Visalia City Council
January 21, 2025

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
City Council Chambers7:00 PMTuesday, January 21, 2025

ROLL CALL
CALL TO ORDER WORK SESSION - 4:30 PM (Unless otherwise noted)

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council and items listed on the Closed Session agenda. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS (as described)

1. Receive presentation from Nielsen, Merksamer, Parrinello, Gross & Leoni (NMPGL) on 2024 state legislative activity and a forecast of state legislative activity for 2025.
24-0538

2. Receive the Annual Comprehensive Financial Report for the City of Visalia for the 2023-24 fiscal year.
24-0547

3. Review and acceptance of the annual Measure T Independent accountants’ report on applying agreed-upon procedures for fiscal year ending 6/30/24.
24-0504

4. Review and acceptance of the Annual Measure N Independent accountants’ report on applying agreed-upon procedures for fiscal year ending 6/30/24.
24-0506
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

SPECIAL PRESENTATION / RECOGNITION

1 Visalia City Council Meeting Agenda - Final January 21, 2025

1. 2024 USATF National Junior Olympic Cross Country
Championships
24-0569

2. 2024 TCAG Local Motion Awards
· Outstanding Transportation Beautification Project
o Houston Ave Roundabout Landscaping - Project
Manager Cody McLaughlin
· Innovative & Sustainable Transportation Project
o County Center Street Rehabilitation with Class IV
Bike Lanes - Project Manager Diego Corvera
24-0542

PUBLIC COMMENTS
This is the time for general public comment on issues within the jurisdiction of the Visalia City Council. Each speaker tonight may speak for up to 3 minutes during this general comment period on a matter that is not on this agenda.

The public may also make one comment for up to 3 minutes prior to the consideration of the Consent Calendar, and immediately before any regular agenda item is heard. The Council asks that you keep you comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.

Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

ITEMS OF INTEREST

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion.

This is the time for members of the public to provide public comment on an item on the Consent Calendar. Comments will not be taken individually by the public if an item is pulled by a Council Member. Each speaker is allowed up to 3 minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling you name and providing your city of residence.

1. Authorization to read ordinances by title only. 24-0125

2. Authorize the City Manager to sign a contract with Gold Coast K-9 - Authorize the City Manager to approve a five-year service contract with Gold Coast K-9 located in Ventura, CA in the amount of $90,000 and appropriate $27,000 from the General Fund. 24-0387

3. Fiscal Year 2025-26 Federal Congressional Community Project Funding Requests - Approve the submittal of federal
Congressional Community Project Funding requests for the upcoming 2025-26 Fiscal Year.
24-0462

2 Visalia City Council Meeting Agenda - Final January 21, 2025

4. Authorize an Amendment and Extension to Airport Concession Agreement - Authorize the City Manager to execute an
amendment and extension to the Airport Concession Agreement between the City of Visalia and the Enterprise Rent-a-Car Company for its location at the Visalia Municipal Airport. 24-0487

5. Adoption of the 2024 Title VI Program for Visalia Transit - Adopt the 2024 Title VI Program to maintain compliance with United States Department of Transportation anti-discrimination regulation including approval of Resolution No. 2025-01 and authorize the City Manager to sign on behalf of Visalia Transit. 24-0551

6. Authorization to accept and appropriate $64,311 for the 2024 Edward Byrne Memorial Justice Assistance Grant Program through the Bureau Justice Assistance and approve the Memorandum of Understanding with Tulare County for the Visalia Police Department 2024 JAG Joint Purchase Program.
24-0559

7. Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-13 approving the revision to Visalia Municipal Code Chapter 10.16.050, which prohibits the storage of vehicles on city streets, in residential zones within the City of Visalia, citywide. 24-0560

8. Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-14 approving the amendments to Visalia Municipal Code Chapter 8.40.020, which lists definitions of this chapter, and Chapter 8.40.030, which declares certain acts and conditions as public nuisances.
24-0561

9. Authorization to Apply for the STEP Grant - Authorize the Visalia Police Department to apply for the Selective Traffic Enforcement Program (STEP) for FY 2025-26 Grant for an estimated amount of $260,000 and submit the application by the January 31, 2025, deadline.
24-0567

10. Authorization to Apply for the CHP Cannabis Tax Fund Grant - Authorize the Visalia Police Department to apply for the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program for up to $98,000 and submit the application by the February 23, 2025, deadline
24-0572

3 Visalia City Council Meeting Agenda - Final January 21, 2025

11. Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-17 pertaining to the approval of 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). 24-0575

12. Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-15 pertaining to the approval of Zoning Text Amendment No. 2024-03: A request by the City of Visalia to add to and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Assessment Status: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17. 24-0576

13. Ordinance Adoption to Authorize an Airport Lease Agreement - Second reading and adoption of Ordinance No. 2024-18 to authorize the City Manager to execute an Airport Lease Agreement between the City of Visalia and Air Methods, LLC for its location at the Visalia Municipal Airport Administration Building.
24-0577

14. Youth Non-Profit Grant Awards - Review and Approval of the Citizens Advisory Committee and Staff recommendations for the 2025 Youth Non-Profit Grant Awards.
24-0582

15. Approve recommendation from Mayor Brett Taylor regarding appointments of individuals to represent the Visalia City Council on various boards and committees.
24-0588

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

1. Ordinance Adoption - A Public Hearing and Introduction of the first reading of Ordinance No. 2024-12 for Zoning Text Amendment No. 2024-04: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals, Citywide.
24-0574

4 Visalia City Council Meeting Agenda - Final January 21, 2025

2. Ordinance Adoption - First reading and public hearing for Ordinance No. 2025-01 for Zoning Text Amendment No. 2024-02, a request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning) based on multiple factors including, but not limited to: streamlining of land use review and changes in business and/or development trends and activity, citywide.
24-0553

3. Appeal of Planning Commission Action - A Public Hearing to consider an appeal of the Planning Commission’s denial of Conditional Use Permit No. 2024-29, which was a request to amend the hours of operation for the Jack in the Box drive-thru facility to 24-hours located at 1145 South Lovers Lane, in the Neighborhood Commercial zone.
24-0558

CLOSED SESSION REPORT

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

Buyer: City of Visalia
Seller: Visalia Unified School District, a California School District APN: 124-010-015 (previously 126-130-031) (portion)
Purpose: Right of Way Easement
Brief Description: Caldwell Improvement Project Santa Fe to Lovers Lane
Price: $101,000.00
Closing Date: 12/18/2024
Closed Session Council Date: 10/7/2024
Project Manager: Eric Bons
24-0568

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

5 Visalia City Council Meeting Agenda - Final January 21, 2025

1. Upcoming City Council Meetings
Monday, February 3, 2025 @ 7:00 p.m. at 707 W. Acequia
Tuesday, February 18, 2025 @ 7:00 p.m. at 707 W. Acequia Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.

Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
24-0377

6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0538 Agenda Date: 1/21/2025 Agenda #: 1.

Agenda Item Wording:

Receive presentation from Nielsen, Merksamer, Parrinello, Gross & Leoni (NMPGL) on 2024 state legislative activity and a forecast of state legislative activity for 2025.

Deadline for Action: 1/21/2025
Submitting Department: Community Development
Contact Name and Phone Number: Devon Jones, 713-4190
Department Recommendation:

Receive presentation from Nielsen, Merksamer, Parrinello, Gross & Leoni (NMPGL) and provide NMPGL and city staff any input on state legislative priorities or concerns to be mindful of for 2025.

Background Discussion:

Nielsen, Merksamer, Parrinello, Gross & Leoni LLP (NMPGL) is the current service provider for state lobbying services. NMPGL has represented the City of Visalia for state lobbying services since July of 2011. John Moffatt has been the City’s lead lobbyist since that time and along with Michelle Rubalcava, Senior Counsel at NMPGL, will provide an overview of state legislative activity for the 2024 session, expectations for the 2025 session, and some of the strategies their firm employs as state legislative advocate for the City. Not presenting, but also active members of the City’s lobbyist team at NMPGL are Andrew Langley, Manager of Research for Legislation and Public Policy and Geoff Neill, Senior Legislative Advocate. The team at NMPGL are consistently responsive to City issues, up to date on legislation as it moves through various committees to the Assembly and Senate and are well informed of state legislative matters that may be of interest to the City.

Mr. Moffatt and Ms. Rubalcava come annually to present to Council. At this time, we are seeking any input the Council may have on state legislative matters to be mindful of for the coming year. Along those lines, attached is the current State Legislative Platform that was approved by Council on January 18, 2022. This state platform is a guiding document that outlines proposed positions the City may take on a broad array of state legislative items that has been crafted based on previous stances on legislation and direction from City Council and city staff. The platform identifies positions of support, opposition, and continued monitoring on a variety of issues of importance to city leaders and staff. Upon approval of the platform, the mayor may sign letters to legislators or appropriate agencies advocating the city’s position as stated in the platform, and Council Members and/or staff may use the platform to discuss the city’s position with interested parties. Staff is planning to present an updated Platform for approval by Council at a future Council meeting. If Council has any edit or addition recommendations, discussing those interests during the work session would be appropriate.

The current contract with NMPGL was approved by Council on November 15, 2021 and it is an Visalia City Council Printed on 1/17/2025Page 1 of 2
powered by Legistar™
7 File #: 24-0538 Agenda Date: 1/21/2025 Agenda #: 1.
annual service contract with up to four additional one-year extension options. The service cost represents a status quo extension of the prior contract amount ($7,000 monthly plus an estimated monthly hourly expense of $200 for separate lobbying activity reporting required by the state).

NMPGL is currently in their third annual extension option term.

Fiscal Impact:

This is an existing, budgeted contract with twelve months of service at a monthly fee of $7,000 plus an estimated hourly expense of $200 each month (for separate lobbying activity reporting service) along with any travel related expenses for pre-approved trips to the City of Visalia.

Prior Council Action: 11.15.21 - authorized new service contract with NMPGL for state legislative advocacy services and included up to four additional one-year extension options.

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

No formal action required.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: NMPGL City of Visalia - 2024 session review ppt, current State Legislative Platform, NMPGL extension letter
Visalia City Council Printed on 1/17/2025Page 2 of 2
powered by Legistar™
8 December 23, 2024

Ms. Leslie Caviglia, City Manager
City of Visalia
707 West Acequia Ave.

Visalia, CA 93291

Ms. Caviglia:

Nielsen Merksamer Parrinello Gross & Leoni LLP (Nielsen Merksamer) has been honored to work with the City of Visalia over the past several years. We appreciate your recent extension of our contract and look forward to working with you in 2025.

We have truly enjoyed working with the Council, you and Devon over the course of the past several years, including in 2024 where we accomplished the following:

• Strengthened the city’s presence and influence in Sacramento by establishing relationships and coalitions with the city’s partners, like CalCities, to lobby for and against bills.
• Met with Visalia’s elected state officials in Sacramento regarding issues of importance to the city.
• Updated the city’s legislative platform to guide city positions on bills and expedite our response to legislation introduced in each legislative session. • Tracked hundreds of introduced and amended bills and working with city staff to establish an annual list of priority bills for lobbying. • Lobbied bills dealing with a range of issues including warehouse siting reform, planning and zoning of truck routes, filling vacancies of local public employees, enforcement of local housing elements, homelessness, law enforcement issues, workers compensation issues and protection of local government control.
• Reviewed the annual state budget and May Revise for proposals that could negatively impact the city and engaged in budget discussions to attempt to secure funds for the city.

9 We look forward to focusing on a number of important items for the City in the coming year, including, but not limited to:

• Protecting local government funding and programs, even though the estimated deficit for the budget is only $2B, there is concern this number will grow.
• Engaging on behalf of the City on legislation addressing the “affordability crisis” in California.
• Continuing to pursue funding and policies to address water supply and SGMA implementation.
• Pushing back on continued legislation that promotes housing development at the expense of local control.
• Supporting and promoting policies that benefit the Industrial Park and increase job opportunities in the state.
• Engaging on legislation that assist local government in addressing local homelessness, housing and zero-emission fleet vehicles. • Any other issues as directed by Council and city staff.

Once again, thank you for giving us the opportunity to represent the City of Visalia in Sacramento. We look forward to continuing our work together.

Sincerely,

John J. Moffatt Michelle Rubalcava

10 CITY OF VISALIA
2022 STATE LEGISLATIVE PLATFORM
The Legislative Platform sets forth the City’s goals and priorities for the 2022 State Legislative Year. It includes policy statements that provide direction to staff and the City’s Legislative Advocates during the year and sets forth recommendations on positions the City may take on a variety of issues that could be addressed in the upcoming legislative s ession. Guided by the Platform, staff can effectively respond to new legislation in a timely manner. It allows the Mayor, City Council or the City Manager to send letters to the Legislature with positions consistent with the Platform. The Platform also provides a vehicle for summarizing the City Council’s position on priority issues without precluding the consideration of additional legislative and budget issues that arise during the legislative session.

GENERAL PRINCIPLES

Support legislation that provides governmental decision making at the local level where it provides the most effective, efficient results.

Support reforms in the State-local fiscal relationship that will improve the City’s ability to finance and efficiently administer both mandated and discretionary services while opposing legislation that creates mandates without State funding sources to carry them out.

Support legislation to preserve and build the City’s job base and to improve the regulatory climate for private enterprise and infrastructure development.

Support State investment in local infrastructure; tax and financial incentives that will encourage the sustainability and growth of new and existing businesses in the City.

Support public safety measures, including funding programs, designed to enhance the City’s efforts to protect its citizenry.

LOCAL CONTROL

Support legislation that promotes local land use authority and that authorizes and incentivizes, but does not mandate, the formation of regional alliances.

Oppose legislation that withholds local transportation funds, or funds of any kind, in lieu of complying with any State mandates.

Support a flexible approach to addressing climate change that uses fiscal and other incentives to meet technically achievable and practical goals in reducing emissions.

Support reforms that simplify, consolidate, standardize, reduce or eliminate data-gathering and reporting requirements imposed on cities.

Oppose legislation that proposes restrictions on the city’s ability to address the issue of homelessness within our community.

Support legislation that provides additional state funding and other resources for the city to address the issue of homelessness within our community.

Oppose legislation that would require prevailing wage on additional projects not already subject to prevailing wage.
811

PUBLIC WORKS & TRANSPORTATION

Support legislation pertaining to the Americans’ with Disabilities Act (ADA) in California, particularly as it relates to requirements for ADA improvements and provides an “opportunity to cure” before litigation may be initiated.

Support legislation that provides distribution of necessary State funding for road, highway and public transit projects at the city’s discretion.

Support legislation that provides additional new funding for both road maintenance and capacity increasing projects and is funded by a variety of state funding sources including, but not limited to, the state General Fund and funds from the Greenhouse Gas Emissions Reduction Fund.

Oppose legislation that shifts taxation from fuel sales taxes, constitutionally guaranteed for local transportation, to excise taxes, which are not similarly protected.

Support the maintenance of the State Public Transportation Account and Proposition 1B allocations specifically intended for Transit.

Monitor legislation and other proposals that could impact the planning, funding and development of the High Speed Rail in California, and specifically a Kings-Tulare station conveniently accessible to Visalia residents.

Support full funding for the State Aeronautics Division of the California Department of Transportation to ensure that there is the aeronautical infr astructure statewide to support economic development, especially in jurisdictions where general aviation access can be an economic stimulus.

Support State appropriations or bond measures that develop alternative fuel infrastructure on Highways 5 and 99 through the Central Valley such as LNG for heavy trucks, CNG, and BEV charging stations.

Support State appropriations to fund programs to expand facilities for storing, banking, replenishing, conveying, distributing, conserving, and reclaiming water, and for flood control and storm water management.

Monitor and oppose legislation and/or regulations that create undue burdens or costs on groundwater recharge with recycled wastewater.

Support legislation that improves efficiencies in the California Public Utilities Commission’s processes.

Support legislation that allows the sharing of water use information between public and private entities in an effort to comply with the State Water Resources Control Board’s mandatory conservation target for the City of Visalia.

PUBLIC SAFETY

Support programs, funding and legislation designed to enhance local and regional efforts to maintain public safety, including gang prevention and suppression.

Support State funding for staff training and equipment in Fire Safety.

Support funding for regional coverage by the City’s Type 1 Regional Haz-Mat team.

912

Support additional funding for Central Valley counties for AB 109 prison realignment purposes.

Monitor legislation regarding police use of force and mandated body cameras for police officers.

Monitor legislation that amends or attempts to remedy increasing crime rates that have resulted from the passage and implementation of Proposition 47.

Monitor the ongoing implementation of the Control, Regulate and Tax Adult Use of Marijuana Act of 2016.

FINANCE

Support legislation that would stabilize funding for the State’s pension programs.

Support State legislation which facilitates the local collective bargaining process and the City’s ability to fairly manage and compensate its employees.

Support legislation to provide greater authority to generate local revenues for discretionary services and to protect local revenue streams against State budgetary incursions.

Monitor the enactment of Workers’ Compensation reforms to ensure lower costs and increased effectiveness for employers and equitable benefits to employees.

Monitor legislation that would broaden the sales tax base, eliminate sales tax exemptions or reconfigure the sales tax system with the intent to consider the comprehensive impacts before taking a position.

Oppose legislation that would result in the reduction of local share of taxes with the primary focus of the legislation being a state issue or statewide program.

COMMUNITY DEVELOPMENT

Support funding and incentives that promote smart growth and sustainable development at the discretion of the City.

Support legislation that creates clear, fair and equitable emission reduction goals that can be realistically achieved and do not infringe on local government land use authority.

Oppose legislation that eliminates local decision making authority on the use and disposition of carbon credits earned by the city.

Monitor legislation that requires carbon credit offsets for future development within cities like Visalia.

Support legislation that clarifies and simplifies state requirements for local General Plans.

Support legislation and grants that promote the development and funding of affordable, sustainable, and accessible housing within the City.

Support legislative efforts to establish an affordable housing program exclusively for cities, housing authorities and non-profit organizations to acquire existing multi-family dwellings to rehabilitate and create affordable units for qualifying families.

Support legislative efforts to increase the amount of state funding available for local affordable housing 1013

projects.

Support legislation that establishes new neighborhood revitalization programs, appropriately focused on affordable housing, and the elimination of urban blight.

Oppose legislation that reduces or dilutes local government controls over land use decision making.

Oppose legislation to impose State regulations on federal programs such as CDBG, HOME, and NSP.

ENVIRONMENTAL QUALITY

Support streamlining of environmental regulations and permitting in order to reduce costs and unnecessary delays.

Water:

Support the retention of the City’s ability to manage programs efficiently, cost-effectively, and without excessive permitting requirements in carrying out State mandates for environmental protection and waste disposal.

Support State appropriations to fund programs and projects to expand facilities for storing, banking, conveying, distributing, conserving, and reclaiming water, groundwater recharge, and for flood control and storm water management.

Monitor legislation that makes any changes to the Sustainable Groundwater Management Act of 2014. Any legislation should continue to support local control in the implementation of groundwater regulation.

Monitor legislation that aims to address long term groundwater sustainability.

Storm Water:

Monitor and engage in rule-making for legislation regarding the ability to treat storm drain systems as a utility.

Solid Waste:

Monitor and engage in legislation regarding landfill diversion and mandatory commercial recycling mandates.

Monitor and engage in rule-making for SB 1016, adopted in 2007, for changes to methods of calculating landfill diversion compliance from tonnages diverted from landfills to Pounds-Per-Person-Per-Day taken to landfills.

Monitor all recycling legislation, including but not limited to bills that impact household hazardous waste diversion, alternative daily cover and bottle and can recycling.

Monitor and engage in rule-making for SB 1383, which requires increasing organics recycling over the next several years.

Energy:

Support legislation that provides more local control and flexibility for use of rate-payer subsidized Public Goods Funds for energy efficiency and alternative energy projects.

Support increased funding of the California Solar Initiative and the California Energy Commission 1% interest loans for Energy Efficiency and Energy Generation Projects using Proposition 39 or other sources. 1114

Support legislation that would compensate local government, businesses, and residents at market rates for alternative energy generation, including solar through feed-in tariffs.

Department of Toxic Substances Control:

Support legislation that places appropriate limits on the ability of the California Department of Toxic Substances Control to seek reimbursement from municipalities for exploratory PCE searches and activities.

Support a State allocation of bond funding for PCE groundwater management and clean-up.

ECONOMIC DEVELOPMENT

Support legislation that reforms the California Environmental Quality Act (CEQA) in a manner that reduces litigation and eliminates CEQA as a tool to stifle economic development in California.

Support legislation that is designed to provide local governments with the tools necessary to bolster economic development and efforts to streamline initiatives that would enhance the City’s ability to attract and retain businesses, as well as, encourage business expansion and job retention.

Support legislation that increases local access to post-high school education and other workforce development opportunities, including the promotion and creation of apprenticeship programs.

Support legislation that requires the UC and CSU system to study the need for a new campus in the southern Central Valley between Fresno and Bakersfield.

QUALITY OF LIFE
Parks and Recreation:

Support legislation and funding for parks, recreation and capital improvements, and programs which increase the quality of life for the community and improve the public health and well-being of its citizens.

Support grants and legislation that provide for appropriate construction, rehabilitation and maintenance of public recreational facilities.

Animal Care:

Support legislation and funding that provide for quality care and shelter for impounded animals, including laws that allow local discretion for reasonable and cost-effective holding time of animals.

Support measures that facilitate responsible pet ownership and licensing.

Oppose animal services or care measures which impose state-mandated costs with no guarantee of local funding.

Arts & Culture and Tourism:

Support legislation and funding for programs and facilities which serve to enhance arts and culture development and provide opportunities for tourism.
1215

POLITICAL &

GOVERNMENT
LAW

ADVOCACY

LITIGATION
City of Visalia
2024 Legislative & Executive Branch Review
2025 Look Ahead
16 2
Advocating
for the City
 John Moffatt, Partner
 Michelle Rubalcava, Partner
 Geoff Neill, Senior Advocate
 Two Main Areas
 Legislative Branch
 Executive Branch/Regulatory
17 3
Legislative
Summary
for 2024
 2,532 bills introduced
 1,730 Assembly Bills
 802 Senate Bills
 1,206 bills (47.6% of total) sent to the Governor
 1,017 bills signed (84.3%)
 189 bills vetoed (15.7%)
 Visalia
 We tagged 835 bills for the City in 2023-24
 28 bills with positions in 2024
18 4
Wins for
Visalia
 AB 1725 (Law Enforcement Settlements and
Judgements: Reporting) – Oppose – Held in
Committee
 AB 1978 (Vehicles: Speed Contests) – Support –
Signed
 AB 2346 (Organic Waste Reduction Regulations:

Procurement) – Support – Signed
 AB 2557 (Local Agencies: Contracts for Special
Services) – Oppose – Held in Committee
19 5
Wins for
Visalia
 AB 3068 (Adaptive Reuse: Streamlining Incentives) –
Oppose – Vetoed
 SB 719 (Law Enforcement Agencies: Radio
Communications) – Oppose – Failed to Pass Senate
 SB 1046 (Organic Waste Reduction: Program
Environmental Impact) – Support – Signed
 SB 1420 (Hydrogen Production Facilities:

Certification) – Support – Signed
20 6
Losses for
Visalia
 AB 98 (Planning and Zoning: Logistics Use: Truck
Routes) – Oppose – Signed
 SB 637 (Zero-Emission Vehicle: Fleet Owners: Rental
Vehicles) – Support – Vetoed
 AB 2286 (Vehicles: Autonomous Vehicles) – Support
– Vetoed
 SB 399 (Employer Communications: Intimidation) –
Oppose – Signed
21 7
Losses for
Visalia
 AB 1886 (Housing Element Law: Substantial
Compliance) – Oppose – Signed
 AB 3093 (Land use: housing element) – Oppose –
Signed
 SB 937 (Development Projects: Fees and Charges) –
Oppose – Signed
 SB 1037 (Planning and Zoning: Housing Element:

Enforcement) – Oppose – Signed
22 8
New Laws
for 2025
 AB 2561 requires annual public hearings on the
status of vacancies and recruitment.
 AB 2943 creates a new felony charge for serial retail theft, allows police to arrest without witnessing the
crime, prohibits nuisance actions against retailers
reporting crime, sets up diversion programs,
increases probation time.
 SB 1243 raises the threshold for contributions
regulated by the Levine Act to $500 and gives more
time to cure unintentional violations.
 SB 1418 requires expedited, streamlined permitting
for hydrogen-fueling stations.
23 9
 Of the 80 Assembly seats on the ballot:
 All 56 incumbents won reelection.
 2 of 23 new members flipped a seat D to R.
 Rep. Fong’s seat remains vacant pending a
special election.
 Alexandra Macedo replaces Devon Mathis
 Of the 20 Senate seats on the ballot:
 8 of 9 incumbents won, 1 flipped D to R.
 5 of 12 new members are from the
Assembly, and two others previously served
in the Assembly.

Looking
Ahead:

The 2025-26
Legislature
24 10
 CA vs. DC
 Affordability
 Wildfires and LA recovery
 Climate bond appropriations
 Cap and trade reauthorization
 Housing and homelessness
 Local accountability
Looking
Ahead:
2025-26
Issues
25 11
 Governor’s budget released last week.
 Revenues up $16.5 billion from previous year.
 Proposes New Housing and Homelessness
Agency, but details are sparse.
 No new HHAP funds included.
 $100 for encampment resolution funds.
 $2.7 billion for Prop. 4 resources bond.
 LAO projects significant deficits in the out-years.

Looking
Ahead:

State
Budget
26 12
 Deadline to introduce bills – February 21
 Deadline to pass first house – June 6
 Deadline to pass budget – June 15
 Summer recess – July 18 to August 18
 Deadline for final passage – September 12
 As of January 14
 244 Assembly Bills introduced
 70 Senate Bills introduced
 30 bills identified for the City to review
Looking
Ahead:

Calendar
27 POLITICAL &

GOVERNMENT
LAW

ADVOCACY

LITIGATION
Thank you!
28 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0547 Agenda Date: 1/21/2025 Agenda #: 2.

Agenda Item Wording:

Receive the Annual Comprehensive Financial Report for the City of Visalia for the 2023-24 fiscal year.

Deadline for Action: 1/21/2025
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Kari Williams 559-713-4298 Department Recommendation:

It is recommended that the City Council acknowledge receipt of the ACFR for the year ended June 30, 2024 and provide comments as appropriate.

Background Discussion:

The attached Fiscal Year (FY) 2023-24 ACFR represents the City’s financial, operational, and current economic condition for the fiscal year ending June 30, 2024. The City’sfinancial statements for this period have been audited by Brown Armstrong, Accountancy Corporation, the City’sindependent auditing firm. Their Independent Auditors Report has been incorporated into the ACFR document. This item is presented to the City Council each year for review and acknowledgement.

State law requires the City of Visalia to prepare a complete set of audited financial statements. The attached 2023-24 ACFR fulfills this requirement.

The City’sIndependent Auditors, Brown Armstrong, have audited the City’sfinancial statements prepared by finance staff for the fiscal year ended June 30, 2024 and have provided an unqualified (clean) opinion. An unqualified opinion concludes, with the highest level of assurance, that the ACFR presents fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City; and the respective changes in financial position.

There were no audit findings for fiscal year 2023-24.

The ACFR is prepared annually in accordance with generally accepted accounting principles (GAAP) and reporting standards established by the national Governmental Accounting Standards Board (GASB), as verified during the independent auditor’sexamination. The June 30, 2024 ACFR continues to comply with the GASB reporting standards.

The financial statement information and audit opinion, as well as additional narrative and statistical information, is presented within the ACFR. Below is a listing of the different sections in the report:
• Transmittal Letter by the City Manager and Finance Director Visalia City Council Printed on 1/17/2025Page 1 of 10
powered by Legistar™
29 File #: 24-0547 Agenda Date: 1/21/2025 Agenda #: 2.
• Independent Auditor’s Report
• Management’s Discussion and Analysis
• Government-wide Financial Statements
• Fund Financial Statements
• Notes to Basic Financial Statements
• Required Supplementary Information
• Supplementary Information: Combining Statements and Budgetary Comparison Schedules • Statistical Section
• Compliance Section
The City issues copies of its ACFR to financial institutions and credit rating agencies for use in evaluating the City’sfinancial position, as well as to the City Council, City Management, and interested citizens. The City’s ACFR will also be available on the City’s web site.

The Government Finance Officers Association of the United States and Canada (GFOA) awards a Certificate of Achievement for Excellence in Financial Reporting which is only valid for a period of one year. The City recently received this award for the prior fiscal year (2023-24) and has now received the award for excellence in financial reporting for 38 consecutive years. The current report has been submitted and is under consideration for award. City staff believes the current report continues to exceed financial reporting standards.

New Reporting Requirements
The following Governmental Accounting Standards Board (GASB) Statements have been implemented in the current financial statements:

GASB Statement No. 100, Accounting Changes and Error Corrections The primary objective of this Statement is to enhance accounting and financial reporting requirements for accounting changes and error corrections to provide more understandable, reliable, relevant, consistent, and comparable information for making decisions or assessing accountability. The provisions of this statement are effective for fiscal year 2023-24. The City has implemented this statement for June 30, 2024.

Financial Statements
The financial statements are separated into Governmental and Enterprise (Business) type funds.

Governmental Funds and Enterprise funds have different methods of accounting. Table 1 - Governmental and Enterprise Funds shows these differences.

Table 1- Governmental and Enterprise Funds
Visalia City Council Printed on 1/17/2025Page 2 of 10
powered by Legistar™
30 File #: 24-0547 Agenda Date: 1/21/2025 Agenda #: 2.

Governmental Funds
Governmental funds are prepared on the modified accrual basis of accounting, which means they measure only current financial resources and uses. This basis focuses on (1) how cash and other financial assets can be readily converted to available resources and (2) the balances left at year-end that are available for spending. Capital assets and other long-lived assets along with long-term liabilities are not presented in the Governmental Fund Financial Statements. The City uses governmental funds to account for the General Fund (which includes the Emergency Reserve Fund), Measure N, American Rescue Plan, Transportation, Civic Center, as well as many other special revenue and capital project funds such as Measure T and Measure R. 2023-24 General Fund Summary
Fiscal year 2023-24 had growth in all major revenue categories for Visalia, except for one; Sales Tax.

Although the Sales Tax decrease was very small (0.5%), Visalia has not seen a decrease in Sales Tax since fiscal year 2009-10. On June 30, 2024, the California consumer price index stood at 3.3% and employment in the state continued to show signs of slowing as the unemployment rate was at 5.2%, an increase from the June 30, 2023 rate of 4.6%. Nationally, employment remained steady as the national unemployment rate was at 4.1%, still near the natural unemployment rate of 4% that the Federal Open Market Committee wants to see.

Fiscal year 2023-24 ended the year with an overall increase of $2.9 million in the total economic-sensitive revenue category for the General Fund as shown in Table 2 - GF Economic Sensitive Revenues. Most of this increase is from Property Tax which had a $2.6 million increase over the prior year.

Table 2 - GF Economic Sensitive Revenues
(as shown in the Financial Statements)
Description FY 22/23 FY 23/24
Increase Over
Prior Year % Increase
Sales Tax 47,866,077$ 47,622,285$ (243,792)$ -0.5% Property Tax 31,768,558 34,380,889 2,612,331 8.2% Transient Occupancy Tax 4,533,774 4,789,890 256,116 5.6% Franchise Fees 3,706,843 4,017,299 310,456 8.4% Business License 3,440,074 3,471,519 31,445 0.9% Total 91,315,326$ 94,281,882$ 2,966,556$ 3.2% As mentioned above, Sales Tax ended fiscal year 2023-24 with a 0.5% decrease. After prolonged levels of inflation and high interest rates, consumer spending levels seem to be slowing on the higher priced items such as cars and houses as consumers may be beginning to prioritize savings or have reduced levels of disposable income. The main areas of the decline in Sales Tax for Visalia were in Construction (wholesale and retail) which decreased $0.3 million, Transportation (auto sales, service stations) which decreased $0.3 million, and Business to Business (heavy and light industry, chemical products, medical and veterinary supplies) which declined $0.7 million; all partially offset by growth in General Retail, Food Products, and Miscellaneous.

Property Tax continued its growth trend increasing 8.2% as growth in property values continued; new development occurred; and the housing market remained at elevated price levels. Travel to the area rebounded from last year as we saw an increase of 5.6% in Transient Occupancy Tax (TOT) revenue.

Franchise Fee revenue increased 8.4% in fiscal year 2023-24 due to increases in gas and electric revenue as the City continued to have new development as well as growth in utility company revenue due to increased Visalia City Council Printed on 1/17/2025Page 3 of 10
powered by Legistar™
31 File #: 24-0547 Agenda Date: 1/21/2025 Agenda #: 2.
the City continued to have new development as well as growth in utility company revenue due to increased fees to their customers. Business License revenue increased slightly 0.9% when compared to last year.

Visalia has 13,473 licensed businesses operating in the City, a net increase of 347 as compared to last year.

These businesses include private manufacturing, technology research, retail and service businesses, educational services, healthcare and social assistance, consulting, arts and entertainment, hospitality services, along with non-profit institutions.

With careful management, the City was able to continue to provide service enhancements, infrastructure improvements, and increases in employee compensation. As shown in Table 3 - General Fund Statement of Revenues & Expenditures, the General Fund ended the year with a change in fund balance and surplus of $20.19 million. Contributing to the surplus was not only the growth in the main General Fund revenue categories, but also in uses of money and property (interest income) which was up $1.7 million as compared to last year as the average earnings interest rate was 3.37% for the year as compared to 2.00% for the prior year. Additionally, we had an overall decrease in total expenditures of $0.4 million when compared to the prior year. This was a combination of capital outlay expenditures being lower this year by $0.9 million in addition to a decrease of $0.5 million in principle payments for lease and subscription-based information technology liabilities, all offset by increases in other expenditures.

Table 3 - General Fund Statement of Revenues & Expenditures (in millions)
General
Fund
Emergency
Reserve Total
FY 23/24 FY 23/24 FY 23/24
Revenues 105.19$ 0.93$ 106.12$
Expenditures 78.18 - 78.18
Over/(Under) Expenditures 27.01$ 0.93$ 27.94$ Other Financing Sources (Uses) (6.82)$ -$ (6.82)$ Net Change in Fund Balance 20.19$ 0.93$ 21.12$ Surplus before Transfers to Emergency Reserve and
Civic Center Fund 20.19$ 0.93$ 21.12$
Transfer surplus to Emergency Reserve Fund* (2.75)$ 2.75$ -$ Transfer surplus to Civic Center Fund* (17.44) - (17.44) Total -$ 3.68$ 3.68$
The General Fund revenues came in over expenditures by $27.01 million. The Expenditures category included capital projects which totaled $3.1 million. The category Other Financing Sources and Uses of $6.82 million includes transfers out to Convention Center $2.6 million ($1.2 million operations + $0.3 million capital set-aside + $1.1 million debt), Animal Control $1.8 million ($1.2 million operations + $0.6 million debt), Risk Management $2.0, Baseball $0.5 million ($0.3 million operations + $0.2 million capital), Debt service funds $0.7 million (debt), transfer in from Compensated Absences of $0.2 million, and Subscription Assets & Leases Acquired of $0.6 million.

Visalia City Council Printed on 1/17/2025Page 4 of 10
powered by Legistar™
32 File #: 24-0547 Agenda Date: 1/21/2025 Agenda #: 2.

Once you take Revenues minus Expenditures less Other Financing Uses, the General Fund had a change in fund balance/surplus of $20.19 million. Of the surplus, $2.75 million was transferred to the Emergency Reserve Fund and $17.44 million was transferred to the Civic Center Reserve Fund as per the current Council Policy on surpluses. The current General Fund emergency reserves replenishment policy states that any revenues in excess of actual expenditures would continue to be deposited in the emergency reserve to maintain the reserve at 30% of operating expenditures and then all remaining surplus is to be deposited into the Civic Center Reserve Fund.

This is the eleventh consecutive year that the General Fund has ended the year with a surplus. However, the balance between revenues and expenditures in the General Fund can be volatile from year to year. The City will continue to monitor rising operating costs (i.e., pension costs, health insurance, technology), and the economy for a possible downturn (recession). Although not 100% predictable, many economists are speculating that the United States Gross Domestic Product (GDP) growth will slow in 2025 as the government curbs its spending and labor markets slow as unemployment continues to increase. As a result, we expect decreases in both industrial and consumer consumption which may affect Sales Tax revenue for the City. The City must continue to seek new opportunities to increase tax base revenues to help maintain fiscal sustainability.

The General Fund’sfund balance (including the emergency reserve) is $59.1 million at fiscal year-end. It is important to remember that fund balance is not cash. Fund balance is the amount left after liabilities are subtracted from assets. A positive fund balance means that there are more assets than liabilities; a negative fund balance means just the opposite. The General Fund’sfund balance is split into the following categories (2023-24 ACFR pg 87):

Ø Nonspendable Fund Balance - $2.1 million for items such as inventory, prepaids, deposits, supplies, long term receivables and advances to other funds.

Ø Restricted Fund Balance - There are currently no restricted fund balances.

Ø Committed Fund Balance - $23.6 million for Council authorized encumbrances (contracts awarded that are not paid out) and specific purposes such as the Emergency Reserve (currently at $22.7 million, 30% of the General Fund’s operating costs).

Ø Assigned Fund Balance - $33.2 million for advances to custodial funds, capital projects that have been budgeted but not started, CalPERS unfunded liability payment for FY 2024-25 and the Successor Agency Note.

Ø Unassigned Fund Balance - $0.2 million is primarily used for three reasons:

1. Grants - To temporarily advance one-time expenditures which are awaiting grant funds. The City receives many grants, and typically, funds that have grants will need a cash advance due to the timing of the grant reimbursements and the crossing of fiscal years. Grant advances are typically paid back within 1-2 years.

2. Impact Fees - To advance money in order to keep moving forward on large projects. When advances happen, the amount of the advance is transferred out of unassigned fund balance to assigned fund balance. When the advances are paid back to the general fund those amounts are transferred back to the unassigned fund balance. If the money is not available to advance from the unassigned funds, then the money would need to come from the committed funds that have been set aside for emergency reserves or capital projects. This is not ideal because this could postpone projects or cause there to not be enough in reserves for when it is needed. Advances for capital projects are typically paid back over larger periods of time (5-10 years). For example, the fire Visalia City Council Printed on 1/17/2025Page 5 of 10
powered by Legistar™
33 File #: 24-0547 Agenda Date: 1/21/2025 Agenda #: 2.
projects are typically paid back over larger periods of time (5-10 years). For example, the fire impact fees assisted with the construction of stations 55 and received an advance that was recently paid back. Also, the police impact fees are projected to need an advance of $1.5 million to make the VECC debt payments for the life of the debt which will be fully paid off in 2029.

3. Prior Year Adjustments - The City financial statements are a summary of the year and are comprised of many numbers, categories, funds, objects and task numbers. As staff continues to audit numbers and compare to prior years, accounting errors are found and need to be adjusted.

For example, expenditures for FY 2023-24 may have been coded to FY 2024-25 and are found when reviewing FY 2024-25. In addition, the Financials include receivables that may be written off due to bad debt or fees waived once they have complied with City regulations. If the Unassigned Fund Balance category did not exist, these adjustments would need to come from the committed funds that have been set aside for emergency reserves or capital projects.

However, these funds may be considered a part of the Emergency Reserves and at the end of the fiscal year, at the Council’sdiscretion, can be added to the Emergency Reserves or any other designation. Staff does not recommend depleting this category because, in the end, using committed funds that have been set aside for emergency reserves or capital projects is not ideal for advancing for grant reimbursements, capital projects, and prior year adjustments. This would cause the Emergency Reserves or any other fund to increase and decrease as accounting adjustments are made and money is borrowed leaving uncertainty in the amount available at any given time. The unassigned fund balance is much lower than past years and will need to be increased for future advances/projects.

As shown in Table 4 - General Fund Emergency Reserves, the Emergency Reserves ending balance for FY 2023-24 was at $22.7 million which meets the Council policy level of 30% of operating expenditures.

Table 4 - General Fund Emergency Reserves
Visalia City Council Printed on 1/17/2025Page 6 of 10
powered by Legistar™
34 File #: 24-0547 Agenda Date: 1/21/2025 Agenda #: 2.

Other Governmental Funds
· The Measure N fund (FY 2023-24 ACFR: page 32 & 36) is used to account for the half-cent sales tax override approved by the citizens of Visalia in November 2016 which funds increased City essential services of Police, Fire, Streets and Parks. Total Revenues for the year were $20.1 million. Total expenditures were $21.5 million which included a $1.6 million adjustment required by GASB 96 for the recording of Subscription-Based Information Technology Arrangements (SBITA) or Body Worn Cameras (5 year term). The Measure N Fund’s balance increased $0.3 million to $36.9 million. · The American Rescue Plan fund (FY 2023-24 ACFR: page 32 & 37) is used to account for the American Rescue Plan Act federal grant funding. Monies can only be used according to the plan guidelines. The funds’assets include $21.9 million in unearned revenue. The American Rescue Plan Fund’s balance is $1.8 million.
· The Transportation fund (FY 2023-24 ACFR: page 33 & 37) is used to account for the financing and construction of new streets, roads, and various new transportation infrastructure and facilities. Funding is provided by Transportation Impact Fees. The Transportation fund’sfund balance increased $6.9 million to $31.4 million as a result of revenues exceeding capital projects for the year. · The Civic Center fund (FY 2023-24 ACFR: page 33 & 37) is used to account for the construction of the Civic Center and related capital improvement projects. Revenue is collected from land sales, one time monies as incentive revenues, General Fund surplus, and other transfers authorized by City Council.

The Civic Center Fund’sbalance increased $17.6 million mainly due to a transfer of surplus from the General Fund of $17.4 million.
· All Other Governmental Funds (FY 2023-24 ACFR: page 33 & 37) (referred to as Non-Major Funds) are not presented separately in the Basic Financial Statements but are individually presented in Supplementary Information. Combined they received $68.3 million in revenue and have a combined Fund Balance at year-end of $148.7 million. The larger funds in this category include Special Service Districts at $16.0 million, Measure T Fire at $7.4 million, Measure T Police at $9.8 million, Measure R local at $16.1 million, Highway Users at $13.3 million, Recreational Facilities at $12.2 million, Housing & Community Grants at $23.1 million, Housing Succor Agency at $10.5 million and Government Facilities Impact Fee at $10.7 million.

Business Type Funds
Enterprise Funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City uses enterprise funds to account for the Water Reclamation Facility, Storm Sewer Maintenance, Solid Waste, and Transit, which are considered to be Major Funds of the City and Convention Center, Airport, Building Safety, and Animal Control which are considered to be Non- Major Funds of the City.

Enterprise funds also recognize the net pension liability as required by GASB 68. As a result, annual adjustments are required to adjust to the net pension liability being reported by CalPERS for our employee retirement plans. Changes in the net pension liability occur as a result of annual actuarial valuations performed by CalPERS on our plans, investment earnings for the year, and changes to pension formula assumptions made by CalPERS. These annual GASB 68 adjustments to the net pension liability affect the Salaries, Wages and Employee Benefits line item reported under Operating Expenses (pages 44 and 45) as any adjustment is made to pension expense. Below is a brief summary of changes for each Enterprise Fund's revenues and expenditures. These summaries compare each Fund to last fiscal year.

Visalia City Council Printed on 1/17/2025Page 7 of 10
powered by Legistar™
35 File #: 24-0547 Agenda Date: 1/21/2025 Agenda #: 2.

Major Funds:
· Water Reclamation Facility (FY 2023-24 ACFR: page 42 & 44) Operating revenues increased $2.0 million due to the timing of an annual Utility Billing year end true up which also affected prior year’s revenues and a decrease in development impact fees collected. Revenues had increases in treatment connection fees of $0.4 million, residential fees of $0.8 million, commercial fees of $0.2 million, industrial fees of $0.4 million, restaurant fees of $0.1 million and services provided of $0.3 million, offset by a decrease in front footage fees of $0.2 million.

Operating expenses increased by $1.0 million mainly due to increases in salaries and benefits of $1.4 million due to wage and benefit increases and annual pension adjustments, utility expenses of $0.5 million, and allocated expenses and services provided of $0.3 million, offset by a decrease in capital related activity of $1.2 million when compared to the prior year. · Storm Sewer Maintenance (FY 2023-24 ACFR: page 42 & 44) Operating revenues increased $0.1 million due to the timing of an annual Utility Billing year end true up which also affected prior year’s revenues. Operating expenses increased by $0.2 million including increases in salaries and benefits of $0.1 million due to wage and benefit increases and annual pension adjustments and increases in allocated expenses and services provided of $0.1 million. · Solid Waste (FY 2023-24 ACFR: page 42 & 44) Operating revenues increased $2.4 million due to the timing of an annual Utility Billing year end true up which also affected prior year’srevenues. Revenues increased in commercial fee revenue of $0.9 million, single family fee revenue of $0.8 million, commercial recycling fee revenue of $0.1 million, franchise tax of $0.2 million, CNG fuel rebate of $0.1 million and grant revenue of $0.3 million for the CalRecyle program and State Highway cleanup program.

Operating expenses increased by $0.4 million mainly due to an increase in salaries and benefits of $0.4 million due to wage and benefit increases and annual pension adjustments, depreciation expenses of $0.1 million, and an overall decrease in maintenance and operations of $0.1 million mainly due to allocated expenses and services provided.
· Transit (FY 2023-24 ACFR: page 42 & 44) Operating revenues decreased $7.8 million from last year.

The majority of the decrease was operating grant revenue of $7.4 million due to receiving less in transit assistance grant funding which fluctuates from year to year. Decreases were also seen in Sequoia Shuttle National Park reimbursement of $0.3 million, and farebox ticket sales of $0.1 million.

Operating expenses decreased by $2.0 million due to decreases in maintenance and operations consisting of $1.0 million for bus contracted services due to a strike by the Transit contracted bus operator workers for 6 weeks, CNG fuel of $0.9 million, and allocated expenses and services provided of $0.2 million offset by an increase in depreciation expense of $0.1 million.

Non Major Funds:
· Convention Center (FY 2023-24 ACFR: page 162 & 163) Operating revenues increased by $0.3 million. Increases were mainly seen in conference room and equipment rental of $0.4 million offset by discounted services of $0.1 million.

Operating expenses decreased by $0.6 million mainly due to the annual pension adjustments of $0.6 million being less than the previous year, offset by an increase in salaries and benefits of $0.1 million due to wage and benefit increases. A decrease was also seen in maintenance and operations of $0.1 Visalia City Council Printed on 1/17/2025Page 8 of 10
powered by Legistar™
36 File #: 24-0547 Agenda Date: 1/21/2025 Agenda #: 2.
due to wage and benefit increases. A decrease was also seen in maintenance and operations of $0.1 million due to allocated expenses and services provided being lower than previous year.

The Convention Center received a transfer in (subsidy) of $2.6 million ($1.2 million operations + $0.3 million capital set-aside + $1.1 million debt) from the General Fund. · Airport (FY 2023-24 ACFR: page 162 & 163) Operating revenues increased $0.1 million due to aviation fuel sales being lower than previous year. Operating expenses decreased by $0.4 million with decreases in salaries and benefits of $0.1 million due to wage and benefit increases offset by annual pension adjustments; in maintenance and operations due to decreases in capital related activity of $0.1 million; utilities fuel and supplies of $0.1 million; and depreciation expense of $0.1 million. · Building Safety (FY 2023-24 ACFR: page 162 & 163) Operating revenues decreased by $1.6 million due to an overall decrease in construction permits compared to prior years activity. Operating expenses decreased by $0.1 million in salaries and benefits due to wage and benefit increases offset by annual pension adjustments.
· Animal Control (FY 2023-24 ACFR: page 162 & 163) Operating revenues increased by $0.1 million mainly due to an increase in animal service contract changes for Dinuba and Farmersville.

Operating expenses increased by $0.4 million mainly due to an increase in salaries and benefits of $0.6 million due to wage and benefit increases and annual pension adjustments with decreases in maintenance and operations expenses of $0.2 million consisting of allocated expenses and services provided of $15K, capital related activity of $47K, bad debt expense of $65K, utility expenses of $25K, equipment of $6K, and computer software support of $6K.

Animal Control received a transfer in (subsidy) of $1.8 million ($1.2 million operations + $0.6 million debt) from the general Fund.
· Internal Service Funds (FY 2023-24 ACFR: page 168 - 171) There are several funds designed to set aside resources to pay for replacement of vehicles and computers as well as insurance costs. Fiscal Year 2023-24 revenues exceeded expenditures by $3.3 million which leaves fund balances of $51.7 million. Asset contributions totaled $1.2 million for Fiscal Year 2023-24 which included vehicle replacements, computer replacements, equipment, and software.

There are three business funds that have Council authorized subsidies, the Convention Center ($1.2 million operations + $0.3 million capital set-aside + $1.1 million debt), Animal Control ($1.2 million operations + $0.6 million debt), and Baseball ($0.3 million operations + $0.2 million capital set-aside) which are shown on the financial statements and notes as transfers. Subsidies are not paid back. All other funds receive an advance when revenues don’t cover operations. Advances are made from the General Fund which requires reimbursement and charges the investment rate plus 1%. All advances are shown in the ACFR on page 75.

Summary
Governmental Funds had a change in fund balance of $48.6 million, Emergency Reserves continue to meet the policy level of 30% of operating expenditures with a balance of $22.7 million, and the Business Type Funds (excluding the Internal Service Funds) had an overall change in net position of $17.2 million. In addition, fiscal year 2023-24 met the City Council budget goals of gradually rebuilding the organization by restoring resources, increasing funding levels for Capital Improvement Projects, increasing resources directed at maintaining City facilities, increasing Emergency Reserves, and handling increasing pension costs.

Visalia City Council Printed on 1/17/2025Page 9 of 10
powered by Legistar™
37 File #: 24-0547 Agenda Date: 1/21/2025 Agenda #: 2.

Overall, the City is in a good financial condition that will help the organization withstand any future recession.

The Fiscal Year 2023-24 Annual Comprehensive Financial Report (ACFR) is available on the City Website at the following link:
<https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=57047> Fiscal Impact:

N/A
Prior Council Action: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

I move to accept the Fiscal Year 2023-24 Annual Comprehensive Financial Report (ACFR).

Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Printed on 1/17/2025Page 10 of 10
powered by Legistar™
38 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0504 Agenda Date: 1/21/2025 Agenda #: 3.

Agenda Item Wording:

Review and acceptance of the annual Measure T Independent accountants’ report on applying agreed-upon procedures for fiscal year ending 6/30/24.

Deadline for Action: 1/21/2025
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Kari Williams 559-713-4298 Department Recommendation:

Review and acceptance of the annual Measure T independent accountants’ report on applying agreed-upon procedures for fiscal year ending 6/30/24.

Background Discussion:

The City, as part of the voter approved Measure T sales tax override, must have an annual procedural review of the uses of Measure T funds. M. Green and Company has performed this review, which is attached.

There were no findings for fiscal year 2023/2024 (FY 23/24).

This procedural review did not include financial management and accounting practices. The purpose of this procedural review is to ensure that Measure T funds are used in accordance with the Ballot Measure, program guidelines and expenditure plan for fiscal year ended June 30, 2024. The financial management and accounting practices are included in the City’s annual audit.

This is a discussion of the procedural review and is not intended as a conversation about plan adjustments or other operational issues. If such adjustments are desired, they should be raised as part of a separate Council discussion.

In March of 2004, the voters of Visalia passed a ¼ cent Sales Tax Override, Measure T, to provide additional police and fire personnel and services to protect our community. Program guidelines were implemented as part of the Measure T plan to ensure that the public would be well informed of the progress and process of Measure T. These guidelines are outlined as follows:

Revenue Requirements:
· 60% of revenues received must be deposited into a Measure T Police Fund and 40% into the Measure T Fire Fund.
· An Economic Uncertainty Fund will be established for both Measure T funds. The Economic Uncertainty Funds require 25% of the budgeted sales tax to be deposited to Visalia City Council Printed on 1/16/2025Page 1 of 6
powered by Legistar™
39 File #: 24-0504 Agenda Date: 1/21/2025 Agenda #: 3.
maintain operations when revenues do not cover expenditures. · Measure T revenues cannot replace General Fund budgeted operating expenditures for police and fire.

Expenditure Requirements:

Annual procedural review - Each year, the City shall provide an annual Independent accountants’ report on applying agreed-upon procedures to account for the tax revenues received and expenditures made to ensure consistency with the program guidelines and expenditure plans. This report completes this requirement.

Annual Recertification:

Annual Recertification - Each June, as the City’sbudget is adopted following public hearings, the City Manager will re-certify the Measure T plan by taking it to the City Council, stating what monies have been received, what monies have been spent, and what monies are available. The City Manager will also certify that the monies have not been used for purposes other than Public Safety. The Citizens Advisory Committee will act as an oversight function and review and approve the re-certification report prior to the report being taken to Council. This item was completed June 2024 for fiscal year 2024/25. The next recertification will return June 2025.

Effectiveness Reviews:

Effectiveness Reviews - The ballot measure ordinance requires an effectiveness review every 8 years at the first City Council meeting in January. The last effectiveness review was completed in January 2021. During the review, Council will hold a public hearing to review the progress of the Measure T plan and the continuing need for the sales tax measure. To continue the sales tax measure, 4/5ths of the City Council must affirm the tax. During the January 2021 effectiveness review Council reaffirmed the tax. The next effectiveness review will be January 2029.

Measure T Plan
Measure T uses a detailed 20- year plan for hiring personnel, construction of facilities, and equipment purchases. The original plan included a deficit that would be covered by increased revenues, lower expenditures, and General Fund subsidy. Since 2008, Measure T has been operating on an amended plan due to several years of lower revenues, higher expenditures, and no subsidy from the General Fund due to rising costs.

Even though the plan needed to be amended, the majority of the items accomplished would not have been achieved without Measure T. The progress of the plan components as of June 30, 2024 is shown in Table 1, Measure T Plan Components.

Visalia City Council Printed on 1/16/2025Page 2 of 6
powered by Legistar™
40 File #: 24-0504 Agenda Date: 1/21/2025 Agenda #: 3.

Table 1, Measure T Plan Components
Plan Components Component Progress

1. Hire and equip 28 new police
officers.

The City at one time had hired 28 officers but now has 23 officers due to expenditures rising faster than revenues. Three positions were shifted to the General Fund and two positions were left vacant by attrition.

2. Construct 2 Police Precincts. Complete.

3. Improve 911 emergency
operations by building a
Visalia Emergency
Communications Center
(VECC).

Complete.

4. Hire and equip 18 new
firefighters.
13 of the firefighters have been hired and equipped. 2 positions have been moved to Measure N and 3 positions have been kept vacant due to Measure T expenditures rising faster than revenues.

5. Construct 2 new fire stations
in northwest and southeast
Visalia.

Complete. Council amended the Measure T Plan by directing that the second station be built in the Southwest, as Fire has been able to lease the Lovers Lane station which is located in the Southeast.

The leasing is funded by the general fund. Stations built are Stations 53 and 55.
6 Build a new fire training
facility. Complete. Training facility is located at Station 55. 7 Construct a Public Safety
Office Building to improve
police and fire operations.

In August 2019 Council directed staff to begin the purchasing process to hire a design consultant for the facility. Darden Architect was selected as the consultant for the architectural engineering design on May 17th 2021. The project was still in the design phase as of June 30, 2024.

Visalia City Council Printed on 1/16/2025Page 3 of 6
powered by Legistar™
41 File #: 24-0504 Agenda Date: 1/21/2025 Agenda #: 3.

Fiscal Year 2023/24 (FY23/24) Financials (ACFR document pg. 125 & 134) Measure T Police - As shown in Table 2, Measure T Police Revenue & Expenditure Plan with Actuals - FY 23/24, the Measure T Police fund ended the year with a surplus of $1.7 million as revenues came in higher than expenditures.

Table 2, Measure T Police Revenue & Expenditure Plan with Actuals - FY 23/24 Final
Budget Actual

REVENUES
Measure T Sales Tax 5,927,800$ 5,529,066$
Subventions and Grants 6,000 29,079
Interest Earnings + Miscellaneous 53,700 483,132 Total Revenues 5,987,500 6,041,277

EXPENDITURES
Expenditures (4,508,700) (4,143,408)
Revenues Over (Under) Expenditures 1,478,800 1,897,869

OTHER FINANCING SOURCES (USES)
VECC Debt Payment (151,400) (151,180)
Total Other Financing Sources (Uses) (151,400) (151,180) Net Changes in Fund Balance 1,327,400$ 1,746,689
Fund Balance - Beginning of Year 8,020,104
Fund Balance - End of Year* 9,766,793$
*Included in the end of year fund balance is the Economic Uncertainty Fund of $1,539,210 (25% of the annual budgeted revenues).

Measure T - Police
Visalia City Council Printed on 1/16/2025Page 4 of 6
powered by Legistar™
42 File #: 24-0504 Agenda Date: 1/21/2025 Agenda #: 3.

Fiscal Year 2023/24 (FY23/24) Financials (ACFR document pg. 126 & 135) Measure T Fire - As shown in Table 3, Measure T Fire Revenue & Expenditure Plan with Actuals - FY 23/24, the Measure T Fire fund ended the year with a surplus of nearly $1.0 million as revenues came in higher than expenditures.

Table 3, Measure T Fire Revenue & Expenditure Plan with Actuals - FY 23/24 Final
Budget Actual

REVENUES
Measure T Sales Taxes 3,951,900$ 3,686,044$
Charges for Current Services 25,000 54,126
Interest Earnings + Miscellaneous 70,200 372,285 Total Revenues 4,047,100 4,112,455

EXPENDITURES
Operating (3,092,600) (3,138,955)
Capital Expenditures - (538)
Total Expenditures (3,092,600) (3,139,493)
Revenues Over (Under) Expenditures 954,500 972,962 Net Changes in Fund Balance 954,500$ 972,962
Fund Balance - Beginning of Year 6,416,712
Fund Balance - End of Year * 7,389,674$
*Included in the end of year fund balance is the Economic Uncertainty Fund of $1,040,663 (25% of the annual budgeted revenues).

Measure T - Fire
Visalia City Council Printed on 1/16/2025Page 5 of 6
powered by Legistar™
43 File #: 24-0504 Agenda Date: 1/21/2025 Agenda #: 3.

FY 23/24 Annual Measure T Independent Accountants’ Report on Applying Agreed-Upon Procedures As required by the Ordinance, the City engaged M. Green and Company to attest that the City has used the money as required in the ballot measure. The Independent Accountants’ Report on Applying Agreed-Upon Procedures assures that these funds are handled properly, assisting City management in providing the highest level of accountability for Measure T funds.

The report prepared by M. Green and Company is attached. The report confirmed that the plan is being implemented and adjusted according to the ballot measure, program guidelines and expenditure plan.

The Measure T Independent Accountants’ Report on Applying Agreed-Upon Procedures was presented and accepted by the Citizens Advisory Committee at their January 8, 2025 meeting.

Fiscal Impact:

N/A
Prior Council Action: June 17, 2024 - Annual Recertification of the 2024/25 Measure T Plan Other: Citizens Advisory Committee accepted the report at their January 08, 2025 meeting.

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

Move to accept the Measure T Independent accountants’ report on applying agreed-upon procedures from M. Green and Company for the fiscal year ending June 30, 2024. ..end Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Measure T Report
Visalia City Council Printed on 1/16/2025Page 6 of 6
powered by Legistar™
44 CITY OF VISALIA
INDEPENDENT ACCOUNTANTS' REPORl ON

APPL YING AGREED-UPON PROCEDURES

MEASURE T
FOR THE FISCAL YEAR ENDED JUNE 30, 2024
M. GREEN AND COMPANY LLP
Certified Public Accountants
45 Page No.

Independent Accountants ' Report on Applying Agreed-Upon Procedures ..................................... 1 46 City Council

INDEPENDENT ACCOUNTANTS' REPORT

ON APPLYING AGREED-UPON PROCEDURES
City of Visalia and Citizens Advisory Committee
707 W. Acequia
Visalia, CA 93291-6100
We have performed the procedures enumerated below with respect to the administration, financial management and accounting of the City of Visalia's (City) Visalia Public Safety Sales Tax (Measure T) funds for the fiscal year ended June 30, 2024. The City's management is responsible for the City's administration, financial management and accounting for Measure T.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose, solely to assist the City and the independent Citizens Advisory Committee (CAC) in regards to Measure T. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and associated findings are as follows:
(1) We obtained and reviewed the City's Measure T commitments as expressed in the Measure T ballot measure from the March 2, 2004 election, the Enabling Ordinance adopted by the City Council, the Board of Equalization Agreements for implementation and administration of additional sales tax, the City Council approved Program Guidelines and expenditure plans for the current fiscal year and the Annual Recertification Plan for June 30, 2024, as approved by the City Council.

Findings: None
(2) VVe updated our documel)tation of the following Measure T compliance provisions, as interpreted by the City Council adopted enabling ordinance, program guidelines and interim progress report reported to City staff:
a. Administrative procedures
b. Accounting control (including budgetary) procedures
Findings: None
(3) We updated our understanding of the City's implementation of the material administrative compliance procedures.

Findings: None
47 (4) We updated our understanding of the City's implementation of the material accounting control procedures and determined if the following were implemented or maintained:
a. establishment of a separate Measure T fund or fund group; b. establishment within the Measure T fund(s) of an accountability structure that allows for accountability of the Measure T sales tax proceeds mandated allocations - police (60%) and fire (40%);
c. that reasonable interest allocation methodologies were applied to Measure T fund(s) regarding interest revenue for unexpended net proceeds and interest charged for other City fund advances; d. repayment of advances to Measure T fund(s) from other funds within 24 months of the advance; e. that General Fund support for police and fire services during the fiscal year 2023-24, without regard to Measure T funds based upon budgeted expenditure levels, was not less than General Fund police and fire services support during the fiscal year 2022-23, unless the Council declared an economic emergency by a 4/5th5 vote;
f. establishment of a separate "Economic Uncertainty" fund within the Measure T fund(s) of 25% of the budgeted Measure T tax revenues.

Finding:

Measure T calls for the budgeted General Fund support for police and fire services during the fiscal year 2023-24, without regard to Measure T, to be greater than the General Fund police and fire services support during the fiscal year 2022-23, unless the council declares an economic emergency by a 4/5th5 vote.

General Fund support for police and fire services during the fiscal year 2023-24, without regard to Measure T, was greater than the General Fund police and fire services support during the fiscal year 2022-23; therefore, the City has met the maintenance of effort calculations.

Finding:

The Measure calls for the establishment and funding of an Economic Uncertainty Fund in the amount of 25% of the annually budgeted revenues. The Fire and Police Measure T Economic Uncertainty Fund balances as of June 30, 2024, were $1 ,040,663 and $1,539,210, respectively.

The amount for the Fire and Police Measure T Economic Uncertainty Funds exceeded the required 25% by $52,688 and $57,260, respectively.
(5) We traced all Measure T monies remitted by the California Department of Tax and Fee Administration to determine whether they were properly deposited into the appropriate Measure T fund.

Findings: None
(6) We performed procedures to verify the summaries of Measure T receipts, disbursements and unexpended funds pertaining to the fiscal year 2023-24 as prepared by the City.

Finding:

Our review indicated that the plan objectives call for 23 police officers and 13 firefighters were to be hired during the fiscal year. During the current year three police officer positions were vacant and remained vacant as of June 30, 2024. Those three positions are currently being recruited.

During the current fiscal year, 13 firefighters were hired as called for in the current plan.

Finding:

We found that Measure T funds had 23 police officer vehicles and vehicle replacement expenditures being allocated to Police Measure T Funds during the current year in accordance with the number of police officers included in the plan objectives. However, in January 2024 one of those vehicles was disposed of and not replaced as of June 30, 2024, since there were only 20 police officer positions filled while the open positions are being recruited. 2 48
Finding:

We found that the Capital Improvement Program expenditures are generally proceeding in accordance with the Measure T Plan. The City finished construction of the Visalia Emergency Communication Center during the 2017-18 fiscal year. The expenditures made towards the project were not charged to Fire and Police Measure T Funds, as the project was a multi-funded project which was being funded with prior year Certificates of Participation (COP) proceeds. Therefore, expenditures related to the construction of the Visalia Emergency Communication Center, were recorded in another fund where all project expenditures were accounted for. COP in the amount of $17,910,000 were issued in the 2015-16 fiscal year to fund the project. The Measure T Plan was recertified approving the Police Measure T Fund to pay the total debt payment at a reduced amount, which makes Measure T's portion of the COP proceeds and debt service payments

9.577540%. Police Measure T Funds paid $151,180 of debt service payments in the current fiscal year in accordance with approved plan and is budgeted to pay for their reduced percentage of the project through an additional 6 years of debt service payments ending in fiscal year 2029-30.

The Plan also calls for contributions towards the construction of a Public Safety Office Building to improve police and fire operations. In August of 2019, the design phase was approved to begin.

However, due to COVI D-19 interviews with consultants were delayed and an architectural engineer wasn't selected until May of 2021 and the project was still in the design phase as of June 30, 2024.
(7) We determined if the Measure T allocations were made in accordance with the following required funding priorities:
a. funding of the current year's budgeted expenditures; b. funding of the "Economic Uncertainty" Fund including annual revision; c. funding expenditures budgeted for subsequent plan years.

Findings: None
(8) We conducted an exit interview with City staff representatives.

Findings: None
We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to, and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on administration, financial management and accounting. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City's management and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information and use of the City Council, City management and the CAC and is not intended to be and should not be used by anyone other than those specified parties. However, this report is a matter of public record and its distribution is not limited.

November 15, 2024
Visalia, California
3 Very truly yours,
~~/i=/::::f ~I(;
Certified Public Accountants
49 (July1, 2023– June 30, 2024)
50  January – Annual review of the report verifying that funds are in accordance with the Ballot Measure,
Program Guidelines and Expenditure Plan
 January – Annual Comprehensive Financial Report
(ACFR)
 March – Mid Year Budget Review
 June – Annual Recertification
51  Measure T was approved by
the voters March 2004.
 ¼ cent Sales Tax for enhanced
police and fire services.
 Sales Tax is split – 40% Fire
and 60% Police.
52  Measure T revenues cannot replace General Fund budgeted operating expenditures for police and fire.
 Measure T uses a detailed 20 year plan for:
◦ Hiring Personnel;
◦ Construction of Facilities; and
◦ Equipment Purchases.

Original plan included a deficit that would be covered by increased revenues, lower expenditures, and General Fund subsidy. Since 2008, Measure T has been operating on an amended plan due several years of lower revenues, higher expenditures, and no subsidy from the General Fund.  Measure T requires an Economic Uncertainty Fund
◦ 25% of the annually budgeted revenues will be deposited into a separate fund for emergency use.
53  Independent Accountants’ Report on Applying Agreed–Upon Procedures
o An Independent Auditor will annually review tax revenues received and expenditures from the measure, to ensure compliance with the Ballot Measure, Program Guidelines and Expenditure Plans.
 Annual Recertification
o Annual Recertification of the plan with detail of what monies have been received, what monies have been spent, and what monies are available. This is done every June.
 Effectiveness Review
o Review the progress of the Measure T Plan and the continuing need for the sales tax measure at the first City Council meeting in January 2029, and every 8 years thereafter.
• Last review completed in 2021
54  Report Completed by M. Green and Company for fiscal year ending June 30, 2024.
 The CAC Committee has reviewed the report on
January 8, 2025.
 No formal action is required today. Just receive and review report.
55 ◦ There were no report findings for FY
23/24.
56 22/23
Actual
23/24
Actual

REVENUES
Measure T Sales Tax 5,861,495$ 5,529,066$
Subventions and Grants 13,240 29,079
Interest Earnings + Miscellaneous 126,137 483,132 Total Revenues 6,000,872 6,041,277

EXPENDITURES
Expenditures (4,149,336) (4,143,408)
Revenues Over (Under) Expenditures 1,851,536 1,897,869

OTHER FINANCING SOURCES (USES)
VECC Debt Payment (151,107) (151,180)
Transfer to Vehicle Replacement Fund (475,000) - Total Other Financing Sources (Uses) (626,107) (151,180) Net Changes in Fund Balance 1,225,429 1,746,689
Fund Balance - Beginning of Year 6,794,675 8,020,104 Fund Balance - End of Year* 8,020,104$ 9,766,793$
*Included in the end of year fund balance is the Economic Uncertainty Fund of $1,539,210 (25% of the annual budgeted revenues).

Measure T - Police
57 22/23
Actual
23/24
Actual

REVENUES
Measure T Sales Taxes 3,907,664$ 3,686,044$
Charges for Current Services 49,055 54,126
Interest Earnings + Miscellaneous 150,055 372,285 Total Revenues 4,106,774 4,112,455

EXPENDITURES
Operating (3,098,274) (3,138,955)
Capital Expenditures (6,517) (538)
Total Expenditures (3,104,791) (3,139,493)
Revenues Over (Under) Expenditures 1,001,983 972,962

OTHER FINANCING SOURCES (USES)
Transfer to Vehicle Replacement Fund (1,480,000) -
Total Other Financing Sources (Uses) (1,480,000) -
Net Changes in Fund Balance (478,017) 972,962
Fund Balance - Beginning of Year 6,894,729 6,416,712 Fund Balance - End of Year * 6,416,712$ 7,389,674$
*Included in the end of year fund balance is the Economic Uncertainty Fund of $1,040,663 (25% of the annual budgeted revenues).

Measure T - Fire
58 59
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0506 Agenda Date: 1/21/2025 Agenda #: 4.

Agenda Item Wording:

Review and acceptance of the Annual Measure N Independent accountants’ report on applying agreed-upon procedures for fiscal year ending 6/30/24.

Deadline for Action: 1/21/2025
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Kari Williams 559-713-4298 Department Recommendation:

Review and acceptance the Measure N Independent Accountants’ Report on applying agreed-upon procedures for fiscal year ending June 30, 2024.

Background Discussion:

The City, as part of the voter approved Measure N sales tax override, must have an annual procedural review of the uses of Measure N funds. M. Green and Company has performed this review, which is attached.

There were two findings for fiscal year 2023/2024 (FY 23/24). A squad vehicle and related vehicle replacement costs were inadvertently booked to the incorrect fund. The error was corrected in FY 23/24. In addition, a wire for an invoice in the amount of $20,361 was not accrued at year end. The wire year end process has been reviewed and updated to help ensure accruals are not missed in the future.

This procedural review did not include financial management and accounting practices. The purpose of this procedural review is to ensure that Measure N funds are used in accordance with the ballot measure program guidelines, and expenditure plan for the fiscal year ended June 30, 2024. The financial management and accounting practices are included in the City’s annual audit.

This is a discussion of the procedural review and is not intended as a conservation about plan adjustments or other operational issues. If such adjustments are desired, they should be raised as part of a separate Council discussion.

In November of 2016, the voters of Visalia passed a ½ cent Sales Tax Override, Measure N - The Visalia Essential City Services Measure. Sales tax from Measure N will provide for essential city services such as police and fire, as well as maintenance of parks, trails, roads, and City facilities. As part of the measure, Council adopted an accountability ordinance (Ordinance 16-21) to establish accountability measures as outlined below:

Revenue Requirements:
· 10% of budgeted revenues must be deposited in a Measure N Uncertainty Fund. Money can only be accessed from this fund during a fiscal emergency; · 10% of budgeted revenues must be deposited into the following categories:

Visalia City Council Printed on 1/16/2025Page 1 of 4
powered by Legistar™
60 File #: 24-0506 Agenda Date: 1/21/2025 Agenda #: 4.
o 2% Youth Programs
o 8% Maintenance and Emerging Needs
Expenditure Requirements:
· Money shall not be used for debt service payments;
· Annual expenditure plan must be approved by Council after the following has occurred:
o City Manager makes a recommendation to City Council and makes changes as requested;
o Comments and recommendation received by Sales Tax Oversight Board; o Two Public Hearings are held at regular Council Meetings to consider expenditure plan.

Sales Tax Oversight Board:

Board will consist of 11 members that will serve two-year terms. Members may be reappointed to serve up to two additional two-year terms (total of 3 terms). Members are selected in the following manner:
· Each Council member shall select one member;
· The Citizens Advisory Committee (CAC) shall select two members; · Visalia Economic Development Corporation shall select one member; · Hispanic Chamber of Commerce of Tulare/Kings County or Visalia Chamber of Commerce shall select one member;
· Downtown Alliance that represents Property Based Improvement District or Downtown Merchants shall select one member;
· Home Builders Association or Board of Realtors shall select one member.

Expenditure Requirements:

Annual procedural review - Each year, the City shall provide an annual Independent accountants’report on applying agreed-upon procedures to account for the tax revenues received and expenditures made to ensure consistency with the program guidelines and expenditure plans. This report completes this requirement.

Effectiveness Reviews:

The ballot measure ordinance requires an effectiveness review every 8 years from the operative date of the ordinance. The operative date is April 1, 2017; thus, the first review will occur on or before April 1, 2025.

During the review, Council will hold a public hearing to review the progress of the Measure N plan and the continuing need for the sales tax measure. To continue the sales tax measure, 4/5ths of the City Council must affirm the tax.

Fiscal Year 2023/24 (FY 23/24) Financials (ACFR document pg. 32 & 36) Details of the Measure N fund can be found on pages 32 & 36 of the City of Visalia Annual Comprehensive Financial Report (ACFR) for fiscal year ended June 30, 2024.

The approved FY 23/24 expenditure plan and actual expenditures are shown in Table I - Measure N Revenue & Expenditure Summary - FY 23/24. The table is a summary for the four Measure N Funds which are Essential Service, 2% Youth, 8% Maintenance & Emerging Needs, and the Economic Uncertainty Fund.

Measure N sales tax revenue decreased $1.1 million (5.6%) over the prior year. Total expenditures for the fiscal year were $21.5 million which included a $1.6 million adjustment required by GASB 96 for the recording of Subscription-Based Information Technology Arrangements (SBITA) or Body Worn Cameras (5year term).

Without this required entry, revenues would have covered expenditures for the year despite the decrease in revenues. For the year, fund balance increased by $0.3 million.

Visalia City Council Printed on 1/16/2025Page 2 of 4
powered by Legistar™
61 File #: 24-0506 Agenda Date: 1/21/2025 Agenda #: 4.

Table I - Measure N Revenue & Expenditure Summary - FY 23/24

REVENUES
Final
Budget Actual
Sales Taxes 19,669,500$ 18,394,594$
Interest Earnings & Miscellaneous 228,000 1,706,882 Grants - Police - 35,611
Total Revenues 19,897,500 20,137,087

EXPENDITURES
General Government (1,994,000) (235,867)
Public Safety:

Fire (1,701,000) (1,628,256)
Police (5,933,100) (6,318,012)
Community Services (884,265) (757,760)
Capital Outlay (12,506,406) (12,214,788)
Debt Service (Note 7)
Principal - -
Interest and Fiscal Charges - -
SBITA-Principal ** - (279,520)
SBITA-Interest ** - (33,173)
Total Expenditures (23,018,771) (21,467,376)
Revenues Over (Under) Expenditures (3,121,271) (1,330,289) Other Financing Sources (Uses)
Subscription Assets Acquired - 1,644,951 Total Other Financing Sources (Uses) - 1,644,951 Net Change in Fund Balance (3,121,271)$ 314,662
Fund Balance Beginning of Year 36,585,593
Fund Balance - End of Year * 36,900,255$
* Included in the end of year fund balance is the Economic Uncertainty Fund of $1,966,950 (10% of the annual budgetd sales tax revenue). **GASB 96 requires City to record certain Subscription Based Information Technology (SBITA) Arrangements.

Measure N
Amongst the four funds, Measure N has a fund balance of $36.9 million which includes the Economic Uncertainty Fund of $2.0 million. The remaining $34.9 million has $10.7 million in committed capital projects that rolled into fiscal year 2024-25 leaving $24.2 million available as shown in Table II - Measure N Fund Balance. It is important to have cash available in each category to be able to advance projects in the plan (if needed) and/or cover higher costs than what was outlined in the plan.

Visalia City Council Printed on 1/16/2025Page 3 of 4
powered by Legistar™
62 File #: 24-0506 Agenda Date: 1/21/2025 Agenda #: 4.

Table II - Measure N Fund Balance
Beginning
Fund
Balance
23/24
Revenues
23/24
Expenditures
Other
Financing
Sources and
(Uses)
Ending
Fund
Balance
CIP Rolled
into FY
24/25
Fund
Balance
Remaining
Essential Services 28,844,549 17,760,057 21,317,773 1,644,951 26,931,784 9,135,103 17,796,681 8% Maint & Emerging Needs 4,868,745 1,883,701 14,022 - 6,738,424 1,556,474 5,181,950 2 % Youth Programs 943,919 454,759 135,581 - 1,263,097 - 1,263,097 Measure N Operating Funds 34,657,213 20,098,517 21,467,376 1,644,951 34,933,305 10,691,577 24,241,728 Economic Uncertainty 1,928,380 38,570 - - 1,966,950 - 1,966,950 Measure N Total 36,585,593 20,137,087 21,467,376 1,644,951 36,900,255 10,691,577 26,208,678 Annual independent accountants’ report on applying agreed-upon procedures:

As required by the Ordinance, the City engaged in M. Green and Company to attest that the City has used the money as required in the ballot measure. The independent accountants’report on applying agreed-upon procedures assures that these funds are handled properly, assisting City management in providing the highest level of accountability for Measure N funds.

This report prepared by M. Green and Company is attached. The report confirmed that the plan is being implemented and adjusted according to the ballot measure, program guidelines and expenditure plan.

The measure N independent accountants’report on applying agreed-upon procedures was presented and accepted by the Measure N Oversight Board at their January 9, 2025 meeting.

Fiscal Impact: N/A
Prior Council Action: June 17, 2024 Measure N Budget adoption.

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

Move to accept the Measure N independent accountants’ report on applying agreed-upon procedures from M. Green and Company for the fiscal year ending June 30, 2024.

Environmental Assessment Status: N/A
Attachments: Independent accountants’ report on applying agreed-upon procedures Visalia City Council Printed on 1/16/2025Page 4 of 4
powered by Legistar™
63 CITY OF VISALIA

INDEPENDENT ACCOUNTANTS' REPORT ON

APPL YING AGREED-UPON PROCEDURES

MEASURE N
FOR THE FISCAL YEAR ENDED JUNE 30, 2024
M. GREEN AND COMPANY LLP
Certified Public Accountants
64 Page No.

Independent Accountants' Report on Applying Agreed-Upon Procedures ........... ......... .... ... .......... 1 65 City Council

INDEPENDENT ACCOUNTANTS' REPORT

ON APPLYING AGREED-UPON PROCEDURES
City of Visalia and Measure N Sales Tax Oversight Board 707 W. Acequia
Visalia, CA 93291-6100
We have performed the procedures enumerated below with respect to the administration, financial management and accounting of the City of Visalia's (City) Visalia Essential City Services Sales Tax (Measure N) funds for the fiscal year ended June 30, 2024. The City's management is responsible for the City's administration, financial management and accounting for Measure N.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose, solely to assist the City and the independent Measure N Sales Tax Oversight Board in regards to Measure N. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and associated findings are as follows:
(1) We obtained and reviewed the City's Measure N commitments as expressed in the Measure N ballot measure from the November 8, 2016 election, the Enabling Ordinance including accountability measures adopted by the City Council, the Board of Equalization Agreements for implementation and administration of additional sales tax, and the City Council approved initial expenditure plan, annual expenditure plan and any amendments, as applicable for the current fiscal year.

Findings: None
(2) We identified and documented the following Measure N compliance provisions, as interpreted \)y the City Council adopted enabling ordinanc~ and interim progress report reported to City staff:
a. Administrative procedures
b. Accounting control (including budgetary) procedures
Findings: None
(3) We updated our understanding of the City's implementation of the material administrative compliance procedures.

Findings: None
66 (4) We updated our understanding of the City's implementation of the material accounting control procedures and determined if the following were implemented or maintained:
a. establishment of an initial spending plan specifying the uses of the proceeds of the sales or use tax for the period between implementation of the sales and use tax and the end of the subsequent fiscal yea~ and,
b. establishment of an annual expenditure plan, as part of adoption of an annual City General Fund budget, specifying the uses of the proceeds of the sales or use tax for the coming fiscal year prior to the expiration of the initial expenditure plan; and, c. that any amendments to the initial expenditure plan and subsequent annual expenditure plan were made by resolution adopted by a majority of the Council following:
i. submission for comment and recommendation to the Measure N Sales Tax Oversight Committee and
ii. public hearing during at least two regularly scheduled and appropriately noticed meetings of the City Council; and,
d. that the initial expenditure plan, any subsequent annual expenditure plan and any amended expenditure plans were made publicly accessible at all times; and, e. establishment of a separate "Economic Uncertainty" fund within the Measure N fund(s) of 10% of the budgeted Measure N sales tax proceeds for the coming plan year; and, f. establishment of separate "Maintenance and Emerging Needs" funds within the Measure N fund(s) of (1) 8% of the budgeted Measure N sales tax proceeds for the coming plan year and (2) 2% of the budgeted Measure N sales tax proceeds which shall be used for youth programs; and, g. that none of the Measure N sales tax proceeds were used to pay annual debt service requirements.

Finding:

The Measure calls for the establishment and funding of an Economic Uncertainty Fund in the amount of 10% of the annually budgeted revenues. The Measure N Economic Uncertainty Fund balance as of June 30, 2024, was $1 ,966,950. The amount for the Measure N Economic Uncertainty Fund met the required 10%.

The Measure also calls for the establishment and funding of a Maintenance and Emerging Needs Fund in the amount of 10% of the annually budgeted revenues of which 2% of the budgeted revenues shall be used for youth programs. The Maintenance and Emerging Needs Fund and The Maintenance and Emerging Needs Fund - Youth Fund were both funded during the fiscal year June 30, 2024, in the amount of $1 ,573,600 and $393,400, respectively which met the required percentages. (5) We traced all Measure N monies remitted by the California Department of Tax and Fee Administration to determine whether they were properly deposited into the appropriate Measure N fund.

Findings: None
(6) We performed procedures to verify the summaries of Measure N receipts, disbursements and unexpended funds pertaining to the fiscal year 2023-2024 as prepared by the City.

Findings:

Police
The Annual Measure N Plan calls for the hiring of 25 police officers and 12 police professional staff during the current fiscal year. Our review indicated that 25 police officers and 11 police professional staff were hired as of June 30, 2024. Therefore, one police professional staff position was vacant as of June 30, 2024 and is currently being recruited.
2 67
Fire
The Annual Measure N Plan calls for the hiring of nine fire employees (a Battalion Chief, Administrative Capitan, EMS Coordinator and six Paramedics) during the current fiscal year. Our review indicated that nine fire employees were hired in accordance with plan objectives. However, as of June 30, 2024, there were only six fire employee positions filled and the three open positions are being recruited.

Parks and Recreation
The Annual Measure N Plan calls for the hiring of four parks and recreation employees. Our review indicated that two parks and recreation maintenance employees, an urban forest employee and a recreation coordinator were hired in accordance with the Annual Measure N Plan.

Youth Programs
The Measure N Plan called for the implementation of a Clubhouse Networking program in a previous year which rolled-over to the current fiscal year and the Youth Programs Fund was able to fund various hourly employees working on the Clubhouse Networking program in accordance with the Plan.

Findings:

We found that the Capital Improvement Program expenditures are generally proceeding in accordance with the Annual Measure N Plan. Measure N Funds include a capital project roll-over policy consistent with all City projects and funds where projects approved and possibly started but not completed in one fiscal year may roll-over into the next fiscal year until completed.

Police
As of June 30, 2024, 24 police officer vehicles and three police professional staff vehicles had been purchased. The Measure N Plan called for the purchase of an additional police officer vehicle in the fiscal year 2021-2022, one additional police officer vehicle in the fiscal year 2022-2023 and one police officer vehicle replacement in the fiscal year 2023-2024. The shortage of vehicles that has occurred since the pandemic continued to delay the purchase of vehicles. The remaining three vehicles were ordered and were received in the 2024-2025 fiscal year.

Fire
The capital Improvement Program expenditures for design and construction of Station 51 had been delayed due to the advancement of relocating Fire Station 56 within the Annual Measure N Plan. Land previously purchased for Station 56 during the 2018-2019 fiscal year was sold in the 2021-2022 fiscal year and land for a new location was purchased during the same fiscal year. The station 56 project was completed and occupied in August of 2024. The station 51 project construction management services was awarded to Griffin Structures Inc. on November 4, 2024. The Station 51 project is still in the design phase.

The Annual Measure N Plan also called for the purchase of a squad vehicle during the fiscal year 2022-2023 which was purchased during the current year for $78,714, the asset and the asset's related vehicle replacement costs were inadvertently booked to the General Fund. As soon as the error was noted a journal entry was made to correct the asset and depreciation schedule to reclassify the asset's related vehicle replacement costs to the Measure N Fire Fund.

Recommendation: ,
We recommend that the City staff ensure that all Measure N Capital Improvement Program asset's and related vehicle replacement costs are recorded to the correct fund.

Management Response:

City Staff has implemented a procedure to review any Capital Improvement Program expenses that have been reclassed to verify the asset's and related vehicle replacement costs are recorded in the correct fund.
3 68
Roads
Various street maintenance projects have been completed in fiscal year 2023-2024 in accordance with the Measure N Plan. $4,719,459 had been expended during the fiscal year ended June 30, 2024. We did note that one invoice reviewed in the amount of $20,361 was expensed and the wire transfer was made in the current year and it should have been accrued in Measure N Fund during the previous fiscal year.

Parks and Recreation
No Capital Improvement Program expenditure amounts had been included in the Annual Measure N Plan or expended as of June 30, 2024.

Other
The Annual Measure N Plan calls for a Downtown Street Light System. $1,186,898 had been expended during the fiscal year ended June 30, 2024. We did note that one invoice reviewed in the amount of $689,190 was expensed and the wire transfer was made in the current year and it should have been accrued in Measure N Fund during the previous fiscal year.

Maintenance and Emerging Needs
Various building maintenance projects have been completed in accordance with the Measure N plan of which, $2,053 had been expended during the fiscal year ended June 30, 2024.

Youth Programs
No Capital Improvement Program expenditure amounts had been included in the Annual Measure N Plan or expended as of June 30, 2024.

Recommendation:

We recommend that the City staff ensure that all wire transfers made subsequent to the fiscal year end are properly recorded in the correct fiscal year.

Management Response:

City staff has implemented processes to ensure that all wire transfers are recorded in the correct fiscal year.
(7) We conducted an exit interview with City staff representatives.

Findings: None
We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to, and did not conduct an examination or review engagement, the objective • of which would oe the expression of an opinion or conclusion, respectively, on administration, financial . management and accounting. Accordingly, we do not express such an opinion or conclusion. Had we performed • additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City's management and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement. 4 69
This report is intended solely for the information and use of the City Council, City management and the Measure N Sales Tax Oversight Board and is not intended to be and should not be used by anyone other than those specified parties. However, this report is a matter of public record and its distribution is not limlted.

November 15, 2024
Visalia, California
5 Very truly yours,
fVl . C1rJUtA1 aMd t~- l{jJ
M. GREEN AND COMPAN~ -LL~ {f
Certified Public Accountants
70 (July1, 2023– June 30, 2024)
71  The Measure is a 1/2 cent Sales Tax for essential City services such as Police, Fire, Recreation, as well as
maintenance of parks, roads, and City facilities.
 The Measure uses a detailed 10-year plan.
 Measure N was approved by the voters November 2016 and became effective April 1, 2017.
72  Revenues:
• 10% of budgeted revenues go to the Uncertainty Fund for a fiscal emergency. • 10% of budgeted revenues go to the following programs:
2% Youth Programs
8% Maintenance and Emerging Needs
 Expenditures:
• Money shall not be used for debt service payments
• Annual expenditure plan must be approved by Council after the following has occurred:
City Manager makes a recommendation to City Council.
Comments and recommendation received by Sales Tax Oversight Board. Two public hearings are held at regular Council Meetings. 73  Sales Tax Oversight Board
• Board consists of 11 members that are appointed as specified in the plan. • Reviews Measure N budgets prior to adoption
• Reviews Independent Accountants’ Report on Applying Agreed-Upon Procedures  Independent Accountants’ Report on Applying Agreed-Upon Procedures
• An Independent Auditor will annually review tax revenues received and expenditures from the measure, to ensure compliance with the Ballot Measure, Program Guidelines and Expenditure plans.
 Effectiveness Review
• Review the progress of the Measure N Plan and the continuing need for the sales tax measure at a City Council meeting before April 1, 2025, and every 8 years thereafter.
74 Report Completed by M. Green and Company for Fiscal Year ending June 30, 2024.
There were two findings:
• A Squad vehicle and vehicle replacement costs were inadvertently booked to the incorrect fund. The error was corrected in FY 23/24. • A wire for an invoice in the amount of $20,361 was not accrued at year end.

The year end process to accrue wires has been updated.
The Measure N Oversight Committee reviewed the report for fiscal year 23/24 on January 9, 2025.
5 75

REVENUES
Final
Budget Actual
Sales Taxes 19,669,500$ 18,394,594$
Interest Earnings & Miscellaneous 228,000 1,706,882 Grants - Police - 35,611
Total Revenues 19,897,500 20,137,087

EXPENDITURES
General Government (1,994,000) (235,867)
Public Safety:

Fire (1,701,000) (1,628,256)
Police (5,933,100) (6,318,012)
Community Serv ices (884,265) (757,760)
Capital Outlay (12,506,406) (12,214,788)
Debt Service (Note 7)
SBITA-Principal ** - (279,520)
SBITA-Interest ** - (33,173)
Total Expenditures (23,018,771) (21,467,376)
Revenues Over (Under) Expenditures (3,121,271) (1,330,289) Other Financing Sources (Uses)
Subscription Assets Acquired - 1,644,951 Total Other Financing Sources (Uses) - 1,644,951 Net Change in Fund Balance (3,121,271)$ 314,662
Fund Balance Beginning of Year 36,585,593
Fund Balance - End of Year * 36,900,255$
* Included in the end of year fund balance is the Economic Uncertainty Fund of $1,966,950 (10% of the annual budgetd sales tax revenue). **GASB 96 requires City to record certain Subscription Based Information Technology (SBITA) Arrangements.

Measure N
76 77
Beginning
Fund
Balance
23/24
Revenues
23/24
Expenditures
Other
Financing
Sources and
(Uses)
Ending
Fund
Balance
CIP Rolled
into FY
24/25
Fund
Balance
Remaining
Essential Services 28,844,549 17,760,057 21,317,773 1,644,951 26,931,784 9,135,103 17,796,681 8% Maint & Emerging Needs 4,868,745 1,883,701 14,022 - 6,738,424 1,556,474 5,181,950 2 % Youth Programs 943,919 454,759 135,581 - 1,263,097 - 1,263,097 Measure N Operating Funds 34,657,213 20,098,517 21,467,376 1,644,951 34,933,305 10,691,577 24,241,728 Economic Uncertainty 1,928,380 38,570 - - 1,966,950 - 1,966,950 Measure N Total 36,585,593 20,137,087 21,467,376 1,644,951 36,900,255 10,691,577 26,208,678 78 79
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0569 Agenda Date: 1/21/2025 Agenda #: 1.

Agenda Item Wording:
2024 USATF National Junior Olympic Cross Country Championships Visalia City Council Printed on 1/16/2025Page 1 of 1
powered by Legistar™
80 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0542 Agenda Date: 1/21/2025 Agenda #: 2.

Agenda Item Wording:
2024 TCAG Local Motion Awards
· Outstanding Transportation Beautification Project
o Houston Ave Roundabout Landscaping - Project Manager Cody McLaughlin · Innovative & Sustainable Transportation Project
o County Center Street Rehabilitation with Class IV Bike Lanes - Project Manager Diego Corvera
Visalia City Council Printed on 1/16/2025Page 1 of 1
powered by Legistar™
81 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0125 Agenda Date: 1/21/2025 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Printed on 1/16/2025Page 1 of 1
powered by Legistar™
82 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0387 Agenda Date: 1/21/2025 Agenda #: 2.

Agenda Item Wording:

Authorize the City Manager to sign a contract with Gold Coast K-9 - Authorize the City Manager to approve a five-year service contract with Gold Coast K-9 located in Ventura, CA in the amount of $90,000 and appropriate $27,000 from the General Fund.

Deadline for Action: 1/21/2025
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Lieutenant Mona Whaley, ext. 4205, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> Department Recommendation:

Authorize the City Manager to sign a 5-year service contract with Gold Coast K-9 in the amount of $90,000 and appropriate $27,000 from the General Fund. While the final contract has not been finalized, the contract will not be signed until it has been reviewed and approved by the City Attorney, Finance Director and Risk Manager.

Summary:

The Visalia Police Department Canine Unit consists of six police service canine positions including five patrol canine positions and one narcotics detection canine. The Department is recommending entering into a contract with Gold Coast K9 to take over our K9 team training. Gold Coast K9 has been in business for over 30 years, and they specialize in training police canine teams. Gold Coast K9 has proven to be a leader in producing consistently high standards for canine teams. Gold Coast K9 will provide local police service dog maintenance training in both patrol and detection.

Background Discussion:

The Visalia Police Department has utilized police service canines for more than forty years. Police canines can be utilized to assist in searching, tracking and locating people or evidence beyond the abilities of their human partners. They can also be deployed in situations to minimize risk to police officers, enhancing officer safety. Beyond the service enhancement benefits provided by canines, they are utilized in various community outreach events and public engagements.

To maintain proficiency in these areas, canine teams must train consistently. The recommended minimum training standard, set by the California Commission on Peace Officer Standards and Training (POST), is 16 hours a month with an annual evaluation. To reach this training threshold, one training day would be an eight-hour block training with Gold Coast’sPOST certified trainer while the remaining days each month would be two to three-hour trainings with the handler and canine during the work shift.

Visalia City Council Printed on 1/17/2025Page 1 of 2
powered by Legistar™
83 File #: 24-0387 Agenda Date: 1/21/2025 Agenda #: 2.

Recently the Visalia Police Department Canine Unit utilized an in-house K9 trainer. Due to changes within the unit, the Department is required to locate a new K-9 training provider to ensure compliance with best practices and legal mandates. Department staff began reviewing training providers, including Gold Coast K9, Law Dog K9, and Meyers K9. The City’smost recent canine acquisitions were made from Gold Coast K9 which included having Visalia’sassigned canine handlers attend Gold Coast's basic handler training before going into service. Gold Coast's canines and subsequent training have met the department's high standards and have been successful additions to the Canine Unit. Additionally, multiple local agencies currently utilize Gold Coast K9 to purchase and train their canines/handlers, creating an operational consistency with our law enforcement partners should the need for mutual aid arise.

Due to the urgency for a need of obtaining a trainer, the Department obtained quotes from the three vendors listed above in lieu of the traditional bid process. Gold Coast K9 was the least expensive.

This quote includes a local day training each month and access to 3 additional training days at Gold Coast’s training facility in Ventura.

At this time, the Department has (2) canines, but it is anticipated the number will increase as more canines are acquired. This price is bundled for the K9 unit as a whole.

Fiscal Impact:

Process a budget adjustment in 2102 for $9,000 for K-9 training services for the remaining expenditure in FY 24/25 and budget $18,000 for FY 25/26. The ongoing annual expenditure will be budgeted during the bi-annual budget process. The annual cost of $18,000 is for the entire canine unit.

Prior Council Action: None.

Other: N/A
Alternatives: Deny the contract and provide alternative direction.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to sign a 5-year service contract with Gold Coast K-9 in the amount of $90,000 and appropriate $27,000 from the General Fund.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Attached quote from Gold Coast K-9.

Visalia City Council Printed on 1/17/2025Page 2 of 2
powered by Legistar™
84 Proposal: Police Service K9
Rodney Spicer
Founder, Gold Coast K9
PO Box 5009, Ventura, CA 93005 • 805 647 1799 • www.goldcoastk9.com

CONFIDENTIAL
8200 Waters Rd.

Moorpark, CA 93021
Visalia Police Department K9 Unit
Mona Whaley,
Thank you for the trust in our team and your patience as we delivered this proposal for police K9 services.

As discussed, we are providing a basic breakdown for Police Service K9 training and purchase.

We are confident in our ability to provide the Visalia Police Department with the correct K9 solution to meet your unique unit requirements. We trust our experience i n providing top-notch police K9 services that will provide a better and safer overall operating environment. We are looking forward to establishing a valuable program and developing a truly special solution for your team. Please let us know how we can further support.

Sincerely,
Rodney Spicer
President/Founder

OBJECTIVE
January 7th, 2025
85 2
Proposal

CONFIDENTIAL
PO Box 5009, Ventura, CA 93005 • 805 647 1799 • www.goldcoastk9.com Train Police Service Dogs and handlers in a clear, consistent, and humane manner for Law Enforcement and select private entities with an emphasis on Patrol and Detection that meet certification standards.

BACKGROUND
Gold Coast K9 is a premier dog training and services company and our team has decades of experience finding, developing, and employing some of our Nation’s top police service K9s. We understand the importance of various environments and how each dog and handler team must be prepared for their duties.

I can assure you that a few minutes of time with us will be valuable, extremely educational, and will make a significant difference in your institution’s operational capabilities.

We understand the need for a quality police K9 program. Whether used for dual purpose or only detection, the K9 team is unmatched in its extreme ability to perform where any other human or machine system fails.

To be clear, our team understands exactly how best to employ K9 protection and detection services in your unique environment, and currently does so with over 2000 K9s in over 450 units across America and overseas.

We have over 35 years of experience providing high-quality police and military training, dogs, and services for their special and dynamic environments. We understand how important it is to have the right type of dog for these areas of operation - social yet determined and work oriented. Our dogs are used in homes, schools, global corporations, law enforcement, and military all over the world. We are experts in upgrading or establishing handler training and selection, K9 training and audit, and equipment tes ting and purchase programs, based on the most current trends and information. Our close security and law enforcement community relationships allows us special insights in the full, real-world training and security picture. • “P.O.S.T. Canine Evaluator Course” (8 hours), San Diego County Sheriff’s Department, Sgt. Burt Quick • Authored twenty-one (21) K9 articles published in National/International Police K9 Magazines. • Featured speaker at National K9 conferences such as Police K9 Magazine, K9 Cop Magazine, “HITS” Handler Instruction & Training Seminar, LA County Police K-9 Association, Arizona Law Enforcement Canine Association, S.K.I.D.D.S. (S.W.A.T. K9 Interacting During Deployment School) Challenge, Los Angeles County Sheriff’s Department Century Station, and numerous Agencies across the Country. • Attorney consulted in prevention and litigation.
86 3
Proposal

CONFIDENTIAL
PO Box 5009, Ventura, CA 93005 • 805 647 1799 • www.goldcoastk9.com Certified judge and decoy
• Certified Decoy, Protection Sport Association (PSA)
• “Judge” and “Bad Guy” for National Association of Protection Dogs. • “Judge” for K9 Pro Sports.
• “Judge” for International Protection Dog League.
• “Judge” Acton Tough Dog Open. Acton, Maine.
• Selected for “helper work” at the Schutzhund Regional Championship for California, Arizona, Nevada , and Utah.
• S.K.I.D.D.S. (S.W.A.T. K9 Interacting During Deployment School) Challenge. California. • Instructor, Los Angeles County Sheriff’s Department “Reality Based Detection”. • Instructor, Arizona Law Enforcement Canine Association “Electronic Dog Training Collar” Scottsdale, AZ.

Provides Monthly and Weekly K9 Maintenance training for the following agencies Culver City PD, Arcadia PD, Manhattan Beach PD, California Department of Corrections, Kings County Sheriff’s Department, Hanford PD, Avenal PD, Tulare PD, Hermosa Beach PD, Bell Gardens PD, Google North America, Seal Beach PD, Santa Barbara PD, Ventura County Sheriff’s, Gardena PD, California Department of Fish and Wildlife, Huntington Park PD, San Lous Obispo Sheriff’s, South Gate PD, Gavin DeBecker & Associates, Los Angeles County Sheriff’s, Disneyland.

Police Dogs sold to the following agencies, not limited to Culver City Police Department, CA, West Covina Police Department, CA, Las Vegas Metro, NV, LAPD, CA, LASO, CA, Manhattan Beach Police Department, CA, Douglas County, CO, Fort Collins Police Department, CO, Parker Police Department, CO, G.W. Correctional, P A, Elk Grove Police Department, CA, Sacramento Sheriff’s Department, CA, Littleton Police Department, CO, Merced Sheriff Department, CA, Modesto Police Department, CA, Grass Valley Police Department, CA, Folsom Police Department, CA, Phoenix Police Department, AZ, Gilbert Police Department, AZ, Oxnard Police Department, CA, Port Hueneme Police Department, CA, Gardena Police Department, CA, San Francisco Police Department, CA, San Francisco Parks Police Department, CA, Sutter County Sheriff’s Department, CA, El Dorado Sheriff’s Department, CA, National City Police Department, CA, Monrovia Police Department, CA, Santa Barbara SO, CA, Lansdowne Police Department, PA, Fort McDowell, AZ, LA Port Police, CA, Long Beach Police Department, CA, Moapa Police Department, NV, Mont ebello Police Department, CA, Placentia Police Department, CA, Ventura Youth Correctional, CA, Special Forces Tier One, Caln PD Township, PA, Golden Police Department, CO, North Las Vegas Police Department, NV, South Gate Police Department, CA, Kings County Sheriff’s Department, CA, Pima County Sheriff’s Department, AZ, Placer County Sheriff’s Department, CA, Hanford Police Department, CA, Hermosa Police Department, CA , Bell Gardens Police Department, CA, Inglewood Police Department, CA, Pittsburgh Sheriff’s Department, PA, South Gate Police Department, CA, San Carlos Police Department, 87 4
Proposal

CONFIDENTIAL
PO Box 5009, Ventura, CA 93005 • 805 647 1799 • www.goldcoastk9.com CA, D.O.D., Kingman Police Department, AZ, Binghamton Police Department, NY, Broome County Sheriff’s Department, NY, Upper Darby Police Department, PA, Borough of Norwood, PA, California Highway Patrol, CA, Disneyland, MGM Hotel, LV, Wynn Hotel, LV, Google North America, Visalia PD, Tulare PD, El Monte PD.

DOG TEAM CAPABILITIES
Gold Coast K9 provides monthly K9 maintenance training to the community standard that will include, but not be limited to, the following areas:
• Obedience & Agility
• Evidence Search
• Building Searches – Inaccessible & Accessible
• Area Searches – Inaccessible & Accessible
• Yard Searches- Inaccessible & Accessible
• Tunnel system
• Apprehension without contact (“Call offs”)
• Apprehension with contact
• Handler Protection
• Vehicle clearing
• Muzzle
• Electronic dog training collar
• Passive apprehension
• Stress inoculation
• Sound stimulator
• problem solving in a clear consistent humane manner
• case law
• All K9 training is supervised by professional, certified dog trainers • At the conclusion of all training sessions teams will be debriefed and given corrective measures if necessary
• All K9 teams will be certified annually in patrol and detection by a California K9 P.O.S.T. evaluator or an equivalent Bona Fide certifying organization at no additional cost 88 5
Proposal

CONFIDENTIAL
PO Box 5009, Ventura, CA 93005 • 805 647 1799 • www.goldcoastk9.com

STATEMENT OF WORK OVERVIEW
The Police Service K9 will consist of the following deliverables:

1. Gold Coast K9 will conduct all training in accordance with the Visalia Police Department K9 Unit Policy and utilize training methods accepted within the profession and designed to meet POST training standards, NPCA or CNCA.

2. Additional training fees for specific or remedial needs, whether individual or team, are subject to negotiation.

3. The Visalia Police Department will be responsible for:
a. Any changes of requested K9 or K9 team deliverables via email or writing. b. Provide a properly selected and vetted officer for handler training. c. K9 equipment
d. Transportation
e. Lodging

PRICING STRUCTURE
Below is the pricing structure for the dog and handler services:

1. 2.

For the services to be provided, Gold Coast K9 will charge the K9 Unit $18,000.00 annually, which equals $1,500.00 per month.

Weekly maintenance is up to two (2) visits per month, once at our facility and once in Visalia or near by. Training will be in both patrol & detection.
89 6
Proposal

CONFIDENTIAL
PO Box 5009, Ventura, CA 93005 • 805 647 1799 • www.goldcoastk9.com

SIGNATURES
I attest that I am duly authorized and can accept this proposal on behalf of my company or myself, and that I have read, understand, and agree to the contents of this proposal.

Visalia Police Department Representative
Client Signature __________________________________________ Print Name ______________________________________________ Date ___________________________________________________ Gold Coast K9 Representative
Signature:

Print Name: Rodney Spicer
Date: January 7th, 2025
90 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0462 Agenda Date: 1/21/2025 Agenda #: 3.

Agenda Item Wording:

Fiscal Year 2025-26 Federal Congressional Community Project Funding Requests - Approve the submittal of federal Congressional Community Project Funding requests for the upcoming 2025- 26 Fiscal Year.

Deadline for Action: 1/21/2025
Submitting Department: Administration
Contact Name and Phone Number:

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

Staff recommends that the City Council approve the submittal of three (3) federal Congressional Community Project Funding requests for the upcoming 2025-26 Fiscal Year, including $4 million for the Riggin Avenue Safety Improvement Project, $3.5 million for the development of Groundwater Recharge Basin F, and $2 million for the Mobile Emergency Operations Command Center and security barriers.

Background Discussion:

With the seating of the 119th United States Congress having occurred on January 3, 2025, preparations are beginning to be made by the Offices of both Congressman Costa and Fong to begin receiving federal Congressional Community Project Funding (CPF) requests (commonly known as earmarks), which provide direct federal funding to selected projects. In the 2023-24 Fiscal Year, the City requested $3.5 million and received CPF funding of $700,00 from Congressman Costa for the development of Groundwater Recharge Basins. In the current 2024-25 Fiscal Year, the City requested $3 million and has tentative CPF funding of $2 million from Congressman Fong for the Tulare Avenue Safety Improvement Project, and requested $5 million and has tentative CPF funding of $850,000 from Congressman Costa for the Downtown Main Street Improvement Project.

The City is seeking to expedite the finish of the complete streets development of Riggen Avenue between Shirk Street and St. John’s Parkway, improving the undivided unlit two-lane road without sidewalks to a median divided four-lanes with sidewalks, streetlights and Class IV bicycle lanes, with the final segment between Akers and Roeben Streets expected to begin construction in Summer 2026. Riggen Avenue is considered to have regional significance within Tulare County in serving the Visalia Industrial Park, which Measure R Regional funds have been designated by the Tulare County Association of Governments (TCAG) for the project. The project area is within Congressman Costa’s representative district, which with an estimated cost $6 million for the project segment, staff recommends the submittal of a CPG request of $4 million to Congressman Costa for consideration of support.

Visalia City Council Printed on 1/17/2025Page 1 of 2
powered by Legistar™
91 File #: 24-0462 Agenda Date: 1/21/2025 Agenda #: 3.

As previously mentioned, Congressman Costa supported a $700,000 CPF request in the 2023-24 Fiscal Year for the development of Groundwater Recharge Basins, which are located north of State Route 198 and south of the City’s planned Eastside Regional Park. Congressman Fong has expressed his interest to support a CPF for Visalia in support of groundwater recharge, which although not located in his representative district, Congressman Fong is agreeable to supporting additional CPF funding for the development of Groundwater Recharge Basins given its overall benefit to the residents of Visalia. With an estimated cost of $7.5 million, staff recommends the submittal of a CPF request of $3.5 million to Congressman Fong for consideration of support.

Congressman Fong has also expressed his interest to support a CPF for Visalia in support of the Visalia Police Department. Chief Salazar has recommended the needed replacement of the Department’s mobile emergency operations command center. In addition, in the event of its deployment to a critical incident, safety barriers would be mobilized to protect and isolate a designated area for public safety response. The mobile operations command center has an estimated acquisition cost of $1 million, and the acquisition of mobile security barriers are also estimated at $1 million.

TCAG is also considering its submittal of a CPF request to Senators Padilla and Schiff for the development of hydrogen generation to support hydrogen fuel cell zero-emission vehicles, which could be implemented in partnership with the City.

The City’s lobbyist has recommended to limit each CPF request to no more than $4 million, which as evidenced by previous CPF requests, final CPF awards are generally significantly reduced. CPF requests will likely begin to be received by Congressional Offices beginning likely in March.

Fiscal Impact:

Any CPF funding supported and received will greatly assist in the implementation of projects.

Prior Council Action: None
Other: None
Alternatives: The City Council could modify the amount requested and/or project selected for the submission of a CPF request or decline to submit requests Recommended Motion (and Alternative Motions if expected):

I move to approve the submittal of three (3) federal Congressional Community Project Funding requests for the upcoming 2025-26 Fiscal Year, including $4 million for the Riggin Avenue Safety Improvement Project, $3.5 million for the development of Groundwater Recharge Basins, and $2 million for the Mobile Emergency Operations Command Center and safety barriers.

Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Printed on 1/17/2025Page 2 of 2
powered by Legistar™
92 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0487 Agenda Date: 1/21/2025 Agenda #: 4.

Agenda Item Wording:

Authorize an Amendment and Extension to Airport Concession Agreement - Authorize the City Manager to execute an amendment and extension to the Airport Concession Agreement between the City of Visalia and the Enterprise Rent-a-Car Company for its location at the Visalia Municipal Airport.

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

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

Staff recommends that the City Council authorize the City Manager to execute an Amendment to the current Airport Concession Agreement with Enterprise Rent-a-Car Company of Sacramento, LLC, to provide two (2) additional two (2) year lease renewal options upon the conclusion of the current Agreement on March 31, 2027, resulting in a potential additional Agreement term of four (4) years until March 31, 2031.

Background Discussion:

At its meeting on May 1, 2017, the Council approved Ordinance No. 2017-04 that authorized the City Manager to execute the current Airport Concession Agreement between the City of Visalia and Enterprise Rent-a-Car Company of Sacramento, LLC, which was executed on May 16, 2017, and is set to expire on March 31, 2027. Staff is requesting authorization for the City Manager to execute an amendment and extension to the agreement to provide two (2) additional two (2) year lease renewal options, resulting in a potential lease end date of March 31, 2031. The second of the two (2) year renewal options requires mutual agreement of the parties to proceed, which protects the City’schoice to use the building that Enterprise currently occupies for other projects should the need and opportunity arise.

At its meeting on November 6, 2023, the Council authorized an amendment to the agreement, adding an additional 800 square feet to the total lease space. Enterprise would now would like to renovate its spaces to make better use of the additional square footage, however, Enterprise desires the amendment prior to that fiscal commitment to amortize its investment over the requested term.

This agreement authorizes Enterprise to operate both its rental car and truck rental services at the former airport terminal. As the Council is aware, the City is planning for the reconstruction of this facility into a new airport terminal, with a number of contingencies needing to be secured, including grant funding from the Federal Aviation Administration and a federal Community Project Funding (earmark) allocation. On December 6, 2024, City staff met with Enterprise staff to coordinate on the Visalia City Council Printed on 1/14/2025Page 1 of 2
powered by Legistar™
93 File #: 24-0487 Agenda Date: 1/21/2025 Agenda #: 4.
(earmark) allocation. On December 6, 2024, City staff met with Enterprise staff to coordinate on the City’sfuture plans for the facility, which Enterprise was supportive and wishing to coordinate and remain informed on progress and keep its rental services on the Airport.

Staff recommends the amendment and extension to the agreement, as having rental car services on- site at the Airport is something that modern airport customers desire and expect, and losing such service could lead to fewer transient flights landing resulting in a loss of income for the Airport.

Fiscal Impact:

The Airport will continue to receive rent of $2,148 monthly plus annual Consumer Price Index (CPI) adjustments until March 21, 2027, which this amendment would extend that term for a potential of four (4) additional years should Enterprise exercise the two (2) additional two (2) year lease renewal options at the conclusion of the initial term. Additionally, the City will continue to make ancillary profits from the agreement in the form of fuel sales and commercial landing fees associated with airport users that land at Visalia Airport due to the rental car services offered on-site.

Prior Council Action:

May 1, 2017: Council authorized the current Airport Concession Agreement between the City of Visalia and the Enterprise Rent-a-Car Company of Sacramento, LLC.

November 6, 2023: Council authorized an Amendment to the current Agreement between the City of Visalia and Enterprise Rent-a-Car Company of Sacramento, LLC, adding an additional 800 square feet of space to its leased space.

Alternatives:

City Council not authorize the City Manager to execute an amendment and extension to the Airport Concession Agreement between the City and Enterprise, resulting in the current Agreement remaining effective until March 31, 2027, and Enterprise likely not performing its desired renovations.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute an amendment to the current Airport Concession Agreement between the City of Visalia and the Enterprise Rent-a-Car Company of Sacramento, LLC for its location at the Visalia Municipal Airport, extending the current lease for the terms and cost specified within the staff report.

Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments: .

1. Draft Amendment to Concession Agreement

2. Amendment to Airport Lease Agreement - August 1, 2024

3. City Council Agenda Staff Report - November 6, 2023

4. Concession Agreement - May 16, 2017

5. City Council Agenda Staff Report - May 1, 2017

6. Ordinance No. 2017-04
Visalia City Council Printed on 1/14/2025Page 2 of 2
powered by Legistar™
94 Amendment to Agreement
Revised 10/2023
- 1 -

FIRST AMENDMENT TO CONCESSION AGREEMENT

This First Amendment to Concession Agreement (“Amendment”) is made and entered into effective as of the ____ day of __________, 2025, by and between City of Visalia, a Municipal Corporation of the State of California (“City”) and Enterprise Rent-A-Car Company of Sacramento, LLC, a Delaware limited liability company (“Concessionaire”).

RECITALS:

WHEREAS, City and Concessionaire previously entered into that certain Agreement dated May 16, 2017, as the same may be a mended (the “Agreement”) leasing unto Concessionaire certain areas within the Airport property (the “Premises”) commonly known as Visalia Municipal Airport, Tulare County, CA, and as more particularly described in the Agreement (“Airport”); and

WHEREAS, City and Concessionaire desire to amend the terms of the Agreement as hereinafter provided.

NOW, THEREFORE, for and in consideration of the Agreement, this Amendment , and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Concessionaire do hereby agree as follows:

1. The above recitals are hereby incorporated as a material part of this Amendment with the same force and effect as if restated in full in this paragraph.

2. All terms used in this Amendme nt which are defined in the Agreement shall have the same meaning in this Amendment as such terms have in the Agreement, as amended herein.

3. City and Concessionaire hereby agree that the Initial Term under the Agreement commenced on April 1, 2017, and th e current Term will end on March 31, 2025 (unless extended or sooner terminated as provided in the Agreement).

4. In addition to Concessionaire’s final Renewal Option through March 31, 2027 provided for in Section 2 of the Agreement, Concessionaire is hereby granted the right and option to extend the Term (each a “Renewal Option”) for two (2) successive additional periods ( “Renewal Term 2” and “Renewal Term 3”) of twenty-four (24) months each on the same terms and conditions as set forth in Section 2 of the Agreement, except as otherwise provided herein. Rent for Renewal Term 2 and Renewal Term 3 , if such Renewal Option is exercised, shall be on the same terms and conditions as set forth in Section 5 of the Agreement.

City and Concessionaire acknowledge and agree that the exercise of Renewal Term 3 by Concessionaire shall be subject to the mutual written agreement of City and Concessionaire.

5. The parties executing this Amendment represent and warrant they are authorized to execute the same.

6. Except as amended hereby, the Agreement remains in full force and effect. All terms, covenants, and conditions of the Agreement not expressly modified herein are hereby confirmed and ratifi ed and remain in full force and effect, and, as further amended hereby, constitute valid and binding obligations of City and Concessionaire enforceable according to the terms thereof. In the event 95 Amendment to Agreement
Revised 10/2023
- 2 -

there is a conflict between the terms and provisions of this Amendment and the Agreement, the terms and provisions of this Amendment shall control.

7. All of the covenants contained in this Amendment, including, but not limited to, all covenants of the Agreement as modified hereby, shall be binding upon and shall in ure to the benefit of the parties hereto and their respective heirs, legal represen tatives and permitted successors and assigns.

8. This Amendment may be executed in multiple counterparts, each of which shall be an original, but all of which shall constitute one and the same Amendment. Once executed, this Agreement merges with and becomes part of the Agreement. Each party agrees that electronic signatures of the parties included in this Amendment are intended to authenticate this writing and to have the same force and effect as manual signatures and shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by law including the Federal Electronic Signatures Act or any similar state law based on the Uniform Transactions Act, and the parties hereby waive any objection to the contrary.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year herein written.

CITY: CONCESSIONAIRE:

City of Visalia Enterprise Rent-A-Car Company of Sacramento, LLC, a Municipal Corporation of the State a Delaware limited liability company of California

By: __________________________________ By: ___________________________________

Its: __________________________________ Its: Vice President

Date: __________________________________ Date: __________________________________ 96 97
98 Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: Version: 123-0402
Status:Type: Consent Item Agenda Ready
File created: In control:10/11/2023 Visalia City Council On agenda: Final action:11/6/2023
Title: Authorize an amendment to the 2017 lease agreement between the City of Visalia and Enterprise Rent-a-Car Company of Sacramento to include approximately 800 (eight hundred) additional square feet of office space.

Sponsors:

Indexes:

Code sections:

Attachments: 1. Enterprise lease amendment-updated, 2. Enteprise Amendment Exhibit A, 3. Original Lease, 4.

Original Approved Council Item, 5. Approved Ordinance
Action ByDate Action ResultVer.

Agenda Item Wording:

Authorize an amendment to the 2017 lease agreement between the City of Visalia and Enterprise Rent-a-Car Company of Sacramento to include approximately 800 (eight hundred) additional square feet of office space.

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

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

Staff recommends that City Council authorize the City Manager to an amendment to the 2017 lease agreement between the City of Visalia and Enterprise Rent-a-Car of Sacramento to include an additional 800 (eight hundred) square feet of office space. Resulting in an additional $850.00 (eight hundred and fifty dollars) of monthly revenue to the City of Visalia’s Airport division.

Background Discussion:

On May 1st 2017 Council authorized a lease agreement between the City of Visalia and Enterprise Rent-a-Car Company of Sacramento for lobby, counter, and office space in the old Visalia Municipal Airport Passenger Terminal building, which if all options are exercised runs through May 17th of 2027.

This agreement, however, did not cover the full building, leaving additional rentable office space available, which has until recently been rented to other tenants. Now that this additional office space is available (which can be seen in the attached Exhibit A) Enterprise, and its staff would like to amend their lease agreement to encompass that space as well.

If approved this amendment would benefit Enterprise and its staff by not only giving them additional Visalia City Council Printed on 12/10/2024Page 1 of 3
powered by Legistar™99
File #: 23-0402, Version: 1
If approved this amendment would benefit Enterprise and its staff by not only giving them additional office space, but would also allow them to not have to share the building with other tenants (which has proved problematic at times even with the previous tenant only using the area one evening a week, as there is no separate entrance for the available space as previously anyone trying to gain access has to enter and pass through the Enterprise leased office to access the rear area where the door to the space in question is located). By allowing Enterprise to expand into this space, it would benefit airport by getting the space leased immediately instead of having to go through the potentially difficult and time-consuming process of finding a different tenant to fit the unique configuration of the available space or needing to remodel.

Enterprise currently pays $1,249.06 (one thousand two hundred forty-nine dollars and six cents) monthly as per the terms of the original lease agreement, this amendment would add an additional $850.00 (eight hundred fifty dollars) to that, resulting in a new monthly lease rate of $2,099.06 (two thousand ninety-nine dollars and six cents). This new monthly lease rate would be subject to the same annual Consumer Price Index (CPI) rate increases as provisioned in the original lease. The lower price per square foot rate for the additional space ($1.38 per sq ft for the original space and $1.00 per sq ft for the proposed additional space) reflects the unique nature of the space and the potential difficulty in finding another suitable tenant.

All other terms and provisions of the original lease agreement would remain in effect with no other changes proposed.

Fiscal Impact:

Visalia Municipal Airport would receive $850.00 (eight hundred and fifty dollars) of additional monthly revenue plus annual CPI rate increases from Enterprise Rent-a-Car of Sacramento over the remaining life of the lease agreement. This additional revenue goes directly towards the Airport’s operational budget, allowing greater flexibility in meeting all needs of the airport and its tenants in a timely manner.

Prior Council Action:

May 1st 2017: Council Authorized the adoption of Ordinance 2017-04 which allowed the City of Visalia to enter into a ten-year lease agreement with the Enterprise Rent-a-Car Company of Sacramento.

Alternatives: City Council could choose to not authorize the amendment to the lease agreement and direct Staff would pursue other tenant opportunities for the vacated space.

Recommended Motion (and Alternative Motions if expected):

I move to authorize an amendment to the lease agreement between the City of Visalia and the Enterprise Rent-a-Car company of Sacramento to include an additional approximately 800 (eight hundred) square feet of office space for an additional $850.00 (eight hundred and fifty dollars) monthly.

Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments:

1. Proposed Lease Amendment
Visalia City Council Printed on 12/10/2024Page 2 of 3
powered by Legistar™100
File #: 23-0402, Version: 1

2. Proposed Lease Amendment Exhibit A

3. Original Lease Agreement

4. Original Council Authorized Staff Report

5. Original Lease Agreement Ordinance .

Visalia City Council Printed on 12/10/2024Page 3 of 3
powered by Legistar™101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129

City of Visalia
Agenda Item Transmittal

Meeting Date: 5/1/2017

Agenda Item Number (Assigned by City Clerk): 8.

Agenda Item Wording: Second reading and adoption of Ordinance No. 2017-04 authorizing the lease of approximately 864 square feet of counter and office space in the Terminal Building at the Visalia Municipal Airport to Enterprise Rent A Car for $1,090.60 per month, adjusted annually based on the California Consumer Price Index, for the purpose of expanding their existing car and truck rental operations.

Deadline for Action: 5/1/2017

Submitting Department: Administration

Cont act Name and Phone Number:

Mario Cifuentez, 4480 - [email protected]

Department Recommendation: Staff recommends that the City Council approve this second reading and adoption of the attached ordinance authorizing the City Manager to execute a new concession agreement for a portion of the Air Terminal at the Visalia Airport. The new lease agreement will include an initial two (2) year term with four (4) additional options of 2 years each for a total term of ten (10) years, at an initial lease rate of $1,090.60 per month, adjusted annually by the California CPI.

Summary: This concession agreement will replace the existing agreement between Enterprise Rent a Car and the City of Visalia. The original concession agreement began in 2014 and covered approximately 140 square feet of counter space and some lobby seating in the Air Terminal. With the departure of commercial air service at the Visalia Airport in 2016, Enterprise representatives met with Airport staff to look at ways to expand their operation and separate their Truck Rental from their Car rental at the airport. This agreement will provide for more counter space and over 600 square feet of lobby space for them to add office areas.

Additionally, this agreement also allows for Enterprise to have access to 9,000 square feet of common use parking area located behind the Terminal and adjacent to the vehicle wash rack.

This concession agreement will allow them to add office space and separate their car rental operation from the Truck rentals, which are run by two separate managers and staff.

Background Discussion: At the time that Seaport Airlines pulled out, Enterprise Rent a Car was operating a car rental counter, but they had limited space available due to the amount of TSA screening equipment in the lobby area of the terminal. With the departure of the airline -103-
Item 8. - Page 1
130

came the de-federalization of the airport and removal of all screening equipment. This left the old lobby area open for other uses. Enterprise was looking for additional space to expand their Truck Rental operation and the lobby area works well for the modular office model that they like to use.

Fiscal Impact: This new concession agreement will provide $7,027.20 in additional revenue to the Airport Enterprise fund during the first year and will be adjusted by the CPI each year thereafter.

Prior Council Action: April 17, 2017, Council approved the Introduction of Ordinance No. 2017-04 authorizing the lease of approximately 864 square feet of counter and office space in the Terminal Building at the Visalia Municipal Airport to Enterprise Rent A Car.

Other: N/A.

Committee/Commission Review and Action: N/A.

Alternatives: Not approve the new agreement and risk losing both operations to a larger facility off airport.

Attachments: Proposed Ordinance, Proposed Concession Agreement, Floor plan of lobby use and Aerial of Parking Area.

Recommended Motion (and Alternative Motions if expected):

Move to approve the second reading and adoption of Ordinance No. 2017-04 authorizing the lease of approximately 864 square feet of counter and office space in the Terminal Building at the Visalia Municipal Airport to Enterprise Rent A Car for $1,090.60 per month, adjusted annually based on the California Consumer Price Index, for the purpose of expanding their existing car and truck rental operations.

Copies of this report have been provided to: N/A.

Environmental Assessment Status

CEQA Review: N/A .

-104-
Item 8. - Page 2
131

ORDINANCE NO. 2017-04

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF VISALIA

AUTHORIZING THE LEASE OF CERTAIN REAL PROPERTY AT THE

VISALIA MUNICIPAL AIRPORT TO ENTERPRISE RENT A CAR
THROUGH A CONCESSION AGREEMENT.

WHEREAS , the City of Visalia owns and operates certain rea l property commonly referred to as the Visalia Municipal Airport; and

WHEREAS , the City of Visalia desires to lease a portion of said real property inside the Air Terminal to a commercial car rental agency for the purpose of maintaining and operating separate Car and Truck Rental offices at the Visalia Municipal Airport; and

WHEREAS , Enterprise Rent A Car, is a longtime tenant of the Visalia Municipal Airport and desires to expand their operation; and

WHEREAS , the City of Visalia and Enterprise Rent A Car desi re to enter into a lease agreement for said real property; and

WHEREAS , the said real property is approximately 864 square feet of floor and counter space located in the Air Terminal Building.

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

Section 1. The City Manager of the City of Visalia be, and is hereby authorized to execute on behalf of the City of Visalia, that cert ain Concession Agreement by and between the City of Visalia as Lessor and Enterprise Rent A Car as Lessee, dated April 1, 2017, which is hereby approved and the City Mana ger of the City of Visalia is hereby authorized to execute the same on behalf of the City of Visalia.

Section 2. This ordinance shall go into effect thirty (30) days after its passage.

-105-
Item 8. - Page 3
132
Concession Agreement 4/ 20/2017 Page 1

CONCESSION AGREEMENT

VISALIA MUNICIPAL AIRPORT

AUTO RENTAL CONCESSION

THIS CONCESSION AGREEMENT ("Agreement") made and entered into this _______ d ay of ________________, 2017, by and between the CITY OF VISALIA, a Municipal Corporation of the State of California, hereinafter referred to as "CITY" and Enterprise Rent-a-car Company of Sacramento, LLC, a Delaware limited liability co mpany hereinafter referred to as "CONCESSIONAIRE",
W I T N E S S E T H:

WHEREAS CITY owns and operates the airport known as Visali a Municipal Airport located in Tulare County, California, hereinafter referred to as "Airport"; and WHEREAS automobile rental services at the Airport are esse ntial for proper accommodation of passengers arriving at and departing from the Airport; and WHEREAS CITY desires to make said service available at the Airport, and CONCESSIONAIRE is qualified, ready and able to perf orm or see to the performance for said services, and to furnish or see to the furnishing of facilities for use in connection therewith:

NOW THEREFORE , in consideration of the mutual agreements of the parties hereto, as hereinafter set forth,
IT IS AGREED between the parties hereto as follows:

1. PREMISES
CITY hereby agrees to provide CONCESSIONAIRE an ar ea of not less than one hundred forty (140) square feet for counter space a nd seven hundred and twenty-four (724) square feet of office space, within that portion of the terminal building at the Airport shown on Exhibit "A" attached hereto and incorporated by ref erence. CONCESSIONAIRE shall also have the right to utilize additional automobile storage space, not to exceed nine thousand nine -106-
Item 8. - Page 4
133
Concession Agreement 4/ 20/2017 Page 2 hundred (9,900) square feet, within the area shown on Exhibit "B" attached hereto and incorporated by reference.

2. TERM
The term of this Agreement shall be for a period of two (2) years commencing on April 1, 2017, and terminating on March 31, 2019 and four (4) sepa rate and successive options to extend this Agreement for two (2) year periods; provided howeve r, that CONCESSIONAIRE may terminate this Agreement, without cause, upon providing writt en notice to the other party, at least ninety (90) days in advance of such early termination date . The first Renewal Term will commence upon the expiration of the Initial Term. Each succ essive Renewal Term will commence upon the expiration of the previously exercised Renewal Term.

The first Renewal Option may be exercised by writt en notice from Tenant to Landlord given not later than 3 months prior to the expirati on of the Initial Term. Subsequent Renewal Options may be exercised by written notice from Ten ant to Landlord given not later than 3 months prior to the expiration of the previously ex ercised Renewal Term. No Renewal Option will lapse until Landlord notifies Tenant in writin g that Tenant has failed to timely exercise such Renewal Option and Tenant fails to exercise such Re newal Option for 10 days following receipt of Landlord’s notice.

Each Renewal Term will be upon the same terms and conditions as during the Initial Term, except as otherwise provided.

As used in this Lease, “Term” means both the Initi al Term and, to the extent Renewal Options have been exercised, the Renewal Terms, unl ess the context clearly requires otherwise.

-107-
Item 8. - Page 5
134
Concession Agreement 4/ 20/2017 Page 3

3. USE OF PREMISES
A. CONCESSIONAIRE shall have the right and obligation to use said premises for the purpose of providing automobile and Commercial Truck rental service at the Airport, and for the purpose of arranging for such services for persons using the Airport and in the local community.

B. CONCESSIONAIRE shall not cause or permit any act or thing to be done upon the premises which constitutes a nuisance, or which may disturb the quiet enjoyment of CITY, or any tenant of CITY on adjacen t or neighboring property.

CONCESSIONAIRE further agrees, that they will abate , or otherwise remedy said nuisance, within 72 hours from receiving writt en notice from the CITY. In the event CONCESSIONAIRE has not (a) taken correcti ve action within 72 hours, or (b) filed an appeal with the Airport Mana ger of the CITY of Visalia within 72 hours, then CITY may enter and abate said nuisance. Such abatement shall be at the expense of CONCESSIONAIRE, without any liability or cost whatsoever to CITY for monetary loss, or loss of an ticipated profits of CONCESSIONAIRE or others. Said appeal to the Airpor t Manager must be made in writing and be received by the Airport Mana ger of the CITY of Visalia, 9501 Airport Drive, Visalia, California 93277, with in 72 hours after CONCESSIONAIRE received notice of said nuisance.

4. NON-EXCLUSIVE RIGHT
This Agreement shall not be construed to grant an e xclusive Concession, and CITY shall have the right to deal with other individuals , firms, or corporations, for engaging in the same or other types of activity at the Airport. CI TY shall not grant to any individual, firm, or corporation other than CONCESSIONAIRE, an automobil e rental concession on terms or -108-
Item 8. - Page 6
135
Concession Agreement 4/ 20/2017 Page 4 conditions more favorable in any respect than those herein granted CONCESSIONAIRE, except schedule of payments set forth in Paragraph #5, which may vary between concessionaires due to CITY's awarding Concession Agreements on a bid basis.

5. RENT
As monetary consideration for the use of the premi ses and the rights and privileges herein granted by the CITY, CONCESSIONAIRE agrees to pay to CITY the following:

A. One Thousand Ninety and 60/100 dollars ($1,090.60) per month on or before the first day of each calendar month during the Term, a nd prorated for the fractional portion of any month.

B. Commencing April 1, 2018, and annually thereafter (including Renewal Terms, if exercised), Rent shall be adjusted based upon the p ercentage increase in the Consumer Price Index for All Urban Consumers (CPI-U ), U. S. City Average, All Items (1982-84 = 100) as established by the U. S. D epartment of Labor, Bureau of Labor Statistics, or similar successor index (th e “CPI”). Rent for each year shall be determined by multiplying the Rent for the preceding year by a fraction, the numerator of which is the CPI for the month of March of the year for which such adjustment is being made, and the denominator of which is the CPI for the month March of the preceding twelve-month period. P rovided, however, in no event shall the Rent as adjusted hereby for any Lea se year be less than one hundred one percent (101%) or greater than one hund red three percent (103%) of the Rent for the preceding year.

C. All sums due under this Agreement shall be paid in person or delivered to the CITY of Visalia at the office of Airport Administra tion, 9501 Airport Drive, Visalia, -109-
Item 8. - Page 7
136
Concession Agreement 4/ 20/2017 Page 5 California 93277, or mailed in accordance to the p rocedures for giving notice specified in Paragraph 21.

6. INSTALLATION OF SIGNS
During the term of this Agreement, CONCESSIONAIRE shall have, the following rights in regards to the installation and removal of signs:

A. CONCESSIONAIRE may install, operate and maintain a dvertising signs on the premises occupied by CONCESSIONAIRE, and at such ot her place(s) at the Airport as may be mutually agreed upon by CITY and CONCESSIONAIRE. Any signs installed, operated and maintained by CONCESS IONAIRE will be CONCESSIONAIRE's sole financial responsibility. Pri or to installation of any signs, CONCESSIONAIRE shall obtain the written appr oval of CITY as to the sign's size, design and location, and the CONCESSIO NAIRE shall obtain any and all necessary permits in compliance with the CITY of Visalia Municipal Code, Title 17, Chapter 17.48. CONCESSIONAIRE is express ly prohibited from installing any signs on the Airport advertising CON CESSIONAIRE's auto rental rates.

B. Upon the Agreement's termination, CONCESSIONAIRE s hall remove all signs within 60 days. If CONCESSIONAIRE refuses, or fail s to remove any signs, CITY may remove any or all such signs at the sole e xpense of CONCESSIONAIRE. Said costs shall be paid to CITY w ithin thirty (30) days of CITY sending written notice to CONCESSIONAIRE.

7. AUTOMOBILE PARKING
-110-
Item 8. - Page 8
137
Concession Agreement 4/ 20/2017 Page 6 During the term of this Agreement, the CONCESSIONA IRE shall have the following rights in regards to automobile parking:

A. The right to joint use of roads and driveways usef ul in the conduct, operation and maintenance of CONCESSIONAIRE's concession.

B. The right to utilize, parking spaces within the V isalia Municipal Airport parking lot, as depicted on Exhibit "B", which is attached and made a part by this reference. . The Airport Manager may adjust annua lly the number of parking spaces available to CONCESSIONAIRE, so long as CONC ESSIONAIRE’s operations are not substantially altered, but in no event shall the number of spaces be less than sixteen (16) spaces.

C. If during the term of this Agreement CITY has need for the designated parking area, then it shall be the responsibility of the Ai rport Manager to assign a new area, which shall be reasonably convenient to the T erminal Building for the pick- up and return by customers of rental cars.

D. CITY and CONCESSIONAIRE agree and understand that in the event CONCESSIONAIRE does not see to it that its Trucks & Automobiles are parked and stored only in the spaces designated by the Ai rport Manager of the CITY, or if CONCESSIONAIRE attempts to store additional Truc ks & Automobiles at the Airport over and above the number authorized under this Agreement, such automobiles will be cited for parking violation and /or impounded, all at the expense of CONCESSIONAIRE, or CITY may terminate th is Agreement in accordance with Paragraph 23 hereof.

8. STANDARDS OF SERVICE BY CONCESSIONAIRE
CONCESSIONAIRE shall be responsible for the following:
-111-
Item 8. - Page 9
138
Concession Agreement 4/ 20/2017 Page 7 A. All employees and other personnel, who perform wor k for the CONCESSIONAIRE, shall be neat and clean in appearance, and courteous to all persons. The CONCESSIONAIRE shall not permit any o f its employees to conduct business in an offensive or objectionable manner.

B. CONCESSIONAIRE shall adopt the Visalia Municipal A irport Rules and Regulations. They shall be enforced by CONCESSIONA IRE on behalf of the Visalia Municipal Airport. Such rules and regulati ons are set forth in Exhibit "C" and incorporated by reference into this Agreement. Any changes or modifications to the Rules and Regulations in Exhib it "C" may be changed only with the written consent of CITY.

C. CONCESSIONAIRE shall pay all its expenses in conne ction with the use of the Airport and all the rights and privileges granted, in this Agreement, including, but not limited to business taxes, possessory interest fees, and license fees, levied or assessed upon the leased premises or structures and improvements at any time situated upon the Airport. CONCESSIONAIRE shal l secure all necessary permits and licenses at his/her sole expense.

D. CONCESSIONAIRE shall maintain all areas and improv ements made to the area in good order, condition, and repair. When this A greement is terminated, the CONCESSIONAIRE will vacate the premises leaving the m in good order, condition and repair.

E. To furnish good, prompt and efficient service, adeq uate to meet all reasonable demands for automobile rental service at the Airpor t, on a fair and reasonable basis, and to charge prices for such service in acc ordance with it's usual standards, on a basis substantially similar to that charged by it for similar services at airports of comparable size within the same general area. -112-
Item 8. - Page 10
139
Concession Agreement 4/ 20/2017 Page 8 F. That rental automobiles made available shall be ma intained at CONCESSIONAIRE's sole expense in good, operative or der, free from known mechanical defects and in clean, neat, and attracti ve condition inside and outside.

G. That the facilities to be provided by CONCESSIONAI RE for the purpose of providing automobile rental service shall remain op en for such periods during each day and such days during each week as may be n ecessary to meet reasonable demands for said services. CONCESSIONAIR E may install as a facility in the premises to it, or at such other pl aces as the parties may agree upon, a direct line telephone for the purpose of su pplying automobile rental service to Airport patrons during periods when othe r automobile facilities are closed.

9. NONDISCRIMINATION
CONCESSIONAIRE shall observe and comply with the following provisions:

A. While operating at the Airport and in observing al l of the terms and conditions pursuant to this Agreement, and in furnishing its a ccommodations and/or services, CONCESSIONAIRE shall not discriminate or allow discrimination against any person or class of persons by reason of race, color, creed, sex, or national origin in any manner prohibited by federal or state statutes.

B. CONCESSIONAIRE may make reasonable and nondiscrimi natory discounts, rebates, or other similar types of price reductions to volume purchasers.

C. Noncompliance with (a) and (b) above shall constit ute material breach, and CITY shall have the right to terminate this Agreement wi thout any liability, or CITY shall, in the alternative, have the right to judicially enforce (a) and (b), above. -113-
Item 8. - Page 11
140
Concession Agreement 4/ 20/2017 Page 9 D. CONCESSIONAIRE agrees that it shall insert the abo ve three conditions of (a), (b), and (c) above in any Agreement, contract, sub Agreement, etc., by which CONCESSIONAIRE grants a right or privilege to any p erson, firm or corporation to render accommodation and/or services to the public at the Airport.

E. CONCESSIONAIRE shall have the right of appeal of a noncompliance complaint if CONCESSIONAIRE believes the complaint to be unju st or unfair, and to cure the alleged noncompliance following notification.

10. REGULATIONS - CONCESSIONAIRE shall not conduct, or allow to be conducted upon the Demised Premises, any dangerous or hazardous ac tivities, or any activities considered to be a nuisance to the airport or its tenants and nei ghbors, and CONCESSIONAIRE agrees to abide by all applicable F.A.A. and U.S. Government rules and regulations, including, but not limited to the following:

A. The CONCESSIONAIRE for himself, his heirs, persona l representatives, successors in interest and assigns, as a part of th e consideration hereof, does hereby covenant and agree as a covenant running with the l and that in the event facilities are constructed, maintained, or otherwise operated on t he Leased Premises, as described in Paragraph 1 herein, for a purpose for which a De partment of Transportation program or activity is extended or for another purpose invo lving the provision of similar services or benefits, the CONCESSIONAIRE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation and as said Regulations may be amended.
-114-
Item 8. - Page 12
141
Concession Agreement 4/ 20/2017 Page 10 B. The CONCESSIONAIRE for himself, his personal repre sentatives, successors in interest, and assigns, as a part of the considerati on hereof, does hereby covenant and agree as a covenant running with the land that:

1. No person on the grounds of race, color, sex, age or national origin shall be excluded from participation in, denied the benef its of, or be otherwise subject to discrimination in the use of said facilities; and

2. That in the construction of any improvements on, o ver or under such land and the furnishing of services thereon, no person o n the grounds of race, color, sex, age or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; and

3. That the CONCESSIONAIRE shall use the Demised Prem ises in compliance with all other requirements imposed by o r pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted program s of the Department of Transportation, and as said Regulations may be amended.

C. It is understood and agreed that nothing contained herein shall be construed to grant or authorize the granting of an exclusive rig ht within the meaning of Section 308 of the Federal Aviation Act of 1958.

D. CONCESSIONAIRE agrees to furnish service on a fair , equal and not unjustly discriminatory basis to all users thereof, and to c harge fair, reasonable and not unjustly discriminatory prices for each unit or service, pro vided, that CONCESSIONAIRE may make reasonable and nondiscriminatory discounts, re bates, or other similar types of price reductions to volume purchasers.

E. The CITY reserves the right (but shall not be obli gated to CONCESSIONAIRE) to maintain and keep in repair the landing area of the airport and all publicly owned -115-
Item 8. - Page 13
142
Concession Agreement 4/ 20/2017 Page 11 facilities of the airport, together with the right to direct and control all activities of the CONCESSIONAIRE in this regard.

F. The CITY reserves the right to further develop or improve the landing area and all publicly owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of the CONCESSIONAIRE, and without interference or hindrance.

G. The CITY reserves the right to take any action it considers necessary to protect aerial approaches of the airport against obstructio ns, together with the right to prevent CONCESSIONAIRE from erecting, or permitting to be e rected, any building or other structure on the airport which in the opinion of th e CITY would limit the usefulness of the airport or constitute a hazard to aircraft.

H. During the time of war or national emergency the C ITY shall have the right to enter into an agreement with the United States Gove rnment for military or naval use of part or all of the landing area, the publicly owned air navigation facilities and/or other areas or facilities of the airport. If any such ag reement is executed, the provisions of this Agreement, insofar as they are inconsistent wi th the provisions of the agreement with the Government, shall be suspended.

I. It is understood and agreed that the rights grante d by this Agreement will not be exercised in such a way as to interfere with or adv ersely affect the use, operation, maintenance or development of the airport.

J. There is hereby reserved to the CITY, its successo rs and assigns, for the use and benefit of the public, a free and unrestricted right of flight for passage of aircraft in the airspace above the surface of the Demised Premi ses herein conveyed, together with the right to cause in said airspace such noise as m ay be inherent in the operation of aircraft, now known or hereafter used for navigatio n of or flight in the air, using said airspace or landing at, taking off from, or operati ng on or about the airport. -116-
Item 8. - Page 14
143
Concession Agreement 4/ 20/2017 Page 12 K. The Agreement shall become subordinate to provisio ns of any existing or future agreement between the CITY and the United States of America, or any agency thereof relative to the operation, development, or maintena nce of the airport, the execution of which has been or may be required as a condition pr ecedent to the expenditure of federal funds for the development of the airport.

11. CURRENT AND FUTURE AIRPORT REGULATIONS - This Agreement and all rights conferred thereby shall at all times be subject to current and future regulations governing any and all activities at the Visalia Municipal Airport to the same extent that such current and future regulations govern the activities of all persons us ing the facilities of the Visalia Municipal Airport and occupying structures thereon.

12. NEGATION OF PARTNERSHIP
The CITY shall not become or be deemed to be a par tner or joint venturer with the CONCESSIONAIRE other than the relationship of a lan dlord and a tenant. The CONCESSIONAIRE shall not be considered an agent, an officer, or an employee of the CITY.

13. INSURANCE; LIABILITY
CONCESSIONAIRE, in order to protect CITY its agent s, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of CONCESSIONAIRE's (a) use and operations on the demi sed premises or in connection therewith, or (b) construction or removal of any im provements on the demised premises or in connection therewith, shall secure and maintain in force during the entire term of this Agreement and covering all of CONCESSIONAIRE's oper ations and activities on the demised premises a commercial general liability policy (bodily injury and property damage) in the amount -117-
Item 8. - Page 15
144
Concession Agreement 4/ 20/2017 Page 13 of not less than ONE MILLION DOLLARS ($1,000,000) Combined Single Limit Bodily Injury and Property Damage with a liable insurance carrier authorized to do such general liability insurance business in the State of California. Providing fur ther that said policy of insurance shall expressly name the CITY of Visalia, its agents, off icers and employees as additional insured.

Said insurance shall not be subject to cancellation or materially changed without thirty (30) days prior written notice to CITY. Within ten (10) days from the date of this Agreement, CONCESSIONAIRE shall file with the Airport Manager of the CITY of Visalia a Certificate of Insurance evidencing that the hereinabove mentioned general liability provisions have been complied with, and setting forth that CITY, it agen ts officers, and employees are named as additional insureds. CONCESSIONAIRE shall also, wi thout cost to CITY, obtain and maintain during the term hereof automobile liability insuran ce. Said automobile liability insurance shall provide liability limits of not less than ONE MILLI ON DOLLARS ($1,000,000) for personal injury to or death of any one person in any one occurrence . ONE MILLION DOLLARS ($1,000,000) for personal injury to or death of two or more pers ons in any one occurrence, and ONE MILLION DOLLARS ($1,000,000) for damage to property in any one occurrence in the alternative, ONE MILLION DOLLARS ($1,000,000) Combi ned Single Limit of Bodily Injury and Property Damage. CONCESSIONAIRE shall, upon written request, provide to CITY certificates evidencing all such automobile liability insurance. CITY agrees to notify CONCESSIONAIRE in writing as soon as practicable of any claim, demand , or action arising out of an occurrence covered hereunder which CITY has knowledge.

14. INSURANCE GENERAL REQUIREMENT
All insurance required by the express provisions o f this Agreement shall be carried only through responsible insurance companies. These insu rance companies must be licensed to do -118-
Item 8. - Page 16
145
Concession Agreement 4/ 20/2017 Page 14 business in the State of California. All such poli cies shall be nonassessable and shall contain language to the effect that:

A. Any loss shall be payable notwithstanding any act or negligence of the CITY that may cause a forfeiture of the insurance,
B. The insurer waives the right of subrogation agains t the CITY and against the CITY's agents and representatives for negligent act s arising out of the CONCESSIONAIRE's operation(s),
C. The policies are primary and noncontributing with any insurance that may be carried by the CITY,
D. They cannot be canceled or materially changed exce pt after a thirty (30) days written notice by the insurer of the CITY or the CI TY's designated representative, and
E. The CITY shall be named as and additional insured in the CONCESSIONAIRE's insurance policy/policies covering this Agreement. CONCESSIONAIRE shall furnish the CITY with certificates representing all insurance required pursuant to this Agreement. The CONCESSIONAIRE may provide by a blanket insurance, covering the premises and any other location/locati ons, provided it is acceptable to all mortgagees. In the manner provided by this C oncession Agreement, the CONCESSIONAIRE shall deliver to the CITY, certifica tes of all insurance policies required by this Agreement, together with evidence of payment of the required insurance policy/policies, which are satis factory to the CITY, within the following time limits:
(1) Within thirty (30) days after this Agreement' s execution, the insurance policy/policies required shall be filed with the CITY. -119-
Item 8. - Page 17
146
Concession Agreement 4/ 20/2017 Page 15 (2) CONCESSIONAIRE shall notify the CITY at least thirty (30) days prior to any renewal, replacement and/or terminatio n of the existing policy/policies.

If CONCESSIONAIRE fails, or refuses, to procure, or to maintain the insurance as required by this Agreement, or fails or refuses to furnish the CITY with the required proof of procurement and its effective date, the CITY shall have the rig ht, to procure and maintain the required insurance. The premiums, that are paid by the CITY , shall be treated as added rent due from the CONCESSIONAIRE with the interest, commencing fr om the first date of the notice at the rate of eighteen (18) per cent per year. The premi ums shall be paid on the first day of the month following the date on which the premiums were paid, and shall state the amounts paid and the names of the insurer or insurers.

15. INDEMNIFICATION
The CONCESSIONAIRE agrees to and shall protect, in demnify and hold harmless the CITY and all officers, agents, representatives and employees of the CITY, from any and all liability, claims, or damages of whatsoever kind or character, including attorney's fees and costs of all types incurred in defense of any of said par ties, from any claims or liability arising directly or indirectly out of the acts or omissions of the C ONCESSIONAIRE, the CONCESSIONAIRE's independent contractors, employees, representatives , agents. invitees and/or sublessee of the CONCESSIONAIRE. The indemnification and hold harml ess provisions of this Agreement shall remain in full force and effect regardless of wheth er or not there shall be insurance policies covering and applicable to such damages, claims, an d/or liability. CONCESSIONAIRE agrees to indemnify and protect CITY against any and all l iabilities, claims, demands, damages, or injuries to any person or property arising from the performance of this contract whether such liabilities, claims, demands, damages, or injuries result from the negligence of CITY, CITY'S -120-
Item 8. - Page 18
147
Concession Agreement 4/ 20/2017 Page 16 agents, or employees, or otherwise, EXCEPT for liab ility, claims or damages arising out of the sole active negligence or sole active misconduct on the part of the CITY.

16. BANKRUPTCY
In addition to any and all remedies available to i t, the CITY may, at its option after written notification to the CONCESSIONAIRE, termina te this Agreement, and all rights and interest of CONCESSIONAIRE, and all other persons p ursuant to this Agreement, if one of the following conditions occurs:

A. CONCESSIONAIRE files a voluntary bankruptcy petiti on; B. CONCESSIONAIRE is adjudged a bankrupt in any invol untary bankruptcy proceeding;
C. Any voluntary or involuntary proceeding for the re organization of the CONCESSIONAIRE is instituted and not vacated within ninety (90) days by anyone other than the CITY under any of the provisi ons of the bankruptcy laws of the United States; or
D. A receiver or judicial trustee or custodian shall be appointed for the CONCESSIONAIRE, or any lien or any writ of attachme nt, garnishment, or execution shall be levied upon any of the CONCESSIO NAIRE's rights or interests under this Agreement by operation of law.

17. INTERFERENCE WITH OPERATIONS
The CITY shall have the right after prior written notice to the CONCESSIONAIRE to terminate, or suspend this Agreement, if one of the following occurs:
-121-
Item 8. - Page 19
148
Concession Agreement 4/ 20/2017 Page 17 A. The United States Government or any of its agencie s occupies the CITY of Visalia Municipal Airport, or any substantial part of the Airport as to materially interfere with the CONCESSIONAIRE's operations;
B. The Visalia Municipal Airport or its facilities, a re destroyed by fire, or some other causes as to shut down operations; or
C. CONCESSIONAIRE's operations are materially interfe red with for any reasons, other than that caused by CONCESSIONAIRE, for more than fifteen (15) days.

If the CITY terminates this Agreement pursuant to o ne of the above conditions occurring, the CITY's obligations under this Agreement will be ext inguished. At the sole option of the CITY, the CITY may decide in the alternative that it will waive its right to terminate, and suspend the Agreement for the periods of such disability. In t he event that the CITY suspends the Agreement in lieu of termination, the minimum guara ntee payment shall not be required of CONCESSIONAIRE from the period of the date of notif ication by CITY of the suspension of the Agreement, until normal operations are restored. Th e CITY shall return to the CONCESSIONAIRE a just portion of any minimum guaran tee payment which may have been paid in advance for a month, or portion of a month which falls within the disability period.

18. ASSIGNMENT AND SUBLETTING
If the CONCESSIONAIRE employs an agent or a licens ee member to perform the obligations pursuant to this Agreement, the CONCESS IONAIRE shall be directly liable to the CITY for an agent or licensee's performance of all terms and conditions of this Agreement. The agent and/or licensee of the CONCESSIONAIRE shall h ave all the same privileges extended to the CONCESSIONAIRE pursuant to this Agreement. Exc ept as hereinabove set out in this Agreement, the premises may not be sublet in whole or part. The CONCESSIONAIRE shall not assign this Agreement without prior written consent of the CITY. Except if there is a merger or -122-
Item 8. - Page 20
149
Concession Agreement 4/ 20/2017 Page 18 a consolidation, the CONCESSIONAIRE shall not permi t any transfer by the operation of law of the CONCESSIONAIRE's interest created by this Agree ment without the CITY's prior written consent.

19. NOTICES - As used in this Agreement, “notice” includes, bu t is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, and appointment. No notice of the exercise of any option or election is required unless the provision giving the election or option expressly requires notice. Unless the provision of this Agreement on rent or other payment direct otherwise , rent or other payment shall be sent in the manner provided for giving notice.

A. Writing. All Notices must be in writing, provided that no writing other than the check or other instruments representing the payment itself need accompany the payment.

B. Delivery. Notice is considered given either (a) wh en delivered in person to the recipient named as below, or (b) on the date shown on the return receipt after deposit in the United States mail in a sealed envelope or cont ainer, either registered or certified mail, return receipt requested, postage and postal charges prepaid, addressed by name and address to the party or persons intended as follows:

Notice to CITY: City of Visalia
City Clerk
707 W. Acequia
Visalia, CA 93291

Copy to: City of Visalia
-123-
Item 8. - Page 21
150
Concession Agreement 4/ 20/2017 Page 19 Airport Manager
9501 Airport Drive
Visalia, CA 93277

Notice to CONCESSIONAIRE: Enterprise Rent-a-car
General Manager/Vice President
199 N. Sunrise Ave
Roseville, CA 95661

Copy to: Enterprise Rent-a-car
Corporate Real Estate Dept.
600 Corporate Park Drive
St. Louis, MO 63105

C. Change of recipient or address. Either party may, by notice given at any time or from time to time, require subsequent notices to be give n to another individual person, whether a party or an officer or representative, or to a diff erent address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

D. Recipient named. Each recipient named must be an individual person. If more that one recipient is named, delivery of notice to any one s uch recipient is sufficient. If none of the recipients named in the latest designation of recip ient is available for delivery in person, and if the notice addressed by mail to each recipient name d in the latest designation of recipient is returned to the sender undelivered, notice shall be sufficient if sent by mail as above to the party as named in this Agreement, unless the name o r identity of the party has changed as -124-
Item 8. - Page 22
151
Concession Agreement 4/ 20/2017 Page 20 permitted in this Agreement and proper notice of th e change has been given, in which event the notice shall be sufficient if sent by mail as above to the party named in the latest designating party, and the notice is considered given when the first attempt to give notice was properly made.

20. NATIONAL EMERGENCY
In the event of any national emergency, where ther e is a curtailment, either by executive decree or legislative action, of the use of motor v ehicles or airplanes by the general public, or a limitation of the supply of fuel available for gene ral use, then the minimum guarantee provided for in Paragraph Five (5) shall not be required of the CONCESSIONAIRE for the period of that particular emergency.

21. BREACH BY CONCESSIONAIRE/TERMINATION
In the event of a breach by the CONCESSIONAIRE of any terms or conditions of this Agreement, except the nuisance provisions contained in Paragraph Three (3), and the breach is not cured within thirty (30) days after prior writt en notice has been given to the CONCESSIONAIRE by the CITY, the Agreement and privi leges granted hereunder, shall be terminated, CONCESSIONAIRE shall immediately surren der possession of the premises granted by this Agreement.

22. ATTORNEY'S FEES
In the event that the CITY has to resort to legal action to enforce any of the provisions or to obtain restitution pursuant to this Agreement, t he prevailing party shall be entitled to its reasonable attorney's fees to be paid by the unsuccessful party as fixed by the Court.

-125-
Item 8. - Page 23
152
Concession Agreement 4/ 20/2017 Page 21

23. DAMAGES
If CONCESSIONAIRE breaches this Agreement and/or a bandons the premises before the expiration of its term, CITY shall have the rig ht to recover damages from CONCESSIONAIRE as provided by the California Civil Code section 1951.2. The damages, that CITY may recover, shall include the value at t he time of the award of the amount of unpaid rent for the balance of the term if this exceeds th e amount of rental loss for the same period of time, and CONCESSIONAIRE proves that the rental los s could have been reasonably avoided.

This clause shall not be construed to limit any rig ht or remedy which CITY may become entitled to by reason of the action(s) or failure(s) to act by CONCESSIONAIRE.

24. WAIVER OF BREACH
The waiver by the CITY of any breach by the CONCES SIONAIRE of any provision of this Agreement shall not be deemed to be a waiver o f such other provisions of this Agreement, or a waiver of any other prior or subsequent breach.

25. CORPORATE AUTHORITY
If the CONCESSIONAIRE is a corporation, each indivi dual executing this Agreement on behalf of the corporation represents and warrants that he is duly authorized to execute and deliver this Agreement of behalf of the corporation, and that th is Agreement is binding upon the corporation in accordance with its terms. Within thirty (30) da ys after the execution of this Agreement, the CONCESSIONAIRE shall deliver to the CITY a certifie d copy of a Resolution of the Board of Directors of the corporation authorizing or ratifying the execution of this Agreement.

26. APPLICABLE LAW
-126-
Item 8. - Page 24
153
Concession Agreement 4/ 20/2017 Page 22 The CITY and the CONCESSIONAIRE shall be bound by the laws of the State of California in regards to all aspects of this Agreement.

27. VENUE
If either the CONCESSIONAIRE or the CITY initiates an action to enforce the terms of this Agreement, the parties agree that the venue sh all be in the County of Tulare, State of California.

28. INCORPORATION OF PRIOR AGREEMENTS AND AMENDMENTS
This Agreement and the exhibits referenced and inc orporated herein contain all the agreements of the parties with respect to any matte r mentioned herein. No prior agreement or understanding pertaining to any such matter shall b e effective. This Agreement may be modified only in writing and shall be signed by the CITY and the CONCESSIONAIRE.

29. AGENT OF SERVICE OF PROCESS
If CONCESSIONAIRE is a foreign corporation, CONCES SIONAIRE shall file and shall keep on file with the CITY a designation of natural person residing in the State of California, giving name, residence and business address of it's agent for the purpose of service of process in any Court action between CONCESSIONAIRE and CITY arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process or other papers in any such action shall constitute valid service upon CONCESSI ONAIRE; and it is further expressly agreed, covenanted and stipulated that if for any r eason service of such process upon such agent is not possible, then in such event CONCESSIO NAIRE may be personally served with such process out of this State, or may be served in any other manner provided by the statutes of the State of California, and that such service s hall constitute valid service upon shall -127-
Item 8. - Page 25
154
Concession Agreement 4/ 20/2017 Page 23 constitute valid service upon CONCESSIONAIRE. It i s further expressly agreed that CONCESSIONAIRE is amenable to the process so served , submits to the jurisdiction the Court so acquired, and waives any and all objection and protests thereto.

30. SEVERABILITY
The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provisions of this Agreement.

31. TIME IS OF THE ESSENCE
Time is hereby expressly declared to be of the ess ence of each and every provision of this Agreement, and each such provision is hereby m ade and declared to be a material, necessary and essential part of this Agreement.

32. POSSESSORY INTEREST
The CONCESSIONAIRE recognizes and understands that this Concession Agreement may create a possessory interest subject to propert y taxation, and that the CONCESSIONAIRE may be subject to the payment of property taxes levied on such interest.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective and duly authorized officers, as of the day and year first above written.

ENTERPRISE RENT-A-CAR

Dated: __________________, 2017 by:______________ ________________ Name____________________________
Title_____________________________
-128-
Item 8. - Page 26
155
Concession Agreement 4/ 20/2017 Page 24

CITY OF VISALIA

Dated: ____________, 2017 by: ___________________ ________________ Michael Olmos, City Manager

Dated: ____________, 2017 by: ___________________ ________________ Charlotte Dunn, Risk Management

Dated: ____________, 2017 by: ___________________ ________________ Kenneth J. Richardson, City Attorney

-129-
Item 8. - Page 27
156
Concession Agreement 4/ 20/2017 Page 25 Exhibit “A”
Description Demised Premises

-130-
Item 8. - Page 28
157
Concession Agreement 4/ 20/2017 Page 26 Exhibit “B
Description Vehicle Parking Area

-131-
Item 8. - Page 29
158
-132-
Item 8. - Page 30
159
-133-
Item 8. - Page 31
160
161
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0551 Agenda Date: 1/21/2025 Agenda #: 5.

Agenda Item Wording:

Adoption of the 2024 Title VI Program for Visalia Transit - Adopt the 2024 Title VI Program to maintain compliance with United States Department of Transportation anti-discrimination regulation including approval of Resolution No. 2025-01 and authorize the City Manager to sign on behalf of Visalia Transit.

Deadline for Action: 1/21/2025
Submitting Department: Administration - Transit
Contact Name and Phone Number:

Caleb Bowman, Management Analyst, [email protected] <mailto:[email protected]>, (559)713-4594
Angelina DeRossett, [email protected] <mailto:[email protected]>, (559)713-4591
John Lollis, Assistant City Manager, [email protected] <mailto:[email protected]>, (559) 713-4323
Department Recommendation:

Staff recommends that the City Council approve Visalia Transit’s 2024 Title VI Program, adopt Resolution No. 2025-01, and authorize the City Manager to review, approve, and sign future updates to the Program.

Background Discussion:

Visalia Transit has updated its Title VI Program in compliance with United States Department of Transportation Title VI regulations, 49 Code of Federal Regulations (CFR) Part 21. The Federal Transit Administration (FTA) requires recipients to update and submit its FTA Title VI Program every three (3) years. The City’s Program was last updated and adopted by the City Council at its meeting on May 17, 2021.

Title VI is a federal statute and provides that "no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefit of, or be subject to discrimination under any program or activity receiving federal financial assistance. Pursuant to FTA Circular 4702.1B - Title VI Guidelines, at a minimum, the document must address the following:
- Notify Beneficiaries of Protection under Title VI
- Develop Title VI Complaint Procedures and Compliant Form - Record and Report Transit-Related Title VI Investigations, Complaints, and Lawsuits - Promote Inclusive Public Participation
- Provide Meaningful Access to limited English Proficiency (LEP) Persons Visalia City Council Printed on 1/14/2025Page 1 of 2
powered by Legistar™
162
File #: 24-0551 Agenda Date: 1/21/2025 Agenda #: 5.
- Minority Representation on Planning and Advisory Bodies - Provide Additional Information upon Request
- Develop System-Wide Standards and Policies
The City is required to ensure its transit services are responsive to and compliant with Title VI regulations.

The FTA requires recipients to update and submit its FTA Title VI Program every three (3) years. The City’s last Title VI Program was approved in 2021. The Program was prepared by the Tulare County Association of Governments (TCAG), the Metropolitan Organization (MPO) for Tulare County.

The only changes and updates to this Program are related to route system changes and adjustment within Visalia Transit. Aside from those ongoing updates, there are no significant changes to the Plan from the adopted 2021 Program.

Fiscal Impact:

There is no fiscal impact from completing the Program.

Prior Council Action:

At its meeting on May 17, 2021, the City Council approved the 2021 Title VI Program for Visalia Transit and adopted Resolution No. 2021-21.

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

I move to approve Visalia Transit’s 2024 Title VI Program and adopt Resolution No. 2025-01, and authorize the City Manager to review, approve, and sign future updates to the Program.

Environmental Assessment Status: None.

CEQA Review: None.

Attachments:

Draft 2024 Visalia Transit Title VI Program
Draft Resolution
Visalia City Council Printed on 1/14/2025Page 2 of 2
powered by Legistar™
163
1 Visalia Transit Title VI 2024
Please provide this information for inclusion on the VT Title VI:

1. List of the current city council for City of Visalia a. Mayor Brian Poochigian – District 3
b. Vice Mayor Brett Taylor – District 2
c. Council Member Steve Nelsen – District 5
d. Council Member Liz Wynn – District 1
e. Council Member Emmanual Hernandez Soto – District 4

2. LIST OF ALL CITY STAFF (TRANSIT) (NAME/TITLE)
a. Leslie Caviglia – City Manager
b. John Lollis – Assistant City Manager
c. Rosemary Amodo – Senior Account Assistant
d. Marla Bermudez – Community Outreach Coordinator
e. Jasmine Carrillo – Office Assistant
f. Esmeralda Chavez – Office Assistant
g. Angelina DeRossett – Transit Manager
h. Carmen Quevedo – Financial Analyst
i. Robert Shane – Senior Building Maintenance Technician j. Laura Vermillion – Senior Administrative Assistant

3. WHERE DO YOU HAVE THE TITLE VI PUBLIC NOTICES POSTED? a. Visalia Transit Center (main customer area)
425 E. Oak Ave., Visalia, CA 93291
b. Visalia Transit Administrative Office (lobby/reception area) 425 E. Oak Ave., Suite 301, Visalia, CA 93291
c. Visalia Transit Operations and Maintenance Facility (lobby/reception area) 525 N. Cain St., Visalia, CA 93292
d. On-board all Visalia Transit vehicles (bus car cards) e. The City of Visalia’s website (Visalia Transit-Title VI page) http://www.visalia.city/depts/transportation_services/transit/title_vi.asp

4. THIS IS THE PUBLIC NOTICE FOR VISALIA TRANSIT TITLE VI, DO YOU WANT ANY CHANGES MADE TO IT?
We do not see anything that needs to be changed.
164
2 5. Per previous Title VI complaint forms (and instructions) could be obtained at:

Visalia Transit Center (Administrative Office)
425 E. Oak Ave., Suite 301, Visalia, CA 93291
Or by calling: (559) 713-4100
The City of Visalia’s website (Visalia Transit-Title VI page) http://www.visalia.city/depts/transportation_services/transit/title_vi.asp Is this information still correct? Do I need to add the name of specific individual?

This is correct still. We do not have a specific contact as all staff is training on how to record and who to submit Title VI complaint too.
165
3 6. All complaints alleging discrimination were to be submitted in writing directly to the City at the following address:

City of Visalia Transit Division
Attn: Title VI Coordinator
425 E. Oak Avenue, Suite 301
Visalia, CA 93291
Is this still correct information?
This information is correct still.

7. Is the following information still correct?
Public Comment for Fare Increases and Major Service Changes The FTA requires that all transit agencies operating in urbanized areas hold a public hearing prior to the implementation of a fare increase or a major service change. A “major” service change is defined as a modification that affects 25% or more of a single route, or 25% or more of all routes.

Yes, this is still correct.

8. Please send me the most current Route Map or maps you have for Visalia Transit.

Attachments to email.

9. I need a list of all the community organizations and school systems that Visalia Transit maintains contact with to assist in gathering information about the transit services sought by Limited English Proficient (LEP) populations.

There are no changes to the below list
Visalia Adult School
Visalia Unified School District
American Friends/Proyecto Campesina
Child Welfare Services
Employment Development Department
Proteus
Tulare County WIC Program
Exeter Unified School District
Farmersville Unified School District
Farmersville Health Care Center
Farmersville Youth Center
Goshen Family Resource Center
Workforce Investment Board

10. What is Visalia Transit’s operating budget for marketing and outreach? If you don’t have this information, who would I contact in the city to obtain the information? Proposed FY24/25 budget is $24 million and FY25/26 is $25 million.

11. I need an update on your TAC:

This is the previous list!
166
4 How many members? What are the terms that each person serves? How are they appointed? The most important information I need is their racial breakdown – how many Hispanic, White, Black/African American, American Indian, Asian etc…
This information is required as part of the Title VI.

The TAC is currently made up of 8 members as well as Transit and Contractor staff (TAC is an Ad Hoc group, that has no limit on members, and anyone can join.

Table 5-1: Minority Representation on Visalia’s Transit Advisory Committee by Race Hispanic White Black/African
American
American
Indian Asian
Service Area Population* 49.4% 41.8% 2% 1.3% 6%
TAC 38% 72% 0% 0% 0%

12. Does Visalia Transit plan to construct any transit related buildings? (storage, maintenance facilities or operation centers) ?
Yes, but the locations and date have not been set yet.

13. I need updated information on the following:
a. Vehicle Load Standards
b. Vehicle Headway Standards for VT Local Routes & Intercity Routes if different c. Need same information for the V-Line as well
d. On-Time Performance Standards
e. Service Availability Standards
f. Bus Stop guidelines to add a new bus stop?
g. Bus Stop guidelines to delete an existing bus stop?
h. What is the criteria for placement of bus shelters?
i. Guidelines for installing trash receptacles

VT Local Routes
VT operates thirteen (13) local fixed routes Monday through Sunday during the following hours:

Monday – Friday 6:00 am to 10:00 pm
Weekends 8:00 am to 7:00 pm

Local fixed route service is provided every 15-60-minutes during weekdays hours (between 6:00am and 10:00pm). The service runs 20–60-minute headways on weekends (between 8:00am and 7:00pm), buses operate anywhere between one to five buses on any given route for a total of twenty -six in-service vehicles.

VT Intercity Route
VT operates an express route (Route 11X) between Visalia and Tulare, with stops at College of the Sequoias (in Visalia) and the Tulare Transit Center. Service is provided Monday through Sunday during the following 167
5 hours:

Monday – Friday 6:30 am to 9:30 pm
Weekends 8:30 am to 6:30 pm

VT Route 11X service is provided every 60 -minutes during operating hours. Route 11X is jointly operated by the City of Visalia and the Tulare County Regional Transit Agency (TCRTA) ; Visalia operates trips that serve the Visalia Transit Center at the top of the hour while TCRTA operates trips that serve the Visalia Transit Center at the bottom of the hour, resulting in 30-minute headways between each transit center.

V-LINE
The V-LINE service runs Monday through Sunday during the following hours:

Monday-Sunday 4:00 am to 9:15 pm

V-LINE provides service from Visalia to Fresno and back. V-LINE stops at the Visalia Transit Center, Visalia Municipal Airport, Fresno Yosemite International Airport, California State University, Fresno, and the Fresno Courthouse Park. V-LINE service provides six round trips during operating hours.

Sequoia Shuttle
The Sequoia Shuttle has two services that are operated by Visalia Transit. Visalia Transit is contracted by the National Park Service to operate the Sequoia Park Shuttle that is operated with in the Giant Forest area of Sequoia National Park servicing all parking lots and major attractions between the Giant Forest Museum and Wuksachi Lodge. The Sequoia Gateway Shuttle services the Visalia, Farmersville, Exeter, Lemon Cove, and Three Rivers areas and takes passengers up into the Sequoia National Park where they can them use the Sequoia Park Shuttle to move within the Giant Forest area. Both of these services are seasonal transit and runs from the Thursday before Memorial Day Weekend through Labor Day, the end date varies from season to season.

Sequoia Gateway Shuttle:

Monday-Sunday 6:00 am to 10:00 am

On-time Performance Standards
A minimum of 90% of all fixed route revenue bus departures will be within 0 to 5 minutes after the scheduled departure time as indicated by published timetables. No fixed route bus shall depart a designated time point early.

Service Availability Standards
The local VT system will be designed such that 90% of the population (of Visalia) will be within a three - quarter (3/4) mile radius of the fixed route system (of a bus stop).

Bus Stops
The addition of a new bus stop should follow these guidelines:
168
6 • A minimum of nine documented requests should be received for the creation of the same stop over a three-month period;
• Requested stop should be located along an established bus route; • The stop location must not create a traffic hazard and be deemed safe for passengers by City staff and law enforcement;
• A new stop should not be located within one-eighth mile of an existing stop; • A new stop should be considered temporary for a period of ninety days. During the ninety -day temporary period, the City should collect four separate activity samples to measure the stop’s effectiveness. If activity at the temporary stop does not meet the minimum criteria established by the City’s policy, the stop should be eliminated as soon as possible.

The deletion of an existing bus stop should follow these guidelines:
• Stop activity is less than five boardings and alightings per weekday. To account for any unusual boarding activity, an average of five sample weekdays should be used as the activity criteria; • Location of the stop has created a measurable safety or health concern for the passengers and/or area residents;
• A minimum of nine documented removal requests should be received for the deletion of the same stop over a three-month period;
• Elimination of a stop would not require a VT patron to travel more than one -quarter mile to the next established stop.

Shelters/Benches
The placement of bus shelters should be based on the following criteria:
• At least 20 passengers using the stop daily for shelters and 10 passengers using the stop daily for benches;
• Placement of shelter/bench does not create a safety or health concern for passengers, residents, and/or drivers;
• Placement complies with ADA regulations;
• Proximity to major traffic generators;
• Existing benches should be evaluated to determine their condition to warrant replacement; • Location of stop (i.e., major streets, retail centers); • Necessary improvement is cost-efficient.

14. Is this information still accurate?
• It is recommended that trash receptacles be placed wherever there is a bench or shelter installed.
• Placement of a trash receptacle at other locations where there has been documentation of a trash problem by residents.
169
7 Placement of a trash receptacle at stops that are located by fast-food restaurants.

Complaint forms (and instructions) can be obtained at:
• Visalia Transit Center (Administrative Office)
425 E. Oak Ave., Suite 301, Visalia, CA 93291
Or by calling: (559) 713-4100
• The City of Visalia’s website (Visalia Transit-Title VI page) http://www.visalia.city/depts/transportation_services/transit/title_vi.asp All complaints alleging discrimination should be submitted in writing directly to the City at the address listed below. The City’s Title VI Coordinator shall be responsible for overseeing investigations and responses to complaints of discrimination.

City of Visalia Transit Division
Attn: Title VI Coordinator
425 E. Oak Ave., Ste. 301
Visalia, CA 93291

15. I will need a list of all outreach events that Visalia Transit has participated in from June 2021 up to May 2024.

We are working on this.
170
8 a. Provide any posters or other advertising that was done for the event b. Provide any pictures that were taken of the booth or other pictures of the event c. Please include date/dates of the event, and times the event took place d. Was the event focused on reaching out to a particular audience? e. Were the posters also printed in another language?
f. Any other information available on the event

16. What other outreach efforts are conducted for VT services Visalia Transit utilizes social media primarily (Facebook and Instagram), press releases (major events & changes), and City/Transit websites.

17. Do you still provide Transit 101 training?
Yes, 2-4 times per year. With possible new services, this will increase.

18. When was your last SRTP prepared?
Visalia Transit’s last SRTP was done in 2021. Please see attached SRTP in email.

19. Does VT conduct annual surveys?
If you do, can I obtain a copy of the last survey and results? No, other than thew annual Unmet Needs process.

20. Please provide any complaints submitted to VT from June 2021 up to May 2024.

We are working on this.
171

RESOLUTION NO. _________

RESOLUTION ADOPTING AN UPDATE OF THE
CITY OF VISALIA 2024 TITLE VI PROGRAM

WHEREAS, the City of Visalia operates Visalia Transit to include Fixed-Route, Dial-A- Ride, V-LINE Commuter Service and Trolley services; and WHEREAS, the City of Visalia obtains financial assistance from the Federal Transit Administration (FTA) and must comply with applicable federal regulations including Title VI, Civil Rights Program, 49 CFR, and FTA Circular 47 02.1B, “Title VI Requirement and Guidelines for Federal Transit Administration Recipients; and
WHEREAS, the purpose of the 2024 Title VI Program is to prohibit discrimination on the basis of race, color, or national origin in programs and activities; and WHEREAS, the City of Visalia must update its Title VI Program every three years; and NOW, THEREFORE, the Council of the City of Visalia hereby finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. The Council hereby adopts the updated City of Visalia 2024 Title VI Program.

3. This resolution is effective immediately upon adoption.

Passed, approved, and adopted this ______ day of _________________, 20__.

Signatures of Governing Body Members:

Name/Title Signature Date
172
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0559 Agenda Date: 1/21/2025 Agenda #: 6.

Agenda Item Wording:

Authorization to accept and appropriate $64,311 for the 2024 Edward Byrne Memorial Justice Assistance Grant Program through the Bureau Justice Assistance and approve the Memorandum of Understanding with Tulare County for the Visalia Police Department 2024 JAG Joint Purchase Program.

Deadline for Action: 1/21/2025
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]> Captain Andrew Swarthout, ext. 4035, [email protected] <mailto:[email protected]>
Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> Department Recommendation:

Authorization to accept and appropriate $64,311 for the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Bureau Justice Assistance (BJA) and approve the Memorandum of Understanding (MOU) with Tulare County for the Visalia Police Department 2024 JAG Joint Purchase Program. There is no requirement for matching funds. The Grant is effective from 10/1/2023 to 9/3/2027.

Summary:

The Visalia Police Department has thoroughly researched various methods to prevent and respond to Part One crimes within the City of Visalia and County of Tulare. Nationwide, fixed mount Automated License Plate Reader (ALPR) cameras have had a tremendous impact on reducing these types of crimes that affect our community. Fixed mount ALPR cameras work by identifying vehicle license plates that have been entered in the Stolen Vehicle System, National Crime Information Center, or entered by officers throughout the State of California.

The Department entered into a 4-year $300,000 service agreement on December 1, 2024, with Flock Group Inc. to provide a total of 22 fixed mount ALPR cameras. The project is funded by the JAG Grant and General Fund. The 22 fixed mount ALPR cameras were installed in strategic locations that would have the most impact in addressing Part One crimes. Shortly after the first fixed mount ALPR camera was installed, the Visalia Police Department received 13 stolen vehicle alerts. The Visalia Police Department also received shared access to 554 fixed mount ALPR cameras that are installed throughout Tulare County and the State of California.

The Visalia Police Department has created a Flock Safety administrative group to manage and evaluate the project. The Flock Safety dashboard provides up to date insights on the systems Visalia City Council Printed on 1/16/2025Page 1 of 3
powered by Legistar™
173
File #: 24-0559 Agenda Date: 1/21/2025 Agenda #: 6.
analytics that will be reviewed monthly to determine the effectiveness of the fixed mount ALPR cameras. The Visalia Police Department’s Crime Analysis Unit will also ensure that Flock Safety notifications are captured and associated with the appropriate case numbers for accurate data collection. As the systems continues to prove to be instrumental in addressing Part One crimes, the Visalia Police Department will continue to look for funding opportunities to maintain the number of Flock Safety cameras within the City of Visalia.

Background Discussion:

On September 4, 2024, the U.S. Department of Justice (DOJ) - Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) announced the 2024 Edward Byrne Memorial Justice Assistance (BJA) Grant Program. The JAG Grant is a federally funded program through the Bureau of Justice Assistance and allocations are made to each state based on a formula that weighs equally its share of violent crime and population. The same formula is then used to determine the allocations awarded to the City and County jurisdictions. JAG Grant funds may be used to provide additional personnel, equipment, supplies, training, technical assistance, and information systems for criminal justice programs.

The City of Visalia was directly allocated $41,530 and Tulare County was directly allocated $22,681 for a total joint allocation of $64,311. However, because the City’s allocation is 150% of the County’s award amount, the JAG legislation requires that the County be a partner with the local jurisdiction receiving the higher amount of funds. The JAG program considers this type of allocation a Disparate Jurisdiction and requires a Memorandum of Understanding (MOU) between the City of Visalia and Tulare County Sheriff’s Office to agree on a mutual purchase plan that will benefit both agencies.

Visalia Police Chief, Jason Salazar, reached out to Sheriff Mike Boudreaux at the Tulare County Sheriff’s Office and agreed to the joint purchase program. The Visalia Police Department will be the fiscal agent and accept administrative responsibilities for the Grant. A single grant application was submitted on October 15, 2024 and the award announcement was received on December 4, 2024.

Fiscal Impact:

Appropriate $64,311 in the General Fund and add to CIP EQ0230. The CIP was set up in 2023 when the FLOCK ALPR project was approved. The Grant will reimburse the General Fund for the cost of 9 ALPR and will fund for up to 4 years under service contract C25037. JAG Grant requires the City of Visalia to comply with 66 special conditions and the City Mayor is required to execute the Certification and Assurances document prior to the release of funds. The form is attached for the City of Visalia Mayor’s signature.

Prior Council Action: None.

Other: N/A
Alternatives: Not to accept the Grant.

Recommended Motion (and Alternative Motions if expected):

Authorization to accept and appropriate $64,311 for the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the Bureau Justice Assistance (BJA); approve the Memorandum of Understanding (MOU) with Tulare County for the Visalia Police Department 2024 JAG Joint Purchase Program.

Visalia City Council Printed on 1/16/2025Page 2 of 3
powered by Legistar™
174
File #: 24-0559 Agenda Date: 1/21/2025 Agenda #: 6.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Award Package, Certification & Assurances, and MOU.

Visalia City Council Printed on 1/16/2025Page 3 of 3
powered by Legistar™
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0560 Agenda Date: 1/21/2025 Agenda #: 7.

Agenda Item Wording:

Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-13 approving the revision to Visalia Municipal Code Chapter 10.16.050, which prohibits the storage of vehicles on city streets, in residential zones within the City of Visalia, citywide.

Deadline for Action: 1/8/2024
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, Community Development Director, (559) 713-4025 [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the Visalia City Council conduct the second reading and adopt Ordinance No. 2024-13 amending Visalia Municipal Code Section 10.16.050 “Useof Streets for Storage of Vehicles Prohibited” per the attached Ordinance No. 2024-13.

Summary:

On December 16, 2024, the City Council held a public hearing to consider amending Visalia Municipal Code Section 10.16.050 regarding enforcement concerns and issues related to the parking and storing vehicles in residential districts.

During the public hearing, the City Council received a staff report, staff presentation, and received public comment. No persons spoke in opposition at the City Council meeting, and the City Council voted (4-0) to introduce the first reading of Ordinance No. 2024-13, amending Visalia Municipal Code Section 10.16.050 as provided in the attached ordinance.

The second reading of the Ordinance is the final action the City Council takes in order for amendment of Visalia Municipal Code Section 10.16.050 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.

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 parking and storage of vehicles on city streets 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 Visalia City Council Printed on 1/16/2025Page 1 of 3
powered by Legistar™
203
File #: 24-0560 Agenda Date: 1/21/2025 Agenda #: 7.
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, 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 increased new open cases throughout the city for Code Enforcement and increased the number of calls for service for The Visalia Police Department.

Based on the information provided in the work session staff report and public comment received, Council directed staff to initiate amendments to VMC Section 10.16.050 for City Council’s consideration at a future meeting.

Fiscal Impact:

None.

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 Street for Storage of Vehicles Prohibited”.
· On December 16, 2024, the City Council held a public hearing to introduce Ordinance No. 2024-13. The City Council voted 4-0, to introduce and adopted Ordinance No. 2024-13.

Other: N/A
Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading of Ordinance No. 2024-13 amending Visalia Municipal Code Section 10.16.050 “Use of Streets for Storage of Vehicles Prohibited”.

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. 2023-34) has been prepared for the project.

Visalia City Council Printed on 1/16/2025Page 2 of 3
powered by Legistar™
204
File #: 24-0560 Agenda Date: 1/21/2025 Agenda #: 7.

Attachments:

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

2. City Council Introduction and First Reading Staff Report dated December 16, 2024.

Visalia City Council Printed on 1/16/2025Page 3 of 3
powered by Legistar™
205
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 welf are 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 seventy- two (72) hours.
206

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.

B. No person shall park or stand or permit to park any recreational vehicles or temporary recreational vehicles, travel trailers, mobile homes, unattached trailers, boat trailers, and camper trailers on a ny 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 not impede the right of way.

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 d eclared 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.

207
Agenda Item Wording:
..title
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 of Vehicles Prohibited
..body

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] Tracy Robertshaw, Neighborhood Preservation Manager, (559) 713-4187 [email protected]
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025 [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 Ordinanc e 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 comment s from City Council regarding 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 208
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 re visions 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 a ny 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 sig ht/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
209

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.”

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):
..recommendation
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. ..end

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

210
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0561 Agenda Date: 1/21/2025 Agenda #: 8.

Agenda Item Wording:

Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-14 approving the amendments to Visalia Municipal Code Chapter 8.40.020, which lists definitions of this chapter, and Chapter 8.40.030, which declares certain acts and conditions as public nuisances.

Deadline for Action: 1/21/2025
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 Visalia City Council conduct the second reading and adopt Ordinance No. 2024-14 amending the Visalia Municipal Code Sections 8.40.020 definition of “illegal dumping” and

8.40.030 Public Nuisances per the attached Ordinance No. 2024-14.

Summary:

On December 16, 2024, the City Council held a public hearing to consider amending Visalia Municipal Code Sections 8.40.020 and 8.40.030 regarding enforcement concerns for and issues related to illegal dumping onto the public right-of-way throughout the City of Visalia.

During the public hearing, the City Council received a staff report, staff presentation, and received public comment. No one spoke in opposition at the City Council Meeting, and the City Council voted (4-0) to introduce the first reading of Ordinance No. 2024-14, amending Visalia Municipal Code Sections 8.40.020 and 8.40.030 as provided in the attached ordinance.

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
Visalia City Council Printed on 1/16/2025Page 1 of 3
powered by Legistar™
211
File #: 24-0561 Agenda Date: 1/21/2025 Agenda #: 8.

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.

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.

Visalia City Council Printed on 1/16/2025Page 2 of 3
powered by Legistar™
212
File #: 24-0561 Agenda Date: 1/21/2025 Agenda #: 8.

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 · On December 16, 2024, the City Council held a public hearing to introduce Ordinance No. 2024-14 The City Council voted 4-0, to introduce and adopt Ordinance No. 2024-14.

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

I move to approve the second reading of Ordinance No. 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. City Council Ordinance and First Reading staff report.

Visalia City Council Printed on 1/16/2025Page 3 of 3
powered by Legistar™
213
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 purpos e. 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.
214
“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 enfo rcement 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 maint enance, 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”. 215
“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 l and, 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 co mposed 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:
216

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 veh icles, 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 p roducts, 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.
217
J. Camping in areas not specifically designated for such use or not specifically authorized by a public agen cy. 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 h ereby 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. 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 ta ke 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.

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, senten ces, clauses or phrases hereof be declared invalid or unenforceable.

218
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.

219
Agenda Item Wording:
..title
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.
..body

Deadline for Action: 12/16/2024

Submitting Department: Community Development

Contact Name and Phone Number:

Tommy Conteras, Code Enforcement Officer, [email protected], (559) 713- 4194
Tracy Robertshaw, Neighborhood Preservation Manager, [email protected], (559) 713-4187
Paul Bernal, Planning & Community Preservation Director, [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 a n 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.

Proposed revisions to Section 8.40.020, as specified by underline & italics for additions. 220
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, o r 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 nuisa nce, 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
221

Alternatives: The City Council may, in lieu of the recommended motion, choose to not adopt the 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):
..recommendation
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. ..end

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 i n 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
222
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0567 Agenda Date: 1/21/2025 Agenda #: 9.

Agenda Item Wording:

Authorization to Apply for the STEP Grant - Authorize the Visalia Police Department to apply for the Selective Traffic Enforcement Program (STEP) for FY 2025-26 Grant for an estimated amount of $260,000 and submit the application by the January 31, 2025, deadline.

Deadline for Action: 1/21/2025
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]>; Lieutenant Celeste Sanchez, ext. 4573, [email protected] <mailto:[email protected]>;
Sergeant Henry Martinez, ext. 4232, [email protected] <mailto:[email protected]>
Department Recommendation:

Authorize the Visalia Police Department to apply for the Selective Traffic Enforcement Program (STEP) FY 2025-26 Grant for an estimated amount of $260,000 and submit the application by 1/30/2025. The Grant is effective from 10/1/2025 to 9/30/2026.

Summary:

The Visalia Police Department has been awarded the STEP Grant for more than 10 years and has used the funds to enhance its traffic enforcement and educational efforts including, but not limited to:

DUI checkpoints and saturation patrols, distracted driver, motorcycle safety, pedestrian/bicycle enforcement operations, and several traffic educational presentations. The grant has also funded equipment and provided the resources necessary to effectively complete Driving Under the Influence (DUI) enforcement details.

Background Discussion:

With various strategies, traffic safety and DUI enforcement are aggressively targeted through checkpoints, saturation details, traffic enforcement, distracted driving operations, motorcycle details, and traffic safety education. The goal of the STEP Grant is to provide support and funding to reduce the number of persons killed or injured in traffic collisions, decrease alcohol-related collisions, increase DUI enforcement efforts, and raise public awareness about the dangers and consequences of drinking and driving. Operations are conducted in areas with disproportionately high numbers of traffic collisions.

In the 2023-24 grant year, the Visalia Police Department responded to four alcohol-related traffic fatalities and 61 alcohol-related injury collisions. In total, the department addressed 17 fatal traffic Visalia City Council Printed on 1/16/2025Page 1 of 2
powered by Legistar™
223
File #: 24-0567 Agenda Date: 1/21/2025 Agenda #: 9.
collisions and 579 injury collisions. During that grant year, Visalia PD was awarded $170,000, which funded 19 DUI enforcement operations, 31 traffic safety enforcement operations, and training for 39 officers in DUI detection and enforcement.

For the 2024-25 grant year, Visalia PD was awarded $200,000. These funds will be used to purchase 10 new mobile ticket printers for the Traffic Unit, procure DUI checkpoint supplies, and conduct 19 DUI enforcement operations, 26 traffic safety enforcement operations, as well as training for 12 additional officers in DUI detection and enforcement.

For the 2025-26 grant year, the department plans to request approximately $260,000. These funds will support 20 DUI enforcement operations, 35 traffic safety enforcement operations, two traffic safety community presentations, and the purchase of two handheld speed radars along with additional DUI checkpoint supplies.

The City of Visalia has experienced a steady increase in drivers and vehicles on the roadway. The requested grant funding will provide additional resources to enhance enforcement and educational efforts, ultimately improving roadway safety.

Fiscal Impact:

Staff will go back to Council to appropriate the funds if this STEP Grant is awarded.

Prior Council Action: N/A
Other: N/A
Alternatives:

Do not authorize the Visalia Police Department to submit the STEP Grant application.

Recommended Motion (and Alternative Motions if expected):

Authorize Visalia Police Department to apply for the Selective Traffic Enforcement Program (STEP) for FY 2025-26 Grant for an estimated amount of $260,000 and submit the application by the January 31, 2025, deadline.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: STEP Grant Budget.

Visalia City Council Printed on 1/16/2025Page 2 of 2
powered by Legistar™
224
2025-26 STEP Grant Budget Draft
Visalia PD

TOTAL AMOUNT
$ 130,000.00
$ 130,000.00
$ -
Operations Cost per Operation
6 6,000.00$ 36,000.00$
14 6,000.00$ 84,000.00$
0 - $ - $
Benefits AL - OT @ 6.140% 1 7,368.00 $ 7,368.00$ 16 3,000.00$ 48,000.00$
10 3,000.00$ 30,000.00$
5 3,000.00$ 15,000.00$
6 3,000.00$ 18,000.00$
1 5,058.00$ 5,058.00$
0 - $ - $
2 900.00$ 1,800.00$
Benefits PT - OT @ 6.140% 1 3,942.00 $ 3,942.00$ 41,268.00$ 249,168.00$
3,200.00$ 3,200.00$
3,200.00$ 3,200.00$
-$ - $
-$ - $
2,632.00$ 2,632.00$
Handheld Radar 2 2,500.00 $ 5,000.00$
5,132.00$ 7,632.00$
-$ - $
49,600.00$ 260,000.00$
DUI Checkpoints
E. OTHER DIRECT COSTS
C. CONTRACTUAL SERVICES
Category Sub-Total
D. EQUIPMENT
Category Sub-Total
Category Sub-Total
B. TRAVEL EXPENSE
Pedestrian and Bicycle Enforcement
Street Racing Enforcement
Category Sub-Total
Category Sub-Total
DUI Checkpoint Supplies
F. INDIRECT COSTS

GRANT TOTAL

TOTAL COST TO
GRANT
Overtime
Distracted Driving
Motorcycle Safety Enforcement

COST CATEGORY
Traffic Safety Education
Traffic Enforcement

FISCAL YEAR ESTIMATES
10/1/24 thru 9/30/25
In-State
Collaborative DUI Enforcement
Collaborative Traffic Enforcement
A. PERSONNEL COSTS
402 PT 20.600 State and Community Highway
Safety
1906 Public Outreach

FUND NUMBER
164 AL Minimum Penalties for Repeat Offenders
For Driving While Intoxicated
NUMBER
(CFDA)

20.608

FUND DESCRIPTION
DUI Saturation Patrols
Category Sub-Total
OTS-38d (Rev. 4/16) Page 1 of 1 225
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0572 Agenda Date: 1/21/2025 Agenda #: 10.

Agenda Item Wording:

Authorization to Apply for the CHP Cannabis Tax Fund Grant - Authorize the Visalia Police Department to apply for the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program for up to $98,000 and submit the application by the February 23, 2025, deadline Deadline for Action: 1/21/2025
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar ext. 4215, [email protected] <mailto:[email protected]>; Lieutenant Celeste Sanchez, ext. 4573, [email protected] <mailto:[email protected]>;
Sergeant Henry Martinez, ext. 4222, [email protected] <mailto:[email protected]>;
Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> Department Recommendation:

Authorize the Visalia Police Department to apply for the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program (CTFGP) for up to $98,000 and submit the application by the February 23, 2024, deadline. The Grant is effective for FY 25/26, July 1, 2025, through June 30, 2026. Matching funds are not required. Awards will be announced by early summer 2025.

Summary:

The Cannabis Tax Fund Grant Program (CTFGP) is a valuable funding source that strengthens enforcement efforts against alcohol- and drug-impaired driving. While funded by the Adult Use Marijuana Act (AUMA), the program’s scope extends beyond marijuana impairment, providing enforcement and training opportunities to address all types of Driving Under the Influence (DUI) offenses. CTFGP specifically allocates funds for critical resources such as equipment, training, and specialized enforcement operations. This Grant provides participating agencies with the tools needed for comprehensive DUI enforcement programs, including educational presentations, Advanced Roadside Impairment Detection and Enforcement (ARIDE) training, DUI Saturation Patrols, and DUI Checkpoints.

In July 2024, the Department secured $195,000 through the CTFGP, which supported 15 DUI enforcement operations, DUI training sessions, the purchase of a DUI enforcement vehicle, and supplies for DUI Checkpoints. These resources enable the department to go beyond the scope of the Selective Traffic Enforcement Program (STEP) Grant awarded in September 2024. This additional funding not only expands DUI enforcement operations but also enables the acquisition of supplemental equipment, further enhancing the department’s ability to combat impaired driving effectively.

Visalia City Council Printed on 1/16/2025Page 1 of 3
powered by Legistar™
226
File #: 24-0572 Agenda Date: 1/21/2025 Agenda #: 10.

For the upcoming grant cycle, the Department plans to request approximately $98,000 in funding.

This allocation will cover overtime costs for 15 DUI Saturation Patrols and provide support for patrol staffing while officers attend DUI training. Additionally, the Department will seek funding for one car- mounted speed radar.

Background Discussion:

The CHP Grant provides financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and drugs. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the agency’s effectiveness through training and development of new strategies. Public education strategies include social media posts and press releases relating to the dangers of impaired driving and upcoming Department DUI enforcement operations. Education efforts will also include presentations at local schools and community events to inform future drivers of the dangers and consequences of driving under the influence of alcohol and drugs.

Funding for the Grant passed with Proposition 64 in 2016, The Control, Regulate and Tax Adult Use Marijuana Act (AUMU); pursuant to Section 34019(f)(3)(B) Revenue and Taxation Code. The CHP adopted regulations within Title 13 of the California Code of Regulations (CCR), Division 2 by adding Chapter 13 which governs this Grant.

Fiscal Impact:

Staff will go back to Council to appropriate the funds if Grant is awarded. There are no matching funds required.

The Grant budget is as follows:

CHP Cannabis Grant Budget
Overtime $78,930
Training Backfill $9,500
Benefits (6.14%) $5,430
Car Mounted Radar $3,727
Total Budget $97,587
Prior Council Action: N/A
Other: N/A
Alternatives: To not apply for the Grant.

Recommended Motion (and Alternative Motions if expected):

Authorize the Visalia Police Department to apply for the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program (CTFGP) for up to $98,000 and submit the application by the February 23, 2025, deadline.

Visalia City Council Printed on 1/16/2025Page 2 of 3
powered by Legistar™
227
File #: 24-0572 Agenda Date: 1/21/2025 Agenda #: 10.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Solicitation and Chapter 13 CCR for eligible and ineligible project cost details.

Visalia City Council Printed on 1/16/2025Page 3 of 3
powered by Legistar™
228
Count
Position
Description OT HRS OT Rate OT Wage
1 POLICE SERGEANT 6.00 117.00$ 702.00$
2 POLICE OFFICER 6.00 95.00$ 570.00$
3 POLICE OFFICER 6.00 95.00$ 570.00$
4 POLICE OFFICER 6.00 95.00$ 570.00$
5 POLICE OFFICER 6.00 95.00$ 570.00$
6 POLICE OFFICER 6.00 95.00$ 570.00$
7 POLICE OFFICER 6.00 95.00$ 570.00$
8 POLICE OFFICER 6.00 95.00$ 570.00$
9 POLICE OFFICER 6.00 95.00$ 570.00$

54.00 5,262.00$
OT Salary 5,262.00$
78,930.00$
Count
Position
Description OT HRS OT Rate OT Wage
Day 1 POLICE OFFICER 1 10 95.00$ 950.00$
Day 2 POLICE OFFICER 1 10 95.00$ 950.00$
Day 3 POLICE OFFICER 1 10 95.00$ 950.00$
Day 4 POLICE OFFICER 1 10 95.00$ 950.00$
Day 5 POLICE OFFICER 1 10 95.00$ 950.00$
Day 1 POLICE OFFICER 2 10 95.00$ 950.00$
Day 2 POLICE OFFICER 2 10 95.00$ 950.00$
Day 3 POLICE OFFICER 2 10 95.00$ 950.00$
Day 4 POLICE OFFICER 2 10 95.00$ 950.00$
Day 5 POLICE OFFICER 2 10 95.00$ 950.00$
100 9,500.00$
OT Salary 9,500.00$
Benefits
Count Position DescriptionOT Wage 6.14% Benefit
1 DUI SATURATION $78,930 4,846.30$
2 DUI TRAINING $9,500 583.30$
88,430.00$ 5,429.60$
OT Salary 88,430.00$
OT Benefits 5,429.60$
Total S&B 93,859.60$
DUI Saturation Overtime
DUI Training Backfill
X15 Detials
229
radar
855 E. Collins Blvd
Richardson, TX 75081
Phone: 972-398-3780
Fax: 972-398-3781
applied concepts, inc.

QUOTE
National Toll Free: 1-800- STALKER

12/26/24
Reg Sales Mgr:
#
Effective From : Lead Time:

Date:

Bill To: Ship To:

Visalia Police Dept
303 S Johnson St
Visalia, CA 93291-6135
Accounts Payable
Visalia Police Dept
4100 S County Center Dr
Visalia, CA 93277-7903
Sergeant Henry Martinez
FedEx Ground012151Customer ID:
2098563
Brian Wong
+1-310-429-0519Inside Sales Partner:

Valid Through: 03/26/2025 45 working days
Anthony Greene
+1-972-801-4892
12/26/2024
[email protected] [email protected]
Qty Part Number Description Price Ext PriceLn
200-0965-501 $0.001 2X Counting Unit, 1.5 PCB, ARM Processor 200-1570-001 $0.002 2X Modular OSC Display
200-1468-001 $0.003 Dual DSR Ka Antenna
200-1468-011 $0.004 2X Rear Antenna
200-0919-001 $0.005 2X Fast Lock Remote w/Screw Latch
200-0769-001 $0.006 25 MPH/40 KPH KA Tuning Fork
200-0770-001 $0.007 40 MPH/64 KPH KA Tuning Fork
200-0648-001 $0.008 Display Sun Shield
200-0243-001 $0.009 Counting/Display Tall Mount
200-0244-001 $0.0010 Antenna Dash Mount
200-0245-001 $0.0011 Antenna Tall Deck Mount
155-2591-081 $0.0012 8 Foot Antenna Cable, IP67
155-2591-201 $0.0013 20 Foot Antenna Cable, IP67
200-0622-011 $0.0014 2015-Present Tahoe VSS Cable Kit
200-0619-001 $0.0015 2X Documentation Kit
006-0094-001 $0.0016 Fan Noise Suppression Addendum - 2X 035-0361-001 $0.0017 Shipping Container, Dash Mounted Radar 060-1000-361 $0.0018 36 Month Warranty
Group Total $3,435.00
Grp Qty Package Description Price Ext PriceWrnty/Mo
1 1 807-0001-00 DSR 2X Radar with Fast Lock Remote $3,435.00 $3,435.0036 Vehicle Information:
2024 Chevrolet Silverado
Sub-Total:

Sales Tax
Shipping & Handling:

Total: USD
Product
Discount
Payment Terms:
001
$3,435.00
$0.00
$3,435.00

8.5% $291.98
$0.00
$3,726.98Net 30 days
This Quote or Purchase Order is subject in all respects to the Terms and Conditions detailed at the back of this document. These Terms and Conditions contain limitations of liability, waivers of liability even for our own negligence, and indemnification provisions, all of which may affect your rights. Please review these Terms and Conditions carefully before proceeding. 230
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0575 Agenda Date: 1/21/2025 Agenda #: 11.

Agenda Item Wording:

Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-17 pertaining to the approval of 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: 1/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Brandon Smith, Principal Planner, [email protected] <mailto:[email protected]>, (559) 713-4636;
Paul Bernal, Planning and Community Preservation Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council adopt the second reading of Ordinance No. 2024-17 for Zoning Text Amendment No. 2024-05, to establish and amend portions of Municipal Code Title 17 (Zoning Ordinance) 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:

The first reading of Ordinance No. 2024-17 for Zoning Text Amendment (ZTA) No. 2024-05, approved by the City Council on December 16, 2024, assists in implementing four programs that were adopted with the 6th Cycle 2023-2031 Housing Element Update. Following the second reading and City Council adoption, Ordinance No. 2024-17 will go into effect 30 days following the January 21, 2025 meeting.

These Zoning Code revisions which pertain to the Housing Element programs have been initiated by City staff because they have been determined as necessary by the State Department of Housing and Community Development (HCD) in order for the City to comply with current State Housing Element law and mandates. The proposed ZTA represents the first round of changes being undertaken to bring the City’sordinances into compliance with State law and 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 fulfills two implementation programs that the Element identified to be completed within approximately one year following adoption and two implementation programs Visalia City Council Printed on 1/16/2025Page 1 of 3
powered by Legistar™
231
File #: 24-0575 Agenda Date: 1/21/2025 Agenda #: 11.
be completed within approximately one year following adoption and two implementation programs which the State mandated to be completed within one year based upon the certification date of the City’s Housing Element Update.

The four implementation programs are:

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 certain sites repeated in the site inventory that were either identified as nonvacant sites previously listed the 5th cycle housing element, or identified as vacant sites previously listed in both the 5th and 4th cycle housing elements.

For the purpose of choosing only selected sites / parcels to be developable by right subject to meeting criteria, the ZTA adds a new overlay district entitled “DesignatedHousing Element Sites (HE) Overlay” as an Article and Section to Zoning Ordinance Chapter 17.06, Zone Classifications.

Annexations to Accommodate Future Housing Needs (Portion of Program 1.7) The City shall complete the annexation process for certain identified annexation sites, and, in doing so, shall provide owner-occupied and rental multifamily uses by-right (without discretionary approval) in compliance with Government Code section 65583.2 subdivisions (h) and (i) 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.

For the purpose of choosing only selected sites / parcels to be developable by right subject to meeting criteria, the ZTA adds a new overlay district entitled “DesignatedHousing Element Sites (HE) Overlay” as an Article and Section to Zoning Ordinance Chapter 17.06, Zone Classifications.

Municipal Code Updates (Portion of Program 5.8)
The City shall amend its municipal code to allow accessory dwelling units (ADUs) by-right in all zones allowing residential uses, in compliance with State law.

The ZTA makes changes to the Zone Use Matrix’sline item for Accessory Dwelling Units, located in Zoning Ordinance Section 17.25.030.

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 ZTA adds a new Article and Sections to the City’sZoning Ordinance Chapter 17.02, General Provisions, commencing with the Purpose in Section 17.02.190.

Fiscal Impact:

None.

Visalia City Council Printed on 1/16/2025Page 2 of 3
powered by Legistar™
232
File #: 24-0575 Agenda Date: 1/21/2025 Agenda #: 11.

Prior Council Action:

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

On December 16, 2024, the City Council introduced the first reading of Ordinance No. 2024-17, for the approval of Zone Text Amendment No. 2024-05. During the first reading, no public comment was received, and no revisions were made to the ordinance.

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: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading and adopt 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: 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.

Attachments:

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

2. City Council staff report from 1st Reading of Ordinance No. 2024-17, December 16, 2024

3. 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 Visalia City Council Printed on 1/16/2025Page 3 of 3
powered by Legistar™
233
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., 6 th 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 6 th Cycle Update of the Housing Element is to adopt a text amendment to th e 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 Deve lopment for the 6 th 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 Ca lifornia 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 6 th 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 low er 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

234
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

235
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 n otice, 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 Environme ntal 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 develop ment 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 Amen dment 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 identif ied in past housing elements. Specifically, the City will allow affordable residential development by - right 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 236
ORDINANCE 2024-17
Local Agency Formation Commission (LAFCO). In doi ng 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 owner - occupied and ren tal 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 (5 th Cycle Four -Year Housing Element Update and 6 th Cycle Housing Element Update). These standards are designed to promote and ensure compatibility with adjacent land uses.
237
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 consi stent, 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) (com mon 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 respe ctive 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 Exhibit s “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 affe ct 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 decla res 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.

238
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:
239
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
240
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 S ections 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 lower - income 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 c omplies 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 Muni cipal 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 o f this Section as completing annexation during the 2023 -2031 Housing Element cycle, owner -occupied and rental multi - family uses shall be allowed by -right (without discretionary approval) when 20 percent or more of the units in the corresponding zone are ma de 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 re sidential 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. 241
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

17.14 242
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.
243
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. 244
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: Version: 124-0523
Status:Type: Public Hearing Item Agenda Ready
File created: In control:11/20/2024 Visalia City Council On agenda: Final action:12/16/2024
Title: 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).

Sponsors:

Indexes:

Code sections:

Attachments: 1. Attachment 1 Ordinance for ZTA 2024-05, 2. Attachment 2 Excerpts of Related Sections of State Law, 3. Attachment 3 Complete Table of 6th Cycle HE Implementation Programs ok, 4. Attachment 4 State HCD Letter 12_04_2024
Action ByDate Action ResultVer.

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 Visalia City Council Printed on 12/16/2024Page 1 of 8
powered by Legistar™245
File #: 24-0523, Version: 1
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’sadoption 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:

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.

Visalia City Council Printed on 12/16/2024Page 2 of 8
powered by Legistar™246
File #: 24-0523, Version: 1
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 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 owner- occupied 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 Visalia City Council Printed on 12/16/2024Page 3 of 8
powered by Legistar™247
File #: 24-0523, Version: 1
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 bringing the City’sOrdinance 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.

Visalia City Council Printed on 12/16/2024Page 4 of 8
powered by Legistar™248
File #: 24-0523, Version: 1
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’sSites 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 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’sunits 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 Visalia City Council Printed on 12/16/2024Page 5 of 8
powered by Legistar™249
File #: 24-0523, Version: 1
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’sstandard 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’sOrdinance 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’sline item for Accessory Dwelling Units as follows:
· It changes the use description from simply “AccessoryDwelling Units”to “AccessoryDwelling 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’sADU Ordinance, which will be presented to the City Council at their December 16th meeting.

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’sZoning Ordinance Chapter 17.02, General Provisions, commencing with the Purpose in Section 17.02.190. This new City ordinance will be the City’sacknowledgement 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 Visalia City Council Printed on 12/16/2024Page 6 of 8
powered by Legistar™250
File #: 24-0523, Version: 1
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’sordinance into compliance with state law and the programs as noted in the 6th Cycle Housing Element.

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.

Visalia City Council Printed on 12/16/2024Page 7 of 8
powered by Legistar™251
File #: 24-0523, Version: 1
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:

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.

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

3. Complete Table of 6th Cycle Housing Element Implementation Programs

4. State HCD Letter of Inquiry, December 4, 2024
Visalia City Council Printed on 12/16/2024Page 8 of 8
powered by Legistar™252

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 peri od, 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 development s 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.
253

(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 a ffordable 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 Div ision 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. 254

(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.)

255

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 s o 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. 256

(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 a nd 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 miti gation 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:
257

(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 other wise 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 dec isions 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 Se ction 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.
258

(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 resource s 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 limit ed 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 su ch 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 s ubstantive 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.
259

(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 undertake n pursuant to federal statutes containing specific waivers of sovereign immunity.
(Added by Stats. 1998, Ch. 272, Sec. 2. Effective January 1, 1999.)

260
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0576 Agenda Date: 1/21/2025 Agenda #: 12.

Agenda Item Wording:

Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-15 pertaining to the approval of Zoning Text Amendment No. 2024-03: A request by the City of Visalia to add to and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Assessment Status: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17.

Deadline for Action: 1/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Brandon Smith, Principal Planner, [email protected] <mailto:[email protected]>, (559) 713-4636;
Paul Bernal, Planning and Community Preservation Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council adopt the second reading of Ordinance No. 2024-15, to establish and amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units.

However, not included in this 2nd Reading is Ordinance No. 2024-16 pertaining to Objective Design Standards for single-family residential land uses. This portion of the ZTA and the respective ordinance was also introduced on December 16, 2024, along with the ordinance pertaining to ADUs, but was directed by City Council to conduct further outreach before proceeding.

Background Discussion:

The first reading of Ordinance No. 2024-15 for Zoning Text Amendment (ZTA) No. 2024-03, approved by the City Council on December 16, 2024, amends portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units (ADUs). Following the second reading and City Council adoption, Ordinance No. 2024-15 will go into effect 30 days following the January 21, 2025 meeting.

No changes or revisions to Ordinance No. 2024-15 were directed by City Council or recommended by staff during the first reading conducted on December 16, 2024.

The ADU Ordinance Update amends the City’sexisting ordinance to ensure compliance with state law commencing in Government Code Section 66310. As proposed, this ordinance will meet the requirements for state law.

Visalia City Council Printed on 1/16/2025Page 1 of 2
powered by Legistar™
261
File #: 24-0576 Agenda Date: 1/21/2025 Agenda #: 12.

The Ordinance being proposed through the Zoning Text Amendment proposes to remove in its entirety the current City ordinance pertaining to ADUs that commences in Article 2 of Chapter 17.12 pertaining to the Single-family Residential Zone. A newly written code is proposed to be located as a new stand-alone chapter, Chapter 17.14, which is currently unused. The rationale behind moving the code away from the Single-family Residential Zone chapter is in recognition that ADU’s, in accordance with state law, are now permitted in any residential or mixed-use zone, as well in zones where residential uses are conditionally allowed (ref. Section 17.14.040). The ZTA further updates references to the ADU ordinance that are found in other chapters of the ordinance.

Fiscal Impact:

None.

Prior Council Action: On December 16, 2024, the City Council introduced the first reading of Ordinance No. 2024-15, for the approval of Zone Text Amendment No. 2024-03. During the first reading, four public comments were made during the public hearing, although all four comments were directed towards the Objective Design Standards portion of the proposed Zone Text Amendment.

Planning Commission Review and Action: On November 12, 2024, the Planning Commission voted to recommend approval of Zoning Text Amendment No. 2024-03 as presented by staff. At the request of staff, the motion included a request for staff to bring the Objective Design Standard ordinance back to the Commission on November 25, 2024, to add an appeal provision, which was then accepted by the Commission without further discussion.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading and adopt Ordinance No. 2024-15 for Zone Text Amendment No. 2024-03.

Environmental Assessment Status: The Zoning Ordinance amendment for the proposed ADU ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 which specifically exempts the adoption of an updated ADU ordinance.

CEQA Review: The Zoning Ordinance amendment for the proposed ADU ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 which specifically exempts the adoption of an updated ADU ordinance.

Attachments:

1. Ordinance No. 2024-15 for Accessory Dwelling Units

2. City Council staff report from 1st Reading of Ordinance No. 2024-15, December 16, 2024
Visalia City Council Printed on 1/16/2025Page 2 of 2
powered by Legistar™
262
ORDINANCE NO. 2024-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2024-03, A REQUEST BY THE CITY OF VISALIA

TO ADD TO AND AMEND REGULATIONS WITHIN THE VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE) PERTAINING TO ACCESSORY DWELLING UNITS.

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

WHREAS, Zoning Text Amendment No. 2024 -03 is a request by the City of Visalia to add to and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units and to Single -Family Residential Objective Design standards and Planned Residential Development standards applicable to new single -family residential developments . This Ordinance only pertains to the adoption of regulations pertaining to Accessory Dwelling Units ; and,

WHEREAS, as required by California law, the City of Visalia has prepared an update (i.e., 6 th 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. 3.15) required by the California Department of Housing and Community Development for t he 6 th Cycle Update of the Housing Element is to adopt a text amendment to the Visalia Zoning Ordinance to compile and publish information regarding permit requirements and changes in State law as it pertains to Accessory Dwelling Units; and,

WHEREAS, the City of Visalia has initiated a Zoning Text Amendment to update its existing ordinance pertaining to Accessory Dwelling Units particularly in response to state legislation passed in recent years that has greatly expanded upon various aspects of Accessory Dwelling Unit regulation, including the number and types of units allowed on a property, and that said Zoning Text Amendment is being done to ensure compliance and consistency with state law and to provide the public with an updated set of local regulat ions that will aid persons with understanding the requirements for Accessory Dwelling Units; and,

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on November 12, 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 263
City of Visalia and on the evidence contained in the staff report and testimony presented at th e public hearing , and recommended that the City Council approve Zoning Text Amendment No. 2024-03; 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) pursuant to Public Resources Code Section 21080.17 which specifically exempts the adoption of an updated Accessory Dwelling Unit ordinance, and pursuant to Code of Regulations Section 15061(b)(3) (common sense exemption), as the proposed zone text amendment will not in and of themselves have an effect on t he 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 RESOL VED that the project is exempt from further environmental review pursuant to CEQA Guidelines, Public Resources Code Section 21080.17, and Code of Regulations 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 A mendment is consistent with the intent o f the General Plan 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 Land Use and Housing Element Policies:

Land Use El ement Policy LU -O-21 - Preserve and enhance the character of residential neighborhoods while facilitating infill development.

Land Use Element Policy LU -O-23 - Provide a range of housing types and prices within new neighborhoods to meet the needs of all segments of the community.

Land Use Element Policy LU -P-49 - Preserve established and distinctive neighborhoods throughout the City by maintaining appropriate zoning and development standards to achieve land use compatibility in terms of height, massing and other characteristics; providing design guidelines for high -quality new development; supporting housing rehabilitation programs; and other means. 264
Land Use Element Policy LU-P-50 - Provide development standards to ensure that a mix of detached and attached single-family and multi-family housing types can be compatible in a single development.

Housing Element Policy 1.4 - The City shall encourage a mix of residential development types in the city, including single family homes, on a variety of lot sizes, as w ell as townhomes, row houses, live -work units, planned unit developments, accessory dwelling units, and multi-family housing.

Housing Element Policy 3.11 - The City shall continue to support, facilitate the construction, and provide for the development of accessory dwelling units on parcels with single -family and multi -family units while protecting the character of neighborhoods and zoned parcels as a means of providing affordable housing.

Housing Element Program 2.7 Missing Middle: The City will review and amend residential development standards to allow for and promote a mix of dwelling types and sizes, specifically missing middle -density housing types (e.g., duplexes, triplexes, courtyard buildings, townhomes) to encourage the development of housing types affordable to the local workforce.

Housing Element Program 3.15 Promoting Accessory Dwelling Units. - The City shall promote the development of ADUs, prioritizing the higher resource areas.

2. That applying the proposed Accessory Dwelling Unit standards to future housing and residential uses will encourage increased housing options, including but not limited to affordable housing, throughout the City, as endorsed through the City of Visalia Housing Element Update (6 th Cycle). These standards are designed to promote and ensure compatibility with adjacent land uses.

3. That the City has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 which specifically exempts the ado ption of an updated ADU ordinance, and pursuant to the CEQA Common Sense Exemption (Code of Regulations Section 15061(b)(3)) since there would be no possibility of a significant effect on the environment.

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment No. 2024-03, is approved, as contained in Exhibit “A ” 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, sen tences, 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, 265
paragraph, sentence, clause or p hrase 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 suppleme nt, 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.

266
Ordinance No. 2024-__
EXHIBIT ‘A’

Section 1. Visalia Municipal Code Title 17 ( Zoning Ordinance) is hereby amended, to read as follows , as specified by as specified by underline & italics for additions and strikeout for deletions:

Title 17 ZONING
Chapters:

17.14 [Reserved] Accessory Dwelling Units

Chapter 17.08 Agriculture Zone

17.08.030 Accessory uses.

The following accessory uses are allowed in conjunction with permitted uses:

D. Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200 Chapter 17.14.

Chapter 17.10 Open Space Zone

17.10.030 Accessory uses.

C. Accessory dwelling units as specified in Chapter 17.14.

Chapter 17.12 Single-family Residential Zone

17.12.060 One Number of dwelling units per site.

Article 2. Accessory Dwelling Units

17.12.140 Purpose and intent.

17.12.150 Definitions.

17.12.160 General provisions.

17.12.170 Process.

17.12.180 Development requirements.

17.12.190 Appeals.

17.12.200 Existing nonconforming accessory dwelling units. 267

17.12.030 Accessory uses.

In the R-1 single-family residential zone, the following accessory uses shall be permitted, subject to specified provisions:

D. Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200 Chapter 17.14.

17.12.040 Conditional uses.

In the R-1 single-family residential zone, the following conditional uses may be permitted in accordance with the provisions of Chapter 17.38:

M. Duplexes on corner lots;
[Note: All subsequent items in list shall be renumbered commencing with M.]

17.12.060 One Number of dwelling units per site.

In the R-1 single-family residential zone, not more than one dwelling unit shall be located on each site, with the exception to Section 17.12.020(J) notwithstanding Chapter 17.14 pertaining to accessory dwelling units, and notwithstanding California Government Code Section 65852.21(a) which allows two residential units on a site.

Article 2. Accessory Dwelling Units

17.12.140 Purpose and intent.

It is the purpose of this article to provide for the following:

A. To encourage a range of housing types, styles and costs to suit the varying needs and desires of the community;
B. To allow homeowners a means of obtaining, through tenants and accessory dwelling units, an additional source of income, companionship, security, and services; C. To add inexpensive rental units to the housing stock of the city; D. To create homeownership opportunities for moderate income households who might otherwise be excluded from the housing market, through the additional income derived from accessory dwelling units;
E. Develop housing in single-family neighborhoods that is appropriate for a variety of stages in the household life cycle, thereby lessening fluctuations in neighborhood demand for public services;
268
F. Protect the stability, property values, and character of single family residential neighborhoods by insuring that accessory dwelling units are subject to the standards that follow. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(A))

17.12.150 Definitions.

As used in this article, the following terms are defined in this section:
"Principal dwelling unit" means a single-family dwelling unit situated on a residential lot in the A or R-1 zones to which an accessory dwelling unit as defined by this article has been or is proposed to be added.
"Accessory dwelling unit" means an additional dwelling unit having separate kitchen, sleeping, and sanitation facilities constructed or adopted within, onto, or detached from a single-family dwelling on a residential lot in the A or R-1 zones. Accessory dwelling units may also be efficiency units, as defined in Section 17958.1 of the health and Safety code, and manufacturing homes, as defined in Section 18007 of the Health and Safety Code.
"Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or an accessory structure. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(B))

17.12.160 General provisions.

An accessory dwelling unit may be established by the conversion of an attic, basement, garage (if alternative parking area is provided for the principal dwelling unit), or other portion of a principal dwelling unit. A detached accessory dwelling unit may be established by the conversion of an accessory structure or may be new construction.

Second dwelling units may be mobile homes, provided that such units are subject to all applicable standards of Section 17.32.110, governing the placement of mobile homes on single-family lots. All applications for accessory dwelling units, whether processed as a permitted use or an exception, must comply with the general provisions stated below:

A. Accessory dwelling units shall only be allowed on lots located in the A and R-1 zones;
B. In no case shall more than one accessory dwelling unit be placed on the same lot or parcel;
C. Second dwelling units shall be subject to all applicable building, fire, health and safety codes and may not have adverse impacts on any real property that is listed in the California Register of Historic Places;
269
D. Second dwelling units may only be constructed on lots or parcels that are at least five thousand (5,000) square feet in area;
E. A covenant running with the land between the city and the applicant shall be recorded with the Tulare County recorder prior to the issuance of any building permits requiring that the primary or the proposed accessory dwelling unit shall be occupied by the owner of record;
F. The accessory dwelling unit shall be clearly subordinate to the principal dwelling unit by size, location and appearance;
G. The second unit's scale, appearance and character shall be similar to and compatible in design with the principal dwelling unit and adjacent residences; H. In no case shall any accessory dwelling unit be approved on a site on which the principal dwelling unit has been the subject of a garage conversion pursuant to the regulations of Section 17.32.140 governing such conversions.

I. Size. A manufactured home shall not be less than eight (8) feet wide by forty (40) feet long and three hundred twenty (320) square feet in living area. An efficiency unit shall not be less than one hundred fifty (150) square feet in living area and meet all space and occupancy standards of Chapter 5 of the Uniform Housing Code; J. Access. Doorway access shall be provided either to the side or rear of the second housing unit;
K. Utility Services. Second housing units shall be provided with water, sewer, and other utilities as determined by the building official. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(C))

17.12.170 Process.

The city planner shall approve or deny accessory dwelling unit requests based upon the specified requirements. The applicant may appeal the decision of the city planner to the planning commission, setting forth the reason for such appeal to the commission.

Such appeal shall be filed with the city planner, in writing, within ten (10) days after notification of such decision. The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting following the filing of the appeal. The planning commission's review shall be limited to compliance with the specified requirements. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(D))
270

17.12.180 Development requirements.

The following development requirements shall apply to accessory dwelling units:

A. The increased floor area of the second unit shall not exceed twelve hundred (1,200) square feet or ) fifty (50) percent of the main dwelling unit, whichever is greater, and shall be used as an accessory to the primary single family home.

B. Adequate parking area must be available on the streets adjacent to the accessory dwelling unit. If adequate on-street parking is not available in the immediate vicinity, or in the case of all second units located on cul-de-sac lots, one additional off-street parking space must be provided. Tandem parking shall not be deemed as meeting the above parking requirement. The additional parking space shall be waived if in any of the following instances:

1. The accessory dwelling unit is located within one-half (0.5) miles of public transit.

2. The accessory dwelling unit is located within an architecturally and historically significant historic district.

3. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

5. When there is a car share vehicle located within one block of the accessory dwelling unit.

C. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements, and lot coverage shall apply.

D. Detached accessory dwelling units are subject to all applicable standards for accessory structures, as stated in the development requirements for the underlying zone, unless a variance has been granted pursuant to Chapter 17.42. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(E))

17.12.190 Appeals.

The applicant may appeal the decision of the city planner to the planning commission, setting forth the reason for such appeal to the commission. Such appeal shall be filed with the city planner in writing, within ten (10) days after notification of such decision.

The appeal shall be placed on the agenda of the commission's next regular meeting. If the appeal is filed within five (5) days of the next regular meeting of the commission, the appeal shall be placed on the agenda of the commission's second regular meeting 271
following the filing of the appeal. The planning commission's review shall be limited to compliance with the specified requirements. The decision of the commission shall be final unless appealed to the council pursuant to Section 17.02.145. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997: prior code § 7283(F))

17.12.200 Existing nonconforming accessory dwelling units.

An existing accessory dwelling unit situated on a lot or parcel in the A or R-1 zones shall constitute a violation of this title unless: (1) the unit meets the standards and criteria of Chapter 17.12, and an agreement is recorded; or (2) the accessory dwelling unit qualifies as a permitted nonconforming use and structure under the provisions of Chapter 17.40. No enlargement of habitable space shall be allowed unless the standards and criteria of Chapter 17.12 are met. This shall not apply to maintenance of the unit. (Ord. 2017-01 (part), 2017: Ord. 2003-23 § 2, 2003: Ord. 9717 § 2 (part), 1997:
prior code § 7283(G))

Chapter 17.14: Accessory Dwelling Units

17.14.010 Purpose and Intent.

17.14.020 Acknowledgement.

17.14.030 Applicability.

17.14.040 Where Allowed.

17.14.050 Permit Requirements and Processing Procedures.

17.14.060 Types of Accessory Dwelling Units.

17.14.070 Types and Number of Units Allowed.

17.14.080 Standards Applicable to All Accessory Dwelling Units.

17.14.090 Additional Standards Applicable to Attached and Detached Accessory Dwelling Units.

17.14.100 Standards Applicable to Converted Accessory Dwelling Units.

17.14.110 Standards Applicable to Junior Accessory Dwelling Units.

17.14.010 Purpose and Intent.

The purpose and intent of this Chapter is as follows:
272
A. Purpose. The purpose of this Chapter is to provide regulations for the development of accessory dwelling units through a ministerial process consistent with California Government Code Section 66310 through 66342.

B. Intent. The regulations in this Chapter are intended to:

1. Implement the provisions of the General Plan Housing Element;

2. Assure compliance with California Government Code Section 66310 through 66342 and other relevant housing legislation;

3. Encourage the development of accessory dwelling units;

4. Streamline and minimize governmental constraints on residential development; and

5. Minimize potential adverse impacts on the public health, safety, and general welfare that may be associated with accessory dwelling units.

17.14.020 Acknowledgement.

The City recognizes the State of California is facing a housing cri sis. The City acknowledges accessory dwelling units expand lower cost housing opportunities and are an essential component of the City’s and State’s housing supply.

17.14.030 Applicability.

The regulations established in this Chapter shall apply to all accessory dwelling units where allowed in compliance with Section 17.14.040 (Where Allowed) of this Chapter and State law. Any construction, establishment, alteration, enlargement, or modificat ion of an accessory dwelling unit shall comply with the requirements of this Chapter and the California Building Code. An accessory dwelling unit that conforms to the standards of this Chapter shall not be:

A. Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the accessory dwelling unit is located or proposed; B. Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit is located or proposed;
C. Considered in the application of any City ordinance, policy, or program to limit residential growth; and
D. Required to correct a nonconforming zoning condition as defined in Chapter 17.04 (Definitions). This does not prevent the City from enforcing compliance with applicable building standards in compliance with Health and Safety Code Section 17980.12.

273

17.14.040 Where Allowed.

In compliance with California Government Code Section 66314, accessory dwelling units shall be allowed by -right (ministerially permitted) in any zone which allows residential uses. Specifically, the City’s Agriculture zone (A), Open Space zone (OS), Single-family residential zones (R -1-5, R -1-12.5, and R -1-20), and Multi -family residential zones (R-M-2 and R-M-3) shall allow accessory dwelling units by-right.

This Section also applies to mixed -use zoning districts which allow residen tial and zones which allow residential as a conditionally permitted use. Specifically, the City’s Commercial zones (C -N, C-R, C-S, C -MU, and D -MU, Office zones (O -PA and O -C), and Industrial zones (BRP, I-L, and I) shall allow accessory dwelling units by-right.

17.14.050 Permit Requirements and Processing Procedures.

A. An application for an accessory dwelling unit that complies with all applicable requirements of this Chapter and California Government Code Section 66310 through 66342 shall be approved m inisterially through the Building Permit process. A Building Permit application for an accessory dwelling unit on a parcel with an existing or proposed single -family or multi -family dwelling shall be approved or denied within 60 days of the Building Permit application being deemed complete. The Building Permit applicant may request a delay in the City processing of the Building Permit, which shall result in the suspension of the 60-day time period.

B. If a permit application for an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single -family or multi -family dwelling on the lot, including conditional use permits, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application for the primary single -family or multi -family dwelling, but the application to build the accessory dwelling unit or jun ior accessory dwelling unit shall be considered ministerially without discretionary review or hearing.

17.14.060 Types of Accessory Dwelling Units.

An accessory dwelling unit approved under this Chapter may be one of, or a combination of, the following types:

A. Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling.
274
B. Detached. An accessory dwe lling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand -alone garage converted into an accessory dwelling unit. The detached acces sory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling.

C. Converted. An accessory dwelling unit that is entirely located within the existing primary dwelling or accessory structure, including but not limited t o attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, or other similar structure. See Section 17.14.100 (Standards Applicable to Converted Accessory Dwelling Units) of this Chapter.

D. Junior Accessory Dwelling Unit. A junior accessory dwelling unit is a unit that meets all the following (see Section 17.14.110 (Standards Applicable to Junior Accessory Dwelling Units) for additional regulations):

1. Shall only be allowed on parcels zo ned Single-family Residential (R-1-5, R-1-12.5, or R-1-20) and that include an existing or proposed single-family dwelling.

2. Is entirely located within a proposed or existing primary single -family dwelling or its attached garage.

3. Has independent exterior access from the primary dwelling.

4. Has sanitation facilities that are either shared with or separate from those of the primary dwelling.

5. Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

17.14.070 Types and Number of Units Allowed.

A. Single -Family Residential Zones. One of each of the following types of accessory dwelling units are allowed on lots zoned Single-Family Residential:

1. One new construction accessory dwelling unit, attached or detached, as described in Government Code Section 66323(a)(2).

2. One conversion accessory dwelling unit, attached or detached, within the existing or proposed square footage of the primary single-family dwelling or accessory structure, as described in Government Code Section 66323(a)(1).

3. One junior accessory dwelling unit built fully within the existing square footage of the primary single -family dwelling unit as described in Government Code Section 66323(a)(1).
275
B. Multi-Family Residential Zones. Accessory dwelling units are allowed in Multi -Family Residential zones and shall comply with all of the following:

1. Converted Spaces within a Multi -Family Residential Dwelling Structure. Multiple accessory dwelling units shall be allowed within an existing or proposed multi -family residential dwelling structure and shall comply with all of the following:
a. Accessory dwelling units are allowed within any multi -family residential dwelling structure in portions of such structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that any such space converted to an accessory dwelling unit complies with minimum State building standards for residential dwellings. b. The number of accessory dwelling units al lowed in converted spaces of multi -family residential dwelling structures is limited to a maximum of 25 percent of the number of multi-family dwellings within the existing or proposed structure (Example: If a multi - family structure has 10 units, a maximum of two accessory dwelling units in converted spaces is allowed.). In no case shall fewer than one accessory dwelling unit be allowed.

2. Detached Accessory Dwelling Units. No more than two detached accessory dwelling units on a parcel with an existing or proposed multi-family residential dwelling structure.

C. Mixed-Use Zones and Conditional Use. Accessory dwelling units are allowed by right in mixed use zones and zones where residential uses are allowed as a conditional use.

The number and type of acces sory dwelling units allowed in these zones shall be in accordance with Section 17.14.070(A) and 17.14.070(B) dependent on the type of existing or proposed residential use on the proposed lot.

D. Urban Lot Splits. Parcels that undergo a lot split in accordance with Government Code Section 65852.21 and 66411.7 are allowed a maximum of two dwelling units per lot. Accessory dwelling units and junior accessory dwelling units shall count towards this two-unit limit.

E. In no case shall more than four units be allowed on a single lot in any combination of primary dwelling units, accessory dwelling units, and junior accessory dwelling units.

17.14.080 Standards Applicable to All Accessory Dwelling Units.

The following standards apply to all accessory dwelling units, including junior accessory dwelling units.

A. Parcel Size and Width. No minimum parcel size or parcel width standards shall apply to the construction of an accessory dwelling unit.
276
B. Parcel Coverage. No parcel coverage standards shall apply to the construction of an accessory dwelling unit.

C. Open Space. An accessory dwelling unit shall comply with the minimum open space requirements of the applicable zoning district, except in the ca se where the minimum open space requirement would preclude an accessory dwelling unit, one attached or detached accessory dwelling unit with a maximum size of 800 square feet, regardless of the number of bedrooms, shall be allowed and shall comply with the requirements of this Chapter.

D. Owner Occupancy. The property owner is not required to occupy the accessory dwelling unit or primary dwelling located on the parcel.

E. Separate Access Required. An accessory dwelling unit shall have exterior access that is separate from the exterior access for the primary dwelling.

F. Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling per the California Building Code.

G. Permanent Foundation.

1. All accessory dwelling units shall be permanently attached to a permanent foundation as defined by the California Building Code.

2. The use of a recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, tiny house on wheels, boat, or other apparatus not designed for permanent human habitation is prohibited from use as an accessory dwelling unit.

H. Nonconforming Conditions. The correction of nonconforming zoning conditions is not required in order to establish an accessory dwelli ng unit on a parcel with a primary dwelling.

I. Illegal Units. This Chapter shall not validate any existing illegal accessory dwelling units or junior accessory dwelling units. The standards and requirements for the conversion of an illegal accessory unit to a legal conforming unit shall be the same as for a new accessory dwelling unit.

J. Separate Conveyance. Except as provided in Government Code Section 66340 through 66342, an accessory dwelling unit shall not be sold or otherwise conveyed separately from the parcel and the primary dwelling(s).

K. Rental Term. No accessory dwelling unit shall be rented for a term of less than 30 days.

L. Impact Fees. No impact fees (including school fees) shall be charged to an accessory dwelling unit that is less than 750 square feet in size. Any impact fee charg ed to an accessory dwelling unit 750 square feet or larger in size, including accessory dwelling 277
units converting existing space, shall be charged proportionately in relation to the square footage of the primary dwelling.

1. Single Family Residential. For purposes of calculating the fees for an accessory dwelling unit on a lot with a single -family dwelling, the proportionality shall be based on the square footage of the primary dwelling unit (e.g. the floor area of the accessory dwelling unit, divided by t he floor area of the primary dwelling unit, times the typical fee amount charged for a new dwelling).

Example impact fee calculation for an accessory dwelling unit on a single -family residential parcel:

Public Facility Impact Fee for Single Family
DU
$692.00
Example Square Footage of Primary
Dwelling
1,500
Example Square Footage of ADU 800
Public Facility Impact Fee for ADU $369.07
This calculation is for example purposes only, actual impact fees are subject to change based on the City of Visalia Development Fee Schedule and will be calculated at time of permit application.

17.14.090 Additional Standards Applicable to Attached and Detached Accessory Dwelling Units.

The following standards shall apply only to attached and detached accessory dwelling units.

A. Unit Size Requirements. Attached and detached accessory dwelling u nits shall comply with the following unit size requirement:

1. Attached Units. May not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two or more bedrooms. An attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary dwelling.

2. Detached Units. May not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two or more bedrooms.

3. Unit Type Combinations. A detached, new construction accessory dw elling unit may be combined on the same parcel with one junior accessory dwelling unit. When combined with a junior accessory dwelling unit, the maximum size of the detached accessory dwelling unit is limited to 800 square feet, regardless of the number of bedrooms.
278

4. Measurement of Unit Size. Square footage is measured from the exterior walls at the building envelope, excluding any garage area or unenclosed covered porch areas. For the purposes of measurement all attached and/or interior storage areas, m ezzanines, lofts, attics (except those less than seven feet in height accessed by a crawlspace and/or other code compliant access), and similar uses shall be counted in the total square footage.

B. Height. Accessory dwelling units are limited to a maximum height of 16 feet, except as established below:

1. Detached Units Located Adjacent Transit Services. If a detached accessory dwelling is located within a half -mile of a major transit stop or high -quality transit corridor, as defined in Chapter 17.04 (Gen eral Provisions and Definitions), the unit is limited to a maximum height of 18 feet, and may be up to two feet taller, for a maximum of 20 feet, if necessary to match the roof pitch of the primary dwelling unit.

2. Detached Units on Multi -Family Resident ial Dwelling Parcels. If a detached accessory dwelling is located on a parcel with a multistory multi -family dwelling structure, the detached accessory dwelling unit is limited to a maximum height of 18 feet.

3. Attached Units. An accessory dwelling attac hed to the primary dwelling is limited to 25 feet or the height allowed in the underlying zoning district, whichever is lower. In no case shall an accessory dwelling unit exceed two stories.

C. Parking. One off -street parking space is required for an acce ssory dwelling unit in addition to that required for the primary dwelling, except as established below.

1. No off -street parking shall be required for an accessory dwelling unit if any of the following circumstances exist:
a. The accessory dwelling unit is located within one-half mile of public transit. b. The accessory dwelling unit is on a property located within the Historic Preservation District, or for properties with structures listed on the Local Register of Historic Structures.
c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
d. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. Where there is a car share vehi cle located within one block of the accessory dwelling unit.

279

2. The required off -street parking space may be covered or uncovered and shall be allowed in tandem and in setback areas, except as specified in Paragraph C.3 of this Subsection, unless the review authority makes specific findings that such parking is not feasible due to specific site topographical or fire and life safety conditions.

3. Covered parking shall not be allowed in setback areas.

4. If a garage, carport, or covered parking is demoli shed in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking is not required.

D. Setbacks. An accessory dwelling unit shall comply with the following setback requirements:

1. Attached Unit. An attached accessory dwelling unit shall be subject to the same front setback requirement applicable to the primary dwelling, unless it precludes development of an accessory dwelling unit that is at least 800 square feet. An attached accessory dwelling unit shall have a minimum setback of four feet from the side and rear lot lines.

2. Conversion of Existing Living Space or Existing Accessory Building. See Section

17.14.100.C.

3. New Detached Unit. A new construction detached accessory dwelling unit shall comply with the front setback of the underlying zoning district, unless it precludes development of an accessory dwelling unit that is at least 800 square feet. A detached accessory dwelling unit shall have a minimum setback of four feet from t he side and rear lot lines.

E. Design. The following requirements apply only to accessory dwelling units located within the Historic Preservation District as provided in the City’s Zoning Map or is located on a parcel where the primary structure is listed on the City’s Local Register of Historic Structures.

1. Converted Structures. The conversion of an existing structure to an accessory dwelling unit shall not alter any exterior features of the existing structure except as necessary to comply with current Building Code, State law, and this Chapter to make the unit livable (e.g., addition of doors or windows, garage door removal, addition of air conditioning unit). Any exterior alternations shall comply with Subparagraphs 2 through 6 of this Subsection E.

2. Siding. Siding treatments of the accessory dwelling unit (e.g. clap board, board and batten, shingle) shall be an in-kind replication of the primary residence.

3. Vents. Vent features on the exterior of the accessory dwelling unit shall be an in -kind replication of the vent features of the primary residence. 280

4. Roof Features. Roof features (fascia, exposed rafter rails, corbels) and roof materials (asphalt shingles, wood shingles, tile) shall be an in -kind replication of the primary residence.

5. Wind ows and Doors. The window and door treatments (e.g., trim width, shutters, muntins, grilles, sills, mullions, lintels, etc.) of the accessory dwelling unit shall be an in - kind replication of the window and door features of the primary residence.

6. Exterior Lighting. Exterior light fixtures shall be an in -kind replication of the exterior lighting of the primary residence.

17.14.100 Standards Applicable to Converted Accessory Dwelling Units.

The following standards shall apply only to converted accessory dwelling units:

A. Limited Expansion. Conversions may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure. Limited expansion areas shall conform with accessory dwelling unit setback requirements.

B. Exterior Access Required. The converted space or structure shall have exterior access.

C. Setbacks. An accessory dwelling unit or portion of an accessory dwelling unit located within the existing space of an existing dwelling or within an existing detached accessory structure shall not require a setback from the rear, street side, or interior side property lines.

D. Parking. No additional off -street parking is required for the converted accessory dwelling unit. If replacement parking is provided, the replacement space(s) shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but is not limited to covered spaces, uncovered spaces, or tandem spaces.

Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface.

E. Unit Size Requirements. The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unit is not subject to unit size requirements established in this Chapter. For example, if an existing 2,000 square-foot accessory structure was converted to an accessory dwelling unit, it w ould not be subject to the established unit size requirements.

17.14.110 Standards Applicable to Junior Accessory Dwelling Units.

The following standards shall apply only to junior accessory dwelling units. 281
A. Where Allowed. Junior accessory dwelling u nits shall only be allowed on parcels zoned for Single-Family Residential use and that include an existing or proposed single- family dwelling.

B. Location on Parcel. A junior accessory dwelling unit shall be allowed in the following locations:

1. Within the walls of an existing or proposed primary single-unit dwelling.

2. A conversion of an attached garage in the existing or proposed primary single -unit dwelling.

C. Number of Units Per Parcel. A maximum of one junior accessory dwelling unit shall be allowed on any parcel.

D. Unit Size Requirements. The total area of floor space for a junior accessory dwelling unit shall not exceed 500 square feet and shall not expand the size of an existing single- family dwelling by more than 150 square feet, provided s uch expansion is provided solely for the purpose of accommodating ingress and egress.

E. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen as described in Section 17.14.060(D)(5).

F. Parking. No off-street parking is required for the junior accessory dwelling unit.

G. Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the existing or proposed single -family dwelling. If a bathroom facility is not shared with the single -unit dwelling, the junior accessory dwelling unit may, but is not required to, include an interior entry into the main living area, which may include a second interior doorway for sound attenuation.

H. De ed Restriction. Junior accessory dwelling units shall comply with the following deed restriction requirements:

1. Deed Restriction Required. Prior to issuance of a Building Permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the Tulare County Recorder’s office and a copy filed with the City. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the City and shall provide that:
a. The junior accessory dwelling unit shall not be sold separately from the primary dwelling, except as may otherwise be permitted by State law. b. The junior accessory dwelling unit is restricted to the approved size and other attributes allowed by this Section.
c. The deed restriction runs with the land and shall be enforced against future property owners.
282
d. The property owner shall reside on the site of the primary dwelling in which the junior accessory dwelling unit will be permitted for a minimum of three years. The owner may reside in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. O wner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

2. Deed Restriction Removal. The deed restriction may be removed if the property owner eliminates the junior accessory dwelling unit. To remove the deed restriction, a property owner shall make a written request to the City, providing evidence that the junior accessory dwelling unit is eliminated. The City shall determine the junior accessory dwelling unit has been eliminated. If the junio r accessory dwelling unit is not entirely physically removed but is only eliminated by virtue of having a necessary component of a junior accessory dwelling unit removed, the remaining structure and improvements shall otherwise comply with all applicable d evelopment and building standards.

3. Enforcement. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, i ncluding, but not limited to, obtaining an injunction enjoining the use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.

Chapter 17.16 Multi-family Residential Zones

17.16.030 Accessory uses.

In the R-M multi-family residential zone, accessory uses include:

D. Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200 Chapter 17.14.

Chapter 17.42 Variances and Exceptions

17.42.030 Variance powers of city planning commission.

The city planning commission may grant variances to the regulations prescribed by this title with respect to fences and walls, site area, width, frontage coverage, front yard, rear yard, side yards, height of structures, distance between structures, off-street parking facilities, accessory dwelling unit standards pursuant to Sections 17.12.140 through

17.12.200Chapter 17.14, and downtown building design criteria pursuant to Sections

17.58.082 through 17.58.088; in accordance with the procedures prescribed in this chapter.

283
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: Version: 124-0522
Status:Type: Public Hearing Item Agenda Ready
File created: In control:11/20/2024 Visalia City Council On agenda: Final action:12/16/2024
Title: Public hearing and first reading of Ordinance Nos. 2024-15 and 2024-16 to adopt Zoning Text Amendment No. 2024-03: A request by the City of Visalia to add to and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units and to Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Assessment Status:

The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and Code of Regulations Section 15061(b)(3).

Sponsors:

Indexes:

Code sections:

Attachments: 1. Ordinance 2024-15 for ZTA 2024-03 ADU, 2. Ordinance 2024-16 for ZTA 2024-03 ODS, 3.

Attachment 1 - Accessory Dwelling Unit Ordinance, 4. Attachment 2 - Design Standards Ordinance, 5.

Attachment 3 - Revisions to Small Lot Ordinance, 6. Attachment 4 - State ADU Law - Areas of Local Discretion, 7. Attachment 5 - Changes to Existing ADU Regulations Table, 8. Attachment 6 - Stakeholder_Interview_Summary, 9. Attachment 7 - Comment HPAC 12-11-2024 Action ByDate Action ResultVer.

Agenda Item Wording:

Public hearing and first reading of Ordinance Nos. 2024-15 and 2024-16 to adopt Zoning Text Amendment No. 2024-03: A request by the City of Visalia to add to and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units and to Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Assessment Status:

The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and 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. 2024-15, to amend portions of Municipal Code Title 17 (Zoning Ordinance) Visalia City Council Printed on 12/16/2024Page 1 of 12
powered by Legistar™284
File #: 24-0522, Version: 1
pertaining to Accessory Dwelling Units; and,
· Ordinance No. 2024-16, to amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments.

However, the City Council may, in lieu of the recommended motion for the Objective Design Standards ordinance as specified above, consider any of the following alternative motions:

1. Adopt the Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments by resolution rather than by ordinance (adoption by resolution could allow for these design standards to be modified / revised in the future without holding multiple public hearings); or

2. Direct staff to conduct further outreach to stakeholders and interested individuals which could result in modifications to the residential objective design standards as proposed, and direct that any revised objective design standards be reconsidered in a public hearing before the Planning Commission and City Council; or

3. Refer the matter back to Planning Commission for further evaluation based on comments received by the City Council.

Background Discussion:

Zoning Text Amendment (ZTA) No. 2024-03 is a city-initiated request to prepare updates to the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to development standards for residential uses, specifically applicable to accessory dwelling units and toward new single-family residential developments throughout the City.

The updates are needed for the City’s Zoning Ordinance in response to new and significantly increased state legislation in recent years which have made the City’s ordinances outdated in addressing emerging topics of both the addition of dwelling units on a parcel with new or existing residential uses and to the applicability of defined objective standards (as opposed to subjective standards) toward new residential uses.

The Accessory Dwelling Unit (ADU) Ordinance Update will amend the City’sexisting ordinance to ensure compliance with state law commencing in Government Code Section 66310. As proposed, this ordinance will meet the requirements for state law. The Update also provides the City with the opportunity to reconsider its own local standards in response to both state legislation that streamlines requirements for ADUs and the increased interest by property owners to construct additional housing units on their property. Legislation has greatly expanded upon various aspects of ADUs and their development standards, including the types and number of units allowed on a property. State law has also created provisions for a relatively new type of unit called Junior Accessory Dwelling Units (JADU) which is currently not addressed in the City’sordinance. With the adoption of an updated ADU ordinance, together with other recent efforts such as the creation of permit-ready ADU plan sets, the City will be in an improved position to both encourage construction of new ADUs and ensure that such uses are compatible with other surrounding residential uses.

The Single-Family Residential Objective Design standards and Planned Residential Development standards largely responds to current growth trends where developers have been utilizing smaller lot sizes and new design techniques. As the City has had to respond to more forms of non-traditional single-family residential neighborhoods over the years, developers have desired a set of reliable codified objective design standards in keeping with the City’sSingle-Family Residential and Planned Residential Development objectives upon which developers can utilize to plan new neighborhoods and with City staff can comfortably support based on compliance with the Municipal Code. The Visalia City Council Printed on 12/16/2024Page 2 of 12
powered by Legistar™285
File #: 24-0522, Version: 1
and with City staff can comfortably support based on compliance with the Municipal Code. The standards address a range of topics that include appearance, landscaping, fences, off-street parking, and common open space areas within planned residential developments.

The Zoning Text Amendment is further being carried out in fulfillment of certain implementation programs in the City’sHousing Element of the General Plan. Specifically, Housing Element Program

3.15 (Promoting Accessory Dwelling Units) includes an action that requires the city to update its Ordinance to integrate changes in state housing law. Failure to update the ADU ordinance to be consistent with state law may result in the state taking action to decertify the Housing Element. Also, Housing Element Program 2.7 (Missing Middle) includes an action to review and amend residential development standards for a mix of dwelling unit types (including various types of multi-family units, which will occur in 2025).

Analysis: Accessory Dwelling Units
History
An ADU, which refers to an accessory dwelling unit and can be also called a second dwelling unit or granny flat, is a secondary residential unit that shares a lot with an existing residence.

A JADU or junior accessory dwelling unit is an ADU created within the walls of a proposed or existing single-family home and may be no larger than 500 square feet. JADUs have been introduced into state law only in recent years and are not currently addressed in Visalia’s code.

In response to the state housing crisis, the California legislature in 2019 passed six bills (SB 13, AB 68, AB 587, AB 670, AB 671, AB 881) that collectively addressed state regulation toward ADUs.

Additional bills, including AB 2221 and SB 897, both passed in 2022, further amended Government Code sections 65852.2 and 65852.22 and provided clarification on number of units allowed. These code sections have since been renumbered to begin at Government Code section 66310.

This new state legislation preempts all local ordinances that do not comply with the new standards.

Cities are expected to update their local ordinances to comply with the state legislation. If cities fail to do so, the new state laws automatically apply, and applicants are permitted to develop ADUs and JADUs under the state legislation. Since the change in state law, Visalia has regulated ADUs and JADUs in accordance with state law since the current municipal ordinance is not consistent with the new state law requirements.

Visalia has not updated its ADU ordinance since legislation was passed in 2019. Its last amendment processed in 2017 pertained to parking standards that were also based on state legislation. Local jurisdictions now have very limited authority to adopt local regulations and restrictions for typical land development standards such as unit size, number, height, setback and parking. However, the city does retain limited discretion to apply land use regulations as it deems appropriate, such as imposing a height limit of 16 feet and imposing certain objective design standards to prevent impacts to historic resources but a revised ordinance must be approved before these allowed types of regulations would be allowed.

Proposed Amendments
This Zoning Text Amendment proposes to remove in its entirety the current City ordinance pertaining to ADUs that commences in Article 2 of Chapter 17.12 pertaining to the Single-family Residential Zone. A newly written code is proposed to be located as a new stand-alone chapter, Chapter 17.14, which is currently unused. The rationale behind moving the code away from the Single-family Residential Zone chapter is in recognition that ADU’s, in accordance with state law, are now permitted in any residential or mixed-use zone, as well in zones where residential uses are Visalia City Council Printed on 12/16/2024Page 3 of 12
powered by Legistar™286
File #: 24-0522, Version: 1
permitted in any residential or mixed-use zone, as well in zones where residential uses are conditionally allowed (ref. Section 17.14.040). The ZTA further updates references to the ADU ordinance that are found in other chapters of the ordinance.

The proposed amendments are provided in the attached Ordinance No. 2024-15 and in Attachment

1. Highlights of the proposed changes are as follows.
• Number of Units (Section 17.14.070). In compliance with state law, lots that are zoned Single-Family Residential are permitted to have one ADU and one JADU within the space of an existing dwelling or accessory structure meeting specified requirements, plus one ADU that is detached new construction. This accounts for potentially four units on one lot, as required by state law, provided that the owner resides on the property. Only inclusion of the JADU requires the owner to reside on-site.

For newly created attached or detached units:
• Size (17.14.090(A)). An ADU may not exceed 850 square feet if it has fewer than two bedrooms or 1,200 square feet if it has two or more bedrooms. An attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary dwelling. • Height limitations (17.14.090(B)). For ADUs located within a rear yard setback which the City has limited to a 12-foot height limit, a 16 foot maximum height limit with allowance to 18 feet if located within a half-mile of a major transit stop or high-quality transit corridor (or 20 feet to accommodate a matching roof pitch with the primary dwelling unit). • Front yard setback (17.14.090(D)). The City’scode mandates that an ADU be subject to the same front yard setback requirement applicable to the primary dwelling unit, unless it precludes development of an accessory dwelling unit that is at least 800 square feet. • Side and rear yard setback (17.14.090(D)). An ADU shall have a minimum setback of four feet from these property lines, consistent with the state’sallowance of an ADU no larger than 800 square feet to be placed no closer than four feet from property line. • Design standards for historic-designated properties (17.14.090(E)). Objective design standards have been added for properties located within the Historic Preservation District and/or the Local Register of Historic Structures. This is to ensure that such properties have defined parameters to maintain a character that is historic in nature, since state law prohibits jurisdictions from imposing subjective standards upon ADUs, even if imposed by a review committee.
• Standards for Junior Accessory Dwelling Units (17.14.110).

For additional information, Attachment 4 provides a summary of the level of discretion that a city can apply to local land development standards on ADUs and JADUs and Attachment 5 provides a table summarizing the city's existing ADU requirements, state law requirements, and staff’srecommended revisions to comply with state law.

The state legislature has made several modifications to ADU law to encourage more affordable housing development over the past several years, and more changes can be expected in the coming years. While such state-initiated modifications might further require regular updates to local ordinances, the City cannot simply defer to state law for all regulation toward ADUs and JADUs.

Jurisdictions are expected to update their ordinances. This is good for local ordinances as it provides greater clarity to residents on the allowances and limitations. In addition, as addressed in Attachment Visalia City Council Printed on 12/16/2024Page 4 of 12
powered by Legistar™287
File #: 24-0522, Version: 1
4, a local ordinance can still exercise some level of discretion towards ADU regulation.

Consistency with State Law and General Plan Policies and Local Law The proposed amendments are consistent with California Government Code sections 65852.2 and 65852.22 (now renumbered as Government Code section 66310) and the changes to state law that are now currently in effect.

The proposed amendments are consistent with the residential density ranges of the General Plan Land Use Element in that, pursuant to state law, an ADU or JADU shall not be considered to exceed the allowable density for the lot upon which it is located.

Additionally, the proposed amendments implement the following General Plan goals, policies, and programs:

LU-O-23 - Provide a range of housing types and prices within new neighborhoods to meet the needs of all segments of the community.

LU-P-50 - Provide development standards to ensure that a mix of detached and attached single- family and multi-family housing types can be compatible in a single development.

HE Policy 1.4 - The City shall encourage a mix of residential development types in the city, including single family homes, on a variety of lot sizes, as well as townhomes, row houses, live- work units, planned unit developments, accessory dwelling units, and multi-family housing.

HE Policy 3.11 - The City shall continue to support, facilitate the construction, and provide for the development of accessory dwelling units on parcels with single-family and multi-family units while protecting the character of neighborhoods and zoned parcels as a means of providing affordable housing.

HE Program 3.15 Promoting Accessory Dwelling Units. - The City shall promote the development of ADUs, prioritizing the higher resource areas. The City shall:
•By June 2024, compile and publish information regarding permit requirements, changes in State law, the Permit Ready ADU program, available incentives (such as fee waivers; see Program

3.12) and the benefits of accessory dwelling units; information shall be published on the City website, and advertised through City social media outlets and email lists at least twice a year.

To date, the changes in State law is the last major component of this program needing to be accomplished. Currently the Planning Division has websites dedicated to ADUs and to the Permit Ready ADUs. In the past year, the City has engaged the public through social media and email as it has sought to update its ADU ordinance, and has engaged with the public on ADUs at in-person events such as the twice-a-year Home Expo show.

Community Engagement
The City released a draft of the ADU ordinance together with the Single Family Residential Objective Design Standards ordinance for a public review period from August 30 to September 30, 2024 (32 days total). Announcement for the public review period was conducted via an email blast to stakeholders and interested people (signed up through www.housevisalia.com <http://www.housevisalia.com>) and through multiple City of Visalia social media announcements.

One public comment was received during the public review period on behalf of the Historic Preservation Advisory Committee regarding the design requirements listed in Section 17.14.090.

Visalia City Council Printed on 12/16/2024Page 5 of 12
powered by Legistar™288
File #: 24-0522, Version: 1
The comment sought to clarify terminology and add additional examples of window and door treatments.

An additional public comment was received on behalf of the Historic Preservation Advisory Committee on December 11, 2024, included as Attachment 7. The comments recommend correcting spelling and adding the phrase “e.g.” in one section, which staff considers as grammatical changes which will be addressed in the 2nd (final) reading.

Action by Planning Commission
On November 12, 2024, the Planning Commission voted 4-1 (Norman: no) to recommend approval of Zoning Text Amendment No. 2024-03 as presented by staff. During the public comment period of the agenda item, one person spoke on the item. Dolores Taylor, representing the Building Industry Association of Tulare / Kings Counties, Inc., in addressing concerns regarding the proposed Objective Design Standards ordinance (refer to the Analysis section of the Objective Design Standards ordinance below), stated that the two ordinances did not seem compatible, wherein the ODS ordinance was for beautifying while the ADU ordinance was for intensifying.

Objective Design Standards
History
Staff led three City Council work sessions between 2020 and 2022 to discuss concerns regarding single-family residential subdivision design, particularly directed toward developments with lots less than 5,000 square feet, planned unit developments, and the 5-pack / cluster design housing. The concerns led toward direction for the City to develop an ordinance that gives explicit codified standards on public open space, off-street parking, and structure design. Separately, the City applied for and received a State Housing and Community Development (HCD) grant to fund three development activities, including an update of the Planned Unit Residential Ordinance and the Accessory Dwelling Unit Ordinance. The grant allowed the City to request proposals for preparation of ordinance updates, which was awarded to Mintier Harnish in August 2022.

In February 2024, the City Council authorized expanding the scope of the contract with Mintier Harnish to prepare objective design standards for single-family residential development in the City.

The desire to expand the scope of work was based upon the necessity to establish clear codified standards for traditional single-family residential development in response to state legislation allowing ministerial approvals of residential development (such as SB 9 adopted in 2021 and SB 35 adopted in 2017), and based upon a desire to have improved design standards toward traditional subdivisions, including those with lot sizes below 5,000 square feet. The task for preparation of objective design standards was folded into the contract with Mintier Harnish based upon the similarity in nature to the ongoing Zoning Ordinance updates.

Having a clear and dedicated set of objective design standards has become a topic of interest for the City due to the increase of State mandates and regulations on permitting housing, thereby reducing the City’sability to enact design considerations if a City does not have adopted/codified objective design standards. Legislation such as SB 35 provides a ministerial process for facilitating housing development that removes any ability for a jurisdiction to impose conditions or design features that are not already explicitly stated in an ordinance. Such examples of design features that the City has required in the past has included adhering to a higher standard of facades or building elevations on the front or on all sides of the structure, inclusion of common open space areas, and inclusion of off- street guest parking stalls within planned unit developments. In response to current State legislation and more that is expected to come in forthcoming years, many jurisdictions in California are moving towards adopting a set of objective design standards to retain local control on the design of housing developments within their communities.

Visalia City Council Printed on 12/16/2024Page 6 of 12
powered by Legistar™289
File #: 24-0522, Version: 1
Proposed Amendments
The resulting ordinance, now collectively referred to as the Single-Family Residential Objective Design standards (ODS), is intended to apply toward all new single-family residential construction within the city boundaries on any lot regardless of parcel size, except ADUs and properties within the Historic District or Local Register of Historic Structures.

This Zoning Text Amendment proposes a newly written code commencing in Article 2 of Chapter

17.12 (Single-family Residential Zone Ordinance), which would be the former location of the ADU Ordinance.

The proposed ODS ordinance will work in tandem with other existing objective standards that address residential development standards (i.e. setback requirements, height limits), which already exist in Chapter 17.12 Article 1, and for lots below 5,000 square feet in size, in Section 17.12.135(B).

However, most standards found in Section 17.12.135 that were intended to apply exclusively to lot sizes below 5,000 square feet are being replaced with the proposed ODS standards now applicable to all development in Single-family Residential zone districts (see Exhibit “C”for standards being removed from Section 17.12.135).

Additionally, the proposed ODS standards will work in tandem with the Planned Development (i.e.

PUD) Ordinance, found in Chapter 17.26, and will not require any changes to the PUD Ordinance.

This is because the PUD Ordinance provides more broad parameters on design considerations and outlines procedures for processing planned developments, which are not limited to residential uses alone. The proposed ODS standards that specifically apply to PUDs are off-street guest parking facilities, usable common open space areas, and sidewalks.

The objective design standards will help expedite a development’sministerial review process. This is done by providing more narrowly defined expectations up-front to ensure that new single-family residential development is compatible with Visalia’sexisting community character while complying with both state and local regulations. Builders will have access to these regulations through the City’sMunicipal Code and can apply the regulations to development prior to any preliminary or formal review process conducted by the City. The implementation of the project will also satisfy the terms of the State HCD Grant that was awarded to the city to fund the Citywide Objective Design Standards project that will help accelerate housing development.

The proposed performance standards are provided in the attached Ordinance and in Attachment 2.

Sections of the proposed ordinance are outlined below, with general descriptions provided in italics.

These standards may be used as guidelines for the development of single-family dwellings in multi- family residential and non-residential zones.

17.12.140 Purpose and Applicability

17.12.150 Site Planning
A. Site Placement
Developments with two or more structures shall be staggered with a minimum of two -foot variation measured from the front setback
B. Site Development
Front entryways on all units shall include one or more front windows, a covered porch, and a pedestrian walkway leading directly to the sidewalk.

17.12.160 Structure Design Standards
Visalia City Council Printed on 12/16/2024Page 7 of 12
powered by Legistar™290
File #: 24-0522, Version: 1
A. Massing
Primary elevations wider than 25 feet shall incorporate at least one of the following massing elements for every 15 feet: Projection, Recession, Second Floor Step Back, Bay Window.

B. Articulation
Structures shall be vertically (height) and horizontally (depth) articulated along the primary elevations.

C. Fenestration
All windows and doors shall include a recess and/or a trim. Shutters if used shall be sized to the window shape.

D. Balconies
No portion of a second floor balcony shall be within 20 feet of the adjacent property line except when screening is incorporated.

E. Design Details
Regulations are provided for the use and number of Materials and Colors.

Accessory Structures, when constructed simultaneously, shall match the details.

17.12.170 Landscaping
Regulations are provided which require landscaping, utilization of state or local Water Efficient Landscape Ordinance requirements, street trees, and limitation of pavement / hardscape.

17.12.180 Fences, Walls, and Hedges
A. Height
Restatement of existing City of Visalia fence standards.

B. Materials
Use of barbed wire, electric charged fencing, corrugated paneling, and chain link (except in street fronting setbacks) is prohibited.

17.12.190 Exterior Lighting
Entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and security, subject to standards.

17.12.200 Off-Street Parking Facilities
Regulations are specified for the use of garages as covered parking and limitations on uncovered parking areas. Regulations include off-street guest parking facilities for Planned Unit Developments.

17.12.210 Useable Common Open Space Areas for Planned Unit Developments Requirements are specified for usable common open space, including passive and/or active recreational amenities, as required in Table 1 specified in the code.

17.12.220 Sidewalks for Planned Unit Developments
Sidewalks shall be a minimum of five feet width and shall implement City standards.

Visalia City Council Printed on 12/16/2024Page 8 of 12
powered by Legistar™291
File #: 24-0522, Version: 1

17.12.230 Exception Powers of the Planning Commission
Specifies that an applicant may request an exception to one or more of the ODS regulations by following the Variance entitlement procedures wherein the Commission must make a specialized finding.

Applicability
If adopted, the new ordinance will apply to any new development project that is submitted for entitlement application following the effective date of the ordinance, which would be 30 days after a second reading of the ordinance. The new standards will not apply to previously approved projects (i.e. projects having received tentative map approval) or projects have been submitted and are in process of being deemed for completeness or are being prepared for public hearing.

Community Engagement
Engagement began early in the update process through the conducting of stakeholder interviews by the consultant. In April 2023, one-on-one interviews were conducted with three local stakeholders to gain feedback on the City’sresidential development regulations and review processes (a list of fifteen stakeholders was compiled, though only three responded for interviews). A summary and key takeaways statement was prepared and is included as Attachment 6. Findings from these interviews were taken into consideration in the preparation of the ordinance.

The City released a draft of the ODS ordinance together with the ADU ordinance for a public review period from August 30 to September 30, 2024 (32 days total). Announcement for the public review period was conducted via an email blast to stakeholders and interested people (signed up through www.housevisalia.com <http://www.housevisalia.com>) and through multiple City of Visalia social media announcements.

One public comment was received during the public review period on behalf of San Joaquin Valley Homes. In response to these comments, staff made the following changes to the Public Review Draft, which are now incorporated in the draft being proposed for adoption:
· 17.12.150.A.2.b - The term “front door” has replaced “primary entrance”. · 17.12.150.A.2.c - The garage section’sdescription of its placement with regard to the primary elevation has been changed, and the maximum width of the primary elevation has been increased from 50% to 60%.
· 17.12.150.B.3.e - Clarification that an optional pedestrian pathway from the front entry to the driveway is also allowed in addition to the pathway from the front entry to the sidewalk. · 17.12.200.B - Clarification of carport standards. In lieu of prohibiting carports, standard now reads that carports are allowed only if they do not serve as the required covered parking (e.g., porte cocheres, carports in front of garages).
· 17.12.200.C - Clarification of uncovered parking areas, stating that such areas shall be paved with concrete or a permeable or impermeable surface.
· 17.12.210.B - Clarification made to recreational amenities, stating that they may be either passive or active.

An additional public comment was received on behalf of the Historic Preservation Advisory Committee on December 11, 2024, included as Attachment 7. The comment recommends also excluding properties in the Historic District from the ODS in addition to sites on the Local Register of Visalia City Council Printed on 12/16/2024Page 9 of 12
powered by Legistar™292
File #: 24-0522, Version: 1
excluding properties in the Historic District from the ODS in addition to sites on the Local Register of Historic Structures, which are already excluded.

Consistency with State Law and General Plan Policies and Local Law The proposed amendments are consistent with California legislation that facilitates a streamlined review preprocess subject to objective regulatory standards and affordable housing requirements, whether ministerial or discretionary. Specific legislation includes the Housing Accountability Act (1982, amended 2018; Government Code Section 65589.5), SB 35 a.k.a. Housing Accountability & Affordability Act (2017), and the Housing Crisis Act of 2019 a.k.a. SB 330 (2019) and SB 8 (2020).

Additionally, the proposed amendments implement the following General Plan goals, policies, and programs:

LU-O-21 - Preserve and enhance the character of residential neighborhoods while facilitating infill development.

LU-P-49 - Preserve established and distinctive neighborhoods throughout the City by maintaining appropriate zoning and development standards to achieve land use compatibility in terms of height, massing and other characteristics; providing design guidelines for high-quality new development; supporting housing rehabilitation programs; and other means.

LU-P-50 - Provide development standards to ensure that a mix of detached and attached single- family and multi-family housing types can be compatible in a single development.

HE Program 2.7 Missing Middle: The City will review and amend residential development standards to allow for and promote a mix of dwelling types and sizes, specifically missing middle- density housing types (e.g., duplexes, triplexes, courtyard buildings, townhomes) to encourage the development of housing types affordable to the local workforce.

Specifically, the City shall evaluate zoning standards related to minimum lot size and width, maximum lot coverage, required setbacks, open space and landscaping requirements, and parking ratios, particularly in high resource, low-density, infill parcels. The City shall meet with local developers, property owners, and non-profits agencies to identify constraints and potential incentives to infill and missing middle development in 2024 and shall adopt revised standards for such projects in 2025.

Action by Planning Commission
On November 12, 2024, the Planning Commission voted 4-1 (Norman: no) to recommend approval of Zoning Text Amendment No. 2024-03 as presented by staff. At the request of staff, the motion included a request for staff to bring the ordinance back to the Commission on November 25, 2024, to add an appeal provision to the ODS ordinance. The new section, included as Section 17.12.230, was accepted by the Commission without further discussion.

During the public comment period of the agenda item, one person spoke on the item. Dolores Taylor, representing the Building Industry Association of Tulare / Kings Counties, Inc., voiced concerns that the proposed ODS ordinance would raise construction costs resulting in making housing less affordable, and would impose additional regulations that would require additional City staff time during project review.

The Commission felt that the ODS ordinance would help put the City in a better position to impose standards upon any future ministerial project.

In providing dissenting comments prior to a motion, Commissioner Norman expressed concern in imposing additional regulations upon residential developments that seem to be coming from the State Visalia City Council Printed on 12/16/2024Page 10 of 12 powered by Legistar™293
File #: 24-0522, Version: 1
which contributes toward increasing the cost of housing upon the buyer.

Fiscal Impact:

None.

Prior Council Action: None.

Recommended Motion (and Alternative Motions if expected):

I move to introduce for first reading Ordinance No. 2024-15 for Zone Text Amendment No. 2024-05 to amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Accessory Dwelling Units; and,
I move to introduce for first reading Ordinance No. 2024-16 for Zone Text Amendment No. 2024-05, to amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Single-Family Residential Objective Design standards.

Environmental Assessment Status:

The Zoning Ordinance amendment for the proposed ADU ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 which specifically exempts the adoption of an updated ADU ordinance. The Zoning Ordinance amendment for the proposed ODS ordinance is exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, and thus is not subject to CEQA review.

CEQA Review:

The Zoning Ordinance amendment for the proposed ADU ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 which specifically exempts the adoption of an updated ADU ordinance. The Zoning Ordinance amendment for the proposed ODS ordinance is exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, and thus is not subject to CEQA review.

Attachments:

1. Ordinance No. 2024-15 for Accessory Dwelling Units

2. Ordinance No. 2024-16 for Objective Design Standards, with addition of an appeals provision, Section 17.12.240

3. Attachment 1 - Revised Public Review Draft, Accessory Dwelling Unit Ordinance

4. Attachment 2 - Revised Public Review Draft, Single-Family Residential Objective Design Standards Ordinance

5. Attachment 3 - Revisions to Section 17.12.135, (Standards for) Lot area less than 5,000 square feet

6. Attachment 4 - Table of State Accessory Dwelling Unit Law - Areas of local discretion Visalia City Council Printed on 12/16/2024Page 11 of 12 powered by Legistar™294
File #: 24-0522, Version: 1

7. Attachment 5 - Summary of changes to existing ADU regulations

8. Attachment 6 - Stakeholder Interview Summary

9. Attachment 7 - Correspondence from Historic Preservation Advisory Committee, December 11, 2024
Visalia City Council Printed on 12/16/2024Page 12 of 12 powered by Legistar™295
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0577 Agenda Date: 1/21/2025 Agenda #: 13.

Agenda Item Wording:

Ordinance Adoption to Authorize an Airport Lease Agreement - Second reading and adoption of Ordinance No. 2024-18 to authorize the City Manager to execute an Airport Lease Agreement between the City of Visalia and Air Methods, LLC for its location at the Visalia Municipal Airport Administration Building.

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

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

Staff recommends that the City Council hold the second reading and adoption of Ordinance No. 2024 -18, authorizing the City Manager to execute an Airport Lease Agreement with Air Methods, LLC in its current location at the Visalia Municipal Airport Administration Building for three (3) years with two (2) single year renewal options at the lease rent rate of Eight Hundred Sixty-Nine dollars and twelve cents ($869.12) monthly with annual Consumer Price Index (CPI) adjustments.

Background Discussion:

The City of Visalia and Air Methods, LLC currently have two (2) separate lease agreements at the Visalia Municipal Airport, including one agreement for space in the Airport Administration Building, and the second agreement for a hangar.

The City first entered into a lease agreement for air ambulance operations at the Airport with SkyLife Helicopters in February 2012, including the use of approximately 845 square feet in the Airport Administration Building for crew quarters and office space for a term of four (4) years. A successor lease with SkyLife was executed in September 2016 for a term of four (4) years. In January 2020, Air Methods Corporation assumed the lease from SkyLife and entered into a new lease for four (4) years, expiring December 31, 2023, after which they have continued leasing the space on a month to month basis.

This newly proposed Airport Lease Agreement for the space within the Visalia Airport Administration Building would cover a period of three (3) years with two (2) single year renewal options. This proposed Agreement would begin on January 1, 2025, with a potential agreement end date of December 31, 2029, should both option years be executed. The adoption of an Ordinance is Visalia City Council Printed on 1/17/2025Page 1 of 3
powered by Legistar™
296
File #: 24-0577 Agenda Date: 1/21/2025 Agenda #: 13.
required by the City Charter for lease agreements with a duration of more than five (5) years.

Over the past year, Air Methods has made changes to options at the Airport, splitting its staff between the lease space in the Airport Administration Building and its hangar, which the proposed Amendment would allow both Air Methods and Airport staff a duration of time to verify that the new crew alignment is effective prior to committing to a long-term agreement.

Staff recommends the Amendment to the Agreement as the space within the Airport Administration Building is uniquely suited for Air Methods, as the overnight crews utilize the previous Fire Station rest areas, bathroom, kitchen, and living room space. Should an Agreement not be reached for that space and Air Methods chooses to move its crews, Airport staff would likely be unable to find another tenant that fits the space within the Airport Administration Building, resulting in a considerable loss of revenue.

In addition to being a great addition to the Airport in terms of operations and revenue, the air ambulance operation is a valuable asset to the entire community and broader region, adding to the level of public health and safety for Visalia residents and visitors.

Fiscal Impact:

The Airport would continue to receive Eight Hundred Sixty-Nine dollars and Twelve cents ($869.12) as the monthly lease rent rate consistent with the market rate established by the Federal Aviation Administration, plus annual CPI adjustments for a minimum of three (3) years with the potential of five (5) years should Air Methods exercise the two (2) single year renewal options. Additionally, the Airport will continue to make ancillary profits from the Agreement in the form of fuel sales.

Prior Council Action:

February 21, 2012: Council authorized an Airport Lease Agreement between the City and SkyLife Helicopters for space in the Airport Administration Building June 1, 2020: Council authorized the current Airport Lease Agreement between the City and Air Methods Corp for hangar space at the Visalia Municipal Airport December 16, 2024” Council introduced and held the first reading of Ordinance No. 2024-18 to execute an Airport Lease Agreement between the City of Visalia and Air Methods, LLC for its location at the Visalia Municipal Airport Administration Building Alternatives:

City Council could not authorize the execution of the Amendment or direct staff to further negotiate the proposed Amendment.

Recommended Motion (and Alternative Motions if expected):

I move to hold the second reading and adoption of Ordinance No. 2024-18, authorizing the City Manager to execute an Airport Lease Agreement lease between the City of Visalia and Air Methods, LLC for its Visalia Municipal Airport Administration Building location, for the specified terms and rent rate.

Visalia City Council Printed on 1/17/2025Page 2 of 3
powered by Legistar™
297
File #: 24-0577 Agenda Date: 1/21/2025 Agenda #: 13.

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

1. Draft Ordinance No. 2024-18

2. Draft Airport Lease Agreement

3. Airport Lease Agreement - January 1, 2020
Visalia City Council Printed on 1/17/2025Page 3 of 3
powered by Legistar™
298
ORDINANCE NO. 2024-18

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA

AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT

BETWEEN THE CITY OF VISALIA AND AIR METHODS LLC FOR UP TO FIVE

YEARS FOR THEIR PREVIOUSLY LEASED SPACE AT THE VISALIA MUNICIPAL

AIRPORT ADMINISTRATION BUILDING

WHEREAS, the City of Visalia owns and operates certain real property commonly referred to as the Visalia Municipal Airport and,

WHEREAS, the City of Visalia currently leases part of that property to Air Methods LLC for the purposes of air crew living space to support its air ambulance services at the Visalia Municipal Airport on a month to month basis after the previous lease agreement ended and,

WHEREAS, Air Methods LLC is a long -time tenant of good standing at the Visalia Municipal Airport and,

WHEREAS, the City of Visalia desires to enter into a n a lease agreement with Air Methods LLC for three (3) additional years plus two (2) separate one (1) year options for said demised premises potentially extending the agreement five (5) additional years.

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

Section 1. The City Manager of the City of Visalia be and is hereby authorized to execute on behalf of the City of Visalia, a Lease Agreement by and between t he City of Visalia Municipal Airport as Lessor and Air Methods LLC. as Lessee.

Section 2. This ordinance shall go into effect thirty (30) days after its passage.

299
Facility Agreement 6/04/2020 Page 1

AIRPORT LEASE AGREEMENT
This Lease Agreement is made and entered into this 1st day of January 2025, by and between the City of Visalia, a Municipal Corporation of the State of California, hereinafter referred to as “LESSOR” and Air Methods LLC, hereinafter referred to as “LESSEE”.

For and in consideration of the payment of rent, taxes, and other charges and of performance of the covenants and conditions hereinafter set forth, LESSOR hereby Leases to LESSEE the real property located at the Visalia Municipal Airport and situated in the City of Visalia, County of Tulare, State of California, more partic ularly and legally described as set forth in Paragraph 1B. below.

1. DEMISED PREMISES
A. Definition - Except as expressly provided to the contrary in this Lease, reference to “Demised Premises” is to the described land plus any described appurtenances, including any improvements (including LESSEE’s improvements), now or hereafter located on the Demised Premises, without regard to whether ownership of the improvements is in the LESSOR or in the LESSEE.

B. Description – The premises consists of that portion of the Visalia Municipal Airport Administration Building as indicated in Exhibit A, attached hereto, which is approximately 845 square feet. LESSEE has the right to use the common areas of the Premises as designated by the Airport Manager. In addition, LESS EE shall have the right to utilize approximately 2,500 square feet of ramp space as indicated in Exhibit B, for the purpose of parking and fueling rotary winged aircraft.

2. TERM
A. The term of this Lease shall be for a period of three (3) years commencing on the 1st day of January 202 5 and ending on the 31st day of December, 202 7, unless sooner terminated as provided for herein.

B. In addition, LESSEE shall have the right, but not the obligation , t o extend the original term of the lease by two (2) additional option periods of one (1) years each, provided LESSEE shall not be in default of any term of condition contained herein at the time of exercising said options. LESSEE shall provide LESSOR with written notification of LESSEE’s intent to exercise the option period within sixty (60) days of the end of the term. Provided the LESSOR determines 300
Facility Agreement 6/04/2020 Page 2

the LESSEE is not in default of any term or condition, LESSEE and LESSOR shall execute an amendment to this Lease amending and extending the Lease term for the option period. All other terms and conditions, unless otherwise agreed to shall remain in full force and effect.

C. TERMINATION RIGHTS - LESSEE shall have the right to terminate this LEASE any time during the term of this lease upon Sixty (60) days written notice to LESSOR.

3. LEASE RENT
A. INITIAL MINIMUM RENT - LESSEE shall pay without abatement, deduction or affect, a net minimum annual rent of Ten Thousand Four Hundred Twenty-Nine dollars and Forty-Four cents ($10,429.44), all due and payable in equal monthly installments of Seven Hundred Forty -Nine dollars and Two cents ($ 869.12) beginning on the 1st day of January, 2025 and continuing thereafter throughout the entire term of this agreement.

B. RENT ADJUSTMENTS - The minimum annual rent shall be adjusted each and every year, beginning on the first anniversary date of the Lease term and continuing thereafter throughout the entire Lease term, to reflect the percentage change in the Consumer Price Index. For purposes of this agreement, the Consumer Price Index shall be the California Consumer Price Index (all urban consumers, all items) as released by the California Division of Labor Statistics and Research. Said adjustment shall be calculated as follows:

The minimum annual rent charged for the twelve month period being concluded shall be multiplied by the percentage increase in the Consumer Price Index for the last month released prior to each anniversary date of this Lease. The new minimum annual rent shall thereafter be paid in twelve (12) equal monthly installments for each twelve (12) month period in accordance with subdivision A herein. In no event shall the minimum annual rent be decreased.

The Consumer Price Index as used herein is based on the 1982-84=100 index. Should the Division of Labor Statistics and Research change the 1982 -84=100 index, the above referenced formula shall be converted to reflect said change.

C. In the event LESSEE is delinquent in remitting the rent by the tenth (10th) day of each and every month throughout the entire Lease term, then the rent not paid when due shall bear interest at the rate of eighteen percent (18%) per annum from the date due until paid.

4. TAXES AND ASSESSMENTS: “PUBLIC CHARGES”
A. Obligations of LESSEE: From and after the date of execution of this Lease, LESSEE shall pay or cause to be paid all real estate taxes, assessments, and other governmental 301
Facility Agreement 6/04/2020 Page 3

charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever applicable to t he possessory interest of LESSEE in the Demised Premises, as created and established by this Lease, and the building improvements thereon, including but not limited to assessments for public improvements or benefits which shall for any period subsequent to the execution of this Lease and during the term hereof be assessed, levied or imposed upon or become due and payable and a lien upon said possessory interest and building and improvements thereon (specifically excepting therefrom any and all subsurface rights, if any, held or used by others who may have or claim any of the same, LESSEE assuming no liability whatsoever for the taxes, general and special assessments or other charges levied or assessed thereon), all of which taxes, assessments, levies and other governmental charges to be paid by LESSEE are referred to in this Lease as “public charges”; provided however, that if by law any such public charges are payable or may at the option of the taxpayer be paid in installments (whether or not interest shall accrue on the unpaid balance of such public charge), LESSEE may make such payments in installments as the same respectively become due and before any fine, penalty, or cost may be added thereto for the non-payment of any such installment; and provided further that any public charge relating to a fiscal period of the taxing authority expiring after the termination or expiration of this Lease, any part of which fiscal period is included within the time prior to termination or expiration of this Lease, shall (whether or not during the period prior to termination or expiration of this Lease such public charge shall be paid, assessed, levied or posed upon or become due and payable) be apportioned between the parties.

B. Time of Payment: All payments to be made by LESSEE pursuant to the provisions hereof shall be made before any fine, penalty, interest or cost may be added thereto for the non-payment thereof; and the LESSEE shall furnish LESSOR within sixty (60) days after the dates when the same are payable, as herein provided, with official receipts or other evidence satisfactory to LESSOR that such public charges or excise on rents or other tax or assessments in lieu thereof as aforesaid has, to the extent of the aforesaid, been paid.

C. Contest: LESSEE may co ntest the legal validity or amount of any public charges for which LESSEE is responsible under this Lease and may institute such proceedings as LESSEE considers necessary. If LESSEE contests any such public charges, LESSEE may withhold or defer payment or pay under protest but shall protect LESSOR and the Demised Premises from any lien by adequate surety bond or other appropriate security.

LESSOR appoints LESSEE as LESSOR’s attorney in fact for the purposes of making all payments to any taxing authorities and for the purpose of contesting any such public charge.
302
Facility Agreement 6/04/2020 Page 4

D. Exclusions: LESSEE’s obligation to pay public charges levied or charged against said possessory estate or buildings or improvements or against specified personal property, shall not include the following whatever they may be called: business income or profit taxes levied or assessed against LESSOR by federal, state or other governmental agencies; estate, succession, inheritance, or transfer taxes of LESSOR; or corporation, franchise, or profit taxes imposed on any owner of the fee title of the Demised Premises.

E. Evidence of Payment: The certificate, advise or bill of the appropriate official designated by law to make or issue the same and to receive payment of any such public charge shall be prima-facie evidence that such public charge is due and unpaid at the time of the making or issuance of such certificate, advise, or bill; and the written receipt of such official shall be prima -facie evidence that the public charge therein described has been paid. LESSOR shall authorize and instruct the assessing authority to forward to LESSEE all bills covering such said public charge.

5. USE OF DEMISED PREMISES
A. Defined - LESSEE shall use said premises for the purpose of operating a helicopter air amb ulance service and those activities necessary to support the operation. LESSEE shall not have the right or obligation to use the Demised Premises for any other purpose, nor shall LESSEE provide any other service without express written consent of the LESSOR.

LESSOR maintains the right to access the leased areas for the purpose of ingress and egress to the facility, and any other areas of the Demised Premises at any time, which are not a part of this Agreement.

6. UTILITIES- LESSEE shall be responsible for 60% of monthly electrical utility charges for the Airport Administration Building as designated in Exhibit A for the duration of said Rental Agreement. Such electrical utility charges enforced only while demised premises is in use. Water, Natural Gas, and the remaining 40% are to be paid for by the LESSOR.

In addition, LESSEE shall be responsible for all costs associated with connections and extensions of utilities from 9505 Airport Dr. Visalia, CA 93277 to the Demised Ramp Space as designated in Exhibit B. LESSEE shall be responsible all utility charges and costs associated with the use of said utilities.

303
Facility Agreement 6/04/2020 Page 5

7. BUSINESS LICENSE - LESSEE shall obtain a business license as paid by all people in similar circumstances, within the City of Visalia.

8. RESERVATION OF MINERAL RIGHTS TO LESSOR - All oil, gas, and mineral rights are expressly reserved from this Lease.

9. ASSIGNMENT - The LESSEE shall not assign or transfer the whole or any part of this Lease or any interest herein, nor the whole or any part of the Demised Premises, nor contract for the management or operation of the whole or any part of the Demised Premises, nor permit the occupancy of any part thereof by any other person, nor permit transfer of the Lease or possession of the Demised Premises by merger, consolidation or dissolution, nor permit sale of a controlling interest in the voting stock in said corporation, in each case without the prior written consent of LESSOR, such consent not to be unreasonably withheld . Nothing herein contained shall b e construed to prevent the occupancy of said Demised Premises by any employee or business invitee of LESSEE.

10. LESSEE’S ACCESS - LESSEE shall have, subject to modification in the sole discretion of LESSOR, unrestricted right of access to all taxiways, r unways and public facilities of the airport and LESSOR shall maintain taxiways sufficient for the use of aircraft to the boundary of the Demised Premises and vehicle access to Demised Premises. (This is subject to change depending on where on the airport the Demised Premises is located.)

11. REPAIRS AND MAINTENANCE -
A. Throughout the Lease term, LESSEE shall, at LESSEE’s sole cost and expense maintain the Demised Premises with the exception of major structural repair and maintenance to the premises during the Lease term, and all improvements now existing and hereafter erected thereupon in good condition and repair, ordinary wear and tear excepted and in accordance with all applicable rules, laws, ordinance, orders and regulations of federal, state, c ounty, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. LESSEE shall promptly and diligently repair, restore, and replace as required to maintain or comply as above, or to remedy all damage to or destruction of all or any part of the improvements.
304
Facility Agreement 6/04/2020 Page 6

B. LESSOR shall perform janitorial maintenance of the common areas of the Demised Premises, including, but not limited to, the removal of litter and waste and/or any foreign object which may pose a hazard to the public and all other routine maintenance. Any question concerning responsibility of maintenance not expressly stated herein shall be directed to the Airport Manager for final and reasonable determination.

12. OWNERSHIP OF IMPROVEMENTS - Throughout the term of this Lease, all improvements identified above, shall be owned by LESSOR. LESSEE shall not remove any improvements from the Demised Premises nor waste, destroy, or modify any improvements on the Demised Premises, except as permitted by this Lease. The parties covenant for themselves and all persons claiming under them that the improvements are personal property.

13. APPEARANCE - LESSEE shall maintain the Demised Premises to the reasonable satisfaction of the LESSOR, and in such a manner that said Premises will be neat and well kept in appearance and a credit to the airport.

14. WARRANTIES - GUARANTEES - COVENANTS - LESSOR makes no warranty, guarantee, covenant, including but not limited to covenants of title and quiet enjoyment, or averment of any nature whatsoever concerning the condition of the Demised Premises, including the physical condition thereof, or any condition which may affect the Demised Premises, and it is agreed that LESSOR will not be responsible for any loss, damage or cost which may be incurred by LESSEE by reason of any such condition or conditions.

15. INSURANCE - FIRE - Throughout the term of this Lease, at LESSEE’s sole cost and expense, LESSEE shall keep or cause to be kept insu red for the mutual benefit of the LESSOR, the LESSEE and the holder of any security interest therein, all improvements to the Demised Premises erected thereupon by the LESSEE, against loss or damage by fire and such other risks as are now or hereafter incl uded in extending coverage endorsements in common use for commercial structures, including vandalism or malicious mischief. The amount of the insurance shall be sufficient to prevent either LESSOR or LESSEE from becoming a coinsurer under the provisions of the policies, but in no event shall the amount be less than the “Full Actual Replacement Value”.

Full Actual Replacement value, as used herein, means the cost of repairing, replacing, or 305
Facility Agreement 6/04/2020 Page 7

reinstating, including demolishing, any item or property with materials of like kind and quality in compliance with any law or ordinance regulating repair or construction at the time of loss, without deduction for physical, accounting, or any other depreciation. LESSOR shall not carry any insurance the effect of which, would be to reduce the protection or payment to LESSEE under any insurance that this Lease obligates LESSEE to carry. LESSEE may include the holder of any mortgage on the leasehold or on the fee or both as a loss payee; on the LESSOR’s notice of demand LESSEE shall include the holder of any mortgage on the fee as a loss payee to the extent of that mortgage interest. LESSOR shall, at LESSEE’s cost and expense, cooperate fully with LESSEE to obtain the largest possible recovery, and all policies of fire exte nded coverage insurance required by LESSOR shall provide that the proceeds shall be paid to LESSEE as follows:

A. The proceeds shall be deemed to be held in trust by the recipient to the uses and purposes prescribed by this Lease.

B. Payments of the proceeds for repair, restoration, or reconstruction of improvements shall be made monthly on LESSOR’s certificates until the work is completed and accepted.

C. Any insurance proceeds remaining after complying with the provisions of this Lease relating to maintenance, repair, and reconstruction of improvements shall be the LESSEE’s sole property.

16. INSURANCE - LIABILITY - Throughout the term of this Lease, at LESSEE’s sole cost and expense, LESSEE shall keep or cause to be kept in force, for the mutual benefit of LES SOR and LESSEE, comprehensive broad form general liability insurance against any and all claims and liability for personal injury, death, or property damage arising out of the use or occupancy of the Demised Premises, personal property thereon, improvements or adjoining areas of ways, providing combined single limit of at least One Million Dollars ($1,000,000.00), for any one accident or occurrence, for bodily injury or death to one o r more persons, and at least Five Hundred Thousand Dollars ($500,000.00) for Property damage.

17. INSURANCE - WORKERS COMPENSATION - LESSEE shall maintain Worker’s Compensation insurance with statutory limits, and employer’s liability insurance with limit s of not less than One Million Dollars ($1,000,000.00) per accident or occurrence.

306
Facility Agreement 6/04/2020 Page 8

18. INSURANCE - GENERAL REQUIREMENTS - All insurance required by express provisions of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall be nonassessable and shall contain language, to the extent obtainable, to the effect that:

A. Any loss shall be payable notwithstanding any act or negligence of LESSOR that might otherwise result in a forfeiture of the insurance.

B. The insurer waives the right of subrogation against LESSOR and against LESSOR’s agents and representatives.

C. The policies are primary and noncontributing with any insurance that may be carried by LESSOR.

D. LESSEE shall furnish LESSOR with copies of all such policies promptly on receipt of them, or with certificates evidencing the insurance. Before commencement of the Lease, LESSEE shall furnish LESSOR with certificates of insurance representing all insurance requirements by this Lease. LESSEE may effect for its own account any insurance not required under this Lease. LESSEE may provide by blanket insurance covering the Demised Premises and any other location or locations any insurance required or permitted under th is Lease provided it is acceptable to all mortgagees. LESSEE shall deliver to LESSOR, in the manner required for notices, copies of certificates of all insurance policies required by this Lease, together with evidence satisfactory to LESSOR of payment required for procurement and maintenance of the policy, within the following time limits:

1. For insurance required at the commencement of this Lease, within 30 days after execution of this Lease;

2. For insurance becoming required at a later date, at least 15 days before the requirements takes effect, or as soon thereafter as the requirement, if new, takes effect;

3. For any renewal or replacement of a policy already in existence, at least 30 days before expiration or other termination of the existing policy.

F. LESSOR, and LESSOR’s elected and appointed officials, agents, representatives, and employees are to be named as additional insureds under the policy(ies).

If LESSEE fails or refuses to procure or to maintain insurance as required by this Lease or fa ils to furnish LESSOR with required proof that the insurance has been procured and is in force and paid for, LESSOR shall have the right, at LESSOR’s election and on twenty (20) days’ notice to LESSEE, 307
Facility Agreement 6/04/2020 Page 9

to procure and maintain such insurance. The premiums paid by LESSOR shall be treated as added rent due from LESSEE with interest at the rate of 18% per year, to be paid on the first day of the month following the date on which the premiums were paid. LESSOR shall give prompt notice of the payment of such pr emiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the date of the notice.

19. INDEMNIFICATION - LESSEE agrees to and shall defend and indemnify LESSOR and LESSOR’s elected and appointed officials, agents, representatives and employees against all third- party claims, liability, loss and expense caused or incurred by reason of injury to person or property, or both, including without limitation, injury to the person or property of LESSEE, its agents, office rs and employees, arising out of the condition of the Demised Premises or any operations thereof conducted thereupon or therefrom caused by any act or omission or commission by LESSEE, its agents, officers, employees, or invitees, unless caused by LESSOR’s or its agent’s or employee’s negligence or willful misconduct. LESSOR agrees to and shall defend and indemnify LESSEE and LESSEE’s agents , representatives and employees against all third-party claims, liability, loss and expense that LESSEE may sustain t o the extent caused by or arising out of the negligence or willful misconduct of LESSOR.

Limitation of Liability - In no event shall either Party, its employees, agents, or contractors, be liable under this Lease to the other Party for any consequential, i ncidental, indirect, exemplary, special, or punitive damages, including any damages for business interruption, loss of use, revenue or profit, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damages were foreseeable and whether either Party was advised of the possibility of such damages.

20. DEFINITION OF DEFAULT BY LESSEE - Each of the following events shall be a default by LESSEE and a material breach of this Lease.

A. Abandonment or surre nder of the Demised Premises or of the leasehold estate, or failure or refusal to pay when due any installment of rent or any other sum required by this Lease to be paid by LESSEE, or to perform as required or conditioned by any other covenant or condition of this Lease.

B. The subjection of any right or interest of LESSEE to attachment, execution, or other levy, or to seizure under legal process, if not released within 10 days provided that the foreclosure of any mortgage permitted by provisions of this Lease relating to purchase or construction of improvements shall not be construed as a default within the meaning of this paragraph.
308
Facility Agreement 6/04/2020 Page 10

C. The encumbrance of the Lease, leasehold estate and improvements thereon without the express consent of LESSOR.

D. The appo intment of a receiver to take possession of the Demised Premises, or improvements or of LESSEE’s interest in the leasehold estate, or of LESSEE’s operation on the Demised Premises for any reason, including but not limited to, assignment for benefit of cred itors or voluntary or involuntary bankruptcy proceedings, but not including receivership (1) pursuant to administration of the estate of any deceased or incompetent LESSEE, or (2) instituted by LESSOR, the event of default being not the appointment of a receiver at LESSOR’s insistence, but the event justifying the receivership, if any.

E. An assignment by LESSEE for the benefit of creditors or the filing of a voluntary or involuntary petition by or against LESSEE under any law for the purpose of adjudicatio n of LESSEE’s liabilities; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; unless the assignment or proceeding, and all consequent orders, adjudications, custodies, and supervisions are dismissed, vacated, or otherwise permanently stayed or terminated within 30 days after the assignment, filing or other initial event.

F. Failure to maintain said Demised Premises as required pursuant to the terms of this Lease.

21. NOTICE OF DEFAULT - As a precondition to pursuing any remedy for an alleged default by LESSEE, LESSOR shall, before pursuing any remedy, give notice of default to LESSEE and to all qualifying subtenants whose names and addresses were previously given to LESSOR in a notice or notices from LES SEE. A qualifying subtenant is a subtenant in possession under an existing sublease which is proper under this Lease.

If the alleged default is nonpayment of rent, taxes, or other sums to be paid by LESSEE as provided in the paragraph on rent, or elsewhere in this Lease directed to be paid as rent, LESSEE shall have 10 days after notice is given to cure the default. For the cure of any other default, LESSEE shall promptly and diligently after the notice commence to cure the default and shall have 10 days after notice is given to complete the cure plus any additional period that is reasonably required for the curing of the default. After expiration of the applicable time for curing a particular default, or before the expiration of that time in the event of emergency, LESSOR may at LESSOR’s election, but is not obligated to, make any payment required of LESSEE under this Lease or perform or comply with any covenant or condition imposed on LESSEE under this Lease and the amount so paid plus the reasonable c ost of any such performance or compliance, plus interest on such sum at the rate of 10% per year from the date of payment, performance, or 309
Facility Agreement 6/04/2020 Page 11

compliance (herein called “Act”), shall be deemed to be additional rent payable by LESSEE with the next succeeding installment of rent. No such Act shall constitute a waiver of default or of any remedy for default or render LESSOR liable for any loss or damage resulting from any such Act.

22. REMEDIES IN THE EVENT OF DEFAULT - If any default by LESSEE shall continue un cured, following notice of default as required by this Lease, for the period applicable to the default under the applicable provision of this Lease, LESSOR has the following remedies in addition to all other rights and remedies provided by law or equity, t o which LESSOR may resort cumulatively or in the alternative:

A. LESSOR may, at LESSOR’s election, terminate this Lease by giving LESSEE notice of termination. On the giving of the notice, all LESSEE’s right in the Demised Premises and in all improvements shall terminate. Promptly after notice of termination, LESSEE shall surrender and vacate the Demised Premises and all improvements in broom -clean condition, and LESSOR may re-enter and take possession of the Demised Premises and all remaining improvements and eject all parties in possession or eject some and not others or eject none; provided that no subtenant qualifying under nondisturbance provisions of this Lease shall be ejected. Termination under this paragraph shall not relieve LESSEE from the paym ent of any sum then due to LESSOR or from any claim for damages previously accrued or then accruing against LESSEE.

B. LESSOR may, at LESSOR’s election, re -enter the Demised Premises, and, without terminating this Lease, at any time and from time to time relet the Demised Premises and improvements or any part or parts of them for the account and in the name of the LESSEE or otherwise. LESSOR shall apply all rents from reletting as in the provision on assignment of subrents. Any reletting may be for the remainder of the term or for a longer or shorter period. LESSOR may execute any Leases made under this provision either in LESSOR’s name or in LESSEE’s name and shall be entitled to all rents from the use, operation, or occupancy of the Demised Premises or improvements or both. LESSEE shall nevertheless pay to LESSOR on the due dates specified in this Lease the equivalent of all sums required of LESSEE under this Lease, plus LESSOR’s expenses, less the avails of any reletting or attornment. No act by or on behalf of LESSOR under this provision shall constitute a termination of this Lease unless LESSOR gives LESSEE notice of termination.

C. LESSOR shall be entitled, at LESSOR’s election, to each installment of rent or to any combination of installments for a ny period before termination, plus interest at the rate of 10 percent per year from the due date of each installment. Avails of reletting or attorned subrents shall be applied, when received, as follows: (1) to LESSOR to the extent 310
Facility Agreement 6/04/2020 Page 12

that the avails for th e period covered do not exceed the amount due and charged to LESSEE for the same period, and (2) the balance to LESSEE. LESSOR shall make reasonable efforts to mitigate LESSEE’s liability under this provision. LESSOR shall be entitled at LESSOR’s election to damages in the following sums: (1) all amounts that would have fallen due as rent between the time of termination of this Lease and the time of the claim, judgment, or other award, less the avails of all relettings and attornments and less all amounts by which LESSOR shall reasonably have mitigated those rental losses, plus interest on the balance at the rate of 10 percent per year, and (2) the "worth" at the time of the claim, judgment, or other award, of the amount by which the unpaid rent for the balance of the term exceeds the then fair rental value of the Demised Premises, or the higher/lower of the fair rental value unencumbered by the Lease and improvements. "Worth", as used in this provision, is computed by discounting the total at the discoun t rate of the Federal Reserve Bank of San Francisco at the time of the claim, judgment, or award, plus one percent. LESSOR shall not be considered to be in default under this Lease unless (1) LESSEE has given notice specifying the default and (2) LESSOR ha s failed for 10 days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for noncurable defaults. LESSEE waives the protections of Civil Code Sections 1932 and 1933.

23. WAIVER OF DEFAULT - No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by either party shall give the other any contractual right by custom, estoppel, or otherwise. The subsequent acceptance of rent pursuant to this Lease shall not constitute a waiver of any preceding default by LESSEE other than that default in the payment of the particular rental payment.

24. LEASE ENCUMBRANCE - LESSEE understands and agrees that it cannot encumber the Lease, leasehold estate and the improvements thereon by a deed of trust, mortgage or other security instrument to assure payment of any promissory note of LESSEE without the prior express written consent of the LESSOR in each instance, which consent shall be at the sole and exclusive discretion of the LESSOR. If any deed of trust, mortgage or other security instrument that encumbers the Lease, leasehold estate and the improvements thereon is entered into by LESSEE without LESSOR’s prior express written consent, LESSOR shall have the right to declare this Lease in default.

LESSOR will agree to the subordination of its ownership interest to a construction loan, if any, that LESSEE may need to obtain to finance the costs of the construction of the improvements proposed for the property as set forth in the Lease agreement. 311
Facility Agreement 6/04/2020 Page 13

25. EMINENT DOMAIN - If the whole or a substantial part of the Demised Premises hereby leased shall be taken by any public authority under the power of eminent domain, the term of this Lease shall cease as to the part taken, from the day the possession of that part shall be taken for any public purpose, and the rent shall be paid up to that day, and from that day LE SSEE shall have the right either to cancel this Lease and declare the same null and void or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the Dem ised Premises taken. All damages awarded for such taking shall belong to and be the property of the LESSOR whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Demised Premises herein leased, LESSEE’s only remedies being the election of cancellation or reduction in rent; provided, however, that LESSOR shall not be entitled to any award made for the taking of any installation or improvements on the Demised Premises belonging to LESSEE.

26. ATTORNEYS’ FEES - If either party brings any action or proceeding to enforce, protect, or establish any right or remedy, the prevailing party shall be entitled to recover reasonable attorneys’ fees. Arbitration is not an action or proceeding for the purpose of this provision.

27. NOTICES - As used in this Lease, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, and appointment. No notice of the exercise of any opt ion or election is required unless the provision giving the election or option expressly requires notice. Unless the provision of this Lease on rent direct otherwise, rent shall be sent in the manner provided for giving notice.

A. Writing. All Notices mu st be in writing, provided that no writing other than the check or other instruments representing the rent payment itself need accompany the payment of rent.

B. Delivery. Notice is considered given either (a) when delivered in person to the recipient named as below, or (b) on the date shown on the return receipt after deposit in the United States mail in a sealed envelope or container, either registered or certified mail, return receipt requested, postage and postal charges prepaid, addressed by name and address to the party or persons intended as follows:

Notice to LESSOR: City of Visalia
City Clerk
312
Facility Agreement 6/04/2020 Page 14

707 W. Acequia
Visalia, CA 93291
Copy to: City of Visalia
Airport Manager
9501 Airport Drive
Visalia, CA 93277
Notice to LESSEE: Air Methods LLC
5500 S. Quebec St., Ste 300
Greenwood Village, CO 80111
C. Change of recipient or address. Either party may, by notice given at any time or from time to time, require subsequent notices to be given to another individual person, whether a party or an officer or representative, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

D. Recipient named. Each recipient named must be an individual person. If more that one recipient is named, delivery of notice to any one such recipient is sufficient. If none of the recipients named in the latest designation of recipient is available for delivery in person, and if the notice addressed by mail to each recipient named in the latest designation of recipient is returned to the sender undelivered, notice shall be sufficient if sent by mail as above to the party as named in this Lease, unless the name or identity of the party has changed as permitted in this Lease an d proper notice of the change has been given, in which event the notice shall be sufficient if sent by mail as above to the party named in the latest designating party, and the notice is considered given when the first attempt to give notice was properly made.

28. REGULATIONS - LESSEE shall not conduct, or allow to be conducted upon the Demised Premises, any dangerous or hazardous activities, or any activities considered to be a nuisance to the airport or its tenants and neighbors, and LESSEE agrees to abi de by all applicable F.A.A. and U.S. Government rules and regulations, including, but not limited to the following:

A. The LESSEE for himself, his heirs, personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a 313
Facility Agreement 6/04/2020 Page 15

covenant running with the land that in the event facilities are constructed, maintai ned, or otherwise operated on the Demised Premises described herein for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall main tain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation and as said Regulations may be amended.

B. The LESSEE for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that:

1. No person on the grounds of race, color, sex, age or n ational origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities; and

2. That in the construction of any improvements on, over or under such land and the furnishing or s ervices thereon, no person on the grounds of race, color, sex, age or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; and

3. That the LESSEE shall use the Demised Premises in compl iance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted programs of the Department of Transportation, and as said Regulations may be amended.

C. It is understood and agreed that nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958.

D. LESSEE agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all user s thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided, that LESSEE may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

E. The LESSOR reserves the right (but shall not be obligated to LESSEE) to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the LES SEE in this regard.
314
Facility Agreement 6/04/2020 Page 16

F. The LESSOR reserves the right to further develop or improve the landing area and all publicly owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of the LESSEE, and without interference or hindrance, except that if such development or improvement shall materially interfere with LESSEE”s use of the Demised Premises, and all reasonable accommodations have been exhausted, LESSEE may terminate this Lease immediately.

G. The LESSOR reserves the right to take any action it considers necessary to protect aerial approaches of the airport against obstructions, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of the LESSOR would limit the usefulness of the airport or constitute a hazard to aircraft.

H. During the time of war or national emergency the LESSOR shall have the right to enter into an agreement with the United States Government for milita ry or naval use of part or all of the landing area, the publicly owned air navigation facilities and/or other areas or facilities of the airport. If any such agreement is executed, the provisions of this Lease, insofar as they are inconsistent with the pr ovisions of the agreement with the Government, shall be suspended.

I. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport.

J. There is hereby reserved to the LESSOR, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for passage of aircraft in the airspace above the surface of the Demised Premises here in conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport.

K. The Lease shall become subordinate to provisions of any existing or future agreement between the LESSOR and the United States of America, or any agency thereof relative to the operation, development, or maintenance of the airpor t, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport.

29. CURRENT AND FUTURE AIRPORT REGULATIONS - This Lease and all rights conferred thereby shall at all ti mes be subject to current and future regulations governing any and all 315
Facility Agreement 6/04/2020 Page 17

activities at the Visalia Municipal Airport to the same extent that such current and future regulations govern the activities of all persons using the facilities of the Visalia Municipal Airport and occupying structures thereon.

30. MODIFICATIONS - It is understood and agreed by and between the parties hereto that any alterations, modifications, or additions to the structural improvements, including landscaping and the paint colors, on the leasehold Demised Premises by the LESSEE can only be instituted by first obtaining written approval of the LESSOR of the plans, locations and specifications of said structural changes. Alterations, modifications, or additions to the interiors of the improvements shall not be considered structural, provided LESSE E agrees to provide LESSOR one set of “as built” plans for said changes within 60 days of completion.

31. SIGNS - LESSEE agrees that no signs will be painted or erected on the subject Demised Premises unless such signage is first approved in writing by LE SSOR and is also approved by the City of Visalia in its governmental capacity. All signage painted or erected on the subject Demised Premises or off-site signage for the benefit or use of LESSEE, shall be in compliance with the City of Visalia ordinance related to signs, zoning and building regulations.

32. AFFECT OF ILLEGALITY - The invalidity or illegality of any provision shall not affect the remainder of the Lease.

33. RELOCATION - LESSOR shall have the right upon six (6) months notice to relocate LESSEE to another location, on airport property. LESSOR shall be responsible for the cost of moving fixed equipment including hangar to the new location. LESSEE agrees that LESSOR will pay no penalties, relocation allowances, damages, or other fees except as stipulated. LESSOR agrees that the rental fees will remain as stated in this contract, should a relocation become necessary, for the balance of the term.

34. TERMINATION RIGHTS - The LESSEE shall have the right to immediately terminate this LEASE in the event the LESSOR exercises the right of paragraph 35. LESSEE shall have the right to terminate this Lease any time during the sixty (60) day period following receipt of notice of relocation.
316
Facility Agreement 6/04/2020 Page 18

35. SURRENDER ON TERMINATION - At the expiration or earlier termination of the term, LESSEE shall surrender to LESSOR the possession of the Demised Premises. Surrender or removal of improvements, fixtures, and trade fixtures shall be as directed in above provisions of this Lease on ownership of improvements at termination. LESSEE shall leave the surrendered Demised Premises and any other property in good and broom -clean condition except as provided to the contrary in provisions of this Lease on maintenance and repair of improvements . All property that LESSEE is required to surrender shall become LESSOR’s property at the termination of the Lease. All property that LESSEE is not required to surrender but that LESSEE does abandon shall, at LESSOR’s election, become LESSOR’s property at termination. If LESSEE fails to surrender the Demised Premises at the expiration or sooner termination of this Lease, LESSEE shall defend and indemnify LESSOR from all liability and expense resulting from the delay or failure to surrender, including, without limitation, claims made by any succeeding tenant founded on or resulting from LESSEE’s failure to surrender.

36. HOLDOVER - This Lease shall terminate without further notice at expiration of the Lease term. Any holding over by LESSEE after either e xpiration or termination shall not constitute a renewal or extension, or give LESSEE any rights in and to the Demised Premises, unless as provided in paragraph 2B above. If LESSEE, with LESSOR’s consent, remains in possession of the Demised Premises after expiration or termination of the term or after the date in any notice given by LESSOR to LESSEE terminating this Lease, such possession by LESSEE shall be deemed to be a month-to-month tenancy terminable on thirty (30) days’ notice given at any time by either party.

During any such month-to-month tenancy, LESSEE shall continue to pay all rent required by this Lease. All other provisions of this Lease, except those pertaining to term, shall apply to the month-to-month tenancy.

37. TIME IS OF THE ESSENCE - Time is of the essence of each and all of the terms and provisions of this Lease and this Lease shall inure to the benefit of and be binding upon the parties hereto and any successors of LESSEE as fully and to the same extent as though specifically mentioned in each instance, and all covenants, stipulations and agreements in this Lease shall extend to and bind any successors and sublessees of LESSEE.

38. ACCEPTANCE OF DEMISED PREMISES - By signing this Lease, LESSEE represents and warrants that LESSEE has independently inspected the Demised Premises and made all tests, investigations and observations necessary to satisfy itself of the condition of the Demised Premises. LESSEE agrees it is relying solely on such independent inspection, tests, investigations 317
Facility Agreement 6/04/2020 Page 19

and observations in making this Lease. LESSEE further acknowledges that the Demised Premises are in the condition called for by this Lease, and that LESSEE does not hold LESSOR responsible for any defects in the Demised Premises.

39. ENTIRE AGREEMENT - This Lease contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on his own examination of this Lease, counsel of his own advisors and the warranties, representations, and covenants if any, in the Lease itself. The failure or refusal of either party to inspect the Demised Premises or improvements, to read the Lease or other documents, or to obtain legal or other advis e relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection or advise.

40. ABSTRACT OF LEASE - This is the final paragraph and abstract of the Lease dated January 01, 2025, by and between the City of Visalia, LESSOR and Air Methods LLC, LESSEE, concerning the Demised Premises described in Paragraph 1B. herein.

For good and adequate consideration, LESSOR leases the Demised Premises to LESSEE, and LESSEE hires from LESSOR, for the term and on the provisions contained in the Lease including, without limitation, provisions prohibiting assignment, subleasing, and encumbering said Lease without the express written consent of LESSOR in each instance, all as more specifically set forth in this abstract by this reference.

The term is Three (3) years, beginning on the 1 st day of January, 2025 and ending on the 31st day of December. 2027.

This abstract is not a complete summary of the Lease. Provisions in the abstract shall not be used in interpreting the Lease provisions. In the event of conflict between the abstract and other parts of the Lease, the parts contained within the Lease shall control. Execution hereof constitutes execution of the Lease itself.

41. VENUE
This contract is to be construed by the laws of the State of California with venue only in Tulare County, or the United States District Court for the Eastern District of California.

318
Facility Agreement 6/04/2020 Page 20

Dated: ____________, 2020 AIR METHODS LLCLESSEE
by:______________________________
_________________________________

CITY OF VISALIA, LESSOR

Dated: __________________, 2025 by:______________________________ Jody Miller, Airport Manager

319
Facility Agreement 6/04/2020 Page 21

Exhibit “A”

All that certain property situated in the City of Visalia, County of Tulare, State of California, being described as follows:

Parcel 2 of Parcel Map No. 2004 per map recorded in Book 21 of Parcel Maps, at page 5, Tulare County Records.

EXCEPTING THEREFROM the following described parcel:

Beginning at the Northeast corner of said Parcel 2;

Thence South 00°02’26” West along the East line of said Parcel 2, 306.25 feet along the Ease line of said Parcel 2;

Thence North 89°57’34” West, 166.66 feet;

Thence North 00°02’34” East, parallel to the East line of said Parcel 2, 323.72 feet more or less to the North line of said Parcel 2;
320
Facility Agreement 6/04/2020 Page 22

Thence South 85°05’26” East, along the North line of said Parcel 2, 55.44 feet to the beginning of a tangent curve, concave to South, having a radius of 1927.00 feet;

Thence Southeast along said curve, through a central angle of 3°20’06” and an arc distance of 112.16 feet to the Northeast corner of said Parcel 2, said point being the Point of Beginning.

Exhibit “B”

321
Facility Agreement 6/04/2020 Page 23

322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0582 Agenda Date: 1/21/2025 Agenda #: 14.

Agenda Item Wording:

Youth Non-Profit Grant Awards - Review and Approval of the Citizens Advisory Committee and Staff recommendations for the 2025 Youth Non-Profit Grant Awards.

Deadline for Action: 1/21/2025
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Alana Johnson, CAC Non-Profit Grant Subcommittee Chair
Ruth Pena, Financial Analyst, 559-713-4327, [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council review and approve the Citizen Advisory Committee (CAC) and Staff recommendation to award a distribution of $72,500 among 12 non-profit organizations for the 2025 calendar year.

City Staff also recommends that the organizations that are receiving awards be asked to provide the dates, times, locations and registration information 30 days prior to the opening registration for their 2025 programs, so that the City can make residents aware of these free opportunities, and that a list of participants be provided at the conclusion of the grant that denotes Visalia students participating that had not previously been active or registered in one or more of the organization’s programs.

In addition, it is recommended that City Staff be directed to reach out to organizations that did not apply for funding for this funding cycle, but had been awarded funds in the last three years, to determine if they would like to apply for some or all of the remaining $2,500 in funding, with an emphasis on programs that would be provided at no cost to the participating youth, and that the City Manager be authorized to award the final funding to one or more of the organizations that apply and meet the guidelines.

Background Discussion:

On June 17, 2024, the City Council authorized the allocation of $75,000 in non-profit grants from the fiscal year 2024-25 budget. The process for awarding these funds is administered by the CAC, which brings recommendations to Council annually for approval. The CAC received 12 applications from non-profit organizations for grant amounts ranging from $1,500 to $6,500 for a total of $69,000.

The CAC recommends awarding 12 grants ranging from $1,500 to $6,500 for a total of $72,500.

A work session was held on September 16, 2024, to propose changes to the grant application and receive feedback from the City Council on the administration of the Nonprofit Grant Program. As a result of that meeting, the following changes to the application were implemented.

Visalia City Council Printed on 1/16/2025Page 1 of 4
powered by Legistar™
346
File #: 24-0582 Agenda Date: 1/21/2025 Agenda #: 14.

1. Clarification on Travel Teams - Non-profits that offer traveling team opportunities as part of their mission may apply for funding for activities that are free or low-cost, widely advertised, and designed to engage new youth participants who are not currently involved with the team such as skills clinics or camps. However, funding cannot be requested for expenses related to team activities such as space rentals, coaching, ongoing fees, clothing or equipment, scholarships, travel, and similar costs.

2. Question added - Fiscal Year start and end dates used by applicant agency.

3. Question added - Will the program have sufficient resources to operate if the desired grant amount is only partially funded? How would a partially funded award affect your program outcomes?
The grant announcement was posted on the city’s Facebook page and advertised via the City’s website and newsletter. The deadline for proposals to be submitted via email or in person was November 14, 2024. The grant period of performance is January 1, 2025, through December 31, 2025.

The CAC established a Non-Profit Grant Subcommittee of three regular CAC committee members to review and recommend grant awards. The Subcommittee conducted two workshops on October 15 and 16, 2024, to explain the application process to interested applicants. The CAC received 12 grant applications and reviewed 12. The total amount of grant funds requested was $69,000. Of the 12 applications submitted, 12 are recommended for funding.

The CAC Subcommittee reviewed the applications and came to a consensus recommendation to award 12 grants between $1,500 and $6,500 for a total of $72,500. The recommendation was presented to and reviewed by the full CAC committee at its December 4, 2024, meeting. At that time, the CAC unanimously adopted the subcommittee’s recommendation.

Table 1 compares grant application statistics from the last two cycles with the current cycle:

Table 1: Grant Year Comparisons 2023 2024 2025
Number of grant applications received 14 26 12
Number of agencies submitting applications 14 26 12
Number of grant applications reviewed 14 22 12
Number of reviewed applications not recommended for funding2 11 12 Number of grants awarded 12 11 12
Number of agencies awarded grants 12 11 12
Total amount requested $87,000 $157,650 $69,000
Total amount awarded $65,000 $65,000 $72,500
Highest grant awarded $6,500 $6,500 $6,500
Lowest grant awarded $2,500 $2,500 $1,500
Average grant requested $6,214 $6,063 $5,750
Average grant awarded $5,417 $5,909 $6,042
As shown in Table 1 above, the number of applications received decreased from last year. While this allowed all the programs to be funded, the CAC Youth Grants subcommittee still discussed how to Visalia City Council Printed on 1/16/2025Page 2 of 4
powered by Legistar™
347
File #: 24-0582 Agenda Date: 1/21/2025 Agenda #: 14.
achieve the most good with the grant money. In some cases, this meant focusing on programs that affected larger numbers of youth. In other cases, it was based on the potential to significantly impact the lives of a smaller group of youth. Some of the programs even have the potential to improve the lives of youth as well as their families. The CAC also noted the importance of using grant money to reach a variety of different youth in Visalia by funding programs that would target youth from different backgrounds and different places of need as well as groups with various interests. Even with all the applications fully funded, grant money remains. Two applicants did not request the full amount, and the CAC recommends they receive more funding than requested to assist more youth.

Table 2 lists the Non-Profit funding recommendations and program descriptions.

Table 2: Non-Profit Grant Recommendations and Program Descriptions for 2024 Program Year Program Description
Requested
($)
Recommended
($)
New
Program?

1. Adapted Athlete
Event and sports for youth with
disabilities 6,500$ 6,500$ no

2. Assistance League Operation School Bell 6,500 6,500 no

3. Central Valley Legends Free basketball clinics 1,500 1,500 yes

4. Champions Recovery Alternative ProgramsBike-building workshop 6,500 6,500 no

5. CLIPArts Performing arts program (musical)6,500 6,500 no

6. ImagineU
School field trips & family
memberships 6,000 6,500 no

7. JEMA Mexican folk dance courses 6,500 6,500 no

8. Neighborhood Degree
Laptops for graduating seniors
entering a degree program 6,500 6,500 no

9. Proteus, Inc.

Scholarships for migrant and
seasonal farmworkers 3,000 6,000 no

10.SOVA
Free clinic for water polo and
swimming 6,500 6,500 no

11.Visalia Rescue Mission
After-school support for youth in
shelter 6,500 6,500 no

12.Young Lives of Tulare County
Teen parent lunch club parenting
education program 6,500 6,500 no Recommended 69,000$ 72,500$
Agency
Fiscal Impact:

The 2024-25 General Fund appropriation of $75,000 is already in the budget, and no additional funding is requested.

Prior Council Action: Adoption of FY 2024-25 Budget - June 17, 2024; Report by the Citizens Advisory Committee on the Nonprofit Grant Program and recommendations for modifications to the program for the 2025 Grant Program Year - September 16, 2024.

Other: Committee/Commission Review and Action - CAC Review and Adoption of Subcommittee Recommendations - December 4, 2024.

Alternatives: Redirect awards within the $75,000 amount allocated by the City Council.

Recommended Motion (and Alternative Motions if expected):

I move to award the non-profit grants as recommended by the Citizens Advisory Committee as Visalia City Council Printed on 1/16/2025Page 3 of 4
powered by Legistar™
348
File #: 24-0582 Agenda Date: 1/21/2025 Agenda #: 14.
shown in Table 2, require the organizations to allow the City to promote their programs as appropriate, as well as a list of new participants, and approve the recommended process for awarding the outstanding funding.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Attachment 1 - Grant Applications
Visalia City Council Printed on 1/16/2025Page 4 of 4
powered by Legistar™
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0588 Agenda Date: 1/21/2025 Agenda #: 15.

Agenda Item Wording:

Approve recommendation from Mayor Brett Taylor regarding appointments of individuals to represent the Visalia City Council on various boards and committees.

Deadline for Action: 1/21/2025
Submitting Department: Administration
Contact Name and Phone Number: Mayor Brett Taylor, 799-3964 Department Recommendation:

Review and consider the appointments of individuals to the various boards and committees that have Council representatives appointed to them.

Summary:

The majority of the positions remain the same. Since the Council Members have remained consistent, it makes the most sense to use their knowledge and expertise to best represent the City with the various organizations. The changes that are being recommended:

1. Council of Cities is an on-call meeting - The group does not have any on-going issues to address so it has changed from an every-two month meeting to an on-call meeting.

2. Elimination of the Regional Conservation Investment Strategy Steering Committee - This body has completed their work and a representative is no longer needed.

3. Add Nick Bartsch, Public Works Director as an alternate to the Mid-Kaweah Groundwater Sustainability Agency - The previous alternate was Rhett Anderson who has left the City. Nick now oversees the City’s water related matters and it makes sense to have him as a second alternate to the two Council Members on the Agency Board.

4. Add Devon Jones, Economic Development Manager, as the alternate to the Visalia Economic Development Council and the Tulare County Economic Development Corporation - The City Manager has been the alternate, but Devon is intimately involved in this area and with these two organizations, and attends the meetings regularly. It is appropriate to have him serve as the alternate.

Background Discussion:

The Visalia City Council appoints individuals to several Committees, Sub-committees, Boards, and other organizations to represent the City Council, the City of Visalia organization, or the community of Visalia. In some instances, there are two members or even two alternates. The organizations include, but are not limited to, the Tulare County Association of Governments, the Tulare County Visalia City Council Printed on 1/17/2025Page 1 of 2
powered by Legistar™
412
File #: 24-0588 Agenda Date: 1/21/2025 Agenda #: 15.

Economic Development Corporation, the Downtown Visalia Property Owner’s Association, and the Visalia Convention & Visitors Bureau. A full list of the organizations and the Mayor’s recommendations for the appointments is attached.

The list of the current appointments was distributed as part of the special meeting on December 11, 2024, and Council Members were asked to provide feedback to Mayor Taylor on which ones they are interested in serving. The Mayor reviewed the list and has provided the attached recommendations.

The Council may adopt the list as recommended or may modify any or all recommendations.

Fiscal Impact:

None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the recommendations from Mayor Brett Taylor regarding appointments of individuals to represent the Visalia City Council on various boards and committees.

Attachments: Council Representation on Boards & Committees Visalia City Council Printed on 1/17/2025Page 2 of 2
powered by Legistar™
413

VISALIA CITY COUNCIL REPRESENTATION ON BOARDS/COMMITTEES 2024-2026

Board/Committee Meeting Frequency
2022-2024
Representative
Council of Cities

On Call Pri: Taylor
Alt: Wynn
Lake Kaweah Expansion Project On Call Pri: Hernandez Soto Alt: Nelsen, Caviglia
Mid-Kaweah Groundwater
Sustainability Agency
Quarterly on the second Tuesday
at 3:00 pm in Tulare
Pri: Wynn, Nelsen
Alt: Caviglia, Bartsch
Downtown Visalia Property
Owner’s Association (POA)
Monthly on the fourth Tuesday at
4:00-5:30 pm @ 220 N. Santa Fe
Pri: Taylor
Alt: Hernandez Soto
San Joaquin Valley Air Pollution
Control Districts Special City
Selection Committee
Meets as needed to fill vacancies
on the District Board @ the
SJVAPCD in Fresno
Pri: Wynn
Alt: Hernandez Soto

Tulare County Association of
Governments (TCAG)/Tulare
County Transportation Authority
Monthly on the third Monday at
1:00 pm - Meetings are held at
locations throughout the County
Pri: Poochigian
Alt: Taylor

Tulare County Economic
Development Corp
Bi-monthly on the fourth
Wednesday at 7:30-8:30 am in
Exeter
Pri: Poochigian
Alt: Jones
Tulare County Homeless Alliance
Task Force
Meetings are held on the third
Wednesday of every month at 1:30
p.m.

Pri: Hernandez Soto
Alt: Margie Perez
Visalia Water Management
Committee

Meets twice a year at Kaweah
Delta Water Conservation District
at 1:30-3:00 pm in Farmersville
Pri: Nelsen
Alt: Hernandez Soto
Visalia Civic Facilities Authority Annually Pri: Hernandez Soto, Nelsen
Visalia Convention & Visitors
Bureau Board
Monthly on the second Wednesday
at 9:00 -11:00 am @ 220 N. Santa
Fe
Pri: Taylor

Visalia Economic Development
Council
Monthly on the third Wednesday at
7:00 am @ 500 N. Santa Fe
Pri: Poochigian
Alt: Jones

414
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0574 Agenda Date: 1/21/2025 Agenda #: 1.

Agenda Item Wording:

Ordinance Adoption - A Public Hearing and Introduction of the first reading of Ordinance No. 2024- 12 for Zoning Text Amendment No. 2024-04: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals, Citywide.

Deadline for Action: 1/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Josh Dan, Senior Planner, [email protected] <mailto:[email protected]>, (559) 713-4003 Paul Bernal, Community Development Director, [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. 2024-12, amending Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to include fines for non-compliance, Citywide.

Summary:

During the second reading of Ordinance No. 2024-12, staff requested the City Council refer the item back to staff. This request was due to staff’sconclusion that revisions to the updated provisions to the ordinance could be made that will help eliminate redundances in City processing requirements and the annual renewal fee for STR applications. Staff has revised Ordinance No. 2024-12 eliminating the language that required property owners/operators that an annual renewal permit is required for all STR’s operating in Visalia.

Background Discussion:

The City Council, in response to several inquiries regarding Short-term rentals, directed staff to explore potential options regarding the ability to regulate this use in residential zones. On October 16, 2023, the City Council introduced the first reading of a Zoning Text Amendment (i.e., ZTA No. 2023- 01) that established codified performance standards regulating short-term rentals occurring in all residential zones (i.e., R-1 and R-M zones). In addition, the City Council directed staff to return in 60 to 90 days after the STR ordinance took effect for further discussion on potential revisions to the ordinance.

On February 20, 2024, staff presented an update on the STR ordinance and included additional information that could be further considered to help in getting STR owners/operators legally permitted. During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’simplementation and to determine if additional measures would Visalia City Council Printed on 1/16/2025Page 1 of 4
powered by Legistar™
415
File #: 24-0574 Agenda Date: 1/21/2025 Agenda #: 1.
be merited to get STR owners/operators legally permitted.

On September 3, 2024, staff returned to the City Council with an update on the STR Ordinance “roll out”thus far. Based on information received during the September 3rd meeting, Council directed staff to amend the STR Ordinance (Chapter 17.32.166) to address compliance fee assessment and incorporate annual permitting requirements, thus, Zoning Text Amendment (ZTA) No. 2024-04 was the city-initiated request to address revisions as directed by the City Council.

Updated Revisions to VMC Section 17.32.166 Short-Term Rentals:

Compliance Fee Assessment
Section 17.32.166.E has been added to the STR Ordinance. This new section, in coordination with the Finance Department, identifies the need to include enforcement language that explicitly identifies the penalty fee to be assessed for owners/operators who fail to comply with the STR ordinance and/or fail to apply for all the necessary applications / permits.

Similar to the Solid Waste provisions of the municipal code, revisions to Section 17.32.166 Short- term rental permits will now explicitly list the penalty fines if a property owner/operator fails to comply with the STR ordinance. The penalty amounts noted in the STR Ordinance for noncompliance, after first notice, are $100, $200, and $500.

Section 17.32.166 will be revised as follows:

E. Enforcement:

The City, in its sole discretion, may take enforcement action pursuant to the administrative code procedure described in Chapters 1.12
<https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-22524> and 1.13 <https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-22540> of the Visalia Municipal Code.

Any person convicted of any infraction of this chapter shall be punished by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one year; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.

Annual Renewal Requirement (Removed)
The annual STR application renewal requirement language, as initially proposed per Ordinance No. 2024-12, has been removed. Staff concludes this requirement, if enacted, results in a redundancy on determining if an STR is operational due to the fact that all STRs are already subject to bi-annual Business Tax fee assessment and reporting requirements that demonstrate if a business is still active in the City of Visalia. The removal of this proposed section also results in eliminating an additional fee that the Planning Division would have assessed on all renewal STR applications thereby reducing additional requirements that can be viewed as a burden on STR owners/operators that are otherwise not applied to other commercial business establishments, including traditional residential rentals.

Fiscal Impact: None.

Visalia City Council Printed on 1/16/2025Page 2 of 4
powered by Legistar™
416
File #: 24-0574 Agenda Date: 1/21/2025 Agenda #: 1.

Prior Council Action:
· September 3, 2024: Staff presented an update on the outreach and permit implementation thus far, and presented additional measures by which staff could get STR operators into compliance as Council had directed six-months prior. At the conclusion of the meeting, Council had approved the recommendation of staff to amend the STR Ordinance (Chapter 17.32.166) to address compliance fee assessment and incorporate annual permitting requirements, as well as approve staff to solicit software services that may help in capturing STRs that have not applied for the appropriate City permits and licenses.
· February 20, 2024: Staff presented an update on the STR ordinance and included additional information that could be further considered to help in getting STR owners/operators legally permitted. During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’s implementation and to determine if additional measures would be merited to get STR owners/operators legally permitted.
· November 6, 2023: The City Council, on a 4-1 vote, approved the second reading of Ordinance No. 2023-11 was held and served as the final action the City Council took in order for Zoning Text Amendment No. 2023-01 to take effect 30 days following adoption of the second reading.
· October 16, 2023: The City Council, on a 3-2 vote, approved the first reading of Zoning Text Amendment No. 2023-01 (Ordinance No. 2023-11), proposing to provide the framework for staff to implement a registration and permitting process for all short-term rentals occurring in all residential zones (i.e., R-1 and R-M zones) within the city. · May 1, 2023, City Council Work Session: The City Council, on a 5-0 vote, directed staff to analyze potential operational standards for short-term rentals, and begin a Zoning Text Amendment.

Planning Commission Public Hearings:
· November 12, 2024: The Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2024-04, to the City Council.
· September 25, 2023: The Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2023-01, to the City Council.
· August 28, 2023: The Planning Commission received a presentation and informative report regarding short-term rentals which included a synopsis of staff’s previous presentation to the City Council and explanation of directives received. The Planning Commission expressed agreement with Council’s directives.

Alternatives:

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

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

2. Direct staff to not process any amendments to Visalia Municipal Code Section 17.32; or

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

Visalia City Council Printed on 1/16/2025Page 3 of 4
powered by Legistar™
417
File #: 24-0574 Agenda Date: 1/21/2025 Agenda #: 1.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance No. 2024-12 for Zone Text Amendment No. 2024-

04. Environmental Assessment Status:

The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to the Code of Regulations Section 15061(b)(3).

CEQA Review:

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 to establish performance standards for smoke shops will not have a significant effect on the environment.

Attachments:

Attachment 1 - Ordinance No. 2024-12
Visalia City Council Printed on 1/16/2025Page 4 of 4
powered by Legistar™
418
ORDINANCE NO. 2024-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2024-04,
A REQUEST BY THE CITY OF VISALIA TO AMEND CHAPTER TITLE 17 (ZONING) CHAPTER 17.32 SPECIAL PROVISIONS TO REGUALTE SHORT-TERM RENTALS

IN SINGLE-FAMILY RESIDENTIAL ZONES, CITYWIDE

WHEREAS, Zoning Text Amendment No. 202 4-04 is a request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiri ng applicants to reapply annually and to include fines for non -compliance, Citywide. The specific amendments apply City -wide and are specified in Attachment “A” of this Ordinance; and

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on November 12, 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 recommended approval of said Zone Text Amendment to the City Council; and,

WHEREAS, the City Council of the City of Visalia, after duly publishe d notice, held a public hearing before said City Council on November 18, 2024, and introduced said Ordinance for first reading on that date; and

WHEREAS, on December 16, 2024, staff presented the second reading of Ordinance No. 2024-12 to the City Council and requested that the ordinance be referred back to staff for further revisions; and

WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on January 21, 2025, and introduced said Ordinance for the first reading on that date; and

WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, THEREFORE, BE IT RESOLVED that the City Council concurs that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

419
BE IT FURTHER RESOLVED that the City Council of the City of Visalia finds as follows:

1. That the proposed Zone Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed zonin g amendment is crafted to address public concerns, process operator application requests, and regulate STRs via codified objective standards.

2. That the proposed Zone Text Amendment is not inconsistent with any other Element of the General Plan.

3. That the pr oject is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment 202 4-04, is approved, as contained in Attachment “A” 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 affe ct 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 decla res 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.

420
Ordinance No. 2024-12

ATTACHMENT A
Zoning Text Amendment No. 202 4-04, amending Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short -Term Rentals to add fines for non - compliance, Citywide , and to read as follows , as specified by italics & underline for additions:

1. TITLE 17 Zoning
Chapter 17.32 Special Provisions
Section 17.32.166 Short-term rental permits.

A. Short-term rental permits may be processed as an administrative matter by the city planner and no hearing shall be required.

B. In addition to all other requirements of this chapter, and notwithstanding any contrary provisions in this Code, short-term rentals are subject to the following operational standards in all R-1 and R-M zones citywide:

1. Definitions. The definitions in this subsection shall gov ern the construction, meaning, and application of the following words and phrases used in this chapter:
a. “Local contact person” shall mean a person designated by an owner or the owner’s agent, who, if designated to act as such, shall be available to respond to notification of a complaint regarding the dwelling within forty-five (45) minutes, and take remedial action necessary, as required under subsection “4” of this section. A local contact person may be the owner or the owner’s agent.
b. “Occupant” shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight. c. “Operator” shall mean the owner or the designated agent of the owner who is responsible for compliance with this section.
d. “Owner” shall mean the person(s) or entity(ies) that holds legal or equitable title to a dwelling.
e. “Short-term rental” shall mean the rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The rental of units within City-approved hotels, motels, bed and breakfasts, and time- share projects shall not be considered to be a short-term rental.

2. The owner of a short-term rental shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, regardless of whether such noncompliance was committed by the owner’s agent, a local contact person or the occupants of the owner’s short-term rental unit.
421

3. The owner shall ensure that the short-term rental comply with all applicable codes regarding fire, building and safety, and all other relevant laws, regulations and ordinances, obtain all permits required, and pay all applicable fees.

4. While a short-term rental is rented, the owner or a local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. The owner or a local contact person must be on the premises of the short-term rental at the request of an enforcement officer of the City’s Police Department within forty-five (45) minutes of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter by occupants occurring at the short-term rental property. Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter and/or Chapter 1.13 of Title 1.

5. Short-term rentals shall be used only for overnight lodging accommodations. At no time shall a short-term rental be used for activities in excess of the occupancy limits established in subsection 7 of this section, or for weddings, receptions, parties, commercial functions, advertised conferences, or other similar assemblies that are separate from the purpose of lodging.

6. All advertising appearing in any written publication or on any website that promotes the availability or existence of a short-term rental shall include the City-issued permit number as part of the rental offering. No person shall advertise the use of a dwelling as a short- term rental unless the City has approved a permit for short-term rental pursuant to this chapter.

7. The owner shall limit occupancy of a short-term rental property to a specific number of occupants. The following table sets forth the maximum number of occupants to two (2) per bedroom plus one (1):

Number of
Bedrooms
Total
Occupants
Studio – 1 3
2 5
3 7
4 9
5 11
6 13

8. Only the habitable interior portions of a primary dwelling shall be utilized as a short-term rental. Garages, tents, camper trailers, recreational vehicles, accessory dwelling units (ADUs), or other exterior structures or spaces are not permissible as short-term rentals or as bedrooms within short term rental units.
422

9. In any advertising concerning the availability of a dwelling as a short-term rental, the owner or a local contact person shall advertise the maximum number of occupants allowed to occupy the short-term rental.

10. No on-site exterior signs shall be posted advertising the availability of a short-term rental at the short-term rental property.

11. All vehicles of occupants of a short-term rental unit shall be parked only in an improved driveway or garage on the short-term rental property. The maximum number of vehicles allowed on a short-term rental property shall be limited to the number of available off- street parking spaces; however, such property must have a minimum of two (2) off-street parking spaces. The owner shall provide access to the garage of the dwelling if that area has been included in the determination of the number of available off-street parking spaces pursuant to this chapter. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-term rental property, or the blocking of the driveway or street in front of said property. The term “sidewalk” shall include that portion of a driveway that is delineated for pedestrian travel or is in the public right-of-way.

12. If an enforcement officer has received a complaint concerning a suspected violation of this chapter or of this code or any applicable law, rule, or regulation pertaining to the use or occupancy of a short-term rental unit, or if the enforcement officer has reason to believe that such a violation has occurred, the enforcement officer may notify the owner or the local contact person of the complaint or suspected violation and the notified person shall cooperate in facilitating the investigation and the correction of the suspected violation.

Failure of the owner or the local contact person to affirmatively respond to the officer’s request within forty-five (45) minutes by reasonably cooperating in facilitating the investigation and the correction of the suspected violation shall be deemed to be a violation of this chapter. Notwithstanding the foregoing, it is not intended that an owner or the local contact person act as a peace officer or place himself or herself in an at-risk situation.

13. Notwithstanding Visalia Municipal Code Section 9.32.040, no musical instrument, phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental unit between the hours of 7:00 p.m. and 6:00 a.m.

14. Occupants shall not engage in outdoor activities on a short-term rental property between the hours of 10:00 p.m. and 6:00 a.m., such as the use of swimming pools, hot tubs, spas, tennis and paddleboard courts, play equipment and other similar and related improvements. The hours between 10:00 p.m. and 6:00 a.m. are considered to be “quiet time,” where all activities at a short-term rental property shall be conducted inside of a short-term rental unit so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

423

15. It is unlawful for any owner, occupant, renter, lessee, person present upon, or person having charge or possession of a short-term rental to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or violates any provision of Title 8 Health and Safety.

16. The owner and the local contact person shall ensure that the occupants of a short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any State law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners and local contact persons are expected to take any measures necessary to abate disturbances, including, but not limited to, directing the occupants of a short-term rental unit to cease the disturbing conduct, calling for law enforcement services or enforcement officers, removing the occupant(s), or taking any other action necessary to immediately abate the disturbance.

17. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler, as set forth in Chapter 8.28, which provides for containers to be placed at the curb on the day of pickup and removed by 7:00 p.m. on the day of collection. The owner of a short-term rental property shall provide sufficient trash collection containers and service to meet the demand of the occupants. The short-term rental property shall be free of debris both on site and in the adjacent portion of the street.

18. The owner shall post a sign at a conspicuous location within the short-term rental advising occupants of all rules and operational standards imposed upon occupants under this section.

19. All short-term rentals shall be subject to the City’s transient occupancy tax, as required by Title 3 Revenue and Finance, Chapter 3.28 Transient Occupancy Tax. The owner shall also maintain, at all times, a valid City of Visalia business license.

20. Short-term rentals shall not exceed one unit per parcel in any residentially zoned district .

C. A short-term rental permit shall be revoked by the city planner upon violation of any condition or regulation, or any limitation of any permit issued, unless such violation is corrected within ten (10) days of notice of such violation. Any permit may be revoked if three or more violations occur within a one -year period or the required transient occupancy tax payments are not made to the City as required under Chapter 3.28.

D. In the event of denial or revocation, or objections to limitations placed thereon, an appeal may be made in writing to the planning commission. Such appeal shall be filed in writing with the city planner, in writing, within ten (10) business days after notification of the denial or revocation, with payment of appeal fees in the same amount as required for the appeal of a site plan review permit as provided in Chapter 17.28. The planning commission shall review and either uphold or deny the city planner decision.

The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.02.145.

424
E. Enforcement:

The City, in its sole discretion, may take enforcement action pursuant to the administrative code procedure described in Chapters 1.12 and 1.13 of the Visalia Municipal Code.

Any person convicted of any infraction of this chapter shall be punished by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one year; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one year. Each day a violation continues shall be regarded as a new and separate offense.

425
426
•
•
•
427
•
•
–
•
–
•
–
•
•
428
•
•
•
•
•
429
•
430
• The Zoning Text Amendment is consistent with the goals, objectives, and policies of the City’s General Plan.
• The Zoning Text Amendment amends established objective standards to adequately address operational standards for short-term rentals, consistent with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city. •
431
432
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.

Agenda Item Wording:

Ordinance Adoption - First reading and public hearing for Ordinance No. 2025-01 for Zoning Text Amendment No. 2024-02, a request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning) based on multiple factors including, but not limited to: streamlining of land use review and changes in business and/or development trends and activity, citywide.

Deadline for Action: 1/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Brandon Smith, Principal Planner, (559) 713-4636, [email protected] <mailto:[email protected]>
Devon Jones, Economic Development Manager, (559) 713-4190, [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 City Council hold a public hearing and introduce the first reading of Ordinance No. 2025-01 for Zoning Text Amendment No. 2024-02 to amend the following Municipal Code Chapters:
- Title 17 (Zoning): Chapters 17.04 Definitions, 17.24 Business Research Park Zone, 17.25 Uses in the Commercial, Mixed Use, Office, and Industrial Zones, and 17.32 Special Provisions.

This recommendation is based on the findings contained therein and summarized as follows:
· The Zoning Text Amendment is consistent with the goals, objectives, and policies of the City’s General Plan.
· The Zoning Text Amendment makes various updates based on streamlining of land use review and changes in business and/or development trends or activity.

Summary:

It has been staff’spractice every few years to process City-initiated text amendments for reasons that generally include clean-up and adjustment. Earlier in 2024, the City analyzed and processed the first phase of a City-initiated zone text amendment, the first since the comprehensive Zoning Ordinance Amendment in 2017, when the City Council adopted the Zoning Ordinance Update in follow-up to the General Plan Update. A Zone Text Amendment (ZTA) for this first phase of amendments was formally recommended for City Council approval on May 28, 2024. City Council subsequently approved this first phase ZTA on July 15, 2024, and the ZTA has since taken effect. These amendments consisted of mainly non-substantive or ‘clean-up’amendments that have been identified over time to ‘correct’ Visalia City Council Printed on 1/16/2025Page 1 of 20
powered by Legistar™
433
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.
of mainly non-substantive or ‘clean-up’amendments that have been identified over time to ‘correct’ existing language.

The amendments proposed in this ZTA primarily relate to the ‘ZoningUse Matrix’,Table 17.25.030 in Section 17.25.030 of Title 17. These amendments are made to streamline land use review of various land use types and include new or edited definitions and adjustments to other pertinent zoning code sections. On December 9, 2024, the Planning Commission recommended that the City Council approve Zoning Text Amendment No. 2024-02 based on the findings and conditions in Resolution No. 2024-70 (resolution and staff report attached). The detailed edits proposed are included in the attached Ordinance No. 2025-01, however, an outline of the proposed edits is provided below.

Proposed Zone Text Amendment Updates:

A. Introduction of new land uses into the Zoning Use Table not associated with any category in the table.

1. Event Centers
There has been one new event center uses established in the City (i.e., Woodlands) in the City, as well as other proposed centers that have not established to date, and currently, a land use definition does not exist. Doing so will create clarity in identifying the use and directing the use to the appropriate zoning.

Suggested definition: means a facility operated by any person, entity, or organization where private parties may hold weddings, receptions, special gatherings, or other social, civic, or entertainment activities. The facility may be indoors, outdoors, or a combination of both. This does not include retail sales, theaters, private clubs and lodges, athletic/playing fields, and hosting of sporting events. Other uses operated within the facility which are otherwise listed within the Zones Use Matrix, including but not limited to churches and specialized schools, may be allowed to utilize the facility without additional entitlements provided that such other uses are not the sole and primary use operated in the facility and are limited to indoor operation only.

Commercial and Mixed Use ZonesOffice Zones Industrial

USE C-N C-R C-S C-MUD-MUO-PA O-C BRP I-L I
E10 Event Centers C C C C

2. Media Studio
This use type is viewed as consistent with many office type uses and can include one or more of the following uses: recording studio, photography studio, offices focusing on communications and marketing, podcast studio. In 2024, one Site Plan Review applicant proposed this type of use in an existing industrial facility.

Suggested definition: means a studio space dedicated to the recording, production, and/or editing of audio and/or visual art forms or the broadcast via radio, television, internet or other media of audio and/or visual art forms, or the combination of any of the above.

Visalia City Council Printed on 1/16/2025Page 2 of 20
powered by Legistar™
434
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.

Commercial and Mixed Use ZonesOffice Zones Industrial

USE C-N C-R C-S C-MUD-MUO-PA O-C BRP I-L I
C7 Media Studio P P P P

3. Battery Energy Storage System (BESS)
In 2024, one Site Plan Review applicant proposed this type of use on a vacant lot in the industrial park. Staff determined that the use would be permitted based on its demonstrated likeness to other uses in the vicinity.

Suggested definition: means a permanent facility that charges (i.e., collects energy) from an electrical grid or a power plant and then discharges that energy at a later time through an electrical grid.

Commercial and Mixed Use ZonesOffice Zones Industrial

USE C-N C-R C-S C-MUD-MUO-PA O-C BRP I-L I
U2 Battery Energy Storage
System
C

4. Residential unit reoccupation
This change would allow, as a permitted use, a residential dwelling unit without any commercial activity to be established in a structure that was originally constructed as a residence. This would largely be applicable to historic homes that have converted to office uses but wish to revert back to a residence. Currently, zoning allows new or expansion of residences in any non-commercial zone as a conditionally allowed use. In 2023, one CUP was processed for such use. This revision would also help in addressing State mandates on requiring local jurisdictions to streamline residential housing developments.

Suggested definition: means a single-family dwelling, situated in a non-residential zone classification and which does not contain any on-site commercial or office business, that occupies an existing structure that was originally fabricated for the intended purpose as a residential dwelling unit. The single-family dwelling may or may not have a business associated with a home occupation permit.

Commercial and Mixed Use
Zones
Office Zones Industrial

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
R34 Residential Unit
Reoccupation

P P P P P P P C C C
B. Re-evaluation of land uses already listed in the Zoning Use Table.

1. Automated Car Washes
Staff’sprimary concern regarding car washes and the resulting conditions have been related to noise in order to address potential impacts when located near residences. Conditions have Visalia City Council Printed on 1/16/2025Page 3 of 20
powered by Legistar™
435
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.
to noise in order to address potential impacts when located near residences. Conditions have therefore routinely been added to address noise concerns. Staff believes that with the creation of performance standards to address car washes in all zones, certain zones which frequently see the establishment of car washes can become more permissive and allow the uses by right. The Planning Division processed three CUPs for car washes in C-MU zones between 2019 and 2023 (including one associated with Costco), , and one in the C-R zone in 2024 located in front of Sam’sClub. Generally, no unique conditions have been applied to these uses beyond the recommended development standards listed below.

Staff recommends that in addition to Zone Use Table changes that would allow certain zones to allow automated car washes as permitted by right, the following development standards be required for automated car washes throughout the city.

Suggested Development standards:

A. The queue lane shall not be visible from the public right-of-way. This shall be achieved by designing the site in a manner such that the queue lane is not located parallel with public street frontages, or by incorporating screening along a queue lane to a minimum height of three feet utilizing a combination of berms, hedges, and/or landscape materials, or solid walls if necessary.

B. The queue lane for entering the car wash structure shall not be located within 25 feet of a residential-zoned property or a parcel containing an existing residence or a sensitive receptor.

C. A noise analysis addressing noise impacts in conformance with the City of Visalia’s Noise Ordinance (Chapter 8.36) shall be required and accepted by the City Planner if the car wash is located within 1,000 feet of an existing residence or a sensitive receptor.

Compliance of the noise levels, subject to the Visalia Noise Ordinance, shall be verified by the acoustical consultant or their designee prior to operation.

D. For car washes requiring a noise analysis, hours of operation beyond 7:00 p.m. shall only be permissible if supported by a noise analysis that confirms the car wash will not be inconsistent with the City of Visalia’s Noise Ordinance (Chapter 8.36).

E. A traffic study which analyzes the impact of the proposed carwash on adjacent and nearby intersections may be required. The limits of this study shall be established by the City Engineer.

F. Adequate means of eliminating grease and oils from drainage systems shall be provided, such as through the installation of a sand-oil separator.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
A176 Car Washing - automated -
Meeting All Standards in
Section 17.32.168

C C P P C P C C
A18 Car Washing - automated -
Not Meeting All Standards
in Section 17.32.168

C C C C C C

2. Stand-alone Barbers and Tattoo
The Planning Division processed five CUPs for Stand-alone Barbers in Office zones and four Visalia City Council Printed on 1/16/2025Page 4 of 20
powered by Legistar™
436
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.

The Planning Division processed five CUPs for Stand-alone Barbers in Office zones and four CUPs for Tattooists in the C-MU zone between 2019 and 2023. Staff has determined that no unique conditions have been applied to these uses when a CUP has been processed. The CUP conditions of approval for the processed CUPs generally reflect enforcement of existing Zoning Ordinance standards (i.e. provide parking, landscape plans required, sign permit required) and compliance with site plans and floor plans. Given there is no apparent necessary reason to require a conditional use permit for these uses in these zones, staff recommends permitting these uses in those zones by right.

See section E below for barbers, no definition for tattooist.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

BARBERS, HAIRSTYLISTS, TANNING CENTERS, COSMETICIANS, & DAY SPAS B3 Stand Alone P P P P P C P C P
B5 Tattooist P P P C P P P P

3. Fast food restaurants in Industrial zones, meeting criteria in Section 17.32.161.

Given that VMC Section 17.32.161 details conditions necessary for this use type in industrial zones, a CUP doesn’tseem necessary. The Planning Division processed one CUP between 2019 and 2023.

No definition recommended.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
D8 Drive-Thru Lanes in
Industrial Zone

C P C P
E7 Quick Service/Fast Food
Restaurants (Industrial
Zone)

C P C P

4. Gallery
Permitting galleries in the downtown area is supported by Land Use Policy LU-P-17 which encourages the community to establish additional initiatives to support artist in the local community. No CUPs were processed between 2019 and 2023, and no galleries have sought approval in any zone during this time.

Suggested definition: means an establishment engaged in the sale, loan, or display of art, photography, crafts, paintings, sculpture, or other works of art. This clarification does not include libraries or museums.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
G1 GALLERIES- ART/

PHOTOGRAPHY/
CRAFTS

P P P P C P

5. Hotels and Motels
There were 3 CUPs processed between 2019 and 2023. Staff has determined that no unique conditions have been applied to these uses when a CUP has been processed. The CUP conditions of approval for the 3 processed CUPs generally reflect enforcement of existing Visalia City Council Printed on 1/16/2025Page 5 of 20
powered by Legistar™
437
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.
conditions of approval for the 3 processed CUPs generally reflect enforcement of existing Zoning Ordinance standards (i.e. provide parking, landscape plans required, sign permit required) and compliance with site plans and elevations. Given there is no apparent necessary reason to require a conditional use permit for these uses in these zones, staff recommends permitting these uses in those zones by right.

No definition recommended but revise Zone Use Matrix based on comments.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
H2 Hotels and Motels,
located 250 feet or
more from an existing
residence

C P C P C P C
H3 Hotels and Motels,
located less than 250
feet from an existing
residence

C C C C C

6. Animal Day Care Facility, Kennel, and Animal Hospital Definitions are recommended to provide more clarity and nature of these types of uses, such as commercial vs. hobby use, daytime boarding facilities such as “doggieday cares”,medical vs. non-medical. Additionally, the allowed locations of kennels appear to be limited given that they are only permitted in two zones and have a distance requirement from existing residential zones. Therefore, staff suggests expanding the zone districts for these types of uses to include Industrial zones and the Commercial Mixed-Use zone.

Suggested: Create new line item for Animal day care facility to mean, an establishment where dogs, cats, or other small domestic animals are provided such services as day care for all or part of a day, obedience classes, training, grooming, exercising, socializing, or behavioral counseling, provided that overnight boarding is not permitted.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
A6 Animal day care
facility

P C P P C
Suggested definition: Kennel means an establishment where dogs, cats, or other small domestic animals are boarded for an extended amount of time, trained, or bred.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
K1 Kennels (located 500
feet or more from a
residential zone)

C P C C P P
Suggested definition: Animal Hospital means an establishment for dogs, cats, or other small domestic animals to receive medical or surgical treatment, whether emergency or non- emergency, and are cared for during the time of such treatment. Use as short-time boarding (i.e., as necessary for medical observation, monitoring, and treatment) shall be only incidental to such hospital use. An animal hospital which provides short term boarding may operate 24 Visalia City Council Printed on 1/16/2025Page 6 of 20
powered by Legistar™
438
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.
to such hospital use. An animal hospital which provides short term boarding may operate 24 hours a day in an Industrial zone or if specified in a conditional use permit.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

VETERINARY SERVICES
V1 Animal Hospitals Care
Clinic (no boarding)

P C P P C P P
V2 Animal Hospitals/Clinics
(located 500 ft. from a
residential zone
including short term
boarding of animals)

C C C P P

7. Commercial bakeries and kitchens
Staff suggests that a definition and Zoning Use Matrix line item be created to allow for commercial kitchens that do not have a retail storefront. Given changes in the food service industry and efforts to grow food entrepreneurship businesses, such an addition would assist City staff to update the zoning use matrix to current trends. Also, given there is no apparent reason to require a conditional use permit for Commercial Bakeries in Service Commercial zone, staff recommends permitting this use in Service Commercial by right. Staff would also recommend conditionally permitting this use in the Commercial Mixed-Use zone.

Suggested definition: Commercial bakery means an establishment that is primarily engaged in manufacturing bread, bread-type rolls, and dry bakery products. The establishment will either not directly sell on the premises to consumers, or will conduct limited sales on the premises to consumers as an ancillary use to the bakery.

Suggested definition: Create new line item for Commercial kitchen to mean a facility equipped to prepare food or meals to be delivered off-site to a residential and/or commercial establishment, wherein the space is not open to patrons on-site.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M167 - commercial bakeries C P C P P
M17 - commercial kitchens C C P C C P P

8. Clothing imprinting
Staff considers this type of use to have little to no impact on adjacent uses. Such uses have previously operated or currently operate in the D-MU or C-MU zones.

Suggested definition: Clothing imprinting means a commercial operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods upon clothing or garments, including but not limited to the use of stitching, sewing, lithography, and screen process printing.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M4138 - clothing
assembly/imprinting

P P P P P
Visalia City Council Printed on 1/16/2025Page 7 of 20
powered by Legistar™
439
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.

9. Museum
No CUPs were processed between 2019 and 2023, and no museums have sought approval in any zone during this time. Additionally, given consistencies with other similar type uses in the conditionally permitted zones staff recommends making this use permitted by right in those zones.

Suggested definition: means an establishment serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use, and the holding of meetings and social events.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
M665 MUSEUMS (SPECIAL

INTEREST/

HISTORICAL-

PUBLIC/ PRIVATE)

C P C P C P

10.Photocopy services
Given the nature of the type of service and that the use is already permitted in commercial and light industrial settings, staff suggests that photocopy services also be allowed by-right in the Service Commercial zone.

No definition recommended.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
P74 With Printing Press P P C C C P P
P85 Without Printing Press P P P P P P P P P

11.Fire stations
Given that fire stations are already permitted in commercial, office, and industrial settings, staff suggests that this use also be allowed ‘by-right’ in the Service Commercial, Commercial Mixed Use, and Downtown Mixed Use zones.

No definition recommended.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
P185 Fire Stations C P C P C P C P P C P P

12.Post Offices
No post offices have sought approval in any zone during this time. Currently the city has three post offices: one in each of the C-MU, D-MU, and O-PA zones.

No definition recommended.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

PUBLIC COMMUNITY SERVICES
P2017 Post Offices P C P P
Visalia City Council Printed on 1/16/2025Page 8 of 20
powered by Legistar™
440
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

PUBLIC COMMUNITY SERVICES
P2017 Post Offices P C P P

13.Retail - Convenience stores
Staff believes that convenience stores can be considered synonymous to general retail or food stores that sell merchandise to the general public. The creation of a definition can create parameters on regulated projects such as alcohol and tobacco to ensure that a convenience store maintains a wide variety of products. Currently, the Zoning Ordinance provides no definition or description of convenience store, not describing its difference from general retail, grocery, specialty food, etc., and whether the description includes those that are part of a service station. Additionally, the line item does not describe how convenience store greater than 7,000 square foot in size shall be treated. Planning Division processed four CUPs for Convenience Stores between 2019 and 2023: One in each of the C-N, C-S, C-MU, and D-MU zones.

Suggested definition: means a small retail establishment, generally but not limited to under 7,000 square feet, which can be located within or associated with another use, that offers for sale convenience goods such as prepackaged food and drink items, periodicals, and other convenience goods or household items for the convenience of the neighborhood. Such establishments may include the sales of alcohol and/or tobacco products; however, the sale of each such line of products shall clearly be accessory to the overall range of goods offered within the establishment. Convenience stores which operate in a manner that meets the definition of “tobaccoshop”,as defined in Section 8.46.030, shall be subject to the definition of “TobaccoShop.” Convenience stores having the sale of alcohol which comprises the majority of gross sales shall be subject to the definition of “Liquor Store”, as defined in Section

17.04.030.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
RETAIL
Food Stores
R560 - convenience store -
7000 sq. ft. or less

C P C P C C P C P C C C

14.Tutoring Centers
Staff does not see a reason for tutoring centers to be considered as a conditionally allowed use, as they generally tend to operate similar to processional offices or counseling offices.

Therefore, staff recommends to allow the uses by-right in all locations where they are currently allowed. Planning Division processed one CUP for Tutoring in the C-N zone (between 2019 and 2023).

Suggested definition: means an establishment providing instruction to students typically on an individual basis, for personal or professional enrichment, involving scholastic, non-physical pursuits, including but not limited to academics, language instruction, music instruction, and computer training. Establishments providing instruction as a part of a certificate or degree granting program are not to be considered a Tutoring Center and subject to the most Visalia City Council Printed on 1/16/2025Page 9 of 20
powered by Legistar™
441
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.
appropriate use found in the “Schools, Public and Private” section of Table 17.25.030.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones) S98 Tutoring Centers C P C C P C P C P

15.Check-Cashing Service and Bail Bonds
Staff recognizes that these types of businesses would not likely require any unique conditions in order to ensure land use compatibility between other existing uses. These uses generally locate within an established commercial center or within a professional center and would have little to no impact on adjacent uses. Therefore, staff recommends allowing the uses by-right in all locations where they are currently conditionally allowed.

No definition recommended.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I

SERVICE, COMMERCIAL
S121 Check-Cashing Service C P C P C P C P
S176 Bail Bonds C P C P C P
C. Expansion of existing land uses already listed in the Zoning Use Table.

1. Automotive / Car Sales
Differentiate car sales between businesses with vehicle display lots and businesses essentially without vehicle display lots. This is due to a new business model of car sales for new brands that primarily sell cars online, or direct to consumer.

Suggested definition: Automotive sales means the use of any building or premises, or portion thereof, as a retail establishment for the display and sale of new and/or used motor vehicles.

The use may also conduct warranty repair work and other repair service and the sales of parts and accessories as an accessory use to the sale of motor vehicles. This definition does not include an establishment that does not display any on-site vehicles, as such use shall be classified as a professional office.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
A1922 Car Sales - New &
Used, More than four
(4) vehicles on display
P C
A20 Car Sales - New &
Used, one (1) to four
(4) vehicles on display

P P P P

2. Medical - clinic & offices
Currently the Zoning Use Matrix relies on listing types of facilities to define a Clinic rather than providing a broad breadth definition. A definition would assist in setting apart clinics from other types of facilities, such as Medical Offices. A definition would clarify appointment vs. walk-in, inpatient vs. outpatient services, drug dispensing, etc. Additionally, staff is unclear as to why Visalia City Council Printed on 1/16/2025Page 10 of 20
powered by Legistar™
442
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.
inpatient vs. outpatient services, drug dispensing, etc. Additionally, staff is unclear as to why Clinic uses in Regional Commercial, Commercial Mixed Use or Office Professional zones, and Medical Offices in Regional Commercial and Neighborhood Commercial zones should require a conditional use permit, particularly if better definitions and differentiation between the two use types are established.

Business Research Park zone: Given development in the BRP has been slow to take off, with most of the new projects being either food services/retail or hotel, with little on the horizon for additional office space or research park, it may be appropriate to consider other types of professional office uses. Such uses could include medical office type uses given they are typically in office park settings, subject to common design standards, and are primarily by appointment only.

Suggested update: Update 17.24.010.B as follows: The purpose and intent of the planned business research park zone district is to provide for business, scientific, educational, medical offices, and light industrial uses in a campus-type setting. Planned business research parks are to be planned and developed as integrated units via specific or master plans and are intended to accommodate large-scale office developments at locations that provide close-in employment opportunities; promote Visalia's community identity through special site development standards such as lot sizes, setbacks, landscaping, building scale, parking, open areas, etc.; and provide on-site ancillary uses including day care, food service, banks, recreation, etc., served by a variety of transportation modes to reduce vehicle trips.

Suggested definition: Clinic means a medical facility that operates as an urgent care or walk-in clinic, or is a multi-disciplinary or specialty medical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment at the facility is provided by two or more physicians, dentists, or other professionals that provide health care, chiropractic, psychiatric, or psychology services. This classification does not include hospitals.

Suggested definition: Medical office means a medical facility that operates as an appointment- based medical group practice, that is limited to outpatient services or surgeries only and does not provide overnight stays. Treatment may be provided by one or more of the following:
physician, dentist, optometrist, physical therapist, chiropractor, psychiatrist, psychologist, or similar health care professional.

Please note these proposed changes do not include Hospitals or Acute Care uses which are Conditionally permitted in only the D-MU and O-PA zones.

Visalia City Council Printed on 1/16/2025Page 11 of 20
powered by Legistar™
443
File #: 24-0553 Agenda Date: 1/21/2025 Agenda #: 2.

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
MEDICAL FACILITIES/SERVICES (for medical/dental offices see OFFICES) M6056 Clinics (medical group,
urgent care/walk-ins,
dental, rehabilitation ,
Outpatient Surgery
Center)

C C P C P C C P C C

OFFICES
O6 Medical (i.e., Physical
therapists, physicians/
surgeons, dentists/
orthodontists,
optometrists,
chiropractors, etc.)

C P C P P P P P P

3. Offices - Professional / Counseling
‘Counseling/psychologist - individual and group’ - Staff has observed new land uses that provide services to clients in a manner similar to, but larger in scope than traditional counseling offices. In these cases, counseling may include providing wrap around social services, recovery sessions for substance abuse, and other programs not involving drug dispensing or psychologist counseling. It may be appropriate to edit the existing ‘Counseling/psychologist- groups’(O8) line item to reflect this new land use and add a new definition to Chapter 17.04. Conversely, counseling offices as envisioned in the existing Zoning Use Matrix language do not appear to present a different land use or business activity than what may be typical in other Medical Office use types, or Professional Offices where medical examinations, treatments, or dispensing of drugs is not occurring. Because of this, it may be appropriate to simply rely on the proposed definition for “Medicaloffice”,add a new definition for “Professional office”, and delete line item O7.