Visalia City Council
April 7, 2025

I. DEFINITIONS

For the purposes of RFB NO. 23-24-57 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFB” means Request for Bid No. 23-24-57.

II. INTRODUCTION

The City of Visalia Purchasing Division is soliciting Bids for an annual contract for the transportation of biosolids to the Tulare County Landfill. Bidders will provide an hourly rate to transport approximately 7,000 tons of biosolids from the City of Visalia Water Reclamation Facility (7579 Ave. 288, Visalia) to the disposal site (landfi ll) which is located at 8614 Ave. 328 in Visalia, CA. The City will provide equipment and labor to load the biosolids into the transport vehicles. The City will also be responsible for the disposal fees.

The successful bidder shall be responsible for providing the transport vehicles (including all fuel), hauling and dumping at the landfill.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods." Bids are being sought from companies who have a proven record of experience in providing the services required by this Invitation to Bid.

Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014 -13, this public works project is subject to State prevailing wages as specified in the specifications. See Section III for additional Dep artment of Industrial Relations Requirements which apply to this project.

Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of age, race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expressio n, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
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No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.

Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’ s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions.

Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS,
Public Works Contractor Registration Program and Project Labor Agreements

Notice is hereby given that this contract is considered a public works contract and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR). Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.

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

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

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

The following statements and requiremen ts are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.

❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia.

Proof of registration for each contractor and subcontractor listed on the bid is required. 430
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❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

❑ As set forth in CLC section 1771.4(a)(2), the prime c ontractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at:
http://www.dir.ca.gov/wpnodb.html .

❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3 -year period to begin on the date a Notice of Completion is filed for the project. Please refer to the re tention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

❑ In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

❑ In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall;

o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.

o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non -compliance as detailed in labor code section 1776.

o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.

❑ The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

❑ As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:

o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 431
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1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.

o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070 -3098 may be employed at the apprentice wage rate on public works.

❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

❑ The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general cont ractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).

❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:

o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 432
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1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.

o The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.

o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.

o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

❑ As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the co ntract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.

10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp

IV. INSTRUCTIONS

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

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

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

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291

From: Bidders Name & Mailing Address

Marked: SEALED BID for Transportation of Biosolids RFB NO. 23-24-57 433
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4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.

5. Inquiries: Instructions to Bidder, Specifications and Bid Forms may be obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334, or by FAX.

To prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected]. All questions regarding this project are due by Friday, October 11, 2024.

V. SCOPE OF SERVICES/PROJECT

This request is for an hourly rate to transport approximately 7,000 tons of biosolids from the City of Visalia Water Reclamation Facility located at 7579 Ave 288, Visalia, CA 93277, to the Visalia Disposal Site (Landfill) located at 8614 Ave 328, Visalia, CA 93291. The City will provide equipment and labor to load the biosolids into the transport vehicles. The City will be responsible for disposal fees.

Transportation of the biosolids may be requested one or more times annually, depending on weather conditions and the availability of the landfill to accept specific quantities of the biosolids. The City will coordinate with the Landfill on availability to accept the biosolids and at what quantity prior to contacting the Contractor. In the recent past, the County Landfill has been able to accept a maximum of 300 Tons per day, 3 days per week. The City is hopeful that the County Landfill will continue to accept the same quantities for the upcoming years.

Ideally, the hauling of the dried stockpile is accomplished no later than December 31, 2024 of the following year. Unfortunately, due to the volume, it is sometimes necessary to begin hauling sooner to make more space available for the drying of materials for the current year.

At this time, some of the 2023 stockpile of bi osolids have already been transported to the Landfill.

The remaining 2023 stockpile (if any) will need to be removed and transported shortly after this contract is awarded (and no later than December 31, 2024).

It is anticipated that the hauling of the 2024 stockpile will begin in the Spring of 2025 (although it could be required earlier in the year if the stockpile is dry enough. Enough of the stockpile will be removed to create the space needed for the biosolids being generated in 2025.

Note: If the hauling of the 2024 stockpile doesn’t begin until July or August of 2025 , the hauling would need to continue until the entire pile is removed or no later than December 31, 2025.

GENERAL REQUIREMENTS:

Awarded Contractor shall be responsible for transportation of biosolids from the Water Reclamation Facility to the Visalia Disposal Site (landfill). Contractor shall furnish and use, at his own expense, all labor, trucks, trailers and fuel necessary to provide the contractual transportation and disposal of the biosolids. The hourly prices bid for services shall include all labor, equipment, and applicable taxes and fees for transporting and disposal of biosolids at the landfill (excluding the actual dumping fees which are paid by the City).

Awarded Contractor shall have adequate office and personnel resources for responding to City’s needs and shall perform services in a manner commensurate with the highest professional standards, using qualified and experienced personnel. Awarded Contractor shall be responsible for 434
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ensuring that all work performed under this contract shall conform to and comply with all applicable safety and motor vehicle regulations as issued by, but not limited to, the Federal Government, the State of California and the City of Visalia.

Awarded Contractor shall give personal attention to the fulfillment of the contract and keep work under their control. No subcontractor will be recognized as such, and all persons engaged in the work will be considered as employees of the Awarded Contractor.

Awarded Contractor shall not perform any additional services related to the contract for which payment is expected without the express written consent of the City of Visalia, prior to the time the extra services are performed or rendered.

CONTRACTOR’S TRUCK/VEHICLE REQUIREMENTS:

Awarded Contractor will need the ability to provide up to 3 dump trucks at a time each day, with a 48-hour notice from the City to commence (or continue) transport services. The billable hourly rate begins when the truck arrives at the City’s Water Reclamation Facility and ends once the truck has reached its point of origin (Contractor’s yard, etc.) after the last dump. Contractor shall bill to the nearest quarter hour. If Awarded Contractor is unable to perform services by requested time, the City reserves the right to request service from other vendors.

Vehicles/Trucks to be used for this bid must be capable of transporting a minimum of 20 tons in a single load. The trucks must be capable of transporting and dumping at the landfill. The responsibility for determining which style of truck and trailer for this type of transport and delivery will be that of the Awarded Contractor.

All vehicles (trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by Awarded Contractor.

All vehicles shall comply with the State of California emission inspection program.

All drivers shall be properly licensed and shall operate vehicles used in the performance of the contract in a safe and prudent manner. Drivers shall refrain from using profane or vulgar language in a public area while performing work under this agreement.

ADDITIONAL INFORMATION:

Estimated hours of service and number of trucks per day listed on bid form are given as a basis for bidding purposes only. The City of Visalia does not guarantee that a minimum number of hours will be used. The City reserves the right to increase or decrease amount of hours listed to meet the needs of the City during the period (s) of the contract.

The Bid Form includes an area for Bidding Contractors to include at least three (3) organizations that can be used as references for performance of similar services. Contractors shall endeavor to include references of work performed for public sector agenc ies. Selected organizations will be contacted to determine the quality of work performed and the personnel assigned to the job.

VI. PRE-BID AND CONTRACT MEETINGS

1. A Non - Mandatory Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held on Tuesday, October 8, 2024, at 9:00 a.m. and will be held at Visalia Reclamation Facility, 7579 Avenue 288, Visalia, CA Attendance at this meeting is highly recommended but not required to submit a Bid in response to this RFB. Information regarding the project 435
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will be provided and time will be set aside for Contractors to ask questions about the work. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting. The notice to process will provide the contact information for the City’s Project Manager.

City Project Manager: Ben Litwack
Department: Public Works

VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Tuesday, October 22, 2024 at 2:00 P.M. at 707 W Acequia, Visalia CA, City Hall .

The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.

2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.

After the award, the City intends that its selection process will be open and public.

Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.

The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any f ailure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VIII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1 -2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integ rity to perform the 436
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contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.

IX. PROTESTS/APPEALS

Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

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

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

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

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

X. SPECIAL CONDITIONS

1. Project Administrative Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.

b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

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Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.

If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.

c. Omitted Items. Project Manager is authorized to omit minor contract items.

Major items must be omitted by supplemental agreement.

d. Extra Work . Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed or the Change Order Committee shall approve an increase in a Change Order issued after the Extra Work is completed. No additional payment is due for unauthorized Extra Work.

If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period the Project Manage r may move forward with issuing a Change Order to adjust the contract price.

e. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.

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f. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.

2. City-Contractor Relations

a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.

b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.

c. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for , all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like.

(2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility.
iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.

d. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.

e. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern day fabrication shops and good construction practice.

(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.

3. Legal Responsibilities. It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in 439
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compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws, and ensure against discrimination.

XI. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, d isability, gender or religion in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.

7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

8. All Bids are the property of the City after submission.

9. City is not responsible for Bid errors and omissions.

10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.

11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible 440
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to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

13. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call 559-713-4326 for more information.

14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.

15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.

16. Bidder shall withhold, pay and report all taxes and issue W -2 forms at the end of each calendar year for employees used to implement the proposed contract.

17. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

18. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

19. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions and specifications if agreeable between parties. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.

20. Each Bidder, will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

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

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under whi ch the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the mater ials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor may be required to submit Proposals on alternate items. The City reserves the right to 441
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award to the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.

24. No mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub -Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.

27. The annual contract resulting from this invitation to bid will be administered by the Public Works Department. However , the cities Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.

28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.

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

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

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve -month period closest to the annual anniversary date of contract . In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice
Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.

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

XII. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1 -2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor. 443
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Bidding Agency:_________________
EXHIBIT “A”
BID FORM RFB NO. 23-24-57

ANNUAL CONTRACT TO TRANSPORT BIOSOLIDS

FROM VISALIA WRF TO TULARE COUNTY LANDFILL

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-57 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the hourly rate set forth in the following Bid Schedule.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties and fees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

BIDDER understands that this is considered a public works contract, subject to State and other requirements, including payment of prevailing wages, registration with the Department of Industrial Relations, uploading of certified payroll to the Labor Commis sioner and other requirements that are outlined in the RFB and City of Visalia Labor Compliance Manual, which are made a part of this contract.

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

BIDDER agrees to commence the work on the start date agreed between BIDDER and Project Manager, only after the contract is fully executed and Notice to Proceed has been issued.

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

Low Bidder shall be based on the Lowest Total Bid Price . Award, if made, will be to the lowest bidder whose bid is deemed to be both responsive and responsible and meets all criteria specified in the RFB.

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

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

All bids will be checked for accuracy. In the case of discrepancy in amounts bid, unit pricing (hourly rate) shall prevail over extended amounts.
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Prices bid include all costs for labor, materials, equipment, tools, transportation, fuel and taxes (excludes dump fees as those are paid by the City).

Bidder Instructions:

1. Provide hourly rate in column A

2. Calculate Column D as follows: Column A X Column B X Column C = Column D

Transport Biosolids
from Visalia WRF to
Tulare County Landfill
per specifications of
RFB-23-24-57
A
Hourly Rate
Per Truck
x B
Estimated # of
Trucks Required
Per Day
x C
Estimated
Hours Per
Day
= D
Cost Per Day

$__________hr.
(per hour, per truck)

x

3 x

8 hrs.

=

$__________________
Total Bid Price

(1)__________________________________________________________________________________________ Bidding Firm

(2)__________________________________________________________________________________________ Corporation, Partner, Joint Venture

(3)__________________________________________________________________________________________ Business Address City State Zip Code

___________________________________________________________________________________________ Telephone Number Fax Number E-mail Address

(4)_________________________________________________________________________________________ Signature of Authorized Person (Date) Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.

(3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

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BIDDING AGENCY:_________________
BIDDING CONTRACTOR’S LICENSE INFORMATION:

STATE CONTRACTOR’S LIC. CLASS:_________________ # _____________________________EXP. DATE:___________ STATE D.I.R. REGISTRATION #______________________________________________________ FEDERAL TAX I.D. #______________________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________(A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia, regardless of whether the business address is actually located within the City.

Contact the business License Division for clarification of questions at 559-713-4326.

CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.

REFERENCE 1

NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________

AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________

REFERENCE 2

NAME OF AGENCY:__________________________________________________CONTACT PERSON:____________________

AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________

REFERENCE 3

NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________

AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________

DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_____________________________________________TELEPHONE#_______________________________

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_____________________________________________TELEPHONE#_______________________________

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________

ADDRESS:_____________________________________________TELEPHONE#_______________________________

Submit with Proposal
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EXHIBIT “B-1”

BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)

The BIDDER shall complete the following statement by checking the appropriate blanks:

The BIDDER has_____ has not _____ participated in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.

The BIDDER has _____ has not _____ submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subBIDDE Rs will be awarded prior to award of subcontracts.

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100, “Employee Information Report EEO- I” prior to award of the contract.

Note: Failure to complete the blanks may be grounds for rejecting the bid.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

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EXHIBIT “B-2”

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

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

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

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

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

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

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be d eclared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 112 46 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

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

Company Name:__________________________________ Date:____________________________ Business Address:_________________________________________ Signature: _______________________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal (if any):
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Submit with Proposal
EXHIBIT “B-3”

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

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

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

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:

(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and

(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES

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

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

Company:____________________________________________________________________ Business Address: ____________________________________________________________________

Signature:________________________________________ Date:________________________________ Name of Signing Official (Print or Type) :________________________________ Title of Signing Official:__________________________________ _Company Seal (if any):

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EXHIBIT “B-4” Submit with Proposal

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

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

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________

Company Seal (if any):

State of California
County of ________________________

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

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

Signature __________________________________ (Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 450
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EXHIBIT “B-5”

WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

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

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

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Submit with Proposal
EXHIBIT “B-6”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract.

By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

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

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

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

OWNERSHIP DISCLOSURE

____________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company

_________________________________________________________________________________________________________ Address

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

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

The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

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

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

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

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

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
____________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company

__________________________________________ _____________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual

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Submit with Proposal
EXHIBIT “B-8”

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY(Authorized Signature)

DATE EXECUTED

PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

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

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:

(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:

(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

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

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

⃝ The Contractor is not:

(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:________________________________ Printed Name:_______________________

Title:____________________________________ Agency Name:_________________________

Date:____________________

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.

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EXHIBIT “C” (SAMPLE – do not submit with bid)

ANNUAL CONTRACT FOR TRANSPORTATION OF BIOSOLIDS

FROM WATER RECLAMATION FACILITY TO TULARE COUNTY LANDFILL (City of Visalia Bid No. 23-24-57)

This Agreement, entered into and effective this ________ day of ________________, 2024 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, CITY desires to enter into an annual contract for the project work as evidenced by the solicitation of Request for Bids No. 23-24-57; and

WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an annual contract to CONTRACTOR for the Project; and

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

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one -year periods. "Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CO NTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-57, Annual Contract for Transportation of Biosolids from City’s Water Reclamation Facility to Tulare County Landfill Attachment 4 CONTRACTOR’s bid in response to Bid No. 23-24-57

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

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All work described in Scope of Services in Bid No. 23-24-57.

4. CITY COMMITMENTS:

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

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

5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Project Manager at least thirty (30) days (but no sooner than ninety (90) days) prior to the annual anniversary date of the agreement as specified in the General Conditions of RFB 23-24-57.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI -U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.

In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

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

CITY OF VISALIA

Dated: ____________________ By:______________________________________________________ City Manager

Total Compensation: Not to Exceed $_________________annually at Contractor’s hourly rates bid.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for completed work 457
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Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager

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EXHIBIT “C, Attachment 1”

GENERAL CONTRACT PROVISIONS

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

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

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

CITY OF VISALIA CONTRACTOR__________________________________ 707 W. Acequia Ave. __________________________________ Visalia, CA 93291 __________________________________ Attention: City Clerk Attention: ________________________

D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

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

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

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

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claim s, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Attorney’s Fees : In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by 459
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the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

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

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

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

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EXHIBIT “C, Attachment 2”

INSURANCE REQUIREMENTS

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

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

3. Types of Insurance and Minimum Limits . The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;

b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non -owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.

c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:

(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reaso nably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:

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a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.

b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.

c. This insurance shall not be canceled, limited in scope or coverage, or non -renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

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

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0093 Agenda Date: 4/7/2025 Agenda #: 18.

Agenda Item Wording:

General Plan Annual Progress Report - Receive and accept the City of Visalia’sGeneral Plan Annual Progress Report for 2024 and authorize staff to submit to the Governor’sOffice of Planning and Research.

Deadline for Action: 4/7/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Josh Dan, Senior Planner, [email protected] <mailto:[email protected]>, (559) 713-4003 Paul Bernal, Director of Planning and Community Preservation, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council receive and accept the City of Visalia 2023 General Plan Annual Progress Report and authorize staff to submit to the Governor’s Office of Planning and Research.

Background Discussion:

Government Code Section 65400 requires the City of Visalia to prepare and submit an Annual Progress Report (APR) on the entire General Plan (Attachment 1). The Government Code requires the APR to be “considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments,” and then submitted to the Governor’s Office of Planning and Research (OPR).

Summary:

California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) each year on the General Plan and progress on its implementation to the legislative body, (in this case the City Council), followed by the Governor’sOffice of Planning and Research (OPR). The four basic purposes of the annual report are as follows:
· To provide information to assess progress on implementation of the General Plan in accordance with the stated goals, policies, and implementation measures. · To provide information to identify necessary course adjustments or modifications to the General Plan as a means to improve implementation.
· To provide a clear correlation between land use decisions made during the reporting period, and the goals, policies, and implementation measures in the General Plan. · To provide information regarding local agency progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the development of Visalia City Council Printed on 4/4/2025Page 1 of 2
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File #: 25-0093 Agenda Date: 4/7/2025 Agenda #: 18.
housing.

This year will be the City of Visalia’ssecond APR regarding the 2030 General Plan. The APR covers the period of the previous calendar year, 2024. The APR for the General Plan and for the Housing Element of the General Plan have separate reporting requirements and forms, and as such, have been prepared as two separate documents.

Fiscal Impact:

None.

Prior Council Action: None.

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

I move to approve the General Plan Annual Progress Report and direct staff to submit the document to the Governor’s Office of Planning and Research.

Environmental Assessment Status: This document is a reporting document. The material and information provided within does not create or alter policy. Content provided within this document is provided for informational purposes only and is exempt from the requirements of the California Environmental Quality Act (CEQA).

CEQA Review: The requested action is considered exempt under Section 15306, which exempts data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.

Attachments:

1. Attachment 1 - City of Visalia 2024 General Plan Annual Progress Report Visalia City Council Printed on 4/4/2025Page 2 of 2
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General Plan Annual Progress Report
2024

City of Visalia

Prepared by the City of Visalia, Planning and Preservation Department, Planning Division
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Table of Contents

Page
I. Adopted Amendments to the Plan, Projects, and Accomplishments ................................ 3 II. General Plan Elements ...................................................................................................... 8 Land Use Element ................................................................................................. 8 Historic Preservation Element .............................................................................. 9 Circulation Element .............................................................................................. 9 Parks, Schools, Community Facilities, and Utilities........................................... 10 Open Space and Conservation Element .............................................................. 10 Air Quality and Greenhouse Gases Element ...................................................... 10 Safety and Noise Element ................................................................................... 11 III. General Plan and Zoning Code Updates ......................................................................... 11 IV. Conclusion ...................................................................................................................... 11 Appendix A ................................................................................................................................. 12

Appendix A Government Code Section 65400
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Introduction
This report has been prepared pursuant to the requirements of Government Code Section 65400.

Guidance for preparation of the report is provided by the Governor’s Office of Planning and Research (OPR).

The purpose of the document is to report on the City of Visalia ’s progress in implementing its General Plan. The document will be pr ovided to the Planning Commission and City Council for their review and submitted to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).

General Plan Background
The State of California requires that every city and county adopt a long -term General Plan . A jurisdiction’s General Plan addresses state General Plan requirements. Pursuant to Government Code Section 65302, a General Plan shall consist of a statement of development policies and shall include diagrams and text setting forth objectives, principles, standards, and plan proposals.

General Plans shall also address eight specific topics or “elements,” listed in Section 65302. The General Plan may also address other topics the community feels are relevant. Regardless of the format or issues addressed, the Plan must be internally consistent.

The City of Visalia’s 2030 General Plan was adopted as a comprehensive update to the General Plan on October 14, 2014. The Plan includes six of the eight elements required by State law: Land Use, Circulation, Open Space, Conservation, Safety, and Noise. Open Space and Conservation are combined, as are Safety and Noise. It also includes two optional elements that address local concerns: Historic Preservation and Parks, Schools, Community Facilities, and Utilities. The General Plan clearly communicates the City’s vision of its future and establishes a policy framework to govern decision-making concerning the physical development of the community.

It also provides assurances that the community at large will be supported by an adequate range of public services and infrastructure systems.

Purpose of the General Plan Annual Progress Report
California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) each year on the General Plan and progress on its implementation to the legislative body, (in this case the City Council), followed by the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD). The four basic purposes of the annual report are as follows:
 To provide information to assess progress on implementation of the General Plan in accordance with the stated goals, policies, and implementation measures.  To provide information to identify necessary course adjustments or modifications to the General Plan as a means to improve implementation.
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 To provide a clear correlation between land use d ecisions made during the reporting period, and the goals, policies, and implementation measures in the General Plan.  To provide information regarding local agency progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the development of housing.

This year will be the City of Visalia’s second APR regarding the 2030 General Plan. The APR covers the period of the previous calendar year, 2024. The APR for the General Plan and for the Housing Element of the General Plan have separate reporting requirements and forms, and as such have been prepared as two separate documents.

The rest of this report will present the chronology of adopted amendments to the General Plan through 2024, present major milestones and projects that occurred in the reporting period, a status update of the implementation measures for the General Plan, and finally a summary of any grants received to assist in implementing the General Plan, along with the next areas of focus in the plan’s continued implementation.

Informational Document
This document is a reporting document. The material and information provided within does not create or alter policy. Content provided within this document is provided for informational purposes only and is exempt from the requirements of the California Environmental Quality Act (CEQA) per Guidelines Section 15306, which exempts data collection, research, experimental management, and resource evaluation activ ities which do not result in a serious or major disturbance to an environmental resource.

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I. Adopted Amendments to the Plan, Projects, and Accomplishments

Adopted Amendments
The General Plan remain s a current document responsive to the community’s needs. Requests for amendments may be submitted by individuals or initiated by the City. Amendments to the Visalia General Plan through December 2024 are listed below.

Amendments to the Visalia General Plan (January 2024 – December 2024) General Plan
Amendment
(GPA) Number
Action Applicant Description
GPA 2024-01 Approved
Resolution No.
2025-07
City of Visalia A request by the City of
Visalia to adopt a
comprehensive update to
the Safety Element of the
Visalia General Plan, and to
adopt a new Environmental
Justice Element for inclusion
in the Visalia General Plan.

GPA 2024-02 Yet to be
scheduled for
public hearing.

Derrel’s Storage /
Greg Dowds
A request by Derrel’s
Storage to change the land
use designation upon APN
098-050-038 from High
Density Residential to
Commercial Service for a

9.42-acre parcel, and the
change of land use
designation upon APN 098-
050-060 from Low Density
Residential to High Density
Residential for a 9.08-acre
parcel.

GOZ 2024-03 Yet to be
scheduled for
public hearing.

Derrel’s Storage /
Greg Dowds
A request by Derrel’s
Storage to change the
zoning designation upon
APN 098-050-038 from
Multi-family Residential (R-
M-3) to Commercial Service
Commercial (C-S) for a 9.42-
acre parcel, and the change
of land use designation upon
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APN 098-050-060 from R-1-5
(Single-Family Residential
5,000 sq. ft. minimum site
area) to Multi-family
Residential (R-M-3) for a

9.08-acre parcel.

CZA 2024-04 Yet to be
scheduled for
public hearing.

Derrel’s Storage /
Greg Dowds
A request by the Derrel’s
Storage to establish
conditions for a storage
facility upon APN 098-050-
038.

GPA 2024-05 Recommended for
approval to the
City Council by the
Planning
Commission on
March 24, 2025.

Scheduled for City
Council public
hearing on April
21, 2025.

City of Visalia A request by the City of
Visalia to expand the Urban
Growth Boundary by
annexing two parcels into
the City limits, and to change
approximately one acre on
the site from Residential
Very Low Density land use
designation to
Parks/Recreation land use
designation.

Building Permits
The Engineering and Building Department received a grand total of 5,236 building permits in 2024. This figure includes new construction and renovations; however, staff will focus primarily on new construction for this section. New single-family residential units accounted for 302 of those permits, while 40 permits were for accessary dwelling units and 69 permits were for new commercial buildings.

In addition to building permits submitted, in the 2024 calendar year, building staff also finaled a total of 2,189 permits. Of that total, there were 317 single-family home production permits, 18 multi-family production permits, 19 custom home permits, and 19 accessory dwelling unit permits. Please note that some of the permits finaled in 2024 would have been submitted in calendar year 2023 as a “new” permit.

Also in 2024, staff received a total of six new residential developments (i.e., tentative maps, parcel maps, SB9 lot splits, etc.). The residential development proposals totaled 455 housing units. Four of these submittals were for residential subdivisions and the remaining two were for in-fill development through minor land divisions (i.e., parcel maps or SB9 lot splits) . The housing applications were submitted to the Planning Division for either entitlement or deemed a “by-right” use and reviewed for zoning consistency and development standards or state allowances.

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Planning Entitlements and Site Plan Review
The Planning Department also processed a variety of land use permits during 2024, including but not limited to annexations, conditional use permits (CUP), variances, tentative subdivisions maps, parcel maps, and associated environmental reviews. During the past year, the Planning Commission agendas included the following application types:
 49 Conditional Use Permits
 6 Tentative Parcel Maps
 6 Zoning Text Amendments
 4 Tentative Subdivision Maps
 3 Annexations
 1 Variance
Of the projects reviewed by the Planning Commission, eight projects were also presented to the City Council.

Other Plans and Projects
The following discussion summarizes other projects which the C ity expended substantial efforts in 2024.

Environmental Justice Element
The City began finalizing work on the Environment Justice Element to meet the requirements set out by the Department of Housing and Community Development when certifying the City’s sixth cycle of the Housing Element Update. The drafting of the Environment Justice Element required a considerable amount of time and effort as it involved incorporating a significant public outreach campaign, establishing goals and policies, and implementation measures found in other areas of the General Plan, relevant to the objectives and goals mandated for the Environmental Justice Element. Pursuant to Senate Bill 18 , tribes were notified about the proposed Environmental Justice Element adoption and presented an opportunity to request consultation . The Environmental Justice Element has been reviewed by the Planning Commission on January 27, 2025, and was recommended for approval to the City Council. The Environmental Justice Element was then public heard and considered for adoption by the City Council on February 17, and adopted as recommended by the Planning Commiission and staff.

2021 Housing Element Update
The City of Visalia began work on the City’s 6th Cycle Housing Element Update during the summer of 2022. This included securing a Regional Local Early Action Planning (REAP) grant and the Local Early Action Planning (LEAP) grant from the State. The C ity spent a tremendous amount of time and effort in updating its Housing Element with assistance from Mintier Harnish consultants to meet all of the new requirements within the statutory deadline. The 6th Cycle Housing Element Update was completed and adopted by City Council and submitted to the State Housing and Community Development (HCD) Department in December 2023 . The Housing Element was certified by HCD August 2024, and all rezones required within the first year were completed.

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Short-term Rentals
In 2023, the City determined that short-term rentals would require a ministerial permit within all Residential Zoning Districts. Short-term rentals were presented in wor k session format to the Planning Commission in August 2023 and to City Council in May 2023. With direction provided, staff reviewed how other agencies had addressed sh ort-term rentals and d rafted potential regulations for the use in all residential zones . In October 2023 an ordinance was approved by the City Council allowing for the short-term rental of residential properties subject to an approval of a ministerial permit. The City began approving permits for short term rentals in December 2023. Based on public input and recommendations from the Council, an update on the number of short-term rental permits issued and outstanding unpermitted operators will be revisited by the Council in summer of 2024. This meeting will help to better understand whether an ordinance will need to be drafted to further amend the use. The Short-Term Rental Ordinance was approved by the City Council on January 24, 2024.

Zoning Ordinance/General Plan Update
In the 202 4 calendar year, staff has conducted a zoning ordinance text “clean-up” that was adopted by the City Council to further identify was to streamline housing approvals, including the removal of the conditional use permit requir ement for re -establishing residential units in the Office Conversion zone for former residential structures that were converted to commercial office space. This process is now listed as a “by -right” use. The removal of the CUP requirement eliminates entitlement processing fees and the public hearing process to re-establish a residential unit.

Specific Plans
In 2023 the City approved the Carleton Acres and Pratt Family Ranch Specific Plans. These entitlements include an approximate total land area of 563.86 -acres and a total housing unit potential of 3,415 units across two development growth boundaries. The Carlton Acres Specific Plan project is the larger of the two, measuring approximately 468.3-acres and the Pratt Family Ranch Specific Plan measuring approximately 95.56-acres. Entitlements for housing subdivisions were approved as part of the specific plan approval and final maps are currently being processed for recordation. In addition to the single -family approvals, o ne entitlement for multi -family development was reviewed and approved in December 2024.

Storm Water and Sanitary Sewer (Water Reclamation Facility) Master Plan Update The City’s Capital Improvement Project engineering staff have been actively working to complete updates to the City’s sanitary sewer and storm water master plans in accordance with the General Plan and the land use diagram. The study area for the update has predominantly been the Tier 3 urban growth boundary with the exception of the waterways and basins located outside the city’s boundary to the east and west. The following General Plan policies specifically apply to the update. These policy descriptions are a summary of the actual policy wording that only focuses on the portion applicable to storm drainage.

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 Policy P-55 (Wastewater) requires periodic review and updates to development Impact Fees, wastewater connection charges, and monthly service charges to provide adequate funds are collected to operate and maintain existing facilities and to construct new facilities.
 Policy P-57 (General Utilities) requires updates to public facility master plans related to infrastructure development to provide existing levels of service that can be maintained for proposed land uses and development densities.
 Policy P -59 (General Utilities) requires implementation of public facility master plans through various funding mechanisms including assessment districts, user fees, development Impact Fees, reimbursement agreements, and/or other mechanis ms that provide for equitable distribution of development costs.  Policy P-1 (Park System Planning) requires an assessment of opportunities for joint use of city parks with storm water basins.
 Policy P-46 (Water Conservation) is a broad policy for the CITY to continue in an active role in regional and local water management planning. This policy focuses on storm water by identifying the configuration of storm water facilities designed to retain and recharge as much storm water as possible within and near the CITY.  Policy P-61 (Storm Drainage) requires the CITY to establish a Storm Water Management Program and adopt a Storm Water Management Ordinance to minimize storm water runoff rates and volumes, control water pollution, meet regulatory requirements, and maximize groundwater recharge. New development will be required to include Low Impact Development (LID) features that reduce impermeable surface areas and increase infiltration.
 Policy P-62 (Storm Drainage) requires updating the Storm Water Master Plan to provide site-appropriate solutions that protect surface water quality and meet regulatory requirements as directed by the Storm Water Management Program.  Policy P-46 (Implementation) uses the term “storm water facilities,” and this applies to two types of facilities in the city: basins and waterways. Implementing this policy results in retaining the design storm in basins citywide as much as is practical. The CITY discharges some of it s storm water into waterways. These discharges should be prevented from continuing downstream and instead be diverted into off -stream storage basins as much as is practical. There is a priority for implementing this policy for Visalia being a member of the Mid-Kaweah Groundwater Sustainability Agency, and the Agency is actively working to develop a Groundwater Sustainability Plan.

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II. General Plan Elements
The General Plan details the City’s guiding principles for a variety of planning topics and is the roadmap for future development. California Government Code Section 65300 et seq. provides direction and specifications for the content of the General Plan. The following eight elements are required:
 Land Use
 Circulation
 Conservation
 Open Space
 Noise
 Safety
 Environmental Justice
The elements may be combined or renamed, but basic requirements must be included. An agency may adopt any type of optional element, such as an Economic Element, at its discretion. Only the Housing Element must be certified by another agency (i.e., HCD). The City of Visalia General Plan consists of the following Elements:
 Land Use
 Historic Preservation
 Circulation
 Parks, Schools, Community Facilities, and Utilities
 Open Space and Conservation
 Air Quality and Greenhouse Gases
 Safety and Noise
Subtopics are included in the elements to meet California’s requirements. The following sections address implementation for each of the County’s General Plan Elements.

Land Use Element
The purpose of the Land Use Element is to present a framework to guide future land use decisions and development in Visalia, while also enhancing community character and improving the city’s look and feel. The element forms the core of the General Plan, and its policies articulate the community’s land use and growth management priorities through 2030.

The element includes the Land Use Diagram, land use classifications, standards for density and intensity, and growth boundaries and phasing. The objectives and policies focus on several distinct areas: economic development; urban boundaries and growth management; rural buffer and edge conditions; community design; infill development incentives; residential neighborhoods; commercial and mixed uses; Downtown and East Downtown; industrial land uses; institutional and civic lan d uses; and the airport. Together, these policies help define Visalia’s physical development and reinforce its commitment to balancing land use requirements with community needs and economic growth, while also allowing for flexibility in implementation 528

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to respond to the real estate market.

Historic Preservation Element
As the oldest Central Valley city south of Stockton, Visalia hosts an impressive collection of historic sites and structures, including four that are listed on the National Register of Histo ric Places. Numerous distinctive architectural styles are present in Visalia, concentrated in the city’s historic core; particularly notable examples are recorded in the city’s local registry.

The Historic Preservation Element features a summary of Visal ia’s historic resources and its existing historic district. It presents the City’s Historic Preservation Ordinance, and identifies other complementary programs, as well as factors that may have the effect of discouraging historic preservation. The Element presents a set of objectives and policies that reflect recommendations of the Historic Preservation Advisory Committee, as confirmed by the General Plan Update Review Committee (GPURC).

Circulation Element
The Circulation Element of the 2030 General Plan is intended to provide guidance and specific actions to ensure the continued safe and efficient operation of Visalia’s circulation system. The Element is based on a fundamental philosophy that traffic conditions in the City can be managed through a comprehensive program of transportation planning, land use planning, and growth management strategies. This Element includes provisions for roadways, transit, aviation, pedestrian, and bicycle transportation modes, as well as parking conditions.

The Circulation Element responds directly to the Government Code [Section 65302(b)], which requires “a circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.”

State Law recognizes that circulation and land use are closely related and requires that p olicies in this Element and the Land Use Element be linked. Careful integration of the City’s traffic and circulation policies with its land use policies will ensure that there is sufficient roadway capacity to accommodate traffic generated by planned futu re development. The City is committed to designing a system of regional routes, local roads, public transit and bicycle and pedestrian pathways that will enhance the community and protect the environment.

The Land Use Element contains policies related to the physical framework for development that the circulation system is designed to serve all transportation users including vehicles, trucks, bicyclists and pedestrians. This Element also addresses landscaping along major streets and planning for street co nnectivity in new neighborhoods. It discusses how to create pedestrian - friendly environments and design for alternate modes of transportation. The Noise Element of the General Plan includes policies to alleviate noise generated by traffic conditions.

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Parks, Schools, Community Facilities, and Utilities
This element presents Visalia’s policies and programs for the development and maintenance of parks, schools, and other fundamental building blocks for new neighborhoods to be built over the next two decades. As presented in the Land Use Element, new neighborhoods are designed to protect and enhance community assets, including small town character and a strong sense of community. Policies in this chapter also reinforce the linkages between schools and parks envisioned in the Transportation Element, with roadways, bikeways, trails, safe routes to schools and pedestrian facilities. Finally, this chapter presents objectives and policies for the fire and police services, water supply and conservation, wastewater and solid waste collection, treatment and disposal, and utilities that are essential to support urban development.

Open Space and Conservation Element
The Open Space and Conservation Element establishes policies for the conservation of natural resources in Visalia. The Element addresses open space resources; land resources including farmland and minerals; water resources including groundwater and waterways; biological resources; and cultural and historic resources. Air quality and greenhouse gases are also important environmental issues for the Planning Area and are addressed in Chapter 7.

The City of Visalia defines open space as any parcel of land or body of water that is essentially unimproved and undeveloped or is used for recreation. This includes agricultural land, recreation areas, areas with hazardous conditions, and conservation areas as well as open space to shape and limit urban form. Currently there are approximately 39,760 acres in agricultural use, accounting for 65 percent of all land in the Planning Area. In addition, there are about 400 acres of land in and along waterways or canals, and 1,167 acres of park land.

Air Quality and Greenhouse Gases Element
Visalia is located in the San Joaquin Valley Air Basin (SJVAB). The Air Quality monitoring has been conducted in the SJVAB for many years. While new and innovative pollution controls have made the San Joaquin Valley Air Pollution Control District (SJVAPCD) a leader in the rate of improvement, the region is not in attainment for numerous criteri a air pollutants and the air basin still has poor air quality. Much of this pollution is attributed to the Valley’s topography, meteorology, two major highways, and intensive agricultural uses. In 2011, the major sources of air pollution in the San Joaquin Valley were heavy duty trucks, other mobile sources, autos and light trucks, and fuel combustion from stationary sources. Ozone and particulate matter are the two largest contributors to the Valley’s poor air quality. The causes and effects of these and other air pollutants are discussed in the next section. The California Air Resources Board (CARB) operates a regional network of air pollution monitoring stations that provide information on ambient concentrations of criteria air pollutants and toxic air co ntaminants. In Tulare County, CARB measures certain air pollutants, such as carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), and particulate matter less than 2.5 microns in diameter (PM -2.5). Data is collected at five active air quality stations l ocated in Tulare County. The station in Visalia is on North Church Street

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Safety and Noise Element
The purpose of the Safety and Noise Element is to identify the natural and man -made public health and safety hazards that exist within the City, and to establish preventative and responsive policies and programs to mitigate their potential impacts. This Element addresses geologic hazards, flood hazards, hazardous materials, wildfire hazards, and safety services. It also includes policies on natural hazards mitigation planning, which respond to the Federal Disaster Mitigation Act of 2000 and the Federal Emergency Management Agency’s implementing regulations and support the County’s Multi -Jurisdictional Local Hazard Mitigation Plan. Airport safety is addressed in the Land Use and Circulation Elements, as well as in the Noise section of this chapter. The purpose of the Noise section is to identify the noise sources that exist within the City, and to establish policies and programs to mitigate their potential imp acts through both preventative and responsive measures. The regulation of some noise sources such as railroad operations and aircraft operations is overseen by state and federal agencies. This element has a direct correlation with the land use, circulation , and housing elements. It guides the location of industrial land uses and transportation facilities, since they are common sources of excessive noise levels. This element also guides the location of particularly noise – sensitive uses, such as residences, schools, churches, and hospitals, so that they may be less affected by noise.

III. General Plan and Zoning Code Updates
The City comprehensively updated its General Pla n on October 14, 2014. One of the follow-up actions was to update the City’s Zoning Code per the direction provided in the Genera l Plan.

During the past several years staff continues to review and periodically update the Zoning Code based primarily on State changes to housing law.

IV. Conclusion
The General Plan is the City’s constitution and guidin g vision. Due to the world’s ever -changing nature, upkeep and maintenance of the General Plan is a continuous process. The City implements the General Plan’s vision on a day -to-day basis in its many planning projects, and strives to include the public in the decision-making process.

The City provided leadership and participated in many planning activities in 2023, as identified in this report. It continued its project review responsibilities to further the General Plan’s goals, policies, programs, and implementation measures.

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Appendix A
Government Code Section 65400

(a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:

(1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open -space land and natural res ources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.

(2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:

(A) The status of the plan and progress in its implementation.

(B) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.

The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of f orms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Prior to and aft er adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. The report may include the number of units that h ave been substantially rehabilitated, converted from non -affordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.

(C) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.

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(b) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or j udgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a) , but no sooner than six months following that adoption.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0032 Agenda Date: 4/7/2025 Agenda #: 1.

Agenda Item Wording:

Mobile Home Park Standardized Lease Program Review and Approval - Review annual report on rental information received from participating mobile home park owners under the 2020 Standardized Lease Program Agreement and consider approval of the 2025 Standardized Lease Program Agreement with participating mobile home park owners along with the 2025 Model Lease Agreement.

Deadline for Action: 4/7/2025
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Jim Koontz, Assistant City Attorney, (559) 372-2400; Margie Perez, Housing Specialist, (559) 713-4460
Department Recommendation:

Review annual report on rental information received from participating mobile home park owners under the 2020 Standardized Lease Program Agreement and approve the proposed 2025 Standardized Lease with all mobile home park owners that will agree to participate in the program; and offer the 2025 Model Lease to residents that live within those mobile home parks.

Background Discussion:

The City of Visalia has entered into memorandums with participating mobile home park owners as an alternative to a rent control ordinance since the 1990’s. The current agreement expires in June 2025.

Under these agreements the participating parks have agreed to offer a Standardized Lease Agreement with specific rental increase maximums and in exchange if the City were to pass a rent control ordinance these participating parks would be exempt.

The model agreement requires the participating Park Owners to offer a Model Lease with limitations on how much space rental rates can increase per year. Rental increases are to be the same rate as the social security cost of living increases, with a minimum allowable percentage increase of three percent (3%) and a maximum increase of seven percent (7%). If the social security increase is less than the minimum rate the rent can be increased by three percent and, if the social security increase is over the maximum amount, the rental rate cannot exceed seven percent.

The City of Visalia has ten total parks with approximately 1,400 mobile home spaces. There are 5 parks participating, which contain 757 mobile home spaces eligible to participate in the current Standardized Lease Program Agreement. Under the current agreement participating mobile home park owners annually provide information to the City concerning rental conditions and the number of park residents utilizing the Model Lease. A summary of the information provided by the park owners has been prepared by City staff and is attached to this report for review as Attachment “C.” The report shows that rental rate increases remain steady although participation in the Model Lease Program varies in the participating parks. There are a total of 757 total spaces in the participating parks and of Visalia City Council Printed on 4/4/2025Page 1 of 5
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varies in the participating parks. There are a total of 757 total spaces in the participating parks and of those total spaces there were 643 spaces being rented. Of the spaces being rented, 401 of those spaces were using the Model Lease during the reporting period of January 1, 2024, through December 31, 2024, as shown below in Table 1: Participating Park Space Information. The number of rented spaces participating in the City Model Lease Agreement is dependent on the residents deciding to participate in the program. Several parks offer other lease agreement options that may be more appealing to residents, depending upon their individual income and situation.

A revised agreement between participating park owners and the City for the Model Lease to continue for another five-year period is included as Attachment “A” Draft Memorandum of Understanding, with the Master Lease form, included as Attachment “B” for Council’s approval. As discussed in more detail below, the 2025 Model Lease is similar to the 2020 Model Lease with a few revisions.

These documents have been discussed with the Park Owners. City staff have also forwarded draft documents to mobile home residents that have sought to be involved in negotiating the Model Lease.

Relationships between mobile home park owners and park residents can be contentious. Generally, each resident owns their individual mobile home and rents the land where their mobile home is located. Each resident is responsible for their individual mobile home space and the park owner is responsible for the common areas. Mobile homes are often “mobile” in name only and it is expensive to relocate leaving many park residents feeling trapped when space rents increase. Disputes often occur between these groups over the fairness and necessity of rent increases.

Park residents in Visalia have often argued that a rent control ordinance by the City is necessary.

Park owners have responded that rent control is not necessary and that even if implemented, rent control is no guarantee that rents will not increase. Park owners have also argued that rent control ordinances can be expensive for cities to implement and manage. As an alternative to rent control, several park owners agreed to offer and be bound by a Standardized Model Lease and, in exchange, if the City implemented rent control, the participating parks would be exempt. The Standardized Lease Program has continued to encourage long term rental agreements with stable rent increases throughout the City, although, as noted in this report, not all parks in Visalia participate in the program. Under the Model Lease program, park owners can offer other lease forms with different Visalia City Council Printed on 4/4/2025Page 2 of 5
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program. Under the Model Lease program, park owners can offer other lease forms with different terms as long the Model Lease is among the rental agreements offered. Residents choose which lease they feel best meets their needs.

In past versions of the Standardized Lease Program the City was more heavily involved and would be actively involved in attempting to resolve disputes between the park owners and park residents at significant expense to the City. Since the 2010 version of the Program, dispute resolution services by the City have been modified to be available at the option of the City and then only if the issue involves a Model Lease provision. This change has reduced the amount of funds spent by the City on managing the program.

The goal of the Lease Program has been to encourage stability in the rental rates and to avoid sharp rate increases. A copy of the 2024 data provided by the participating mobile home park owners is attached (Attachment “C”) for review. The data shows that usage of the Model Lease varies but it is commonly used in the parks that participate in the program. As with prior reports the data indicates that rental rate increases have remained steady without the large spikes that the Standardized Lease Program was intended to avoid.

Currently five of the ten mobile home parks in Visalia participate in the program. With the changes in the current version, if approved, then City staff would send the revised version to the remaining parks in the City to determine if they would be interested in participating. It is unlikely these parks will want to participate, but since residents in the non-participating parks have not sought to have rent control imposed, pursuing a rent control ordinance would not be recommended if participation in the Standardized Lease Program can continue to cover a large portion of mobile homes in the City.

State Rent Control Law and Mobile Homes
It should be pointed out that mobile homes remain largely exempt from statewide rent control laws. In 2019, AB 1482 passed in California. This law mandated a form of statewide rent control largely limiting annual rent increases to five percent plus the applicable cost of living, or ten percent, whichever is less. Mobile homes are not subject to AB 1482. A measure to include mobile homes under this law was proposed in 2020 but was not passed.

A modification to include certain mobile homes, (AB 978) was passed in 2021 that limited rent increases to no more than three percent, plus the applicable cost of living or five percent, whichever is less, but it only applies to mobile home parks that are located and governed by the jurisdictions of two or more incorporated cities. AB 978 does not apply to any mobile home parks in Visalia.

Changes to the 2025 Model Lease
The 2020 Model Lease included a significant change allowing Park Owners to “pass through” qualifying costs for improvements or significant repairs in the parks. Park Owners requested this change in part because of the age of mobile home parks in Visalia and concerns over the remaining operational lifespan of park improvements. No modifications to the pass-through requirements that were approved in 2020 have been proposed. One Park Owner has indicated that they think the amount eligible for pass-through should be raised from the current limits, but they have not requested any changes as of this report. Park Residents are opposed to increases.

For the 2025 version of the Model Lease, the Park Residents requested several modifications: (1) Visalia City Council Printed on 4/4/2025Page 3 of 5
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For the 2025 version of the Model Lease, the Park Residents requested several modifications: (1) Residents sought to cap or install a flat rate for increases upon the sale or transfer of a mobile home. (2) Residents requested Park Owners provide the amount of the new monthly rent to Park Residents, or their heirs, that are selling the mobile home. (3) Park Residents requested that their heirs be able to assume their interest in the Model Lease, after a change in ownership of the mobile home to the heirs.

Park Owners had concerns with the requests to cap increases on the sale or transfer of a mobile home and having a blanket rule allowing heirs to assume the Model Lease. Park Owners have noted that rates and expenses can change over time, and they would not agree to a flat rate for increases on mobile home sales. Park Owners rejected this request by the Park Residents.

The Model Lease also already allows certain heirs, if they already reside in the mobile home to assume the Model Lease without a rental increase upon the death of a Park Resident. (See Model Lease Section 3.4, although this provision has been modified to allow a surviving spouse already residing in the mobile home to assume the current Model Lease this new exception should only apply in limited instances where the surviving spouse was not already listed as a tenant in the Lease.) In addition, some parks have specific requirements for residency and a blanket rule allowing heirs that are not residents to assume leases could violate residency terms. Park Owners also rejected the request to allow heirs to automatically assume the terms of an existing Model Lease.

Park Owners did agree to include terms in the Model Lease that allow for residents (or heirs/estate administrators) that are selling the mobile home to request the new rental rate that would apply after the sale from the Park Owner. (See Model Lease Section 17.2.) This change was requested since Park Owners typically adjust rental rates upon the sale or transfer of a mobile home and questions about the potential new rate are raised when mobile homes are put on the market. Concerns over the lack of a specific process to request the new rate have been raised by Park Residents that need to consider different living arrangements or are concerned about their heirs being able to quickly resolve their estate. The proposed language is intended to address those concerns.

Preliminary comments from Park Owners and Park Residents indicate an agreement with the proposed 2025 Model Lease and MOU. It is possible that some additional comments will be received but based on current feedback received the draft agreement seems acceptable to both sides, if the Park Owners agree to respond, within a reasonable time, to requests for updated space rental amounts from Park Residents that must sell their mobile homes.

Fiscal Impact:

Unknown, although fiscal impacts to the City under the 2010 and 2015 Agreements were minor.

Prior Council Action:
● May 6, 2019 - Authorized City staff to renegotiate Agreement on terms similar to 2015 Agreement. ● May 17, 2021 - Council reviewed the draft 2020-2024 Standard Lease Agreement and provided directions for modifications to provide limitations on the proposed pass-through capital repairs. ●June 21, 2021 - Council approved the proposed 2020-2024 Standard Lease Agreement.

Other: N/A
Alternatives: 1. Direct staff
to continue negotiations, although the current program ends in June 2025. 2. Terminate program.

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Recommended Motion (and Alternative Motions if expected):

I move to approve the 2025 Standardized Lease Agreement and authorize the City Manager to execute a final version with all mobile home park owners that will agree to participate in the program and offer the 2025 Model Lease to residents.

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

Attachment A - 2025 Standardized Lease Program Agreement Attachment B - 2025 Model Lease Agreement
Attachment C - 2024 Visalia Mobile Home Park Rental Rate Report Visalia City Council Printed on 4/4/2025Page 5 of 5
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City of Visalia and Visalia Mobile Home Park Owner

2025 Standardized Lease Program Agreement

The following mobile home parks owners within the City of Visalia, Gold Star Mobile Home Park/2120 S. Santa Fe LLC, Sierra Vista Mobile Home Park, Westlake Village Mobile Home Park/2400 W Midvalley LLC, Visalia Mobile Estates, Country Manor, Rancho Robles, ____________________________________ ____________________________________________________________ (referred to as “Park Owners” or “Park Owner” in this Agreement) and the City of Visalia agree that continuing the standardized lease program will provide stability to rental rates and hereby agree to the following:

1. The parties agree that this Standardized Lease Program Agreement will supersede the terms of the 2020 MOU and the obligations of the parties participating in the 2020 MOU will be extinguished and replaced with this Agreement upon signing.

2. It is understood and agreed that the 2025 Master Long-Term Lease Agreement (“2025 Model Lease” or “Lease”) attached hereto as Attachment 1 shall be offered to those tenants that are on the 2020 Master Long-Term Lease when those 2020 Leases expire. Unless otherwise modified in writing by mutual agreement between Park Owner and Homeowner (meaning the residents in the mobilehome parks that own or reside in the mobilehomes) under Paragraph 29 of the 2025 Model Lease then all 2025 Model Leases shall have an end date of June 1, 2030.

If a Park Owner and Homeowner decide to extend the term of a Model Lease beyond the term of this Agreement, June 1, 2030, then Park Owners agree to state in writing in the lease extension that any required or optional duties of the City in this Agreement or in the Model Lease terminate on June 1, 2030 unless otherwise extended. Park Owner agrees to provide City with a copy of any addendum, extension, or amendment to the Model Lease and shall specifically state in any addendum, extension, or amendment that the document is not part of the Model Lease Program between the Park Owner and City.

3. The terms contained in the Lease must be offered to Homeowners of the mobile homes in the mobile home parks in the City of Visalia pursuant to the terms and conditions stated in this Agreement. In addition to the terms provided pursuant to this Agreement, the Park Owners may include additional terms that are applicable to each specific park. The City must review and approve these additional terms prior to their inclusion in the Lease.

3.1 Annual Rent Adjustment Floor and Ceiling – All Leases entered into under this Agreement must have the same Annual Rent Adjustment as required by this Agreement. The Annual Rent Adjustment for all leases shall be the Federal Social Security Act Cost of Living Adjustment (“Social Security COLA”) for the prior year subject to the following provisions. The Owner may adjust the rent at least three percent (3%) if 539

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the Social Security COLA increase is less than three (3%) but the Owner may not adjust the rent more than seven percent (7%) per year if the annual Social Security COLA increase is more than seven percent (7%).

Rent increases are not required by this provision.

3.2. Voting Requirements for Capital Improvements Subject to Pass Through – Park Owners agree that the process specified in the Model Lease for the approval of Capital Improvements (defined as any new substantial physical change to the common area of the mobile home park) shall be followed throughout the park if they intend to pass through a charge of Capital Improvements. Park Owner shall prepare a description of the proposed improvement and best available estimate of cost that would apply to each space in the park and present these figures to all mobile home residents with a written ballot. All mobile home spaces with current tenants that own their mobile home and lease the underlying space are entitled to vote on whether to implement the Capital Improvement. In addition, in those parks that allow recreational vehicles, residents living in a recreational vehicle and that qualify as a “resident” under Civil Code section 799.31 would be entitled to vote on Capital Improvements. A majority of the current park residents that own their mobile homes are required to submit ballots approving the Capital Improvement in order for it to be implemented. Mobile homes spaces with mobile homes that are owned by the Park Owner are not included for voting purposes.

3.3. Division of Pass Through Amounts for Capital
Improvements/Capital Replacements – Pursuant to the Lease the Park Owners are required to be solely responsible for an amount equal to five hundred dollars per space in the Park before being able to pass through any allowed Capital Improvement or Capital Replacement under the Lease. This amount is referred to as the “Absorption Amount.” Park Owners agree that the term “space” in the park for purposes of calculating a rental adjustment shall refer to all spaces that are in the park, whether they are being rented on a short or long term basis and whether the space is occupied by a mobile home, is currently vacant, occupied by a recreational vehicle, or by a mobile home owned by the Park Owner.

Nothing in this agreement requires a Park Owner to allow recreational vehicles if they are not otherwise permitted in the park.

The amount of project costs that can be collected through a pass- through charge from park residents over time with the monthly space rent shall be limited to a not to exceed a total amount of $500,000 for Capital Replacement projects. Capital Replacement project costs above this amount are the sole responsibility of Park Owners except that if the entire $500,000 limitation is used and a qualifying Capital Replacement project occurs during the five-year term of this agreement, then up to an additional $250,000 of that project (after the Absorption Amount) may be eligible for collection through a pass through.
540

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There is no limitation on the amount of project costs subject to pass- through on a Capital Improvement project approved under Section 3.2 of this Agreement.

Capital Replacement projects shall not be divided or phased in a manner that results in multiple projects.

After the amount subject to reimbursement as a pass-through amount from a Capital Improvement or Capital Replacement project is calculated it shall be divided between the spaces in the Park and repaid over time as described in the Model Lease. The maximum amount for pass through collection shall not exceed twelve (12) years.

4. Park Owners may offer alternative lease forms but must indicate, in writing, to every Homeowner, that the Lease negotiated pursuant to this Agreement between the Park Owner and the City in lieu of a rent control ordinance exists. In addition, Park Owners must provide each Homeowner with a copy of the 2025 Master Lease and the contact information for the person named by the City as the point of contact concerning the Lease. City agrees that it will provide educational information to Homeowners about the terms and conditions of the 2025 Master Lease upon request.

5. The term of this Agreement shall continue for five (5) years.

Parties agree that all Leases entered into under the terms of this Agreement shall terminate on June 1, 2030 or as otherwise agreed to between the parties to that Lease. The duties under this Agreement shall terminate on June 1, 2030.

City and Park Owners agree to begin meeting to discuss whether to extend, modify, or terminate this Agreement by June 1, 2029. City will also seek input from Homeowners that reside in the participating parks in 2029 on whether they feel the Model Lease Program should be extended, modified, or terminated. A decision is not required by that date.

6. The Model Lease shall be offered to all existing Homeowners that are not otherwise parties to a lease agreement once per year. The Model Lease shall also be offered to Homeowners with expiring leases no later than forty-five (45) days prior to the expiration of their lease.

Homeowner that are on month-month leases or otherwise eligible to enter into a new lease agreement shall be able to request a Model Lease with the Park Owner at any time they are eligible to enter into a new lease agreement. Park Owner agrees that upon such request they will enter into a Model Lease with the Homeowner.

7. Park Owner agrees to document when the Lease was offered to any new Homeowner or to any Homeowner with an expiring lease. The documentation form will request the Homeowner sign and date the form indicating they were offered the Lease by the Park Owner. It shall not be necessary to list whether the Lease was signed. The form must also be signed 541

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and dated by the Park Owner’s representative. All persons signing the form shall also print their name and provide a mailing address. If the Homeowner refuses the sign the form, then the Park Owner’s representative shall print the name of the Homeowner and indicate the refusal to sign.

Individual Homeowners may request a copy of any document that they sign or was signed by the Park Owner representative if the Homeowner refused to sign it. This request by the Homeowner may be made at any time.

Park Owner shall maintain the documentation form in case of any disputes concerning whether the Model Lease is being offered to new Homeowners or Homeowners with expiring leases. If there is such a dispute, then the documentation may be made public at the request of the Homeowner.

8. Each Park Owner must post a copy of the Lease in public view for all Homeowners to see with a notification that Homeowners may contact the City with any questions.

9. Park Owners agree to supply City with the contact information for their mobile home park managers and to update this list within thirty days of any changes in management.

10. Every Park Owner shall file an annual mobile home park registration statement to the City no later than February 1, of each year. The registration statement shall include the number of mobile home spaces within the park at the end of the year; the number of spaces that were being rented at the end of year; the number of spaces that were being rented pursuant to a Lease at the end of the year; a description of each charge, including utilities, not included in space rent that are billed to Homeowners by Park Owners; the name and address to which all required notices and correspondence to the Park Owner may be sent.

The annual registration statement shall, for each mobile home park within the City of Visalia, include a spreadsheet listing the highest and lowest space rent in the park (to the nearest $25.00) and the number of units that fall between those two levels in $25.00 increments. For example, assuming a park with 55 spaces, lowest rent $380, highest rent $515, and the remaining spaces falling in between those ranges, a breakdown might look as follows:

Rent Range Number of
Spaces
$376-$400 5
$401-$425 15
$426-$450 15
$451-$475 10
$476-$500 7
$501-$525 3

542

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11. All the terms, covenants, and conditions of this Agreement shall inure to the benefit of and be binding upon the successor and assigns of the parties hereto.

12. Park Owners agree that all transfers of a mobile home park by the Park Owners shall include a condition stating that the new Owner is bound to the terms of this Agreement. Upon the sale or transfer of a mobile home park, the seller or transferor shall notify the City of the sale or transfer and of the name and address of the buyer or transferee. Within thirty (30) days following the sale or transfer of a mobile home park, the buyer or transferee shall register with the City and provide the information described above.

An Park Owner may terminate this Agreement if one of the following occurs to it: (i) upon the institution by or against that Park Owner of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of that Park Owner’s debts, (ii) upon that Park Owner making an assignment of a mobile home park in the City of Visalia subject to this Agreement for the benefit of creditors, or (iii) upon that Park Owner’s dissolution or ceasing to do business. If a Park Owner terminates this Agreement under this subsection, then this Agreement still continues with the remaining Park Owners and the City.

13. When disputes under Leases arise, each party to this Agreement agrees to participate in the dispute resolution process as described in the Lease. The parties acknowledge that is in the sole discretion of the City to fund the ombudsman position that would act as a mediator in any disputes. If the City is not funding the ombudsman position, then the City is not required to be involved in the dispute resolution procedure in the Master Lease.

14. To the extent any of the provisions of this Agreement are not met, any party to this Agreement may initiate appropriate action to seek compliance, including injunctive relief. Prior to initiating action, a party shall attempt to meet and confer with the party alleged to be in violation to resolve the matter.

The prevailing party shall be entitled to recover costs and reasonable attorney’s fees expended in enforcing the terms and conditions of this Agreement.

14.1 The parties agree that as liquidated damages for willfully failing to provide the annual mobile home park registration statement to the City, the Park Owner shall pay the City $25 per day. This amount begins to accrue five business days after the date the Owner is required to provide the information to the City.

The liquidated damages described above only apply to willful failures of a Park Owner to provide the annual mobile home park registration statement to the City. The liquidated damages provision does not apply to any other violations of this Agreement or to violations of any Model Lease term.

15. Any notice to be given to either party under the terms of this Agreement, shall be written and served either by personal delivery or by first 543

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class mail, postage prepaid, addressed as follows:

City of Visalia
707 W. Acequia
Visalia, CA 93291

Mobile Home Park Owners

2120 S. Santa Fe LLC
3250 Wilshire Blvd., Suite #1918
Los Angeles, CA 90010

2400 W. Midvalley LLC
3250 Wilshire Blvd., Suite #1918
Los Angeles, CA 90010

Richmond Management
15750 Arroyo Drive #188
Moorpark, CA 93201

Visalia Mobile Estates
Northwind Properties LTD
1654 The Alameda #100
San Joes, CA 95126

Sierra Vista LLC
22880 Savi Ranch Parkway
Yorba Linda, CA 92887

16. It is the intent of the parties to this Agreement that its terms and conditions be enforceable and shall supersede all prior Agreements. This Agreement contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Agreement has been or is relied upon by either party. Each party has relied on his own examination of this Agreement, counsel of his own advisors and the warranties, representations, and covenants in the Agreement itself.

17. If any provision of this Agreement is held invalid or unconstitutional, such decision shall have no effect on the validity of the remaining provisions of the Agreement, and such remaining provisions shall continue to remain in full force and effect.

18. Notwithstanding any of the provisions of this Agreement, the parties may hereafter, by mutual consent agree to modifications herein or additions hereto in writing which are not forbidden by law.

19. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement on behalf of the entity that he or she represents. Each party represents and warrants to the other that the execution and delivery of the 544

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Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.

The following parties have executed this Agreement:

City of Visalia Mobile Home Park Owners

__________________________________
City Manager Date

2120 S Santa Fe LLC

______________________________________
Name_____________________ Date
Title_____________________________
Attest:

____________________________________
Deputy City Clerk Date

Sierra Vista LLC

______________________________________
Name_____________________ Date
Title_____________________________

Approved as to Form:

___________________________________
City Attorney Date

2400 W Midvalley LLC

______________________________________
Name_____________________ Date
Title_____________________________

___________________________________
Risk Manager Date

Visalia Mobile Estates

______________________________________
Name_____________________ Date
Title_____________________________

Rancho Robles

______________________________________
Name_____________________ Date
Title_____________________________

545

2025 Visalia Master Long Term Lease Agreement

THIS AGREEMENT WILL BE EXEMPT FROM ANY ORDINANCE, RULE,

REGULATION OR INITIATIVE MEASURE ADOPTED BY ANY LOCAL

GOVERNMENTAL ENTITY, WHICH ESTABLISHES A MAXIMUM AMOUNT THAT A LANDLORD CAN CHARGE A TENANT FOR RENT.

This Agreement is made and entered into this _________ day of ________, 202__, by and between the management of _____________________________ Park (hereinafter the “ Park Owner”) and those persons listed on the last page of this Long Term Lease Agreement (hereinafter “Model Lease” or “Agreement”) as the Homeowner (hereinafter the “Homeowner” or “Resident”) for Space No. _________, located at _________________________________________________________ _____________________________________________________________________________.

Homeowner shall have at least 30 days to review this Agreement. This Agreement may be cancelled within 72 hours after Homeowner is in receipt of a fully executed copy of the Agreement by written notification to the Park Owner. (Termination must be in compliance with state law requirements stated in Cal.

Civil Code Sections 798.55-798.62.)

1. Specific Information.

1.1 Homesite Park Owner rents to Homeowner, and Homeowner rents from Park Owner, Space No. ___________ (hereinafter the “Homesite”) located at the above listed Park Address.

1.2 Term The tenancy created under this Agreement shall commence on __________, and terminate on June 1, 20 25, unless sooner terminated in accordance with the terms of this Agreement.

1.3 Anniversary Date The Anniversary Date of this Agreement shall be annually on the first day of the month following execution of this Agreement, unless specifically noted otherwise on the line below:

Optional: If indicated in this provision, the Park Owner and Homeowner have agreed to s pecify an Anniversary Date that will be applied throughout the term of this Agreement, as the Rent Adjustment Date, __________________________.

1.4 Rent

Beginning Monthly Base Rent: $ ____________________ per month Late Rent Charge $______________ per month
Check Handling Charge $______________ per month
Vehicle Storage Charge $______________ per month
Guest Charge $______________ per month

Other __________________ (describe) $______________ per month 546

Other __________________ (describe) $______________ per month

Total $______________ per month

1.5 Park or providers shall furnish the following circled utilities without separate charge:

Water

Trash Removal
Service

Electricity

Telephone
Sewer/
Sanitation
Natural Gas Basic Cable
Television
Premium Cable
Television
Other -

1.6 Park shall separately bill Homeowner for the following circled utilities:

Water

Trash Removal
Service

Electricity

Telephone
Sewer/
Sanitation
Natural Gas Basic Cable
Television
Premium Cable
Television
Other -

1.7 Homeowner shall contract with the appropriate utility company or provider and pay directly for the following utilities and for all other utilities as required by Park Owner

Water

Trash Removal
Service

Electricity

Telephone
Sewer/
Sanitation
Natural Gas Basic Cable
Television
Premium Cable
Television
Other -

2. DEFINITIONS

2.1 “Park Owner” includes, but is not limited to, the owners of the Park (including the Park Owner’s partners, directors, representatives, officers, employees, and agents) and the management of the park. Where appropriate the term “Park” as used herein, is also synonymous with “Park Owner.”

2.2 “Homeowner” is a person who has a tenancy in a mobilehome park under a rental agreement but may also refer to a Homeowner or other person who lawfully occupies the mobilehome, and this Agreement may sometimes utilize the term “Resident.” All other persons, including but not limited to, prospective homeowners, purchasers, or those persons who have not been approved for tenancy by the Park, have not closed escrow or have not transferred title on the mobile home occupying the Homesite shall not be deemed a Homeowner or Resident.

2.3 “Guests” includes all of the Homeowner’s agents, employees, persons sharing the Homesite pursuant to Civil Code Section 798.34(b), invitees, permittees, 547

licensees, or other persons in the Park or on the Homesite at the invitation, request or tolerance of Homeowner. The t erm “Guests” also includes any Resident who does not have an ownership interest in the Homesite.

2.4 “Park Facilities” means those services and facilities of the Park generally available to Homeowner(s) and their Guests

2.5 “Homesite” means the real property rented to Homeowner by Owner. The boundaries of the real property rented to Homeowner shall be the lesser of either (1) the lot lines as determined by a governmentally approved survey, or by a recorded plot plan, or (2) the apparent physical boundaries of the Homesite as they exist at the time this Agreement is entered into.

2.6 “Mobilehome Residency Law” means those provisions of the California Civil Code §§ 798 through 799. 12, known as the “Mobilehome Residency Law .” A notice containing relevant provisions is attached hereto as an exhibit to this Agreement in compliance with Civil Code Section 798.15.

2.7 “Park Owner’s approval,” “approval of Park Owner, “Park Owner’s consent,” “consent of Park Owner,” or other similar terms as used in this Agreement or in the other documents referred to in this Agreement, means that the Park Owner’s prior written approval must have been obtained by Homeowner before Homeowner commences any such action requiring Park Owner’s approval. If Park Owner’s prior written approval is required in this Agreement for a proposed action to be taken by the Homeowner, Homeowner shall in such case, first submit to Park Owner a written request which describes the action Homeowner proposes to take. The written request shall state that it seeks prior written approval of Park Owner for such proposed action. The Park Owner shall give or refuse approval in writing and shall not unreasonably withhold such prior written approval.

2.8 “Capital Improvement” means any new substantial physical change to the common area of the mobile home park, such as the construction of a new swimming pool where none existed before.

2.9 “Capital Replacement” means the replacement or major repair of any existing common area improvement in the mobile home park with the same type of common area improvement of similar quality. Replacement of a common area improvement with an improvement of higher quality shall be a Capital Improvement unless the improvement needs to be of higher quality in order to comply with applicable law, in which limited instance it will be considered a Capital Replacement. Ordinary maintenance activities or minor repairs of common area improvements (see Section 8 for applicable repair cost threshold) do not constitute a Capital Replacement.

2.10 “Comparison Period” means the twelve (12) month period ending prior to the month in which the rent increase notice is given.

2.11 The definitions set forth in subparagraphs 2.1 - 2.10 shall apply unless the context indicates that a different meaning is intended. 548

3. RENT

3.1 Homeowner shall pay as rent to Park Owner, without deduction or offset, on the first day of each month:

A. The Rent (as it may be adjusted as defined and specified in paragraph

3.2 below.

B. All utility charges billed to Homeowner by Park Owner during each month. (Please note: Utility rates for utilities billed to Homeowner by Park Owner are set by the Public Utilities Commission and other governmental agencies.

Therefore, charges and other related costs for these utilities and services may be increased at any time in accordance with the rates established by these other parties, and no advance notice of increases in these rates will be given to Homeowner by Park Owner.)

C. Charges for recreational and other extra vehicles that may be stored subject to the fees imposed by the Park’s Storage Agreement that can be obtained from Park Owner.

D. Guest charges listed in paragraph 1.4 above shall be assessed for each calendar month or any portion thereof for each Guest who has stayed more than a total of twenty (20) consecutive days or a total of thirty (30) days in any calendar year. Such gues t fee shall commence the day after a Guest has exceeded the grace time specified in the preceding sentence and shall be payable in full for each calendar month or portion thereof. This additional charge for Guests shall not, however, apply if the Guest is a member of Homeowner’s immediate family as defined by the Mobilehome Residency Law or if the person occupies the Homesite pursuant to Civil Code §798.34.

E. Guest fees, charges for vehicle storage and charges for utilities not regulated by the Public Utilities Commission or other governmental agencies may be increased upon ninety (90) days notice to Homeowner. (Please note: It is Park Owner’s intention to increase such amounts only on an annual basis, if at all, unless otherwise necessary.)

3.2 Base Rent: The Base Rent shall be the amount specified in paragraph 1.4 above and shall remain in effect for the first year of the Lease or until the specified Anniversary Date, or “Rent Adjustment Date” specified in this Lease. (Ninety (90) day notice shall be required for all rent increase s.) The Base Rent for all Homeowners that have been residing within the Park shall be equal or less than their last monthly rent, subject to potential annual adjustment according to the formula stated in the 20 25 Standardized Lease Program Agreement. This increase may be waived by the Park Owner. For new Homeowners, the Park Owner shall set the Base Rent.

Upon the Anniversary Date as specified in paragraph 1.3 above, whereupon the base monthly rent then in effect shall be subject to the following annual increases: (All rent increases will take effect on Homeowner’s Anniversary Date, 549

except for property tax rent adjustments, which may take effect on ninety (90) days advance written notice when incurred by management and increases to the City of Visalia Standardized Lease Program charge, which shall take effect on May 1, if the Homeowner has received at least ninety days notice of any increases.)

Monthly rent will incr ease in accordance with the 20 25 Standardized Lease Program Agreement, on the applicable Rent Adjustment Date. (See A ttached 2025 Standardized Lease Program Agreement.)

3.3 Government Required Costs: On each Rent Adjustment Date, monthly rent may be adjusted for increased costs for government required services (as defined below) on an item by item basis for the 12 month period ending four (4) months prior to the Rent Adjustm ent Date. The total costs of all government required costs services (as defined below) on an item-by-item basis for the 12 month period ending 4 months prior to the Rent Adjustment (Anniversary date) or each _________________ (insert date if applicable) are compared to the total costs for the prior 12 month period. If any government required services has been instituted or increased during the latest 12 month period, the Monthly Rent shall be increased by such amount, divided by 12 and prorated among the number of spaces in the Park. “Government Required Costs” means “any new, additional, or changed services facilities or costs which the owner is required by the government to provide or pay, including without limitations, fees, bonds, assessments, taxes, charges, or other costs or expenses. However Government Required Costs occurring on a temporary or “one-time” basis shall not become a part of the Base Rent but shall instead be subject to the above described prorated formula and shall be billed to Resident monthly and shown separately until such costs are satisfied, at which time such billing shall cease. Fees or rent increases shall not include any costs court assessment, fine, money damages, awarded by a court or an enforcement agency that are prohibited by Civil Code Section 798.39.5

3.4 Increase on Sale: Effective upon sale of a mobilehome the Park Owner may increase the monthly Base Rent without limitation to the assuming new purchase. However, such increase shall not apply if the mobilehome is acquired through an inheritance from the mobilehome owner who was a spouse, parent or grandparent of the transferee and transferee actually occupies the mobilehome as a primary residence after approval by the ma nagement under purchaser approval requirements of this Agreement.

3.5 All rent payable hereunder shall be paid by check or money order. If the rent is not paid to the park management office by 5:00 p.m. on the sixth (6 th) day of the month, the late charge specified in paragraph 1.4 above shall be charged to cover Park Owner’s costs for additional accounting and collections expense.

Additionally, the handling charge specified in paragraph 1.4 above shall be required for all checks returned by the bank due to insufficient funds in the Homeowner’s account for any other reason. The acceptance by Park Owner of any late payment shall no t constitute a waiver of any breach or any term of provision of this Agreement, or any rule, regulation, term or provision contained in any document referred to in this Agreement, nor shall it reinstate, continue or extend the term of this Agreement, or affect any notice, demand or suit 550

hereunder. Late charges and returned check handling charges may be increased upon ninety (90) days notice to Resident.

4. UTILITIES.

Pursuant to current Mobile Home Residency Law Park Owner shall provide and separately bill to Homeowner the utilities circled in Section 1.6 above, and on a monthly basis, Park Owner shall post those utility bills and rate schedules as required in Civil Code Section 798.40. Applicable utilities are described below:

A. Natural gas and electricity: The rate Park O wner shall charge Homeowner for natural gas and electricity usage shall equal rates established by the Public Utilities Commission.

B. Water: The rate Park Owner shall charge Homeowner for water usage shall equal the rate charged by California Water Service Company for water supplied to a single-family residence. Such rate structure may include a minimum monthly service charge.

C. Sewer/Sanitation Service: The amount owner shall charge Homeowner for sewer/sanitation service to a single-family residence. Such rate structure may include a minimum monthly charge.

D. Trash Removal: Park Owner shall charge Homeowner for trash removal the amount billed to Park Owner by the trash removal company, prorated among the number of spaces in the park.

E. Basic cable television and other television services: Park Owner shall charge Homeowner for basic cable television or other television services by the amount determined by the television service provider.

F. If owner receives any notice concerning the cost of any of the utilities and/or services listed in Paragraph 1.6 above, Park Owner shall provide Homeowner such information within 30 days of Park Owner’s receipt of such notice.

G. Park Owner shall provide without separate charge to Homeowner for the utilities and services circled in Paragraph 1.5 above. Park Owner may, upon 60 days notice to Homeowner, elect to charge Homeowner for any of the utilities, which have previously been provided to Homeowner without separate charge.

H. In the event the Park does not submeter water service at the beginning of the term of this Lease and during the term of this Lease the Park Owner elects to submeter water and separately charge Homeowner for the water Homeowner uses, the rate Park Owner shall charge shall equal the rate structure used by the California Water Service Company to a single family residence. Such rate structure may include a minimum monthly charge. Furthermore, in the event Park Owner elects to submeter the water the base monthly rent paid by Homeowner shall be reduced by an amount equal to eighty percent (80%) of the 551

Park’s average monthly water bill during the last twelve (12) months for water service to the Park, prorated over the number of spaces in the Park.

I. In the event the Park Owner elects to separately bill for any other utility or service currently included in the base rent , the Park Owner shall reduce the base monthly rent paid by Homeowner by an amount equal to the fees and charges existing at the time the Park Owner initiated separate billing.

J. Homeowner shall contract with the appropriate utility company or provider and pay directly for all utilities and/or services circled in paragraph 1.7 above, as required by Homeowner.

K. Park Owner shall not be liable for any los or injury, and Homeowner shall not be entitled to any abatement or reduction of rent by reason of Park Owner’s failure to furnish any of the foregoing utilities when failure is caused by accident, breakage, repairs, strikes, or other labor disputes or by any other cause, similar or dissimilar, beyond the reasonable control of Park Owner. Homeowner shall not connect, except through existing electrical or natural gas outlets or water pipes on the Homesite, any apparatus or device for the purposes of using electric current, natural gas, or water.

5. EXEMPTION FROM RENT CONTROL

Homeowner understands and acknowledges that, by the offering of this Agreement, Homeowner’s Homesite is removed from the jurisdiction of any rent control ordinance, rule regulation, or initiative measures which is either currently in effect or which may be adopted by the City of Visalia during the term of this Agreement.

6. HOLDOVER TENANCY

If Homeowner remains in possession of the Homesite after the expiration of the term of this Agreement and has not executed a new occupancy Agreement with respect to the Homesite, said possession by Homeowner shall be deemed a month-to-month tenancy, and Park Owner may terminate or refuse to renew Homeowner’s tenancy in accordance with Paragraph 14 of this Agreement.

Notwithstanding anything contained in this Agreement to the contrary, Park Owner may also, upon ninety (90) days notice to Homeowner increase the Base Rent then in effect and other charges of the Park to the Homeowner who is holding over.

7. RESPONSIBILITY OF THE PARK

7.1 It is the responsible of the Park Owner to provide and maintain the physical improvements in the common facilities of the Park in good working order and condition. Park Owner shall provide all of the physical improvements and services which are now in existence in the Park and provided to Homeowners or which may be added at a later date. The physical improvements include the non- exclusive use of all streets, non-restricted parking areas, all recreational facilities and equipment, pools, lawns, laundry facilities and all other facilities for the use 552

by Homeowners. These services include the services provided by the Park Owner and other persons employed by the Park and the utilities specified in this Agreement. (Please note: Furniture and equipment that belong to Homeowner’s clubs, associations or other organizations services provided by the Homeowners or such organizations, are not the responsibility of the Park to maintain.) The physical improvements of the Park are as follows:
____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

7.2 The clubhouse, if provided, will be kept well ventilated as required by law, but the heating system and cooling system will not be operated on a constant basis in order to conserve energy. Rather, heating and/or cooling will be turned on as required to maintain reasonable temperature levels.

7.3 The park may, upon the giving of lawful notice, amend, delete, add or modify any of the services or facilities provided, pursuant to all applicable laws.

7.4 Management shall have a reasonable period of time, with respect to the physical improvements in the common facilities, to repair the sudden or unforeseeable breakdown or deterioration of these improvements and bring the improvements into good working orde r and condition after management knows or should have known of the breakdown or deterioration. The period of time to do so shall not exceed thirty (30) days except where exigent circumstances justify a delay, or otherwise as specified by the Mobilehome Residency Law, as it may change from time to time. Such repairs or other appropriate action shall be accomplished as soon as possible in the event of any condition that may relate to health and safety.

8. CHARGES FOR CAPITAL IMPROVEMENTS AND CAPITAL

REPLACEMENT

8.1 No rental adjustment will be based upon the construction, of any individual Capital Improvement during the term of this Agreement unless the new Capital Improvement has been approved by the Park Owner and approved in writing, by ballot, of a majority (more than 50%) of the current Park Residents, one vote per space in the park . The term “space” in the park for purposes of voting on and calculating a rental adjustment shall refer to all spaces that are in the park, whether they are being rented on a short or long term basis and whether the space is occupied by a mobile home, is currently vacant, occupied by a recreational vehicle, or by a mobile home owned by the Park Owner. In the event that the Capital Improvement is proposed by the Park Owner but not approved by a majority of the Park Residents, then the rent shall not be adjusted if the Capital Improvement is installed. Rents shall be adjusted in the manner described below for Capital Replacements. Capital Improvements below the listed amount for Capital Replacement adjustments shall not be charged to Park Residents. The Park Owner shall not be required by this Agreement to install any Capital Improvements.

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8.2 In any Comparison Period, an amount equivalent to five hundred (500) times the number of existing spaces in the park (five hundred dollars ($500) per space) for any Capital Replacement or approved Capital Improvement project shall be absorbed by the Park Owner (“Absorption Amount”). Public subsidies, if applicable, shall also be applied. After that and provided that Resident has received advance written notice of a rent adjustment per this Agreement, from the Park Owner of the Park Owner’s intent to make an approved Capital Improvements or a Capital Replacements exceeding the Absorption Amount, the Base Rent then in effect may be increased by an amount equal to the total cost of each approved Capital Improvements or each qualifying Capital Replacement project made by the Park Owner during the Comparison Period, minus the Absorption Amount, divided by the number of spaces in the Park, and further divided on a monthly basis over the applicable amortization period. For Capital Replacement projects the maximum amount that may be passed through to park residents shall not exceed $500,000 prior to being divided by the number of spaces in the Park and then this maximum amount of $500,000 shall be further divided on a monthly basis over the applicable amortization period. If during the term of this Lease, the $500,000 limitation on pass throughs for Capital Replacement projects has been reached and a qualifying Capital Replacement project occurs, then up to an additional $250,000 of that project (after the Absorption Amount) is eligible to be collected through a pass-through.

There is no limitation of pass through on an approved Capital Improvement.

Capital Replacement projects shall not be divided or phased in a manner that results in multiple projects.

The amortization period for approved Capital Improvements and Capital Replacements shall be at least five (5) years or the life expectancy of the Improvement/Replacement as provided by federal tax rules limited by the terms of this Agreement, as the federal tax rules for the depreciation and amortization of assets existed prior to the effective date of the Tax Cuts and Jobs Act of 2017 unless a longer period applies under current federal tax laws, whichever is a longer period of time, or an amount of time mutually agreed upon by the Park Owner and Resident. In no instance shall the amortization period exceed twelve years. The Park Owner shall be entitled to receive interest on the unamortized balance calculated by utilizing the average yield of the thirty-year U.S. Treasury bond for the prior year, plus three percent (3%). This allowed interest rate may not exceed the percentage allowed to the Base Rent under this lease for the year prior to the Capital Replacement. The applicable interest rate is only factored when the applicable pass-through charge is calculated for the Capital Replacement.

All rent increases based on approved Capital Improvements and Capital Replacements shall be separately itemized on the rent bill and shall show the date the rent increase shall end. In addition, prior to any rent adjustment the Park Owner shall provide a description of the approved Capital Improvement or the Capital Replacement project and make copies of all applicable project costs, invoices, and applicable depreciation schedules available for review upon request by any Park Resident prior to the rent adjustment occurring. 554

This Lease and the division of maintenance costs in the park and rental costs increases are subject to applicable state law requirements, including but not limited to Civil Code section 798.37.5 which mandates that park management shall be solely responsible or the trimming, pruning, or removal of trees in the common area and solely responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of all driveways installed by park management unless such damage is caused by an act of a homeowner or an act in breach of the homeowner’s responsibilities. These items are not subject to pass-through provisions under applicable state law.

9. INCORPORATED DOCUMENTS

The following documents, as they may be amended, modified, or otherwise changed from time to time, as permitted by the terms of this Agreement, are attached as exhibits to the Agreement and incorporated herein by this reference; (1) California Civil Code provisions known as the Mobilehome Residency Law, (2) City of Visalia Municipal code pertaining to Mobilehome Parks (Chapter 15.52 §§

15.52.010 – 15.53.220), (3) The Park’s Rules and Regulations and any other residency document of the Park in effect, including, but not limited to, Pet Rules and Swimm ing Pool Agreement. (4) The 2025 Standardized Lease Program Agreement.

10. USE OF MOBILEHOME PARK

10.1 The mobilehomes and Homesite shall be used only for private residential purposes, and no t business or commercial activity of any nature shall be conducted thereon. This prohibition applies to any commercial or business activity, including, but not limited to, any of the following:

A. Any activity requiring the issuance of a business license or permit by any government agency.

B. The leasing, subletting, sale or exchange of mobilehomes except those permitted by Section 17 of this Agreement and Civil Code section 798.78, which contains specific rules for the heir, joint tenant, or personal representative of the estate gaining of ownership of a mobilehome through the death of the owner of the mobilehome.

10.2 At all times at least one of the persons listed on the last page of this Agreement as a Homeowner must be the legal or registered owner of the mobilehome that occupies the Homesite.

11. COMPLIANCE WITH LAWS AND RULES AND REGULATIONS

Homeowners and park managers living on-site shall abide and conform with all applicable laws and ordinances, all terms and conditions of this Agreement, the Rules and Regulations in accordance with California Civil Code Section 798.23, all rules regulations, terms and provisions contained in any document referred to in this Agreement, and said rules, regulations, terms, and provisions as may, 555

from time to time, be amended, modified or otherwise changed by Homeowner or Park Owner as permitted by the terms of this Agreement as per Civil Code Section 798.25. Any violation of these rules and regulations shall be deemed a public nuisance. Homeowner and Park Owner agree that a breach of this Agreement or any of the rules and regulations cannot reasonable or adequately be compensated in damages in an action of law, therefore, either party shall be entitled to injunctive relief, including but not limi ted to, a restraining order prohibiting Homeowner or Park Owner from continuing to breach any such rules or regulations, term, or condition, or to allow a condition violative of a rule or regulation, term or condition to exist or continue to exist.

12. PARK OWNER’S OPTION TO MAINTAIN HOMESITE

In the event Homeowner fails to maintain Homeowner’s Homesite as provided in the Rules and Regulations, Park Owner may, upon giving written notice to Homeowner, perform the required maintenance and charge Homeowner a reasonable fee for said maintenance. The written notice shall sta te the specific condition to be corrected, that Park Owner will perform the maintenance if Homeowner does not perform within fourteen (14) days of the notice, and an estimate of the charges to be imposed.

13. WAIVER OF DEFAULT

No delay or omission in the exercise of any right or remedy of Park Owner provided by this Agreement related to any default by Homeowner related to obligations provided by this Agreement shall impair any such right or remedy or be construed as a waiver. No waiver by Park Owner of Park Owner’s right to enforce any provision hereof after any default on the part of Homeowner shall be effective unless made in writing and signed by Park Owner, nor shall it be deemed a waiver of Park Owner’s right to enforce eac h and all of the provisions hereof upon any further or other default on the part of Homeowner. The acceptance of rent hereunder shall not be, or become construed to be a waiver of any breach of any term or provision of this Agreement or any rule, regulations, term or provision contained in any document referred to in this Agreement, nor shall it reinstate, continue or extend the term of this Agreement or affect any notice, demand, or suit hereunder.

14. TERMINATION OF TENANCY

This Agreement may only be terminated by Park Owner in accordance with the Mobilehome Residency Law, for example, non -payment of rent, substantial annoyance, violation of rules and regulations, etc., as permitted under Civil Code Sections 798.55-798.62.

15. TRANSFER OF OWNER’S INTEREST

In the event Park Owner transfers Park Owner’s interest in the Park, Park Owner shall be automatically relieved of any obligations hereunder which occur after the date of such transfer, provided such obligations are assumed in writing by the transferee. The purchaser of the Park must be bound by this Agreement. 556

16. TERMINATION BY HOMEOWNER

Homeowner may elect to terminate this Agreement on sixty (60) days written notice to Park Owner if one of the following occurs:

(a) All persons occupying the Homesite rented to Homeowner by this Agreement terminate their tenancy as to said Homesite and remove Homeowner’s mobilehome from the Park. Removal of the mobilehome must be done in compliance with applicable state and local law. In such event, after the sixty (60) days written notice and removal of the mobilehome this Agreement is terminated and the Homesite shall revert to Park Owner’s control. Park Owner may lease or rent the Homesite to any party on any terms Park Owner chooses; or

(b) All persons occupying the Homesite rented to Homeowner by this Agreement decide to terminate their tenancy as to said Homesite rented to Homeowner by this Agreement and sell Homeowner’s mobilehome to another party who has been approved by Park Owner for tenancy in the Park in accordance with the terms set forth in Section 17 of this Agreement, entitled “APPROVAL OF PURCHASER AND SUBSEQUENT RESIDENT.”

In the event the Homeowner dies, the heir, joint tenant, or personal representative of the estate who gains ownership of the mobilehome shall have the right to sell the mobilehome pursuant to the applicable requirements contained in the California Civil Code, including but not limit ed to Section 798.78, or other requirements in this Agreement and terminate this Agreement upon the sale of the mobilehome.

17. APPROVAL OF PURCHASER AND SUBSEQUENT HOMEOWNER

17.1 Homeowner may sell Homeowner’s mobilehome at any time pursuant to the rights and obligations of Homeowner and Park Owner under the Mobilehome Residency Law, specifically California Civil Code Section 798.74, and other applicable law. In addition, Park Owner agrees to make their standards for the approval of subsequent purchasers available to Homeowners or potential purchasers upon request and acknowledges these financial requirement standards are not confidential. If Park Owner rejects a potential purchaser of a mobilehome, then in accordance with state law, if a prospective purchaser is rejected, then the Park Owner, in writing, shall notify the Homeowner of the reason. This Agreement does not require Park Owner to provide the Homeowner with any information that might be considered confidential.

17.2 Rent of the mobile home is allowed to be increased upon sale pursuant to Section 3.4 of this Agreement. Park Owner agrees to provide Homeowner with the monthly space rental charg e that would apply following the sale of the mobilehome upon a written request by Homeower notifying the Park Owner that they intend to sell the mobilehome. Park Owner may specify the location for such requests to be sent by Homeowners and make this information available to all Homeowners. Park Owner has seven (7) business days (Monday-Friday excluding 557

federal holidays) to respond to this request by the Homeowner. Homeowner acknowledges that the space rental charge is an estimate subject to change after sixty (60) days and does not account for an modifications to utility rates included in the rental fee or any Capital Improvements/Capital Replacements that are approved pursuant to this Agreement that may occur during this period .

Homeowner may make subsequent requests for information following the expiration of this sixty (60) day period by providing additional requests and support that the mobile home is still listed for sale . This right to request rental information may be made by a Homeowner or the appointed financial agent representing the Homeowner, or Homeowner’s estate, such as trustee, or appointee under a durable power of attorney representing the Homeowner, or the heirs/personal representative of the Homeowner.

17.3 Any additional rights granted to Homeowner or to Park Owner due to amendments, deletions, or modifications of the Mobilehome Residency Law and other applicable law may be enforced by Park Owner or by Homeowner. If the prospective buyer does intend for the mobilehome to remain in the Park, said buyer must do the following before occupying the mobilehome: (a) complete an application for tenancy, (b) be accepted by the Park Owner (c) execute a new rental agreement or other agreements for the occupancy of the Homesite, and (d) execute and deliver to the Park Owner a copy of the Park’s then effective Park Rules and Regulations and other residency documents. IF THE PURCHASER

FAILS TO EXECUTE AN ASSIGNMENT OF THIS AGREEMENT OR NEW RENTAL AGREEMENT, SUCH PURCHASER SHALL HAVE NO RIGHTS OF TENANCY. The rental agreement, Rules and Regulations and other residency documents signed by the prospective purchaser may be different in their own terms and provisions than this Agreement, the Rules and Regulations, and other residency documents now in effect.

17.4 Notwithstanding anything contained herein to the contrary, Park Owner may, in order to upgrade the quality of the Park, require the removal of the mobilehome from the Homesite upon its sale to a third party, in accordance with the provisions of the Mobilehome Residency Law and other applicable law. Any such rights granted either party due to amendments, deletions, or modifications of the Mobilehome Residency Law and other applicable laws may be enforced by either party at that party’s option.

18. OCCUPANCY QUESTIONAIRE

Homeowners shall complete, sign and provide to Park Owner, on three (3) days written notice, an Occupancy Questionnair e. (Please note: Such Occupancy Questionnaire shall be required only on an annual basis, unless otherwise necessary.) Such executed Questionnaire shall contain the following upon completion:

A. The names of all occupants of the Homesite.

B. Nature of occupancy, i.e. guest, resident, shared tenancy under California Civil Code Section 798.34 (b), family member,

558

C. The legal owner and registered owner of the mobilehome,

D. Names and addresses of all lienholders of the mobilehome,

E. A copy of the title registration card issued either by the Department of Housing and community Development or the Department of Motor Vehicles for the mobilehome occupying the Homesite.

F. Park owners may require income certification, if income level requirements are a condition of occupancy, or other occupancy requirements, if such requirements are described in the Park’s Rules and Regulations or other residency document of the Park that is in effect and permitted under the Mobilehome Residency Law.

19. LIENS AND CLAIMS

19.1 Prohibition Against: Homeowner shall not suffer or permit to be enforced against Park Owner’s title to the Park, or any party thereof, any lien, claim, or demand arising from a work of construction, repair, restoration or maintenance of the Homesite or mobilehome.

19.2 Removal of Liens by Homeowner: Should any lien demand, or claim be filed, Homeowner shall cause it to be immediately removed. In the event Homeowner, in good faith, desires to contest such lien, demand, or claim, he may do so, but in such case Homeowner agrees to and shall indemnify and save Park Owner harmless from any and all liability for damages, including reasonable attorneys fees and costs, resulting therefrom and agrees to and shall, in the event of a judgment of foreclosure on said lien, cause the same to be satisfied, discharged, and removed prior to execution of the judgment.

19.3 Removal of Liens by Park Owner: Should Homeowner fail to discharge any such lien or furnish bond against the foreclosure thereof, Park Owner may, but shall not be obligated to discharge the same or take such action as it deems necessary to prevent a judgment of foreclosure on said lien from being executed against the property, and all costs and expenses, including but not limited to, reasonable attorneys fees and court costs incurred by Park Owner in connection therewith shall be repaid by Homeowner to Park Owner on written demand.

20. ENFORCEMENT BY CITY OF VISALIA

The parties hereto specifically grant to the City of Visalia the authority to enforce the terms and conditions of the 2025 Standardized Lease Program Agreement , which provides the offering of this lease to the Residents of Parks within the city limits of Visalia. The parties agree that the prevailing party shall be entitled to recover any costs and attorneys fees incurred in the enforcement of the terms and conditions of the 20 25 Standardized Lease Program Agreement it seeks to enforce on behalf of the parties hereto.

21. INDEMNIFICATION

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Park Owner shall not be liable for any loss, damage or injury of any kind whatsoever to the person or property of any resident or to any of the employees, guests, invitees, permittees, or licensees of any resident, or to any other person whatsoever, caused by a ny use of the Park or Homesite, which is the result of any defect in improvement erected thereon, or arising from any accident in the Park or Homesite arising from any fire or other such casualty thereon, or arising from any cause whatsoever. Homeowner hereby agrees to indemnify and hold Park Owner free and harmless from liability for all claims and demands for any such loss, damage, or injury, including attorney fees, together with all costs and expenses arising therefrom or in connection therewith. The foregoing release and indemnification shall not apply to the negligent or willful acts or omissions of Park Owner, the breach of this Agreement by Park Owner, or any other duty owed by Park Owner as compensation for diminution in value of the leasehold or for taking of the fee or the taking of any interest Homeowner may have had due to this Agreement or Homeowner’s tenancy in the Park. Nothing contained herein, however, shall be deemed to preclude Homeowner from obtaining any award for loss of, damage to, or relocation of Homeowner’s removable personal property, or to give Park Owner any interest in such award.

22. ENTIRE AGREEMENT

This Agreement and the documents referred to herein constitute the entire Agreement between Homeowner and Park Owner pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether written or oral.

23. ATTORNEYS’ FEES AND COSTS

If any action arises out of Homeowner’s tenancy, this Agreement, the attached 2025 Standardized Lease Program Agreement, or the provisions of the Mobilehome Residency Law, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. A party shall be deemed the prevailing party if judgment is rendered in his or her fa vor or where the litigation is dismissed in his or her favor prior to or during trial, unless the parties otherwise agree in the settlement or compromise.

24. HEADINGS

The title of the paragraphs and subparagraphs contained herein are inserted solely for convenience and under no circumstances are they or any of them to be treated or construed as any part of this Agreement.

25. NOTICES

All notices required or permitted under this Agreement must be in writing and may be served upon Park Owner or Homeowner by any means then permitted by law.

26. TIME OF ESSENCE

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Time is of the essence with respect to the performance of every provision of this Agreement in which time is a factor.

27. INVALIDITY OF PROVISIONS

27.1 Certain terms and provisions of this Agreement and other documents referred to in this Agreement refer to, restate, or summarize provisions of the Mobilehome Residency Law and other applicable laws. In every instance, it is intended that these references, restatements and summaries will accurately reflect the law and correctly set forth Homeowner’s and Park Owner’s rights, liabilities, duties and obligations to one another and to other persons. The same is true of all of the other provisions of this Agreement and the other documents used by the Park. If any of the provisions of this Agreement or the other documents used by the Park fail in any way to meet the above criteria, then it is unintentional and all such provisions shall be deemed to be automatically revised to correctly reflect the Park Owner’s and Homeowner’s rights, liabilities, duties, and obligations under the provisions of the Mobilehome Residency Law and all applicable laws. Homeowner agrees to promptly notify Park Owner in writing of any instance where Homeowner believes that any of the provisions of this Agreement or other documents used by the Park fail to the meet the above criteria.

27.2 If any term or provision of this Agreement or any document referred to in this Agreement or the application thereof to any person or circumstances shall to any extent be invalid, or unenforceable, then the remainder of this Agreement or the other document or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of t his Agreement or the other document shall be valid and be enforced to the fullest extend permitted by law.

28. CHOICE OF LAW

This Agreement and all documents referred to in this Agreement shall be construed and enforced in accordance with the laws of the State of California.

29. EXTENSION OR RENEWAL

Pursuant to the terms of the 2025 Standardized Lease Agreement, the prescribed term of this Agreement is until June 1, 2030. Homeowner and Park Owner may negotiate the renewal or extension of this Agreement for an additional term mutually agreeable to the parties as long as such agreement is in writing. Any such extension is beyond the term of the 20 25 Standardized Lease Agreement and shall state the terms that 2025 Standardized Lease Agreement expires on June 1, 2030. The 2025 Standardized Lease Agreement does not apply after June 1, 2030 and shall no longer be applicable, any renewal or extension shall strike out all references to the 20 25 Standardized Lease Agreement, and any services that may be provided by the City of Visalia.

30. ASSUMPTION OF AGREEMENT
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Homeowner shall have the right to assign Homeowner’s interest in this Agreement upon the sale of Homeowner’s mobilehome, and a purchaser shall be allowed assume Homeowner’s interest in this Agreement, as long as: (a) the provisions of the paragraph above entitled “APPROVAL OF PURCHASER AND SUBSEQUENT HOMEOWNER” is complied with, (b) Homeowner is not in arrears in his or her rent at the time of assignment, and (c) Homeowner is not in violation of any of the park Rules and Regulations or any provision of this Agreement. Homeowner must, however, immediately notify Park Owner in writing of Homeowner’s intent to sell Homeowner’s mobilehome, and shall provide Park Owner with the name, address and telephone number of such prospective buyer. Within fifteen (15) days of such notification, Park Owner shall notify such prospective buyer that this Agreement may be assumable if the prospective buyer of the mobilehome intends to remain in the Park.

31. MEDIATION/DISPUTE RESOLUTION

With respect to any dispute between the parties as to this Agreement, the parties shall attempt, in good faith, to meet and confer to resolve the dispute prior to litigation or other formal forms of dispute resolution.

The parties agree that the City of Visalia Community Development Department may designate an ombudsman to mediate disputes between the Park Owner and Homeowner. The City, in its sole discretion, may choose to act as a mediator for disputes arising out of or related to this Agreement. The City is not required to act as a mediator and can decline to act as such.

Disputes concerning the mobile home park facilities, mobile home park utilities, rules and regulations of the mobile home park and other issues not directly subject to the terms of this Agreement are not a subject for the City contact person to mediate . The City of Visalia is not responsible for mediating any disputes that the City, in its discretion, determines not to be the subject of this Agreement.

The parties to this Agreement, may by mutual agreement, refer the matter to alternative dispute resolution or refer the matter to be heard by a dispute resolution panel to be made up of two Park Owner representative s, and two Homeowner representatives from one of the Parks that signed the 2025 Standard Lease Agreement. A hearing will be held before the panel and each side will be allowed to present their case without objection although panel members may ask questions. No formal rules of evidence will be required to be followed and neither side will have the right to subpoena documents or witnesses. The dispute resolution panel will issue a non-binding decision on the matter or note that no majority decision could be reached. The parties agree that if the hearing process is used then all info rmation presented during the hearing will be considered confidential and being revealed in order to settle the dispute. Either Park Owner or Homeowner may refuse to participate in thi s alternative dispute resolution procedure. If this procedure is used, then both sides agree that the applicable statute of limitations shall be tolled during until after the panel issues its non- 562

binding decision or statement that a majority decision could not be reached. The parties may continue to pursue the matter through other legal recourse.

Park Owner Homeowner

________________________ ________
Print Name _____________________ Date

Title_____________________

________________________ ________
Print Name _____________________ Date

________________________ ________
Print Name _____________________ Date
(Spouse or Other Owner)

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City of Visalia | 2024 Analysis 1

2024 Analysis
Visalia Mobile Home Communities
Annual Rents

Introduction
In July 2021, the City of Visalia renewed its Memorandum of Understanding (MOU) with local Mobile Home parks and put into place the 20 20 Standardized Lease Program Agreement , which will expire June 30, 202 5. Due to COVID and the necessity to postpone community meetings where valuable feedback is gathered from the residents, the 2015 MOU was extended until a new MOU could be established.

The Visalia mobile home communities continuing to participate in the Standardized Lease Program are Rancho Robles (formerly known as Mooney Grove Manor), 2120 S Santa Fe LLC (formerly known as Gold Star Mobile Estates ), 2400 W Midvalley LLC (formerly known as Westlake Village Mobile Home Park), Sierra Vista Mobile Manor, and Visalia Estates.

As part of the MOU, the participating communities must complete a Rent Analysis Survey annually to evaluate rent increases in the communities individually and collectively. This year, the survey was mailed to the participating communities on November 13, 2024, and requested data as of December 31, 2024, to be consistent with previous years’ analyses. The listed communities have completed and returned the required surveys.

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City of Visalia | 2024 Analysis 2

History
Beginning in December 2010, City Staff began mailing surveys, each year, to the participating Visalia mobile home parks for a rent analysis, to evaluate rent increases in the mobile parks individually and together as an average.

Historically, the participating mobile home communities include d Mooney Grove MHC, Country Manor MHC , Sierra Vista Mobile Manor , Gold Star Mobile Estates, Westlake Village Mobile Home Park , Visalia Mobile Estates , and Sierra Mobile Village . Sierra Mobile Village withdrew at the expiration of the 2010 MOU and Country Manor withdrew at expiration of the 2015 MOU, disregarding the extension.

Under the MOUs, the communities receive a survey requesting information regarding total number of spaces, number of spaces rented, and the number of spaces rented pursuant to the lease agreement. The survey provides rental amounts, in $25 increments, and requests the communities indicate the number of units within each range. As an example, the survey requests the number of tenants paying between $500-$525; $526-$550, etc. The data is then formulated to identify the average rents as well as provide a comparison to the previous year’s reporting. Details regarding the current ranges of rents charged are shown as Attachment “A”.

Additionally, the communities are requested to briefly provide information regarding other park services billed to the resident, including but not limited to utility fees, charges for late rent, check handling, vehicle storage, and guests. The communities are also asked to provide an accounting of how many spaces are owned by the park itself; and how many spaces are occupied by RVs and travel trailers, as opposed to mobile homes.

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City of Visalia | 2024 Analysis 3

Analysis of Survey
This year, Visalia Estates has the highest rate of Lease participation at 95.0% with Sierra Vista Mobile Manor reporting the least Lease participation at 23.5%. Overall occupancy for all the communities decreased only slightly to 84.9% since the 2023 Analysis, when it was 85.5%.

Table 2 “Average Participation” , below, calculates average overall participation in the Lease Agreement, and reflects a current average of 54.1%.

The 2020 MOU continues tracking the different types of leases offered by the Mobile Home Communities , including Month to Month tenancy, Leases Greater than One Month and Other Types of Leases ( i.e., weekly, or biweekly rentals , employee housing ). The City’s 566

City of Visalia | 2024 Analysis 4

Standardized Lease Agreement (Master Lease) is a one-year lease and falls into the Greater than One Month category, although it is not the only lease in that category. Table 3 “Lease Tracking”, below, reflects the changes from 2023 to 2024. Decreases are indicated in red with parentheses.

Gold Star Mobile Home Estates and Visalia Estates reflected no change in the number of rented spaces, while Mooney Grove - Rancho Robles and Westlake Village reflected increases in the number of rented spaces, and Sierra Vista Mobile Manor re flected a decrease of 7 rented spaces. Overall, rented spaces decreased by four. There were some significant shifts in the amount of Master Lease participation per park, with an overall increase of 66, with most of the increases occurring within Gold Star and Westlake Village.

There was a decrease in the amount of “Other Types of Leases” and a significant increase to the Greater than Month to Month tenancies of 74. Table 3 also provides statistics about the 567

City of Visalia | 2024 Analysis 5

number of Mobile Homes vs Recreational Vehicles, 5th Wheels, etc. The Annual Statements show an overall decrease of six Mobile Homes and an increase of six in the number of RVs.

One of the more important figures tracked is the average rents. Table 4 “202 4 Rents”, right, presents a snapshot of the average rents for 202 4, the average difference between rents in 2023 and 2024, and the percentage of increase or decrease for each community.

Per the Lease Agreement, the Owner may adjust the rent at least 3% if the Social Security COLA increase is less than 3% but the owner may not adjust the rent more than 7% per year, even if the Social Security COLA increase is more than 7%. Rent increases are not required by this provision in the agreement.

The Social Security Index information related to Social Security Cost -of-Living Adjustments (COLA), reflected an increase of 3.2% which began in January 2024. For reference, historical information related to the Social Security COLA is included as Attachment “B”.

Conclusion
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City of Visalia | 2024 Analysis 6

Based on the limited data provided , the overall average rent increase for the participating communities was $29.04, or 3.76%, from December 31, 2023, to December 31, 2024, over 2024 rents, which is in compliance with the MOU.

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City of Visalia | 2024 Analysis 7

Attachment “A”: Average Rents per Park 2024

Averages: Monthly Rent Charge # Units Average Rent Median Rancho Robles (Mooney Grove Manor) $551-$575 0 $563 $0
$601-$625 2 $613 $1,226
$626-$650 10 $638 $6,380
$651-$675 57 $663 $37,791
$676-$700 45 $688 $30,960
$1001+ 12 $1,001 $12,012
Average $701.34 126 $701.34
Sierra Vista Mobile Manor $526-$550 0 $538 $0
$601-$625 1 $613 $613
$626-$650 4 $638 $2,552
$651-$675 6 $663 $3,978
$676-$700 3 $688 $2,064
$701-$725 3 $713 $2,139
$726-$750 8 $738 $5,904
$751-$775 9 $763 $6,867
$776-$800 8 $788 $6,304
$801-$825 15 $813 $12,195
$826-$850 12 $838 $10,056
$851-$875 21 $863 $18,123
$876-$900 10 $888 $8,880
$901-$925 9 $913 $8,217
$926-$950 3 $938 $2,814
$951-$975 2 $963 $1,926
$1001+ 1 $1,001 $1,001
Average $814.20 115 $814.20
Gold Star Mobile Estates $501-$525 0 $513 $0
$601-$625 1 $613 $613
$626-$650 2 $638 $1,276
$651-$675 19 $663 $12,597
$676-$700 47 $688 $32,336
$701-$725 55 $713 $39,215
$726-$750 8 $738 $5,904
$751-$775 1 $763 $763
Average $697.02 133 $697.02
Westlake Village Mobile Home Park $576-$600 0 $588 $0
$626-$650 1 $638 $638
$676-$700 1 $688 $688
$701-$725 2 $713 $1,426
$726-$750 5 $738 $3,690
$751-$775 7 $763 $5,341
$776-$800 7 $788 $5,516
$801-$825 14 $813 $11,375
$826-$850 26 $838 $21,788
$851-$875 22 $863 $18,986
$876-$900 14 $888 $12,432
$901-$925 15 $913 $13,695
$926-$950 8 $938 $7,504
$951-$975 5 $963 $4,815
$976-$1,000 3 $988 $2,964
Average $852.75 130 $852.75
Visalia Estates $526-$550 0 $538 $0
$626-$650 1 $638 $638
$651-$675 6 $663 $3,978
$676-$700 1 $663 $663
$701-$725 13 $713 $9,269
$726-$750 40 $738 $29,520
$751-$775 60 $763 $45,780
$776-$800 9 $788 $7,092
$801-$825 2 $813 $1,625
$876-$900 2 $888 $1,776
$951-$975 2 $963 $1,926
$976-$1,000 1 $988 $988
$1,001+ 2 $1,001 $2,002
Average $757.24 139 $757.24
Attachment "A" Average Rents Per Park 2024
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City of Visalia | 2024 Analysis 8

Attachment “B”: Social Security Cost of Living Adjustment History

Source: https://www.ssa.gov/news/cola/

SSA Publication No. 05 -10526 “Cost of Living Adjustment” can be found at https://www.ssa.gov/cola/#:~:text=Beginning%20in%201975%2C%20Social%20Securit y,value%20from%20Social%20Security%20benefits.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0038 Agenda Date: 4/7/2025 Agenda #: 2.

Agenda Item Wording:

Review Draft 2025/26 - 2029/30 Consolidated Plan and 2025/26 Annual Action Plan - Conduct a Public Hearing and provide comments on the proposed FY 25/26-29/30 Consolidated Plan (ConPlan), Analysis of Impediments to Fair Housing Choice (AI), Citizens Participation Plan (CPP), FY 25/26 Annual Action Plan for the use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Funds; and FY 24/25 CDBG Action Plan Amendment.

Deadline for Action: 4/7/2025
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Margie Perez, Housing Specialist, [email protected], (559) 713-4460; Melody Murch, Assistant Finance Director, [email protected], (559) 713-4379; Renee Nagel, Finance Director, [email protected], (559) 713-4375 Department Recommendation:

Staff recommends that Council provide comments and conduct a public hearing on the following proposed documents:
· FY 2025/26 - FY 2029/30 Consolidated Plan (ConPlan);
· Analysis of Impediments to Fair Housing Choice (AI);
· Citizens Participation Plan (CPP);
· FY 2025/26 Annual Action Plan for the use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Funds;
FY 2024/25 CDBG Action Plan Amendment.

Background Discussion:

As required by the U.S. Department of Housing and Urban Development (HUD), the City must develop a Consolidated Plan (ConPlan) every 5-years to guide the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funding. The 5-year ConPlan is the framework for the allocation of resources to support projects benefiting low-and moderate-income people by increasing housing and economic opportunities, strengthening low- income neighborhoods, addressing public services, and providing for infrastructure improvements.

The ConPlan process for the next 5-year term (FY 2025/26 - FY 2029/30) has been assisted by a consultant, Baker Tilly, Inc. The process to identify high priority needs has included preparing and disseminating public notices, information flyers and surveys, collecting and analyzing surveys, conducting community public meetings and stakeholder interviews, receiving City Council priorities, and collecting the results. Baker Tilly also conducted a Housing Windshield Survey analysis to assess housing conditions, which is a requirement of the Housing Element and provides data that supports affordable housing program needs.

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Consolidated Planning Process: The Consolidated Plan (ConPlan) establishes a comprehensive strategy that identifies community needs, prioritizes those needs, and details how they will be addressed. The ConPlan strategy also incorporates the City’s Citizen Participation Plan (CPP), which governs how the City will conduct outreach to the community and encourage their participation in the ConPlan, Action Plan, Amendments, and Consolidated Annual Performance and Evaluation Report (CAPER) process for this next 5-year term. Also included in the ConPlan is the preparation of an Analysis of Impediments to Fair Housing Choice (AI), which assists in identifying any barriers to affordable housing, as well as examines policies and fair housing practices surrounding housing choices.

Community Surveys, Public Outreach & Stakeholder Meetings: Through public notice of community meetings and surveys, opportunities were provided for the community to give feedback on spending priorities for the next 5-years. This feedback serves as the framework for a community- wide dialogue to identify housing and community development priorities. Staff has engaged citizens and stakeholders to assess community development and housing needs and identify the highest priority needs related to the use of both CDBG and HOME funding over the next 5-years FY 2025/26 - FY 2029/30.

The survey links and public notices were posted on the City’s website, and City social media outlets from July 12, 2024, through August 2, 2024. The survey announcements were also posted on the Kings/Tulare Homeless Alliance listserv, the Tulare County Homeless Task Force email list, and the Community Care Coalition email list distributed to approximately 1,000 stakeholders. Surveys were also provided during community meetings and community stakeholder meetings held in the months of September and October 2024.

The City of Visalia Housing Division also surveyed individuals during two other events - the 2023 Farmworker Women’s Conference and the Citizens Advisory Committee Meeting. Please see below for a brief description of the organization and citizen survey results and attachment F: Citizen Participation Plan for full survey results.

In addition to receiving community priorities, staff received City Council priorities and direction on September 3, 2024 and December 3, 2024 for the 5-year (FY 2025/26 - FY 2029/30) ConPlan.

Survey Results: Organizations that completed the organizational survey serve the following populations: low-income, homeless, youth, elderly, victims of domestic violence, disabled, protected class members, and individuals with HIV/AIDS. The top 5 gaps (needs) identified by various organizations include:
1) Shortage of affordable housing
2) Homelessness prevention programs
3) Mental health services
4) Substance abuse treatment programs
5) Job training programs
Citizen survey results below include results from the online citizen survey, the Farmworker Women’s Conference survey, the Citizen Advisory community meeting survey, and virtual community meetings.

The top 5 gaps (needs) identified by citizens include:

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1) Affordable rental housing (including senior, farmworker housing) 2) Emergency drop-in shelter
3) Homeless/homeless prevention services (including mental health services) 4) Permanent supportive housing
5) Home repair assistance
Funding Sources and Use of Funds
Community Development Block Grant (CDBG): The purpose of the CDBG program is to enhance and maintain viable urban communities through the provision of decent affordable housing, a suitable living environment, and the expansion of economic opportunities for low-and moderate-income individuals and households. HUD allows up to 20% of a CDBG award to be used towards general program administration and planning and permits up to 15% to support Public Service activities. The remaining 65% is available for other projects vital to community development such as public facilities and improvements, economic development, and housing.

CDBG National Objectives
To be eligible for CDBG funding, each activity must meet one of HUD’s three National Objectives.

The National objectives are:

1. Benefit low- and moderate-income individuals.

2. Aid in the prevention or elimination of slum and blight.

3. Meeting other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available.

CDBG eligible activities include but are not limited to (*indicates activities limited to the 15% public services cap):

1. Public services* (limited to 15%)
a. Homeless, rental/mortgage assistance, domestic violence, housing counseling, job training, senior disabled, youth, health/mental health, substance abuse, crime awareness, childcare, legal, and fair housing.

2. Acquisition & Disposition
a. Acquisition & disposition of real property, cleanup of contaminated sites, relocation.

3. Public Facilities & Improvements
a. Homeless facilities (emergency shelter or navigation center), senior centers, youth centers, and infrastructure including water, sewer, street, sidewalk, parks/recreation, and ADA accessibility improvements.

4. Economic Development
a. Acquisition, construction, rehabilitation, small business assistance, job creation/retention, technical assistance, and job training*.

5. Housing
a. Homeowner assistance, housing counseling*, rehabilitation of single/multi-family, emergency repairs, code enforcement, lead-based paint testing/abatement, and historical preservation.

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HUD Encouraged Funding:
· Continuum of Care* - HUD strongly encourages local jurisdictions to support the local Continuum of Care (CoC), as they oversee the HUD mandated Point-In-Time (PIT) count, Coordinated Entry Systems (CES), Homeless Management Information Systems (HMIS), and Permanent Supportive Housing (PSH) rental subsidy vouchers for our region. The local CoC ensures CES and HMIS grant compliance that allows for continued and additional grant funding opportunities.
· Fair Housing Services* - The Fair Housing Act of 1968 requires HUD grantees to promote fair housing choice, eliminate disparities, and foster inclusive communities. As a result, HUD strongly encourages local jurisdiction support of fair housing services to affirmatively further the purposes of the Fair Housing Act.
(*indicates activities limited to the 15% public services cap.) HOME Investment Partnership Program (HOME): The purpose of HOME funding is to create and/or retain affordable housing. HUD defines affordable housing as housing where a household pays no more than 30% of their gross income for housing costs, including utilities. Most HOME affordability housing developments are built for households with incomes at 60% or less than the area median income (AMI) level. For example, a qualifying family of four at 60% AMI in FY 2024/25 has an income of $52,740 or lower and should not be spending more than $15,822 per year on housing.

To assist with this need, HOME funding requires that at least 15% of the annual HOME grant amount be provided to a certified Community Housing Development Organization (CHDO) (501C non-profit) for the development of affordable housing (rental and/or ownership). Self Help Enterprises (SHE) is currently the only local organization which meets the HOME CHDO certification requirements, and the City works with them to provide funding for their qualifying housing projects.

HOME funds can be used for housing within four basic programs:

1. Development of Housing
a. Types: Affordable rental or owner-occupied housing, transitional housing, and permanent supportive housing (PSH).
b. Special populations can include senior and/or homeless.

2. Homebuyer assistance

3. Rehabilitation for owner-occupants

4. Tenant-Based Rental Assistance (TBRA)
Staff Recommended Strategies: As part of the ConPlan analysis, staff reviews current high priority needs, required programs, and existing successful activities. Below are staff recommended strategies for the use of CDBG and HOME funds, based upon the data collected.

Community Development Block Grant (CDBG):

HUD allows up to 20% of CDBG to be spent on administration. HUD also allows up to 15% of the annual CDBG grant to be spent toward public service activities. HUD encourages the use of these funds to include fair housing and partnering with the Continuum of Care, both of which are funded as part of the 15% public service funding activities. Staff recommend the maximum amounts to be programmed for administration and public services, with public service activities to be determined on Visalia City Council Printed on 4/4/2025Page 4 of 14
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programmed for administration and public services, with public service activities to be determined on an annual basis by the Annual Action Plan process, based upon an annual Notice of Funding Availability (NOFA).

Based upon the community needs assessment and Council’s priorities, staff recommends CDBG funding for the development of a year-round overnight emergency shelter for people experiencing homelessness. A year-round overnight emergency shelter is a vital part of the process to bring individuals out of homelessness and will support the Police Department in providing immediate shelter for those in need, including those residing in City parks, commercial, and residential areas.

Staff also recommends beginning a Senior Single-Family Home Repair Program for senior/disabled low-to-moderate-income owner occupants of single-family homes to assist with essential home repairs such as roof repairs/replacement, plumping repairs, ADA improvements, and efficiency improvements etc. to assist seniors/disabled residents to remain in their homes.

Staff recommends continued funding for:
· Code Enforcement in low-income areas,
· Senior Mobile Home Repair Program,
· Park improvements for low-income areas, and
· Public improvements to address the continued need for ADA accessible sidewalks.

A summary of the proposed CDBG funded activities for the next 5-year Consolidated Plan is shown below in Table 1: FY 2025/26 - FY 2029/30 Proposed CDBG Activities.

HOME Investment Partnership Program (HOME): HOME funding requires that 15% of the annual grant be provided to a certified Community Housing Development Organization (CHDO) (501C non- profit) for the development of affordable housing (both rental and ownership). Self Help Enterprises (SHE) is the only local organization which meets the HOME CHDO certification requirements and continues to be successful with the use of HOME funds. In addition, there is a shortage of rental Visalia City Council Printed on 4/4/2025Page 5 of 14
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continues to be successful with the use of HOME funds. In addition, there is a shortage of rental subsidies in our region to support permanent supportive housing (PSH) units for people experiencing homelessness. HOME Tenant-Based Rental Assistance (TBRA) can assist in providing much needed rental subsidies for PSH units within the City of Visalia.

Based on the community needs assessment and Council priorities, staff recommends utilizing HOME funds for:
· Development of a senior affordable housing,
· Affordable housing for low-income families, and
· Tenant-Based Rental Assistance (TBRA) to support PSH units for people experiencing homelessness.

A summary of the proposed HOME funded activities for the next 5-year Consolidated Plan is shown below in Table 2: FY 2025/26 - FY 2029/30 Proposed HOME Activities.

The proposed CDBG and HOME funded activities for the next 5-year Consolidated Plan are also included as Attachment “B”.

Proposed FY 2025/26 Annual Action Plan (see Attachment “A”):

The Program Year (PY) 2025 (Fiscal Year 2025/26) Annual Action Plan is the first year of the next 5- year ConPlan, and the plan objectives are based upon the City’s 5-year Strategic Plan.

The proposed programs for the draft 2025 Annual Action Plan were formulated based upon applications received in response to a Notice of Funding Availability (NOFA) released by the City to seek applications for the available funding. At this time, Council can change the draft 2025 Annual Action Plan; however, significant changes would also require changes to the FY 2025/26 - FY 2029/30 Consolidated Plan.

Proposed PY 2025 Annual Action Plan: The proposed PY 2025 Annual Action Plan consists of an estimated $1.7 million in CDBG projected resources and $0.64 million in HOME projected resources.

The 2025 Program Year proposed CDBG and HOME resources, activities, and funding allocations Visalia City Council Printed on 4/4/2025Page 6 of 14
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are explained in further detail below.

Proposed PY 2025 CDBG Resources and Expenses:

The 2025 CDBG resources consists of $1.2 million in estimated annual grant allocation, $0.05 million in estimated program income, and $0.45 million in estimated prior year resources for a total of $1.7 million in 2025 estimated CDBG resources as identified in Table 3: 2025 CDBG Projected Resources. CDBG program income is generated from repayments of CDBG funded first-time homebuyer and owner-occupied rehabilitation loans.

The proposed programs for the 2025 Annual Action Plan were formulated based upon applications received in response to a Notice of Funding Availability (NOFA). A NOFA was released to allow all interested parties to apply for available funding to administer programs in accordance with the City’s 5-year ConPlan goals and priorities. The City released a NOFA from January 13, 2025, through February 13, 2025, to solicit applications for the administration of the City’s 2025 CDBG public services, single home repair program, senior/disabled mobile home repair program, and code enforcement services. The NOFA was published in the Visalia Times Delta on 1/3/25 and 1/10/25.

The NOFA was posted on the City’s purchasing website, on the Central Valley Purchasing System “BidNet”, and on the Kings/Tulare Homeless Alliance listserv on 1/08/25 and 1/30/25, which has over 400 recipients.

CDBG NOFA Committee Recommended 2025 Annual Action Plan Activities:

The proposed PY 2025 Annual Action Plan activities and their respective funding are summarized in Attachment B. Staff requests that Council comment, discuss, and direct any requested changes to the proposed project and program allocations.

CDBG Admin & Planning:

The 2025 CDBG administration and planning budget is $250,000, which is 20% of the 2025 grant allocation and program income. The administration budget will pay for staff, and operations to oversee the CDBG program.

CDBG Public Services:

CDBG federal regulations restrict public services to 15%. This means that $180,000 is available from the 2025 grant allocation and prior year program income. The City received $190,000 in request. All requests were reviewed by a committee that consisted of three City employees. The Committee funding recommendations are based upon the priorities set by the current ConPlan and intended to provide funding where it will be most impactful. The NOFA also imposed the limitation of program administration (staffing, operating, etc.) to 25% of total program budgets. The PY 2025 Proposed CDBG Public Services are listed below and included in Table 4: PY 2025 CDBG Proposed Public Visalia City Council Printed on 4/4/2025Page 7 of 14
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Services.

As a result of the release of the PY 2025 CDBG NOFA, the City received the following public service applications:
· Kings/Tulare Homeless Alliance (KTHA): Requested $20,000 and the NOFA committee recommends $20,000.
o KTHA is the designated Continuum of Care (CoC) for our region. The CoC is recommended by HUD as a comprehensive approach and to promote communitywide cooperation to end homelessness. As the designated CoC, KTHA oversees the Point in Time (PIT) Count. KTHA oversees the administration of HUD funded Permanent Supportive Housing (PSH) and Rapid Rehousing (RRH) programs, as well as the Coordinated Entry System (CES) which begins the process of housing placement.

KTHA also operates the Visalia weekly Local Initiatives Navigation Center (LINC) at the Visalia Rescue Mission to promote services including mental health assessments/enrollments, document readiness, mainstream benefit enrollment, social security advocacy, substance abuse program enrollments, veteran services, clothing assistance, and food assistance.
· Family Services of Tulare County (FSTC): Requested $50,000 and the NOFA committee recommends $50,000.
o FSTC administers a HUD CoC Permanent Supportive Housing (PSH) rental voucher program that requires a 25% match to secure funding. These CDBG funds will be used as a required match to secure PSH rental vouchers for chronically homeless individuals residing in Visalia. FSTC also provides ongoing case management and support services to chronically homeless persons already housed in Visalia who are currently receiving a PSH voucher. If PSH match is not secured, these currently housed chronically homeless individuals could return to living on the streets in Visalia. · Kings View - Housing Flex Funds: Requested $50,000 and the NOFA committee recommends $45,000.
o Kings View will provide Housing Flex Funds as direct client assistance which includes security deposits, rental application fees, utility deposits, motel vouchers, legal document fees, and emergency rental assistance to prevent evictions. Direct outreach services also include case management, transportation assistance, legal document assistance, linkage to employment services, and completion of the VI-SPDAT (Vulnerability Index-Service Prioritization Decision Assistance Tool) assessment to begin permanent housing placement. In addition, 75% of Kings View PATH CDBG Visalia City Council Printed on 4/4/2025Page 8 of 14
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begin permanent housing placement. In addition, 75% of Kings View PATH CDBG funds go directly to client assistance. Kings View does an excellent job in leveraging other funding sources to cover salaries and administrative costs. · Kings View - Eden House: Requested $50,000 and the NOFA committee recommends $45,000.
o Kings View is requesting operational funding for Eden House, a transitional - bridge housing project for people experiencing homelessness awaiting a permanent housing unit. CDBG Operational expenses include client meal assistance for 15 Visalia- designated beds Eden House as a transitional bridge housing project is unable to charge rents to collect ongoing revenue, such as permanent housing projects. As a result, Eden House is dependent on grant funding for ongoing operating costs. If insufficient grant funding is secured each year, the project is at risk of closing. Eden House also serves as an additional level of support in transitioning from homelessness to independent permanent housing. Eden House provides 24/7 on-site staffing and provides three meals a day. Eden House will also serve as a next level of housing for those exiting the Navigation Center that require additional services prior to entering permanent housing.

CDBG Affordable Housing Projects:

The PY 2025 CDBG Proposed Affordable Housing Projects are listed below and included in Table 5:

PY 2025 CDBG Projected Affordable Housing Projects. The City received $375,000 in requests and is recommending to fund $370,000 based on available funding. · Self-Help Enterprises (SHE) - Single-Family Home Repair Program: Requested $100,000 and the NOFA committee recommends $100,000.
o SHE applied to administer a Single-Family Home Repair Program (SFHRP) to provide at least 3 low-income senior and/or disabled owner-occupied homeowners with necessary repairs including roof repair/replacement, accessibility improvements, floor repair/replacement, and energy efficient improvements.
o The SFHRP will provide up to $25,000 in assistance per household to allow for additional home repairs including roof repairs. The most sought-after repairs are roof repairs ranging from $20,000 to $25,000 per home.
· Self-Help Enterprises (SHE) - Senior Mobile Home Repair Program: Requested $100,000 and the NOFA committee recommends $100,000.
o SHE applied to administer a Senior Mobile Home Repair Program (SMHRP) to provide at least 3 low-income senior and/or disabled owner-occupied mobile homeowners with necessary repairs including roof repair/replacement, accessibility improvements, floor Visalia City Council Printed on 4/4/2025Page 9 of 14
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necessary repairs including roof repair/replacement, accessibility improvements, floor repair/replacement, and energy efficient improvements.
o The SMHRP will provide up to $25,000 in assistance per mobile home, to allow for additional mobile home repairs including roof repairs. The most sought-after senior repairs are roof repairs ranging from $20,000 to $25,000 per mobile home. · Code-Enforcement: Requested $175,000 and the NOFA committee recommends $170,000. o The NOFA committee recommends $170,000 to provide code enforcement inspections in CDBG eligible low-moderate income target areas to address substandard housing.

This funding pays the full cost of one staff position which is responsible for code enforcement in CDBG Target Areas. Code Enforcement activities were identified as an objective during the development of the 5-year Consolidated Plan. HUD requires consistent CDBG drawdowns to prevent becoming an at-risk grantee. Code Enforcement allows for consistent monthly CDBG drawdowns to remain in compliance with CDBG regulations. Code enforcement also generates CDBG program income that is returned to the program.

CDBG Facility Improvement Projects:

The PY 2025 CDBG proposed facility improvement projects are listed below and included in Table 6:

PY 2025 CDBG Projected Facility Improvement Projects.
· Emergency Shelter Development: Staff is recommending $900,000 for the development of a drop-in emergency shelter. During the development of the Consolidated Plan Community Needs Assessment, the need for an overnight drop-in emergency shelter was identified as a high priority need. Council also requested that the development of a drop-in emergency shelter be included in the next 5-year ConPlan during the September 3, 2024, City Council Public Hearing meeting. The location of the emergency shelter is unknown at this time. If approved by Council, an RFP process will be conducted to determine a developer, administrator, and project site. *Any increase or decrease of PY 2025 CDBG annual allocation, program income, and/or prior year resources will be an adjustment to the Emergency Shelter Development Project.

Proposed PY 2025 HOME Investment Partnership Program Resources and Expenses:

The PY 2025 HOME projected resources include $500,000 in HOME estimated annual grant allocation, $100,000* in estimated program income, and $40,000 in prior year resources for a total of $640,000 as identified in Table 7: PY 2025 HOME Projected Resources. *HOME program income is normally generated from repayment of HOME funded first-time homebuyer or owner-occupied rehabilitation loans.

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The PY 2025 Proposed HOME funding is listed below and included in Table 8: PY 2025 HOME Proposed Funding.
· HOME Administration: $50,000 for PY 2025 HOME Admin and Planning. This amount is within the 10% allowed for administration of the HOME program by HUD. · HOME CHDO Multi-Family Project Rancho Colegio: $290,000 towards construction of Rancho Colegio the current HOME CHDO Multi-Family development project, an 80-unit affordable rental housing complex for low-income working households. This final piece of funding will complete the City’s HOME commitment of $1.29 million to the Rancho Colegio Project, which was approved by Council on 8/7/2023. As a HOME Participating Jurisdiction, the City is required to provide at least 15% of the annual HOME funds awarded to a Community Housing Development Organization (CHDO) to develop affordable housing. Self-Help Enterprises (SHE) is currently the only certified CHDO for the City of Visalia. The 15% CHDO set-aside has been combined with additional available HOME funds from FY 2023/24 and 2024/25 to provide for a CHDO multi-family project as specified in the current 5-year ConPlan. · HOME Senior Affordable Housing Project: $300,000 to a Senior Affordable Housing project within the City of Visalia for low-income seniors aged 62 years and over in conjunction with the next 5-year ConPlan. Staff will return at a later date with a HOME Senior Affordable Housing Project proposal for Council’s review and approval. *Any increase or decrease of PY 2025 HOME annual allocation, program income, and/or prior year resources will be an adjustment to the HOME Senior Affordable Housing project amount.

Proposed FY 2024/25 Annual Action Plan Amendment (see Attachment “C”):

The Program Year (PY) 2024 Community Development Block Grant (CDBG) Annual Action Plan (AAP) Amendment includes reappropriating $450,000 of unspent ADA tree well funds (CP0624). The project was delayed to allow an application for additional grant funds to complete the downtown ADA improvements. Funding for the ADA tree well project will now be provided in the next 5-year ConPlan in years two and three. As a result, the PY 2025 unspent $450,000 from the ADA tree well funds (CP0618) will be reprogrammed into the next PY 2025 Annual Action Plan, as shown below in Table Visalia City Council Printed on 4/4/2025Page 11 of 14
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(CP0618) will be reprogrammed into the next PY 2025 Annual Action Plan, as shown below in Table 9: Proposed PY 2024 Annual Action Plan Amendment. These funds are now reflected in the 2025 CDBG resources shown above in Table 3: 2025 CDBG Projected Resources.

Additional Information on Housing Conditions and Fair Housing:

Housing Windshield Survey (Attachment “D”):

Included with the consulting services from Baker Tilly was a Housing Windshield Survey which gives insight to real-time existing conditions of single-family and multi-family dwellings within the City. City staff identified areas of Visalia to be included in the windshield survey as part of the ConPlan analysis. Baker Tilly and City staff conducted these surveys on September 18th, 2024. Baker Tilly and City staff drove through the identified neighborhoods and randomly selected homes to profile to ensure impartiality and provide a better reflection of the neighborhood being surveyed. These homes were considered a representative sample of conditions within the neighborhood. A Copy of the Housing Windshield Survey can be found as Attachment “D”.

Analysis of Impediments to Fair Housing Choice (Attachment “E”):

As noted above, the ConPlan includes the Analysis of Impediments to Fair Housing Choice (AI), which assesses the extent of housing needs among specific income groups, evaluates housing choices, and analyzes conditions in the private and public sector that could impede a person’s access to such housing. The AI highlights meaningful actions that the City will implement to address patterns of segregation, promote fair housing choice, reduce disparities in opportunities, and foster inclusive communities free from discrimination. AI information reflects barriers related to:
· Lending practices
· Land Use Policies & Practices
· Regional Collaboration related to services
· Opportunity Indicators
· Housing Discrimination
Through the completion of the analysis, the goals below were developed to address fair housing choice barriers within the City of Visalia. A Copy of the Draft Analysis of Impediments to Fair Housing Choice can be found in Attachment “E”.
· Goal #1 - Development of Affordable Housing
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o Development of Permanent Supportive Housing for Homeless Persons o Development of Affordable Senior Housing
o Development of Farmworker Housing
o Development of Affordable Housing for Veterans
· Goal #2 - Development of an Emergency Shelter
· Goal #3 - Tenant Based Rental Assistance
· Goal #4 - Fair Housing Services
Citizen Participation Plan (Attachment “F”):

As a recipient of HUD funding, the City of Visalia is also required to prepare a Citizen Participation Plan (CPP) every five years, in conjunction with the 5-Year Consolidated Plan. The primary goal of the CPP is to encourage the involvement of citizens, especially low- and moderate-income citizens of the community where CDBG and HOME funded activities will take place. It is an opportunity to participate and provide comments on the planning, implementation and assessment of the programs and project activities through the ConPlan, Annual Action Plan, and Consolidated Annual Performance and Evaluation Report (CAPER) public hearings. The CPP includes guidelines for how public hearings will be conducted, since public hearings are the method to share information and to collect public comments. A copy of the Draft FY 2025/26 - FY 2029/30 Citizen Participation Plan can be found in Attachment “F”.

Next Steps in Process - Public Hearing for Adoption: Staff will return to Council with the final drafts of the FY 2025/26 - FY 2029/30 Consolidated Plan, FY 2025/26 Action Plan, FY 2024/26 Action Plan Amendment, Analysis of Impediments to Fair Housing Choice (AI), and Citizen Participation Plan (CPP) on April 21, 2025, to hold a final public hearing for adoption. This will include the comments provided by Council today, those received at the Citizens Advisory Committee (CAC) meeting on April 2, 2025, and all public comments received during the 30-day public review period which began on March 21, 2025, and will end on April 21, 2025. The adopted FY 2025/26 - FY 2029/30 Consolidated Plan, FY 2025/26 Action Plan, and FY 2024/26 Action Plan Amendment must be submitted to HUD no later than May 15, 2025.

Fiscal Impact:

All expenditures proposed in this item will be funded with CDBG and HOME grant funds and no General Fund money is requested or included. The final budgets for CDBG and HOME, as approved in the 2025 Annual Action Plan and the accompanying amendment will be appropriated at the April 21, 2025 meeting.

Prior Council Action:
● April 20, 2020 - Adoption of the current 5-year FY 2020/21 - FY 2024/25 Consolidated Plan (ConPlan).
●September 3, 2024 - Public Hearing to allow City Council and citizens to provide input on identifying high priority needs for the City’s next 5-year FY 2025/26 - FY 2029/30 ConPlan for the use of CDBG Visalia City Council Printed on 4/4/2025Page 13 of 14
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and HOME funds.
● December 3, 2024 - Work session to receive an update and have Council provide direction on the development of the next 5-year FY 2025/26 - FY 2029/30 ConPlan. Review of draft Analysis of Impediments to Fair Housing Choice (AI).

Other: None.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move that Council accepts the draft documents and continue to receive public comments.

Or
I move for staff to make changes as motioned by Council and continue to receive public comments.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
● Attachment A: Draft FY 2025/26 - 2029/30 ConPlan & FY 2025/26 Action Plan ● Attachment B: Draft FY 2025/26 - 2029/30 ConPlan & FY 2025/26 Action Plan Tables ● Attachment C: Draft FY 2024/25 Annual Action Plan Amendment ● Attachment D: Draft Windshield Survey
● Attachment E: Draft Analysis of Impediments to Fair Housing Choice (AI) ● Attachment F: Draft Citizen Participation Plan (CPP)
● Attachment G: FY 2025/26 - 2029/30 ConPlan PowerPoint Visalia City Council Printed on 4/4/2025Page 14 of 14
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City of Visalia 2025-2029 Consolidated Plan and 2025 Annual Action Plan

City of Visalia, CA
Draft FY 2025/26 – FY 2029/30 Consolidated Plan
and FY 2025/26 Annual Action Plan

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City of Visalia 2025-2029 Consolidated Plan and 2025 Annual Action Plan

Table of Contents
Executive Summary .................................................................................................................................... 4 ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ...................................................................... 4 The Process ............................................................................................................................................... 11 PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) ....................................................................... 11 PR-10 Consultation - 91.100, 91.200(b), 91.215(l) ................................................................................. 12 PR-15 Citizen Participation...................................................................................................................... 18 Needs Assessment ................................................................................................................................... 24 NA-05 Overview....................................................................................................................................... 24 NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c) .................................................................. 28 NA-15 Disproportionately Greater Need: Housing Problems – 91.205 (b)(2) ......................................... 37 NA-20 Disproportionately Greater Need: Severe Housing Problems – 91.205 (b)(2) ............................ 41 NA-25 Disproportionately Greater Need: Housing Cost Burdens – 91.205 (b)(2) .................................... 45 NA-30 Disproportionately Greater Need: Discussion – 91.205(b)(2) ...................................................... 46 NA-35 Public Housing – 91.205(b) .......................................................................................................... 49 NA-40 Homeless Needs Assessment – 91.205(c) .................................................................................. 53 NA-45 Non-Homeless Special Needs Assessment - 91.205 (b, d) .......................................................... 66 NA-50 Non-Housing Community Development Needs – 91.215 (f) ......................................................... 70 Market Analysis ......................................................................................................................................... 71 MA-05 Overview ...................................................................................................................................... 71 MA-10 Number of Housing Units – 91.210(a)&(b)(2) ............................................................................... 73 MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) ................................................................ 77 MA-20 Housing Market Analysis: Condition of Housing – 91.210(a) ...................................................... 79 MA-25 Public and Assisted Housing – 91.210(b) .................................................................................... 81 MA-30 Homeless Facilities and Services – 91.210(c) .............................................................................. 84 MA-35 Special Needs Facilities and Services – 91.210(d) ..................................................................... 88 MA-40 Barriers to Affordable Housing – 91.210(e) .................................................................................. 92 MA-45 Non-Housing Community Development Assets – 91.215 (f) ........................................................ 94 MA-50 Needs and Market Analysis Discussion ..................................................................................... 100 MA-60 Broadband Needs of Housing .................................................................................................... 106 MA-65 Hazard Mitigation ....................................................................................................................... 110 Strategic Plan .......................................................................................................................................... 114 SP-05 Overview ..................................................................................................................................... 114 SP-10 Geographic Priorities – 91.215 (a)(1) ......................................................................................... 115 SP-25 Priority Needs - 91.215(a)(2) ...................................................................................................... 117 SP-30 Influence of Market Conditions – 91.215 (b) .............................................................................. 121 SP-35 Anticipated Resources - 91.215(a)(4), 91.220(c)(1,2) ................................................................ 122 SP-40 Institutional Delivery Structure – 91.215(k) ................................................................................ 125 587
City of Visalia 2025-2029 Consolidated Plan and 2025 Annual Action Plan

SP-45 Goals Summary – 91.215(a)(4) .................................................................................................. 128 SP-50 Public Housing Accessibility and Involvement – 91.215(c) ........................................................ 130 SP-55 Barriers to affordable housing – 91.215(h) ................................................................................. 131 SP-60 Homelessness Strategy – 91.215(d) .......................................................................................... 132 SP-65 Lead based paint Hazards – 91.215(i) ....................................................................................... 134 SP-70 Anti-Poverty Strategy – 91.215(j) ............................................................................................... 135 SP-80 Monitoring – 91.230 .................................................................................................................... 136 Action Plan............................................................................................................................................... 137 AP-15 Expected Resources – 91.220(c)(1,2)........................................................................................ 137 AP-20 Annual Goals and Objectives ..................................................................................................... 140 AP-35 Projects – 91.220(d) ................................................................................................................... 142 AP-38 Project Summary ........................................................................................................................ 143 AP-50 Geographic Distribution – 91.220(f) ........................................................................................... 147 AP-55 Affordable Housing – 91.220(g) ................................................................................................. 148 AP-60 Public Housing – 91.220(h) ........................................................................................................ 150 AP-65 Homeless and Other Special Needs Activities – 91.220(i)......................................................... 152 AP-75 Barriers to affordable housing – 91.220(j) .................................................................................. 155 AP-85 Other Actions – 91.220(k) .......................................................................................................... 157 AP-90 Program Specific Requirements – 91.220(l)(1,2,4) .................................................................... 162

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City of Visalia 2025-2029 Consolidated Plan and 2025 Annual Action Plan

Executive Summary
ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
Introduction
The City of Visalia (“the City”) is an entitlement jurisdiction for the Community Development Block Grant (CDBG) program and a participating jurisdiction for the HOME Investment Partnerships Act Program (HOME). As a requirement by the U.S. Department of Housing and Urban Development (HUD), the City develops a Consolidated Plan ( Con Plan) every five years to guide the use of federal CDBG and HOME funding. The five-year Con Plan is the guiding document for allocating these resources which support projects and programs that benefit low - and moderate-income people by increasing housing and economic opportunities, strengthening low -income neighborhoods, and addressing public service and infrastructure needs. The Annual Action Plan is also required by HUD each year of the five -year cycle and will summarize the programs and projects that will be funded by the annual grants to achieve the goals and objectives of the Con Plan. Annual accomplishments are reported on progress toward Con Plan goals in the Consolidated Annual Performance and Evaluation Report (CAPER).

Overall Summary
The City conducted several public meetings , focus groups, and public hearings to gather input from citizens, local organizations, and key community stakeholders for use in combination with relevant housing and economic data in drafting the City’s FY 2025-2029 Consolidated Plan. The City has reviewed several plans and supplemental data to gather information for the development of this Plan, including the City’s 2023 Adopted Housing Element, CAPERs, Annual Action Plans, housing needs analyses, homeless statistics, etc. Please see PR-10 for additional plans reviewed.

The City implemented a comprehensive community engagement strategy to inform the development of its FY 2025 -2029 Consolidated Plan. This strategy included a series of public meetings, focus groups, and public hearings designed to gather valuable input from citizens, local organizations, and key community stakeholders. To ensure a well -rounded approach, the City combined this community feedback with relevant housing and economic data. Concurrently, the City conducted an extensive review of existing plans and supplemental data sources. Additional documents and data reviewed included the City's 2023 Adopted Housing Element, Consolidated Annual Performance and Evaluation Reports (CAPERs), Annual Action Plans, housing needs analyses, and homeless statistics. This review process provided important context and data to support the Con Plan's development. For a complete list of additional plans consulted, please refer to section PR -10 of this document. By integrating community perspectives with comprehensive data analysis, the City has strived to create a Con Plan that accurately reflects the needs and priorities of its residents while aligning with broader housing and community development goals.

Summary of Needs Assessment Results and Goals
The City's strategy for community enhancement utilizing CDBG and HOME funds centers on several key goals, specifically including:
• Public services
• Property maintenance
• Neighborhood preservation
• Emergency shelter
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City of Visalia 2025-2029 Consolidated Plan and 2025 Annual Action Plan

• Improve community and public facilities
• Affordable housing
• Administration

The City of Visalia has developed specific strategies to achieve these goals, which are outlined in the following sections.
• Address special service needs
• Preserve homeownership
• Combat blighting conditions
• Combat homelessness
• Enhance community development
• Increase affordable housing
• Program administration
Evaluation of past performance
HUD requires an evaluation of the City’s progress of using the CDBG and HOME funds each year of the five-year Con Plan period. Over the past five-year Con Plan period, 2020 to 2024, the City has met or exceeded the majority of its goal outcomes, and the City will meet all remaining goal outcomes by the end of FY 2024/25. Table 1 below lists goals and outcome indicators from the previous Con Plan, along with progress made to date:

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City of Visalia 2025-2029 Consolidated Plan and 2025 Annual Action Plan

Table 1: Progress Toward FY 2020/21 – FY 2024/25 Consolidated Plan Goals Goal Description Need Funding
Outcome
Indicators Progress
Increase
Affordable
Housing
Improve housing opportunities for
0-80% AMI households through:
• New construction
• Particularly larger rental units
and accessible housing units
• senior housing
• homeowner mortgage
assistance
• transitional housing
• rental assistance programs
Affordable
Housing
HOME -
$3,737,560
• 7 households with
mortgage
assistance
• 11 new rental units
• 11 rental acquired/
rehabbed
• 5 new construction
– single family
• 5 households with
mortgage assistance
completed
• 11 new rental units
completed
• 50 rental units
acquired/rehabbed
completed
• 5 new construction – single
family completed
Create Suitable
Living
Environment
Code Enforcement

Provide for a suitable living
environment for all residents and
income levels by:
• Housing rehabilitation (SMHRP)
• Emergency repair and
accessibility program
Property
Maintenance
CDBG -
$1,025,000
HOME -
$125,000
• 1,000 Code cases
addressed
• 8 Emergency
repair and
accessibility
program projects
• 10 mobile homes
rehabilitated
• 4 tenant-based
rental subsidy
recipients
• 788 Code cases
addressed completed.

Remaining goal will be met
in FY 24/25
• 12 Emergency repair and
accessibility program
projects completed
• 9 mobile homes
rehabilitated completed.

Remaining goal will be met
in FY 24/25
• 7 tenant-based rental
subsidy recipients
completed
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City of Visalia 2025-2029 Consolidated Plan and 2025 Annual Action Plan

Address
Community/
Special Need
Services
Enhance programs for:
• special needs populations
• youth
• domestic abuse
• mental health services
• CoC and fair housing
• supportive services, including
case management and street
outreach
Shelter and
counseling for
homeless
CDBG -
$391,000
• 75 new case
management for
mental health
individuals
• 15 people assisted
with housing
vouchers
• 100 people
assisted -
behavioral health
services
• 5 Fair housing
activities
• 74 new case management
for mental health
individuals completed.
• 14 people assisted with
housing vouchers
completed.
• 74 people assisted -
behavioral health services
completed. Final 26 will be
completed in FY 24/25.
• 1 Fair housing activities
completed.

Address
Homeless
Needs
• provide emergency shelter for
homeless
• provide mental health services,
mental health services
• services for youth in the schools
• substance abuse treatment,
domestic violence support
• support services for elderly
(meals, transportation)
• rent/utility payments
• Tenant Based Rental Assistance
(TBRA)
• expanded voucher program
Public
Services
CDBG -
$242,875
• 2,000 people
assisted through
Continuum of Care
• 70 households
assisted with case
management
/street outreach
• 2,007 people assisted
through Continuum of Care
completed
• 74 households assisted
with case management
/street outreach completed
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City of Visalia 2025-2029 Consolidated Plan and 2025 Annual Action Plan

Enhance
community
development
• improve public infrastructure in
the City’s LMI residential areas
street and ADA sidewalk
improvements, including
acquisition of right-of-way
• improve community facilities
particularly accessibility
• improve park and recreation
facilities
• safety improvements
Improve
community
and public
facilities
CDBG -
$3,888,145
• 5 ADA compliance
projects
• 1 Public
infrastructure
improved
• 1 public facility
improved
• 1 public park
improved
• 2 ADA compliance projects
completed
• 1 public infrastructure
facility developed
• 1 public park improved
underway will completed in
FY 24/25
Administration
and planning
• provide planning and
administration services for City’s
CDBG and HOME
Program
administration
and planning
CDBG -
$1,355,505
HOME -
$421,770
• Program
administration
Completed

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Summary of citizen participation and organization consultation processes Beginning in July 2024, the City implemented a comprehensive community engagement strategy to ensure broad and meaningful participation in the planning process. This strategy included:

• Surveying residents, local businesses, and community organizations; • Leading two focus groups for organization consultations; • Hosting a public hearing during the City’s monthly City Council meeting (September 3, 2024);
• Presenting at a monthly Citizens Advisory Committee (CAC) meeting (September 4, 2024); and
• Facilitating a virtual public meeting (September 9, 2024).

Citizen and organization online questionnaires
To initiate its citizen participation process, t he City created a 36-question Citizen Questionnaire (English and Spanish) and a 29 -question Organization Questionnaire in Microsoft Forms designed to elicit feedback about community needs for housing, supportive service, economic and workforce development, planning and community development, and homelessness.

Both questionnaires were open for responses from July 12, 2024, to August 2, 2024, however the Organization Questionnaire was relaunched twice ( August 12 -16, 2024, and September 25 - October 4, 2024 ) at the request of several organizations and in an effort to collect additional feedback. Additionally, the Citizen Questionnaire also relaunched between September 6 -13, 2024, also to elicit additional resident feedback. Overall, the Organization Questionnaire Survey had 23 respondents, whereas the Citizen Questionnaire had 122 individual responde nts. No responses were received for the Spanish Citizen Questionnaire.

The City’s Housing Division created two additional surveys to poll attendees at two events – the 2023 Farmworker Women’s Conference on housing and community development needs and the CAC meeting on September 4, 2024. These surveys asked about supportive se rvice, housing, economic development, infrastructure, and community facility needs.

Focus groups
To prepare for the execution of the stakeholder focus groups, agencies were invited to register via Microsoft Forms to attend any of the two virtual focus groups being offered to provide their input. Focus groups were scheduled across a one-week timeframe for the following dates and times:

• Focus Group 1: Wednesday, September 25, 2024, 9:00 A.M. PST – 11:00 A.M. PST • Focus Group 2: Wednesday, October 2, 2024, 9:00 A.M. PST – 11:00 A.M. PST

A total of 46 agencies were invited to participate in the virtual focus group sessions; 14 individuals representing 11 agencies participated in at least one focus group. Agencies invited included, but were not limited to: housing providers, health service providers, social service providers, organizations representing protected classes, fair housing, education agencies, and real estate organization. During the focus groups, a variety of open-ended questions were asked to address the following topics while increasing dialogue among the groups:

• Populations most in need of assistance
• Greatest unmet needs and gaps in services among qualifying populations 594
City of Visalia 2025-2029 Consolidated Plan and 2025 Annual Action Plan

• Potential project ideas that may be eligible under the CDBG and HOME programs

Public hearing, CAC, and public meeting
The City hosted and presented at three public engagement events to gather community input. A public hearing was held on September 3, 2024, a CAC meeting was held on September 4, 2024, and a virtual public meeting was held on September 9, 2024. The hearing and meetings were designed to solicit input regarding pressing community and housing needs throughout the City.

Events include a public hearing (September 3, 2024), and CAC meeting (September 4, 2024), and a virtual public meeting (September 9, 2024). Des igned to solicit feedback from both the general public and City Council members, these meetings were advertised across several platforms (i.e. email blast to 77 community organization point s of contact, publication in a local newspaper, flyers, the City’s website and social media channels) to ensure broad participation.

This comprehensive approach aimed to identify and prioritize the most pressing community and housing needs in Visalia, ensuring that the City's planning efforts were well -informed by diverse perspectives from residents and officials alike.

Summary of public comments
A summary of all comments received and staff’s response to those comments can be found in Appendix B: Response to Comments.

Summary of comments or views not accepted and the reasons for not accepting them Not applicable – feedback received during and upon completion of both public comment and public hearing processes were considered and analyzed as part of the Con Plan development process. The City has reviewed and accepted all comments.

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The Process
PR-05 Lead & Responsible Agencies 24 CFR 91.200(b)
Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Table 2: Agencies
Agency Role Name Department/Agency
Lead Agency City of Visalia Finance Department - Housing Division CDBG Administrator City of Visalia Finance Department - Housing Division HOPWA Administrator N/A N/A
HOME Administrator City of Visalia Finance Department - Housing Division HOPWA-C Administrator N/A N/A
Narrative
The City of Visalia (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs at the City of Visalia. The City’s Finance Department, Housing Division administers the funds it receives under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs.

Consolidated Plan Public Contact Information

Margie Perez, Housing Specialist
City of Visalia Finance Department-Housing Division
Email: [email protected]
Phone: (559) 713-4460
707 West Acequia Avenue
Visalia, CA 93291

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PR-10 Consultation - 91.100, 91.200(b), 91.215(l)
Introduction
The City undertook a comprehensive community and stakeholder engagement process to gather feedback on community needs, priorities, and project ideas for funding through CDBG and HOME funds. This process included input from residents, agencies, organization s, public officials, and other stakeholders. The feedback was inclusive of various areas such as housing, supportive services, economic and community development, and infrastructure/facilities. To facilitate this effort, the City enlisted the consulting services of Baker Tilly Advisory Group.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)).

During the preparation of the Con Plan, a comprehensive range of agencies and organizations were engaged, as detailed in Table 3. These entities provide a variety of services, including health and human services, mental health services for children and families, drug treatment, homeless services, support for victims of domestic violence, transitional living services, housing, education, disability services, employment services, and services for the elderly. Additionally, local and regional government agencies were also included.

Engagement with these entities occurred through various methods, such as surveys and focus groups. The Citizen and Organization Questionnaires collected extensive feedback on City needs, service gaps, and the effectiveness and sufficiency of facilities and services. The Organization Questionnaire was complemented by focus groups, where agencies and organizations shared more detailed observations on City needs and project ideas based on their experiences with the populations they serve. Additionally, City staff met with the CAC, which serves as a liaison between the public and the City Council, to present an overview of the Con Plan and gather detailed feedback on community needs.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Kings/Tulare Homeless Alliance (KTHA) is the San Joaquin Valley continuum of care which includes homeless service providers, advocacy groups, government agencies, and homeless individuals. KTHA promotes quality of life for homeless individuals by improving access to housing and to supportive services like health, education, and employment . City staff regularly meets with KTHA to understand the needs and challenges facing homeless populations and to coordinate strategies that ensure effective regional collaboration in helping homeless individuals and families achieve maximum self -sufficiency. The City supports KTHA by providing grant funding for the annual Point-In-Time (PIT) Homeless Census and counts, the Project Homeless Connect events, and the ongoing administration of the HUD Homeless Management Information System (HMIS).

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS.

The City does not currently receive Emergency Solutions Grant (ESG) funds.

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Describe agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities
The agencies and organizations listed in Table 3 below were consulted via questionnaires and focus groups and provided input on housing and service needs for the populations they serve. This included ideas for projects to be funded by CDBG and HOME funds.

The City engaged a diverse range of agencies, groups, and organizations (i.e., housing providers, social service agencies) in the consultation process to gather comprehensive input on housing and service needs. As detailed in Table 3, entities were consulted through questionnaires and focus groups. They provided valuable insights into the needs of the populations they serve, including suggestions for projects to be funded by CDBG and HOME funds.

Through these engagements, the City collected extensive feedback on community needs, service gaps, and the effectiveness and sufficiency of existing facilities and services. This collaborative approach ensured that the perspectives and experiences of vario us stakeholders were incorporated into the planning process, ultimately guiding the development of strategies and projects aimed at addressing the identified needs.

Table 3: Agencies, groups, and organizations who participated No Agency / Group /
Organization Name
Agency /
Group /
Organization
Type
Section of Plan
addressed by
consultation
How was the Agency /
Group / Organization
consulted and what are
the anticipated outcomes
of the consultation or
areas for improved
coordination?
1 Self-Help Enterprises
Community
development
corporation
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey.
2 Lindsay Healthy Start
Family Resource
Center
Social service
organization
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey.
3 Proteus, Inc.

Community
development
corporation
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey.
4 RH Community
Builders LP
Social service
organization
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey.
5 Visalia Rescue
Mission
Social service
organization
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey.
6 Central CA Legal
Services
Legal aid
services
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey. Discussed needs of
the populations the
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City of Visalia 2025-2029 Consolidated Plan and 2025 Annual Action Plan

organization serves via
participation in a focus
group.

No Agency / Group /
Organization Name
Agency / Group
/ Organization
Type
Section of Plan
addressed by
consultation
How was the Agency /
Group / Organization
consulted and what are
the anticipated outcomes
of the consultation or
areas for improved
coordination?
7 Tulare County
Library-Visalia Branch
Other public
entity
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey.

9 Tulare County HHSA Regional
government unit
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey. Discussed detailed
needs of the populations the
organization serves via
participation in an agency
focus group.
10 Kingsview
Housing
counseling
agency
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey. Discussed detailed
needs of the populations the
organization serves via
participation in an agency
focus group.
11 Tulare County Office
of Education Foster
and Homeless Youth
Services
Other public
entity
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey. Discussed detailed
needs of the populations the
organization serves via
participation in an agency
focus group.
12 Tulare County Health
& Human Services
Agency
Social service
organization
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey. Discussed detailed
needs of the populations the
organization serves via
participation in an agency
focus group.
13 The Source LGBT+
Center
Civil rights
organization
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey.
14 Visalia Senior
Housing
Community
development
corporation
• Needs assessment
• Strategic plan
• Annual action plan
Contributed views on
community needs via the
Community Organization
Survey.
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