 12/13/2024
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File #: 24-0543 Agenda Date: 12/16/2024 Agenda #: 15.

Prior Council Action: None
Other: None
Alternatives: Reject staff’s recommendation to provide in-house services and continue to contract services at a higher cost.

Recommended Motion (and Alternative Motions if expected):

I move to approve the transfer of funds from operational budget to employee salary and benefits and appropriate $640,000 for the purchase of equipment to consolidate specific services within the trails, basins, and City provided services in the downtown.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Trail and Basin Locations and Acreage, Downtown Parking Lot Map Visalia City Council Page 4 of 4 Printed on 12/13/2024
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Area Sq. Ft.

Ground/Shrubs Acre
Trail & Roadsides
Jennings Ditch Trail 130,191.00 2.99
Millcreek Trail (SWt of Millcreek & McAuliff, N of Ditch) 143,124.70 3.29 Millcreek Trail (E of McAuliff along Murray Ave.) 101,260.43 2.32 Millcreek Trail (Burke St. to Tipton St.) 63,038.00 1.45 Packwood Trail North of Tulare, East of McAuliff 68,499.11 1.57 Packwood Creek Trail (Diamond Crk SW of Tulare & McAuliff) 71,851.72 1.65 Packwood Creek Trail (Older Section N of Tulare, E of McAuliff) 127,980.67 2.94 Packwood Creek Trail at Wood Ranch 110,000.00 2.53
Packwood Creek Trail - Cedar to Santa Fe railroad tracks 180,473.00 4.14 Packwood Creek Trail - Cedar to Crumal 66,320.00 1.52
St. John's Trail North of Riverway 258,931.00 5.94
St. John's Trail East of 63 410,687.00 9.43
Green Way Trail 409,464.00 9.40
Santa Fe - Houston Ave - Modoc 410,758.35 9.43
Santa Fe - Modoc - Riggin 125,474.34 2.88
Santa Fe - Caldwell Ave - Modoc 194,565.27 4.47
Santa Fe - Cameron Creek 95,902.81 2.20
Santa Fe - Caldwell - Railroad Spur 296,416.21 6.80
Santa Fe - Railroad Spur - Walnut 146,398.16 3.36
Santa Fe - Walnut - Paradise 100,068.56 2.30
Santa Fe - Paradise - Tulare 76,842.36 1.76
3,588,246.69 82.375
Goshen Bike Path (Giddings - 76)
Akers - Demaree 105,946.59 2.43
Demaree - Mooney 110,210.29 2.53
Kelsey - Shirk 99,028.55 2.27
Mooney - Giddings 39,930.83 0.92
Plaza - Kelsey 45,940.62 1.05
Rd 76 - Plaza 59,685.22 1.37
Shirk - Akers 105,120.02 2.41
565,862.12 12.990
Ponding Basins
Basin G ESRP 1,214,161.00 27.87
Brierwood Ponding Basin 34,241.00 0.79
Cobblestone Basin(Interior) 41,951.00 0.96
Cobblestone Ponding Basin 12,710.00 0.29
Packwood Ponding Basin 145,675.00 3.34
Piano Basin 38,363.00 0.88
Pinkham Ponding Basin 65,030.00 1.49
St. John's Trail (Five Sections) 01-01-19 4,134,900.82 94.92 455
Stratford Ponding Basin 2,572.00 0.06
Webb Estates Ponding Basin 720.00 0.02
Willow Creek Ponding Basin 171,804.00 3.94
4,647,966.82 106.70
Riparians
Modoc Ditch Riparian, Giddings St to Hwy 63 112,374.39 2.58 Packwood Riparian/Montecito, South of Tulare 69,105.00 1.59 181,479.39 4.17
Contract Total 10,197,716.02 234.11
456
4 44
3 9
5 1
19 42
4 12
43 46
29 28
7 11
2 33
34 36
35 8
18 39
41 38
37 45
30 10 MILL CREEK
Hwy 198
W M ain St
W Noble Ave
W Center Ave
W M urray Ave
W M yrtle Ave
E Main St
W M ineral King Ave
W Goshen Ave
W Kaweah Ave
E Noble Ave
E Oak Ave
E Center Ave
E School Ave
E Murray Ave
N Wi ll si St
N Court St
N F ol ral St
W Acequia Ave E Acequia Ave
W School Ave
N Br di ge St
N West St
N Locust St
N Enc ni a St
N Park St
N Church St
S G di d ni gs St
N Garden St
N Jacob St
Al el y
N T pi ton St
N San at Fe St
E Mineral King Ave
N Johnson St
S Willis St
S Court St
N G di d ni gs St
S Bridge St
S Locust St
S Conyer St N Conyer St
E Myrtle Ave
S Johnson St
E Kaweah Ave
S Watson St
S West St
S Stevenson St
S
Floral St
N S et venson St
S Sowell St
S T pi ot n St
S Encina St
S Church St
S Garden St
S Oak Park St
S Santa Fe St
N Turner St
W Oak Ave
N Dud el y St
S Mart ni St
S L bi erty St
W W illow Ave E Willow Ave
Al el y
S Stevenson St
Alley
S Mart ni St
W M yrtle Ave
N Conyer St
Alley
S Locust St
Alley
S Conyer St
N Dud el y St
Alley
Alley
W Oak Ave
S Court St
Alley
Alley
Alley
Alley Alley
S Bridge St
Al el y
S Church St
Alley
Alley
Alley
Alley
Al el y
S Willis St
Al el y
N G di d ni gs St
Alley
Alley
Al el y
S Johnson St C i t y o f V i s a l i a
D o w n t o w n p a r k i n g L o t s
0 250 500 1,000 1,500 2,000
Feet
E Acequia Ave
S Burke St
E Mineral King Ave
S T pi ot n St
S Bradley Ct
47 ±
R. Conaway 2/17
1:7,778
R. Conaway 1/18
1:8,000
48 457
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0546 Agenda Date: 12/16/2024 Agenda #: 16.

Agenda Item Wording:

Developer Reimbursement Agreement - Authorize the City Manager to execute a reimbursement agreement for improvements to Pinkham Street and K Avenue as constructed with the Vista Del Sol Subdivision located at the southeast corner of K Avenue and Pinkham Street.

Deadline for Action: 12/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Luqman Ragabi, Associate Engineer, [email protected] <mailto:[email protected]>, (559)713-4362
Jason Huckleberry, Director of Eng & Building, [email protected] <mailto:[email protected]> , (559) 713-4495 Department Recommendation:

Staff recommends authorizing the City Manager to execute the reimbursement agreement with Presidio JJR Vista Del Sol 95, LL (Developer) in the amount of $228,718.28 for improvements constructed along K Avenue and Pinkham Street associated with the Vista Del Sol subdivision.

Background Discussion:

The Vista Del Sol project subdivided a 22.33-acre site into a 95-lot single family subdivision with six Out Lots (Lots A, and C through F) for street frontage landscaping, a pocket park, and a pedestrian connection for Monte Verde Court. As a requirement of the project, frontage improvements to K Avenue and Pinkham Street consisting of grading, paving, storm drain, and placement of conduit for a future traffic signal. The total amount to be reimbursed to the Developer is $228,718.28.

Both K Avenue and Pinkham Street are collector roadways funded through the Transportation Impact Fee program. Consequently, portions of the required public improvements on Pinkham Street and K Avenue are eligible for reimbursement under the City’s impact fee program.

On November 13, 2024, the reimbursement agreement for the Vista Del Sol subdivision was reviewed and recommended for approval by the Development Reimbursement Review Committee (DRRC). The DRRC is comprised of staff from the Community Development and Finance Departments. The DRRC reviewed the reimbursement to ensure that the costs are reasonable compared to the City’s costs for comparable capital projects.

Fiscal Impact:

A cash reimbursement totaling $228,718.28 will be made to the Developer as follows:
· Transportation Impact Fee Fund (241) $212,249.62
Visalia City Council Page 1 of 2 Printed on 12/13/2024
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File #: 24-0546 Agenda Date: 12/16/2024 Agenda #: 16.
· Storm Drain Impact Fund (CP9229) $16,468.66
The Vista Del Sol subdivision consists of 95 residential lots, contributing a total of $674,500 in transportation impact fees as assessed with the building permit process.

Prior Council Action: Council accepted the final map for the Vista Del Sol subdivision at their meeting held on February 2, 2022.

Council accepted the Notice of Completion for the Vista Del Sol Subdivision at their meeting held on December 19, 2022.

Other: On November 13, 2024 the Development Reimbursement Review Committee reviewed and recommended approval of the reimbursement agreement for the Vista Del Sol subdivision.

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

I move to authorize the City Manager to execute the reimbursement agreement for improvements completed by the Vista Del Sol subdivision.

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

1. Location Map

2. Reimbursement Agreement
Visalia City Council Page 2 of 2 Printed on 12/13/2024
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E K Ave
S
Pin
k
h
a
m
St
S
Ben
Maddox
Way
E Caldwell Ave E Caldwell Ave
LOCATION MAP ·
C
ony
er St
Sedona Ave
Vista Del Sol
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City of Visalia & Developer
Reimbursement Agreement PAGE 1

CITY OF VISALIA

REIMBURSEMENT AGREEMENT

FOR PRIVATELY CONSTRUCTED PUBLIC FACILITIES INCLUDED IN THE CITY’S IMPACT FEE PROGRAMS
This Agreement, dated as of the _____ day of _________________, 2024, is entered into by and between the City of Visalia, a municipal corporation (the “City”), and PRESIDIO JJR VISTA DEL SOL 95, LLC. (the “Developer”).

RECITALS:

WHEREAS, Chapter 16.44 of the City of Visalia Municipal Code (the "Code") established development fees and special funds as part of the City’s Transportation Fee Program (the “Transportation Fee Program”); and
WHEREAS, Section 16.44.150 of the City of Visalia Municipal Code authorizes the City to enter into reimbursement agreements for the construction of planned transportation facilities designated in the Transportation Fee Program upon application of property developers; and WHEREAS, Chapter 16.40 of the City of Visalia Municipal Code (the “Code”) establishes development fees and special funds as part of the City’s Storm Drain System Fee Program (the “Storm Drain Development Fee Program”); and
WHEREAS, Section 16.40.070 of the City of Visalia Municipal Code authorizes the City to enter into reimbursement agreements for the construction of facilities designated in the Storm Drain Development Fee Program upon application of property developers; and WHEREAS, City and Developer, as a condition for approval of Vista Del Sol, pertaining to real property identified therein (the property and entitlements so described hereafter referred to as the Project”) have entered into a Project Improvements Agreement that sets forth Developer’s obligations regarding the dedication of right of way and construction of planned transportation facilities and other public improvements, according to improvement plans titled Vista Del Sol and approved by the City (hereafter collectively referred to as the “Facilities”); and WHEREAS, City and Developer desire to set forth their mutual understandings regarding the manner in which the City shall reimburse Developer for the Facilities that are nonsupplemental transportation facilities under the City’s Transportation Fee Program requirements, and drainage facilities under the City’s Storm Drain Development Fee Program; and NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and the Developer hereby agree as follows:

Section 1. Construction of Facilities
Developer shall complete construction of the Facilities in accordance with the terms of the Subdivision Improvements Agreement.

Section 2. Reimbursement Amounts
The City shall reimburse, through fee credits or cash payments as provided herein, the Developer 461
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Reimbursement Agreement PAGE 2
for the planned Facilities based on the schedule of costs and land values contained in the Traffic Impact Fee Update Nexus Study City of Visalia, dated March 16, 2015. Exhibit 1, attached hereto, lists the Programmed Costs, or the items that the City will reimburse the Developer for and lists the applicable unit costs and right of way values. Planned transportation facilities that are nonsupplemental improvements to the Project, and for which the Developer is entitled to be reimbursed for, are separately identified in Exhibit 1 of this agreement.

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

Section 3. Adjustment to Programmed Costs
The Developer may request the City to adjust the Programmed Costs. In order to request an adjustment to the Programmed Costs, the Developer must provide the following:
(1) Copies of the original contract with the contractor and any change orders that have been agreed to by the Developer, contractor, and the City. The portion of each change order associated with the Facilities must be itemized separately; (2) Copies of all invoices, with unconditional lien releases, submitted by the contractor; (3) Copies of all checks issued by the Developer with related invoices indicated; and (4) A summary tabulation of all contractor invoices and Developer payments.

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

Section 4. Right to Reimbursement
Developer shall be reimbursed the final amount of the Programmed Cost in the manner as set forth in Section 5 below. Reimbursements payments by the City will not be made until all of the following requirements are met:
(1) All Facilities are completed and formally accepted by the City as shown by the issuance of a Notice of Completion by the City; and
(2) A reimbursement request is submitted to the City. The Developer must apply for reimbursement within four (4) years after the City has accepted the Facilities or within four years of January 30, 2009, the effective date of Ordinance No. 2008-14, which modified Chapter 16.44 of the Visalia Municipal Code to contain this requirement, whichever is later. The Developer waives all right to reimbursement from the City if they do not request reimbursement within this 462
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Reimbursement Agreement PAGE 3
four-year limitation; and
(3) Thirty (30) days have passed since the City accepted the facilities and no claims of nonpayment have been filed with the city. If such claims have been filed, then the City will not reimburse the Developer until the claims are resolved.

Section 5. Reimbursement Method
Upon issuance of a Notice of Completion for the Facilities, Developer shall be reimbursed the Programmed Costs in the following manner(s):

5.1 Cash Reimbursement from Development Fees Collected City Wide. City shall pay $228,718.28 of the Programmed Costs, in the manner identified in Exhibit 1, within 2 years of the date of Notice of Completion for the project. The City shall establish respective priorities to payments from such fund by reference to the date of issuance of a Notice of Completion. The City will reimburse the Programmed Costs to the Developer without interest.

Section 6. Transfer of Reimbursement Rights
Rights to cash payment reimbursements or fee credits granted to Developer pursuant to this Agreement may be transferred to other owners, builders, or developers only with the written consent of City. The notice must be signed by the Developer and the City, and an executed copy of the form shall be kept on file at the City.

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

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

Section 9. No Third Party Beneficiary
City does not assume any liability, duty or obligation to Developer’s contractors, subcontractors or agents by execution or performance of this Agreement and no contractors, subcontractors, 463
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Reimbursement Agreement PAGE 4
agents or any parties are third party beneficiaries of this Agreement.

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

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

City: With a copy to:

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

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

PRESIDIO JJR VISTA DEL SOL 95, LLC
Attn Nicolas Peters
5607 Avenida de los Robles
Visalia, California 93291

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

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

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

Section 14. Binding on Successors and Assigns
Each and every provision of this Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, in the same manner as if such parties had been expressly named herein.
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Reimbursement Agreement PAGE 5
Section 15. Governing Law; Venue
This Agreement is made under, and shall in all respects be interpreted, enforced, and governed by, the laws of the State of California. In the event of a dispute concerning the terms of this Agreement, the venue for any legal action shall be with the appropriate court in the County of Tulare, State of California.

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

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

Section 18. Compliance with State Law.

Developer is aware of the requirements of California Labor Code Section 1720, et seq., 1770, et. seq., and California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements for work considered “public works” as that term is defined under Prevailing Wage Laws. Developer agrees that it shall comply with Prevailing Wage Laws and it is Developer’s sole responsibility to confirm whether Prevailing Wage Laws are applicable. City shall provide Developer with a copy of the prevailing rates of per diem wages in effect at the commencing of this Agreement upon request by the Developer. Developer agrees to hold the City harmless and to indemnify and defend the City, with legal counsel reasonably acceptable to City, from all claims arising from the potential application of Prevailing Wage Laws under this Agreement. 465
City of Visalia & Developer
Reimbursement Agreement PAGE 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and the year first written above.

CITY OF VISALIA, PRESIDIO JJR VISTA DEL SOL 95, LLC
A municipal corporation

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

Print Name
ATTEST:

Title

Deputy City Clerk Date
APPROVED AS TO FORM:

City Attorney Date
466
EXHIBIT 1
City of Visalia & Developer
Reimbursement Agreement Page 7
467
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0464 Agenda Date: 12/16/2024 Agenda #: 1.

Agenda Item Wording:

Ordinance Adoption - A Public Hearing and first reading of Ordinance No. 2024-14, a request by the City of Visalia to amend Visalia Municipal Code Sections 8.40.020, to add a definition of Illegal dumping, and 8.40.030, declaring illegal dumping as a public nuisance.

Deadline for Action: 12/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Tommy Conteras, Code Enforcement Officer, [email protected] <mailto:[email protected]>, (559) 713-4194
Tracy Robertshaw, Neighborhood Preservation Manager, [email protected] <mailto:[email protected]>, (559) 713-4187
Paul Bernal, Planning & Community Preservation Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council hold a public hearing, receive a presentation and staff report, and introduce the first reading of Ordinance No. 2024-14 amending Visalia Municipal Code Sections

8.40.02 implementing a definition of illegal dumping and 8.40.030, declaring illegal dumping a public nuisance and specifying fines for violators.

Background Discussion:

On October 7, 2024, a work session item was held with the City Council to conduct an ordinance review and recommended change by staff for codes regarding illegal dumping and penalties structured for illegal dumping. During the presentation, and as noted in the staff report, the Municipal Code currently lacks any definition of “illegal dumping” nor does the ordinance codify penalties designated for illegal dumping. The sections of the Municipal Code staff recommended to be revised are:

1. Section 8.40.020 Definitions

2. Section 8.40.030 Public Nuisances
Proposed Revisions to Sections 8.40.020 and 8.40.030:

Section 8.40.020 contains an alphabetical list of terms that are defined, as related to the Chapter

8.40 Public Nuisances. Currently there is no definition for “illegal dumping”. As the prevalence of illegal dumping has increased throughout the City of Visalia over time, a definition of illegal dumping would codify the act as a) a public nuisance, and b) a threat to health & safety.

Visalia City Council Page 1 of 3 Printed on 12/9/2024
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File #: 24-0464 Agenda Date: 12/16/2024 Agenda #: 1.

Proposed revisions to Section 8.40.020, as specified by underline & italics for additions.

To define “illegal dumping”, the following definition will be included in the appropriate alphabetical order of Section 8.40.020:
“Illegal dumping” means any placing, depositing or dumping, or otherwise causing to be placed, deposited, or dumped, in or upon a public highway or road, including any portion of the right-of-way thereof, into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner any of the following: waste, discarded putrescibles, garbage, rubbish, refuse, recyclable materials, hazardous substances, furniture or surplus material from another property, including home-based litter and refuse and/or business-related refuse, discarded materials, including but not limited to weeds, vegetation, tree trimmings, concrete, asphalt, or dirt”.

Section 8.40.030 Public Nuisances
This section lists ten categories of public nuisances, subsections A through K. This section will be revised to include subsection L as follows:

L. No person shall place, deposit or dump, or otherwise cause to be placed, deposited, or dumped, in or upon a public highway or road, including any portion of the right-of-way thereof, or upon which the public is admitted by easement or license, any of the following: waste, discarded putrescibles, garbage, rubbish, refuse, recyclable materials, hazardous substances, furniture or surplus material from another property, including home-based litter and refuse and/or business-related refuse, discarded materials, including but not limited to weeds, vegetation, tree trimmings, concrete, asphalt, or dirt.

1. Each day that any of these items remain placed, deposited, or dumped, in violation of subdivision (a) may be considered a separate violation. Violations may be charged as a criminal infraction, or alternatively, in its sole discretion, the city may take enforcement action pursuant to the administrative code procedures described in Chapters 1.12 and 1.13 of the Visalia Municipal Code. If the violation is charged as an administrative action, then the penalty for each violation shall be $1,000. City staff may, in lieu of the administrative penalty, accept community service removal of the waste items that have been dumped in the public right of way, such a program for community service in lieu of administrative penalties shall be reviewed and approved by the city manager or designee prior to implementation.

2. This section does not restrict a private owner in the use of their own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department or local fire department.

Fiscal Impact: None at this time.

Prior Council Action:

On October 7, 2024, the City Council directed staff to move forward with revising the Visalia Municipal Code Sections 8.40.020 Definitions, and 8.40.030 Public Nuisances.

Other: N/A
Alternatives: The City Council may, in lieu of the recommended motion, choose to not adopt the Visalia City Council Page 2 of 3 Printed on 12/9/2024
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File #: 24-0464 Agenda Date: 12/16/2024 Agenda #: 1.
proposed updates to Sections 8.40.020 and 8.40.030 as noted in the report and per the attached Ordinance No. 2024-14.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance 2024-14, amending Visalia Municipal Code Chapter

8.40, Section 8.40.020 Definitions and Section 8.40.030 Public Nuisances.

Environmental Assessment Status:

The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15061(b)(3) since there is no reasonable possibility that it would have a significant effect on the environment.

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

Attachments:

1. Ordinance No. 2024-14 amending Visalia Municipal Code Sections 8.40.020 and

8.40.030.

2. PowerPoint Presentation
Visalia City Council Page 3 of 3 Printed on 12/9/2024
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ORDINANCE NO. 2024-14

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING SECTIONS 8.40.020 AND 8.40.030 OF THE VISALIA MUNICIPAL CODE

REGULATING

PUBLIC NUISANCES

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City Council of the City of Visalia hereby makes the followings findings:

A. Illegal dumping in the public rights-of-way has become prevalent throughout the City.

B. Illegal dumping can include different types of trash and debris that can dangerous to the health of people in Visalia, can be considered offensive to the senses, and can obstruct in the use of property in a manner that interferes with the enjoyment of properties where the illegal dumping occurs and on nearby properties, it can affect at the same time an entire community or neighborhood.

C. Based on the potential impacts illegal dumping is hereby found to be a public nuisance.

D. Defining illegal dumping will allow enforcement efforts by City staff to have a greater impact by allowing specific penalties and procedures to be enforced so that this behavior can be dealt with and deterred for the benefit of persons within the City of Visalia.

SECTION 2. The Visalia City Council hereby approves the following language to be added to Visalia Municipal Code Chapter 8.40.020, which defines all terms under the Section

8.40 Nuisances, with the additional language specifically defining the term, “illegal dumping” identified with underline & italics:

8.40.020 Definitions.

For the purpose of this chapter the terms below shall mean the following:
“Abandoned,” in addition to those provisions provided by state codes, local ordinances and case law, shall mean and refer to any item which has ceased to be used for its designated purpose. The following factors will be considered in determining whether or not an item has been abandoned: present operability and functional utility, the date of last effective use, the condition of disrepair or damage, the last time effort was made to repair or rehabilitate the item, the status of registration or licensing of the item, the age and degree of obsolescence, the cost of rehabilitation of the item versus its market value, and the nature of the area and the location of the item.
471
“Abate” means to repair, replace, remove, demolish or otherwise remedy the condition in question by such means and in such manner and to such an extent as the Enforcement Officer in his/her judgment shall determine is necessary in the interest of the general health, safety, and welfare of the community. “Abatement standards” means those minimum requirements set forth by the enforcement officer by which premises shall be abated and maintained in order to comply with the provisions of this chapter.
“Administrative enforcement order” shall refer to the order issued by an enforcement officer determining that a violation of a municipal code section or other provision as set forth in 1.13.050 has occurred, and establishing the administrative penalty to be assessed, or setting forth the administrative abatement order to be imposed.
“Attractive nuisance” means any condition, instrument or machine which is unsafe, unprotected and may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove hazardous of dangerous to inquisitive minors.
“Camping” means the use of either a public park, a private or public street, or a vacant field, or place, none of which are intended for living accommodation purposes, as a temporary or permanent residence. Camping activities may be evidenced by the erecting of tents or any structure providing shelter; (including but not limited to trees, paper, metal, tarps, wood, shrubs, or bushes) sleeping with or without bedding, sleeping bag, blanket, mattress, tent, hammock, or other similar device; making preparations to sleep; storing personal belongings; starting or maintaining a fire; cooking; or preparing meals. Persons utilizing a vehicle as a mobile living unit must abide by Visalia Municipal Code Section 17.32.100. “Dismantled” means that from which essential equipment, parts or contents have been removed or stripped and the outward appearance verifies removal. “Enforcement officer” means that City Officer or employee as may be designated in writing by the City Manager to enforce property or premises maintenance, zoning and other City Code violations, as authorized by California Penal Code § 836.5.
“Illegal dumping” means any placing, depositing or dumping, or otherwise causing to be placed, deposited, or dumped, in or upon a public highway or road, including any portion of the right-of-way thereof, into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner any of the following:
waste, discarded putrescibles, garbage, rubbish, refuse, recyclable materials, hazardous substances, furniture or surplus material from another property, including home-based litter and refuse and/or business-related refuse, discarded materials, including but not limited to weeds, vegetation, tree trimmings, concrete, asphalt, or dirt”. 472
“Inoperative” means incapable of functioning or producing activity for mechanical or other reasons.
“Lienholder” means any person, as defined in this Chapter, who has a recorded interest in real property, including mortgagee, beneficiary under a deed of trust, or holder of other recorded liens or claims of interest in real property. “Nuisance” means any public nuisance known at common law or in equity jurisprudence.
“Owner” means the registered owner of a vehicle, the person(s) to whom property tax is assessed on real or personal property, as shown on the last equalized assessment roll of the County, renter(s), lessor(s) and other occupants residing permanently or temporarily on property.
“Person” means individual, partnership, joint venture, corporation, association, social club, fraternal organization, trust, estate, receiver, or any other entity. “Premises” means all property, lots, parcels or real estate, portion of any land, whether improved or unimproved, occupied or unoccupied, including adjacent or associated sidewalks, parking strips, the abutting half of any street or alley between lot lines, buildings, structures, landscaping, plantings, trees, bushes, fences, and the exterior storage of personal property, equipment, supplies and vehicles.
“Property” means any real property including but not limited to land, lot, or parcel of land, and any improvements located thereon, held by any owner, and shall include any alley, sidewalk, parkway or unimproved public easement abutting such real property, lot or parcel of land.
“Responsible party” shall refer to any natural person, the parent or legal guardian of any person under the age of eighteen (18) years, trust, estate, receiver, cooperative, partnership, corporation, association, business, joint venture, limited liability company, any government agency that is not statutorily exempt, or any other entity, who has done any act for which an administrative enforcement order may be imposed.
“Structure” means anything constructed, built or planted upon, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which structure requires location on the ground or is attached to something having a location on the ground, including fences, gates, garages, carports, swimming and wading pools, patios, outdoor areas, paved areas, walks, tennis courts and similar recreation areas. “Wrecked” means that which has outward manifestation or appearance of damage to parts and contents which are essential to operation.

SECTION 3. The Visalia City Council hereby approves the following additional language be added to Visalia Municipal Code Chapter 8.40.030, which declares certain violations as public nuisances, specifically adding subsection (L) defining when illegal dumping will be considered as a public nuisance, identified below in underline & italics:
473

8.40.030 Public Nuisances.

It is hereby declared to be a public nuisance and a violation of this Chapter for an owner or other person in control of said property or premises to keep or maintain property, premises or rights-of-way in such a manner that any of the following conditions exist:

A. Abandoned, dismantled, wrecked, inoperable, unlicensed, and discarded objects, equipment or appliances such as, but not limited to vehicles, boats, water heaters, refrigerators, furniture which is not designed for outdoor use, household fixtures, machinery, equipment, cans or containers standing or stored on property or sidewalks or streets which can be viewed from a public street or walkway, alley or other public property which items are readily accessible from such places, or which are stored on private property in violation of any other law or ordinance;
B. Discarded putrescibles, garbage, rubbish, refuse, or recycled items which have not been recycled within thirty (30) days of being deposited on the property which are determined by an enforcement officer to constitute a fire hazard or to be detrimental to human life, health or safety;
C. Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides or waste (solid, liquid or gaseous) which is determined by a enforcement officer to constitute a fire or environmental hazard, or to be detrimental to human life, health or safety;
D. Lumber (excluding lumber for a construction project on the property with a valid permit), salvage materials, including but not limited to auto parts, scrap metals, tires, other materials stored on premises in excess of seventy-two (72) hours and visible from a public street, walkway, alley or other public property;
E. Receptacles for discarded materials and recyclables which are left in the front yard following the day of the regularly scheduled refuse pick-up for the property; F. Swimming pool, pond, spa, or other body of water, or excavation which is abandoned, unattended, unsanitary, empty, which is not securely fenced, or which is determined by the enforcement officer to be detrimental to life, health or safety; G. Any premises which detrimentally impacts the surrounding neighborhood because of dilapidation, deterioration or decay or is unsafe for the purpose for which it is being used or is not secured or is improperly secured;
H. Any premise or property in a condition which is in fact a fire hazard or which results or can result in the impairment of the ability of the department of fire and emergency management to respond to and suppress fires; and,
I. Any condition on a property which meets the following requirements:

1. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life and property; and

2. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
474
J. Camping in areas not specifically designated for such use or not specifically authorized by a public agency. Camping on private property shall be permissible only in the rear yard of an existing single family residence in a residential zone for a period not to exceed two consecutive days and there is written permission from the property owner.

K. It is hereby declared to be a public nuisance for any person to place, deposit, or permit to be deposited in any unsanitary manner, upon public or private property within the city, or in an area under jurisdiction of said city, any human feces or to urinate in public.

Violators of this provision are subject to administrative citation or being punished as authorized by this chapter for maintaining a public nuisance.

L. No person shall place, deposit or dump, or otherwise cause to be placed, deposited, or dumped, in or upon a public highway or road, including any portion of the right-of-way thereof, or upon which the public is admitted by easement or license, any of the following:
waste, discarded putrescibles, garbage, rubbish, refuse, recyclable materials, hazardous substances, furniture or surplus material from another property, including home-based litter and refuse and/or business-related refuse, discarded materials, including but not limited to weeds, vegetation, tree trimmings, concrete, asphalt, or dirt.

1.13 of the Visalia Municipal Code. If the violation is charged as an administrative action, then the penalty for each violation shall be $1,000. City staff may, in lieu of the administrative penalty, accept community service removal of the waste items that have been dumped in the public right of way, such a program for community service in lieu of administrative penalties shall be reviewed and approved by the city manager or designee prior to implementation.

SECTION 4. The City Council intends this Ordinance to supplement, not contradict applicable state law and this Ordinance shall be construed in light of that intent.

SECTION 5. 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 the Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby 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.
475
SECTION 6. This Ordinance shall take effect thirty days after its adoption.

SECTION 7. 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. 476

ILLEGAL

DUMPING

A PUBLIC

NUISANCE
477
• Increased illegal dumping of
trash & debris throughout
community has created a need
for the City to adapt and
respond.
• When not addressed, it
degrades the appearance of our
community’s image.
• Given this ongoing issue, the
City continues to seek ways to
deter individuals from illegally
dumping.

OVERVIEW
478
• The Visalia Municipal Code was in
need of a definition for the act of
illegal dumping. The approved
amendment accomplishes this.
• Illegal dumping is a public nuisance,
and the approved amendment
declares it.
• A specific fine of $1000 is established
to deter illegal dumping and hold
violators accountable.

OVERVIEW
479
• One effort to address this issue
is to amend portions of Chapter

8.40 “Nuisances”.
• A definition of “illegal dumping”
will be codified in Section

8.40.020.
• The approved definition is
commonly used in other
jurisdictions ordinances.

PROPOSED AMENDED

CHANGES TO VMC
480
• Additional amendment to this
section is to establish a fine for
illegal dumping.
• Penalty fee is currently
assessed per the “General
Penalty” under Section 1.12.
• A fine of $1,000 will be
established.
• This is accomplished under
Section 1.13.050(D) of the
municipal code.

AMENDMENTS
CONT.
481
• Illegal dumping is a Public
Nuisance.
• Creates visual blight & becomes a
community issue.
• Staff believes enforcement of the
increased penalty represents
clean up costs that should be an
available alternative utilized by
Code Enforcement.

CONCLUSION
482
• Move to introduce the first reading
of Ordinance No. 2024-14.

RECOMMENDATIO
N
483
Questions?
484
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0468 Agenda Date: 12/16/2024 Agenda #: 2.

Agenda Item Wording:

Ordinance Adoption - A Public Hearing and first reading of Ordinance No. 2024-13, a request by the City of Visalia to revise Visalia Municipal Code Chapter 10.16.050 Use of Streets for Storage Prohibited
Deadline for Action: 12/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Jesse Villegas, Code Enforcement Officer, (559) 713-4191, [email protected] <mailto:[email protected]>
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. 2024-13, amending Visalia Municipal Code Section 10.16.050.

Background Discussion:

During the October 7, 2024, City Council meeting, staff presented a work session item to City Council regarding enforcement concerns and issues related to the use of city streets for storage including personal vehicles, recreational vehicles, travel trailers, mobile homes, unattached trailers, boats trailers, and camper trailers in residential districts. The Visalia Municipal Code (VMC) Section

10.16.050 reads as follows:
“No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.” Over the past year, Code Enforcement and Visalia Police Department have received numerous complaints related to the storage of personal vehicles and the minimal movement of parked or standing vehicles located on the public street. These complaints tend to mostly consist of recreational vehicles, travel trailers, mobile homes, unattached trailers, boats trailers, and camper trailers. These vehicles/trailers have been found to impact city streets as the storage of these vehicles tends to impair traffic flow, obstruct line of sight visibility near intersections, crosswalks and for drivers backing their vehicles out driveways onto public streets. This has resulted in an increase in new open cases throughout the city for Code Enforcement and increased the number of calls for service for the Visalia Police Department.

During the work session presentation, city staff received comments from City Council regarding requiring a set number of days that recreational vehicles, travel trailers, mobile homes, unattached Visalia City Council Page 1 of 3 Printed on 12/10/2024
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File #: 24-0468 Agenda Date: 12/16/2024 Agenda #: 2.
requiring a set number of days that recreational vehicles, travel trailers, mobile homes, unattached trailers, boats trailers, and camper trailers could be parked on the city street, rather than having them moved a set number of feet after reaching the current 72-hour period of time.

Based on the information provided in the work session staff report, and comments received from City Council, staff has prepared revisions to VMC Section 10.16.050 for City Council’s consideration as noted below.

Proposed Revisions to Section 10.16.050:

Section 10.16.050 currently reads:

No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours. A “residence district” shall be determined as per California Vehicle Code, Division 1, Section 240 or Section 515, or as those districts or areas zoned as residential and indicated as such on the city zoning map, including low-medium, and high-density residential.

Proposed revisions to Section 10.16.050, as specified by underline & italics for additions:

New Section 10.16.050.A:

A. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours or move and re-park such vehicle on any street or alley within 1000 feet of the original parking site.

B. No person shall park or stand or permit to park any recreational vehicles or temporary recreational vehicles, travel trailers, mobile homes, unattached trailers, boat trailers, and camper trailers on any street or alley for more than six days in any twelve (12) month period.

C. Recreational vehicles, temporary recreational vehicles, travel trailers, mobile homes, unattached trailer, boat trailers, and camper trailers may be parked or stored with no time limits on a paved surface, on any side or rear yard of a property, and shall not impede the right of way.

Analysis:

City staff believes these changes will be beneficial as this will lessen the impact of city streets, allow smoother traffic flow, alleviate sight/visibility issues for pedestrians and drivers backing their vehicles out of driveways onto public streets, and define a distance requirement that vehicles/trailers on public streets would need to be moved in order to remain legally parked. As an example of how this ordinance update would be implemented, a vehicle (i.e., car or Truck) will be identified as being stored on the street if said vehicle meets the following criteria: vehicle is not visibly maintained and is covered in dust, dirt, cobwebs and can be proven not to have been moved within a 72-hour period.

Fiscal Impact:

N/A
Prior Council Action:

On October 7, 2024, Council received a presentation by staff seeking direction to make changes to Visalia Municipal Code 10.16.050 “Use of Streets for Storage of Vehicles Prohibited.” Visalia City Council Page 2 of 3 Printed on 12/10/2024
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File #: 24-0468 Agenda Date: 12/16/2024 Agenda #: 2.

Other: N/A
Alternatives:

The City Council may, in lieu of staff recommendation, choose to leave Section 10.16.050 of the VMC unchanged.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance No. 2024-13, amending Visalia Municipal Code Section 10.16.050 as provided in the attached ordinance.

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. The proposed ordinance will establish objective performance standards that regulate the parking of commercial vehicles in residential zones.

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. 2024-59) has been prepared for the project.

Attachments:

1. Ordinance No. 2024-13 - Amending Section 10.16.050 Use of Streets for Storage of Vehicles Prohibited.

2. PowerPoint Presentation

3. Notice of Exemption No. 2024-59
Visalia City Council Page 3 of 3 Printed on 12/10/2024
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ORDINANCE NO. 2024-13

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING SECTION 10.16.050 OF THE VISALIA MUNICIPAL CODE REGULATING

USE OF STREETS FOR STORAGE PROHIBITED

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City of Council of the City of Visalia hereby makes the followings findings:

A. Storage of personal vehicles (cars & trucks), recreational vehicles, travel trailers, mobile homes, unattached trailers, boats trailers, and camper trailers affect quality of life in residential districts by reducing the number of parking spaces along streets, and large vehicles parked along streets narrow driving areas, and impact visibility along streets for other drivers and pedestrians.

B. The current code does not elaborate the distance said vehicles/trailers should be moved. Due to the ambiguity of this requirement, owners can simply move their vehicle/trailer a couple of feet to come into compliance with the current code provision.

C. In order to make the limitations on the storage of such vehicles more effective the City Council hereby determines that it is necessary to set a specific distance that personal vehicles (cars & trucks) should be moved if stored or parked for a consecutive 72-hour period on a public street.

D. In addition, the City Council hereby determines that a specific number of days should be set for recreational vehicles, travel trailers, mobile homes, unattached trailers, boats trailers, and camper trailers to be stored or parked on the street in order for street parking spaces to be available for personal vehicles and to reduce the impacts of large vehicles parked on streets.

SECTION 2. The Visalia City Council hereby approves the following revision to Visalia Municipal Code Chapter 10.16.050, which regulates use of streets for storage of vehicles, recreational vehicles, travel trailers, mobile homes, unattached trailers, boats trailers, and camper trailers, in residential zones within the City of Visalia, as specified by underline & italics for additions and strikeout for deletions:

10.16.050 Use of Streets for Storage Prohibited
No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventytwo (72) hours. 488

10.16.050 Use of Streets for Storage Prohibited
A. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours or move and re-park such vehicle on any street or alley within 1000 feet of the original parking site.

SECTION 3. The City Council intends this Ordinance to supplement, not contradict applicable state law and this Ordinance shall be construed in light of that intent.

SECTION 4. 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 the Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby 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 5. This Ordinance shall take effect thirty days after its adoption.

SECTION 6. 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. 489

USE OF STREETS FOR STORAGE OF

VEHICLES PROHIBITED
V.M.C 10.16.050
490

MOST COMMON COMPLAINTS

RECEIVED
• These complaints tend to mostly consist of recreational vehicles, travel trailers, and camper trailers.
491

ISSUES CAUSED

BY EXCESSIVE
STORAGE • THESE VEHICLES/TRAILERS HAVE

BEEN FOUND TO IMPACT CITY

STREETS AS THE STORAGE OF

THESE VEHICLES TENDS TO

IMPAIR TRAFFIC FLOW,

OBSTRUCT LINE OF

SIGHT/VISIBILITY NEAR

INTERSECTIONS, CROSS WALKS

AND FOR DRIVERS BACKING

THEIR VEHCLES OUT OF

DRIVEWAYS ONTO PUBLIC
STREETS.
492

CURRENT MUNICIPAL CODE

10.16.050 USE OF STREETS FOR STORAGE

PROHIBITED
No person who owns or has possession, custody
or control of any vehicle shall park such vehicle
upon any street or alley for more than a
consecutive period of seventy-two (72) hours.
493

WHAT THE CURRENT CODE
LACKS

DOES NOT ELABORATE THE DISTANCE SAID VEHICLE/TRAILERS SHOULD BE MOVED.
(OWNER’S CAN SIMPLY MOVE THEIR VEHICLE/TRAILER A COUPLE OF FEET

TO COME INTO COMPLIANCE WITH CURRENT CODE PROVISIONS)
• DOES NOT REMEDY STORAGE ISSUE.
• CONTINUED IMPACT TO CITY STREETS.
• RESIDENTIAL NEIGHBORHOODS IMPACTED THE MOST.
• CONTINUED CALLS TO CITY STAFF.
494

CITY COUNCILS REQUESTED

CHANGES TO PROPOSED CODE
• LIMIT THE NUMBER OF DAYS VEHICLES, RV’S, TRAVEL
TRAILERS, CAMPER TRAILERS ETC. CAN BE STORED ON
THE STREET.
495

REVISED CODE
New Section 10.16.050A:

A. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours, or move and re-park such vehicle on any street or alley within 1000 feet of the original parking site.

EXPECTED RESULT WITH PROPOSED

CHANGES

LESSEN THE IMPACT OF CITY STREETS

ALLOW FOR SMOOTHER TRAFFIC FLOW

ALLEVIATE SIGHT /VISIBILITY FOR PEDESTRIANS AND DRIVERS

PROVIDES TEMPORARY RELIEF TO IMPACTED NEIGHBORHOODS
497
Staff recommends the Council
introduce Ordinance No. 2024-13
498
Environmental Document # 2024-59

NOTICE OF EXEMPTION
City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
(559) 713-4359
To: County Clerk
County of Tulare
County Civic Center
Visalia, CA 93291-4593
Visalia Municipal Code Section 10.16.050 Use of Streets for Storage Prohibited.

PROJECT TITLE
City Wide

PROJECT LOCATION
Visalia Tulare

PROJECT LOCATION - CITY COUNTY
Amendment to Municipal Code Section 10.16.050 by revising this section to prohibit the long-term storage of personal vehicles, recreational vehicles, travel trailers, mobile homes, unattached trailers, boats trailers, and camper trailers on local streets in residential districts DESCRIPTION - Nature, Purpose, & Beneficiaries of Project City of Visalia, Attn: Brandon Smith, 315 E. Acequia Avenue, Visalia CA 93291, (559) 713-4636, [email protected]

NAME OF LEAD AGENCY APPROVING PROJECT
City of Visalia, Attn: Jesse Villegas, Neighborhood Preservation, 315 E. Acequia Ave., Visalia CA 93291, (559) 713-4191, [email protected]

NAME AND ADDRESS OF APPLICANT CARRYING OUT PROJECT
N/A

NAME AND ADDRESS OF AGENT CARRYING OUT PROJECT
EXEMPT STATUS: (Check one)
Ministerial - Section 15183
Emergency Project - Section 15071
Categorical Exemption - State type and Section number:

Statutory Exemptions- State code number: 15061(b)(3)
Adoption of an ordinance amendment 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) 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.

REASON FOR PROJECT EXEMPTION
Brandon Smith, Principal Planner (559) 713-4636

CONTACT PERSON AREA CODE/PHONE
December 16, 2024
DATE Brandon Smith, AICP

ENVIRONMENTAL COORDINATOR
499
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0523 Agenda Date: 12/16/2024 Agenda #: 3.

Agenda Item Wording:

Ordinance Adoption - Public hearing and first reading of Ordinance No. 2024-17 to adopt Zoning Text Amendment No. 2024-05: A request by the City of Visalia to implement programs in the Housing Element of the General Plan pertaining to the Permit Streamlining Act, Accessory Dwelling Units, and the rezoning of certain sites within the Housing Element Sites Inventory to allow by-right development without discretionary action. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Status: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Code of Regulations Section 15061(b)(3).

Deadline for Action: 12/16/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Brandon Smith, Principal Planner, [email protected] <mailto:[email protected]>, (559) 713-4636;
Paul Bernal, Department Head / City Planner, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2024-17, to amend portions of Municipal Code Title 17 (Zoning Ordinance) as to implement programs contained in the City of Visalia 6th cycle 2023-2031 Housing Element pertaining to the Permit Streamlining Act, Accessory Dwelling Units, and the rezoning of certain sites within the Housing Element Sites Inventory to allow by-right development without discretionary action.

Background Discussion:

Zoning Text Amendment (ZTA) No. 2024-05 is a city-initiated request to implement three Zoning Ordinance text amendments that stem from last year’s adoption of the 6th cycle 2023-2031 Housing Element Update. The Housing Element was adopted by the City Council on December 18, 2023, and subsequently found by State Housing and Community Development (HCD) to be in full compliance with state Housing Element law. Following adoption, the Housing Element is implemented through a series of implementation programs.

The proposed ZTA represents the first series of changes being undertaken to help fulfill the intended outcomes or objectives of the Housing Element (in an effort to help remove or overcome constraints to housing development). Specifically, this ZTA responds to four implementation programs that the Element identified to be completed within approximately one year following adoption. The four implementation programs are:

Visalia City Council Page 1 of 8 Printed on 12/13/2024
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File #: 24-0523 Agenda Date: 12/16/2024 Agenda #: 3.

A1: Designate for Sufficient Land (Portion of Program 1.1) The City will allow development by-right pursuant to Government Code section 65583.2(c) when 20 percent or more of the units are affordable to lower income households on sites identified in Table 63 of the 6th cycle 2023-2031 Housing Element, which accommodate the lower income RHNA and were identified in past housing elements. Specifically, the City will allow affordable (usually by deed restriction) residential development by-right to the Low and Very Low income categories (serving households earning 80% and below the Area Median Income for Tulare County) on lower-income nonvacant sites identified in the 5th cycle housing element, and lower-income vacant sites identified on sites previously identified in both the 5th and 4th cycle housing elements. This update to the zoning ordinance is required to comply with this state mandated requirement.

A2: Annexations to Accommodate Future Housing Needs (Portion of Program 1.7) The City shall complete the annexation process for the annexation sites listed in Table 69 [staff note:

Table 69 was later renumbered as Table 70], with Tulare County and Tulare County Local Agency Formation Commission (LAFCO). In doing so, the City shall apply development standards, parceling at appropriate sizes (0.5 to 10 acres), and incentives to promote affordability. The annexations shall Visalia City Council Page 2 of 8 Printed on 12/13/2024
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File #: 24-0523 Agenda Date: 12/16/2024 Agenda #: 3.
at appropriate sizes (0.5 to 10 acres), and incentives to promote affordability. The annexations shall be completed in 2024 …
The City shall provide zoning in compliance with Government Code section 65583.2, subdivisions (h) and (i) on appropriate acreage within annexation sites included as lower income RHNA capacity (serving households earning 80% and below the Area Median Income for Tulare County), including portions of annexation sites 2 (Crandell/Belissa) and 5 (Carleton Acres). Zoning will permit owneroccupied and rental multifamily uses by-right (without discretionary approval) for developments in which 20 percent or more of the units are affordable to lower income households, allow for at least 20 dwelling units per acre, at least 16 dwelling units per site, require a minimum density of 20 units per acre and up to 100 percent residential floor area in mixed use zones and require that residential uses occupy at least 50 percent of the total floor area of a mixed use project. This update to the zoning ordinance is required to comply with this state mandated requirement.

B: Municipal Code Updates (Portion of Program 5.8)
To remove constraints to a variety of housing types and ensure compliance with State law, the City shall amend the municipal code to:
· Allow accessory dwelling units (ADUs) right in all zones allowing residential uses, in compliance with State law. The City will defer to State ADU and Junior ADU law until a compliant ADU Ordinance is adopted, which is anticipated to be introduced for the City Council’s first reading/public hearing at their December 16th meeting.

C: Permit Streamlining Act (Program 5.11)
The City shall adopt a policy to ensure compliance with the Permit Streamlining Act (Government Code § 65920 et seq.) and timing requirements of the California Environmental Quality Act (CEQA) (Public Resources Code (PRC) § 21000 et seq.). The policy shall specify:
· Who is responsible for making CEQA determinations of PRC 21080.1; · That the determination will be made within the timeframe permitted by PRC 21080.2; and
· That when the City determines a project is exempt from CEQA, the determination triggers the Permit Streamlining Act 60-day deadline under Gov. Code 65950(a)(5).

The amendments being completed under these programs are all being done only for the purpose of Visalia City Council Page 3 of 8 Printed on 12/13/2024
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File #: 24-0523 Agenda Date: 12/16/2024 Agenda #: 3.

The amendments being completed under these programs are all being done only for the purpose of bringing the City’s Ordinance into compliance with state law. These amendments do not implement changes that are in any way more restrictive or relaxed than existing state law and do not go above and beyond state law. Additionally, the City Council will need to adopt these changes or face penalties if the state determines that the City is not making changes to bring its Ordinance into compliance with state law, including the risk of having the City’s Housing Element fall out of compliance.

The four implementation programs are the only four programs which have a requirement to be completed within one year of the Housing Element Adoption. Additional ZTAs to implement remaining implementation programs will be implemented roughly each year through 2031 through one or more separate ZTA processes in each year. Each ZTA allows for the code changes to be vetted publicly through the public hearing process.

The entire Housing Element can be accessed at the following link:
<https://www.housevisalia.com/images/docs/VHEGP_HE_Compliant_2024-09-25.pdf> Project Analysis:

A1 and A2: Affordable residential development by-right on lower-income sites Among the many components of a jurisdiction’s Housing Element is the Sites Inventory which demonstrates that it contains enough land with appropriate zoning and development standards to accommodate its share of dwelling units for a variety of income categories, as determined by the Regional Housing Needs Allocation (RHNA). Recent state law, which took effect with this cycle of the Housing Element, has stated that under certain conditions, some sites that are inventoried to meet lower income capacity assumptions will be subject to by-right approval (i.e. no discretionary action or Conditional Use Permit) when a project includes housing developments with 20 percent or more of the units being affordable (usually by deed restriction) to the Low and Very Low income categories (serving households earning 80% and below of the Area Median Income for Tulare County).

Two implementation programs in the 6th Cycle Housing Element speak to different types of sites affected by the state law allowing for projects containing 20% or more of the units as affordable.

Program 1.1 addresses sites inventoried to meet lower income capacity that were listed in a previous Housing Element’s Sites Inventory but were not developed on. Specifically, nonvacant sites (i.e. sites to be redeveloped) identified in the 2015 housing element and vacant sites identified in the past two (2010 and 2015) housing elements. This is consistent with Government Code Section 65583.2(c) and (i). This amounts to 19 sites - nonvacant sites are zoned Downtown Mixed Use (DMU) or Commercial Mixed Use (CMU), and vacant sites are zoned R-M-3 (Multi-family Residential).

Program 1.7 addresses certain sites that were identified to be annexed in order to achieve the minimum counts for its sites inventory. Of the six annexations identified in Table 69 (later changed to Table 70) - all of which completed annexation in 2024 - two of the annexation sites included land inventoried for lower-income categories. These annexations are the Carleton Acres annexation (located at the northeast corner of Shirk Street and Riggin Avenue) and the Belissa-Crandall annexation (located at the west end of Riverway Avenue, west of Demaree Street), which amounts to two parcels. This is consistent with Government Code Section 65583.2(h) and (i). The Government Code states that in addition to a by-right use meeting a requirement of 20 percent or more of units being affordable, a project would also need to allow for at least 20 dwelling units per acre, have at least 16 dwelling units per site, require a minimum density of 20 units per acre, and in mixed use zones, have up to 100 percent residential floor area and require that residential uses occupy at least Visalia City Council Page 4 of 8 Printed on 12/13/2024
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File #: 24-0523 Agenda Date: 12/16/2024 Agenda #: 3.
zones, have up to 100 percent residential floor area and require that residential uses occupy at least 50 percent of the total floor area.

Proposal
For the purpose of choosing only selected sites / parcels to be developable by right subject to meeting criteria, the Zone Text Amendment will add a new overlay district entitled Designated Housing Element Sites (HE) Overlay as an Article and Section to Zoning Ordinance Chapter 17.06, Zone Classifications. The overlay contains a total of 19 mostly non-contiguous parcels (corresponding to the description above), as defined by a table in the Ordinance that for each site specifies its location, address if applicable, APN, zoning designation, and size in acres.

The new Section specifies that development which meet the state criteria, which include providing 20 percent or more of a project’s units affordable to lower-income households, shall be allowed only by first obtaining a Site Plan Review Permit and shall not require a Conditional Use Permit.

This will not preclude other housing developments without a minimum 20 percent of affordable units from developing on these properties. In such cases, the City’s standard determinations for permitted and conditionally-allowed uses in those zones in accordance with the underlying Zoning Ordinance Chapter will apply. The Zoning Ordinance would determine if the dwelling units and the number of units require a Conditional Use Permit.

B: ADUs By Right in Other Zones Allowing Residential Uses In recent years, the State has passed several laws to further encourage ADU development. Updates to State law included changes pertaining to the allowed size of ADUs, permitting ADUs by-right in at least some areas of a jurisdiction, and reduced parking requirements related to ADUs. These updates were among the last to be incorporated into the City’s Zoning Ordinance Update in 2017.

An implementation program in the previous Housing Element was responsible for updating the Zoning Ordinance to specify that ADUs were allowed by right in all residential and mixed use zones, and conditionally allowed in other zones since new and expansion of residential units is conditionally allowed in other zones. However, this change does not take into account locations in other zones where there are legally existing dwelling units. Whereas these locations shall allow ADUs by right in accordance with state law, the City’s Ordinance does not specify this. Therefore, Program 5.8 intends to make this clarification through this Zone Text Amendment.

Proposal
This ZTA makes multiple changes to the Zone Use Matrix’s line item for Accessory Dwelling Units as follows:
· It changes the use description from simply “Accessory Dwelling Units” to “Accessory Dwelling Units on a lot with an existing primary residence”. Based on this new description, the use is changed from conditionally allowed (‘C’) to permitted (‘P’) in all non-residential zones. · It also adds “Junior Accessory Dwelling Units” to the use description consistent with state law. · It changes the identified Chapter / Section from “17.12 Article 2” to “17.14” to be consistent with the new location of the City’s ADU Ordinance, which will be presented to the City Council at their December 16th meeting.

Visalia City Council Page 5 of 8 Printed on 12/13/2024
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C: Permit Streamlining Act
The Permit Streamlining Act (Government Code Section 65920, et seq.) was passed into state law many years ago to ensure that development projects are processed in a timely manner and are not unduly held up by local jurisdictions. While jurisdictions are required to comply with the Permit Streamlining Act in tandem with the California Environmental Quality Act (Public Resources Code Section 21000, et seq), the State Department of Housing and Community Development has requested that the City adopt a policy to ensure that it complies with these laws and provide clarity on a project’s CEQA determination.

Proposal
This ZTA will add a new Article and Sections to the City’s Zoning Ordinance Chapter 17.02, General Provisions, commencing with the Purpose in Section 17.02.190. This new City ordinance will be the City’s acknowledgement of entitlement projects processed under the Zoning Ordinance being done to in compliance with the Permit Streamlining Act and CEQA, together with their appropriate sections in state law (Section 17.02.200 and 210).

Section 17.02.220 describes the City’s own procedures for making the determination whether a project is complete and the appropriate follow-up with the project applicant. The code in part restates the state law that the City shall make determination and notify an applicant within 30 days of application submittal whether that application is complete or incomplete.

Section 17.02.230 then describes the City’s responsibility for a project that is determined to be complete to determine the required level of environmental review within the timeframe required by CEQA. Government Code Section 65950, et seq, specifies the periods for which a jurisdiction shall approve or disapprove an environmental review upon an application being determined as complete.

If a project application is determined to be exempt from CEQA, then the City is required to approve or disapprove the project within 60 days from its determination that the project is exempt.

As summarized above, the new Zoning Ordinance sections contain a focus more on the procedures for making a determination of project completeness, including the level and detail of required environmental review. The text makes direct reference to state code, which in turn will help reduce the need to make updates in the future if the state passes amendments to the law.

State of California Department of Housing and Community Development (HCD) To ensure jurisdictions that have received certification of their 6th Cycle Housing Element from HCD and are committing to making changes as defined in their Housing Element programs as required by Housing Element Law, HCD is e-mailing letters to obtain updates on the status and timeline of implementation of programs. The City of Visalia received a letter of inquiry from HCD on December 4, 2024 (see Exhibit “C”). The letter requests a response from the City regarding its progress on completing ordinance updates to implement Programs 1.1 (Designate Sufficient Land) and 1.7 (Annexations to Accommodate Future Housing Needs) to satisfy our RHNA allocation by December 31, 2024. HCD is requesting that the City provide an update on the status and timeline of implementation for Programs 1.1 and 1.7 by January 3, 2025. Staff is preparing a response letter to HCD informing them of our timeline and our efforts to have get these changes implemented, thereby bringing Visalia’s ordinance into compliance with state law and the programs as noted in the 6th Cycle Housing Element.

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File #: 24-0523 Agenda Date: 12/16/2024 Agenda #: 3.

Fiscal Impact:

None.

Prior Council Action: On December 18, 2023, the City Council voted to adopt the 6th Cycle 2023- 2031 Housing Element.

Planning Commission Review and Action: On December 9, 2024, the Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2024-05 as presented by staff. No public comment was received regarding the proposed changes to the ordinance.

Alternatives:

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

1. Deny the Zoning Text Amendment in whole or in part, or

2. Return the item to the Planning Commission for further consideration.

Recommended Motion (and Alternative Motions if expected):

I move to introduce for first reading Ordinance No. 2024-17 for Zone Text Amendment No. 2024-05.

Environmental Assessment Status:

The requested action is considered exempt under Section 15061(b)(3), Per 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) 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. The proposed text amendment will not have a significant effect on the environment.

CEQA Review:

Attachments:

1. Ordinance No. 2024-17 for Zoning Text Amendment No. 2024-05

2. Excerpts of Related Sections of State Law
· Government Code Section 65583.2 Subsections c, h, and i - Housing Elements · Government Code Section 65920 - Permit Streamlining Act th
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3. Complete Table of 6th Cycle Housing Element Implementation Programs

4. State HCD Letter of Inquiry, December 4, 2024
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ORDINANCE 2024-17
ORDINANCE NO. 2024-17

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2024-05,

A REQUEST BY THE CITY OF VISALIA TO IMPLEMENT PROGRAMS IN THE

HOUSING ELEMENT OF THE GENERAL PLAN PERTAINING TO THE PERMIT

STREAMLINING ACT, ACCESSORY DWELLING UNITS, AND THE REZONING OF

CERTAIN SITES WITHIN THE HOUSING ELEMENT SITES INVENTORY TO ALLOW BY RIGHT DEVELOPMENT WITHOUT DISCRETIONARY ACTION. THE

REGULATIONS WILL APPLY CITYWIDE TO PROPERTIES WITHIN THE CITY LIMITS OF THE CITY OF VISALIA.

WHEREAS, as required by California law, the City of Visalia has prepared an update (i.e., 6th Cycle Update) to its Housing Element to reflect the current Regional Housing Needs Allocation (RHNA) cycle of 2023-2031; and WHEREAS, one implementation program (i.e. 5.8) required by the California Department of Housing and Community Development for the 6th Cycle Update of the Housing Element is to adopt a text amendment to the Visalia Zoning Ordinance to clarify that accessory dwelling units (ADUs) are allowed by-right in all zones allowing residential uses; and
WHEREAS, one implementation program (i.e. 5.11) required by the California Department of Housing and Community Development for the 6th Cycle Update of the Housing Element is to adopt a text amendment to the Visalia Zoning Ordinance to adopt a policy to ensure compliance with the Permit Streamlining Act (Government Code § 65920 et seq.) and timing requirements of the California Environmental Quality Act (CEQA) (Public Resources Code (PRC) § 21000 et seq.); and WHEREAS, two additional implementation programs (i.e. 1.1 and 1.7) required by the California Department of Housing and Community Development for the 6th Cycle Update of the Housing Element is to adopt a text amendment to the Visalia Zoning Ordinance to clarify that certain housing sites identified in the current and prior versions of the Housing Element and certain annexation sites that are inventoried to meet lower income capacity assumptions are subject to by-right approval without discretionary action when the projects include housing developments with 20 percent or more of the units designated as affordable to lower-income households, consistent with Government Code Sections 65583.2(c), (h), and (i), and
508
ORDINANCE 2024-17
WHEREAS, said amendment pertaining to implementation programs 1.1 and 1.7 would add a new Overlay District entitled Designated Housing Element Sites (HE) Overlay as a new Article 2 and a new Section 17.06.060 to Chapter 17.06, Zone Classifications, and the certain sites to be contained in the Overlay District to be subject to by-right approval without discretionary action constitutes the following 21 properties:

Map_ID Location Site Address APN
Zoning
Designation Acres
Lower Income Household sites identified on current & past versions of Site Inventories (Program 1.1)
104 S Demaree St, West side S of
Noble Ave
087090035 R-M-3 1.35
106 S Santa Fe St & E Paradise
Ave, SWC
097272032 R-M-3 1.46
111 E Goshen Ave & Virmargo St,
SEC
2505 E Goshen Ave 098060027 R-M-3 0.50
112 Goshen Ave & Virmargo St,
SEC
2541 E Goshen Ave 098060038 R-M-3 1.00
113 Goshen Ave & Virmargo St,
SEC
098060043 R-M-3 3.15
114 Goshen Ave & Virmargo St,
SEC
2603 E Goshen Ave 098340042 R-M-3 9.68
115 E Tulare Ave & S Ben Maddox
Way, SWC
100390001 R-M-3 4.62
116 E Tulare Ave & S Ben Maddox
Way, SEC
1641 E Tulare Ave 100390002 R-M-3 3.81
132 N Santa Fe & E Grove Ave 094110013 CMU 2.00
133 500 E Race Ave 094100037 CMU 1.4
145 535 N Burke St 094250015 CMU 0.84
154 730 E Mineral King Ave 094222029 CMU 3.42
155 700 E Mineral King Ave Unit A 094222030 CMU 1.09
156 715 1/2 E Acequia Ave Unit A 094222019 CMU 1.14
157 721 E Acequia Ave 094222018 CMU 1.31
158 815 E Acequia Ave 094222006 CMU 0.65
159 940 E Main St 094201019 CMU 0.68
160 1040 E Main St 094201026 CMU 0.73
161 620 E Center Ave 094240029 CMU 0.86
Map_ID Location Entitlement APN
Zoning
Designation Acres
Lower Income Household sites identified on portions of Annexation Sites (Program 1.7) 2 N Demaree St & W River
Way Ave, NW Corner
Crandell / Belissa 077050018 R-M-3 43.19
5 N Shirk St & W Riggin Ave,
NE Corner
Carleton Acres 077100108 R-M-3 156.00
509
ORDINANCE 2024-17
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on December 9, 2024; and, WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and,
WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on December 16, 2024, and introduced said Ordinance for first reading on that date.

WHEREAS, the Planning Commission finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (common sense exemption), as the proposed zone text amendment will not in and of themselves have an effect on the environment, and that the affected sites will continue to allow for residential development consistent with the land use designations and the respective density ranges specified in the Visalia General Plan Land Use Element.

NOW, THEREFORE, BE IT RESOLVED that the project is exempt from further environmental review pursuant to CEQA Section 15061(b)(3).

BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the proposed Zone Text Amendment based on the following specific findings and evidence presented:

1. That the Zoning Text Amendment is consistent with the intent of the General Plan, Housing Element, and Zoning Ordinance and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, as described in the following Housing Element Policies:

Housing Element Policy 1.1 - The City will allow development by right pursuant to Government Code section 65583.2(c) when 20 percent or more of the units are affordable to lower income households on sites identified in Table 63, which accommodate the lower income RHNA and were identified in past housing elements. Specifically, the City will allow affordable residential development byright on lower-income nonvacant sites identified in the 5th cycle housing element, and lower-income vacant sites identified on sites previously identified in both the 5th and 4th cycle housing elements.

Housing Element Policy 1.7 - The City shall complete the annexation process for the annexation sites listed in Table 69, with Tulare County and Tulare County 510
ORDINANCE 2024-17
Local Agency Formation Commission (LAFCO). In doing so, the City shall apply development standards, parceling at appropriate sizes (0.5 to 10 acres), and incentives to promote affordability. The annexations shall be completed in 2024 …
The City shall provide zoning in compliance with Government Code section 65583.2, subdivisions (h) and (i) on appropriate acreage within annexation sites included as lower income RHNA capacity, including a portions of annexation sites 2 (Crandell/Belissa) and 5 (Carleton Acres). Zoning will permit owneroccupied and rental multifamily uses by-right (without discretionary approval) for developments in which 20 percent or more of the units are affordable to lower income households, allow for at least 20 dwelling units per acre, at least 16 dwelling units per site, require a minimum density of 20 units per acre and up to 100 percent residential floor area in mixed use zones and require that residential uses occupy at least 50 percent of the total floor area of a mixed use project.

Housing Element Policy 5.8
To remove constraints to a variety of housing types and ensure compliance with State law, the City shall amend the municipal code to:
 Allow accessory dwelling units (ADUs) by-right in all zones allowing residential uses, in compliance with State law. The City will defer to State ADU and Junior ADU law until a compliant ADU Ordinance is adopted.

Housing Element Policy 5.11
The City shall adopt a policy to ensure compliance with the Permit Streamlining Act (Government Code § 65920 et seq.) and timing requirements of the California Environmental Quality Act (CEQA) (Public Resources Code (PRC) § 21000 et seq.). The policy shall specify:
 Who is responsible for making CEQA determinations of PRC 21080.1;  That the determination will be made within the timeframe permitted by PRC 21080.2; and
 That when the City determines a project is exempt from CEQA, the determination triggers the Permit Streamlining Act 60-day deadline under Gov. Code 65950(a)(5).

2. That applying specified Zone Code standards to certain housing sites identified in the current and prior versions of the Housing Element and certain annexation sites that are inventoried to meet lower income capacity assumptions will encourage increased housing options, including but not limited to affordable housing, throughout the City, as endorsed through the City of Visalia 2020-2023 Housing Element Update (5th Cycle Four-Year Housing Element Update and 6th Cycle Housing Element Update). These standards are designed to promote and ensure compatibility with adjacent land uses.
511
ORDINANCE 2024-17

3. The Zone Text Amendment will not have a negative impact on the City’s housing stock, as the amendment will aid the development of sites listed on the City’s sites inventory list for Visalia’s Regional Housing Needs Allocation.

4. That the Zone Text Amendment is consistent, where applicable, with potions of State law, including but not limited to Government Code Section 65000 et. seq.

5. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption) as the proposed zone text amendment will not in and of themselves have an effect on the environment, and that the affected sites will continue to allow for residential development consistent with the land use designations and the respective density ranges specified in the Visalia General Plan Land Use Element.

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment No. 2024-05, is approved, as contained in Exhibits “A”, “B”, and “C” of this Ordinance.

Severability. 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 hereby 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.

Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Effective Date. This Ordinance shall take effect thirty days after its adoption.

Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 512
ORDINANCE 2024-17
Ordinance No. 2024-17
EXHIBIT ‘A’
Section 1. Chapter 17.06, Zone Classifications, of the Visalia Zoning Ordinance, is hereby amended to add a new Article and Section to be entitled Article 2. “Overlay Zones”, Section 17.06.060, “Designated Housing Element Sites (HE) Overlay”, to read as follows, as specified by italics & underline for additions:

Title 17 ZONING
Chapter 17.06, Zone Classifications
Article 1. General

17.06.010 Establishment of zone names.

17.06.020 Establishment of zones by map.

17.06.030 Division of the zoning map.

17.06.040 Uncertainty of zone boundaries.

17.06.050 Boundary changes because of annexation or right-of-way abandonment.

17.06.060 Designated Housing Element Sites (HE) Overlay Article 2. Overlay Zones

17.06.060 Designated Housing Element Sites (HE) Overlay A. Purpose. The purpose of the Designated Housing Element Sites (HE) overlay district is to establish the maximum density requirements and ministerial review rights for certain properties that are designated for lower income housing pursuant to California Housing Law as part of the City’s Housing Element, consistent with Government Code Sections 65583.2 (c), (h), and (i).

B. Designation of HE Overlay Sites. The HE Overlay is applied to the following parcels.

1. The following parcels have been identified in the 2007-2014, 2015-2023, and/or 2023-2031 Housing Elements as potential sites for lower income housing:
513
ORDINANCE 2024-17
Map_ID Location Site Address APN
Zoning
Designation Acres
Lower Income Household sites identified on current & past versions of Site Inventories (Program 1.1)
104 S Demaree St, West side S
of Noble Ave
087090035 R-M-3 1.35
106 S Santa Fe St & E Paradise
Ave, SWC
097272032 R-M-3 1.46
111 E Goshen Ave & Virmargo
St, SEC
2505 E Goshen Ave 098060027 R-M-3 0.50
112 Goshen Ave & Virmargo St,
SEC
2541 E Goshen Ave 098060038 R-M-3 1.00
113 Goshen Ave & Virmargo St,
SEC
098060043 R-M-3 3.15
114 Goshen Ave & Virmargo St,
SEC
2603 E Goshen Ave 098340042 R-M-3 9.68
115 E Tulare Ave & S Ben
Maddox Way, SWC
100390001 R-M-3 4.62
116 E Tulare Ave & S Ben
Maddox Way, SEC
1641 E Tulare Ave 100390002 R-M-3 3.81
132 N Santa Fe & E Grove Ave 094110013 CMU 2.00
133 500 E Race Ave 094100037 CMU 1.4
145 535 N Burke St 094250015 CMU 0.84
154 730 E Mineral King Ave 094222029 CMU 3.42
155 700 E Mineral King Ave Unit
A
094222030 CMU 1.09
156 715 1/2 E Acequia Ave Unit
A
094222019 CMU 1.14
157 721 E Acequia Ave 094222018 CMU 1.31
158 815 E Acequia Ave 094222006 CMU 0.65
159 940 E Main St 094201019 CMU 0.68
160 1040 E Main St 094201026 CMU 0.73
161 620 E Center Ave 094240029 CMU 0.86

2. The following parcels have been identified within annexation sites as potential sites for lower income housing:

Map_ID Location Entitlement APN
Zoning
Designation Acres
Lower Income Household sites identified on portions of Annexation Sites (Program 1.7) 2 N Demaree St & W River
Way Ave, NW Corner
Crandell / Belissa 077050018 R-M-3 43.19
5 N Shirk St & W Riggin Ave,
NE Corner
Carleton Acres 077100108 R-M-3 156.00
514
ORDINANCE 2024-17
C. Allowed Uses.

1. Permitted uses. Permitted uses on HE Overlay Sites are as indicated in the corresponding zone classification sections of the properties. (Visalia Municipal Code Sections 17.16.020 and 17.16.040 for the R-M-3 zoned properties and Visalia Municipal Code Sections 17.25.030 for the C-MU and D-MU zoned properties).

2. By-Right Approval for Lower Income Residential Projects. Development projects on properties in the HE Overlay and zoned R-M-3, C-MU, or D-MU zone classification that provide 20 percent or more of the units affordable to lowerincome households shall only be subject to a Site Plan Review Permit under Section 17.28.040. The site plan review staff shall declare their intention to allow the project to proceed upon making a finding that the project complies with Zoning Ordinance Section 17.28.040(B) and complies with all applicable objective provisions of the zoning ordinance, municipal code, general plan, and any applicable specific plans or city regulations/standards. No conditional use permit, as described in Zoning Ordinance Chapter 17.38, shall be required.

D. Development Standards.

1. The development standards for the properties in the HE Overlay are as indicated in the corresponding zone classification chapters of the properties. (Visalia Municipal Code Chapter 17.16 for the R-M-3 zoned properties and Visalia Municipal Code Chapter 17.19 for the C-MU and D-MU zoned properties).

2. For sites listed in Subsection B.1 of this Section as having been on one or more previous Housing Elements as potential sites for lower income housing, the use shall be allowed by-right (without discretionary approval) when 20 percent or more of the units in the corresponding zone are made affordable to lower income households.

3. For sites listed in Subsection B.2 of this Section as completing annexation during the 2023-2031 Housing Element cycle, owner-occupied and rental multifamily uses shall be allowed by-right (without discretionary approval) when 20 percent or more of the units in the corresponding zone are made affordable to lower income households, allow for at least 20 dwelling units per acre, at least 16 dwelling units per site, require a minimum density of 20 units per acre and up to 100 percent residential floor area in mixed use zones and require that residential uses occupy at least 50 percent of the total floor area of a mixed use project.

4. In no case shall the development standards, including those for height or lot coverage, allow for less than 20 dwelling units per acre on the properties designated HE Overlay when proposed for housing development with 20 percent or more of the units affordable to lower income households. 515
ORDINANCE 2024-17
Ordinance No. 2024-17
EXHIBIT ‘B’
Section 1. Section 17.25.030 Commercial, Office, and Industrial Zone Use Table of the Visalia Zoning Ordinance, is hereby amended as follows, as specified by italics & underline for additions and strikeout for deletions.

Section 17.25.030 Commercial, Office, and Industrial Zone Use Table D. [Table 17.25.030, Commercial, Mixed Use, Office, and Industrial Zones Use Matrix]
RESIDENTIAL (see also Residential Zones)
R36 Accessory Dwelling Units and
Junior Accessory Dwelling
Units on a lot with an existing
primary residence
C
P
C
P
C
P
C
P
C
P
C
P
C
P
C
P
C
P
C
P

17.12 Article 2

17.14 516
ORDINANCE 2024-17
Ordinance No. 2024-17
EXHIBIT ‘C’
Section 1. Chapter 17.02, Zone Classifications, of the Visalia Zoning Ordinance, is hereby amended to add a new Article and Sections to be entitled Article 3. “Adoption of Permit Streamlining Act regulations”, to read as follows, as specified by italics & underline for additions:

Title 17 ZONING
Chapter 17.02, General Provisions
Article 3. Adoption of Permit Streamlining Act regulations

17.02.190 Purpose.

The California Legislature has found and declared that there is a statewide need to ensure clear understanding of the specific requirements which must be met in connection with the approval of development projects and to expedite decisions on such projects.

It is the purpose of this article to specify that discretionary actions pursuant to Visalia Municipal Code Title 17 (“Zoning”) shall comply with Government Code Section 65920, et seq. (Permit Streamlining Act) and timing requirements associated with Public Resources Code Section 21000, et seq. (California Environmental Quality Act).

17.02.200 Definitions.

The definitions found in the Permit Streamlining Act and the California Environmental Quality Act shall apply to the terms contained in this article.

17.02.210 Applicability.
a. Discretionary actions pursuant to the Zoning code shall comply with Government Code Section 65920, et seq. (Permit Streamlining Act) as administered by and as amended from time to time by the California Legislature. b. Legislative actions taken pursuant to the Zoning code are not subject to the Permit Streamlining Act.
c. The Permit Streamlining Act applies to all discretionary development projects that are quasi-adjudicatory actions such as approvals of Use Permits, Tentative Subdivision Maps, and Variances. The Permit Streamlining Act does not apply to ministerial projects such as building permits, or to legislative or quasi-legislative projects such as rezoning requests, and General Plan Amendments. Ministerial projects proposed to be carried out or approved by the City are exempt from this article.

17.02.220 Determination of project completeness.
517
ORDINANCE 2024-17
a. After an application has been filed and appropriate fees have been paid, the application shall be examined by staff of the Planning Division and other appropriate City departments, to determine whether it contains all of the required information and is complete for the purposes of complying with Section 65943 of the Government Code.

No later than 30 days following the submittal of the application, the applicant shall be notified in writing whether the application is deemed by staff to be complete or incomplete. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons therefor and informed of the information still needed to make the application complete.
b. Upon written notification to the applicant, processing of an incomplete application may be terminated if no reasonable effort has been made by the applicant to complete the application for a period of six (6) months from the date of notification of incompleteness. All unused fees shall be refunded to the applicant. The City Planner on written request by the applicant showing good cause may grant an extension of this six (6) month period.
c. All discretionary projects shall be reviewed for consistency with the citywide General Plan text and Land Use maps. A project application not determined to be consistent with the General Plan shall be considered incomplete.

17.02.230 Determination of level of environmental review. a. After acceptance of a complete application, the Planning Division shall review the application in compliance with the California Environmental Quality Act (CEQA) and any adopted City CEQA guidelines.
b. The City shall determine the required level of environmental review (e.g., exemption, Negative Declaration) within the timeframe required by CEQA. c. One or more technical studies, paid for in advance by the applicant, may be required to supplement the City’s CEQA compliance review.
d. The determination of the level of environmental review shall be made within 30 days from the date on which an application for a project has been received and accepted as complete by the City. This period may be extended 15 days upon the consent of the City and the project applicant.
e. If the City determines that the project is not exempt from CEQA, then the City shall approve or disapprove the project within the periods specified by Government Code Section 65950, et seq.
f. If the City determines that the project is exempt from CEQA, then the City shall approve or disapprove the project within 60 days from the determination by the lead agency that the project is exempt from CEQA, as specified by Government Code Section 65950, et seq.

17.02.240 Interpretation.

If any portion of this article conflicts with the Permit Streamlining Act or other applicable state law, state law shall supersede this chapter. Any ambiguities in this article shall be interpreted as consistent with the Permit Streamlining Act. 518
Attachment 2 of Zone Text Amendment No. 2024-05
Excerpts of related sections of state law
Government Code - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66342]
( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 3. Local Planning [65100 - 65763]
( Chapter 3 repealed and added by Stats. 1965, Ch. 1880. ) ARTICLE 10.6. Housing Elements [65580 - 65589.11]
( Article 10.6 added by Stats. 1980, Ch. 1143. )
Government Code Section 65583.2.
(c) Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing. A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning pursuant to this subdivision shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing, and whether the inventory affirmatively furthers fair housing.
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(h) The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b).

At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed use if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project. (i) For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.

Government Code - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66342]
( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 4.5. Review and Approval of Development Projects [65920 - 65964.5] ( Chapter 4.5 added by Stats. 1977, Ch. 1200. )
ARTICLE 1. General Provisions [65920 - 65923.8]
( Article 1 added by Stats. 1977, Ch. 1200. )
65920.
(a) This chapter shall be known and may be cited as the Permit Streamlining Act. 520
(b) Notwithstanding any other provision of law, the provisions of this chapter shall apply to all public agencies to the extent specified in this chapter, except that the time limits specified in Division 2 (commencing with Section 66410) of Title 7 shall not be extended by operation of this chapter.
(c) Any action brought in the superior court relating to this chapter may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030). (Amended by Stats. 2010, Ch. 699, Sec. 22. (SB 894) Effective January 1, 2011.) 65921.

The Legislature finds and declares that there is a statewide need to ensure clear understanding of the specific requirements which must be met in connection with the approval of development projects and to expedite decisions on such projects. Consequently, the provisions of this chapter shall be applicable to all public agencies, including charter cities. (Added by Stats. 1977, Ch. 1200.)
65922.

The provisions of this chapter shall not apply to the following:
(a) Activities of the State Energy Resources Development and Conservation Commission established pursuant to Division 15 (commencing with Section 25000) of the Public Resources Code.
(b) Administrative appeals within a state or local agency or to a state or local agency. (Amended by Stats. 1982, Ch. 87, Sec. 2. Effective March 1, 1982.) 65922.1.

During a year declared by the State Water Resources Control Board or the Department of Water Resources to be a critically dry year, or during a drought emergency declared by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2, the time limits established by this chapter shall not apply to applications to appropriate water pursuant to Part 2 (commencing with Section 1200) of Division 2 of, to petitions for change pursuant to Chapter 10 (commencing with Section 1700) of Part 2 of Division 2 of, or to petitions for certification pursuant to Section 13160 of, the Water Code for projects involving the diversion or use of water. (Added by Stats. 1991, 1st Ex. Sess., Ch. 12, Sec. 1. Effective October 9, 1991.) 65923.8.

Any state agency which is the lead agency for a development project shall inform the applicant for a permit that the Governor’s Office of Business and Economic Development has been created to assist, and provide information to, developers relating to the permit approval process. (Amended by Stats. 2016, Ch. 78, Sec. 4. (AB 2605) Effective January 1, 2017.) 521
Public Resources Code - PRC
DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91]
( Division 13 added by Stats. 1970, Ch. 1433. )
CHAPTER 1. Policy [21000 - 21006]
( Chapter 1 added by Stats. 1970, Ch. 1433. )
21000.

The Legislature finds and declares as follows:
(a) The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern.
(b) It is necessary to provide a high-quality environment that at all times is healthful and pleasing to the senses and intellect of man.
(c) There is a need to understand the relationship between the maintenance of high-quality ecological systems and the general welfare of the people of the state, including their enjoyment of the natural resources of the state.
(d) The capacity of the environment is limited, and it is the intent of the Legislature that the government of the state take immediate steps to identify any critical thresholds for the health and safety of the people of the state and take all coordinated actions necessary to prevent such thresholds being reached.
(e) Every citizen has a responsibility to contribute to the preservation and enhancement of the environment.
(f) The interrelationship of policies and practices in the management of natural resources and waste disposal requires systematic and concerted efforts by public and private interests to enhance environmental quality and to control environmental pollution. (g) It is the intent of the Legislature that all agencies of the state government which regulate activities of private individuals, corporations, and public agencies which are found to affect the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian.
(Amended by Stats. 1979, Ch. 947.)
21001.

The Legislature further finds and declares that it is the policy of the state to:
(a) Develop and maintain a high-quality environment now and in the future, and take all action necessary to protect, rehabilitate, and enhance the environmental quality of the state. 522
(b) Take all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise.
(c) Prevent the elimination of fish or wildlife species due to man’s activities, insure that fish and wildlife populations do not drop below self-prepetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history.
(d) Ensure that the long-term protection of the environment, consistent with the provision of a decent home and suitable living environment for every Californian, shall be the guiding criterion in public decisions.
(e) Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations. (f) Require governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality.
(g) Require governmental agencies at all levels to consider qualitative factors as well as economic and technical factors and long-term benefits and costs, in addition to short-term benefits and costs and to consider alternatives to proposed actions affecting the environment. (Amended by Stats. 1979, Ch. 947.)
21001.1.

The Legislature further finds and declares that it is the policy of the state that projects to be carried out by public agencies be subject to the same level of review and consideration under this division as that of private projects required to be approved by public agencies. (Added by Stats. 1984, Ch. 1514, Sec. 1.)
21002.

The Legislature finds and declares that it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects, and that the procedures required by this division are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof. (Amended by Stats. 1980, Ch. 676, Sec. 277.)
21002.1.

In order to achieve the objectives set forth in Section 21002, the Legislature hereby finds and declares that the following policy shall apply to the use of environmental impact reports prepared pursuant to this division:
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(a) The purpose of an environmental impact report is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided.
(b) Each public agency shall mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so. (c) If economic, social, or other conditions make it infeasible to mitigate one or more significant effects on the environment of a project, the project may nonetheless be carried out or approved at the discretion of a public agency if the project is otherwise permissible under applicable laws and regulations.
(d) In applying the policies of subdivisions (b) and (c) to individual projects, the responsibility of the lead agency shall differ from that of a responsible agency. The lead agency shall be responsible for considering the effects, both individual and collective, of all activities involved in a project. A responsible agency shall be responsible for considering only the effects of those activities involved in a project which it is required by law to carry out or approve. This subdivision applies only to decisions by a public agency to carry out or approve a project and does not otherwise affect the scope of the comments that the public agency may wish to make pursuant to Section 21104 or 21153.
(e) To provide more meaningful public disclosure, reduce the time and cost required to prepare an environmental impact report, and focus on potentially significant effects on the environment of a proposed project, lead agencies shall, in accordance with Section 21100, focus the discussion in the environmental impact report on those potential effects on the environment of a proposed project which the lead agency has determined are or may be significant. Lead agencies may limit discussion on other effects to a brief explanation as to why those effects are not potentially significant.
(Amended by Stats. 1994, Ch. 1230, Sec. 1. Effective September 30, 1994.) 21003.

The Legislature further finds and declares that it is the policy of the state that:
(a) Local agencies integrate the requirements of this division with planning and environmental review procedures otherwise required by law or by local practice so that all those procedures, to the maximum feasible extent, run concurrently, rather than consecutively. (b) Documents prepared pursuant to this division be organized and written in a manner that will be meaningful and useful to decisionmakers and to the public. (c) Environmental impact reports omit unnecessary descriptions of projects and emphasize feasible mitigation measures and feasible alternatives to projects. (d) Information developed in individual environmental impact reports be incorporated into a data base which can be used to reduce delay and duplication in preparation of subsequent environmental impact reports.
(e) Information developed in environmental impact reports and negative declarations be incorporated into a data base which may be used to make subsequent or supplemental environmental determinations.
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(f) All persons and public agencies involved in the environmental review process be responsible for carrying out the process in the most efficient, expeditious manner in order to conserve the available financial, governmental, physical, and social resources with the objective that those resources may be better applied toward the mitigation of actual significant effects on the environment.
(Amended by Stats. 1993, Ch. 1130, Sec. 2. Effective January 1, 1994.) 21003.1.

The Legislature further finds and declares it is the policy of the state that:
(a) Comments from the public and public agencies on the environmental effects of a project shall be made to lead agencies as soon as possible in the review of environmental documents, including, but not limited to, draft environmental impact reports and negative declarations, in order to allow the lead agencies to identify, at the earliest possible time in the environmental review process, potential significant effects of a project, alternatives, and mitigation measures which would substantially reduce the effects.
(b) Information relevant to the significant effects of a project, alternatives, and mitigation measures which substantially reduce the effects shall be made available as soon as possible by lead agencies, other public agencies, and interested persons and organizations. (c) Nothing in subdivisions (a) or (b) reduces or otherwise limits public review or comment periods currently prescribed either by statute or in guidelines prepared and adopted pursuant to Section 21083 for environmental documents, including, but not limited to, draft environmental impact reports and negative declarations.
(Added by Stats. 1985, Ch. 85, Sec. 1.)
21004.

In mitigating or avoiding a significant effect of a project on the environment, a public agency may exercise only those express or implied powers provided by law other than this division. However, a public agency may use discretionary powers provided by such other law for the purpose of mitigating or avoiding a significant effect on the environment subject to the express or implied constraints or limitations that may be provided by law. (Added by Stats. 1982, Ch. 1438, Sec. 3.)
21005.
(a) The Legislature finds and declares that it is the policy of the state that noncompliance with the information disclosure provisions of this division which precludes relevant information from being presented to the public agency, or noncompliance with substantive requirements of this division, may constitute a prejudicial abuse of discretion within the meaning of Sections 21168 and 21168.5, regardless of whether a different outcome would have resulted if the public agency had complied with those provisions.
(b) It is the intent of the Legislature that, in undertaking judicial review pursuant to Sections 21168 and 21168.5, courts shall continue to follow the established principle that there is no presumption that error is prejudicial.
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(c) It is further the intent of the Legislature that any court, which finds, or, in the process of reviewing a previous court finding, finds, that a public agency has taken an action without compliance with this division, shall specifically address each of the alleged grounds for noncompliance.
(Amended by Stats. 1994, Ch. 1230, Sec. 2. Effective September 30, 1994.) 21006.

The Legislature finds and declares that this division is an integral part of any public agency’s decisionmaking process, including, but not limited to, the issuance of permits, licenses, certificates, or other entitlements required for activities undertaken pursuant to federal statutes containing specific waivers of sovereign immunity.
(Added by Stats. 1998, Ch. 272, Sec. 2. Effective January 1, 1999.) 526
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Ste. 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 4, 2024
Paul Bernal, Director
Community Development Department
City of Visalia
315 East Acequia Avenue
City of Visalia, CA 93291
RE: 6th Cycle Housing Element Update Rezone Requirements – Letter of Inquiry Dear Paul Bernal:

The purpose of this letter is to inquire about the status of the City of San Visalia’s (City) 6th Cycle Housing Element Implementation Program related to sites to accommodate the Regional Housing Needs Allocation (RHNA) pursuant to Government Code section 65585, subdivision (i). The California Department of Housing and Community Development (HCD) sent the City a letter on September 20, 2024, finding the City’s housing element in substantial compliance with Housing Element Law.1 This was based on, among other reasons, the City’s commitment to complete Programs 1.1 (Designate Sufficient Land) and 1.7 (Annexations to Accommodate Future Housing Needs) to rezone adequate sites to satisfy its RHNA shortfall by December 31, 2024. HCD requests that the City provide an update on the status and timeline of implementation for Programs 1.1 and 1.7 by January 3, 2025.

Rezoning Requirements
Pursuant to Government Code section 65588, subdivision (e)(4)(C) if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (December 31, 2023), then any rezoning to make sites available to accommodate the RHNA shall be completed no later than one year from the statutory deadline.
2 As the City did not adopt a compliant housing element within 120 days of the statutory deadline, Programs 1.1 and 1.7 must be completed no later than one year from the statutory deadline.

Consequences of Failure to Implement Programs 1.1 and 1.7 1 Gov. Code, § 65580 et seq.
2 Gov. Code, §§ 65583, subd. (c), 65583.2, subd. (c).
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Paul Bernal, Director

Page 2 ends

Visalia City CouncilDecember 16, 2024

Visalia City Council
December 16, 2024