Visalia City Council
July 21, 2025

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

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BID NO. 24-25-38

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
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I. DEFINITIONS
For the purposes of RFB NO. 24-25-38 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. 24-25-38.

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

This contract is for the maintenance of approximately 287,104 sq. ft. (6.591 acres) Refer to Attachment D-1 and D-2 of this RFB for square footage and location details.

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

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

Wednesday, June 11, 2025 at 10:30 AM
Time will be set aside at these meetings for Contractors to ask questions about the project work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job sites, scope of work and any problems or difficulties that may affect the work proposed.

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

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

Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address. 877
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The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

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

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

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

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

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

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

The City of Visalia reserves the right to reject any or all bids. 878
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III. INSTRUCTIONS TO BIDDERS

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

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

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

From: Bidders Name & Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
In lower left-hand corner of envelope, mark bid as follows:

Landscape Maintenance of Quadrant P
RFB NO. 24-25-38
Bid Submittal Deadline: June 24, 2025 at 2:00pm
Delivery of Bid: When sending a bid via Fed Ex, UPS, etc., it is the responsibility of the Bidder to ensure that Bid is received during open office hours. Office Hours are 7:30am – 5:00pm Monday through Thursday. We are closed on Fridays and major holidays. Bids are not delivered or received when office is closed.

The City utilizes an outside service for delivery and sorting incoming mail, and therefore, mailing a bid via U.S. Mail is not recommended as there could be a delay in receiving bids by the deadline. Bids must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.

Night Drop Box: If delivering a bid after hours, a Night Drop Box is located at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is labeled “Night Drop” and is located on the building across from the bicycle racks. The Night Drop Box should only be utilized if City Offices are Closed. The Night Drop Box is checked prior to the bid deadline.

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

5. Submit each of the required Certifications, Affidavits, Assurances, Statements and Questionnaires as well as optional waiver(s) to the City with the sealed Bid. The city will not consider Bids which are not accompanied by the required completed forms. 879
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6. Submit a copy of Bidder’s valid Pesticide Applicator’s License (QAL) Category B and a copy of Bidder’s valid Maintenance Gardener Pest Control Business License. If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL Category B) and a valid Maintenance Gardener Pest Control Business License, the Bidder must properly identify the subcontractor on the Subcontractor Listing Form with the bid. All Subcontractors must be DIR Registered and maintain registration to perform work under this contract.

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

Questions regarding this RFB are due no later than 4:00pm on Friday, June 13, 2025.

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

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

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

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

This exception will only apply for the duration of the current maintenance contract.

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

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

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

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

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

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

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

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

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

Final payment will be reduced by the cost of these repairs and replanting.

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

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

The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service shall be reduced and the effective day of service reduction. City will also 881
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automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.

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

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

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

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

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

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

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

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

5. Property Owner Concerns. Contractor must make every attempt to satisfactorily address concerns and issues presented by residents of the district. As soon as the contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s name and phone number if possible), and what action was taken or will be taken by the contractor to address the concern. 882
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Failure of the Contractor to abide by these terms and meet addressed concerns of the Quadrant’s residents will result in a $100 liquidated damages assessment or contract termination. The amount of damages for these types of issues is difficult to estimate, therefore a $100 liquidated damages assessment (per incident) shall represent costs incurred by the City in responding to complaints concerning the Contractor.

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

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

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

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

9. Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor for any chemicals while performing this contract.

Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue. Contractor shall not use pesticides in Category 1 (no chemicals with LD50 levels lower than 500 mg/km).

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

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

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

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

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

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

All trash and debris are to be removed and disposed of at intervals established by the Level of Service assigned to the area and at the contractor’s expense. 883
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12. Emergency Response. Contractor must be able to respond immediately to emergencies.

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

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

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

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

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

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

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

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

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

The contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:
 Sprinkler heads
 Sprinkler risers
 Quick coupler valve boxes
 Hose bib boxes
 Remote control valves
 Remote control valve boxes and covers
 Maintain and replace batteries in battery operated controllers on a continual basis
 All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
 Proper solenoid replacement should be completed with dry and tight connections  Minor graffiti removal from irrigation controllers
 Controllers to be kept free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller
If contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Visalia reserves the right to bill contractor for excess amount of water in addition to assessing a liquidated damage assessment of 885
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$100 per incident. Because It is difficult to estimate the potential losses in water and the costs for City response time to complaints from residents, $100 has been established as a reasonable assessment.

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

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

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

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

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

Problems reported to Project Manager or designated representative will be repaired within twenty-four (24) hours. Failure to complete repair or notify Project Manager of any delay to repairs may be cause for liquidated damage assessment of $100 per incident or termination of contract if multiple breaches occur.

Water leaks or stations must be turned off within two hours (2 hrs.) on the day reported to save water. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement.

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

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

If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Project Manager.
c. Repairs. Irrigation systems which are damaged by vandalism or in any way as a result of work performed under this contract must be repaired or replaced in kind and in an approved manner by the contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the contractor with the use of digital photos or video tape and supplied to the Project Manager as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.
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The contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Project Manager for reimbursement of the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST.  Normal Repairs = Contractor is responsible for all normal repairs (i.e. Main line (including from water service meter to the back flow), valves, control wires, sprinklers, nozzles, lateral lines, etc.) The City is not responsible for any repairs needed past the irrigation controller. The backflow devices annual maintenance/testing will be the responsibility of the City of Visalia. All normal repairs are the sole responsibility of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident.
 Major Repairs = City is responsible for funding major repairs, which include repairs to Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contractor to repair and make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager prior to any work being done. Contractor is responsible to report in writing any issues with these devices to the Project Manager for authorization to repair or replace.

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

Water applications on turf and ground cover areas shall generally be applied between 12:00 a.m. and 6:00 a.m. where possible, to lower the risk of fungus in turf. Drip stations may be operated during daytime hours.
e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, and unless otherwise specified shall be scheduled Tuesday through Sunday. No watering shall be allowed on Monday without prior approval of Project Manager. Irrigation program shall be set up so that no water is applied to turf 48 hours prior to mowing. Overhead systems shall not be operated between 8:00 a.m. and 6 p.m.

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

A proposed quarterly schedule of watering shall be provided to the Project Manager one (1) month after award of contract. Each time the schedule is changed a new updated schedule must be provided to the Project Manager. 887
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f. Ground Cover. Sufficient amounts of water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not over water or waterlog soil.
g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color.

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

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

Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.

2. Weed Control.
a. Weed control clarification. For the purpose of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place.  Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept weed free at all times.
 Complete removal of all weed growth is to be accomplished by the Level of Service assigned to the area. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the contractor.
 Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.
 Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling.
b. Use of Chemical Herbicides. The contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department 888
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of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the contractor's employees during chemical weed control operations. The Project Manager may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager.

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

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

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

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

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

All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances. 889
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Mature tree canopies must be maintained above eighty-four (84) inches above soil grade for site line visibility. Newly planted, young or non-mature trees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.

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

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

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

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

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

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

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

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

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

Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion. 890
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Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.

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

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

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

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

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

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

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

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

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

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

Once the Project Manager has requested that fertilization is necessary the Contractor shall notify Project Manager at least ten (10) days before any fertilizer applications. Receipts for the 891
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Contractor’s purchase of the approved fertilizer will be required and must be submitted to the Project Manager with monthly invoice.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

All turf areas shall be maintained at a level that will ensure a healthy, green color and uniform growth.
c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on an as needed basis by chemical or manual method when requested by Project Manager. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and Mid-November of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf 893
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weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor shall provide Project Manager a quote for work prior to work being started and shall not perform work without Project Manager’s approval of quote. Contractor will be required to notify the Project Manager of the application dates and provide a schedule of areas treated as completed.
d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.

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

Turf renovation to remove accumulated thatch from all sites under this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).

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

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

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

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

Project Manager will furnish square footage and locations for aerification.

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

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

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

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

10. Vegetation. All vegetation areas must be kept free of weeds, trash, leaves, grass clippings, etc. at all times. The contractor is responsible for removal of suckers, limb growth, and all pruning of trees that can be reached with a twelve-foot (12’) pole saw to a minimum height of eight (8) feet, by a person standing on the ground as part of this contract. Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees. Mowing shall be performed as weed control bi-weekly.

Note: If and when using a blower or other power equipment, Contractor shall comply with the City’s Municipal Code 8.36.050 Exterior noise standards--Mobile noise sources prohibition against use. It is unlawful to operate any of the below-listed devices, appliances, equipment, or vehicles on public or private property abutting noise sensitive land uses between the weekday hours of seven p.m. and six a.m., and between the weekend hours of seven p.m. and nine a.m. a. Power-assisted leaf blowers, lawn mowers, edgers, or other power equipment used for the maintenance of property;
b. Vehicle equipment, which equipment is not expressly regulated by state or federal statute, such as car radios or sound amplification equipment which is audible more than twenty-five (25) feet from the exterior of vehicle;
c. Construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment, except for emergency repair purposes as provided in Section 8.36.070.

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

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

However, it will be the responsibility of each vendor, prior to submitting the competitive bid, to contact the Purchasing Division, 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make such addenda a part of the competitive bid. 895
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D. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements This contract is considered a public works maintenance contract and therefore, subject to DIR monitoring.

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

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

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

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

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.  As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
 As set forth in CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.  As set forth in CLC section 1771.4(a) (2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html.  The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.  In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.  In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; 896
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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, 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. 897
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 Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.  The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).
 As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including, but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.  The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:
 As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.
10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp E. CITY OF VISALIA LABOR COMPLIANCE MANUAL
Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into this RFB and 898
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subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

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

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

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

If Contractor decides not to consent to renewal by the City, then they must provide the City Project Manager with a written notice of non-renewal at least sixty (60) days prior to the renewal date.

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

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

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

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

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

D. APPROXIMATE ESTIMATE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comparison of bids, and the City of Visalia does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or 899
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decrease the amount of any class or portion of work, or to omit portions of the work, as the City may deem necessary or advisable, at the prices bid.

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

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

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

Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the bid.

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

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

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

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

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

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

When bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City of Visalia prior to opening bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.
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H. WITHDRAWAL OF BIDS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, only by written request for the withdrawal of the bid filed with the Purchasing Manager. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the opening of bids.

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

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

Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount will be read aloud. A bid summary will be prepared at that time. No other information will be provided until after bids have been fully examined and accepted. No bids will be received, nor considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender.

K. INCURRING COSTS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.

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

The following procedures shall apply in regard to appeals:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. REFERENCES
Where indicated on Bid Forms, Bidder shall include a list of three (3) accounts, complete with locations, that have been maintained for at least three (3) years, and that are similar in size and characteristics to those listed in these contract documents.
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D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement at the same prices, terms, conditions and specifications. Each agreement between a public agency and the successful contractor shall be found to be a separate and distinct legal and binding obligation of the successful contractor. The City of Visalia shall incur no responsibility in connection with purchase or agreement between another agency and the contractor.

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

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

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

F. FAILURE TO EXECUTE CONTRACT
Failure of the lowest responsible bidder, the second lowest responsible or third lowest responsible bidder to file acceptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal holidays, after such bidder has received notice that the contract has been awarded to him may be just cause for the annulment of award.

X. CONTROL OF WORK
A. CITY-CONTRACTOR RELATIONS
Project Manager’s Responsibility and Authority. All work shall be done under the general supervision of the project manager or his designee(s). The contractor shall bear all responsibility for, and have all control over, in accordance with the bid specifications, the means, methods, techniques, sequences and procedures of the work and safety precautions or programs, and the project manager shall not have control over, nor bear responsibility for same. Nor will the project manager have control over nor bear responsibility for the acts or omissions of the contractor, sub-contractors, their agents, or employees, or for failure of any of these to carry out the work in accordance with the contract documents. The project manager has the right to reject work that does not conform to the contract documents. The project manager shall decide any and all questions which may arise as to the quality and acceptability of work performed, rate of progress of work, and all questions as to the acceptable fulfillment of the Contract on the part of the contractor.

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

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

Subcontracts. As specified by the contract documents the contractor shall submit in writing to the City the names of the subcontractors proposed for the work. The contractor is responsible to the City for the acts and omissions of his subcontractors, and of their direct and indirect employees, to the same extent, as he is responsible for the acts and omissions of his employees. The contract documents shall not be 903
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construed as creating any contractual relationship between any subcontractor and the City. The contractor shall bind every subcontractor by the terms of the contract documents.

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

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

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

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

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

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

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

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

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

Qualifications of Employees

1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner. 904
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2. The contractor and all employees shall conduct themselves in a proper and efficient manner so as to cause the least annoyance to the public. The project manager may require the contractor to remove any careless, incompetent, or objectionable employees whose continued presence is judged to be not in the City’s best interest.

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

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

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

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

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

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

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

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

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

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

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.
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B. MEASUREMENT AND PAYMENT
The contractor will be paid monthly in arrears for work satisfactorily performed under this contract. After completed work has been inspected and approved, payment will be made in no more than thirty (30) working days.

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

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

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

Areas with Planters and Turf:

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

Area Cost Estimate Trash/Debris Ground
Cover
and
Shrubs
Trees Irrigation Weed Control
10% 25% 25% 15% 25%
 If an inspection by City indicates an area is out of compliance, the City shall:
o Notify the Contractor in writing of the area that the inspection showed was incomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory, o List the amount that the City will withhold if the area is not brought into compliance, and o List a date that re-inspection by the City shall occur. 906
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 If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.
 If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment.  The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.

D. EXTRA WORK
The contractor shall do no extra work except upon written order from the City. For such extra work the contractor shall receive payment as agreed upon in writing. The contractor shall furnish the project manager with report sheets in duplicate for each day’s extra work no later than the working day following the performance of said work. After comparison with the project manager’s records, any necessary adjustments shall be made. The reports shall be signed by both parties before they become a basis of payment for the work performed. Payment for extra work shall be made at the unit price or lump sum previously agreed upon by the contractor and the project manager.

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

B. TERMINATION OF CONTRACT

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

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

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

4. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
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5. In the event of termination, Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

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

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

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

G. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Prior to the award of any contract, the potential contractor may be required to certify in writing to the Purchasing Manager that no relationship exists between the contractor and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.
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H. PREVAILING WAGES & LABOR LAWS
Consultant must comply with State and Federal Regulations that apply to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations.

Labor Laws. The contractor, and all subcontractors, suppliers, and contractors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Contractor shall also adhere to the requirements of State Labor Code Sections 1810 and 1815 pertaining to working hours and overtime rates of pay. The contractor or any subcontractor performing work or subcontracting to do any of the work contemplated by this contract shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854).

I. INSURANCE AND INDEMNIFICATION
Contractor agrees to indemnify, defend, and hold harmless the City of Visalia, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with contractors (or contractors subcontractors, if any) performance or failure to perform, under the terms of this contract; except to the extent those which arise out of the negligence of the City of Visalia.

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

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

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

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

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

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

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

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

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

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

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

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

N. NOISE LEVELS
Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter 8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city. 910
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O. PERSONNEL PROTECTIVE EQUIPMENT
Meet requirements of NIOSH (National Institute for Occupational Safety and Health), and SHA (Mining Safety and Health Act of 1977), where applicable, as well as ANSI (American National Standards Institute.)
P. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Q. COMPLIANCE WITH LAWS
Contractor shall, in the performance of work under this contract, fully comply with all applicable Federal, State or Local laws, rules regulations or ordinances and shall hold the City harmless from any liability resulting from failure of such compliance.

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

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

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

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

CITY OF VISALIA, CA
RFB 24-25-38, LANDSCAPE MAINTENANCE OF QUADRANT P
In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-38 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, transportation, fuel, appurtenances, and incidentals required to perform Landscape Maintenance Service as set forth in accordance with the specifications, terms and conditions of this Request for Bid, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

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

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

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

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

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

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

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

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

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

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

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

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

LANDSCAPE MAINTENANCE OF QUADRANT P, PER SPECIFICATIONS OF RFB 24-25-38 Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage) X
Unit Cost
(Monthly) =
Monthly Price
Turf (including irrigation maintenance) 33,750 X $________/sq. ft. = $_____________ Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 253,354 X $________/sq. ft. = $_____________ Total Monthly for Level A Service $_____________
Alternate Bid Item: Contractor’s Hourly Rate
Applicable only to major repairs or Extra Work as authorized by Project Manager. $__________per hour
_______________________________________________________________________________________________________________ Bidding Company’s Name Business Address City State Zip
______________________________________________________________________________________________________________ Authorized Signature Date Printed Name of Person Authorized to sign ________________________________________________________________________________________ Telephone No. Fax No. Email Address
CITY OF VISALIA BUSINESS TAX CERTIFICATE NO: ____________________________ (A City Business License is not required to submit a bid; however, vendor is required to obtain a City Business License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326
FEDERAL TAX I.D. NO: __________________________________ 913
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Name of Bidding Agency:____________________
BIDDING CONTRACTOR’S D.I.R. REGISTRATION #__________________________________ BIDDER HAS INCLUDED THE FOLLOWING WITH THIS BID:
10% Bid Guarantee Bond Yes______ No________
Copy of Pesticide Applicator’s License (QAL) Category “B” Yes____ No________ Copy of Maintenance Gardener Pest Control Business License Yes______ No________ If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL category B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.

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

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

Company Name Address Tel. No. Contact
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

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

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

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

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

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

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

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

BID GUARANTEE
Known all men by these presents:

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

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

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certain construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 24-25-38
Project: Landscape Maintenance of Quadrant P in Visalia, CA NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this _______________________________ day of _______________________________, 2025 Company (Principal): ______________________________________________ Business Address: ______________________________________________ Signature:______________________________________________ Date:____________________ Name of Signing Official: _____________________________________________________________Title:_____________________ Company Seal (if any):

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

Note: Signatures of those executing for the surety must be properly acknowledged. 918
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EXHIBIT “B-4”
Submit with Bid

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

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

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

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

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

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 919
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EXHIBIT “B-5”
Submit with Bid
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

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

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
920
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EXHIBIT “B-6”
Submit with Bid

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

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-7”
Submit with Bid
Ownership Disclosure and California Levine Act Statement 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.
__________________________________________________________________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual Date 922
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EXHIBIT “B-8”
Submit with Bid

STATE OF CALIFORNIA

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

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

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

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

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

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

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

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

Signature:____________________________________ Printed Name:_________________________ Title:______________________________________ Agency Name:_____________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years. 924
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EXHIBIT “C”, Sample Contract – do not submit with Bid

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT P
(City of Visalia Bid No. 24-25-38)
This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 24-25-38 (the “Project”); and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

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

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

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

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

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

ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB 24-25-38, Landscape Maintenance of Quadrant O, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-38

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 24-25-38.

4. CITY COMMITMENTS:

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

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

5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

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

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement.

Requests filed after this time will not be considered.

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

Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of Total Compensation: $ Not to exceed Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Contractor’s itemized invoice. 926
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movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

CONTRACTOR
Dated: _______________ By:

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

CITY OF VISALIA
Dated: _______________ By: _________________________________________________ City Manager
Dated: _______________ By: _________________________________________________ City Attorney
Dated: _______________ By: _________________________________________________ City of Visalia Risk Manager
Dated: ________________ By: _________________________________________________ City of Visalia Project Manager
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Exhibit “C”
Attachment 1

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

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

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

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

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

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

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

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

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

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY. 928
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J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

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

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

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

N. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 929
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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

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

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

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

4. Other Insurance Provisions.

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

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

5. Endorsements.

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

6. Proof of Coverage.

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

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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Addendum #1 Page 1 of 1

City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
(559)713-4334
[email protected]

CITY OF VISALIA, CA
REQUEST FOR BIDS RFB No. 24-25-38

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF QUADRANT P ADDENDUM NO. 1
Issued: Wednesday, June 11, 2025
Bids Due: Tuesday, June 24 2025 at 2:00pm
Addendum is being issued to provide responses to questions. This addendum becomes part of the RFB 24-25-38 document and must be signed and submitted with Bid.

ITEM 1: QUESTIONS/RESPONSES
Q1: Who is the incumbent and what is the current contract valuation? R1: The current contract for Quadrant P is a temporary month to month contract with Perfect Care Landscape & Maintenance. See Attachment 1 for contract amount.

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

By:

Bidder’s Signature
Attachment 1: Quadrant P – Contract Amount
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City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
(559)713-4334
[email protected]

CITY OF VISALIA, CA
REQUEST FOR BIDS RFB No. 24-25-38

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF QUADRANT P ADDENDUM NO. 2
Issued: Monday, June 16, 2025
Bids Due: Tuesday, June 24 2025 at 2:00pm
Addendum is being issued to provide responses to questions and to confirm prevailing wages. This addendum becomes part of the RFB 24-25-38 document and must be signed and submitted with Bid.

ITEM 1: QUESTIONS/RESPONSES
Q1: Can I please see the last winning bid awards from the normal bid process for the O, N, P districts? R1: The bid for Quadrant P was previously advertised in 2020. The low bidder was Perfect Care Landscape & Maintenance, and their bid amount at that time is below. Square footages have been added since then. Refer to the bid document for the current square footages. Refer to Addendum #1 for the temporary current month to month contract amount.

Q2: Do you have an approximate work start date?
R2: The estimated start date is September 1, 2025.

Q3: Could you please provide a copy of the pre-bid sign in sheet? R3: Please see attached.
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Q4: Are there any considerable differences in this new scope of work from the existing scope performed by the current month to month contractor?
R4: There are no major changes from the previous scope of work. The new RFB does contain adjusted levels of service under Section VI. Scope of Work/Services, subsection A.

Q5: Is there a confirmed date and time the award will be announced? R5: All bidders will be notified in writing of the City’s intent to award. The notice of intent to award will list the awarded bidder and the date and time of the Visalia City Council Meeting at which award will be made.

Q6: When can contractors charge for irrigation repairs? R6: Contractors can charge for irrigation damage caused by vandalism and repairs deemed Major Repairs.

Please see section B. Landscape Maintenance – Specifications, sub-section C. for details.

Q7: After a contract is awarded, when does the contractor start to receive a written notice that an area is out of compliance and when does a pay reduction take place? R7: Please see section V. Contract Acceptance After Award for details. There are different timeframes dependent on the acreage of the contract. This section, however, does not exclude the contractor from receiving inspections and/or deductions for areas of maintenance that are not included in the contractor’s initial inspection or new maintenance deficiencies after the contractor’s inspection.

Q8: If a contractor holds contracts right now, can they be a subcontractor? R8: If a contractor is bidding on this project, they may not be listed as a subcontractor for the same bid.

If a contractor holds contracts for different projects and will not be bidding on this current project, they may be listed as a subcontractor for the current bid.

Q9: Can a subcontractor be added after the bid closes?
R9: No, subcontractors must be listed at the time the bid is submitted.

ITEM 2: PREVAILING WAGES
Prevailing wages were checked on Monday, June 16, 2025. There were no updates to the state wages.

State wages originally posted with this RFB remain in effect.

END OF ADDENDUM NO. 2
/s/ Purchasing Division
(559) 713-4334
Bidder to sign and submit with Bid
Firm: Date:

By:

Bidder’s Signature
Attachment 1: Pre-Bid Sign-in Sheet

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Attachment 1:

Non-Mandatory Pre-Bid Sign-in Sheet
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959
960
BID NO. 24-25-38

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
Of QUADRANT P
52 of 58
EXHIBIT “C”, Sample Contract – do not submit with Bid

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT P
(City of Visalia Bid No. 24-25-38)
This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 24-25-38 (the “Project”); and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the project; and

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

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

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

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

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

Additionally, this Agreement may be terminated for convenience by the CITY, in whole or in part, by giving the CONTRACTOR fifteen (15) days’ written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds. Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.
961
BID NO. 24-25-38

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
Of QUADRANT P
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2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB 24-25-38, Landscape Maintenance of Quadrant O, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-38

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 24-25-38.

4. CITY COMMITMENTS:

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

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

5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

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

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement.

Requests filed after this time will not be considered.

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

Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of Total Compensation: $ Not to exceed Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Contractor’s itemized invoice. 962
BID NO. 24-25-38

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
Of QUADRANT P
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movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

CONTRACTOR
Dated: _______________ By:

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

CITY OF VISALIA
Dated: _______________ By: _________________________________________________ City Manager

Dated: _______________ By: _________________________________________________ City Attorney

Dated: _______________ By: _________________________________________________ City of Visalia Risk Manager
Dated: ________________ By: _________________________________________________ City of Visalia Project Manager
963
W Porter Ave
W Sedona Ave W Sedona Ave
W Tyler Ave
W Glendale Ave
W Glendale Ave
W Porter Ave
W Porter Ave
W Corvina Ave
N Divisadero St
N Fairway St
W Flagstaff Ave
W Sedona Ave
N Turner St
Turner St
Jacob St
N Giddings St
Sowell St
W Payson Ave
W Prescott Ave
Prescott Ave
A St
Oak Park St
S
Shannon Ranch 3 Shannon Ranch 9&12
Units 5,7,8
Shannon Ranch 3
Units 1,2,3,4,6 Shannon Ranch 3
Phase 10 & 11
Shannon Ranch #3 13,14
Highland Park Ph 1
Highland Park
Pocket Park 1
964
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0306 Agenda Date: 7/21/2025 Agenda #: 31.

Agenda Item Wording:

Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-16 to adopt Zoning Text Amendment No. 2025-01: A request by the City of Visalia to amend text within the Visalia Municipal Code Title 17 (Zoning Ordinance) to clarify and facilitate City Council adoption of Single-Family Residential Objective Design Standards and Planned Residential Development standards applicable to new single-family residential developments by Resolution rather than by Ordinance.

Prepared by:

Brandon Smith, Principal Planner, [email protected], (559) 713-4636; Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025.

Department Recommendation: Staff recommends that the City Council adopt the second reading of Ordinance No. 2024-16, to amend portions of Municipal Code Title 17 (Zoning Ordinance) to clarify and facilitate City Council adoption of Single-Family Residential Objective Design Standards (ODS) and Planned Residential Development (PRD) standards applicable to new single-family residential developments.

Summary:

The first reading of Ordinance No. 2024-16 for Zoning Text Amendment (ZTA) No. 2025-01, approved by the City Council on June 16, 2025, was initiated by staff to complete the necessary administrative revisions to the Zoning Ordinance related to the adoption of new ODS and to “close the loop” on the administrative enforcement of the ODS.

This Zoning Text Amendment is a follow-up to the City Council’s action taken on April 21, 2025, to adopt a set of Objective Design Standards and Planned Residential Development Standards by resolution as opposed to the staff recommendation of adoption by ordinance. Adoption by resolution allows for the standards to be modified or revised in the future without holding multiple public hearings. As a result of the City Council’s vote, Resolution No. 2025-30 was later presented to and adopted by the City Council on May 5, 2025. As a result of the adoption of Resolution No. 2025-30, the ODS are only specified in the resolution without corresponding section numbers, and there would be no mention in the Zoning Ordinance of the ODS requirement which is now in effect.

Thus, Zoning Text Amendment No. 2025-01 and Ordinance No. 2024-16 were initiated by staff to add references of these standards to the Zoning Ordinance and to clean up related obsolete language in the Zoning Ordinance.

Background Discussion:

The Ordinance is being conducted for the following purposes:
1) Complete the removal of redundant or obsolete objective design standards currently in the Zoning Ordinance for single-family residential lots with area less than 5,000 square feet (Section 17.12.135).

The ODS work in tandem with other existing objective standards that address residential development standards in the review of eligible development applications. Such development Visalia City Council Page 1 of 3 Printed on 7/18/2025 powered by Legistar™965
File #: 25-0306 Agenda Date: 7/21/2025 Agenda #: 31.
development standards in the review of eligible development applications. Such development standards for traditional single-family residential lots, found in Chapter 17.12 Article 1, and for lots below 5,000 square feet in size, found in Section 17.12.135(B), are not affected by ODS (i.e. setbacks, height).

However, many objective design standards found in Section 17.12.135 that were intended to apply exclusively to lot sizes below 5,000 square feet have been superseded with the now-approved ODS standards that are applicable to all development in Single-Family Residential zone districts. As a result, certain objective standards in Section 17.12.135 are being removed. Below is a brief list of objective standards being removed from Zoning Ordinance Section 17.12.135 that pertain to lots less than 5,000 square feet:
· Primary frontage orientation
· Primary frontage entrance and window requirement
· Garage width
· Garage protrusion
· Common usable open space requirement
· Covered front porch requirement
2) Add implementing language at the end of Chapter 17.12 (i.e. Section 17.12.160) for the adoptedby-resolution ODS. The purpose of this language would be to explain how the adopted-by-resolution ODS is applicable to single-family residential development and how it will be administered. A similar example of Zoning Ordinance text that refers to a set of adopted-by-resolution regulations is Section

17.16.190 for the City’s Model Good Neighbor Policies that are applicable to Multi-family Residential development:
(link: <https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-34073>) The proposed implementing language proposed for inclusion in the Zoning Ordinance Chapter 17.12 for the ODS is stated as follows:

17.12.160 Objective Design Standards.

Project proponents of single-family residential developments that are subject to approval by the Site Plan Review Staff or the Planning Commission are required to adhere to the Objective Design Standards as specified by Resolution No. 2025-30 of the Visalia City Council passed on May 5, 2025, and may be subsequently amended by resolution. The purpose of the standards are to provide proponents with a clear understanding of the City’s expectations for all residential project design and streamline the construction of housing units by reducing subjectivity in the entitlement process. Before the issuance of a building permit for each primary dwelling unit, the project proponent shall demonstrate each unit’s compliance with the Objective Design Standards, utilizing any forms approved by the City for determining compliance.

Fiscal Impact: None.

Prior Council Action:
· On December 16, 2024, City staff introduced separate Ordinances to adopt new regulations pertaining to Accessory Dwelling Units (ADUs) and ODS / PRD standards. The City Council proceeded with introducing the 1st Reading of the ADU Ordinance (which was subsequently passed with the 2nd Reading on January 21, 2025), and delayed action on the ODS Visalia City Council Page 2 of 3 Printed on 7/18/2025
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File #: 25-0306 Agenda Date: 7/21/2025 Agenda #: 31.
passed with the 2nd Reading on January 21, 2025), and delayed action on the ODS Ordinance to allow additional time for interested parties to meet with staff. · On April 21, 2025, the City Council held a public hearing to consider the first reading of a revised draft Ordinance for the ODS / PRD standards, and voted 3-2 to approve with an alternative motion to adopt by Resolution rather than Ordinance. · On May 5, 2025, the City Council approved a consent calendar item for the adoption by Resolution No. 2025-30 of Objective Design Standards in accordance with the City Council’s prior action taken on April 21, 2025.
· On June 16, 2025, the City Council introduced the first reading of Ordinance No. 2024-16, for the approval of Zoning Text Amendment No. 2025-01 as presented by staff. No public comment was received regarding the proposed changes to the ordinance.

Other: None.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading and adopt Ordinance No. 2024-16 for Zone Text Amendment No. 2025-01.

Environmental Assessment Status: The Zoning Text Amendment for the clarification and facilitation of the City Council adoption of the Objective Design Standards is exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment and thus is not subject to CEQA review.

CEQA Review: The Zoning Text Amendment for the clarification and facilitation of the City Council adoption of the Objective Design Standards is exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment and thus is not subject to CEQA review.

Deadline for Action: 7/21/2025
Attachments:
· Attachment 1: Ordinance No. 2024-16
· Attachment 2: City Council staff report from June 16, 2025 Visalia City Council Page 3 of 3 Printed on 7/18/2025
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ORDINANCE NO. 2024-16
ORDINANCE NO. 2024-16

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2025-01: A REQUEST BY THE CITY OF VISALIA TO AMEND TEXT WITHIN THE VISALIA MUNICIPAL CODE TITLE 17 (ZONING

ORDINANCE) TO CLARIFY AND FACILITATE CITY COUNCIL ADOPTION OF

SINGLE-FAMILY RESIDENTIAL OBJECTIVE DESIGN STANDARDS AND PLANNED RESIDENTIAL DEVELOPMENT STANDARDS APPLICABLE TO NEW SINGLEFAMILY RESIDENTIAL DEVELOPMENTS BY RESOLUTION RATHER THAN BY ORDINANCE.

WHREAS, Zoning Text Amendment No. 2025-01 is a request by the City of Visalia to amend text within the Visalia Municipal Code Title 17 (Zoning Ordinance) to clarify and facilitate City Council adoption of Single-Family Residential Objective Design Standards and Planned Residential Development standards applicable to new singlefamily residential developments by Resolution rather than by Ordinance.; and, WHEREAS, the City of Visalia had previously initiated Zoning Text Amendment No. 2024-03 to establish new objective design standards pertaining to single-family residential development, including lots below 5,000 square feet in size, and pertaining to Planned Residential Developments, in response to an increase of utilization of smaller lot sizes and new design techniques by proponents, and in response from proponents seeking to have a clear set of reliable codified objective design standards form which to design a project and ensure support by City staff and officials, and in response to recent state legislation such as Senate Bill 9 (2021) and Senate Bill 35 (2017) that allows for ministerial approval of residential developments under certain provisions; and, WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission regarding Zoning Text Amendment No. 2024-03 on November 12, 2024; and,
WHEREAS, the Planning Commission of the City of Visalia considered Zone Text Amendment No. 2024-03 in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing, and recommended that the City Council approve Zoning Text Amendment No. 2024-03 by adopting the Revised Public Review Draft, as amended and presented to the Commission on November 25, 2024; and, WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council regarding Zoning Text Amendment No. 2024- 03 on December 16, 2024, and delayed action to allow additional time for staff to meet with interested persons, stakeholders, and builders, to address concerns the standards and feasibility of the Revised Public Review Draft Ordinance; and WHEREAS, the City of Visalia conducted additional consultation and meetings with persons, stakeholders, and builders, which included two virtual meetings held on January 30 and February 5, 2025, which resulted in a Revised Draft Ordinance that was 968
ORDINANCE NO. 2024-16
circulated for a 15-day review period beginning on March 14, 2025, and then presented to the City Council without changes; and,
WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council regarding Zoning Text Amendment No. 2024- 03 on April 21, 2025, and approved the item by directing the preparation of a Resolution for the adoption of Objective Design Standards in lieu of the adoption of an Ordinance; and,
WHEREAS, the City Council of the City of Visalia adopted Resolution No. 2025- 30 on May 5, 2025, for the approval of Objective Design Standards applicable to singlefamily residential developments; and, WHEREAS, the City of Visalia has subsequently initiated Zone Text Amendment No. 2025-01 together with Ordinance No. 2024-16 to complete the necessary administrative revisions and enforcement within the Zoning Ordinance related to the adoption of new standards; and,
WHEREAS, the City Council of the City of Visalia, has held a public hearing before said City Council regarding Zoning Text Amendment No. 2025-01 on June 2, 2025, and continued the item to June 16, 2025, and has considered said Zone Text Amendment in accordance with Section 17.44.090 of the Zoning Ordinance of the City of Visalia on the premise that the Planning Commission of the City of Visalia had previously reviewed and recommended approval of an Ordinance through Zoning Text Amendment No. 2024-03 for the underlying Single-Family Residential Objective Design Standards and Planned Residential Development standards applicable to new single-family residential developments; and,
WHEREAS, the City Council of the City of Visalia, approved the first reading of Ordinance No. 2024-16 on June 16, 2025, and has considered the second reading of Ordinance No. 2026-16 on July 21, 2025; and,
WHEREAS, the City Council of the City of Visalia finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines, Code of Regulations Section 15061(b)(3) (common sense exemption), as the proposed zone text amendment will not in and of themselves have an effect on the environment, and that the affected sites will continue to allow for residential development consistent with the land use designations and the respective density ranges specified in the Visalia General Plan Land Use Element.

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

BE IT FURTHER RESOLVED that the City Council of the City of Visalia hereby makes the following specific findings regarding Zoning Text Amendment No. 2025-01:
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ORDINANCE NO. 2024-16

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

2. That the change is required to achieve the objectives of the Zoning Ordinance prescribed in Visalia Municipal Code Section 17.02.020, and therefore enacts this ordinance amending the regulations of Visalia Municipal Code Title 17.

3. That the City has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Common Sense Exemption, Code of Regulations Section 15061(b)(3), since there would be no possibility of a significant effect on the environment.

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment No. 2025-01, is approved, as contained in Exhibit “A” of this Ordinance.

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

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

Effective Date. This Ordinance shall take effect thirty days after its adoption.

Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 970
ORDINANCE NO. 2024-16
PASSED AND ADOPTED: BRETT TAYLOR, MAYOR
ATTEST: ___________________________

LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY
By Reyna Rivera, Chief Deputy City Clerk ___________________________

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2024-16 passed and adopted by the Council of the City of Visalia at a regular meeting held on July 21, 2025 and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated:July 21, 2025 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
971
ORDINANCE NO. 2024-16
Ordinance No. 2024-16
EXHIBIT “A”
Section 1. Visalia Municipal Code Title 17 (Zoning Ordinance) is hereby amended, to read as follows, as specified by as specified by underline & italics for additions and strikeout for deletions:

Chapter 17.12 Single-family Residential Zone

17.12.13517.12.140 Lot area less than 5,000 square feet.

17.12.13717.12.150 Signs.

17.12.160 Objective Design Standards.

17.12.13517.12.140 Lot area less than 5,000 square feet.

A. Notwithstanding Section 17.12.050, lots in the R-1-5 zone may have a lot area of between 3,600 and 4,999 square feet if all of the following standards are met:

1. The Planning Commission finds that the development's overall density is consistent with the General Plan Low Density Residential General Plan density range of two (2) to ten (10) dwelling units per gross acre.

2. The maximum number of lots less than 5,000 square feet that may be approved by a tentative subdivision map shall be fifty (50) percent or less of the total lots.

3. Streets shall be constructed to public street standards.

4. Each subdivision with at least 15 lots that are less than 5,000 square feet in size shall make available to buyers at least three (3) different small lot floor plans with at least four (4) available elevation designs for each floor plan to construct on those lots.

5. The development is consistent with all objective design standards as referenced in Section 17.12.160 (Objective Design Standards). 972
ORDINANCE NO. 2024-16

5. The primary frontage of the dwelling unit shall face a public street, primary entryway, circulation walkway, or open space with sidewalks that provide delineated paths of travel.

6. The primary frontage of the dwelling unit shall include the primary entrance and at least one window.

7. Required covered parking spaces shall be in garages. Carports are prohibited.

8. The width of the garage shall not be greater than fifty (50) percent of the width of the dwelling unit.

9. The garage shall not extend beyond the front building facade (living area.)

10. All dwelling units shall include a covered front porch at least four (4) feet deep and six (6) feet wide or an uncovered front courtyard at least five (5) feet wide and five (5) feet deep that is surrounded on four sides by the dwelling unit or a wall or fence between three (3) and four (4) feet high with a pedestrian gate or entryway.

11. The building official shall not approve a building permit for a new dwelling unit on a lot with a lot area less than 5,000 square feet until the city planner, or designee, has determined that the standards identified in this section are met.

12. The subdivision shall provide a common, usable open space area of a minimum 3,000 square feet or two hundred fifty (250) square feet per lot under 5,000 square feet, whichever is greater. The area shall be landscaped and maintained with funding from either a homeowner's association or a landscape and lighting act district.

B. Notwithstanding this Chapter, lots with less than five thousand (5,000) square feet shall have the following minimum dimensions and building setback areas, unless they were approved with a planned development permit:

1. The minimum lot depth shall be seventy (70) feet.

2. The minimum lot width shall be forty-six (46) feet for interior lots and fiftyone (51) feet for corner lots.

3. The minimum front building setback area shall be twelve (12) feet for livable space and twenty (20) feet for garages.

4. The minimum rear yard building setback area shall be fifteen (15) feet.

5. The minimum interior side yard building setback area shall be five (5) feet.

6. The minimum corner side yard building setback area shall be ten (10) feet.

7. The maximum building height shall be thirty-five (35) feet. 973
ORDINANCE NO. 2024-16

8. Lots shall provide for a minimum usable open space area of a minimum three hundred (300) square feet. The open space shall be have a minimum width of fifteen (15) feet wide.

C. Lots less having a lot area of 3,600 square feet, or lots between 3,600 and 4,999 square feet that do not meet all the standards in this section Subsections A and B of Section 17.12.140 may be approved through the planned development permit process per Chapter 17.26. (Ord. 2017-01 (part), 2017)

17.12.137 17.12.150 Signs.

Signs shall be placed in conformance with Chapter 17.48. (Ord. 2017-01 (part), 2017)

17.12.160 Objective Design Standards.

Project proponents of single-family residential developments that are subject to approval by the Site Plan Review Staff or the Planning Commission are required to adhere to the Objective Design Standards as specified by Resolution No. 2025-30 of the Visalia City Council passed on May 5, 2025, and may be subsequently amended by resolution. The purpose of the standards are to provide proponents with a clear understanding of the City’s expectations for all residential project design and streamline the construction of housing units by reducing subjectivity in the entitlement process.

Before the issuance of a building permit for each primary dwelling unit, the project proponent shall demonstrate each unit’s compliance with the Objective Design Standards, utilizing any forms approved by the City for determining compliance. 974
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: 25-0230 Version: 1
Type: Public Hearing Item Status: Agenda Ready
File created: 6/3/2025 In control: Visalia City Council On agenda: 6/16/2025 Final action:

Title: Ordinance Adoption - Public hearing and first reading of Ordinance No. 2024-16 to adopt Zoning Text Amendment No. 2025-01: A request by the City of Visalia to amend text within the Visalia Municipal Code Title 17 (Zoning Ordinance) to clarify and facilitate City Council adoption of Single-Family Residential Objective Design Standards and Planned Residential Development standards applicable to new single-family residential developments by Resolution rather than by Ordinance.

Sponsors:

Indexes:

Code sections:

Attachments: 1. Attachment 1 - Ordinance 2024-16 1st Reading for 6-16-2025 Agenda, 2. Attachment 2 - CC Staff Report 4-21-2025, 3. Attachment 3 - CC Staff Report 5-5-2025 Approved with Resolution Date Ver. Action By Action Result
6/16/2025 1 Visalia City Council
Agenda Item Wording:

Ordinance Adoption - Public hearing and first reading of Ordinance No. 2024-16 to adopt Zoning Text Amendment No. 2025-01: A request by the City of Visalia to amend text within the Visalia Municipal Code Title 17 (Zoning Ordinance) to clarify and facilitate City Council adoption of SingleFamily Residential Objective Design Standards and Planned Residential Development standards applicable to new single-family residential developments by Resolution rather than by Ordinance.

Prepared by:

Brandon Smith, Principal Planner, [email protected], (559) 713-4636; Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025.

Department Recommendation:

Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2024-16, to amend portions of Municipal Code Title 17 (Zoning Ordinance).

Summary:

This item was originally noticed and agendized for June 2, 2025. At City Council’s direction, the item and the public hearing were continued to June 16, 2025. Following is a copy of the staff report originally presented to City Council.

On April 21, 2025, staff presented to the City Council a revised draft Objective Design Standards (ODS) Ordinance (Attachment 2 contains the original staff report presented to City Council). The Ordinance was intended to establish new sections in the Zoning Ordinance and finalize the Councildirected effort to prepare regulations pertaining to ODS and Planned Residential Development (PRD) Standards applicable to new single-family residential development. The effort is in response to current growth trends where developers have been utilizing smaller lot sizes and new design techniques. The standards address a range of topics that include appearance, landscaping, fences, Visalia City Council Page 1 of 4 Printed on 7/3/2025
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File #: 25-0230, Version: 1
techniques. The standards address a range of topics that include appearance, landscaping, fences, off-street parking, and common open space areas within planned residential developments.

Following the public hearing, the City Council voted to adopt the Objective Design Standards and PRD Standards by resolution rather than by ordinance, since adoption by resolution allows for the standards to be modified or revised in the future without holding multiple public hearings. Resolution No. 2025-30 was subsequently adopted by the City Council on May 5, 2025.

As a result of the adoption of Resolution No. 2025-30, the ODS are only specified in the resolution without corresponding section numbers, and there is no mention in the Zoning Ordinance of the ODS requirement which is now in effect. This Zone Text Amendment and the accompanying Ordinance No. 2024-16 has therefore been initiated by staff to complete the necessary administrative revisions to the Zoning Ordinance related to the adoption of new ODS and to “close the loop” on the administrative enforcement of the ODS.

Background Discussion:

The new Ordinance is being conducted for the following purposes:
1) Complete the removal of redundant or obsolete objective design standards currently in the Zoning Ordinance for single-family residential lots with area less than 5,000 square feet (Section

17.12.135). The ODS work in tandem with other existing objective standards that address residential development standards in the review of eligible development applications. Such development standards for traditional single-family residential lots, found in Chapter 17.12 Article 1, and for lots below 5,000 square feet in size, found in Section 17.12.135(B), are not affected by ODS (i.e. setbacks, height).

However, many objective design standards found in Section 17.12.135 that were intended to apply exclusively to lot sizes below 5,000 square feet have been superseded with the nowapproved ODS standards that are applicable to all development in Single-Family Residential zone districts. As a result, certain objective standards in Section 17.12.135 are being removed. Below is a brief list of objective standards being removed from Zoning Ordinance Section 17.12.135 that pertain to lots less than 5,000 square feet:
· Primary frontage orientation
· Primary frontage entrance and window requirement
· Garage width
· Garage protrusion
· Common usable open space requirement
· Covered front porch requirement
2) Add implementing language at the end of Chapter 17.12 (i.e. Section 17.12.160) for the adopted-by-resolution ODS. The purpose of this language would be to explain how the adoptedby-resolution ODS is applicable to single-family residential development and how it will be administered. A similar example of Zoning Ordinance text that refers to a set of adopted-byresolution regulations is Section 17.16.190 for the City’s Model Good Neighbor Policies that are applicable to Multi-family Residential development: (link:
<https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-34073>) The proposed implementing language proposed for inclusion in the Zoning Ordinance Chapter

17.12 for the ODS is stated as follows:

17.12.160 Objective Design Standards.

Project proponents of single-family residential developments that are subject to approval by the Visalia City Council Page 2 of 4 Printed on 7/3/2025
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File #: 25-0230, Version: 1
Project proponents of single-family residential developments that are subject to approval by the Site Plan Review Staff or the Planning Commission are required to adhere to the Objective Design Standards as specified by Resolution No. 2025-30 of the Visalia City Council passed on May 5, 2025, and may be subsequently amended by resolution. The purpose of the standards are to provide proponents with a clear understanding of the City’s expectations for all residential project design and streamline the construction of housing units by reducing subjectivity in the entitlement process. Before the issuance of a building permit for each primary dwelling unit, the project proponent shall demonstrate each unit’s compliance with the Objective Design Standards, utilizing any forms approved by the City for determining compliance.

Fiscal Impact: None.

Prior Council Action:
· On December 16, 2024, City staff introduced separate Ordinances to adopt new regulations pertaining to Accessory Dwelling Units (ADUs) and ODS / PRD standards. The City Council proceeded with introducing the 1st Reading of the ADU Ordinance (which was subsequently passed with the 2nd Reading on January 21, 2025), and delayed action on the ODS Ordinance to allow additional time for interested parties to meet with staff. · On April 21, 2025, the City Council held a public hearing to consider the first reading of a revised draft Ordinance for the ODS / PRD standards, and voted 3-2 to approve with an alternative motion to adopt by Resolution rather than Ordinance. · On May 5, 2025, the City Council approved a consent calendar item for the adoption by Resolution No. 2025-30 of Objective Design Standards in accordance with the City Council’s prior action taken on April 21, 2025.

Other: None.

Alternatives: The City Council may either approve or not approve the first reading of the Ordinance.

Not approving the Ordinance would result in no language contained in the Zoning Ordinance that directs a project proponent to the standards, together with conflicting objective standards for lots below 5,000 square feet in size. Therefore, this alternative is not recommended.

Recommended Motion (and Alternative Motions if expected):

I move to introduce for first reading Ordinance No. 2024-16 for Zone Text Amendment No. 2025-01 to amend text within the Visalia Municipal Code Title 17 (Zoning Ordinance) to clarify and facilitate City Council adoption of Single-Family Residential Objective Design Standards and Planned Residential Development standards applicable to new single-family residential developments by Resolution rather than by Ordinance.

Environmental Assessment Status: The Zoning Text Amendment for the clarification and facilitation of the City Council adoption of the Objective Design Standards is exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment and thus is not subject to CEQA review.

CEQA Review: The Zoning Text Amendment for the clarification and facilitation of the City Council Visalia City Council Page 3 of 4 Printed on 7/3/2025
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File #: 25-0230, Version: 1
CEQA Review: The Zoning Text Amendment for the clarification and facilitation of the City Council adoption of the Objective Design Standards is exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment and thus is not subject to CEQA review.

Deadline for Action: 6/16/2025
Attachments:

Attachment 1: Draft Ordinance No. 2024-16
Attachment 2: City Council staff report from April 21, 2025 Attachment 3: City Council staff report from May 5, 2025, with Adopted Resolution No. 2025-30 Visalia City Council Page 4 of 4 Printed on 7/3/2025
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0307 Agenda Date: 7/21/2025 Agenda #: 32.

Agenda Item Wording:

Fire Department Hazmat Memorandum of Understanding Extension with amendments - Authorize the City Manager to execute an updated amendment and extension of the Tulare & Kings County Interagency Hazardous Materials Team Memorandum of Understanding.

Prepared by: Dan Griswold, Fire Chief [email protected], 559-713-4220 Department Recommendation: Staff recommends the City Council authorize the City Manager to execute the updated amendment and extension to the Tulare & Kings County Interagency Hazardous Materials (Hazmat) Team Memorandum of Understanding (MOU).

Summary:

At the November 18, 2024 regular City Council meeting, Council authorized the City Manager to execute the amendment and extension of the Tulare-Kings County Interagency Hazmat MOU. Since authorization, two modifications to the MOU have been made, requiring the MOU to be approved again in writing by all partnering agencies. The November 18, 2024 staff report, that includes original summary of the process and amendments, is included as an attachment to this staff report.

This updated MOU amendment changes two of the original amendments:

Cost Recovery Among Parties - The original intent remains the same. This amendment adds a step for partnering agencies to meet and review the circumstances of the incident, the cost incurred, and the recovery efforts to date. This amendment also adds clarifying language explaining that once all recovery options are considered, agencies agree to proceed with the most viable option to include the agency having jurisdiction collecting, in a matter they deem appropriate, and reimbursing the Agencies of the MOU.

Tule River Indian Tribe included as an Agency to the MOU - Tule River is being removed from the MOU until a time when agreeable language can be approved by all parties. Tule River had proposed some wording modifications that were reviewed and modified by City of Visalia legal counsel. The modified proposal was given to Tule River and is being reviewed. Proceeding without Tule River was agreed upon to finalize the MOU with the understanding that Tule River could be added at a later date if desired.

Additionally, given the time it took to research and craft the original amendments, gather authorized signatures from partnering agencies, craft and approve the proposed wording changes, and gather authorized signatures a second time, Staff is recommending making the MOU amendment and extension effective date retroactive to July 1, 2025 through June 30, 2025.

Visalia City Council Page 1 of 2 Printed on 7/18/2025
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File #: 25-0307 Agenda Date: 7/21/2025 Agenda #: 32.

Background Discussion:

A summary of the original amendment research and process is included within the attached November 18, 2024 staff report.

Following Council’s authorization at the November 18, 2024 regular council meeting, partnering agencies started submitting authorized signatures for their organizations. During this period, two agencies requested wording modifications. Over the span of a few months, the wording modifications were crafted, reviewed, modified, and approved by the involved parties except for the language adding the Tule River Indian Tribe. Due to the modifications to the original MOU amendment and extension, all agencies are required to have the MOU approved by their local authorities again in writing.

Staff determined extending the extension effective date is prudent given the time it took to research and craft the original amendments, gather authorized signatures from partnering agencies, craft and approve the proposed wording changes, and gather authorized signatures a second time.

Fiscal Impact: The partnering agencies of the MOU agree that each agency will be responsible for its respective share of the costs, paid to the City of Visalia, to equip and maintain on an annual basis a Hazmat Team in accordance with Exhibit A - Cost Responsibility. Additionally, the City of Visalia will be responsible for $32,045 annual contribution for vehicle replacement.

Prior Council Action: This history was taken from the October 21, 2019 staff report when the most recent MOU was developed and executed: March 1995 - Hazmat agreement adopted. September 21, 2009 - Hazmat response team update to approve short-term funding of the Hazmat team. August 2, 2010 - Council approved the renegotiation of Hazmat response contract to include a provision for local participating agencies to pay a proportional share of the ongoing operational costs of the program. July 18, 2011 - Amend Hazmat agreement with Tulare County agencies including Rates and Fees. October 21, 2019 - Execute amended and new agreement with partnering agencies into the current MOU. Most recent action by council: November 18, 2024 - Authorized the City Manager to execute the original amendment and extension of the Tulare - Kings County Interagency Hazmat Team MOU.

Alternatives: Request staff to provide additional information and return to Council at a later date.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute the updated amendment and extension to the Tulare -Kings County Interagency Hazmat Team MOU and to make minor changes if necessary.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: 1. Tulare-Kings county Regional Hazardous Materials Team MOU; 2. Amendment and Extension of the Tulare-Kings County Interagency Hazardous Material Team MOU; 3. Hazmat Agreement Exhibit A - Cost Responsibility; 4. November 18, 2024 Staff Report Visalia City Council Page 2 of 2 Printed on 7/18/2025
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1 AMENDMENT AND EXTENSION OF

MEMORANDUM OF UNDERSTANDING BETWEEN

THE COUNTY OF KINGS

THE COUNTY OF TULARE

CITY OF DINUBA

CITY OF EXETER

CITY OF FARMERSVILLE

CITY OF HANFORD

CITY OF LEMOORE

CITY OF LINDSAY

CITY OF PORTERVILLE

CITY OF TULARE

CITY OF VISALIA

CITY OF WOODLAKE

FOR THE

TULARE-KINGS COUNTY INTERAGENCY

HAZARDOUS MATERIALS TEAM
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2 INTRODUCTION
This Amendment and Extension of the Memorandum of Understanding for the Tulare-Kings County Interagency Hazardous Materials Team ("Amendment”) is entered into between the original parties to the MOU. The participating parties shall be referred to herein as “Agencies” or may be referred to individually as “Agency” in this Amendment.

The Amendment is for the purpose of extending the current MOU for an additional five-year term, while making amendments to strengthen the cost recovery provisions.

1. EXTENDED TERM OF THE AGREEMENT
The Agencies agree that pursuant to Section 7 of the current MOU permitting the MOU to be extended by a writing signed by all Agencies, the term of the MOU shall be extended for an additional five-year term. The MOU, as modified by this Amendment, shall have an effective date of July 1, 2025 through June 30, 2030.

All terms of the MOU shall continue in full force and effect.

2. MODIFICATION TO COST RECOVERY AMONG AGENCIES
Agencies agree that the provision for cost recovery among Agencies in Section 6 of the MOU shall be replaced with the following language:

COST RECOVERY AMONG AGENCIES
The City of Visalia shall coordinate and monitor cost recovery efforts. Each Agency shall provide Visalia with the applicable cost recovery rates for its personnel that serve on the Haz-Mat Team. For purposes of cost recovery, the Agencies shall designate City of Visalia, acting through the VFD, as their agent to seek cost recovery of personnel that responded as part of the Haz-Mat Team.

Within thirty days of a hazardous materials incident each Agency shall provide VFD with a record of all costs of resources, personnel, and equipment, deployed to the hazardous materials incident.

The City of Visalia, as the designated agent under this Agreement, shall collect through cost recovery efforts from the responsible party for the incident under applicable state or local laws permitting cost recovery all amounts expended by the Agencies under this Agreement.

Each Agency shall cooperate with VFD in collection efforts for incidents that occur within their respective jurisdictional boundaries. All cost recovery revenue shall be reimbursed to the Agency that incurred the expense. In is recommended Agencies account for Haz-Mat Team expenses incurred by their respective agency in an account separate from other revenues and expenditures.
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3 If the responsible party has not reimbursed the expenses incurred under this Agreement within twelve months, Agencies agree to meet at this juncture to review the circumstances of the incident, the costs incurred, and the recovery efforts to date. Agencies are not obligated to reimburse the other Agencies for any cost recovery fees unless a written agreement exists after the agencies have met and all recovery options have been considered.

Agencies with jurisdictional authority do agree, if it is determined to be the most viable cost recovery option, to collect the funds in a matter they deem appropriated and reimburse the Agencies of this Agreement within the next 12 months.

Agencies agree that VFD, as the lead agency (and primary location for Haz-Mat Team equipment) shall establish an administrative per incident fee of $300.00 that will be applied to reimburse VFD the administrative costs of assembling the specific personnel that will be responding to each specific hazardous material incident. This per incident fee will only apply when the VFD coordinates a response by the Haz-Mat Team to a request for assistance.

3. REVISION TO DUTIES ON TERMINATION
Parties agree that Section 8 – Termination of the MOU shall be replaced with the following:

TERMINATION
A Party to this Agreement may voluntarily terminate participation upon one hundred eighty (180) calendar days written notice to all other Parties.

Parties that are in breach of the terms of this Agreement shall be notified in writing and have ninety (90) calendar days from the date of such notice to comply with the terms of the Agreement or its participation will be terminated.

Agencies agree that if notice of termination is provided prior to October 1, when annual contributions of funds or materials are made, then any required contributions under this Agreement may be prorated based on the applicable termination date. All previously contributed fees, materials and any assets purchased in part of contributed fees shall remain with the remaining agencies comprising the Haz-Mat Team. This provision does not include the credit received by the City of Hanford for the contribution of the 2007 Pierce Hazardous Materials Unit, which has specific terms applicable in Exhibit “A” should the City of Hanford terminate participation under this MOU.

Notwithstanding a Party’s withdrawal or termination, that Agency may continue to receive cost recovery reimbursements as provided under this Agreement for costs incurred while the Agency operated under this Agreement and provided personnel or equipment to a hazardous material incident prior to termination.

4. COUNTERPARTS
This Amendment may be executed in counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument. 1004
4 5. NOTICES
The Agencies agree that the Notice section of the MOU shall be modified by this Amendment and any notice required to be given pursuant to this Agreement shall be in writing and sent first-class mail to the following addresses:

COUNTY OF KINGS COUNTY OF TULARE
Fire Chief Charlie Norman, Fire Chief
280 Campus Drive 835 S. Akers Street
Hanford, CA 93230 Visalia, CA 93277

CITY OF DINUBA CITY OF EXETER
Greg Chastain, Fire Chief Jason Ridenour, City Administrator 420 E. Tulare Street 100 N. C Street
Dinuba, CA 93230 Exeter, CA 93221

CITY OF FARMERSVILLE CITY OF HANFORD
Jim Thomas, Fire Chief Daniel Perkins, Fire Chief
909 W. Visalia Road 350 W. Grangeville Avenue
Farmersville, CA 93223 Hanford, CA 93230

CITY OF LEMOORE CITY OF LINDSAY
Fire Chief Lindsay Department of Public Safety
711 W. Cinnamon Lane 185 N. Gale Hill Avenue
Lemoore, CA 93245 Lindsay, CA 93247

CITY OF PORTERVILLE CITY OF TULARE
Bryan Cogburn, Fire Chief Michael Ott, Fire Chief
980 S. Jaye St. 800 S. Blackstone Ave.

Porterville, CA 93257 Tulare, CA 93230

CITY OF VISALIA CITY OF WOODLAKE
Daniel Griswold, Fire Chief Anthony Perez, Fire Chief
420 N. Burke Street 350 N. Valencia Ave.

Visalia, CA 93277 Woodlake, CA 93286
IN WITNESS WHEREOF, the Agencies have caused this Agreement to be executed by their respective authorized officers. The signatories below are hereby affirming, under penalty of perjury, that they have the requisite authority from governing body of the agency they represent to sign this Agreement and bind the local agency that they represent to the terms of this Agreement.
[Signature pages follow]
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5 COUNTY OF KINGS
By: _____________________________
Chairperson, Board of Supervisors
ATTEST:

By: _____________________________
Clerk, Board of Supervisors
Approved as to Form
By: _____________________________
County Counsel
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6 COUNTY OF TULARE
By: _____________________________
Chairperson, Board of Supervisors
ATTEST:

By: _____________________________
Clerk, Board of Supervisors
Approved as to Form
By: _____________________________
County Counsel
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7 CITY OF DINUBA
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
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8 CITY OF EXETER
By: _____________________________
City Administrator
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
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9 CITY OF FARMERSVILLE
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
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10 CITY OF HANFORD
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
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11 CITY OF LEMOORE
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
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12 CITY OF LINDSAY
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
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13 CITY OF PORTERVILLE
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
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14 CITY OF TULARE
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
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15 CITY OF VISALIA
By: _____________________________
City Manager
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
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16 CITY OF WOODLAKE
By: _____________________________
City Administrator
ATTEST:

By: _____________________________
City Clerk
Approved as to Form
By: _____________________________
City Attorney
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Exhibit A
Cost Responsibility
The Agencies agree that each agency shall be responsible for its respective share of costs to operate on an annual basis, the Haz-Mat Team.

The Agencies, by this Agreement have agreed that on an annual basis the Haz-Mat Team should be funded $85,531.71, which amount shall increase annually based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (“CPI”) for all Urban Consumers. The amount listed above shall be changed in an amount equal to the percentage of movement for the twelve-month period ending on June 30th for each year this Agreement is effect. In no instance shall the annual increase exceed 5%. Alternatively, the Agencies may agree, in a writing signed by all Agencies, to a different annual increase amount.

The Agencies agree that their share of the annual cost share shall be based on the respective populations of each jurisdiction compared to the total overall population of all participating jurisdictions. As census data is updated then the Agencies agree to update this section of this Agreement based on the most recent census data.

In consideration of the City of Hanford transferring ownership of the 2007 Pierce Hazardous Materials Unit to the City of Visalia for use by the Haz-Mat Team in 2019, the Agencies agreed that Hanford shall be credited as contributing $100,240 or ten (10) years of payments, whichever occurs first. The City of Hanford annual contribution shall be first subtracted from this amount before any additional amounts are owed. As of the date of this Amendment, signed in 2025, the City of Hanford contributions totaled $47,688.28, with $52,551.72 remaining as credits. VFD shall adopt an applicable cost recovery rate for this vehicle that shall be applied to cost recovery charges for the VFD as it will have the responsibility to maintain and operate the unit on behalf of the Haz-Mat Team. In case the City of Hanford terminates this Agreement prior to this credit ending, then the City of Visalia shall either return the 2007 Pierce Hazardous Materials Unit or pay the City of Hanford the outstanding balance of the credit listed in this paragraph to retain the vehicle.

A chart with the breakdown of the operational cost-share and the vehicle replacement is on the following page.
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* The City of Hanford has a remaining balance on their credit from transferring ownership of the hazmat vehicle to the City of Visalia and this is why there is not an operational or a vehicle replacement cost share amount listed for the City of Hanford. ** The City of Visalia does not have a cost share amount listed for vehicle replacement given Visalia is taking responsibility for 47% of the total cost share as described in the amendment.

The City of Visalia’s cost share portion over the five years of this extension is $352,500. *** Note that if a city decides not to participate and terminates this agreement then they will be removed from the participating list and cause the applicable cost share of participating agencies to increase. If additional cities agree to participate, then the total population and corresponding share of costs will decrease.
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File #: 24-0483 Version: 1
Type: Consent Item Status: Agenda Ready
File created: 11/1/2024 In control: Visalia City Council On agenda: 11/18/2024 Final action:

Title:

Fire Department Hazmat MOU Extension w/ Amendments - Authorize the City Manager to execute the amendment and extension of the Tulare & Kings County Interagency Hazardous Materials (Hazmat) Team Memorandum of Understanding (MOU).

Attachments:

1. Signed Tulare Kings Regional Hazmat MOU.pdf, 2. Hazmat Agreement Amendment 2024 Final III.pdf, 3. Hazmat Agreement Exhibit A Cost Recovery 2024 Amendment Final 10-31-24.pdf Agenda Item Wording:
title
Fire Department Hazmat MOU Extension w/ Amendments - Authorize the City Manager to execute the amendment and extension of the Tulare & Kings County Interagency Hazardous Materials (Hazmat) Team Memorandum of Understanding (MOU).
body
Deadline for Action: 11/18/2024
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, Fire Chief, 559-713-4220 Crissy Balderama, Administrative Analyst, 559-713 -4513
Department Recommendation:

Staff recommends the City Council authorize the City Manager to execute the amendment and extension of Tulare and Kings County Interagency Hazmat Team MOU and grant authority for the City Manager to authorize minor changes to the agreement if necessary.

Background Discussion:

A regional approach to Hazmat response within Tulare and Kings counties has been in place for several years. The Fire Department has documentation on file of service agreements dating prior to 2010. In 2019, partnering agencies entered into the current MOU and cost share agreement. The initial term of the MOU was five years and was due for extension on June 30, 2024.

To prepare for the MOU extension, Fire Administration solicited feedback from partnering agencies, worked closely with the Finance Department, and City Legal to recommend the amendments included. Below is a summary of the recommended amendments and the full amendment document is included as an attachment to this staff report. Following the recommended amendments is an explanation of the operational cost share, and the added cost share for vehicle replacement.

Extension and Recommended Amendments:

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Extended Term of the Agreement - The term of the MOU shall be extended for an additional five-year term. The MOU, as modified by this Amendment, shall be extended until June 30, 2029.

Cost Recovery Among Parties - This amendment allows for a means to collect from a responsible party when the incident occurs outside the City of Visalia and the City has not been able to collect the response costs. The amendment recommends a change to the current procedure where if the City of Visalia is unable to collect Hazmat response related costs and fees from a responsible party not within the City of Visalia’s jurisdiction within twelve months of the incident, the agency in whose jurisdiction the incident occurred will reimburse the remaining agencies of the agreement. Agencies have up to one year to reimburse the costs.

The purpose of this amendment allows the agency with jurisdiction where the incident occurred to use their local authority and means to collect the costs of response.

Termination - This amendment adds language stating that if an agency decides to withdraw from the MOU prior to October 1, then their required contributions under the agreement may be prorated based on the applicable termination date. This amendment also states all previously contributed fees, materials, assets, etc. will remain with the remaining agencies of the agreement.

Tule River Indian Tribe included as an Agency to the MOU - This amendment includes language specific to the inclusion of the Tule River Indian Tribe to this agreement.

Exhibit A Cost Responsibility - This amendment changes the annual escalator from the current 2% to the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Customers. This amendment also states that in no instance shall the annual increase exceed 5%.

Wording Changes - There were some wording changes made within the amendment and the Exhibit A. Most notably, the words “Party” or “Parties” to denote partnering agencies of the MOU were changed to the words “Agency” or “Agencies.” This change adds distinction between a partnering agency of the MOU and a responsible party for an incident.

Operational Cost Share Assessment
To prepare for the extension, Fire Administration analyzed program operational costs over the first five-year term of the MOU to determine if an adjustment to the cost share amount was appropriate.

The operational costs assessed included personnel costs, medical costs, training costs, operational expenses including equipment and capital improvement projects, and fuel/maintenance costs for the hazmat response vehicle, Hazmat 55. After evaluation, Fire Administration determined $85,531 to be the average annual cost to include as the cost share within the MOU. The initial base cost of the MOU’s first five-year term was $72,562.22.

Vehicle Replacement Cost Analysis
The current hazmat vehicle, Hazmat 55, is a 2007 Pierce Quantum purchased by the Hanford Fire Department in 2006 with the FY06 State Homeland Security Grant Program. The purchase price was $501,200. Ownership was transferred to the City of Visalia in 2020 under the terms included in the Hazmat MOU.

Vehicle replacement costs had been a piece of agreements prior to the current MOU. However, vehicle replacement is not explicitly captured in the current MOU and needs to be added to keep the program sustainable. The challenge is forecasting how much replacement funding will be needed and when. The vehicle cost approximately $500,000, 18 years ago. The unknowns are, what is a reasonable life expectancy for the vehicle and how much will a replacement cost at that time? The Hazmat vehicle currently has less than 9,000 miles on it. When the City of Visalia obtained ownership, it was put into the asset system for 15 years as any fire asset would be. The City of Visalia will have owned the vehicle for 15 years in 2035 and the vehicle will be 28 years old. This would be an old fire apparatus were Hazmat 55 a front-line unit getting daily use. However, this vehicle could feasibly function this long with good care and maintenance. 1021
For the vehicle replacement analysis, the annual amount needed was calculated on 11 more years of life to reach the vehicle’s 15-year City of Visalia life, and $750,000 was used for a replacement amount. Seven-hundred and fifty thousand dollars is an amount that seems definite to expect a vehicle costing $501,200 in 2006 would cost to replace with a comparable vehicle in 2035. It is reasonable to suspect a comparable vehicle will cost more than $750,000 and partnering agencies will evaluate replacement estimates and reimbursement in future terms of the MOU and could seek grant funding to fund the vehicle or offset costs. The idea is to plan for and collect some replacement funding and not need to rely on collecting an even greater amount in the future or securing a grant in the event grant funding, or enough grant funding, is not available.

Recognizing the City of Visalia gains some benefit from having the vehicle available within their jurisdiction, the plan is not to charge the whole $750,000 to the MOU cost-share. To quantify how much of the burden Visalia accepts, Fire Administration calculated the percentage of hazmat calls the Hazmat unit responded to in the first term of the MOU. Forty-seven percent of the incidents were within the City of Visalia, so 47% of the vehicle replacement cost will be covered by the City of Visalia. Using this approach, Visalia would be responsible for $32,045 annually and the other parties in the MOU, except for Hanford until their credit for transferring ownership is spent, would be responsible for $36,136.36 annually. This amount would be split amongst the remaining parties based on population and not including Visalia’s or Hanford’s populations.

A breakdown of the operational cost share and the vehicle replacement cost share is included in the Exhibit A - Cost Responsibility attachment included with this staff report.

Fiscal Impact:

The partnering agencies of the MOU agree that each agency will be responsible for its respective share of the costs, paid to the City of Visalia, to equipment and maintain on an annual basis a Hazmat Team in accordance with Exhibit A - Cost Responsibility. Additionally, the City of Visalia will be responsible for $32,045 annual contribution for vehicle replacement.

Prior Council Action: This history was taken from the October 21, 2019 staff report when the most recent MOU was developed and executed. March 1995 - Hazmat agreement adopted. September 21, 2009 - Hazmat response team update to approve short-term funding of the Hazmat team. August 2, 2010 - Council approved the renegotiation of Hazmat response contracts to include a provision for local participating agencies to pay a proportional share of the ongoing operational costs of the program. July 18, 2011 - Amend Hazmat agreement with Tulare County agencies including Rates and Fees. October 21, 2019 - Execute amended and new agreement with partnering agencies into the current MOU.

Other: None.

Alternatives: Request staff to provide additional information and return to Council at a later date.

Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the City Manager to execute the amendment and extension to the Tulare - Kings County Interagency Hazmat Team MOU and to make minor changes if necessary. end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. Tulare-Kings County Regional Hazardous Materials Team MOU

2. Amendment and Extension of Tulare-Kings County Interagency Hazardous Materials Team MOU

3. Hazmat Agreement Exhibit A - Cost Responsibility
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0308 Agenda Date: 7/21/2025 Agenda #: 33.

Agenda Item Wording:

Authorize Grant Writing and Submittal - Authorize the City Manager to enter a contract with Community Services Employment Training to write and submit an application for the Cal VIP grant on behalf of the City with an emphasis in the grant to provide recreational programming opportunities for impacted families and children in the Visalia community.

Prepared by: Jason Glick, Parks and Recreation Director 713-4042, [email protected] Laurissa Roggenkamp, Recreation Manager 713-4336, [email protected] Department Recommendation: Staff recommends that City Council authorize Community Services Employment Training (CSET) to write and submit an application for the Cal VIP grant on behalf of the City of Visalia to fund recreation programming opportunities for impacted families and children in the Visalia community. The deadline to apply for this grant is August 18, 2025.

Summary:

The City of Visalia qualifies as an eligible applicant for the California Violence Intervention and Prevention Program (Cal VIP) grant under the “Medium and Small Cities” category. The Cal VIP grant offers a maximum award of $2 million distributed over a three-year period. Staff recommends that CSET be designated to prepare and submit the grant on the behalf of the City. This approach will align with the City’s proposal in having a broader collaborative effort with other organizations in Visalia to enhance the impact of this initiative.

The proposed program will focus on providing youth affected by violence with financial support to participate in recreational activities and family outings. The primary objective is to strengthen family connections and expand opportunities for children and teens in Visalia. Additionally, staff anticipates opportunities for additional local organizations to participate by delivering complementary programming. These will contribute to a cohesive community-wide strategy aimed at supporting children and families who have been impacted by violence.

If awarded, CSET would serve as a third-party administrator for the grant, assuming responsibility for all reporting and accounting requirements. CSET would partner with the City to implement the initiative through the City’s Recreation Division, utilizing recreation programs and special events to target the population.

The City will designate a staff member to oversee compliance and will conduct audits of all financial draws and supporting documentation to grant expenditures. This collaborative framework is intended to ensure ensuring accountability and transparency while maximizing the overall impact within the community.

Background Discussion:

The Cal VIP grant program, initially known as Cal GRIP (California Gang Reduction, Intervention & Prevention), was established in 2017 to fund community-based violence reduction initiatives. It evolved from Cal GRIP, expanding eligibility beyond cities to include community-based organizations Visalia City Council Page 1 of 2 Printed on 7/18/2025
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File #: 25-0308 Agenda Date: 7/21/2025 Agenda #: 33.
(CBOs). The program aims to support evidence-based strategies to reduce gun violence in communities disproportionately affected by violence.

The purpose of the grant is to disrupt cycles of violence and retaliatory actions in order to lower the rates of homicides, shootings, and aggravated assaults in affected communities. This year, the state budget provided $103 million to fund the Cal VIP grant. Cal VIP grants fund a variety of evidencebased programs designed to reduce community gun violence, such as:
· Hospital-based violence intervention programs
· Street outreach initiatives, and
· Focused deterrence strategies
· Medium and Small Cities disproportionately impacted by violence · Community-based organizations (CBOs) serving these cities · Counties with cities facing significant gun violence issues · Tribal governments experiencing violence
Staff are proactively engaging with at-risk youth and their families to prevent gun violence through a combination of structured activities and educational initiatives. The police department may refer atrisk or violence-affected youth to CSET for supportive and intervention services and can also connect resources provided through this grant with at-risk youth participating in the police department’s Police Activities League (PAL).

Looking ahead, staff anticipate valuable opportunities for local organizations to join this effort by offering complimentary programs. Together, the City and it’s partners aim to build a comprehensive, community-driven response that supports and uplifts children and families most affected by violence.

This collective effort seeks to create a meaningful lasting change through coordinated services, target programming, and strong local partners.

Fiscal Impact: Awarded funding will be utilized towards recreational programming opportunities for impacted families and children in our community.

Prior Council Action: None
Alternatives: Council may reject staff’s proposed recommendations and direct staff to return when a future Cal VIP grant is posted.

Recommended Motion (and Alternative Motions if expected):

I move to accept the report and recommend that City Council authorize CSET write and apply for the Cal VIP grant on behalf of the City of Visalia to fund programming opportunities for impacted families and children in the Visalia community.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: Cal VIP Attachments
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Attachment C: Criteria and Assurance for Non-Governmental Organizations that Receive BSCC Grant Funds as a Subcontractor
Required Attachment: Applicants will be prompted to upload this document from the BSCC CalVIP webpage to the BSCC Submittable Application Portal.

The CalVIP RFP includes requirements that apply to non-governmental organizations that receive BSCC grant funds as subcontractors. Grantees are responsible for ensuring that all subcontracted third parties continually meet these requirements as a condition of receiving any CalVIP funds. The RFP describes these requirements as follows:

Any non-governmental organization that receives CalVIP funds must:
 Have been duly organized, in existence, and in good standing at least six (6) months prior to the start date of the applicant’s Grant Agreement with BSCC.

Note: Non-governmental organizations that have recently reorganized or have merged with other qualified non-governmental organizations that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the applicant’s Grant Agreement with BSCC.  Be registered with the California Secretary of State’s Office, if applicable.  Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship).
 Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable.

In the table below, provide the name of the Grantee and list all subcontracted third parties.

Name of Grantee: City of Visalia, California
Refer to next page for signature block.

Name of Subcontracted
Third Party Address Email / Phone Meets All
Requirements
Community Services &
Employment Training, Inc.
312 Northwest 3rd Avenue,
Visalia, CA 93291 (559) 732-4194 Yes X No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
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Grantees are required to update this list and submit it to BSCC any time a new third-party subcontract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the CalVIP RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.

The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS

STREET ADDRESS CITY STATE ZIP CODE
APPLICANT’S SIGNATURE (verified e-signature is acceptable) DATE x
1026
Attachment D: Certification of Compliance with BSCC Policies Regarding Debarment, Fraud, Theft and Embezzlement
Required Attachment: Applicants will be prompted to upload this document from the BSCC CalVIP webpage to the BSCC Submittable Application Portal.

It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three (3) years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

By checking the following boxes and signing below, applicant affirms that:

I/We are not currently debarred by any federal, state, or local entity from applying for or receiving federal, state, or local grant funds.

I/We have not been convicted of any crime involving theft, fraud, or embezzlement of federal, state, or local grant funds within the last three (3) years. We will notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

I/We will hold subgrantees and subcontractors to these same requirements.

A grantee may make a request in writing to the Executive Director of the BSCC for an exception to the debarment policy. Any determination made by the Executive Director shall be made in writing.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS

STREET ADDRESS CITY STATE ZIP CODE
APPLICANT’S SIGNATURE (Blue Ink or e-signature Only) DATE X
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0315 Agenda Date: 7/21/2025 Agenda #: 34.

Agenda Item Wording:

Property Insurance Replacement Coverage - Approve City’s participation with the Alliant Property Insurance Program effective July 1, 2025, and authorize payment of the policy in the amount of $477,873.38.

Deadline for Action: 7/21/2025
Submitting Department: Administration
Contact Name and Phone Number: Andrew Guzman, Risk Manager, (559) 713-4335 [email protected]; Shonna Oneal, Administrative Services Director, (559) 713-4053 [email protected]
Department Recommendation:

Staff recommends the approval of the City’s participation in the Alliant Property Insurance Program (APIP) for property insurance coverage, replacing the non-renewed Fireman’s Fund Insurance Company policy, effective July 1, 2025.

Background Discussion:

On May 28, 2025, the City’s broker of record, AJ Gallagher, notified the City that Fireman’s Fund Insurance Company (Allianz), elected not to renew the City’s property insurance policy, effective June 30, 2025. The policy provided comprehensive property insurance coverage for the City’s buildings and machinery. The non-renewal was not based on any City-specific claims or risk factors, but rather reflects the current hard insurance market conditions, as carriers continue to withdraw from California markets following significant losses from recent flooding and wildfire events.

The City’s expiring property insurance policy with Fireman’s Fund Insurance Company (Allianz) provided a blanket limit of $250,000,000 for the City’s covered properties. This limit represents the maximum amount Allianz would pay for any covered loss event, regardless of the number of buildings or types of property involved. Blanket coverage means that our insurance limit applies collectively across multiple properties, rather than assigning individual limits to each location. For example, rather than having separate limits for the City Administration Building, Recreation facilities, and Police substations, the $250M limit can be used across any or all locations as needed, up to the stated value listed on our property schedule.

The expiring insurance policy had a Total Insured Value (TIV) of $375,000,000. TIV represents the combined replacement value of all properties and assets covered under the City’s insurance policy.

AJ Gallagher, notified the City that it would begin marketing the City’s properties for replacement coverage; however, a warning was provided that the premium may be increased when marketed with other companies due to the hard-market conditions.

Visalia City Council Page 1 of 3 Printed on 7/18/2025
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File #: 25-0315 Agenda Date: 7/21/2025 Agenda #: 34.

The City is a member of the Authority for California Cities Excess Liability (ACCEL) JPA for excess general liability insurance. ACCEL offers its members other lines of insurance coverage, including property insurance through the Alliant Property Insurance Program (APIP). The City has previously declined coverage with APIP because the placement with the Fireman’s Fund (Allianz) was considered a favorably priced policy. Considering the sudden notice of non-renewal and the potential for a premium increase, the City’s Risk division contacted the ACCEL program administrators and asked them to market the City’s property insurance through APIP as an option for replacement coverage.

The City received a quote for APIP on June 26, 2025, in the amount of $477,873.38. The APIP policy provides a $375,000,000 limit of insurance per occurrence, which is 50% higher than the expiring policy. In addition to the higher policy limit, APIP offers broader coverage compared to the expiring policy. Loss of Business income and Extra Expense coverage, which includes costs such as temporary relocation and equipment rental while a building is being repaired or replaced, increases from a $9,999,995 sublimit to $50,000,000 under APIP. The APIP policy includes dedicated coverage for pollution liability, $100,000,000 in equipment breakdown protection, and expanded terrorism coverage, none of which are included at comparable levels in the expiring policy. For example, pollution and equipment breakdown are excluded under the expiring policy and coverage would only apply if those events led to a covered cause of loss. APIP treats pollution and equipment breakdown as covered perils, included within its $100,000,000 limit. Additionally, APIP offers automatic coverage for newly acquired properties up to $50,000,000, compared to only $1,000,000 under the expiring policy.

The City received a quote for replacement coverage provided by Fireman’s Fund, Arch Insurance, on June 27, 2025, in the amount of $536,954.00. The Arch policy is nearly identical to the cancelled policy and is approximately $59,000 more expensive than the APIP policy.

Quote Comparison - High-Level Summary
Cancelled Policy Fireman’s Fund/Allianz Insurance
Policy Year: 7/1/2024 - 6/30/2025
Total Premium: $523,570.00
Limit of Insurance: $250,000,000
All Risk Deductible: $50,000
Fireman’s Fund/Arch Insurance Policy (Replacement Coverage) 7/1/2025 - 6/30/2026
Total Premium: $536,954.00 (+$13,384 from previous year) Limit of Insurance: $250,000,000
All Risk Deductible: $50,000
APIP Policy (Replacement Coverage)
7/1/2025 - 6/30/2026
Total Premium: $477,873.38.00 (-$45,696.62 from previous year) Limit of Insurance: $375,000,000
All Risk Deductible: $50,000
Visalia City Council Page 2 of 3 Printed on 7/18/2025
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File #: 25-0315 Agenda Date: 7/21/2025 Agenda #: 34.

An RFP for broker services (RFP 23-24-54 Insurance Broker Services) is in process and will close on July 15, 2025. Future property renewals will be conducted by the broker selected from that RFP.

Fiscal Impact:
$477,873.38 paid from the Property Insurance fund. This amount is within budget for the fiscal year.

Prior Council Action: N/A
Other: N/A
Alternatives: 1) Bind property insurance coverage with Arch which is not recommended because it is more costly and provides less comprehensive coverage.
2) Do not approve the placement of our property insurance with Arch or APIP, which is not recommended because it would leave the City’s properties uninsured, including the loss of business interruption coverage.

Recommended Motion (and Alternative Motions if expected):

I move to approve the placement of the City’s property insurance with the Alliant Property Insurance Program, effective July 1, 2025, and authorize payment of the APIP policy in the amount of $477,873.38.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1) Notice of Non-Renewal. 2) APIP Quote. 3) Arch Quote Visalia City Council Page 3 of 3 Printed on 7/18/2025
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FIREMAN'S FUND INSURANCE COMPANY

ONE PROGRESS POINT PARKWAY
SUITE 200
OFALLON MO 63368

NOTICE OF NONRENEWAL OF INSURANCE
Named Insured & Mailing Address:

CITY OF VISALIA
220 NORTH SANTA FE STREET
VISALIA CA 93292
Producer BUCK0019
ARTHUR J GALLAGHER & CO. INSURANCE BROKERS
OF CA, INC.
501 WEST MAIN STREET
VISALIA CA 93291
The reason for nonrenewal is you will be issued a new policy that will reflect changes in terms and conditions and may include additional exclusions; including but not limited to a Communicable Disease Exclusion.

Producer
ARTHUR J GALLAGHER & CO. INSURANCE BROKERS
OF CA, INC.
501 WEST MAIN STREET
VISALIA CA 93291
FORM# CN9697CA51995 ODEN 3.0.25.02a Copy for Prod
Date Mailed:
16th day of April, 2025

AUTHORIZED REPRESENTATIVE
CACN22NONE APP
04152025MYNY

Policy No.: USC007189240
Type of Policy: PROPERTY COVERAGE
Date of Expiration: 07/01/2025; 12:01 A.M. Local Time at the mailing address of the Named Insured.

We will not renew this policy when it expires. Your insurance will cease on the Expiration Date shown above.

C~yfrPoucer 1031
2025-2026 Alliant Property Insurance Program (APIP) Property Proposal Page 1 of 11 City of Visalia 06/26/2025 03:28:06 PM
ALLIANT INSURANCE SERVICES, INC.

ALLIANT PROPERTY INSURANCE PROGRAM (APIP)

PROPERTY PROPOSAL
TYPE OF INSURANCE: Insurance Reinsurance
NAMED INSURED: City of Visalia
DECLARATION: 1-Cities 1
POLICY PERIOD: July 1, 2025 to July 1, 2026
COMPANIES: See Attached List of Companies

TOTAL INSURED
VALUES: $ 396,245,593 as of June 24, 2025

ALL RISK

COVERAGES &
SUB-LIMITS: $ 375,000,000 Per Occurrence: all Perils, Coverages (subject to policy exclusions) and all Named Insureds (as defined in the policy) combined, per Declaration, regardless of the number of Named Insureds, coverages, extensions of coverage, or perils insured, subject to the following per occurrence and/or aggregate sublimits as noted below. $ 5,000,000 Flood Limit - Per Occurrence and in the Annual Aggregate (for those Named Insured(s) that purchase this optional dedicated coverage).

Not Covered Per Occurrence and in the Annual Aggregate for scheduled locations in Flood Zones A & V (inclusive of all 100 year exposures). This Sub-limit does not increase the specific flood limit of liability for those Named Insured(s) that purchase this optional dedicated coverage.

Not Appplicable Per Occurrence for losses to locations in Tier 1 and/or Tier 2 Counties and resulting from a Named Windstorm.

Not Covered Earthquake Shock - Per Occurrence and in the Annual Aggregate (for those Named Insured(s) that purchase this optional dedicated coverage).
$ 100,000,000 Combined Business Interruption, Rental Income and Tuition Income (and related fees). However, if specific values for such coverage have not been reported as part of the Named
Insured's schedule of values held on file with Alliant Insurance Services, Inc., this sub-limit amount is limited to $500,000 per Named Insured subject to maximum of $2,500,000 Per
Occurrence, Per Declaration for Business Interruption, Rental Income and Tuition Income combined. Coverage for power
generating plants is excluded, unless otherwise specified. $ 50,000,000 Extra Expense.
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ALL RISK

COVERAGES &
SUB-LIMITS:
(continued)
Per Bound TIV Miscellaneous Unnamed Locations for Named Insureds excluding Earthquake Shock coverage for Alaska and
California locations. If Flood coverage is purchased for scheduled locations, this extension will extend to include Flood coverage for any location not situated in Flood Zones A or V. 180 Days Extended Period of Indemnity
See Policy Provisions $50,000,000, or a Named Insured's Policy Limit of Liability if less than $50,000,000, Automatic Acquisition for 120 days except:
- $25,000,000 Automatic Acquisition for 90 days for new submember and/or entity of an existing Pools, JPA or Group; - $25,000,000 Automatic Acquisition for 90 days for Vacant properties;
- $10,000,000 Automatic Acquisition for 120 days for Licensed Vehicles;
- $2,500,000 Automatic Acquisition for 60 days for additional property and/or interests in Tier 1 Wind Counties, Parishes and Independent Cities for the states of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Texas and/or situated anywhere within the states of Florida and Hawaii;
- The peril of Earthquake Shock is excluded for the states of Alaska and California;
- If Flood coverage is purchased for all scheduled locations, this extension will extend to include Flood coverage for any location not situated in Flood Zones A or V.
$ 1,000,000 Unscheduled Landscaping, tees, sand traps, greens, athletic fields and artificial turf; however, replacement of trees, plants and shrubs will be limited to the actual size of the destroyed plant, tree or shrub at the time of the loss up to a maximum size of 25 gallons per item but not to exceed $25,000 per item for existing Named Insureds excluding Earthquake Shock
coverage for Alaska and California locations. If Flood coverage is purchased for scheduled locations, this extension includes Flood coverage for any location not situated in Flood Zones A or V.
$ 5,000,000 or 110% of the scheduled values, whichever is greater, for Scheduled Landscaping, tees, sand traps, greens, athletic fields and artificial turf; however, replacement of trees, plants and shrubs will be limited to the actual size of the destroyed plant, tree or shrub at the time of the loss up to a maximum size of 25 gallons per item but not to exceed $25,000 per item. $ 5,000,000 or 120% of the scheduled values, whichever is less, for Scheduled Landfills (as more fully defined in the policy). $ 50,000,000 Errors & Omissions - This extension does not increase any more specific limit stated elsewhere in this policy or
Declarations.

ALL RISK

COVERAGES &
SUB-LIMITS:
(continued)
$ 25,000,000 Course of Construction and Additions (including new) for projects with completed values not exceeding the sub-limit shown. Projects valued greater than $15,000,000 require underwriting approval and a premium charge.
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2025-2026 Alliant Property Insurance Program (APIP) Property Proposal Page 3 of 11 City of Visalia 06/26/2025 03:28:06 PM
$ 500,000 Money & Securities for named perils only as referenced within the policy, however fraudulent impersonation, fraudulent instruction or similar events are excluded.
$ 2,500,000 Unscheduled Fine Arts.
$ 250,000 Accidental Contamination per occurrence and annual aggregate per Named Insured with $500,000 annual aggregate for all Named Insureds per Declaration. Coverage shall not attach or become insurance upon any property which at the time of loss is more specifically described and covered under any other policy form until the liability of such other insurance has first been exhausted and shall then cover only the excess of value of such property over and above the amount payable under such other insurance, whether collectible or not. $ 750,000 Unscheduled infrastructure including but not limited to tunnels, bridges, dams, catwalks (except those not for public use), roadways, highways, streets, sidewalks, culverts, channels, levees, dikes, berms, embankments, landfills (as more fully defined in the policy), docks, piers, wharves, street lights, traffic signals, meters, roadway or highway fencing (including
guardrails), and all similar property unless a specific value has been declared. Unscheduled infrastructure coverage is
excluded for the peril of Earthquake Shock and excluded for Federal Emergency Management Agency (FEMA) and/or
Office of Emergency Services (OES) declared disasters,
providing said declaration provides funding for repairs. $ 50,000,000 Increased Cost of Construction due to the enforcement of building codes/ ordinance or law (includes All Risk and Boiler & Machinery) except $2,500,000 for vacant properties.
$ 25,000,000 Transit - Physical Damage only.
$ 2,500,000 Unscheduled Animals; not to exceed $50,000 per Animal, per Occurrence.
$ 2,500,000 Unscheduled Watercraft up to 27 feet.

Not Covered Per Occurrence for Off Premises Vehicle Physical Damage. $ 25,000,000 Off Premises Services Interruption including Extra Expense resulting from a covered peril at non-owned/operated locations. $ 5,000,000 Per Occurrence Per Named Insured subject to an Annual Aggregate of $10,000,000 for Earthquake Shock on Licensed Vehicles, Unlicensed Vehicles, Contractor's Equipment and Fine Arts combined for all Named Insured(s) in this Declaration combined that do not purchase optional dedicated Earthquake Shock coverage, and/or where specific values for such items are not covered for optional dedicated Earthquake Shock coverage as part of the Named Insured's schedule of values held on file with Alliant Insurance Services, Inc..
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ALL RISK

COVERAGES &
SUB-LIMITS:
(continued)
$ 5,000,000 Per Occurrence Per Named Insured subject to an Annual Aggregate of $10,000,000 for Flood on Licensed Vehicles, Unlicensed Vehicles, Contractor's Equipment and Fine Arts combined for all Named Insured(s) in this Declaration combined that do not purchase optional dedicated Flood coverage, and/or where specific values for such items are not covered for optional dedicated Flood coverage as part of the Named
Insured's schedule of values held on file with Alliant Insurance Services, Inc..
$ 3,000,000 Contingent Business Interruption, Contingent Extra Expense, Contingent Rental Values and Contingent Tuition Income
separately.
$ 3,000,000 Tax Revenue Interruption – Per Policy Provisions. However, if specific values for such coverage have not been reported as part of the Named Insured’s schedule of values held on file with Alliant Insurance Services, Inc., this sub-limit amount is limited to $1,000,000 Per Occurrence – Per Policy Provisions. $ 500,000 Jewelry, Furs, Precious Metals and Precious Stones Separately.
$ 1,000,000 Claims Preparation Expenses.
$ 50,000,000 Expediting Expenses.
$ 100,000 Per Occurrence with a $1,000,000 Annual Aggregate per Declaration for Mold/Fungus Resultant Damage as more fully defined in the policy.
$ 100,000,000 Ingress/Egress Per Occurrence, Per Named Insured for the actual loss sustained during the period of time not exceeding 30 days when, as a direct result of physical loss or damage caused by a covered peril(s) specified by this Policy and occurring at property located within a 10 mile radius of covered property, ingress to or egress from the covered property by this Policy is prevented.
$ 100,000,000 Interruption By Civil Authority Per Occurrence, Per Named Insured for the actual loss sustained during the period of time not exceeding 30 days when, as a direct result of physical loss or damage caused by a covered peril(s) specified by this Policy and occurring at property located within a 10 mile radius of covered property, access to the covered property is specifically prohibited by order of a civil authority.
$ 10,000,000 Electronic Data Processing Media.
$ 1,000,000 Personal Property Outside of the USA (including associated Business Interruption).
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ALL RISK

COVERAGES &
SUB-LIMITS:
(continued)
Not Covered Per Occurrence Per Declaration Upgrade to Green Coverage subject to the lesser of, the cost of upgrade, an additional 25% of the applicable limit of liability shown in the schedule of values or this sub limit.

Not Covered for Communicable Disease.
$ 100,000 Per Occurrence while in Storage and In Transit coverage subject to $10,000 Deductible for Unmanned Aircraft as more fully defined in the Policy. Not Covered while in Flight.

See Policy Provisions Scheduled Vacant Building per Conditions in Section IV., Item I $ 2,500,000 Unscheduled Vacant Building per Policy Provisions Section IV., Item I
VALUATION: • Repair or Replacement Cost (RCV)
• Actual Loss Sustained for Time Element Coverages
• Contractor’s Equipment /Vehicles either Replacement Cost (RCV) or Actual Cash Value (ACV) as declared by each insured. If not declared, valuation will default to Actual Cash Value (ACV)

EXCLUSIONS
(Including but not
limited to):
• Seepage & Contamination
• Cost of Clean-up for Pollution
• Mold
Deductibles: If two or more deductible amounts provided in the Declaration Page apply for a single occurrence the total to be deducted shall not exceed the largest per occurrence deductible amount applicable. (The Deductible amounts set forth below apply Per Occurrence unless indicated otherwise). “ALL RISK”
DEDUCTIBLE: $ 50,000 Per Occurrence, which will apply in the event a more specific deductible is not applicable to a loss.

DEDUCTIBLES FOR

SPECIFIC PERILS
AND COVERAGES: $ 100,000 All Flood Zones Per Occurrence excluding Flood Zones A & V.

Not Covered Per Occurrence for Flood Zones A & V (inclusive of all 100 year exposures).

Not Applicable for losses to locations in Tier 1 and/or 2 Counties and resulting from a Named Windstorm.

DEDUCTIBLES FOR

SPECIFIC PERILS
AND COVERAGES:
(continued)
Not Covered Earthquake Shock: If the stated deductible is a flat dollar amount, the deductible will apply on a Per Occurrence basis, unless otherwise stated. If the stated deductible is on a percentage basis, the deductible will apply Per Occurrence on a Per Unit basis, as defined in the policy form, subject to the minimum deductible per occurrence.
$ 1,000 Per Occurrence for Specially Trained Animals.
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DEDUCTIBLES FOR

SPECIFIC PERILS
AND COVERAGES:
(continued)
$ 500,000 or the All Risk Basic Deductible, whichever is greater, for Unscheduled infrastructure including but not limited to tunnels, bridges, dams, catwalks (except those not for public use), roadways, highways, streets, sidewalks, culverts, channels, levees, dikes, berms, embankments, landfills (as more fully defined in the policy), docks, piers, wharves, street lights, traffic signals, meters, roadway or highway fencing (including
guardrails), and all similar property unless a specific value has been declared. Unscheduled infrastructure coverage is
excluded for the peril of Earthquake Shock and excluded for Federal Emergency Management Agency (FEMA) and/or
Office of Emergency Services (OES) declared disasters,
providing said declaration provides funding for repairs. $ 10,000 Per Vehicle or Item for Licensed Vehicles, Unlicensed Vehicles and Contractor's Equipment subject to $100,000 Maximum Per Occurrence, Per Named Insured for the peril of Earthquake Shock for Named Insured(s) who do not purchase dedicated Earthquake Shock limits.
$ 50,000 Per Occurrence Per Named Insured for this Declaration for Fine Arts for the peril of Earthquake Shock for Named Insured(s) who do not purchase dedicated Earthquake Shock limits.
$ 10,000 Per Vehicle or Item for Licensed Vehicles, Unlicensed Vehicles and Contractor's Equipment subject to $100,000 Maximum Per Occurrence, Per Named Insured for the peril of Flood for Named Insured(s) who do not purchase dedicated Flood limits. $ 50,000 Per Occurrence Per Named Insured for this Declaration for Fine Arts for the peril of Flood for Named Insured(s) who do not purchase dedicated Flood limits.

2.5% of Annual Tax Revenue Value per location for Tax Revenue Interruption.

Not Covered Per Occurrence for Off Premises Vehicle Physical Damage. If Off-Premises coverage is included/purchased, the stated deductible will apply to vehicle physical damage both on and off-premises on a Per Occurrence basis, unless otherwise stated. If Off-Premises coverage is not included, OnPremises/In-Yard coverage is subject to the All Risk (Basic) deductible.

Not Covered Per Occurrence for Contractor's Equipment.

Time Qualifiers
24 Hour Waiting Period for Ingress/Egress, per Occurrence, as further defined in the Policy Form.
24 Hour Waiting Period for interruption by Civil Authority, per Occurrence, as further defined in the Policy Form.
24 Hour Waiting Period for Off Premises Service Interruption per Occurrence, as further defined in the Policy Form.

SPECIAL TERMS AND
CONDITIONS:

It is understood and agreed that notwithstanding anything contained herein to the contrary the following shall apply to this Policy:
1037
2025-2026 Alliant Property Insurance Program (APIP) Property Proposal Page 7 of 11 City of Visalia 06/26/2025 03:28:06 PM
The following stand-alone coverages are provided by the APIP program but are not covered in the Limit of Liability or the Sub-Limits of Liability above or attached to the Master Policy Form Wording. However, the coverage costs are included in the APIP Total Cost noted below. Carriers providing these coverages are included in the Schedule of Carriers.
$ 100,000,000 Per Named Insured Per Occurrence subject to $200,000,000 Annual Aggregate of Declarations 1-14, 18-30 and 32-35
combined as respects Property Damage, Business Interruption, Rental Income and Extra Expense Combined for Terrorism
(Primary Layer).
$ 50,000 Per Occurrence Deductible for Primary Terrorism. $ 600,000,000 Per Named Insured for Terrorism (Excess Layer) subject to; $ 1,100,000,000 Per Occurrence, All Named Insureds combined in Declarations 1-14, 18-21, 23-30 and 32-35 for Terrorism (Excess Layer) subject to;
$ 1,400,000,000 Annual Aggregate shared by all Named Insureds combined in Declarations 1-14, 18-21, 23-30 and 32-35, as respects
Property Damage, Business Interruption, Rental Income and Extra Expense combined for Terrorism (Excess Layer).
$ 500,000 Per Occurrence Deductible for Excess Terrorism (Applies only if the Primary Terrorism Limit is exhausted).

Not Covered Information Security & Privacy Insurance with Electronic Media Liability Coverage. See attached Cyber Coverage Summary for applicable Limits. (Cyber Liability) If, insured purchases such coverage.
$ 25,000,000 Per Named Insured, Per occurrence subject to an Annual Aggregate of $50,000,000 combined for Declarations 1-14, 18- 30 and 32-35 as respects Personal and Real property for Cyber Attack Resultant Damage.

Included Pollution Liability Insurance Coverage. See attached Pollution Liability Insurance Coverage Document for applicable limits and deductibles. If, insured purchases such coverage. If, insured purchases such coverage.

TERMS &
CONDITIONS:

Sub-limits, terms and conditions are subject to change. 25% Minimum Earned Premium and cancellations subject to 10% penalty Except Cyber Liability Premium is calculated on a pro-rata basis, unless there is a claim in which case the premium is deemed fully earned. If, insured purchases such coverage.

Except Pollution Liability Premium is 100% Earned at Inception. If, insured purchases such coverage.

NOTICE OF
CANCELLATION: 90 Days except 10 Days for non-payment of premium 1038
2025-2026 Alliant Property Insurance Program (APIP) Property Proposal Page 8 of 11 City of Visalia 06/26/2025 03:28:06 PM
Annual Cost*
Total Property
Premium: $ 448,957.00
Excess Boiler: $ 5,472.00
Cyber Liability
Premium: $ 0.00
Pollution Liability
Premium: $ 4,042.00
ABS Fee: $ 4,823.00
SLT&F’s (Estimate) $ 14,579.38
Broker Fee: $ 0.00
TOTAL COST †:
(Including Taxes and
Fees)
$ 477,873.38
*Premiums are based on valid selectable options and the TIV’s above. Changes in TIV’s will require a premium adjustment. Please refer to invoice for new lock box remittance for address and account information. † TOTAL COST includes: premiums, underwriting fees, commissions, loss control expenses, program administration charges, and applicable taxes (excluding the Cyber Enhancement premium - should you have elected to purchase this coverage)
PRINT DATE:

PROPOSAL VALID UNTIL:

BROKER:

June 26, 2025
July 1, 2025
ALLIANT INSURANCE SERVICES, INC.

License No. 0C36861
Conor L. Boughey, ARM
Senior Vice President
Thomas Joyce
CPCU, ARM, Assistant Vice President
Dan Madej
SVP, PracticeDir,PEAnlyticsGrp
Janelle Manalo
Assistant Vice President
1039
2025-2026 Alliant Property Insurance Program (APIP) Property Proposal Page 9 of 11 City of Visalia 06/26/2025 03:28:06 PM
NOTES:
• Some coverage, limits, sub-limits, terms and conditions will change, as negotiations are ongoing. Changes will be documented and accompany the Binder Confirmation for July 1, 2025 bound terms. Coverage outlined in this Proposal is subject to the terms and conditions being negotiated with the policy. To be finalized and presented at Program Inception. • The program expects to continue purchasing Cyber Resultant Physical Damage cover which is provided to insureds purchasing Terrorism within the program – limits to be determined. See expiring Policy No. PF2409084 for current coverage details. • This proposal is based on the current loss experience and is subject to change if this insured’s loss ratio deteriorates further and/or if the markets suffer a catastrophic event • Change in Total Insurable Values will result in adjustment in premium • Each line of coverage is rated separately. Increases in TIV’s on highly rated coverages such as Vehicles, CE, EQ or 100 year Flood Zones, etc. may increase the insured’s average account rate. • The flood zones provided on the Schedule of Values (SOVs) are for rating purposes only. The actual flood zone will be determined at the time of loss. • Please refer to invoice for new lock box remittance for address and account information. 1040
2025-2026 Alliant Property Insurance Program (APIP) Property Proposal Page 10 of 11 City of Visalia 06/26/2025 03:28:06 PM

APIP SUMMARY OF PROPOSED PROPERTY CHANGES
BELOW IS A SUMMARY OF PROPOSED CHANGES FOR THE 2025-2026 POLICY PERIOD Coverage 2024-2025 2025-2026 Status
All Risk Limit $1,000,000,000 $1,250,000,000 Enhancement Tax Interruption
Sub-limit

2.5% of Annual Tax Revenue Value per Location
for Tax Interruption.

2.5% of Annual Tax Revenue Value per
Location for Tax Revenue Interruption. Clarification
Waiting Periods 24 Hour waiting periods
Added sub-section with new header
identifying 24 hour waiting periods as “Time
Qualifiers”
Clarification
Service
Interruption
24 Hour Waiting Period for Service Interruption for
All Perils and Coverages.
24 Hour Waiting Period for Off Premises
Service Interruption per Occurrence, as
further defined in the Policy Form Clarification
Ingress/Egress 24 Hour Waiting Period for Ingress/Egress 24 Hour Waiting Period for Ingress/Egress
per Occurrence, as further defined in the
Policy Form
Clarification
Civil Authority 24 Hour Waiting Period for Civil Authority 24 Hour Waiting Period for interruption by
Civil Authority, per Occurrence, as further
defined in the Policy Form
Clarification
Unscheduled
infrastructure $500,000 deducitble $500,000 or basic deductible whichever is higher Clarification

MASTER POLICY FORM PROPOSED CHANGES
Coverage 2024-2025 2025-2026 Status
Policy Period July 1, 2024 to July 1,2025 July 1, 2025 to July 1,2026 Update USA Form No. 20 21 Update
Section I, A.

Insuring
Agreement
In consideration of the premium paid by the Named
Insured to the Company, the Company agrees to
insure the following per the terms and conditions
herein.

In consideration of the premium paid by the
Named Insured to the Company, the program
carriers agree to insure the following per the
terms and conditions herein, including all
carrier endorsements, thereto.

Clarification
Section I E 2.n
Sub-limits
n. Unscheduled infrastructure
.. Unscheduled Infrastructure coverage is excluded
for the peril of Earthquake Shock, and for Federal
Emergency Management Agency (F.E.M.A.)
and/or any State Office of Emergency Services
(O.E.S.) declared disasters, providing said
declaration provides funding for repairs.

Unscheduled Infrastructure coverage is
excluded for the peril of Earthquake Shock
and excluded for Federal Emergency
Management Agency (F.E.M.A.) and/or any
State Office of Emergency Services (O.E.S.)
declared disasters, providing said declaration
provides funding for repairs.

Clarification
1041
2025-2026 Alliant Property Insurance Program (APIP) Property Proposal Page 11 of 11 City of Visalia 06/26/2025 03:28:06 PM

MASTER POLICY FORM PROPOSED CHANGES CONTINUED
Coverage 2024-2025 2025-2026 Status
Section I, H. Unit
of Insurance
Defined
H. Unit of Insurance Defined
H. Percentage Deductibles – Unit(s) of
Insurance Defined
When the applicable deductible is on a unit(s)
of insurance basis, subject to any applicable
minimum deductible(s) the amount of the
deductible shall be determined by applying
the percentages separately to each of the
following units of insurance:

Clarification
Tax Interruption Where Tax Interruption is referenced Revised to read: Tax Revenue Interruption Clarification Section II, B. 6.

Claim Preparation
Expenses
This Policy also insures as a direct result of
physical loss or damage insured hereunder any
claim preparation expenses including, but not
limited to, auditors, consultants and accountants.

However, the expenses of public adjusters are
specifically excluded
This Policy also insures as a direct result of
physical loss or damage insured hereunder
solely to any claim preparation expenses
including, but not limited to, auditors,
consultants and accountants. However, the
expenses of public adjusters, or those
expenses of any party associated with
prosecuting a claim for coverage under this
policy, are specifically excluded.

Clarification
Section II, D. 6.

Library Contents Expiring values Values inflated by 2024; 4th quarter rate of 3.5% Update
Section IV, 1.

Definition of
Vacant
However, the above definition of vacant, shall not
apply when customary business operations at a
building are temporarily suspended due to
circumstances that are usual to such business
operations, provided only that existing building
safeguards as described in part J. Protective
Safeguards are operational during the period of
temporary suspension.

However, the above definition of vacant,
shall not apply when customary business
operations at a building are temporarily
suspended due to circumstances that are
usual to such business operations, provided
only that existing building safeguards as
described in part J. Protective Safeguards
are operational during the period of
temporary suspension.

Clarification
Section IV, I. 4.

Other Vacancy
Conditions
a. …..the maximum amount recoverable shall not
be more than 120% of the amount reported on the
schedule of values held on file with Alliant
Insurance Services, Inc. for that building.
a. …..the maximum amount recoverable
shall not be more than the amount reported
on the schedule of values held on file with
Alliant Insurance Services, Inc. for that
building.

Clarification
Endorsement Endorsement 7 Pollution, Contamination,
Debris Removal Exclusion
Clarification
1042
2025-2026 Alliant Property Insurance Program (APIP) Boiler and Machinery Proposal Page 1 of 3 City of Visalia 06/26/2025 03:28:06 PM
ALLIANT INSURANCE SERVICES, INC.

ALLIANT PROPERTY INSURANCE PROGRAM (APIP)

BOILER AND MACHINERY PROPOSAL
NAMED INSURED: City of Visalia
POLICY PERIOD: July 1, 2025 to July 1, 2026
COMPANIES: See Attached List of Companies
TOTAL INSURED VALUES: $ 396,245,593 as of June 24, 2025 STATUS/RATING: See Attached List of Companies
COVERAGES & LIMITS: $ 100,000,000 Boiler Explosion and Machinery Breakdown, (for those Named Insureds that purchase this optional dedicated
coverage) as respects Combined Property Damage and
Business Interruption/Extra Expense (Including Bond
Revenue Interest Payments where Values Reported and
excluding Business Interruption for power generating
facilities unless otherwise specified). Limit includes loss adjustment agreement and electronic computer or
electronic data processing equipment with the following sub-limits:

Included Jurisdictional and Inspections.
$ 10,000,000 Per Occurrence for Service/Utility/Off Premises Power Interruption.

Included Per Occurrence for Consequential Damage/Perishable Goods/Spoilage.
$ 10,000,000 Per Occurrence for Electronic Data Processing Media and Data Restoration.
$ 2,000,000 Per Occurrence, Per Named Insured and in the Annual Aggregate per Declaration for Earthquake Resultant
Damage for Named Insureds who purchase Dedicated
Earthquake Shock Coverage.
$ 10,000,000 Per Occurrence for Hazardous Substances / Pollutants / Decontamination.

Included Per Occurrence for Machine or Apparatus used for Research, Diagnosis, Medication, Surgical, Therapeutic, Dental or Pathological Purposes.

NEWLY ACQUIRED
LOCATIONS: $ 25,000,000 Automatic Acquisition for Boiler & Machinery values at newly acquired locations. Values greater than
$25,000,000 or Power Generating Facilities must be
reported within 120 days and must have prior underwriting approval prior to binding
1043
2025-2026 Alliant Property Insurance Program (APIP) Boiler and Machinery Proposal Page 2 of 3 City of Visalia 06/26/2025 03:28:06 PM
VALUATION: Repair or Replacement except Actual Loss sustained for all Time Element coverages

EXCLUSIONS
(Including but not limited
to):
• Testing
• Explosion, except for steam or centrifugal explosion
• Explosion of gas or unconsumed fuel from furnace of the boiler OBJECTS EXCLUDED:
(Including but not limited
to):
• Insulating or refractory material
• Buried Vessels or Piping

NOTICE OF
CANCELLATION: 90 days except 10 days for non-payment of premium DEDUCTIBLES: $ 50,000 Except as shown for Specific Objects or Perils. $ 50,000 Electronic Data Processing Media.
$ 50,000 Consequential Damage.
$ 50,000 Objects over 200 hp, 1,000 KW/KVA/Amps or
Boilers over 5,000 square feet of heating surface.
$ 50,000 Objects over 350 hp, 2,500 KW/KVA/Amps or
Boilers over 10,000 square feet of heating surface.
$ 100,000 Objects over 500 hp, 5,000 KW/KVA/Amps or
Boilers over 25,000 square feet of heating surface.
$ 250,000 Objects over 750 hp, 10,000 KW/KVA/Amps or
Boilers over 75,000 square feet of heating surface.
$ 350,000 Objects over 25,000 hp, 25,000 KW/KVA/Amps or Boilers over 250,000 square feet of heating
surface.
$ 10 per foot / $2,500
Minimum
Deep Water Wells.
24 Hour Waiting Period Utility Interruption.
24 Hours Business Interruption/Extra Expense Except as
noted below.
30 Days Business Interruption - Revenue Bond.
5 x 100% of Daily Value Business Interruption - All objects over 750 hp or 10,000 KW/KVA/Amps or 10,000 square feet
heating surface.
5 x 100% of Daily Value Business interruption - All Objects at Waste Water Treatment Facilities and All Utilities.

Annual Cost
COST: Cost is included on Property Proposal
PRINT DATE: June 26, 2025
PROPOSAL VALID UNTIL: July 1, 2025
1044
2025-2026 Alliant Property Insurance Program (APIP) Boiler and Machinery Proposal Page 3 of 3 City of Visalia 06/26/2025 03:28:06 PM
BROKER: ALLIANT INSURANCE SERVICES, INC.

License No. 0C36861
Conor L. Boughey, ARM
Senior Vice President
Thomas Joyce
CPCU, ARM, Assistant Vice President
Dan Madej
SVP, PracticeDir,PEAnlyticsGrp
Janelle Manalo
Assistant Vice President
NOTES:
• Some coverage, limits, sub-limits, terms and conditions will change, as negotiations are ongoing. Changes will be documented and accompany the Binder Confirmation for July 1, 2025 bound terms. Coverage outlined in this Proposal is subject to the terms and conditions set forth in the policy.
• Please refer to the Policy for specific terms, conditions, and exclusions. • This proposal is based on the current loss experience and is subject to change if this insured’s loss ratio deteriorates further and/or if the markets suffer a catastrophic event. • Change in Total Insurable Values will result in adjustment in premium. 1045
2025-2026 Alliant Property Insurance Program (APIP) Pollution Liability Proposal Page 1 of 16 City of Visalia
ALLIANT INSURANCE SERVICES, INC.

ALLIANT PROPERTY INSURANCE PROGRAM (APIP)

POLLUTION LIABILITY COVERAGE PROPOSAL
TYPE OF INSURANCE: Insurance Reinsurance
TYPE OF COVERAGE: Claims Made and Reported Pollution Liability PROGRAM: Alliant Property Insurance Program (APIP)
NAMED INSURED: Any member(s), entity(ies), agency(ies), organization(s), enterprise(s), pool(s), Joint Powers Authority(ies) and/or individual(s) attached to each Declaration insured as per Named Insured Schedule on file with Insurer, listed below.

POLICY PERIOD: July 1, 2025 to July 1, 2026
RETROACTIVE DATE: This coverage shall only apply if the Pollution Incident or Disinfection Event giving rise to the Claim, Loss, Business Interruption Expenses or Extra Expenses commenced, in its entirety, on or after July 1, 2011, or the date that the Insured first joined the Alliant Property Insurance Program (APIP) for environmental or pollution insurance coverage, whichever is later, except for the following coverages:
• July 1, 2021 for Products Pollution and Exposure Liability; • July 1, 2021 for Contractor’s Pollution
• July 1, 2021 for Mold Matter
COMPANY: Ironshore Specialty Insurance Company
A.M. BEST
INSURANCE RATING::

A, Excellent, Financial Size Category XV
($2 Billion or greater)
Effective August 2, 2024

STANDARD & POORS
RATING:

A (Strong) as of May 19, 2024
ADMITTED STATUS: Non-Admitted in all states.

COVERED PROPERTY: Per the following Statements of Values (SOVs) submitted and on file with carrier:

1. PEPIP DEC 1 – SOVs

2. PEPIP DEC 2 – SOVs

3. PEPIP DEC 3 – SOVs

4. PEPIP DEC 4 – SOVs

5. PEPIP DEC 5 – SOVs

6. PEPIP DEC 11 – SOVs

7. PEPIP DEC 12 – SOVs

8. PEPIP DEC 14 – SOVs

9. PEPIP DEC 19 – SOVs

10. PEPIP DEC 23 – SOVs

11. PEPIP DEC 24 – SOVs

12. PEPIP DEC 26 – SOVs

13. PEPIP DEC 27 – SOVs

14. PEPIP DEC 28 – SOVs

15. PEPIP DEC 29 – SOVs

16. PEPIP DEC 30 – SOVs

17. PEPIP DEC 32 – SOVs
(Excludes SPIP, except as endorsed)

18. PEPIP DEC 33 – SOVs

19. PEPIP DEC 34 – SOVs

20. PEPIP DEC 35 – SOVs

21. PEPIP DEC 96 – SOVs
(Excluding HARPP members)
1046
2025-2026 Alliant Property Insurance Program (APIP) Pollution Liability Proposal Page 2 of 16 City of Visalia

COVERED PROPERTY
(Continued):

Covered locations are defined as any real property owned, leased, rented, operated or occupied by the Insured as of Policy Inception, including, but not limited to, any subsurface potable water, wastewater or storm water pipelines to or from a Covered Location provided that such pipelines are located within a one thousand (1,000) foot radius of such Covered Location. Also includes any roads including, but not limited to, any alleys, streets or bridges owned or operated by the Insured, any vacant land, including any parks, open spaces, easements or rights-of-way owned or operated by the Insured any location scheduled to this policy by endorsement.

COVERAGES & LIMITS: $25,000,000
$ 2,000,000
$ 2,000,000
$ 2,000,000
Policy Program Aggregate (all insureds combined)
Per Pollution Incident
Per Named Insured Aggregate
Per JPA/Pool Aggregate
SUB-LIMITS: $ 100,000
$ 100,000
$ 250,000
$ 250,000
$ 5,000,000
$ 1,000,000
$ 3,000,000
$ 3,000,000
$ 250,000
$ 2,000,000
$ 5,000,000
$10,000,000
$ 1,000,000
$ 2,000,000
$ 2,000,000
$10,000,000
$ 5,000,000
Disinfection Event Expenses Per Pollution Incident*
Disinfection Event Expenses Program Aggregate*
Image Restoration Expenses Per Pollution Incident*
Image Restoration Expenses Program Aggregate*
Mold Matter Loss, Business Interruption and Extra Expense Program Aggregate*
Mold Matter Restoration Costs, Business Interruption Expenses and Extra Expenses Program Aggregate*
Sewer Backup and Overcharge Program Aggregate*
Lead or Lead Containing Materials Program Aggregate – All Claims* Any Punitive, Exemplary and Multiplied Damages and Civil Fines, Penalties and Assessments*
Products Pollution and Exposure Liability Per Pollution Incident* Products Pollution and Exposure Liability Program Aggregate - Biosolids*
Products Pollution and Exposure Liability Program Aggregate – Potable Water*
Contractor’s Pollution Per Pollution Incident - Herbicide, Insecticide, Pesticide Applications Only*
Contractor’s Pollution Program Aggregate - Herbicide, Insecticide, Pesticide Applications Only*
Contractor’s Pollution Per Pollution Incident - All other Operations* Contractors Pollution Program Aggregate* - All other Operations* Wildfire Program Aggregate Sublimit*
*Note: the above sub-limits payable under this coverage do not increase and are not in addition to the applicable limit of liability.

EXTENDED REPORTING
PERIOD:

Automatic Extended Reporting Period
The Named Insured shall be entitled to an Automatic Extended Reporting Period for a period of ninety (90) days following the effective date of termination of this Policy for no additional premium. This automatic ERP does not apply if the insured has purchased other insurance to replace the insurance provided by this policy. 1047
2025-2026 Alliant Property Insurance Program (APIP) Pollution Liability Proposal Page 3 of 16 City of Visalia

SPECIFIC COVERAGE
PROVISIONS:

CLAIMS MADE AND REPORTED
Coverage A – Third Party Claims for Bodily Injury, Property Damage or Remediation Expenses:

Coverage for loss that the Insured becomes legally obligated to pay as a result of claims for Bodily Injury, Property Damage or Remediation Expenses directly resulting from a Pollution Incident, provided that the claim is first made against the Insured and reported to the Insurer, in writing, during the policy period.

Coverage B – Onsite First Party Remediation Expenses:

Coverage for Remediation Expenses incurred exclusively for remediation of pollutants that are on, at or under a covered location, provided that the pollution incident is first discovered by the Insured during the policy period, the Insured reports the pollution incident to the Insurer, in writing, during the policy period, and the pollution incident is promptly reported by the Insured to the appropriate governmental authority if and as required by environmental law.

Coverage C – Emergency Response Expenses:

To pay on behalf of the Insured, Emergency Response Expenses incurred by or on behalf of the Insured in response to an imminent and substantial threat to human health or the environment resulting from a Pollution Incident on, at , under or migrating from a Covered Property or arising from Transportation that commences, in its entirety, during the policy period. The Emergency Response Expenses must: (i) be incurred within seven (7) days of the commencement of such Pollution Incident; and (ii) be reported to the Insurer within fourteen (14) days of such commencement. For this Coverage to apply, the Pollution Incident giving rise to the Emergency Response Expenses must be unexpected and unintended from the standpoint of the Insured.

Coverage for Transportation is included in Emergency Response Expenses above.

Coverage D – Business Interruption:

Coverage for the Insured’s Business Interruption Expenses and Extra Expenses during the Period of Interruption that directly result from a Pollution Incident on, at or under a Covered Property.

This Coverage shall apply only if the Pollution Incident giving rise to the Business Interruption Expenses or Extra Expenses is first discovered by the Insured and reported to the Insurer, in writing, during the Policy Period, and such Pollution Incident results in Remediation Expenses covered under this Policy. Discovery of a Pollution Incident happens when a Responsible Insured first becomes aware of the Pollution Incident.

Further, if the interruption results from a Pollution Incident and any other cause(s), the Company shall only pay that portion of Business Interruption Expenses and Extra Expenses solely attributable to the Pollution Incident. In the event of a Period of Interruption, it is a condition precedent to Coverage that the Named Insured notifies the Company of the interruption within thirty (30) days of its commencement and that the Named Insured resume normal operation of the business as soon as possible and use all reasonable efforts to mitigate any Business Interruption Expenses and Extra Expenses.

Coverage E – Coverage for Disinfection Event Expenses
To pay on behalf of the Insured, Disinfection Expenses that directly result from a Disinfection Event at a Covered Property, provided that the Disinfection Event commences, in its entirety, during the Policy Period; such Disinfection Expenses are incurred within thirty (30) days of the first discovery of such Disinfection Event by a Responsible Insured; and the Insured reports the Disinfection Event to the Insurer, in writing, during the Policy Period and within fourteen (14) days of a Responsible Insured’s first discovery of such Disinfection Event.

Disinfection Expenses means reasonable fees and costs incurred by the Insured to retain third party qualified vendors to disinfect the actual presence of bacteria or virus at a Covered Property after a Disinfection Event.
1048
2025-2026 Alliant Property Insurance Program (APIP) Pollution Liability Proposal Page 4 of 16 City of Visalia

SPECIFIC COVERAGE

PROVISIONS -
CONTINUED:

Coverage F – Coverage for Image Restoration Expenses
To pay on behalf of the Insured, Image Restoration Expenses that directly result from an Image Restoration Event, provided that the Pollution Incident giving rise to the Image Restoration Event is on, at, under or migrating from a Covered Property or results from Transportation or Waste Disposal Activities; the Pollution Incident giving rise to the Image Restoration Expenses commenced, in its entirety, during the Policy Period; such Image Restoration Expenses are incurred by the Insured within fourteen (14) days of the first newspaper or magazine publication or television news broadcast associated with the Pollution Incident giving rise to the Image Restoration. Event; and the Pollution Incident giving rise to the Image Restoration Expenses is reported to the Company, in writing, during the Policy Period and within fourteen (14) days of a Responsible Insured’s first discovery of such Image Restoration Event.

Image Restoration Expenses are defined as reasonable and necessary public relations expenses to restore public reputation and consumer confidence. Image Restoration Expenses shall include fees and expenses incurred by public relations or crisis management firms and reasonable and necessary printing, mailing of materials and travel by directors, officers, employees or agents of the Named Insured at the direction of such firms. Image Restoration Expenses shall not include the costs to purchase advertising on television, in newspapers or in any other media.

Supplemental coverage for Contractors Pollution is included. This coverage covers third-party claims arising out of “your work”, provided the claim is first made and reported during the policy period. The Contractor’s Pollution must have commenced on or after 7/1/2021.

Supplemental coverage for Products Pollution and Exposure Liability is included. This coverage covers third-party claims arising out of product pollution, provided the claim is first made and reported during the policy period. The Products Pollution must have commenced on or after 7/1/2021.

Insured’s Products are defined as:
• Potable water manufactured, sold, handled or distributed by the Insured or others trading under the Insured’s name, and includes containers (other than automobiles, rolling stock, vessels or aircraft), materials, parts or equipment furnished in connection therewith, and includes warranties or representations made at any time with respect to the fitness, quality, durability, performance or use thereof, or the failure to provide warnings or instructions; or • Biosolid-derived fertilizers manufactured, sold, handled or distributed by the Insured or others trading under the Insured’s name, and includes containers (other than automobiles, rolling stock, vessels or aircraft), materials, parts or equipment furnished in connection therewith, and includes warranties or representations made at any time with respect to the fitness, quality, durability, performance or use thereof, or the failure to provide warnings or instructions.

Illicit Abandonment is included in the definition of pollution condition.

Other Insurance Condition
Any Loss covered under any other valid and collectible insurance, whether primary, excess, contingent, self-insurance, deductible or any other basis, including but not limited to any stand-alone policies purchased by a Named Insured, this insurance shall apply in excess of.

Mold matter and Legionella is included in the definition of Pollutant. Mold matter is defined as mold, mildew and fungi, whether or not such microbial matter is living.

Legionella means legionella pnuemophila.

Wildfire is defined as any hostile fire, wildland fire, forest fire, brush fire, vegetation fire, grass fire, peat fire, bushfire, hill hire, desert fire, veldfire, escaped prescribed fire or escaped wildland fire.
1049
2025-2026 Alliant Property Insurance Program (APIP) Pollution Liability Proposal Page 5 of 16 City of Visalia

SPECIFIC COVERAGE

PROVISIONS -
CONTINUED:

Automatic Acquisition – Automatic coverage for mid-term real property additions, upon the closing date of such acquisition, or the effective date of such lease, management, rental or occupation right or obligation, respectively, for no additional premium. Notice must be provided to the Insurer within 365 days, along with any supporting documentation reasonably requested by the underwriter. To the extent that the Insured has a Phase I Environmental Assessment (“Phase I”) for such acquired real property, a copy must be provided to the Insurer’s underwriter, unless the acquired real property is leased, managed or rented.

Coverage does not apply to any Remediation Expenses or Emergency Response Expenses incurred for the remediation of Mold Matter at such Acquired Real Property which is the result of any water intrusion or moisture condition prior to the Insured taking title or occupancy of such property. Any water-intrusion or moisture condition shall include, but not be limited to, any roof or building envelope leak, any heating, ventilation and air conditioning (HVAC) system improvement, replacement or upgrade or any plumbing or pipe leak.

Coverage is limited for Coverages A, B and D to Sudden and Accidental only for the Santa Barbara Municipal Airport. The pollution incident giving rise to such Remediation Expenses or Business Interruption Expenses and Extra Expenses must be discovered by the Insured during the policy period and within fifteen (15) days of commencement, the Pollution Incident is demonstrable as commencing on a specific date, and must be reported to the Insurer in writing during the policy period and no later than forty-five (45) days following the discovery of such Pollution Incident.

Blanket Underground Storage Tank coverage included, with a deductible of $500,000 for storage tanks less than twenty years old, a deductible of $375,000 for storage tanks between twenty and thirty years old, and a deductible of $500,000 for storage tanks which are thirty years old or older. Note: Does not meet financial assurance requirements.

Loss covered pursuant to any state storage tank fund, state administered insurance program or restoration funding for any underground storage tank(s) whose owners qualify for reimbursement, or any self-insurance fund established for the purpose of funding clean-up costs for pollution conditions from any underground storage tank(s), shall be considered primary insurance, to which the coverage afforded pursuant to this policy shall apply in excess.
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SPECIFIC COVERAGE

PROVISIONS -
CONTINUED:

Additional Insureds are as follows:
• Any Entity
• If any Named Insured pursuant to this Policy is a Public Entity, the following entities are additional insureds:
o A governmental agency or subdivision, department, municipal body, commission or board, or a not-for profit corporation which is owned or controlled by any Named Insured;
o An individual while acting in the capacity as a director of, officer of, trustee of, employee of, temporary or leased worker of, or staff member of, any Named Insured;
o A volunteer, but solely while acting within the scope of such duties and at the direction of any Named Insured;
o A paramedic or emergency technician, but solely while acting within the course and scope of employment or while acting as a volunteer pursuant to the direction of any Named Insured;
o An elective or appointive officer or a member of any such commission, board or agency of any Named Insured but solely while acting within the scope of duties as such; or
o A joint venture or partnership, including a mutual assistance pact, joint powers agreement or similar association, but only with respect to the conduct of the business of any named Insured on behalf of that entity or association and only to the extent of such Named Insured’s participation or interest in that entity or association.

If the Named Insured is an Educational Entity, the following persons or entities are additional insureds, individually and collectively, when acting solely within the scope of their duties, office, or employment for, and pursuant to the supervision of, any Named Insured:
• Members of the School Board;
• Officers;
• Employees;
• Temporary or Leased Workers;
• Authorized individual volunteers; or
• Student Body Organizations pursuant to the jurisdiction of the governing board, but only while pursuant to the supervision required by the governing board. 1051
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EXCLUSIONS (including
but not limited to):

Coverage does not apply to any claim or loss from:
• Aircraft, Auto or Watercraft – does not apply to Transportation • Asbestos, PCBs and Lead –
o Any asbestos, asbestos containing materials, lead, lead containing materials, including but not limited to lead-based paint, polychlorinated biphenyls (PCBs) or materials containing PCBs in, on, at, within or applied to any building, utility, structure or building material. This exclusion does not apply to Claims for Bodily Injury or Property Damage, or Remediation Expenses for the remediation of any soil, groundwater body, surface water body or sediment; or
o Any asbestos, asbestos containing materials, lead or lead-containing materials, other metals, including but not limited to copper, or metal containing materials in, on or applied to any water supply or collection equipment, system or infrastructure, including but not limited to water service lines; this does not apply to third-party claims for bodily injury or property damage, or for remediation expenses of any groundwater body, surface water body or sediment;
Further, this exclusion shall not apply to Remediation Expenses solely incurred for the remediation of asbestos, asbestos containing materials or lead-based paint which has been inadvertently displaced (not including any displacement associated with demolition, renovation or abatement) by an accident which occurs, in its entirety, during the Policy Period and is demonstrable by the Insured as commencing during the Policy Period, provided that such accident is reported to the Company within thirty (30) days of its commencement. However, there shall be no coverage for any costs incurred to: remove, abate, repair, dispose of or otherwise address any asbestos, asbestos containing materials or lead-based paint that has not been displaced by such accident, or to remove or dispose of any building, construction or demolition debris. Asbestos is fully excluded under Products Pollution and Exposure Liability coverage.
• Contractual Liability – This exclusion does not apply to liability that the Insured would have had in the absence of the contract or agreement or to liability assumed in an Insured Contract.
• Criminal Punishments
• Divested Property – does not apply to any Covered Property owned by an Insured as of Policy Inception which is leased to a third party, even if the Insured has relinquished operation or management control of such Covered Property, provided that such covered property was disclosed to the Insurer. • Employer Liability – This exclusion applies whether the Insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of such Bodily Injury.
• Insured’s Internal Expenses
• Insured’s Non-Compliance
• Insured vs. Insured
• Insured’s Professional Services – any professional services performed or rendered on behalf of the Insured, including but not limited to, medical services, recommendations, opinions and strategies rendered for architectural, consulting and engineering work, such as drawings, designs, maps, reports, surveys, change orders, plan specifications, assessment work, remedy selections site maintenance and equipment selection, and supervisory, inspection or engineering service.
• Material Change In Use – This exclusion shall not apply if the Insured submits prior written notice no less than thirty (30) days prior to such material change, and the Company approves such material change in an endorsement to this Policy issued within thirty (30) days of such notice.
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EXCLUSIONS (including
but not limited to):

Coverage does not apply to any claim or loss from:
• Non-Disclosure – does not apply to any Inadvertently Omitted Locations • Nuclear or Radiological Material
• Property Damage to Conveyances
• War
• Workers Compensation, Unemployment, Social Security, Disability and Similar Laws
• Waste Processing, Treatment or Disposal – does not apply to waste disposal activities at a non-owned disposal site.
• Airports – defined as any airport where enplanement occurs and/o cargo is moved for a fee and storage, transportation and the dispensing of fuel and/or deicing solution operations are conducted. This exclusion shall not apply to passenger airports with less than 2,500 passenger boardings per year, or to the Santa Barbara Municipal Airport.
• Oil and/or Gas Operations – only applies to oil and/or gas producing and refining facilities
• Firearms, Explosives or Military Weapons
• Activity Use Limitation
• Landfill Closure, Post-Closure and Reclamation Costs – any closure, post closure or reclamation costs or obligations, including but not limited to any costs associated with landfill caps or gas or leachate systems. Does not apply to claims for Bodily Injury or Property Damage.
• Combined Sewer Overflow – defined as any discharge of stormwater and / or wastewater into any body of water, including surface water or groundwater, arising from a sewer system (including but not limited to sewer lines, pipes, pumping stations, appurtenances and treatment plants) that handles both wastewater and stormwater due to the volume of stormwater and/or wastewater exceeding the capacity of such sewer system.
• Commercial Ports – Any commercial port where ships load and unload cargo. • Landfill
• Odor - Solely with respect to any Pollution Incident on, at, under or migrating from any location used (in whole or part) at any time (currently or historically) for the collection, treatment, recycling, management, incineration or disposal of waste materials, any Claim, in whole or part, due to or in any way associated with any odor; any Claim for Bodily Injury or Property Damage due to or associated with any gas or emissions that have migrated beyond the boundaries of a Covered Property; or any Claim for public or private nuisance due to or associated with any odor or any gas or emissions migration.
• Impoundments
• Engineering Controls / Operation and Maintenance (O&M) Costs • Groundwater and Surface Water Monitoring Costs
• COVID-19
• Capital Improvement – Applies to all locations, also applies to removal, replacement, repair or upgrade of an underground storage tank. • Voluntary Site Investigation – Applies to all locations. • Expected or Intended Injury or Damage (Product Pollution and Covered Operations only)
• Known Injury or Damage (Product Pollution and Covered Operations only) • Product Disposal (Product Pollution Only)
• Products as Waste (Product Pollution Only)
• Transportation (Product Pollution only)
• Damage to the Insured’s Product (Product Pollution Only) • Drinking Water Standards Exceedance (Product Pollution Only) • Material Change in Potable Water Supply Source (Product Pollution Only) • Conveyance (Covered Operations only)
• Business Interruption (Covered Operations Only)
• Owned Property (Covered Operations Only)
• Damage to Your Work (Covered Operations Only)
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EXCLUSIONS (including
but not limited to, Cont.):
• Any perfluorinated compound (PFC) or perfluoroalkyl or polyfluoroalkyl substance, including but not limited to 10:2 fluorotelomer sulfonic acid (10:2 FTS); 11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid (11ClPF3OUdS); 2H,2H,3H,3H-perfluorodecanoic acid (7:3 FTCA); 2H,2H,3H,3Hperfluorohexanoic acid (3:3 FTCA); 2H,2H,3H,3Hperfluorooctanoic acid (5:3 FTCA); 4,8-dioxa-3H-perfluorononanoic acid (ADONA); 4:2 fluorotelomer sulfonic acid (4:2 FTS); 6:2 fluorotelomer sulfonic acid (6:2 FTS); 8:2 fluorotelomer sulfonic acid (8:2 FTS); 9-chlorohexadecafluoro-3oxanonane-1-sulfonic acid (9ClPF3ONS); n-ethyl perfluorooctane sulfonamido ethanol (NEtFOSE); hexafluoropropylene oxide dimer acid (HFPO-DA or GenX); n-methyl perfluorooctane sulfonamido ethanol (NMeFOSE); n-ethyl
perfluorooctanesulfonamidoacetic acid (NEtFOSAA); n-ethyl perfluorooctane sulfonamide (NEtFOSA); n-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA); n-methyl perfluorooctane sulfonamide (MeFOSA); nonafluoro3,6- dioxaheptanoic acid (NFDHA); perfluoro(2-ethoxyethane) sulfonic acid (PFEESA); perfluoro-3-methoxypropanoic acid (PFMPA); perfluoro-4- methoxybutanoic acid (PFMBA); perfluorobutane sulfonic acid (PFBS); perfluorobutanoic acid (PFBA); perfluorodecane sulfonic acid (PFDS); perfluorodecanoic acid (PFDA); perfluorododecanoic acid (PFDoA); perfluoroheptane sulfonic acid (PFHpS); perfluoroheptanoic acid (PFHpA); perfluorohexadecanoic acid (PFHxDA); perfluorohexane sulfonic acid (PFHxS); perfluorohexanoic acid (PFHxA); perfluorononane sulfonic acid (PFNS); perfluorononanoic acid (PFNA); perfluorooctadecanoic acid (PFODA); perfluorooctane sulfonamide (PFOSA); perfluorooctane sulfonic acid (PFOS); perfluorooctanoic acid (PFOA); perfluoropentane sulfonic acid (PFPeS); perfluoropentanoic acid (PFPeA); perfluorotetradecanoic acid (PFTA); perfluorotridecanoic acid (PFTrDA); perfluoroundecanoic acid (PFUnA); perfluorodedecanesulfonic acid (PFDoS); polytetrafluoroethylene (PTFE); 8:2 fluorotelomer unsaturated carboxylic acid (8:2 FTUCA) or 8:2 polyfluoroalkyl phosphate diester (8:2 diPAP), or any precursor chemicals. PFAS shall include:
(i) any PFAS that falls within the structural definition set forth in 40 CFR 705.3, or any additions or amendments thereto; (ii) any anion forms, structural isomers or salts of PFAS associated with their corresponding acid forms, or any processing aids or residual materials contained therein; or (iii) any transformation or degradation compounds of PFAS. Further, PFAS shall also include aqueous film forming foam (AFFF) containing PFAS or any additives or component materials contained therein or degradation by-products thereof.

DEDUCTIBLE: $ 250,000
$ 500,000
Each Pollution Incident After July 1, 2021
Each Pollution Incident Prior to July 1, 2021
Any payments for covered loss paid by other insurance shall also be applied against the deductible amount.

Any am
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SPECIFIC
DEDUCTIBLES:
$ 250,000
$ 250,000
$ 250,000
$ 250,000
$ 350,000
$ 500,000
$ 500,000
*
Disinfection Event Expenses
Image Restoration Expenses
Products Pollution and Exposure Liability
Covered Operations
Mold Matter (*or $25,000 per room impacted, whichever is greater, with a $2,500,000 maximum – a room is considered equal to 250 sq ft of floor space, education, healthcare and hospitality locations only) Legionella
Sewer Backup and Overcharge deductible
$ 250,000
$ 375,000
$ 500,000
$ 1,000,000
Underground Storage Tanks (less than 20 years old)
Underground Storage Tanks (20-30 years old)
Underground Storage Tanks (more than 30 years old)
Wildfire Deductible
5 Days Business Interruption Waiting Period

CLAIMS REPORTING NOTICE

PLEASE NOTE THAT POLLUTION LIABILITY POLICIES CONTAIN EXTREMELY STRICT CLAIM REPORTING PROCEDURES. Below please find your policy specific claim reporting requirements - Please make sure you understand these obligations. Contact your Alliant Service Team with any questions.

THIS IS A CLAIMS MADE POLICY
This claims-made policy contains a requirement stating that this policy applies only to any claim first made against the Insured and reported to the insurer during the policy period or applicable extended reporting period. Claims must be submitted to the insurer during the policy period, or applicable extended reporting period, as required pursuant to the Claims/Loss Notification Clause within the policy in order for coverage to apply. Late reporting or failure to report pursuant to the policy’s requirements could result in a disclaimer of coverage by the insurer.
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LOSS REPORTING
REQUIREMENTS:

Written notice of any claim or pollution condition, within seven (7) days of discovery for pollution conditions requiring immediate emergency response. Concurrently, please send to:
1) Ironshore Environmental Claims CSO
28 Liberty Street, 5th Floor
New York, NY 10005 Office
By phone via: 24 Hour Claims Phone Number (888) 292-0249 FAX to: 646-826-6601
Email: [email protected]
2) Akbar Sharif
Alliant Insurance Services, Inc.
18100 Von Karman Avenue
10th Floor
Irvine, CA 92612
949 260-5088
949 756-2713 – fax
[email protected]

NOTICE OF
CANCELLATION: 90 days except 10 days for non-payment of premium

REINSTATEMENT
PROVISIONS:

Not Provided

POLLUTION LIABILITY
COST:

Cost is included in Total Property Premium
100% Earned Premium at Inception
QUOTE VALID UNTIL: July 1, 2025
BROKER: ALLIANT INSURANCE SERVICES, INC.

License No. 0C36861
NOTES:
• Some coverage, limits, sub-limits, terms and conditions will change, as negotiations are ongoing. Changes will be documented and accompany the Binder Confirmation for July 1, 2025 bound terms. • We reserve the right to request any additional information and make any modifications to the premiums, terms or conditions should there be any adverse claims activity between now and June 1, 2025. • This proposal is based on the current loss experience and is subject to change if this insured’s loss ratio deteriorates further and/or if the markets suffer a catastrophic event. • Change in Total Insurable Values will result in adjustment in premium. 1056

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Coverage 2024-2025 2025-2026
Pollution Liability
Policy Term July 1, 2024 to July 1,2025 July 1, 2025 to July 1, 2026 Retroactive Date
This coverage shall only apply if the Pollution
Incident or Disinfection Event giving rise to the
Claim, Loss, Business Interruption Expenses or
Extra Expenses commenced, in its entirety, on or
after July 1, 2011, or the date that the Insured first
joined the Alliant Property Insurance Program
(APIP) for environmental or pollution insurance
coverage, whichever is later, except for the following
coverages:
• July 1, 2024 for Products Pollution
and Exposure Liability;
• July 1, 2024 for Contractor’s Pollution
• July 1, 2024 for Mold Matter
This coverage shall only apply if the Pollution Incident or Disinfection Event giving rise to the Claim, Loss,
Business Interruption Expenses or Extra Expenses
commenced, in its entirety, on or after July 1, 2011, or the date that the Insured first joined the Alliant Property Insurance Program (APIP) for environmental or
pollution insurance coverage, whichever is later, except for the following coverages:
• July 1, 2021 for Products Pollution
and Exposure Liability;
• July 1, 2021 for Contractor’s Pollution
• July 1, 2021 for Mold Matter
A.M. Best Insurance
Rating
A, Excellent, Financial Category XV
($2 Billion or greater)
Effective August 8, 2023
A, Excellent, Financial Category XV
($2 Billion or greater)
Effective August 2, 2024
Standard and Poors
Insurance Rating A (Strong) as of February 28, 2024 A (Strong) as of May 19, 2024 Covered Property
Covered locations are defined as any location
identified in one of the SOVs listed above, on file
with the Insurer, as of Policy Inception, including,
but not limited to, any subsurface potable water,
wastewater or storm water pipelines to or from a
Covered Location provided that such pipelines are
located within a one thousand (1,000) foot radius of
such Covered Location. Also includes any
inadvertently omitted location and any location
scheduled to this policy by endorsement.

Covered locations are defined as any real property
owned, leased, rented, operated or occupied by the
Insured as of Policy Inception, including, but not limited to, any subsurface potable water, wastewater or storm
water pipelines to or from a Covered Location provided
that such pipelines are located within a one thousand
(1,000) foot radius of such Covered Location. Also
includes any roads including, but not limited to, any
alleys, streets or bridges owned or operated by the
Insured, any vacant land, including any parks, open
spaces, easements or rights-of-way owned or operated
by the Insured any location scheduled to this policy by endorsement.

Sub-Limits
$2,000,000
Mold Matter Loss, Business
Interruption and Extra Expense
Program Aggregate*
$5,000,000
Mold Matter Loss, Business
Interruption and Extra Expense
Program Aggregate*
$1,000,000 Legionella Per Named Insured
Aggregate*
Deleted
$2,000,000 Sewer Backup and Overcharge
Program Aggregate* $3,000,000 Sewer Backup and Overcharge Program Aggregate* $2,000,000
Lead or Lead Containing
Materials Program Aggregate –
All Claims*
$3,000,000 Lead or Lead Containing Materials
Program Aggregate – All Claims*
$5,000,000 Products Pollution and Exposure
Liability Program Aggregate* $5,000,000
Products Pollution and Exposure
Liability Program Aggregate -
Biosolids*
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Coverage 2024-2025 2025-2026
Sub-Limits
(Continued) $10,000,000
Products Pollution and Exposure
Liability Program Aggregate –
Potable Water*
$5,000,000
Contractors Pollution Program
Aggregate* - All other
Operations*
$10,000,000 Contractors Pollution Program
Aggregate* - All other Operations*
$500,000
Inadvertently Omitted Location
Per Named Insured Aggregate
Sublimit*
Deleted
Specific Coverage
Provisions
(Continued)
Supplemental coverage for Contractors Pollution is
included. This coverage covers third-party claims
arising out of “your work”, provided the claim is first made and reported during the policy period. The
Contractor’s Pollution must have commenced on or
after 7/1/2024.

Supplemental coverage for Contractors Pollution is
included. This coverage covers third-party claims
arising out of “your work”, provided the claim is first made and reported during the policy period. The
Contractor’s Pollution must have commenced on or
after 7/1/2021.

Supplemental coverage for Products Pollution and
Exposure Liability is included. This coverage covers
third-party claims arising out of product pollution,
provided the claim is first made and reported during
the policy period. The Products Pollution must have
commenced on or after 7/1/2024.

Supplemental coverage for Products Pollution and
Exposure Liability is included. This coverage covers
third-party claims arising out of product pollution,
provided the claim is first made and reported during the policy period. The Products Pollution must have
commenced on or after 7/1/2021.

Automatic Acquisition – Coverage for mid-term
transactions for values that are less than
$25,000,000 shall be added as a covered location,
upon the closing date of such acquisition, or the
effective date of such lease, management, rental or
occupation right or obligation, respectively, for no
additional premium. An application and notification
of title or occupancy must be provided to Ironshore
within 180 days.

Property valued at more than $25,000,000
purchased, leased or otherwise acquired by the
Insured needs to be reported to the Insurer within
180 days, along with a completed and signed Site
Pollution Incident Legal Liability Select Application
and shall be added as a covered location upon the
closing date of such acquisition subject to an
additional premium of $0.009885 per $1,000 of
Total Insurable Values, pro-rated with a minimum
premium of $450. There will be no additional
premium for any Covered Property with Total
Insurable Values which are less than $25,000,000.

Automatic Acquisition – Automatic coverage for midterm real property additions, upon the closing date of such acquisition, or the effective date of such lease,
management, rental or occupation right or obligation,
respectively, for no additional premium. Notice must
be provided to the Insurer within 365 days, along with
any supporting documentation reasonably requested
by the underwriter. To the extent that the Insured has
a Phase I Environmental Assessment (“Phase I”) for
such acquired real property, a copy must be provided
to the Insurer’s underwriter, unless the acquired real
property is leased, managed or rented.

Coverage is limited for Coverages A, B and D to
Sudden and Accidental only for any location with
Current or Historic use as an Airport or any
associated facility. The pollution incident giving rise to such Remediation Expenses or Business
Interruption Expenses and Extra Expenses must be
discovered by the Insured during the policy period
and within seven (7) days of commencement, the
Pollution Incident is demonstrable as commencing
on a specific date, and must be reported to the
Insurer in writing during the policy period and no
Coverage is limited for Coverages A, B and D to
Sudden and Accidental only for the Santa Barbara
Municipal Airport. The pollution incident giving rise to such Remediation Expenses or Business Interruption
Expenses and Extra Expenses must be discovered by
the Insured during the policy period and within fifteen (15) days of commencement, the Pollution Incident is
demonstrable as commencing on a specific date, and
must be reported to the Insurer in writing during the
policy period and no later than forty-five (45) days
following the discovery of such Pollution Incident.
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Coverage 2024-2025 2025-2026
later than twenty-one (21) days following the
discovery of such Pollution Incident.

Blanket Underground Storage Tank coverage
included, with a deductible of $500,000 for storage
tanks less than twenty-five years old, and a
deductible of $1,000,000 for storage tanks older
than twenty-five years. Note: Does not meet
financial assurance requirements.

Blanket Underground Storage Tank coverage included,
with a deductible of $500,000 for storage tanks less
than twenty years old, a deductible of $375,000 for
storage tanks between twenty and thirty years old, and
a deductible of $500,000 for storage tanks which are
thirty years old or older. Note: Does not meet
financial assurance requirements.

Exclusions
Any asbestos, asbestos containing materials, lead,
lead containing materials, including but not limited
to leadbased paint, polychlorinated biphenyls
(PCBs) or materials containing PCBs in, on, at,
within or applied to any building, utility, structure or building material. This exclusion does not apply to
Claims for Bodily Injury or Property Damage, or
Remediation Expenses for the remediation of any
soil, groundwater body, surface water body or
sediment; or
Any asbestos, asbestos containing materials, lead,
lead containing materials, including but not limited to lead-based paint, polychlorinated biphenyls (PCBs) or
materials containing PCBs in, on, at, within or applied to any building, utility, structure or building material.

This exclusion does not apply to Claims for Bodily
Injury or Property Damage, or Remediation Expenses
for the remediation of any soil, groundwater body,
surface water body or sediment; or
Airports – defined as any airport where
enplanement occurs and/or cargo is moved for a
fee and storage, transportation and the dispensing
of fuel and/or de-icing solution operations are
conducted. This exclusion shall not apply to
passenger airports with less than 2,500 passenger
boardings per year.

Airports – defined as any airport where enplanement
occurs and/or cargo is moved for a fee and storage,
transportation and the dispensing of fuel and/or deicing solution operations are conducted. This exclusion shall not apply to passenger airports with
less than 2,500 passenger boardings per year, or to
the Santa Barbara Municipal Airport.

Damage to Property (Covered Operations Only) Owned Property (Covered Operations Only) 1059

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Coverage 2024-2025 2025-2026
Exclusions,
Continued
Any perfluoroalkyl or polyfluoroalkyl substance
(PFAS), including but not limited to perfluoroalkyl
acids (PFAAs), perfluorooctanoic acid (PFOA),
perfluorooctane sulfonate (PFOS),
perfluoroheptanoic acid (PFHpA),
perfluorononanoic acid (PFNA),
perfluorohexanesulfonic acid (PFHxS), GenX,
“C8”, “ADONA,” perfluoroalkane sulfonyl fluoride
(PASF), perfluorobutanesulfonic acid (PFBS),
polytetrafluoroethylene (PTFE),
perfluoropolyethers (PFPEs), fluoropolymers,
perfluorononanoic acid or ammonium
perfluorooctanoate , or any associated salts, acids,
alcohols, precursor chemicals or related higher
homologue chemicals. Further, Pollutants shall not
include aqueous film forming foam (AFFF)
containing PFAS (at any concentration) or any
additives or component materials contained therein
or degradation by-products thereof.

Any perfluorinated compound (PFC) or perfluoroalkyl
or polyfluoroalkyl substance, including but not limited to 10:2 fluorotelomer sulfonic acid (10:2 FTS); 11-
chloroeicosafluoro-3-oxaundecane-1-sulfonic acid
(11ClPF3OUdS); 2H,2H,3H,3H-perfluorodecanoic acid
(7:3 FTCA); 2H,2H,3H,3H-perfluorohexanoic acid (3:3
FTCA); 2H,2H,3H,3Hperfluorooctanoic acid (5:3
FTCA); 4,8-dioxa-3H-perfluorononanoic acid
(ADONA); 4:2 fluorotelomer sulfonic acid (4:2 FTS);
6:2 fluorotelomer sulfonic acid (6:2 FTS); 8:2
fluorotelomer sulfonic acid (8:2 FTS); 9-
chlorohexadecafluoro-3oxanonane-1-sulfonic acid
(9ClPF3ONS); n-ethyl perfluorooctane sulfonamido
ethanol (NEtFOSE); hexafluoropropylene oxide dimer
acid (HFPO-DA or GenX); n-methyl perfluorooctane
sulfonamido ethanol (NMeFOSE); n-ethyl
perfluorooctanesulfonamidoacetic acid (NEtFOSAA);
n-ethyl perfluorooctane sulfonamide (NEtFOSA); nmethyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA); n-methyl perfluorooctane sulfonamide
(MeFOSA); nonafluoro3,6-dioxaheptanoic acid
(NFDHA); perfluoro(2-ethoxyethane) sulfonic acid
(PFEESA); perfluoro-3-methoxypropanoic acid
(PFMPA); perfluoro-4-methoxybutanoic acid (PFMBA);
perfluorobutane sulfonic acid (PFBS);
perfluorobutanoic acid (PFBA); perfluorodecane
sulfonic acid (PFDS); perfluorodecanoic acid (PFDA);
perfluorododecanoic acid (PFDoA); perfluoroheptane
sulfonic acid (PFHpS); perfluoroheptanoic acid
(PFHpA); perfluorohexadecanoic acid (PFHxDA);
perfluorohexane sulfonic acid (PFHxS);
perfluorohexanoic acid (PFHxA); perfluorononane
sulfonic acid (PFNS); perfluorononanoic acid (PFNA);
perfluorooctadecanoic acid (PFODA); perfluorooctane
sulfonamide (PFOSA); perfluorooctane sulfonic acid
(PFOS); perfluorooctanoic acid (PFOA);
perfluoropentane sulfonic acid (PFPeS);
perfluoropentanoic acid (PFPeA);
perfluorotetradecanoic acid (PFTA);
perfluorotridecanoic acid (PFTrDA);
perfluoroundecanoic acid (PFUnA);
perfluorodedecanesulfonic acid (PFDoS);
polytetrafluoroethylene (PTFE); 8:2 fluorotelomer
unsaturated carboxylic acid (8:2 FTUCA) or 8:2
polyfluoroalkyl phosphate diester (8:2 diPAP), or any
precursor chemicals. PFAS shall include: (i) any
PFAS that falls within the structural definition set forth in 40 CFR 705.3, or any additions or amendments
thereto; (ii) any anion forms, structural isomers or salts of PFAS associated with their corresponding acid
forms, or any processing aids or residual materials
contained therein; or (iii) any transformation or
degradation compounds of PFAS. Further, PFAS shall
also include aqueous film forming foam (AFFF)
containing PFAS or any additives or component
materials contained therein or degradation byproducts thereof. 1060

SUMMARY OF BOUND CHANGES
THE FOLLOWING ITEMS ARE PROPOSED CHANGES FOR THE 2025-2026 POLICY TERM 2025-2026 Alliant Property Insurance Program (APIP) Pollution Liability Proposal Page 16 of 16 City of Visalia
Coverage 2024-2025 2025-2026
Specific Deductibles
$350,000
Mold Matter (*or $50,000 per
room impacted, whichever is
greater – a room is considered
equal to 250 sq ft of floor space,
education, healthcare and
hospitality locations only)
$350,000
Mold Matter (*or $25,000 per room
impacted, whichever is greater, with
a $2,500,000 maximum – a room is
considered equal to 250 sq ft of floor
space, education, healthcare and
hospitality locations only)
$500,000 Underground Storage Tanks
(less than 25 years old) $250,000 Underground Storage Tanks (less than 20 years old) <Not Applicable> $375,000 Underground Storage Tanks (20-30 years old)
$1,000,000 Underground Storage Tanks
(more than 25 years old) $500,000 Underground Storage Tanks (more than 30 years old) Quote Valid Until July 1, 2024 July 1, 2025
1061
Last Updated: May 2023 Alliant Insurance Services, Inc. | www.alliant.com | CA License No. 0C36861 Page 1 Disclosures / Disclaimers
This proposal of insurance is provided as a matter of convenience and information only. All information included in this proposal, including but not limited to personal and real property values, locations, operations, products, data, automobile schedules, financial data and loss experience, is based on facts and representations supplied to Alliant Insurance Services, Inc. by you. This proposal does not reflect any independent study or investigation by Alliant Insurance Services, Inc. or its agents and employees.

Please be advised that this proposal is also expressly conditioned on there being no material change in the risk between the date of this proposal and the inception date of the proposed policy (including the occurrence of any claim or notice of circumstances that may give rise to a claim under any policy which the policy being proposed is a renewal or replacement).

In the event of such change of risk, the insurer may, at its sole discretion, modify, or withdraw this proposal, whether or not this offer has already been accepted.

This proposal is not confirmation of insurance and does not add to, extend, amend, change, or alter any coverage in any actual policy of insurance you may have. All existing policy terms, conditions, exclusions, and limitations apply. For specific information regarding your insurance coverage, please refer to the policy itself. Alliant Insurance Services, Inc. will not be liable for any claims arising from or related to information included in or omitted from this proposal of insurance.

Alliant embraces a policy of transparency with respect to its compensation from insurance transactions. Details on our compensation policy, including the types of income that Alliant may earn on a placement, are available on our website at www.alliant.com. For a copy of our policy or for any inquiries regarding compensation issues pertaining to your account you may also contact us at: Alliant Insurance Services, Inc., Attention: General Counsel, 701 B Street, 6th Floor, San Diego, CA 92101.

Analyzing insurers' over-all performance and financial strength is a task that requires specialized skills and in-depth technical understanding of all aspects of insurance company finances and operations. Insurance brokerages such as Alliant Insurance typically rely upon rating agencies for this type of market analysis. Both A.M. Best and Standard and Poor's have been industry leaders in this area for many decades, utilizing a combination of quantitative and qualitative analysis of the information available in formulating their ratings.

A.M. Best has an extensive database of nearly 6,000 Life/Health, Property Casualty and International companies. You can visit them via this www.AmBest.com. For additional information regarding insurer financial strength ratings visit Standard and Poor's website at www.standardandpoors.com.

Our goal is to procure insurance for you with underwriters possessing the financial strength to perform. Alliant does not, however, guarantee the solvency of any underwriters with which insurance or reinsurance is placed and maintains no responsibility for any loss or damage arising from the financial failure or insolvency of any insurer. We encourage you to review the publicly available information collected to enable you to make an informed decision to accept or reject a particular underwriter. To learn more about companies doing business in your state, visit the Department of Insurance website for that state.

New York Regulation 194 and General Broker Compensation Disclosure Alliant Insurance Services, Inc. is an insurance producer licensed by the State of New York and other States. Insurance producers are authorized by their license to confer with insurance purchasers about the benefits, terms and conditions of insurance contracts; to offer advice concerning the substantive benefits of particular insurance contracts; to sell insurance; and to obtain insurance for purchasers. The role of the producer in any particular transaction typically involves one or more of these activities.

Compensation will be paid to the producer, based on the insurance contract the producer sells. Depending on the insurer(s) and insurance contract(s) the purchaser selects, compensation will be paid by the insurer(s) selling the insurance contract or by another third party. Such compensation may vary depending on a number of factors, including the insurance contract(s) and the insurer(s) the purchaser selects. In some cases, other factors such as the volume of business a producer provides to an insurer or the profitability of insurance contracts a producer provides to an insurer also may affect compensation.
1062
Last Updated: May 2023 Alliant Insurance Services, Inc. | www.alliant.com | CA License No. 0C36861 Page 2 Disclosures / Disclaimers Cont.

The insurance purchaser may obtain information about compensation expected to be received by the producer based in whole or in part on the sale of insurance to the purchaser, and (if applicable) compensation expected to be received based in whole or in part on any alternative quotes presented to the purchaser by the producer, by requesting such information from the producer.

Declaration Limit Disclosure
Unless stated otherwise, coverage limits of liability and sub-limits of liability are shared across the Named Insured(s) designated in a single Declaration. Exceptions include:
• Terrorism coverage, if purchased by a specific Named Insured, is provided on a combined basis with a sub-limit of liability that is shared across Named Insureds covered under multiple relevant Declarations. • Flood and Earthquake sub-limits of liability, if purchased by a specific Named Insured and except as indicated below, are dedicated by Named Insured and cannot be reduced by losses sustained by other Named Insureds.

If a single Occurrence causes direct physical loss or damage to property of multiple Named Insureds covered by the same Declaration (or all relevant Declarations as respects Terrorism coverage), it is possible that the applicable shared limit of liability or sub-limit of liability may be insufficient to fully indemnify the physical loss or damage as sustained by multiple Named Insureds.

In the event of a loss or accumulation of losses whereby the amount of loss exceeds the applicable shared limit of liability or sub-limit of liability, the recovery available will be allocated on a proportional basis among individual Named Insureds under the same Declaration (or all relevant Declarations as respects Terrorism coverage). This allocation applies until exhaustion of limits on a per Occurrence basis and on an Annual Aggregate basis (if applicable). If a Named Insured’s claim reporting is delayed, such Named Insured’s recovery may be reduced or eliminated.

Furthermore, any Annual Aggregate limit of liability or sub-limit that is shared across all Named Insureds covered under a particular Declaration (or all relevant Declarations as respects Terrorism coverage) may be reduced or exhausted by the prior payment of claims arising out of separate Occurrences in the same Policy Period. As a result, it is possible that there may be no remaining limit available to pay a specific Named Insured’s claim under the Policy.

To the extent actually covered, the Annual Aggregate limits are as follows:
• Accidental Contamination
• Mold/Fungus Resultant Damage
• Terrorism
• Flood and Earthquake damage to Licensed Vehicles, Unlicensed Vehicles, Contractor’s Equipment and Fine Arts for Named Insured(s) that do not purchase optional dedicated Earthquake or Flood coverage Privacy
At Alliant, one of our top priorities is making sure that the information we have about you is protected and secure. We value our relationship with you and work hard to preserve your privacy and ensure that your preferences are honored. At the same time, the very nature of our relationship may result in Alliant’s collecting or sharing certain types of information about you in order to provide the products and services you expect from us. Please take the time to read our full Privacy Policy posted at www.alliant.com and contact your Alliant service team should you have any questions.

FATCA
The Foreign Account Tax Compliance Act (FATCA) requires the notification of certain financial accounts to the United States Internal Revenue Service. Alliant does not provide tax advice so please contact your tax consultant for your obligation regarding FATCA.
1063
Last Updated: May 2023 Alliant Insurance Services, Inc. | www.alliant.com | CA License No. 0C36861 Page 3 Disclosures / Disclaimers Cont.

NRRA
(Applicable if the insurance company is non-admitted)
The Non-Admitted and Reinsurance Reform Act (NRRA) went into effect on July 21, 2011. Accordingly, surplus lines tax rates and regulations are subject to change which could result in an increase or decrease of the total surplus lines taxes and/or fees owed on this placement. If a change is required, we will promptly notify you. Any additional taxes and/or fees must be promptly remitted to Alliant Insurance Services, Inc.

Changes and Developments
It is important that we be advised of any changes in your operations, which may have a bearing on the validity and/or adequacy of your insurance. The types of changes that concern us include, but are not limited to, those listed below:
▪ Mergers and/or acquisition and any change in business ownership, including percentages. ▪ Any newly assumed contractual liability, granting of indemnities or hold harmless agreements. ▪ Any changes in existing premises including vacancy, whether temporary or permanent, alterations, demolition, etc. Also, any new premises either purchased, constructed or occupied ▪ Circumstances which may require an increased liability insurance limit. ▪ Any changes in fire or theft protection such as the installation of or disconnection of sprinkler systems, burglar alarms, etc. This includes any alterations to the system. ▪ Immediate notification of any changes to a scheduled of equipment, property, vehicles, electronic data processing, etc.
▪ Property of yours that is in transit, unless previously discussed and/or currently insured.

Loss Notification Requirements:

Your policy will come with specific claim reporting requirements. Please make sure your organization understands these obligations and time limitations which are outlined in the attached Loss Notification documents. Contact your Alliant Service Team with any questions.
1064
City Of Visalia
13 Full Program Details
Property - Firem an's Fund Insurance Com pany
Property
Carrier Information Expiring Proposed
Policy Term 7/1/2024 - 7/1/2025 7/1/2025 - 7/1/2026
Carrier Fireman's Fund Insurance Company Fireman's Fund Insurance Company A.M. Best Rating A+ XV A+ XV
Admitted/Non-Admitted Admitted Admitted
Payment Method Agency Bill Agency Bill
Premium & Exposures Expiring Proposed
Premium $511,018.00 $523,983.00
TRIA $12,552.00 $12,971.00
Minimum Type None None
Estimated Cost $523,570.00 $536,954.00
Standard Coverages Expiring Proposed
Blanket - Business Real Property,
Business Personal Property, Business
Income, Extra Expense - Loc.#All
$250,000,000 $250,000,000
Business Income, Extra Expense Sublimit
– Loc #All - $9,999,995
Additional Coverages Expiring Proposed
Business Personal Property Subject to
Sublimits of Insurance :

Accounts Receivable - Loc.# all $500,000 $500,000
Data, Media, Software - Loc.# all $500,000 $500,000
Personal Effects - Loc.# all $500,000 $500,000
Personal Property of Others - Loc.# all $500,000 $500,000 Prototypes - Loc.# all $500,000 $500,000
Research and Development
Documentation - Loc.# all $500,000 $500,000
Valuable Papers and Records - Loc.# all $500,000 $500,000 Consequential Loss Assumption
Coverage - Loc.# all $250,000 $250,000
Contract Penalty Clause Coverage -
Loc.# all $250,000 $250,000
Debris Removal Coverage : -
Debris of Property Insured - Loc.# all $25,000,000 $25,000,000 Debris of Property Owned by Others -
Loc.# all $250,000 $250,000
Extended Warranty Coverage - Loc.# all $250,000 $250,000 Fine Arts Coverage : -
Miscellaneous Unscheduled Fine Arts : -
1065
City Of Visalia
14 Additional Coverages Expiring Proposed
Any One Item, Pair or Set - Loc.# all $10,000 $10,000
Per Occurrence or Loss Event - Loc.# all $100,000 $100,000 Fine Arts While at an Exhibition,
Exposition, Fair, Or Trade Show - Loc.#
all
$50,000 $50,000
Fire Department Service Charge
Coverage - Loc.# all $250,000 $250,000
Fire Equipment Protection Coverage -
Loc.# all $250,000 $250,000
Installation Coverage - Loc.# all $250,000 $250,000
Loss Avoidance or Mitigation Coverage -
Loc.# all $250,000 $250,000
Mobile Communication Equipment
Coverage - Loc.# all $250,000 $250,000
Money and Securities Coverage - Loc.#
all $250,000 $250,000
Money Orders and Counterfeit Currency
Coverage - Loc.# all $250,000 $250,000
Realty Tax Coverage - Loc.# all $250,000 $250,000
Removal of Property Coverage - Loc.# all $250,000 $250,000 Reward Coverage -
Any One Person - Loc.# all $10,000 $10,000
Per Occurrence or Loss Event - Loc.# all $250,000 $250,000 Salesperson's Samples Coverage - Loc.#
all $250,000 $250,000
Tenant's Lease Agreement Coverage -
Loc.# all $250,000 $250,000
Theft of Precious Commodities Coverage
- Loc.# all $250,000 $250,000
Business Income and Extra Expenses : -
Business Access Coverage - Loc.# all $250,000, 1 Mile(s) $250,000, 1 Mile(s) Civil Authority Coverage - Loc.# all $250,000, 1 Mile(s) $250,000, 1 Mile(s) Delayed Occupancy Coverage - Loc.# all $250,000 $250,000 Expediting Expense Coverage - Loc.# all $250,000 $250,000 Extended Business Income and Extra
Expense Coverage -
Business Income Coverage - Loc.# all 365 Day(S) 365 Day(S) Extra Expense Coverage - Loc.# all 365 Day(S) 365 Day(S) Leasehold Interest Coverage - Loc.# all $250,000 $250,000 Research and Development Operations
Coverage - Loc.# all $250,000 $250,000
Tenant Moving Coverage - Loc.# all $250,000 $250,000
Dependent Property Coverage - See Below See Below
Property, Business Income and Extra
Expenses : -
Communicable Disease Coverage -
1066
City Of Visalia
15 Additional Coverages Expiring Proposed
Per Occurrence or Loss Event - Loc.# all $25,000 $25,000 Annual Aggregate - Loc.# all $25,000 $25,000
Fungus Remediation Coverage - Loc.# all $100,000 $100,000 Loss Adjustment Expense Coverage -
Loc.# all $500,000 $500,000
Newly Acquired Location Coverage -
Loc.# all $1,000,000 $1,000,000
Ordinance or Law Coverage - Coverage
a Through E - See Below See Below
Outdoor Trees, Shrubs, Plants, And Lawn
Coverage -
Any One Tree, Shrub, Plant, Or Lawn -
Loc.# all $1,000 $1,000
Per Occurrence or Loss Event - Loc.# all $250,000 $250,000 Pollutant Cleanup Coverage -
Per Occurrence or Loss Event - Loc.# all $500,000 $500,000 Annual Aggregate - Loc.# all $500,000 $500,000
Trade Show Coverage - Loc.# all $100,000 $100,000
Transit Coverage -
Your Vehicles - Loc.# all $100,000 $100,000
Carriers for Hire - Loc.# all $100,000 $100,000
International Air Shipments - Loc.# all $100,000 $100,000 Unintentional Property Errors and
Omissions Coverage - Loc.# all $250,000 $250,000
Unnamed Location Coverage - Loc.# all $250,000 $250,000 Utility Services Coverage - Loc.# all $250,000 $250,000 Ordinance or Law Coverage : -
Coverage a - Loc.# all Included Included
Coverage B & C Blanket - Loc.# all $1,000,000 $1,000,000 Coverage D - Loc.# all $1,000,000 $1,000,000
Coverage E - Loc.# all $1,000,000 $1,000,000
Unscheduled Dependent Property -
Storm, Named Storm, Hurricane : -
Blanket Per Occurrence Limit(S) of
Insurance - $250,000 $250,000
Fire Protection Equipment Leakage from
Earth Movement -
Blanket - Per Loss Event - Loc.# 66, 100-
102, 105, 114-115,118 $50,000,000 $50,000,000
Blanket - Annual Aggregate - Loc.# 66,
100-102, 105, 114-115,118 $50,000,000 $50,000,000
Blanket - Property-Gard Pinnacle - Green
Coverage : - Loc.# all Included Included
Extensions of Coverage :

Green Certification Upgrade Coverage $50,000 $50,000
1067
City Of Visalia
16 Additional Coverages Expiring Proposed
Vegetated Roof and Heat Island Effect
Coverage
Refer to Outdoor Trees, Shrubs, Plants
and Lawns Coverage
Refer to Outdoor Trees, Shrubs, Plants
and Lawns Coverage
Professional Design Consulting Coverage $50,000 $50,000 Commissioning Expense Coverage :

Commissioning or Retro-Commissioning
Services $50,000 $50,000
Test and Balance Analysis $50,000 $50,000
Certification Fees Coverage $50,000 $50,000
Recycling Additional Expense Coverage $50,000 $50,000
Flush-out Coverage $50,000 $50,000
Green Financial Incentive Coverage $50,000 $50,000
Porous Paving Coverage $50,000 $50,000
Green Mobile Equipment Coverage $50,000 $50,000
Miscellaneous Green Property Coverage $50,000 $50,000
Property-Gard Pinnacle - Employee Theft
and Forgery or Alteration Coverage -
Limited :

Employee Theft and Forgery or Alteration
- Limited
Property of Your Client - Inside the
Premises of a Client $10,000 $10,000
Per Occurrence $50,000 $50,000
Annual Aggregate $50,000 $50,000
Equipment Breakdown Coverage Limits
of Insurance : Per Accident
Property Insured $100,000,000 $100,000,000
Business Income Coverage Included Included
Extra Expense Coverage Combined with Business Income Combined with Business Income Expediting Expense Coverage $250,000 $250,000
Hazardous Substance Coverage $250,000 $250,000
Perishable Stock Coverage $250,000 $250,000
Data Restoration Coverage $250,000 $250,000
Service Interruption Coverage $250,000 $250,000
Fungus Remediation Coverage Follows Property Limits of Insurance Follows Property Limits of Insurance Maximum Limit any One Combined Loss $100,000,000 $100,000,000 Property-Gard Pinnacle - Perishable
Stock Coverage :

Per Occurrence or Loss Event Limit -
Loc.# 113 $100,000 $100,000
Annual Aggregate Limit - Loc.# 113 $100,000 $100,000
Property-Gard Pinnacle - Crisis
Management Coverage :

Crisis Event Response Communication
Cost
Per Occurrence or Loss Event $25,000 $25,000
1068
City Of Visalia
17 Additional Coverages Expiring Proposed
Annual Aggregate $25,000 $25,000
Crisis Event Business Income and Extra
Expense Coverage
Per Occurrence or Loss Event $25,000 $25,000
Annual Aggregate $25,000 $25,000
Post Crisis Event Expense Coverage
Per Occurrence or Loss Event $25,000 $25,000
Annual Aggregate $25,000 $25,000
Property-Gard Pinnacle - Municipality
Extension Endorsement :

Commandeered Property Coverage
Per Occurrence or Loss Event $50,000 $50,000
Annual Aggregate $50,000 $50,000
Lost Key Coverage $50,000 $50,000
Extension of Coverage Applicable Only to
Business Income and Extra Expense
Coverage :

Emergency Vacating Expense
Per Occurrence or Loss Event $50,000 $50,000
Annual Aggregate $50,000 $50,000
Forensic Information Technology Review
Coverage Sublimit $5,000 $5,000
Legal Review Coverage Sublimit $5,000 $5,000
Public Relations Services Coverage
Promotion Cost Per any One Affected
Individual $15,000 $15,000
Public Relations Services Coverage
Sublimit $15,000 $15,000
Regulatory Fines and Penalties Coverage
Sublimit $50,000 $50,000
Payment Card Industry Fines and
Penalties Coverage Sublimit $50,000 $50,000
Named Detrimental Code Sublimit $50,000 $50,000
Per Personal Data Compromise Event $50,000 $50,000
Data Compromise Annual Aggregate $50,000 $50,000
Deductibles/SIR Expiring Proposed
Deductible : Property-Gard Pinnacle -
Combined Dollar Deductible - Loc.# All $50,000 $50,000
Deductible : Consequential Loss
Assumption Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Contract Penalty Clause
Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Debris Removal Coverage :

Deductible : Debris of Property Owned by
Others - Loc.# All $1,000 $1,000
1069
City Of Visalia
18 Deductibles/SIR Expiring Proposed
Deductible : Extended Warranty
Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Fine Arts Coverage :

Deductible : Miscellaneous Unscheduled
Fine Arts :

Deductible : Any One Item, Pair or Set -
Loc.# All Policy Deductible Policy Deductible
Deductible : Per Occurrence or Loss
Event - Loc.# All Policy Deductible Policy Deductible
Deductible : Fine Arts while at an
Exhibition, Exposition, Fair, or Trade
Show - Loc.# All
Policy Deductible Policy Deductible
Deductible : Fire Department Service
Charge Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Installation Coverage - Loc.#
All Policy Deductible Policy Deductible
Deductible : Mobile Communication
Equipment Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Money and Securities
Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Money Orders and
Counterfeit Currency Coverage - Loc.#
All
Policy Deductible Policy Deductible
Deductible : Realty Tax Coverage - Loc.#
All Policy Deductible Policy Deductible
Deductible : Reward Coverage :

Deductible : Salesperson's Samples
Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Tenant's Lease Agreement
Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Theft of Precious
Commodities Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Business Income and Extra
Expenses :

Deductible : Business Access Coverage -
Loc.# All 24 Hour(s) 24 Hour(s)
Deductible : Civil Authority Coverage -
Loc.# All 24 Hour(s) 24 Hour(s)
Deductible : Delayed Occupancy
Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Extended Business Income
and Extra Expense Coverage :

Deductible : Leasehold Interest Coverage
- Loc.# All Policy Deductible Policy Deductible
Deductible : Research and Development
Operations Coverage - Loc.# All Policy Deductible Policy Deductible 1070
City Of Visalia
19 Deductibles/SIR Expiring Proposed
Deductible : Tenant Moving Coverage -
Loc.# All Policy Deductible Policy Deductible
Deductible : Dependent Property
Coverage See Below See Below
Deductible : Property, Business Income
and Extra Expenses :

Deductible : Communicable Disease
Coverage :

Deductible : Per Occurrence or Loss
Event - Loc.# All Policy Deductible Policy Deductible
Deductible : Fungus Remediation
Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Loss Adjustment Expense
Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Newly Acquired Location
Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Ordinance or Law Coverage
- Coverage A through E See Below See Below
Deductible : Outdoor Trees, Shrubs,
Plants, and Lawn Coverage :

Deductible : Per Occurrence or Loss
Event - Loc.# All Policy Deductible Policy Deductible
Deductible : Pollutant Cleanup Coverage
:

Deductible : Per Occurrence or Loss
Event - Loc.# All Policy Deductible Policy Deductible
Deductible : Trade Show Coverage -
Loc.# All Policy Deductible Policy Deductible
Deductible : Transit Coverage :

Deductible : Your Vehicles - Loc.# All $1,000 $1,000
Deductible : Carriers for Hire - Loc.# All $1,000 $1,000 Deductible : International Air Shipments -
Loc.# All $1,000 $1,000
Deductible : Unintentional Property Errors
and Omissions Coverage - Loc.# All Policy Deductible Policy Deductible Deductible : Unnamed Location
Coverage - Loc.# All Policy Deductible Policy Deductible Deductible: Unscheduled Dependent
Property : - -
Deductible: Time Element 24 Hour(S) 24 Hour(S)
Deductible: Time Element Minimum
Deductible $50,000 $50,000
Deductible: Fire Protection Equipment
Leakage from Earth Movement : - -
Deductible: Property Damage 5 % - Loc.# 66, 100-102, 105, 114-115, 118
5 % - Loc.# 66, 100-102, 105, 114-115,
118
1071
City Of Visalia
20 Deductibles/SIR Expiring Proposed
Deductible: Property Damage Minimum
Deductible
$50,000 - Loc.# 66, 100-102, 105, 114-
115, 118
$50,000 - Loc.# 66, 100-102, 105, 114-
115, 118
Deductible: Time Element 432 Hour(s) - Loc.# 66, 100-102, 105, 114-115, 118
432 Hour(s) - Loc.# 66, 100-102, 105,
114-115, 118
Deductible: Time Element Minimum
Deductible
$50,000 - Loc.# 66, 100-102, 105, 114-
115, 118
$50,000 - Loc.# 66, 100-102, 105, 114-
115, 118
Deductible: Property-Gard Pinnacle -
Employee Theft and Forgery or Alteration
Coverage - Limited :
- -
Deductible: Property of Your Client -
Inside the Premises of a Client Policy Deductible Policy Deductible Deductible: Per Occurrence $1,000 $1,000
Deductible: Annual Aggregate Policy Deductible Policy Deductible Deductible: Equipment Breakdown
Coverage Deductibles : - -
Deductible: Property Insured - Per
Accident $10,000 $10,000
Deductible: Time Element Loss - Per
Accident 1 Times Adv 1 Times Adv
Deductible: Minimum Time Element
Deductible $50,000 $50,000
Deductible: Property Insured $10,000 $10,000
Deductible: Except Motors,Pumps&Deep
Well Pump Units
$25.00 Per Horsepower, $10,000
Minimum
$25.00 Per Horsepower, $10,000
Minimum
Deductible: Except Ice/Generator Units $40.00 Per Horsepower, $10,000 Minimum
$40.00 Per Horsepower, $10,000
Minimum
Deductible: Time Element Loss 1 Times Adv 1 Times Adv
Deductible: Except Ice/Generator Units 45 Days 45 Days
Deductible: Property-Gard Pinnacle -
Perishable Stock Coverage : - -
Deductible: Per Occurrence or Loss
Event Deductible Property Damage Loss $50,000 $50,000
Deductible: Per Occurrence or Loss
Event Deductible Time Element Loss 24 Hours 24 Hours
Deductible: Minimum Time Element
Deductible $50,000 $50,000
Deductible: Crisis Event Business Income
and Extra Expense Coverage : - -
Deductible: Per Occurrence or Loss
Event - Deductible Time Element Loss 24 Hours 24 Hours
Deductible: Per Occurrence or Loss
Event - Minimum Time Element
Deductible
$50,000 $50,000
Deductible: Per Personal Data
Compromise Event $2,500 $2,500
1072
City Of Visalia
21 Valuations Expiring Proposed
Replacement Cost Applies Applies
Coinsurance Expiring Proposed
Coinsurance No Coinsurance Applies No Coinsurance Applies Endorsements (including but not limited to)
Disclosure Of Premium And Estimated Premium For Certified Acts Of Terrorism Coverage (Pursuant To Terrorism Risk Insurance Act) - 145927 01 15
Property Coverage Section - Declarations
Property-Gard Pinnacle Coverage Form - 250000 01 13
Property-Gard Pinnacle - Additional Covered Causes Of Loss - 250001 01 13 Property-Gard Pinnacle - Additional Property Not Insured - 250012 01 13 Property-Gard Pinnacle - Green Coverage Endorsement - 250031 01 13 Property-Gard Pinnacle - Combined Dollar Deductible - 250033 01 13 Property-Gard Pinnacle - Employee Theft And Forgery Or Alteration Coverage Limited - 250037 01 13 Property-Gard Pinnacle - Equipment Breakdown Coverage Endorsement - 250048 01 13 Property-Gard Pinnacle - Perishable Stock Coverage - 250058 01 13 Property-Gard Pinnacle - Crisis Management Coverage - 250062 10 22 Property-Gard Pinnacle - Municipality Extension Endorsement - 250063 01 13 Property-Gard Pinnacle - California State Exception Endorsement - 250070 01 13 Property-Gard Pinnacle - Data Compromise Coverage - 250133 10 17 Fraud Statement - California - 145998 02 23
Exclusions (including but not limited to)
Property-Gard Pinnacle - Conditional Vacancy Exclusion - 250050 01 13 Perils Covered:

Type Description
Special Form Perils Applies
Binding Requirements:

Description
Subject To: Signed TRIA Form
- Signed Terrorism Form (if rejecting coverage)
- Please provide street addresses for all Visalia Municipal Airport locations Other Significant Terms and Conditions/Restrictions:

Description
Premium Includes Equipment Breakdown Of $83,528
1073
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0275 Agenda Date: 7/21/2025 Agenda #: 1.

Agenda Item Wording:

Massage Establishment Ordinance Adoption - Public Hearing and First Reading of Ordinance No. 2025-03, a request by the City of Visalia to amend Visalia Municipal Code Section 5.68 “Massage Establishments” and First Reading of Ordinance for Adoption of Zoning Text Amendment No. 2025- 02, a request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning), Chapter 17.04 Definitions and Chapter 17.25 Uses in the Mixed Use, Office, and Industrial Zones, designating Massage Establishments as a conditionally permitted use in the Regional Commercial (C-R) zone.

Prepared by:

Tracy Robertshaw, Neighborhood Preservation Manager, (559)713-4187, [email protected]
Paul Bernal, Planning and Community Preservation Director, (559)713-4025, [email protected] Department Recommendation: Staff recommends that the Visalia City Council hold a public hearing, receive a presentation and staff report, and introduce the first reading of Ordinance No. 2025-02 amending Visalia Municipal Code Section 5.68 “Massage Establishments” and Visalia Municipal Code Title 17 (Zoning), Chapter 17.04 Definitions and Chapter 17.25 Uses in the Mixed Use, Office, and Industrial Zones designating Massage Establishments as conditionally permitted use in the Regional Commercial (C-R) zone.

Summary:

On May May 19, 2025, a work session item was held with the City Council to conduct a review of the ordinance requirements related to Massage Establishments. During the presentation, and as noted in the staff report, several areas of the Massage Establishment ordinance were identified that required correction.

Additionally, a Stakeholders meeting was held on July 9, 2025, with 16 stakeholders in attendance.

During the meeting the items currently in the ordinance as well as the requirements of Emergency Ordinance 2024-03 were discussed.

The sections discussed that staff identified as needing revisions are as follows:

1. 5.68.020 Definitions

2. 5.68.060 Background Requirements

3. 5.68.070 Display of Permit

4. 5.68.100 Facilities and Operations

5. 5.68.130 Revocation

6. 5.68.150 Appeal

7. 17.04 Definitions

8. 17.25.030 City’s Zone Use Matrix
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The stakeholders voiced concerns regarding the prohibition against locked exterior doors as required in Emergency Ordinance 2024-03. All advised that it was a matter of safety that the doors lock when all staff members were providing services in massage rooms, leaving exterior doors unmanned.

Also of concern to stakeholders is the forty-watt bulb requirement in the emergency ordinance. All advised that this is extremely bright and exceeds the industry standards, impacting a client’s ability to relax and benefit from the massage. However, all expressed that the lighting should be sufficient for the client and masseuse to distinguish items in the room and safely exit if necessary.

City staff modified the proposed ordinance to remove the prohibition against locked exterior doors and modified the lighting requirement.

Background Discussion:

The following is a summary of the revisions made, based on Council direction, to the applicable sections of Chapter 5.68.

1. Section 5.68.020 Definitions.

Definitions contained in Section 5.68.020 have been updated and several new definitions were added based on staff’s analysis of other municipalities massage establishment ordinances, including information obtained from the California Certified Massage Therapy Council (CAMTC).

The addition of new definitions include:
· “Authorized massage professional”: means a massage professional who is identified in a permit issued pursuant to this chapter as a person employed or retained by a massage establishment to practice massage.
· “CAMTC-certified massage professional”: means any individual currently certified by the California Massage Therapy Council as a massage therapist or massage practitioner pursuant to Business and Professions Code Section 4600 et seq.
· "Massage," “massage therapy,” and/or “bodywork” for the purpose of this chapter: means the skillful application of touch, any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. (Exclusions to this chapter are also described in Section 5.68.110. This chapter is not intended to regulate massages that not part of a business occupation.)
· "Massage establishment": means any business that offers massage therapy, baths or health treatments including, but not limited to, aromatherapy, vapor, shower, electric tub, sponge, hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages or baths in exchange for compensation. Home-based massage businesses and businesses that provide outcall massage services are also considered to be massage establishments. For purposes of this chapter, the term “massage establishment” may be applied to include establishments which offer or advertise themselves as providing “relaxation” or “tanning” where the essential nature of the interaction between the employee and the customer involves “massage” as defined herein. The terms, names or phrases listed on business license or fictitious name application forms are not necessarily conclusive as to the nature of the Visalia City Council Page 2 of 8 Printed on 7/17/2025
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fictitious name application forms are not necessarily conclusive as to the nature of the business.
· “Owner” or “massage establishment owner” means any of the following persons. ‒ The sole proprietor of a sole proprietorship operating a massage establishment. ‒ Any general partner of a general or limited partnership that owns a massage establishment.
‒ Any person who has a ten percent or greater ownership interest in a corporation that owns a massage establishment.
‒ Any person who is a member of a limited liability company that owns a massage establishment.
‒ All owners of any other type of business association that owns a massage establishment.

2. Section 5.68.060 Massage establishment owner background check required.

This section was updated to clarify language regarding persons convicted in a court of law on specific penal code offenses. This section has been updated to state the following:

The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, or shareholder of the corporation's stock required to complete a background investigation, has not been convicted in a court of competent jurisdiction of any of the following offenses: Penal Code §§ 207; 236.1; 243.4; 261; 266a through 266j; 267; 314 to 316; 318; or 647(a, b, d, j); 653.22 any offense requiring registration under Penal Code § 290 or Health and Safety Code § 11590; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code §§ 11054 to 11058, as amended; or any offense in another state which, if committed in California, would have been punishable as one (1) or more of the heretofore mentioned offenses; or any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude.

3. Section 5.68.070 Permit Application
Staff, after reviewing recommendations from California Massage Therapy Council (CAMTC) and other municipalities massage establishment ordinances, updated the City’s current massage establishment application process to include the following information:
· Creation of a new massage establishment application (included as Attachment 2 to this staff report)
‒ The application includes the following information:
§ Name, address, and telephone number of the massage establishment. § The name, residence address and telephone number, and business address and telephone number of each owner of the massage establishment. § The form of business under which the applicant will be conducting the massage establishment.
‒ A description of the proposed massage establishment, including the type of treatments Visalia City Council Page 3 of 8 Printed on 7/17/2025
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to be administered.
§ The name of each individual who the massage establishment employs or retains to perform massage therapy for compensation.
§ Requirement for each owner of the massage establishment who is a CAMTC-certified massage professional, a copy of his or her current certification from the CAMTC as a certified massage practitioner or as a certified massage therapist and a copy of his or her current CAMTC-issued identification card.
§ A statement that within the last five (5) years the applicant has not failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws.

4. Section 5.68.070 Display of Permit.

This section was revised to require the display of all approvals issued by the City. · Any owner of a massage establishment or off-premise massage service must display the CAMTC certificates for all massage technicians prominently in a conspicuous place, capable of being viewed by customers or city representatives, at every location where massage is performed or conducted.
· Any persons operating under the limited exception described in Section 5.68.040(D) must display the statement from the city documenting their exemption from the CAMTC certification prominently in a conspicuous place capable of being viewed by customers or city representatives, or carry it with them for off-premise massage services.

5. 5.68.100 Facilities and Operations.

This section was updated to include the following items that were included in the Urgency Ordinance:
· Hours of Operation. All massage establishments shall be allowed to operate only between the hours of 8:00 a.m. and 10:00 p.m. No Massage shall be Performed between the hours of 10:00 p.m. and 8:00 a.m.
· No Massage Establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area.
· Minimum lighting consisting of at least one artificial light that sufficiently illuminates items in the room, making them distinguishable, shall be required in all areas where massage services are provided.
· Living Quarters Prohibited. No person or persons shall be allowed to reside, inside a Massage Establishment at any time.
· No person shall enter, be or remain in any part of a Massage Establishment while in possession of an open container of alcohol, or consuming or using any alcoholic beverages or controlled drugs.
· No Massage Establishment shall operate a school of massage or use the same facilities as that of a school of massage.

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6. 5.68.130 Massage Establishment Inspections.

This section establishes a requirement to allow City Staff the ability to inspect massage establishments by either the City’s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department.

The operator and/ or on duty responsible managing employee shall consent to the inspection of the massage establishment by the City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this ordinance or other applicable laws or regulations are met. The City' s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make unannounced inspections of each massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met.

7. 5.68.130 Revocation.

This section was updated to include the requirement to hold a valid CAMTC. Additionally, revocation for criminal activity and inappropriate behavior as a cause for revocation was added.

All massage establishment operators shall be deemed to know and understand the requirements and prohibitions of this chapter. A determination to suspend or revoke a permit issued under this chapter may be made by the inspector following an inspection.

Suspensions may be issued until a specific violation has been corrected, which requires an inspection by the City for confirmation of correction. If a suspension is issued, then no massage business may be conducted by the permit holder at the specified location, or by the specified license holder. Any massage establishment permit issued pursuant to this chapter may be suspended or revoked if any of the following have occurred on even a single occasion:
- Any disciplinary action taken by CAMTC shall be considered in determining grounds for revocation.
- The permittee or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of any penal code listed in 5.58.060 B. - The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code. - The permittee has continued to operate the massage establishment after the massage establishment permit has been suspended.
- Massage has been performed on the premises of the massage establishment, with or without the permittee’s actual knowledge, by any person who is not a duly authorized CAMTC-certified massage professional.

8. Section 5.68.160 - Appeal of Denial, Suspension or Revocation.

This section was revised to include the language for Administrative Hearings from Visalia Municipal Code Chapter 1.13.

After denial of an application for a massage establishment regulatory permit (the term permit includes the "grandfather exception" to CAMTC certification described in this Visalia City Council Page 5 of 8 Printed on 7/17/2025
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permit includes the "grandfather exception" to CAMTC certification described in this chapter, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may appeal the decision to the city manager, or designee, by filing a written notice with the City of Visalia Planning and Community Preservations Department within ten (10) business days from the date of the notice of denial, suspension, or revocation. The city manager or designee shall hold a hearing on the appeal. The City Manager may designate the administrative hearing officer appointed to review appeals of City of Visalia administrative code enforcement matters under Chapter 1.13 of the Visalia Municipal Code as the hearing officer for appeals of massage establishment permit denials, suspensions, or revocations, and this appeal shall be heard under the rules for administrative appeals in Chapter 1.13. The decision of the city manager, or designee, following the hearing shall be final and conclusive. There is no appeal to the City Council. If the denial, suspension or revocation is affirmed on review the applicant or permittee may seek judicial review of such administrative action pursuant to California Code of Civil Procedure § 1094.5. The time for filing such action is governed by California Code of Civil Procedure § 1094.6.

9. Massage Establishment Definition (Chapter 17.04)
The Planning Commission and staff recommend the Council revise the current definition contained in Section 17.04.030 that defines "Massage Therapy Establishment" as follows:

Current Definition: "Massage Therapy Establishment" means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body by a Certified Massage Therapist.

With the revised definition as follows:

Proposed Definition: “Massage Establishment” means any business that offers massage therapy, baths or health treatments including, but not limited to, aromatherapy, vapor, shower, electric tub, sponge, hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages or baths in exchange for compensation. Massage businesses with an approved home occupation permit per Visalia Municipal Code Section 17.32.030 and businesses that provide outcall massage services are also considered to be massage establishments and must also comply with the approved home occupation permit.

The revised definition, as stated above, coincides with the proposed definition included in the updates to Chapter 5.68. This will provide definition consistency between Chapter 5.68 and Title 17 (Zoning).

10. Section 17.25.030 to require a Conditional Use Permit for Massage Establishments in the C-R zone.

The Planning Commission and staff recommend the Council revise the Zone Use Matrix for Massage Establishments to include the requirement of a Conditional Use Permit in the Regional Commercial (C-R) zone.

Commercial and Mixed Use ZonesOffice Zones Industrial
Zones
Special
Use
Standar
ds (See
identifi
ed
Chapte
r or
Section
)
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Commercial and Mixed Use ZonesOffice Zones Industrial
Zones
Special
Use
Standar
ds (See
identifi
ed
Chapte
r or
Section
)

USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
Massage
Therapist
Establishment
C P C C C C C Chapter 5.68
Fiscal Impact: N/A
Prior Council Action:
· On March 4, 2024, the City Council approved an Urgency Ordinance to regulate the location and operational requirements for massage establishments city. · On June 3, 2024, the City Council extend Ordinance No. 2024-05, an interim ordinance adopted as emergency measures to regulate the location and operational requirements for massage establishments.
· On May 19, 2025, the City Council directed staff to draft revisions to Chapter 5.68 Massage Establishments.

Alternatives: The City council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Section 5.68 or 17.25.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the First Reading of Ordinance No. 2025-03 amending Visalia Municipal Code Section 5.68 “Massage Establishments” and adoption of Zoning Text Amendment No. 2025-02, amending Visalia Municipal Code Title 17 (Zoning), Chapter 17.04 Definitions and Chapter 17.25 Uses in the Mixed Use, Office, and Industrial Zones, designating Massage Establishments as a conditionally permitted use in the Regional Commercial (C-R) zone.

Environmental Assessment Status: The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by staff.

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

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File #: 25-0275 Agenda Date: 7/21/2025 Agenda #: 1.

Deadline for Action: N/A
Attachments:

1. Ordinance 2025-03, amending Visalia Municipal Code Chapter 5.58

2. Draft Massage Establishment Application

3. PowerPoint Presentation
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ORDINANCE No. 2025-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTER 5.68

OF THE VISALIA MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS AND TO AMEND VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE), CHAPTER 17.04 DEFINITIONS AND CHAPTER 17.25 USES IN THE COMMERCIAL, MIXED USE, OFFICE, AND

INDUSTRIAL ZONES, REVISING THE DEFINITION OF MASSAGE ESTABLISHMENTS AND

DESIGNATING MASSAGE ESTABLISHMENTS FROM A PERMITTED USE TO A

CONDITIONALLY ALLOWED USE IN THE REGIONAL COMMERCIAL (C-R) ZONE WHEREAS, Ordinance No. 2025-03 is requesting to amend Chapter 5.68 of the Visalia Municipal Code relating to Massage Establishments while said Ordinance is also requesting adoption of Zoning Text Amendment No. 2025-02, a request to amend Visalia Municipal Code Title 17 (Zoning), Chapter

17.04 Definitions and Chapter 17.25 Uses in the Mixed Use, Office, and Industrial Zones, revising the definition of massage establishments and designating Massage Establishments from a permitted use to a conditionally allowed use in the Regional Commercial (C-R) zone. The specific amendments apply City-wide and are specified in Attachments “A”, “B”, and “C” of this Ordinance; and WHEREAS, the City of Visalia has seen an increase in requests for businesses seeking to operate Massage Establishments, which resulted in the City Council adopting an urgency ordinance on April 23, 2024, under Government Code section 65858(b), which permits the adoption of interim zoning ordinances as an urgency measure upon findings that there is a current and immediate threat to public health, safety, or welfare; and
WHEREAS, pursuant to Government Code section 65858(b), the urgency ordinance voids after 45 days after its adoption unless extended by a subsequent 4/5 approval by the legislative body after a public hearing with notice of hearing published at least 10 days prior to the hearing along with posting the notice of hearing at least 10 days before the hearing in at least three public places; and WHEREAS, on June 3, 2024, the City Council adopted the extension of the urgency ordinance which was set to expire on June 7, 2024, for an additional 22 months and fifteen days pursuant to Government Code section 65858(b), which continued the ability of the City to apply the interim regulatory requirements on massage establishments seeking to operate in the City of Visalia; and WHEREAS, on May 19, 2025, the City Council received a Work Session staff report and directed staff to implement changes to the massage ordinance; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 14, 2025; and WHEREAS, the Planning Commission of the City of Visalia considered the Zoning Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing, and recommended approval of said Zoning Text Amendment to the City Council; and 1082
ORDINANCE NO. 2025-03
WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council regarding Ordinance No. 2025-03 and Zoning Text Amendment No. 2024-03 on July 21, 2025, and considered said Ordinance and Zoning Text Amendment in accordance with Section 17.44.090 of the Zoning Ordinance of the City of Visalia on the premise that the Planning Commission of the City of Visalia had previously reviewed and recommended approval of an Ordinance through Zoning Text Amendment No. 2025-02; and
WHEREAS, the City Council of the City of Visalia finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines, Code of Regulations Section 15061(b)(3) (common sense exemption), as the proposed Ordinance and zoning text amendment will not in and of themselves have an effect on the environment.

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

BE IT FURTHER RESOLVED that the City Council of the City of Visalia hereby makes the following specific findings regarding Zoning Text Amendment No. 2025-02:

1. That the Zoning Text Amendment is needed to achieve the objectives of the Zoning Ordinance (Visalia Municipal Code Title 17) that are prescribed in Section 17.02.020.

2. That the proposed Zoning Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare of people in the City, or materially injurious to properties or improvements in the City.

3. The Zoning Text Amendment update the Zone Use Matrix in Section 17.25.030 based on City Council’s direction regarding massage establishments provided at May 19, 2025, City Council Work Session.

4. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, has identified the need to amend the existing provisions to the Visalia Municipal Code to update the regulations of Massage Establishments that govern how massage establishments operate and conduct business, these regulations are contained in Chapter 5.68 of the Visalia Municipal Code, along with portions of sections 17.04, and 17.25.030, and these Visalia Municipal Codes are hereby added and/or amended as contained in Attachments “A”, “B”, and “C” of this Ordinance.

Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 1083
ORDINANCE NO. 2025-03
Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Effective Date. This Ordinance shall take effect thirty days after its adoption.

Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

PASSED AND ADOPTED: BRETT TAYLOR, MAYOR
ATTEST: ___________________________

LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY
___________________________

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2025-03 passed and adopted by the Council of the City of Visalia at a regular meeting held on ______________ and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated: LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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ORDINANCE NO. 2025-03
Ordinance No. 2025-03
ATTACHMENT “A”

MASSAGE ESTABLISHMENTS

5.68.010 Declaration of purpose and intent.

5.68.020 Definitions.

5.68.030 Administration.

5.68.032 Business license required.

5.68.034 Other permits and authorizations required.

5.68.040 Exceptions.

5.68.050 Certifications required.

5.68.060 Massage establishment owner background check required.

5.68.070 Permit application.

5.68.080 Permit Issuance.

5.68.090 Display of permit.

5.68.100 Amendments to permit.

5.68.110 Requirements for all massage establishment facilities and operations

5.68.120 Prohibited conduct.

5.68.130 Massage establishment inspections.

5.68.140 Suspension or revocation of permit

5.618.150 Enforcement and remedies

5.68.160 Appeal of permit denial, suspension, or revocation

5.68.010 Declaration of purpose and intent.

A. In enacting this chapter, the City Council recognizes that massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services, but unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. It is the purpose and intent of this chapter to provide for the orderly regulation of offices and establishments providing massage therapy services, and to prevent and discourage activities in violation of state law, all in the interests of the public health, safety, and welfare, by providing certain operational standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses. It is the further intent of this chapter to 1085
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streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform statewide regulations enacted by the Legislature in 2008 as Business and Professions Code Sections 4600 et seq., known as the Massage Therapy Act, as subsequently amended, and by restricting the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes.

B. This chapter is not intended to be exclusive, and compliance will not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal services businesses including, without limitation, all zoning applications; business license regulations; building, fire, electrical, and plumbing codes; and health and safety code laws and regulations applicable to professional or personal services businesses.

C. This chapter establishes a local regulatory system that allows only state certified massage professionals to operate within the city. This chapter is not intended to regulate massages that are not part of a business occupation. This chapter is also intended to coordinate the timing of the city's business license renewals with the state massage certification process.

5.68.020 Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in the Visalia Municipal Code, the California Business and Professions Code, or the California Government Code.
“Authorized massage professional” means a massage professional who is identified in a permit issued pursuant to this chapter as a person employed or retained by a massage establishment to practice massage. "Business tax certificate" shall mean the physical documentation verifying payment of tax issued by the collector, indicating the tax period covered. “Business License,” “City Business License,” “City of Visalia Business License,” and “Business Tax Permit” are used interchangeably within the City of Visalia Municipal Code to mean “Business Tax Certificate” when used in reference to this title. "California Massage Therapy Council (CAMTC)" means the California Massage Therapy Council created pursuant to California Business and Professions Code Section 4600 et seq. “CAMTC-certified massage professional” means any individual currently certified by the California Massage Therapy Council as a massage therapist or massage practitioner pursuant to Business and Professions Code Section 4600 et seq.
“Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
"City" means the city of Visalia.
“City manager” means the person appointed as or serving as the city manager for the City of Visalia. "Director of finance" and/or “director” means any director of the finance department of the city, or his/her duly authorized deputies, or assistants who may be charged with the collection of business taxes and the issuance of business tax certificates.
“Inspector” means the person or persons designated by the city to conduct any inspections required or 1086
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permitted under this chapter.
"Massage," “massage therapy,” and/or “bodywork” for the purpose of this chapter means the skillful application of touch, any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. (Exclusions to this chapter are also described in Section 5.68.110. This chapter is not intended to regulate massages that are not part of a business occupation.)
"Massage establishment" means any business that offers massage therapy, baths or health treatments including, but not limited to, aromatherapy, vapor, shower, electric tub, sponge, hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages or baths in exchange for compensation. Massage businesses with an approved home occupation permit per VMC section 17.32.030 and businesses that provide outcall massage services are also considered to be massage establishments and must also comply with the approved home occupation permit. For purposes of this chapter, the term “massage establishment” may be applied to include establishments which offer or advertise themselves as providing “relaxation” or “tanning” where the essential nature of the interaction between the employee and the customer involves “massage” as defined herein. The terms, names or phrases listed on business license or fictitious name application forms are not necessarily conclusive as to the nature of the business. “Operator” or “massage establishment operator” means any person who is an owner or manager of a massage establishment.
"Out-call massage service" means any business that provides, refers or otherwise facilitates massage for any consideration at a nonfixed location.
“Owner” or “massage establishment owner” means any of the following persons.

A. The sole proprietor of a sole proprietorship operating a massage establishment.

B. Any general partner of a general or limited partnership that owns a massage establishment.

C. Any person who has a five (5) percent or greater ownership interest in a corporation that owns a massage establishment.

D. Any person who is a member of a limited liability company that owns a massage establishment.

E. All owners of any other type of business association that owns a massage establishment. “Patron” means an individual on the premises of a massage establishment for the purpose of receiving massage therapy.
"Person" means and includes person(s), firms, corporations, partnerships, associations, joint venture, liability company or other forms of business organization or group. "Police chief" means the police chief of the city of Visalia or the authorized representatives thereof. “Reception and waiting area” means an area immediately inside the main entry door of the massage establishment dedicated to the reception and waiting of patrons or visitors of the massage establishment and which is not a massage therapy room or otherwise used for the provision of massage therapy services. "Recognized school" means any school or institution of learning that is recognized as an approved school 1087
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pursuant to Business and Professions Code Division 2, Chapter 10.5, as currently drafted or as may be amended.
"Specified anatomical areas" means and includes any of the following human anatomical areas: genitals, pubic regions, anuses or female breasts below a point immediately above the top of the areola. "Specified sexual activities" means and includes all of the following:

A. Fondling or other erotic touching of specified anatomical areas; B. Sex acts including, without limitation, intercourse, oral copulation, or sodomy; C. Masturbation; or
D. Excretory functions as part of or in connection with any specified sexual activity listed in this definition. “Sole proprietorship” means a massage establishment where the owner owns one hundred percent of the business and has one or no other employees or independent contractors. “Visitor” means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy service, but excludes law enforcement personnel or governmental officials performing governmental business.

5.68.030 Administration
The city manager or city manager’s designee is authorized to administer this chapter and to promulgate administrative policies and procedures required to implement the regulations set forth in this chapter.

5.68.032 Business tax certificate required.

The requirements of this chapter are in addition to the requirements imposed pursuant to Chapter 5.04 of this code.

5.68.034 Other permits and authorizations required.

The requirements of this chapter are in addition to any permits or authorizations that may be required under other applicable laws including but not limited to the city’s building, fire, zoning, and health regulations.

5.68.040 Exceptions.

A. This chapter does not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

1. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, acupuncturists or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license along with activities by trainees or assistants that are working under the direction of licensed professionals.

2. Barbers, beauticians, cosmetologists, and estheticians with respect to facial massage and scalp massage, who are duly permitted pursuant to Business and Professions Code § 7301, et seq., in accordance with the limitations of their permits.
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3. Persons employed or working at a licensed athletic facility or trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage therapy as their primary occupation at any location.

4. Enrolled students of a school of massage when they are performing massage within the city as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter; and provided that the operator of the massage establishment has first notified the director in writing of the name, residence address, and school of the students and the dates of the trainings.

5. Businesses where a massage is performed while the person sits in a chair, such as head and neck massage, foot massage, or as part of a manicure or pedicure, and performed in public view or in an open common room

6. Somatic practitioners who use no physical touch of any kind at any time in their practice.

5.68.050 Certifications required.

A. Massage establishment. It is unlawful for any person to own, operate or maintain a massage establishment unless all massage technicians employed by the massage establishment hold a current, valid certification from the CAMTC as a massage practitioner or massage therapist or qualify under the limited exceptions described in this chapter.

B. CAMTC-certified massage professional. It is unlawful for any person to engage in, or carry on, the business or activities of a massage professional technician or otherwise practice massage therapy for compensation within the city without a certification from the CAMTC as a massage professional unless they qualify under the limited exceptions described in this chapter.

C. Out-call massage service. It is unlawful for any person to own, operate, or maintain, an off-premise massage service in the city unless all massage technicians employed by the off-premises massage service hold a current, valid certification from the CAMTC as a certified massage practitioner or certified massage therapist or qualify under the limited exceptions described in this chapter.

D. CAMTC certification exception. The city recognizes that some massage professionals currently practicing in Visalia may not meet the current requirements set forth by the CAMTC due to changes in educational or other requirements particularly changes in requirements concerning hours of schooling although the person has been in practice for a significant period. The city will therefore allow such persons that were working within Visalia prior to the requirements for CAMTC certification being put in place by the city under this "grandfather exception" without certification from the CAMTC if the requirements stated below are met.

The person seeking this exemption must show to the satisfaction of the city police department that he or she worked as a massage therapist or massage practitioner in the city prior to July 1, 2012, which is the effective date of this chapter. The person must also provide evidence to the city that he or she has certification or proof of training in the field from a school or another entity comparable to the CAMTC and has been working as a massage therapist or massage practitioner for a period of at least five (5) years. Finally, the person must provide evidence that they attempted to obtain certification from the CAMTC but were denied and provide the reasons for the denial to show despite their existing training and experience they were not able to qualify for certification from CAMTC.
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Persons that are granted an exemption from the CAMTC certification requirement by the city will still be required to meet all other terms of this chapter including but not limited to the background check required of massage establishment owners that are not certified by the CAMTC.

5.68.060 Massage establishment owner background check required.

A. Any person, association, partnership, limited liability company, corporation, or similar business entity desiring to operate a massage establishment that is not a certified massage practitioner or certified massage therapist, (meaning certified by the CAMTC) must make an application to the chief of police for an investigation of the applicant's background and history. A fee to recover costs of the background check must accompany the submission of each application.

1. Each applicant for a background check shall complete the forms required by the Visalia Police Department to conduct the investigation. The forms shall require submission of fingerprints and additional information as may be required by the chief of police in order to verify the information to be included in the application. The application shall be accompanied by the appropriate application fee. The application shall not be deemed to be accepted until the fee is paid. The applicant, by submitting the background investigation form, is consenting to the background investigation conducted by the Visalia Police Department. If the applicant is a business entity, such as a partnership, limited liability company, or corporation, the name of the business entity must be set forth exactly as shown in the articles of incorporation, articles of organization, or similar type of charter document, together with the state and date of formation and names and residence addresses of each of its current officers and directors, and each person, such as a stockholder, member, or limited liability partner, holding an ownership interest of five percent (5%) or more in the business entity. All partners, limited or general, and all persons holding an ownership interest of five percent (5%) or more in the business entity must complete a background application, unless they are certified by the CAMTC. The applicant corporation or partnership must designate one (1) of its officers or general partners to act as its responsible managing officer.

Such person must complete and sign all application forms required of any individual applicant under this chapter, but only one (1) application fee will be charged. No person(s) owning less than five percent (5%) of an ownership interest in a corporation are required to complete a background investigation.

2. The name and address of the owner and lessor of the real property upon or in which the massage establishment is to be operated, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property is required for each massage establishment permit location.

3. The full true names and other names used, the present addresses and telephone numbers, driver's license numbers, and Social Security numbers, and state certificates from the CAMTC or transitional licenses for all massage technicians who will be working as employees or independent contractors at each massage establishment permit location. The applicant must provide the chief of police with any changes in the massage technicians that work at the massage establishment during the permit period within ten (10) working days of each change.

4. The chief of police may require the applicant to furnish fingerprints when needed for the purpose of verifying identification.

5. Such other identification and information as may be required by the chief of police in order to verify the information to be included in the application.
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B. The city is allowed a reasonable time, not to exceed sixty (60) days, in which to investigate the information on the application. During the investigation of the background information, a city representative including, without limitation, a member of the police department, fire department, building and safety division, planning division, or any authorized representative thereof, may inspect, with or without notice during regular business hours, the proposed place of business to determine whether it conforms to the requirements of this chapter. Upon completion of the inspection, the city representative must inform the chief of police in writing of the findings of the inspection. Background clearance will be issued, within sixty (60) days of receipt of the application, to any applicant who has furnished all of the information required by this section in the application for such license, provided all of the following apply:

1. The applicant has not made a materially false statement in the application and that all massage technicians who will be working as employees or independent contractors at each massage establishment permit location possesses certification from the CAMTC as a massage practitioner or massage therapist;

2. The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, or shareholder of the corporation's stock required to complete a background investigation, has not been convicted in a court of competent jurisdiction of any of the following offenses: Penal Code §§ 207; 236.1; 243.4; 261; 266a through 266j; 267; 314 to 316; 318; or 647(a, b, d, j); 653.23 any offense requiring registration under Penal Code § 290 or Health and Safety Code § 11590; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, or giving away of a controlled substance specified in Health and Safety Code §§ 11054 to 11058, as amended; or any offense in another state which, if committed in California, would have been punishable as one (1) or more of the heretofore mentioned offenses; or any offense involving the use of force or violence upon the person of another; or any offense involving theft, embezzlement or moral turpitude;

3. The applicant, if an individual, is at least eighteen (18) years of age;

4. The applicant has not had a massage technician, massage establishment, escort service, nude entertainment, nude photo studio or similar type of license or permit suspended unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension.

5.68.070 Permit Application
A. The owners of the massage establishment shall file an application for a permit on a form provided by the city. The application shall be accompanied by the fee established by the city’s fee schedule. The application shall include the following information:

1. The name, address, and telephone number of the massage establishment.

2. The name, residence address and telephone number, and business address and telephone number of each owner of the massage establishment.

3. The form of business under which the applicant will be conducting the massage establishment, i.e., corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than five (5) percent of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If 1091
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one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable.

4. The name and address of the owner and lessor of the real property upon or in which the massage establishment is to be operated, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property is required for each massage establishment permit location

5. If the massage establishment will be located on a property in a commercial condominium or other common interest development, the applicant shall submit a notarized statement from the condominium owner’s association acknowledging that the association has been advised that a massage establishment will be operated by the applicant and that such use of the property is allowed by the property’s covenants, codes, and restrictions.

An application may be denied if the property owner does not allow such a business to be operated at the proposed location.

6. A description of the proposed massage establishment, including the type of treatments to be administered.

7. The name of each individual who the massage establishment employs or retains to perform massage therapy for compensation, whether on or off the massage establishment premises.

8. For each individual who the massage establishment does or will employ or retain to perform massage therapy, whether on or off the massage establishment premises, a copy of that individual’s current certification from CAMTC as a certified massage practitioner or certified massage therapist, and a copy of his or her current CAMTC issued identification card.

9. The name of each individual who is regularly employed or retained by the massage establishment to perform services on the premises other than massage therapy, and the nature of their services.

10. For each owner of the massage establishment who is a CAMTC-certified massage professional, a copy of his or her current certification from the CAMTC as a certified massage practitioner or as a certified massage therapist and a copy of his or her current CAMTC-issued identification card.

11. Whether any certificate, license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage or somatic practice, and as to any such certificate, license or permit, the name and address of the issuing authority, the effective dates of such certificate, license or permit, whether such certificate, license or permit was ever suspended, revoked, withdrawn, or denied; by any governmental authority; or the applicant has had any massage therapist or massage practitioner permit, license, or certification denied, revoked or suspended by the CAMTC, provide copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial.

12. Such other information as may be required by the permit authority to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, state, or local law.

13. A statement that within the last five (5) years the applicant has not failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor 1092
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Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

5.68.080 Permit Issuance
A. The director shall issue the business tax certificate for the massage establishment, also referred to as the massage establishment permit after the Planning and Community Preservation Department, Planning Division has determined that the applicant meets applicable municipal code requirements including but not limited to the Zoning Ordinance, this chapter, and no grounds for denial exist.

B. Notice to Property Owner. If the applicant is not the record owner of the property where the massage establishment is located, the director may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the massage establishment. The director may also provide the property owner with copies of any other notices or communications with the applicant sent at any time before or after issuance of the permit.

D. Denial of Permit. The director or designee may deny an application for a massage establishment permit or suspend an existing permit on any of the following grounds:

1. The massage establishment does not comply with any applicable law, including, but not limited to the city’s building, fire, zoning, and health regulations.

2. It has been determined that the applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a massage establishment permit.

3. Any owner of the massage establishment has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a massage establishment whether as a massage establishment owner or operator or as a person practicing massage for compensation, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of a massage establishment.

4. Any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code.

5. Any owner of the massage establishment has engaged in or been convicted in a court of competent jurisdiction of any violation previously listed in Section 5.58.060(B) of this chapter, or has had a permit or license to practice massage for compensation or to own and/or operate a massage establishment revoked or denied in any jurisdiction.

6. Any owner of the massage establishment currently owns or operates a massage establishment in the city of Visalia that is not in good standing due to the existence of uncorrected violations or unpaid fines or fees.

5.68.090 Display of Certificates
Any owner of a massage establishment or off-premise massage service must display the CAMTC certificates for all massage technicians prominently in a conspicuous place, capable of being viewed by customers or city representatives, at every location where massage is performed or conducted. 1093
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For off-premise massage services, massage workers must also carry a copy of their CAMTC certificate and display it to customers upon request.

Any persons operating under the limited exception from CAMTC certification described in Section 5.68.050 must display the statement from the city documenting their exemption prominently in a conspicuous place capable of being viewed by customers or city representatives, or carry it with them for off-premise massage services.

5.68.100 Amendments to permit
A. Whenever the information provided in the application for a certified massage establishment on file with the city changes, the operator shall file an application to amend the permit to reflect such change. An application to amend a massage establishment permit shall be made by applying on a form provided by the director. The application shall be accompanied by the fee established by the city's fee schedule.

B. The application shall not be approved unless the director determines that the terms of the amended permit comply with all requirements of this chapter and all other local, state, and federal laws, and the massage establishment has no outstanding violations or unpaid citations or fees. Inspection of the massage establishment may be required prior to approval of the amendment.

C. An amendment shall not be used to change the location or owners of a massage establishment. Instead, a new permit application is required.

D. A denial of an application to amend a massage establishment permit may be appealed in the same manner as an initial application as set forth in section 5.68.160 of this chapter and in chapter 1.13 of the Visalia Municipal Code.

5.68.110 Requirements for all massage establishment facilities and operations A. No Massage Establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area with any material that obstructs, blurs, or unreasonably darkens the view into the premises.

B. Minimum lighting consisting of at least one artificial light that sufficiently illuminates items in the room, making them distinguishable, shall be required in all areas where massage services are provided.

C. Living Quarters Prohibited. No person or persons shall be allowed to reside, dwell, occupy or live inside a Massage Establishment at any time. Beds, floor mattresses, dressers, nightstands, pullout couches or other furniture that converts into a bed shall not be permitted on the premises.

D. No person shall enter, be or remain in any part of a Massage Establishment while in possession of an open container of alcohol, or consuming or using any alcoholic beverages or controlled drugs except pursuant to a prescription for such drugs. The Owner, Operator, or responsible managing Employee, shall not permit any such person, or any person who is clearly intoxicated, to enter or remain upon the premises.

E. No Massage Establishment shall operate a school of massage or use the same facilities as that of a school of massage.
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5.68.120 Prohibited conduct
A. It is unlawful for any massage technician or any other employee working in a massage establishment or for an out-call massage service, or customers, patrons, or guests of the establishment or service, to engage in any specified sexual activities upon the premises of the massage establishment or the off-premises massage location.

B. It is unlawful for any massage technician or other employee of a massage establishment to expose specified anatomical areas in the presence of any patron, customer, or guest.

C. In the course of administering the massage, it is unlawful for any massage technician or other massage establishment employee to make intentional physical contact with the specified anatomical areas of any customer, patron or guest.

5.68.130 Massage establishment inspections
The operator and/ or on duty responsible managing employee shall consent to the inspection of the massage establishment by the City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this ordinance or other applicable laws or regulations are met. The City's Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make unannounced inspections of each massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met.

5.68.140 Suspension or revocation of permit
A. All massage establishment operators shall be deemed to know and understand the requirements and prohibitions of this chapter. A determination to suspend or revoke a permit issued under this chapter may be made by the inspector following an inspection. Suspensions may be issued until a specific violation has been corrected, which requires an inspection by the City for confirmation of correction. If a suspension is issued, then no massage business may be conducted by the permit holder at the specified location, or by the specified license holder. Any massage establishment permit issued pursuant to this chapter may be suspended or revoked if any of the following have occurred on even a single occasion:

1. The permittee or any person employed or retained by the massage establishment has violated any provision of this chapter, including but not limited to failing to obtain or renew their permit to operate as a massage establishment.

2. That the applicant practiced fraud or deceit in obtaining an approval under this chapter or of California Business and Professions Code Sections 4600 et seq.

3. Any disciplinary action taken by CAMTC shall be considered in determining grounds for revocation.

4. The permittee or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of any penal code listed in 5.68.060 B, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses.

5. The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code.

6. The permittee has been subject to a permanent injunction against the conducting or maintaining of 1095
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a nuisance pursuant to this code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California.

7. The permittee or any person employed or retained by the massage establishment has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment or practiced fraud or deceit in obtaining an approval under this chapter.

8. The permittee has continued to operate the massage establishment after the massage establishment permit has been suspended.

9. Massage has been performed on the premises of the massage establishment, with or without the permittee’s actual knowledge, by any person who is not a duly authorized CAMTC-certified massage professional.

10. A person who is not a duly authorized CAMTC-certified massage professional has provided outcall massage services through or on behalf of the massage establishment.

11. There have been one or more acts prohibited under California Penal Code listed in 5.68.060 B taking place on the premises of the massage establishment, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee.

12. The permittee or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in the patron’s position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron’s genitals, or anal region.

13. The permittee or any person employed or retained by the massage establishment has engaged in sexually suggestive advertising related to massage services on the premises of the massage establishment, including, but not limited to displaying photographs of individuals clothed in swim attire, or attire that is transparent, see-through or substantially exposes the individual’s undergarments, breasts, buttocks, or genitals, describing massage services as “erotic,” “sensual” or similarly sexual in nature, listing advertisements in adult media, or describing the appearance or age of massage providers.

14. The permittee or any person employed or retained by the massage establishment has failed to keep the facilities and operations of the massage establishment in compliance with this chapter, or any applicable law including but not limited to the city's building, fire, zoning, and health regulations, and that the owner or operator has failed to promptly remedy any deficiency of which they have been notified. For purposes of this subsection, "notice" means notice given personally, or by leaving notice at the massage establishment premises, or by first class mail, postage prepaid, to the address designated by the massage technician or establishment in accordance with this chapter.

15. That the business tax and permit approval was issued in error;

16. If the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.
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17. Upon a determination on the grounds to suspend or revoke an approval under this chapter, a notice of suspension or revocation is to be mailed by first class, postage prepaid mail, to the address designated by the massage technician or establishment pursuant to this chapter or alternatively may be delivered in person to the massage technician or establishment licensed pursuant to this chapter.

5.68.150 Enforcement and penalties
A. Any person violating any provision of this chapter is liable in a civil action brought by the city attorney for an amount up to $500 per violation. Such person is also liable for reasonable attorneys' fees and costs incurred by the city attorney in any civil proceeding filed to enforce this chapter. Each day that a violation continues may be considered a new and subsequent offense.

B. Alternatively the city may choose to enforce violations through the administrative code enforcement process described in Chapter 1.13 of the Visalia Municipal Code, with violations being punishable with a $100 fine for the first violation, a $200 fine for the second violation, and a $500 fine for the third and subsequent violations. Each day that a violation continues may be considered a new and subsequent offense.

C. Enforcing this chapter through civil action may be filed as an alternative to criminal enforcement. Civil enforcement does not require the violation to be knowing or willful.

D. The city attorney may settle any civil enforcement before or after the filing of a civil action by imposing a civil penalty in an amount not exceeding the potential civil liability, including attorneys' fees, set forth in this section.

If such civil penalty is paid in full, the city attorney can agree not to file civil or criminal actions or, if action has already been filed, may dismiss such action. Imposition of all civil penalties is public record.

5.68.160 Appeal of denial, suspension, or revocation
After denial of an application for a massage establishment regulatory permit (the term permit includes the "grandfather exception" to CAMTC certification described in this chapter, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may appeal the decision to the city manager, or designee, by filing a written notice with the City of Visalia Planning and Community Preservations Department within ten (10) business days from the date of the notice of denial, suspension, or revocation. The city manager or designee shall hold a hearing on the appeal. The City Manager may designate the administrative hearing officer appointed to review appeals of City of Visalia administrative code enforcement matters under Chapter 1.13 of the Visalia Municipal Code as the hearing officer for appeals of massage establishment permit denials, suspensions, or revocations, and this appeal shall be heard under the rules for administrative appeals in Chapter 1.13. The decision of the city manager, or designee, following the hearing shall be final and conclusive. There is no appeal to the City Council. If the denial, suspension or revocation is affirmed on review the applicant or permittee may seek judicial review of such administrative action pursuant to California Code of Civil Procedure § 1094.5. The time for filing such action is governed by California Code of Civil Procedure § 1094.6. 1097
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Ordinance No. 2025-03
ATTACHMENT “B”
Section 1. Visalia Municipal Code Title 17 (Zoning Ordinance) is hereby amended, to read as follows, as specified by as specified by underline & italics for additions and strikeout for deletions:

Chapter 17.04 Definitions
"Massage Therapy Establishment" means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body by a Certified Massage Therapist.
“Massage Establishment” means any business that offers massage therapy, baths or health treatments including, but not limited to, aromatherapy, vapor, shower, electric tub, sponge, hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages or baths in exchange for compensation. Massage businesses with an approved home occupation permit per Visalia Municipal Code Section 17.32.030 and businesses that provide outcall massage services are also considered to be massage establishments and must also comply with the approved home occupation permit.
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Ordinance No. 2025-03
ATTACHMENT “C”
Section 1. Visalia Municipal Code Title 17 (Zoning Ordinance) is hereby amended, to read as follows, as specified by as specified by underline & italics for additions and strikeout for deletions:

Chapter 17.25.030 Uses in the Commercial, Mixed Use, Office and Industrial Zones.

Commercial and Mixed Use Zones Office Zones Industrial
Zones
Special Use
Standards (See
identified
Chapter or
Section)
USE C-N C-R C-S C-MU D-MU OPA O-C BRP I-L I
Massage
Therapist
Establishment
C P C C C C C Chapter 5.68
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113

MASSAGE

ESTABLISHMENTS
VMC 5.68
1114

CHANGES TO

VISALIA MUNICIPAL
CODE 5.68
1115

STAKEHOLDERS

MEETING HELD
JULY 9, 2025
1116
VMC 5.68.020
Definitions
• Authorized Massage
Professional
• CAMTC Certified Massage
Professional
• Massage, Massage Therapy
• Massage Establishment
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VMC 5.68.060
• Additional Penal Codes Added for Sexual
Misconduct
Remove 5 Year Prior History
• Updated Application and Application Process
Expand the Information Obtained During
the Application Process
5 1118

5.68.070 Display of
Permit
Additional language added
requiring displaying permits

5.68.100 Facilities and
Operations
Language from Urgency
Ordinance added to the
operational requirements of
the establishments
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5.68.130 Massage Establishment
Inspections
Added Section Requiring Inspections By
• Building and Safety
• Police Department
• Fire Department
• Code Enforcement
7 1120

5.68.130 Revocations
Added Additional Language
CAMTC Violations
Criminal Activity
Sex Offender Registration Requirements
Non-licensed Employees
8 1121

5.68.160 Appeal of
Denial, Suspension
or Revocation
Updated Language to
Reflect Process in Visalia
Municipal Code 1.13
Administrative Process
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VMC 17.25 Conditional Use Permits
(CUP)
 Massage Establishments Conditionally Permitted
 Neighborhood Commercial
 Commercial Mixed Use
 Downtown Mixed Use Professional/Administrative
Office
 Office Conversion
 Added Conditional Use Permit requirement in the
Regional Commercial Zone
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Discussion and
Questions
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0263 Agenda Date: 7/21/2025 Agenda #: 2.

Agenda Item Wording:

TEFRA Public Hearing - Conduct a public hearing for the proposed issuance of revenue bonds by the California Municipal Finance Authority, in an amount not to exceed $28,000,000, to finance and refinance the acquisition, construction, development and equipping of an 80-unit senior residential rental project located at the northwest corner of Ferguson Ave. and N. Dinuba Blvd.; adopt Resolution 2025-49 to approve the financing of the project by the CMFA; and appropriate bond issuance funds to the HOME Crescent Meadows project.

Prepared by:

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:
1) Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986.
2) Adopt Resolution 2025-49 approving the issuance of the Bonds by the CMFA for the benefit of Crescent Meadows, L.P., to provide for the financing of the Project, to satisfy the requirements of TEFRA, the Code and the California Government Code Section 6500. 3) Appropriate bond issuance funds to the HOME Crescent Meadows project.

Summary:

Self-Help Enterprises (SHE) submitted an application to the CMFA to be the Issuer of tax-exempt financing for a project in the City of Visalia. The project is expected to be financed in an amount not to exceed $28,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance and refinance the acquisition, construction, development and equipping of Crescent Meadows an 80-unit senior residential rental project to be owned and operated by the Borrower and located at the northwest corner of Ferguson Ave. and N. Dinuba Blvd.

To satisfy the Federal and State tax code, the City is required to complete the following:
· Conduct the public hearing, under the requirements of TEFRA and the Internal Revenue Code of 1986.
· Adopt Resolution 2025-49 (Attachment A - TEFRA Resolution) approving the issuance of the Bonds by the CMFA for the benefit of Crescent Meadows, L.P. (the “Borrower”) to provide for the financing of the Project. Such adoption is solely for the purposes of satisfying the public approval requirements of TEFRA, the Code and the California Government Code Section 6500 and does not create any financial liability or obligation on the part of the City of Visalia.

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File #: 25-0263 Agenda Date: 7/21/2025 Agenda #: 2.
· Appropriate Bond Issuance Funds to the HOME Crescent Meadows project. · Publish a public notice (Attachment B - TEFRA Public Notice) at least 7 days prior to the hearing.

Background Discussion:

SHE has requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $28,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance and refinance the acquisition, construction, development and equipping of an 80-unit senior residential rental project to be owned and operated by SHE and located at the northwest corner of Ferguson Avenue and North Dinuba Boulevard.

In order for the Bonds to qualify as tax-exempt bonds, the City of Visalia must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

CALIFORNIA MUNICIPAL FINANCE AUTHORITY:

The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California.

The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

Joint Exercise of Powers Agreement:

In order for the CMFA to have the authority to serve as the issuer of the bonds for the Project, it is necessary for the City of Visalia to be a member of the CMFA. The City became a member of the CMFA during the development of the Lofts Project that also received tax-exempt revenue bonds. A copy of the City’s executed Joint Exercise of Powers Agreement is included as Attachment C - CMFA JPA Agreement.

The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities, and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement.

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City Visalia City Council Page 2 of 4 Printed on 7/18/2025
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File #: 25-0263 Agenda Date: 7/21/2025 Agenda #: 2.
the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be repaid solely from funds provided by the Borrower.

There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA does not impact the City’s appropriations limits and does not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required resolution and executing the Joint Exercise of Powers Agreement of the CMFA, no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required.

The City is simply holding the public hearing pursuant to the TEFRA act, and will assume no responsibility for the repayment of the tax-exempt bonds. There will be no fiscal liability to the City, and legal documents related to the issuance of the refinanced bonds will provide that the non-profit indemnifies, holds harmless, and defends the City and its officers, officials, and employees, against any costs, claims, demands, or actions against the project.

The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA. In the case of the proposed bond financing for the Borrower, the City following its execution of the Joint Exercise of Powers Agreement, could, at any time following the issuance of the Bonds, withdraw from the CMFA by providing written notice to the Board of Directors of the CMFA.

Fiscal Impact: The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower. The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Visalia, it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the HOME fund (321) of the City to be used for the originated project or the next HOME CHDO affordable housing development project. Staff recommends appropriating the City’s issuance funds towards the project to assist with FY 25/26 HOME funding reduction. Staff anticipates that this funding will be in the range of $12,500 to $18,000.

Prior Council Action:

February 3, 2025 - Authorization to apply in conjunction with Crescent Meadows, L.P. for $12 million in Homekey+ funds for the development of Crescent Meadows a senior affordable housing project.

April 21, 2025 - Approval of the FY 2025/26 - FY 2029/30 Consolidated Plan that include the development of a HOME senior housing project.

Other: None
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

Visalia City Council Page 3 of 4 Printed on 7/18/2025
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File #: 25-0263 Agenda Date: 7/21/2025 Agenda #: 2.

Move to:
1) Adopt Resolution 2025-49 approving the issuance of Bonds not to exceed $28,000,000, by the CMFA for the benefit of Crescent Meadows, L.P. (the “Borrower”), to provide for the financing of the Project, and to satisfy the requirements of TEFRA, the Code and the California Government Code Section 6500; and
2) Appropriate bond issuance funds to the HOME Crescent Meadows project.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: ● Attachment A - TEFRA Resolution: ● Attachment B - TEFRA Public Notice; ● Attachment C - CMFA JPA Agreement
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RESOLUTION NO. 2025-49

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING

A PLAN OF FINANCE OF THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY TO ISSUE AND REISSUE REVENUE BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT FOR THE BENEFIT OF CRESCENT
MEADOWS, L.P., AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Self-Help Enterprises, a California nonprofit corporation (the “Sponsor”), on behalf of Crescent Meadows, L.P., a California limited partnership, or another ownership entity created by SHE Crescent Meadows LLC, a California limited liability company, and Visalia Senior Housing 3 LLC, a California limited liability company, its general partners (the “General Partners”), or by another affiliate of the Sponsor (such limited partnership or other ownership entity, the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) undertake a proposed plan of finance to issue and reissue from time to time one or more series of revenue bonds in an outstanding principal amount not to exceed $28,000,000 (the “Bonds”) to finance and refinance the acquisition, construction, development and equipping of an 80-unit qualified residential rental project (the “Project”) to be owned and operated by the Borrower and located at the northwest corner of Ferguson Avenue and North Dinuba Boulevard within the City of Visalia, California (the “City”); and
WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the proposed plan of finance for the Project under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the City Council of Visalia (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; and
WHEREAS, the Authority has advised that the Bonds may be issued pursuant to a “plan of finance” to issue an original issue of Bonds and to issue or reissue one or more additional series of Bonds from time to time after the original issue of Bonds, if necessary or desirable to comply with applicable legal requirements, all in an aggregate principal amount not to exceed $28,000,000 to finance the Project, and all within the three-year period commencing on the date of the issuance of the first series of Bonds pursuant to this resolution; and WHEREAS, the Authority has requested that the City Council approve the proposed plan of finance in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the proposed plan of finance for the Project;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Visalia, as follows:

Section 1. The foregoing recitals are true and correct. 1129
Section 2. The City Council hereby approves the proposed plan of finance of the Authority to issue and reissue from time to time of one or more series of revenue bonds in an outstanding principal amount not to exceed $28,000,000. It is the purpose and intent of the City Council that this resolution constitute approval of the proposed plan of finance for the Project for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 4. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
Section 5. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED: July 21, 2025 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2025-49 passed and adopted by the Council of the City of Visalia at a regular meeting held on July 21, 2025.

Dated: July 21, 2025 LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on July 21, 2025, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held with respect to a proposed plan of finance of the California Municipal Finance Authority (the “Authority”) to issue and reissue from time to time, one or more series of revenue bonds in an outstanding principal amount not to exceed $28,000,000 (the “Bonds”), to finance and refinance the acquisition, construction, development and equipping of an 80-unit qualified residential rental project located at the northwest corner of Ferguson Avenue and North Dinuba Boulevard (the “Project”) in the City of Visalia, California (the “City”). The Project is to be owned and operated by Crescent Meadows, L.P., a California limited partnership, or by another ownership entity to be created by its general partners, SHE Crescent Meadows LLC, a California limited liability company, and Visalia Senior Housing 3 LLC, a California limited liability company, or by another affiliate of such general partner’s sole member, Self-Help Enterprises, a California nonprofit corporation (such limited partnership or other ownership entity, the “Borrower”).

The Bonds and the obligation to pay principal thereof and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the City, the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be limited obligations of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower.

The public hearing will commence at 7:00 p.m., or as soon thereafter as the matter can be heard, as part of the open session of the City Council meeting in the City Council Chambers, 707 W.

Acequia Avenue, Visalia, California 93291. Interested persons wishing to express their views on the proposed plan of finance or on the nature and location of the facilities proposed to be financed may attend the hearing or, prior to the time of the hearing, submit written comments via email to [email protected] by 5:00 p.m. on July 21, 2025.

Additional information concerning the above matter may be obtained from, and written comments should be addressed to, City Clerk, City of Visalia, 220 N. Santa Fe Street, Visalia, California 93292.

Dated: July 14, 2025
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0267 Agenda Date: 7/21/2025 Agenda #: 3.

Agenda Item Wording:

Prezone Ordinance Adoption - An Introduction and first Reading of Ordinance No. 2025-04, a request by the City of Visalia to adopt a prezone of the property related to Annexation No. 2024-03, undergoing annexation into the City limits of Visalia. The prezone will change zones on the Official Zoning Map of the City of Visalia from 284 acres of unzoned to approximately 253 acres of Industrial (I) zone designation and approximately 31 acres of I-L (Light Industrial), consistent with the land use designations of the Visalia General Plan Land Use Map and consistent with Section 17.06.050 of the Visalia Municipal Code. The proposed Project is located on approximately 284 acres, on the north side of Riggin Avenue between Shirk Street and Kelsey Street. (APN: 077-840-004, 005, 006).

Prepared by:

Brandon Smith, Principal Planner, [email protected], (559) 713-4636 Paul Bernal, Planning and Community Preservation Development Director, [email protected], (559)713-4025
Department Recommendation: Staff recommends that the City Council approve the first reading of an Ordinance to adopt Prezone to Annexation No. 2024-03 (pertaining to the Shirk-Riggin Industrial Park), based upon the findings that the proposed prezone is consistent with the Visalia General Plan and its goals, policies, and objectives, as adopted by the City, and that the proposed prezone is consistent with Annexation No. 2024-03.

Summary:

The proposed Prezone action upon Annexation No. 2024-03 is a city-initiated request being made to confirm the zone designations of Light Industrial and Industrial for property undergoing annexation into the City limits of Visalia.

Background Discussion:

Annexation No. 2024-03 is an annexation proposed by Seefried Industrial Properties, Inc. to annex three parcels totaling approximately 284 acres into the City limits of Visalia. The City Council held a public hearing on March 17, 2025, and approved the recommendation to initiate proceedings toward filing the annexation application with the Tulare County Local Agency Formation Commission (LAFCO). The application was filed, and a public hearing was scheduled for June 4, 2025, and continued at the request of the proponent, now currently scheduled for August 6, 2025.

The City Council Resolution initiating the annexation proceedings, as described above, confirmed the Light Industrial and Industrial zone designations to be assigned to the property upon annexation to the City, consistent with General Plan Amendment No. 2025-01 that was approved together with the Initiation of Proceedings for the Annexation. This confirmation of zone designations was done following past practices wherein the City relied upon its adopted General Plan Land Use Map together with Visalia Municipal Code Section 17.06.050(A) to effectuate the zoning on the project prior to filing with LAFCO. City staff have decided to revise the prezoning process and formally adopt Visalia City Council Page 1 of 4 Printed on 7/18/2025
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File #: 25-0267 Agenda Date: 7/21/2025 Agenda #: 3.
an ordinance that establishes specific prezoning of each proposed annexation.

The City has voluntarily initiated this action for the purpose of formally “prezoning” this project site through the adoption of an ordinance, using the City’s established Zoning Amendment process outlined in Visalia Municipal Code Chapter 17.44. Under this chapter, the City Council, based upon a recommendation by the Planning Commission, will make findings and will take final action on the proposal by enacting an Ordinance. Going forward, all annexation requests will be accompanied with a Prezoning ordinance action for Council adoption.

The zone designations in this Prezone are synonymous with the previous actions of City Council and Planning Commission on the corresponding annexation. This Prezone does not make any new change to the zoning upon the project site, nor does it result in any change to the underlying project (i.e., the Shirk-Riggin Industrial Park) associated with the annexation.

Prezone language in State law:

The City of Visalia’s past practice of exercising a prezone for annexed property by classifying it to a zone consistent with the existing General Plan designation, as stated in Visalia Municipal Code section 17.06.050(A), or initiating a General Plan amendment prior to recommending annexation has been based upon State Government Code Section 65859, which states:
(a) A city may, pursuant to this chapter, prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the city.

The zoning shall become effective at the same time that the annexation becomes effective.
(b) Pursuant to Section 56375, those cities subject to that provision shall complete prezoning proceedings as required by law.
(c) If a city has not prezoned territory which is annexed, it may adopt an interim ordinance pursuant to Section 65858.

Subsections (a) and (c) both use the permissive wording “may”, not the more typical mandatory wording of “shall” and in addition state laws concerning zoning requirements are typically limited in application to charter cities under Section 65803. Furthermore, the City’s past practice has followed Subsection (b) because it is completing a process that has been long accepted by Tulare County LAFCO as sufficient to prezone territory prior to annexation.

Government Code Section 56375, concerning powers of local agency formation commissions, includes subsection (a)(7) that refers to the approval of municipal annexations, requires a prezoning process or presentation of evidence that the development entitlements are consistent with the General Plan, but it doesn’t specify a specific manner or process of prezoning:
(7) The decision of the commission with regard to a proposal to annex territory to a city shall be based upon the general plan and prezoning of the city. When the development purposes are not made known to the annexing city, the annexation shall be reviewed on the basis of the adopted plans and policies of the annexing city or county. A commission shall require, as a condition to annexation, that a city prezone the territory to be annexed or present evidence satisfactory to the commission that the existing development entitlements on the territory are vested or are already at build-out, and are consistent with the city's general plan. However, the commission shall not specify how, or in what manner, the territory shall be prezoned.

Visalia’s Zoning Ordinance Section 17.06.050 explains the prezoning process which relies upon Visalia City Council Page 2 of 4 Printed on 7/18/2025
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File #: 25-0267 Agenda Date: 7/21/2025 Agenda #: 3.

Visalia’s Zoning Ordinance Section 17.06.050 explains the prezoning process which relies upon utilization and being consistent with the City’s General Plan Land Use Map and upon City Council resolutions that approve an annexation and affirm the proposed zoning, which is then presented to LAFCO for adoption.

Updating Process to Adopt a Specific Zoning Amendment Ordinance:

While the City maintains that its manner of prezoning prescribed in Section 17.06.050 complies with State law by meeting Government Code Sections 56375 and 65859, a more explicitly formal procedure could also be utilized. Such procedure would be to enact an ordinance reviewing the General Plan designation for the property proposed for annexation, the proposed usage of that property, then, by ordinance, direct the change from “unzoned” to the equivalent zoning as prescribed by the General Plan land use map (substantiated in the Implementation chapter of the General Plan).

This additional step for the City Council to adopt an ordinance declaring prezoning on a project-byproject basis is beneficial in that it requires a specific review and record of the underlying project and the proposed zoning by a project-specific ordinance prezoning the property instead of relying on the general city-wide ordinance for prezoning. The more formal project specific ordinance is commonly used by municipalities throughout the State of California, and following statewide practices can simplify working with developers that have projects in other areas of California.

Planning Commission Review and Action: At the July 14, 2025 meeting, staff presented the item as described in this report to the Planning Commission. After receiving the staff presentation, the Planning Commission recommended approving the prezone by a 4-0 vote. No public comments were made.

Fiscal Impact: No impact to the City. Future development of the property will require the developer to pay development impact fees.

Prior Council Action: The City Council had previously acted on entitlements related to the ShirkRiggin Industrial Park. On March 17, 2025, the Council voted (4-0) to certify an EIR, approve General Plan Amendment No. 2025-01, initiate Annexation No. 2024-03, and conduct the First Reading of Ordinance No. 2025-02 for authorization to enter into a Development Agreement. On April 7, 2025, the City Council voted to approve the Second Reading of Ordinance No. 2025-02.

Other: On February 10, 2025, the Planning Commission held a public hearing regarding the ShirkRiggin Industrial Park. The Planning Commission recommended approval of the annexation initiation request to the City Council and recommended approval of other entitlements by a 5-0 vote.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the first reading of an Ordinance No. 2025-04, a request by the City of Visalia to adopt a Prezone to Annexation No. 2024-03 (pertaining to the Shirk-Riggin Industrial Park).

Environmental Assessment Status: A Draft and Final Environmental Impact Report (EIR) (State Clearinghouse Number 2022080658), incorporated herein by reference, has been prepared in association with the Shirk and Riggin Industrial Park project, in accordance with the California Environmental Quality Act (CEQA). This EIR was certified by the City Council on March 17, 2025 by Resolution No. 2025-09. The City Council’s action included the adoption of a Finding of Fact, Visalia City Council Page 3 of 4 Printed on 7/18/2025
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File #: 25-0267 Agenda Date: 7/21/2025 Agenda #: 3.

Resolution No. 2025-09. The City Council’s action included the adoption of a Finding of Fact, Statement of Overriding Considerations, and Mitigation and Monitoring Plan. This certified EIR is being utilized for consideration of the prezone’s environmental analysis in accordance with CEQA.

The proposed Prezone action, which was considered by the EIR, has no new effects that could occur, or new mitigation measures that would be required that have not been addressed within the scope of the Shirk & Riggin Industrial Park Project EIR. The Environmental Impact Report adequately analyzed and addressed this proposed project and determined that there would be significant impacts resulting from the development of the Shirk & Riggin Industrial Park Project. A Mitigation and Monitoring Plan adopted with the EIR includes mitigation measures that reduce or eliminate the severity of some of these impacts to a level that is less than significant.

CEQA Review: A Draft and Final Environmental Impact Report (EIR) (State Clearinghouse Number 2022080658), incorporated herein by reference, has been prepared in association with the Shirk and Riggin Industrial Park project, in accordance with the California Environmental Quality Act (CEQA).

This EIR was certified by the City Council on March 17, 2025 by Resolution No. 2025-09. The City Council’s action included the adoption of a Finding of Fact, Statement of Overriding Considerations, and Mitigation and Monitoring Plan. This certified EIR is being utilized for consideration of the prezone’s environmental analysis in accordance with CEQA. The proposed Prezone action, which was considered by the EIR, has no new effects that could occur, or new mitigation measures that would be required that have not been addressed within the scope of the Shirk & Riggin Industrial Park Project EIR. The Environmental Impact Report adequately analyzed and addressed this proposed project and determined that there would be significant impacts resulting from the development of the Shirk & Riggin Industrial Park Project. A Mitigation and Monitoring Plan adopted with the EIR includes mitigation measures that reduce or eliminate the severity of some of these impacts to a level that is less than significant.

Deadline for Action: 7/21/2025
Attachments:

1. Ordinance No. 2025-04
· Exhibit “A” of Ordinance No. 2025-04: Zoning Map illustrating zone designations of the project site upon Annexation

2. City Council Staff Report from March 17, 2025

3. Related Plans and Policies
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ORDINANCE NO. 2025-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING A PREZONING ORDINANCE TO ANNEXATION NO. 2024-03: A REQUEST BY THE CITY

OF VISALIA TO PREZONE BY ORDINANCE THE PROPERTY UNDERGOING ANNEXATION INTO THE CITY LIMITS OF VISALIA. THE PREZONE WILL CHANGE ZONES ON THE OFFICIAL ZONING MAP OF THE CITY OF VISALIA FROM 284 ACRES OF UNZONED TO APPROXIMATELY 253 ACRES OF INDUSTRIAL (I) ZONE DESIGNATION AND APPROXIMATELY 31 ACRES OF I-L (LIGHT INDUSTRIAL),

CONSISTENT WITH THE LAND USE DESIGNATIONS OF THE VISALIA GENERAL PLAN LAND USE MAP AND CONSISTENT WITH SECTION 17.06.050 OF THE VISALIA MUNICIPAL CODE. THE PROPOSED PROJECT IS LOCATED ON APPROXIMATELY 284 ACRES, ON THE NORTH SIDE OF RIGGIN AVENUE BETWEEN SHIRK STREET AND KELSEY STREET. (APN: 077-840-004, 005, 006) WHEREAS, Prezone to Annexation No. 2024-03 is a request by the City of Visalia to adopt a prezoning ordinance for the property undergoing annexation into the City limits of Visalia. The prezoning will change zones on the Official Zoning Map of the City of Visalia from 284 acres of unzoned to approximately 253 acres of Industrial (I) zone designation and approximately 31 acres of Light Industrial (I-L) zone designation, consistent with the land use designations of the Visalia General Plan Land Use Map and consistent with Section 17.06.050 of the Visalia Municipal Code; and
WHEREAS, Seefried Industrial Properties, Inc. has submitted entitlement applications with the City of Visalia including but not limited to General Plan Amendment No. 2025-01 and Annexation No. 2024-03, to facilitate annexation and approval of the Shirk-Riggin Industrial Park project, which will include over 3.7 million square feet of light industrial and flex industrial uses, together with other compatible non-industrial uses and related on and off-site improvements on approximately 284 acres to be located within the City of Visalia; and
WHEREAS, the logical and orderly formation of an annexation boundary, in accordance with the provisions of the California Government Code (CGC), requires inclusion of approximately 284 acres of land comprised of three parcels and right-of-way bounded by Riggin Avenue, Shirk Street, Kelsey Street, and Modoc Ditch (APN: 077-840- 004, 005, 006), to be annexed to the City of Visalia; and WHEREAS, the specific changes of organization requested consist of detachment of the project area territory from the County of Tulare and annexation to the City of Visalia; and
WHEREAS, the territory to be annexed is within the Planning Area Boundary and the Urban Growth Boundary of the City of Visalia; and
WHEREAS, under General Plan Amendment No. 2025-01, which was recommend for approval by the Planning Commission on February 10, 2025, and was approved by the City Council of the City of Visalia on March 17, 2025, amended the General Plan Land Use Map to change the land use designation for the project site to Industrial, Light Industrial, and Conservation, to facilitate prezoning of the project site to the proposed 1147
ORDINANCE NO. 2025-04
Industrial (I) and Light Industrial (I-L) zones in accordance with consistent with Section

17.06.050 of the Visalia Municipal Code; and
WHEREAS, the proposed I and I-L zone districts are consistent with Industrial and Light Industrial land use designations of the General Plan, respectively, in accordance with Table 9-1: Consistency Between the Plan and Zoning; and WHEREAS, the City of Visalia does not utilize corresponding zone districts for rivers, creeks, and ditches having a Conservation land use designation, and therefore the corresponding pre-zoning of such areas shall be classified to the centerline the same as the property adjoining Modoc Ditch; and
WHEREAS, pursuant to the City's Municipal Code and State Planning and Zoning Law, the Planning Commission of the City of Visalia is authorized to review and make recommendations to the City Council of the City of Visalia for actions related to the establishment of land use and zone designations on behalf of the City, which include General Plan Amendments and Change of Zones and extends to prezone actions; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 14, 2025, and considered the Prezone to Annexation No. 2024-03 to be in accordance with Chapter 17.02, Chapter

17.06, and Chapter 17.44 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing, and recommended that the City Council approve an Ordinance for the Prezone of Annexation No. 2024-03; and
WHEREAS, the Planning Commission of the City of Visalia adopted Resolution No. 2025-33 recommending approval of the Prezoning for the Project; and, WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a 1st reading and public hearing for the Prezone of the Annexation on July 21, 2025; and,
WHEREAS, the City Council of the City of Visalia finds the Prezone to Annexation No. 2024-03 to be in accordance with Chapter 17.02, Chapter 17.06, and Chapter 17.44 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and, WHEREAS, the City Council considers that the proposed project has no new effects that could occur, or new mitigation measures that would be required that have not been addressed within the scope of the Environmental Impact Report (EIR) for the Shirk & Riggin Industrial Park Project (SCH# 2022080658), certified by the Visalia City Council on March 17, 2025, by Resolution No. 2025-09. The Environmental Impact Report adequately analyzed and addressed this proposed project and determined that there would be significant impacts resulting from the development of the Shirk & Riggin Industrial Park Project. A Mitigation and Monitoring Plan adopted with the EIR includes mitigation measures that reduce or eliminate the severity of some of these impacts to a level that is less than significant.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia finds that Final EIR for the Shirk & Riggin Industrial Park Project, State Clearinghouse 1148
ORDINANCE NO. 2025-04
No. 2022080658, was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

BE IT FURTHER RESOLVED that the City Council of the City of Visalia approves an Ordinance to Prezone designations for Annexation No. 2024-03, pursuant to Visalia Municipal Code Section 17.44.090 based on the following specific findings and evidence presented:

1. The proposed prezoning is consistent with the policies and intent of the General Plan and Zoning Ordinance of the City of Visalia.

2. The proposed prezoning would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

3. The proposed prezoning is internally consistent with other applicable provisions of these regulations.

4. The site is physically suitable (including ability to meet requested zoning regulations, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses.

5. That the proposed prezoning, being processed as a Zone Amendment in accordance with Chapter 17.44 of the Visalia Municipal Code, is being done to achieve the objectives of the Zoning Ordinance prescribed in Section 17.02.020, which are established as a means to preserve and promote the public health, safety and welfare of the city, and of the public generally and to facilitate growth and expansion of the municipality in a precise and orderly manner, and is being done to confirm the classification of the zone designation that is consistent with the Visalia General Plan, in accordance with Section 17.06.050 of the Zoning Ordinance.

6. That the Environmental Impact Report prepared and certified for the Shirk & Riggin Industrial Park Project (SCH# 2022080658) includes the proposed pre-zoning in its project description.

7. That no new information has arisen since certification of the Environmental Impact Report that alters its analysis of impacts or conclusions as to effects and required mitigation. Therefore, the EIR adequately addresses environmental impacts associated with this project.

BE IT FURTHER RESOLVED that the City Council of the City of Visalia approves the 1st Reading of an Ordinance of the Prezone to Annexation No. 2024-03, as depicted per Exhibit “A”, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Chapter 17.02, Chapter 17.06, and Chapter 17.44 of the Ordinance Code of the City of Visalia.

PASSED AND ADOPTED: BRETT TAYLOR, MAYOR
ATTEST: ___________________________

LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY
___________________________
1149
ORDINANCE NO. 2025-04

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2025-04 passed and adopted by the Council of the City of Visalia at a regular meeting held on July 21, 2025, and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated: July 22, 2025 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
1150
ORDINANCE NO. 2025-04
EXHIBIT “A” OF ORDINANCE NO. 2025-04,

AN ORDINANCE OF THE CITY COUNCIL
APPROVING A PREZONING PERTAINING TO ANNEXATION NO. 2024-03 WHICH PERTAINS TO THE SHIRK AND RIGGIN INDUSTRIAL PARK PROJECT.

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

Section 1: The zone classifications of the Zoning Map shall be changed as follows, upon the effective date of Annexation No. 2024-03.

Industrial (I) Zone Designation
Light Industrial (I-L) Zone Designation
1151
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: 25-0031 Version: 1
Type: Public Hearing Item Status: Agenda Ready
File created: 2/13/2025 In control: Visalia City Council On agenda: 3/17/2025 Final action:

Title: Shirk-Riggin Industrial Project - The development of an industrial park with a total building footprint of approximately 3,720,149 square feet on 284 acres, and consisting of the following actions:
· Certification of a Final Environmental Impact Report (EIR) (State Clearinghouse #2022080658): A request to certify the Environmental Impact Report for the Shirk Riggin Industrial Project (“Project”). The City of Visalia is the lead agency in accordance with the California Environmental Quality Act (CEQA).
· Initiation of Proceedings for Annexation No. 2024-03: A request to annex three parcels totaling approximately 284 acres into the City limits of Visalia. Upon annexation the area will be zoned Industrial (I) and I-L (Light Industrial) consistent with the land use designations of the Visalia General Plan Land Use Map.
· General Plan Amendment No. 2025-01: A request to decrease the Light Industrial land use designation and to increase the Industrial land use designation on the project site consisting of approximately 284 acres.
· Introduction and First Reading of an Ordinance for adoption of a Development Agreement for the Shirk & Riggin Industrial Park: A request to authorize the City to sign and enter into a development agreement pursuant to Government Code Section 65864 et. seq., and Section 17.60 of the City of Visalia Zoning Ordinance.

Project Applicant: Seefried Industrial Properties, Inc.

Project Location: The proposed Project is located on approximately 284 acres, on the north side of Riggin Avenue between Shirk Street and Kelsey Street. (APN:077-840-004, 005, 006) Sponsors:

Indexes:

Code sections:

Attachments: 1. Attachment 1 - Resolution No. 2025-09 - Final EIR, 2. Attachment 2 - Resolution No. 2025-10 - Annexation 2024-03, 3. Attachment 3 - Ordinance 2025-02 for Development Agreement, 4.

Attachment 4 - Resolution No. 2025-11 - GPA 2025-01, 5. Attachment 5 - Site Plan, 6. Attachment 6 - Phasing Map, 7. Attachment 7 - Tentative Parcel Map, 8. Attachment 8 - Operational Statement, 9.

Attachment 9 - Conceptual Design Plans, 10. Attachment 10 - Planning Commission Staff Report, 11.

Attachment 11A - Correspondence GSEJA, 12. Attachment 11B - Correspondence Carpenters Local 1109, 13. Attachment 11C - Correspondence LIUNA, 14. Attachment 11D - Correspondence GSEJA,

15. Attachment 12 - Draft EIR, 16. Attachment 13 - Final EIR, 17. Attachment 14 - General Plan Map,

18. Attachment 15 - Zoning Map, 19. Attachment 16 - Aerial Map, 20. Attachment 17 - Location Map Date Ver. Action By Action Result
Agenda Item Wording:

Shirk-Riggin Industrial Project - The development of an industrial park with a total building footprint of approximately 3,720,149 square feet on 284 acres, and consisting of the following actions:
· Certification of a Final Environmental Impact Report (EIR) (State Clearinghouse #2022080658): A request to certify the Environmental Impact Report for the Shirk Riggin Industrial Project (“Project”). The City of Visalia is the lead agency in accordance with the California Environmental Quality Act (CEQA).
· Initiation of Proceedings for Annexation No. 2024-03: A request to annex three parcels Visalia City Council Page 1 of 11 Printed on 3/14/2025
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· Initiation of Proceedings for Annexation No. 2024-03: A request to annex three parcels totaling approximately 284 acres into the City limits of Visalia. Upon annexation the area will be zoned Industrial (I) and I-L (Light Industrial) consistent with the land use designations of the Visalia General Plan Land Use Map.
· General Plan Amendment No. 2025-01: A request to decrease the Light Industrial land use designation and to increase the Industrial land use designation on the project site consisting of approximately 284 acres.
· Introduction and First Reading of an Ordinance for adoption of a Development Agreement for the Shirk & Riggin Industrial Park: A request to authorize the City to sign and enter into a development agreement pursuant to Government Code Section 65864 et. seq., and Section 17.60 of the City of Visalia Zoning Ordinance.

Project Applicant: Seefried Industrial Properties, Inc.

Project Location: The proposed Project is located on approximately 284 acres, on the north side of Riggin Avenue between Shirk Street and Kelsey Street. (APN:077-840-004, 005, 006) Deadline for Action: 3/3/2025
Submitting Department: Community Development
Contact Name and Phone Number:

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

The Planning Commission recommends that the City Council take the following actions, consistent with the staff recommendation made to Planning Commission on February 10, 2025:

1. Certify the project’s Final Environmental Impact Report (EIR), which includes the adoption of the project’s findings of fact, statement of overriding considerations, and a mitigation and monitoring reporting program. (Resolution No. 2025-09 required.)

2. Initiate proceedings for Annexation No. 2024-03 with the Tulare County Local Agency Formation Commission (LAFCO), including authorizing the detachment of the property from County Service Area No. 1 in accordance with State and County requirements, and entering into a Pre-Annexation Agreement. (Resolution No. 2025-10 required.)

3. Approve General Plan Amendment No. 2025-01. (Resolution No. 2025-11 required.)

4. Conduct the first reading of an Ordinance for a Development Agreement to the Shirk & Riggin Industrial Park. (Ordinance No. 2025-02 required.)
If approved by the City Council, staff will bring back the second reading of the Ordinance at a later City Council meeting and file the annexation application with LAFCO.

The entitlements are supported by both the Planning Commission and staff based on the project’s consistency with the Land Use Element of the General Plan. Specifically, Annexation No. 2024-03 will facilitate a new industrial park on a 284-acre site in a manner that is consistent with the General Plan land use designations that exist within the project site, and annexes property located within Urban Development Boundary Growth Tier I as allowed under General Plan Land Use Policy LU-P-20. The General Plan Amendment is also supported by the project’s consistency with the Land Use Element Visalia City Council Page 2 of 11 Printed on 3/14/2025
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General Plan Amendment is also supported by the project’s consistency with the Land Use Element of the General Plan and Zoning Ordinance.

Background Discussion:

The applicants, Seefried Industrial Properties, Inc., have filed entitlement applications for the development of a 284-acre industrial park, containing primary industrial uses as well as commercial elements, on property located outside of City limits and within the Tier I urban development boundary.

The property is planned to be developed with industrial buildings of varying sizes and functions.

According to the site plan, included as Attachment 5, a majority of the site will be developed with eight industrial buildings intended for warehouse, distribution, and light manufacturing use, with building sizes shown between 109,890 and 1,078,440 square feet. Other uses shown on the site plan are flex industrial space consisting of six identical buildings totaling 80,960 square feet, a self-storage facility totaling 133,000 square feet, and a commercial cluster consisting of a convenience store with drive-through lane, gas station, car wash, and restaurant pad with drive-through lane. Conceptual design renderings associated with the buildings are included as Attachment 9.

Entitlements for this project consist of an annexation, a general plan amendment, development agreement, commercial tentative parcel map, and conditional use permit. Development is anticipated to occur over three phases as shown in the plan included as Attachment 6, developed over no less than four years. The project is estimated to generate 4,100 jobs at buildout (reference page 3.11-22 of Draft EIR), which would enhance economic opportunities within the City and facilitate a positive jobs/housing balance. The project site is currently vacant.

The land use entitlement issues are addressed and incorporated into the project’s Environmental Impact Report (EIR), and the land use entitlements are being processed concurrently with the CEQA review process. No entitlement is required for the industrial buildings in accordance with the Industrial and Light Industrial zoning designations, which allow such uses as permitted by-right.

Annexation No. 2024-03 is a request to annex three parcels totaling approximately 284 acres located outside the city limits and within Tulare County (see Annexation Plat Map included in the Resolution). Upon annexation, the Zoning designations for the project area will consist of Industrial (I) and Light Industrial (I-L) zones, consistent with the underlying General Plan land use designation as proposed through the General Plan Amendment. The site also includes area designated as Conservation, though upon annexation, the property’s zoning will conform to the adjacent land use designations.

In conjunction with the annexation, the property will be subject to a Pre-Annexation Agreement and will be entered into a Development Agreement at the discretion of the applicant. The Development Agreement seeks to establish terms and understandings on subjects including but not limited to postentitlement approvals, vested rights, commitments toward providing infrastructure, project phasing, and establishment of project fees.

General Plan Amendment No. 2025-01 is requested to change land use designations between the Industrial and Light Industrial land use designations. The objective of the General Plan Amendment is to align the property’s existing land use split between Industrial and Light Industrial with the tentative parcel map’s proposed property lines that separate the large-scale industrial uses from the smallscale industrial and commercial uses. This results in an overall reduction of 21.12 acres of Light Industrial designation and an equal increase in the Industrial designation. All acreage is located within the Tier I urban development boundary.

Current and proposed land use designations for parcels being annexed are summarized as follows:

Land Use Designation Zoning Designation Existing
acres
Proposed acres
Industrial I designation 225.79 246.91
Light Industrial I-L designation 5035 2923
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Land Use Designation Zoning Designation Existing
acres
Proposed acres
Industrial I designation 225.79 246.91
Light Industrial I-L designation 50.35 29.23
Conservation N/A 8.44 8.44
Conditional Use Permit No. 2024-26 and Tentative Parcel Map No. 2024-08 are not subject to City Council review and approval, since the Planning Commission is the final authority on these entitlements**. However, in the context of this project, the entitlements are dependent upon City Council’s review and approval of the FEIR, Annexation, General Plan Amendment, and Development Agreement. The parcel map and the operational statement which accompanies the conditional use permit are included for reference as Attachments 7 and 8. ** It should be noted that a separate City Council agenda item has been prepared, included on the agenda for the March 17, 2025, meeting, to address the Appeal of the Planning Commission Action to approve Conditional Use Permit No. 2024-26 and Tentative Parcel Map No. 2024-08. As a result of receiving the appeal within the 10-day appeal period, these items are subject to City Council review and approval. These items were approved by the Planning Commission on February 10, 2025, and rely on the certification of the FEIR for their approval to be upheld.

General Plan Consistency:

Land Use Policies
The entire site has been designated for industrial land uses since the adoption of the Visalia General Plan in 2014. Prior to 2014, the City’s General Plan identified the site as Heavy Industrial Reserve.

Being that the General Plan Land Use Diagram designates the project area as Light Industrial and Industrial, annexation of the area will thus result in the parcels being zoned Light Industrial (I-L) and Industrial (I).

All parcels are within the Tier I Urban Development Boundary. Annexation of these parcels is consistent with Land Use Policy LU-P-20, which states “allow annexation and development of residential, commercial, and industrial land to occur within the “Tier I” Urban Development Boundary (UDB) at any time, consistent with the City’s Land Use Diagram.” The site can be serviced with all the requisite utility and infrastructure available to serve the site upon development. City Services, including Police and Fire protection, will be provided to the project site area upon annexation. Sanitary sewer service is available to all three parcels, as is water service through the California Water Service Company. Following annexation and development, the full complement of city services and programs will be provided, including but not limited to Solid Waste and maintenance of any future streets.

While the City finds the annexation of the parcels totaling 280 acres consistent with City policies, Tulare County Local Agency Formation Commission (LAFCO) will need to analyze that the annexation will not cause an impact towards exceeding a 20-year supply of industrial land within the existing City limits, as a guideline for determining conformance with State Government Code 56377.

The project is otherwise consistent with the General Plan. Specifically, the project constitutes a master planned concept for an industrial park located within the Tier I Urban Development Boundary.

The project is consistent with General Plan Land Use Policy LU-P-99 calls for allowing warehousing and distribution and other industrial related uses with supporting commercial services within the Industrial land use designation. Furthermore, the project upholds Land Use Policy LU-P-103 which Visalia City Council Page 4 of 11 Printed on 3/14/2025
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Industrial land use designation. Furthermore, the project upholds Land Use Policy LU-P-103 which calls for incorporating buffering land uses and is implemented through the planned development of smaller scale flex space, storage, and commercial.

Consistency of General Plan Amendment with City’s General Plan:

The proposed General Plan Amendment will result in an overall reduction of 21.12 acres of Light Industrial land use designation, wherein this area will be added to the Industrial land use designation.

The Light Industrial land use designation is called out on the General Plan on the west side of Shirk between Doe Avenue and Avenue 320 for the purpose of creating a transition between the Industrial land use designations further to the west and the residential land use designations directly east of Shirk Street. At the project site, the depth of the Light Industrial designation is approximately 1,000 feet from Shirk Street after dedication is taken for the full right-of-way.

The General Plan Amendment will reduce the Light Industrial designation in order to create a separation between the large warehouse / distribution type buildings and the smaller industrial buildings. The area of designation being changed from Light Industrial to Industrial is shown on the project as being planned for warehouse / distribution type buildings, which is a use allowed by right in the Light Industrial zone designation.

Although the area of Light Industrial is being reduced, the site still provides Light Industrial in a manner that assigns with the original intent of this land use at this location. A majority of the remaining Light Industrial designation calls for the use of small-scale flex industrial space, selfstorage, and commercial uses in this space, to provide a transition to residential uses. The inclusion of an arterial road right-of-way, landscape setbacks, and building placement continues to provide separation between the Industrial and Residential land use designations.

Active Agriculture Preserve and Land Conservation Contract:

The property currently contains Agriculture Preserve No. 293 and Land Conservation Contract No. 2735. In accordance with the Williamson Act (California Government Code Section 51200), the contract must be cancelled or shall expire from its contract prior to development.

In 2022, the property owner applied to the County of Tulare to cancel the portion of the contract that covers the site. Tentative cancellation was granted by the Board of Supervisors on November 29, 2022, in accordance with State law, wherein a full Certificate of Cancellation will be issued upon payment of a cancellation fee and applying for cancellation of the Agricultural Preserve.

The property owner may complete the cancellation process prior to the annexation into City limits, or may be required by the Local Agency Formation Commission to finalize the cancellation prior to the annexation being recorded and taking effect. Staff is therefore recommending conditions of approval in the entitlements stating that no permits shall be issued for grading or development on the site until the site is completely removed from the Land Conservation Contract and Agricultural Preserve.

Traffic Impact Study:

A Traffic Impact Study (TIS) was prepared for the proposed project (ref.: Shirk Riggin Industrial Park, Kimley Horn, February 2024), attached as Appendix I of the EIR. The purpose of the study is to analyze traffic conditions related to buildout of the project and its projected level of service (LOS) at multiple traffic scenarios, including Existing conditions, Near-Term opening year projection, and LongTerm operating scenarios at 5, 10, and 20 years beyond buildout, and the corresponding environmental impact as required by the California Environmental Quality Act (CEQA).

The TIS concluded that various intersection improvements are needed at the different buildout Visalia City Council Page 5 of 11 Printed on 3/14/2025
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scenarios and timeframes. Intersection improvements are summarized in Section 3.14.7 in the EIR.

Mitigation measures have been included in the Environmental Impact Report to address the roadway deficiencies described above, addressing various intersections.

For the Near-Term conditions, the following improvements are specified as mitigation measures, to be completed in association with various phases. Certain improvements, while required to be constructed, would coincide with the City’s Transportation Impact Fee program wherein construction costs can be paid back over time. A summary of mitigation measures are noted below:
· Measures TRANS-3 and TRANS-4 require extending turn lanes or adding turning lanes to the intersections of Plaza Drive / Riggin Avenue and Shirk Street / Riggin Avenue. These improvements will be tied to the completion of project phases 1 and 2. · Measure TRANS-5 requires signalizing the Shirk Street and Ferguson Avenue intersection prior to the issuance of final occupancy of any portion of project area. This would include pro rata cost sharing with the adjacent Carleton Acres Specific Plan project. · Measure TRANS-6 requires that prior to the final occupancy of any portion of Phase 3, a fair share contribution be made towards the signalization of Roeben Street / Ferguson Avenue.

This would include pro rata cost sharing with the adjacent Carleton Acres Specific Plan project.
· Measure TRANS-7 requires restriping the Akers Street / Riggin Avenue intersection to incorporate additional turn lanes and through lanes. This would include pro rata cost sharing with the adjacent Carleton Acres Specific Plan project. · Measure TRANS-8 requires restriping the Akers Street / Ferguson Avenue intersection to incorporate additional turn lanes and through lanes. This would include pro rata cost sharing with the adjacent Carleton Acres Specific Plan project. · Measure TRANS-9 requires extending turn lanes in the southbound lanes of the Akers Street / Goshen Avenue intersection. This would include pro rata cost sharing with the adjacent Carleton Acres Specific Plan project.

It should be noted that the City of Visalia is expected to break ground on a grant-funded Riggin Avenue widening project between Kelsey and Shirk Streets (1.0 miles), encompassing all of the project’s Riggin Avenue frontage. Utility pole relocation is expected to occur in the first half of 2025, while the roadway widening will be completed by the end of 2025.

The proposed project is expected to increase VMT (Vehicle Miles Travelled) per employee within the Traffic Analysis Zone (TAZ) it is located by approximately 0.15 miles, or 1.54 percent of the total miles traveled. Therefore, the proposed project would result in a significant VMT impact, requiring additional Mitigation Measures in order to assist with reducing the project’s VMT impact. These measures consist of dedicating land and constructing a bike path along the south side of Modoc Ditch, and installing secured bicycle storage lockers for future employees.

As a result, with implementation of all feasible mitigation measures, the project EIR concludes that full buildout of the Project will result in a less than significant impact with mitigation incorporated.

Annexation Information:

Detachment for Service Area No. 1:

The subject site is part of Tulare County Service Area No. 1. Services provided in Service Area No. 1 include domestic water and sewer. Detachment of the project area from Service Area No. 1 is required upon annexation as future development will receive domestic water and sanitary sewer Visalia City Council Page 6 of 11 Printed on 3/14/2025
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required upon annexation as future development will receive domestic water and sanitary sewer services from the California Water Service Company and the City of Visalia, respectively.

Annexations submitted to LAFCO require that the City include a request to detach the annexed area from the County’s service area. Though detachments were previously an automatic process conducted as part of annexations, a 2009 law change now requires Cities to explicitly request detachment. The detachment is reflected in the draft Resolution (see Attachment 2).

Pre-Annexation Agreement:

The annexation will be subject to the terms of a Pre-Annexation Agreement which must be signed by the property owners requesting the annexation. The agreement is included within Attachment 2.

City Council District:

If the annexation area is approved, the parcel will be annexed into Voting District 3 per the Council Election Voting District Map. This is reflected in the draft Resolution (see Attachment 2).

Public Hearing & Review held by Planning Commission:

The Planning Commission conducted a public hearing on February 10, 2025, to consider the project and the requests for Conditional Use Permit No. 2024-26 and Tentative Parcel Map No. 2024-08 on the project site. The affiliated staff report is provided as Attachment 10.

During the public hearing, comments were provided by a representative of the project applicant. No people or surrounding property owners spoke during the public hearing.

In addition, the Commissioners were briefed on letters of correspondence submitted after distribution of the Planning Commission staff report together with staff’s determination that the letters did not require any further actions regarding the recommendation of certification toward the EIR (refer to Correspondence section below).

Planning Commissioners made a motion for each individual entitlement, and each item passed on a 5-0 vote, resulting in approval of Conditional Use Permit No. 2024-26 and Tentative Parcel Map No. 2024-08 as proposed, and resulting in recommendations that the City Council certify the EIR, approve the Development Agreement and General Plan Amendment, and initiate the Annexation request.

As noted elsewhere in this staff report, an appeal for the approval of Conditional Use Permit No. 2024-26 and Tentative Parcel Map No. 2024-08 was received by the City and is being considered as a separate agenda item.

Correspondence Received After Posting of Final EIR:

The Planning Division received four letters of correspondence following the notification of the first public hearing on this project (i.e., Planning Commission hearing). Three letters (Letters ‘A’, ‘B’, and ‘C’) were following the posting of the Planning Commission staff report on February 8th and prior to the Planning Commission public hearing on the evening of February 10th. A fourth letter (Letter ‘D’) was received on February 27th. All items of correspondence are included as Attachment 11.

All three letters came from parties that had previously submitted comments during the Draft EIR’s public review period in May 2024.
· Letters ‘A’ and ‘D’, from Golden State Environmental Justice Alliance, represented by the firm Blum Collins Ho, restates the original Draft EIR comment that the EIR is flawed despite the response to comments in the Final EIR. The two letters provide the CalEnviroScreen data pertinent to the site to support the present air quality conditions on the site, and use the data Visalia City Council Page 7 of 11 Printed on 3/14/2025
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to point out that the project site is located within a disadvantaged community. · Letter ‘B’, from Mitchell M. Tsai Law Firm, representing Carpenters Local 1109, reiterates comments included in their original comment letter to the Draft EIR, and replies to the Final EIR’s response to comments on five aspects of the original comment letter’s claim that the EIR is inadequate under CEQA.
· Letter ‘C’, from Lozeau Drury LLP, representing Eddie Torres, Francisco Nunez, and Laborers International Union of North America, Local 294 (collectively “LIUNA”), states appreciation to the Final EIR’s response to comments and does not have any further comments or objections to the project’s EIR.

Upon review of these letters, staff continues to recommend that the Final EIR, together with the Draft EIR, be utilized for the entire project on the basis that the EIR as a whole, sufficiently analyzes environmental impacts related to the project. Further, the letters do not present items that are deemed as significant new information or significant environmental issues that require additional analysis, revisions to, or recirculation of the EIR prior to certification, in accordance with the California Environmental Quality Act (CEQA). Further, since the correspondence was released after the preparation of the Draft and Final EIR, the City is not under the obligation to respond to the correspondence in the context of the EIR and CEQA.

Fiscal Impact:

No impact on the City. Future development of the property will require the developer to pay development impact fees.

Prior Council Action: None.

Alternatives:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. After opening and closing the public hearing, if the City Council seeks additional information, continue the agenda item to a City Council meeting on a specified date; or

2. Refer the matter back to the Planning Commission; or,

3. Deny the entitlements.

Recommended Motion (and Alternative Motions if expected):

I move to approve Resolution No. 2025-09, certifying the Final Environmental Impact Report prepared for the Shirk and Riggin Industrial Park (State Clearinghouse Number 2022080658); and I move to approve Resolution No. 2025-10, to initiate proceedings for Annexation No. 2024-03, including authorization of the detachment of property from County Service Area No. 1 and for the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and the property owners; and
I move to approve Resolution No. 2025-11, to approve General Plan Amendment No. 2025-01; and I move to conduct the First reading of the approval of Ordinance No. 2025-02 for the Development Agreement pertaining to the Shirk and Riggin Industrial Park.

Environmental Assessment Status / CEQA Review:

A Draft and Final Environmental Impact Report (EIR) (State Clearinghouse Number 2022080658), Visalia City Council Page 8 of 11 Printed on 3/14/2025
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A Draft and Final Environmental Impact Report (EIR) (State Clearinghouse Number 2022080658), incorporated herein by reference, has been prepared in association with the Shirk and Riggin Industrial Park project, in accordance with the California Environmental Quality Act (CEQA).

It should be noted that this project would not be subject to Assembly Bill 98 pertaining to logistic uses, passed by California Legislature on September 30, 2024, since this project was initiated and had its Draft Environmental Impact Report circulated for review prior to the effective date of the bill, and is therefore considered to be currently in a local entitlement process per the law.

Significant and Unavoidable Impacts
The EIR has determined that all project impacts were either less than significant or could be mitigated to a less than significant level with the exception of the following impacts that are considered significant and unavoidable:
· Agriculture & Forestry Resources - Conversion of prime farmland (project level) · Agriculture & Forestry Resources - Conversion of prime farmland (cumulative level) · Air Quality - Implementation of the applicable Air Quality Plan (project level) · Air Quality - Cumulatively considerable net increase of nitrogen oxide (NOX) during construction, and reactive organic gas (ROG), NOX, and particulate matter 10 micrometers or less in diameter (PM10) during operation (project level) · Air Quality - Exceeding certain identified construction and operational significance thresholds (cumulative level)
· Noise - Mobile source operational noise (project level) · Noise - Exceeding certain identified operational significance threshold (cumulative level) Pursuant to CEQA Guidelines sections 15043, 15091 and 15092, the City, as the Lead Agency, may still approve a project for which the EIR identifies significant and unavoidable environmental impacts resulting from the project. This requires the adoption of a Statement of Overriding Considerations for each environmental impact that falls into the category of significant and unavoidable.

The decision to adopt a Statement of Overriding Considerations must be supported by factual documentation that supports the decision that:

1. There is no feasible way to lessen or avoid the significant impact; and,

2. Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project.

The findings and recommended conclusions for each of the seven environmental analysis areas noted above are contained in the resolution recommending certification of the EIR.

Mitigation Measures
The EIR further disclosed mitigation measures that are incorporated into the project to reduce or avoid significant effects on the environment. The measures address the following resources:
· Seven (7) mitigation measures pertaining to Air Quality for impacts of the project having a considerable net increase of a criterial pollutant for which the project region is nonattainment. · Seven (7) mitigation measures pertaining to Biological Resources for impacts of the project to special-status wildlife species possible to occur on-site (i.e., Swainson’s hawk, burrowing Visalia City Council Page 9 of 11 Printed on 3/14/2025
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owl, San Joaquin Kit Fox).
· Four (4) mitigation measures pertaining to Cultural Resources to reduce the impacts of the project on the potential of exposing historical or archaeological materials during construction. · Three (3) mitigation measures pertaining to Geology and Soils to address potential impacts related to grading, the potential for on-site erosion due to project construction and operation, and the potential of exposing a fossil during construction. · Two (2) mitigation measures pertaining to Greenhouse Gas Emissions to address the potential for the project to conflict with an agency plan adopted for the purpose of reducing the emissions of greenhouse gases.
· One (1) mitigation measure pertaining to Hazardous Materials to address the potential presence o abandoned or unrecorded wells.
· Two (2) mitigation measures pertaining to Noise to address the impacts of drive-through lane and car wash noise upon noise-sensitive land uses, and the potential of any other specific uses that could result in a noise-related conflict.
· Eleven (11) mitigation measures pertaining to Transportation for addressing impacts to Vehicle Miles Travelled, Level Of Service, and construction traffic. · One (1) mitigation measure pertaining to Utilities and Service Systems for addressing the potential to attain solid waste reduction goals.

Project Alternatives
CEQA Guidelines Section 15126.6 requires the consideration of a range of reasonable alternatives to the proposed Project that could feasibly attain most of the objectives of the proposed Project. This Draft EIR analyzed the following alternatives:
· Reduced Footprint Alternative: Under this Alternative, the site would be developed in a manner largely similar to the Project, except that the project would have a reduced overall footprint of development consisting of 142 acres of developable land and 142 acres preserved in agriculture use.
· Alternative Location: Under this Alternative, the site would be developed like the Project Concept at a different location, on 290 acres west of Plaza Drive and Riggin Avenue. · No Project Alternative: Under this Alternative, the Project would not be constructed, and the site would remain in agricultural production.

Public Review and Recommendation
Circulation of the Draft EIR followed a Notice of Availability period wherein the Draft EIR was duly noticed and conducted for the project for a 45-day public review and comment period from April 11 to May 28, 2024. The City of Visalia is the lead agency for the preparation of the EIR. Seven comment letters were received during this public review period. City staff and the preparer of the EIR have prepared responses to the comments received (refer to the Final EIR, dated January 2025). The Draft Program EIR, including the technical appendices, all the comments received and the responses to these comments, constitute the Final EIR.

The certification of the EIR for this project rests with the final approving body, which is the City Council.

Attachments:

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1. Resolution No. 2025-09 - Certification of Final EIR. · Exhibit “A” - CEQA Findings of Fact and Statement of Overriding Considerations. · Attachment A of Exhibit “A”- Mitigation Monitoring and Reporting Program.

2. Resolution No. 2025-10 - Initiating proceedings for Annexation No. 2024-03 and Detachment from County Service Area No. 1.
· Attachment “A” - Annexation Area.
· Attachment “B” - Pre-Annexation Agreement.

3. Ordinance No. 2025-02 - Adopting a Development Agreement for Shirk-Riggin Industrial Park.

4. Resolution No. 2025-11 - Adopting General Plan Amendment No. 2025-01.

5. Site Plan.

6. Phasing Map.

7. Tentative Parcel Map.

8. Operational Statement.

9. Conceptual Design Plans.

10. Planning Commission Staff Report dated February 10, 2025.

11. Correspondence received.

12. Draft Environmental Impact Report.
· The Draft EIR with Appendices can also be accessed online at <https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=55426>

13. Final Environmental Impact Report.
· The Final EIR can also be accessed online at
<https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=57144>

14. through 17. General Plan Land Use, Zoning, Aerial, and Location Maps.

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Related Plans and Policies
Related sections of state law
Government Code - GOV
TITLE 5. LOCAL AGENCIES [50001 - 57607]
( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT
REORGANIZATION ACT OF 2000 [56000 - 57550]
( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. )
CHAPTER 3. Powers [56375 - 56386]
( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )
56375.

The commission shall have all of the following powers and duties subject to any limitations upon its jurisdiction set forth in this part:
(a) (1) To review and approve with or without amendment, wholly, partially, or conditionally, or disapprove proposals for changes of organization or reorganization, consistent with written policies, procedures, and guidelines adopted by the commission.
(2) The commission may initiate proposals by resolution of application for any of the following:
(A) The consolidation of a district, as defined in Section 56036. (B) The dissolution of a district.
(C) A merger.
(D) The establishment of a subsidiary district.
(E) The formation of a new district or districts.
(F) A reorganization that includes any of the changes specified in subparagraph (A), (B), (C), (D), or (E).
(G) The dissolution of an inactive district pursuant to Section 56879. (H) The dissolution of a district pursuant to Section 56375.1. (3) A commission may initiate a proposal described in paragraph (2) only if that change of organization or reorganization is consistent with a recommendation or conclusion of a study prepared pursuant to Section 56378, 56425, or 56430, and the commission makes the determinations specified in subdivision (b) of Section 56881.
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(4) A commission shall not disapprove an annexation to a city, initiated by resolution, of contiguous territory that the commission finds is any of the following:
(A) Surrounded or substantially surrounded by the city to which the annexation is proposed or by that city and a county boundary or the Pacific Ocean if the territory to be annexed is substantially developed or developing, is not prime agricultural land as defined in Section 56064, is designated for urban growth by the general plan of the annexing city, and is not within the sphere of influence of another city.
(B) Located within an urban service area that has been delineated and adopted by a commission, which is not prime agricultural land, as defined by Section 56064, and is designated for urban growth by the general plan of the annexing city.
(C) An annexation or reorganization of unincorporated islands meeting the requirements of Section 56375.3.
(5) As a condition to the annexation of an area that is surrounded, or substantially surrounded, by the city to which the annexation is proposed, the commission may require, where consistent with the purposes of this division, that the annexation include the entire island of surrounded, or substantially surrounded, territory.
(6) A commission shall not impose any conditions that would directly regulate land use density or intensity, property development, or subdivision requirements. (7) The decision of the commission with regard to a proposal to annex territory to a city shall be based upon the general plan and prezoning of the city. When the development purposes are not made known to the annexing city, the annexation shall be reviewed on the basis of the adopted plans and policies of the annexing city or county. A commission shall require, as a condition to annexation, that a city prezone the territory to be annexed or present evidence satisfactory to the commission that the existing development entitlements on the territory are vested or are already at build-out, and are consistent with the city’s general plan.

However, the commission shall not specify how, or in what manner, the territory shall be prezoned.
(8) (A) Except for those changes of organization or reorganization authorized under Section 56375.3, and except as provided by subparagraph (B), a commission shall not approve an annexation to a city of any territory greater than 10 acres, or smaller as determined by commission policy, where there exists a disadvantaged unincorporated community that is contiguous to the area of proposed annexation, unless an application to annex the disadvantaged unincorporated community to the subject city has been filed with the executive officer.
(Amended by Stats. 2022, Ch. 89, Sec. 1. (SB 938) Effective January 1, 2023.) 1164
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66342]
( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 4. Zoning Regulations [65800 - 65912]
( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ARTICLE 2. Adoption of Regulations [65850 - 65863.13]
( Article 2 added by Stats. 1965, Ch. 1880. )
65859.
(a) A city may, pursuant to this chapter, prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the city.

The zoning shall become effective at the same time that the annexation becomes effective.
(b) Pursuant to Section 56375, those cities subject to that provision shall complete prezoning proceedings as required by law.
(c) If a city has not prezoned territory which is annexed, it may adopt an interim ordinance pursuant to Section 65858.
(Amended by Stats. 1994, Ch. 939, Sec. 13. Effective September 28, 1994. Operative January 1, 1995, by Sec. 29 of Ch. 939.)
Zoning Ordinance
Chapter 17.02 GENERAL PROVISIONS

17.02.020 Purpose.

This title is enacted to preserve and promote the public health, safety and welfare of the city, and of the public generally and to facilitate growth and expansion of the municipality in a precise and orderly manner. More specifically, the zoning ordinance is adopted in order to achieve the following objectives:

A. Foster a workable relationship among land uses;
B. Promote the stability of existing land uses that conform to the district in which they occur;
C. Ensure that public and private lands ultimately are used for purposes that are appropriate and most beneficial for the city;
D. Prevent excessive population densities;
E. Avoid a concentration of structures adjoining each other or juxtaposed too closely together in close proximity to each other;
F. Promote a safe, effective traffic circulation system; 1165
G. Require adequate off-street parking and truck loading facilities; H. Facilitate the appropriate location of community facilities and institutions; I. Coordinate land use policies and regulations of the city in order to facilitate the transition of land areas from county to municipal jurisdiction and to protect agricultural producers in areas planned for urban expansion;
J. Implement the goals, policies and map of the general plan. (Ord. 2017-01 (part), 2017: prior code § 7201)
Chapter 17.06 ZONE CLASSIFICATIONS

17.06.050 Boundary changes because of annexation or right-of-way abandonment.

A. All territory that is annexed to the city shall be classified to a zone that is consistent with the general plan as adopted by the city.

B. All territory that is unzoned or becomes unzoned through abandonment of a public street, alley or railroad right-of-way, shall be classified to the centerline the same as the property adjoining the street, alley or railroad right-of-way. (Ord. 2017-01 (part), 2017:
prior code § 7230)
Chapter 17.44 ZONING AMENDMENTS

17.44.010 Purpose.

As a general plan for Visalia is put into effect, there will be a need for changes in zoning boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this title may be warranted.

Such amendments shall be made in accordance with the procedure prescribed in this chapter. (Ord. 2017-01 (part), 2017: prior code § 7580)

17.44.020 Initiation.

A. A change in the boundaries of any zone may be initiated by the owner of the property within the area for which a change of zone is proposed or by his authorized agent. If the area for which a change of zone is proposed is in more than one ownership, all of the property owners or their authorized agents shall join in filing the application, unless included by planning commission resolution of intention.

B. A change in boundaries of any zone, or a change in a zone regulation, off-street parking or loading facilities requirements, general provision, exception or other provision may be initiated by the city planning commission or the city council in the form of a request to the commission that it consider a proposed change; provided, that in either case the procedure prescribed in Sections 17.44.040 and 17.44.090 shall be followed. (Ord. 2017-01 (part), 2017: prior code § 7581)

17.44.030 Application procedures.
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A. A property owner or his authorized agent may file an application with the city planning commission for a change in zoning boundaries on a form prescribed by the commission and that said application shall include the following data:

1. Name and address of the applicant;

2. Statement that the applicant is the owner of the property for which the change in zoning boundaries is proposed, the authorized agent of the owner, or is or will be the plaintiff in an action in eminent domain to acquire the property involved;

3. Address and legal description of the property;

4. The application shall be accompanied by such sketches or drawings as may be necessary to clearly show the applicant's proposal;

5. Additional information as required by the historic preservation advisory board.

B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application. (Ord. 2017-01 (part), 2017:
prior code § 7582)

17.44.040 Public hearing—Notice.

The city planning commission shall hold at least one public hearing on each application for a change in zone boundaries and on each proposal for a change in zone boundaries or of a zone regulation, off-street parking or loading facilities requirements, general provisions, exception or other provision of this title initiated by the commission or the city council. Notice of the public hearing shall be given not less than ten days or more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation within the city, and by mailing notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use that is the subject of the hearing. (Ord. 2017-01 (part), 2017: prior code § 7583)

17.44.050 Investigation and report.

The city planning staff shall make an investigation of the application or the proposal and shall prepare a report thereon that shall be submitted to the city planning commission. (Ord. 2017-01 (part), 2017: prior code § 7584)

17.44.060 Hearing.

A. At the public hearing, the city planning commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020.

B. If the commission's recommendation is to change property from one zone designation to another, the commission may recommend that conditions be imposed so as not to create problems adverse to the public health, safety and general welfare of the city and its residents. (Ord. 2017-01 (part), 2017: prior code § 7585)

17.44.070 Action of city planning commission.
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The city planning commission shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. The commission shall transmit a report to the city council recommending that the application be granted, conditionally approved, or denied or that the proposal be adopted or rejected, together with one copy of the application, resolution of the commission or request of the Council, the sketches or drawings submitted and all other data filed therewith, the report of the city engineer and the findings of the commission. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7586)

17.44.080 [Reserved].

17.44.090 Action of city council.

A. Upon receipt of the resolution or report of the city planning commission, the city council shall review the application or the proposal and shall consider the resolution or report of the commission and the report of the city planning staff.

B. The city council shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. If the council finds that the change is required, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. The city council may impose conditions on the change of zone for the property where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city and its residents. If conditions are imposed on a change of zone, said conditions shall run with the land and shall not automatically be removed by a subsequent reclassification or change in ownership of the property. Said conditions may be removed only by the city council after recommendation by the planning commission. If the council finds that the change is not required, it shall deny the application or reject the proposal. (Ord. 2017-01 (part), 2017: prior code § 7587)

17.44.100 Change of zoning map.

A change in zone boundary shall be indicated on the zoning map. (Ord. 2017-01 (part), 2017: prior code § 7589)

17.44.110 New application.

Following the denial of an application for a change in a zone boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application. (Ord. 2017-01 (part), 2017: prior code § 7590)

17.44.120 Report by city planner.

On any amendment to the zoning code changing property from one zone classification to another, the city planner shall inform the planning commission and the city council of any conditions attached to previous zone changes as a result of action taken pursuant to Sections 17.44.060, 17.44.070 and 17.44.090. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7591)
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PREZONE –
• ANNEXATION NO. 2024-03

SHIRK & RIGGIN INDUSTRIAL PARK
• ANNEXATION NO. 2024-05

BLANKENSHIP PROJECT
July 21, 2025
CITY

COUNCIL

HEARING
1169

PROJECT

DESCRIPTION
• City has voluntarily initiated this action for the purpose of formally prezoning these project sites through the adoption of an ordinance • July 14, 2025 Planning Commission Hearing, Planning Commission approved the recommendation to City Council by a 4-0 vote. • Conform to the zone designations for property undergoing annexation into the City limits of Visalia:
a. Annexation No. 2024-03: I and I-L zoning
b. Annexation No. 2024-05: R-1-5 and C-MU
• The Prezones do not make any new change to the zoning upon the project sites, nor make any changes to the underlying projects
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ANNEXATION NO. 2024-03 BACKGROUND
February 10, 2025, Planning
Commission recommended that City
Council initiate annexation request
March 17, 2025, City Council
approved recommendation to
initiate proceedings toward filing the
annexation application with LAFCO
Application was filed and a public
hearing for LAFCO is scheduled for
August 6, 2025
The zone designations in this Prezone
are synonymous with the previous
actions of Planning Commission and
City Council
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Annexation No. 2024-03 – A request by Seefried Industrial Properties, Inc. • Annex three parcels, 284
acres, into the City limits
⚬ 253 acres will be
zoned Industrial
⚬ 31 acres will be zoned
Light Industrial
• Facilitate the development
of an Industrial Park
ANNEXATION NO. 2024-03 UNDERLYING PROJECT:

SHIRK & RIGGIN INDUSTRIAL PARK
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ANNEXATION NO. 2024-05

BACKGROUND
April 28, 2025, Planning Commission
recommended that City Council initiate
annexation request
June 2, 2025, City Council approved
recommendation to initiate proceedings
toward filing the annexation application with
LAFCO
Application was filed and a public hearing
for LAFCO is scheduled for August 6, 2025
The zone designations in this Prezone are
synonymous with the previous actions of
Planning Commission and City Council
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Annexation No. 2024-05 - request by SJVH
• Annex two parcels, 62 acres, into the
City limits
⚬ 55 acres will be zoned R-1-5
⚬ 7 acres will be zoned C-MU
• Facilitate the development of a 203-lot
subdivision
ANNEXATION NO. 2024-05
UNDERLYING PROJECT:

BLANKENSHIP SUBDIVISION
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Department Recommendation
Staff recommends that the City Council approve for first reading:
• Ordinance No. 2025-04, to adopt a Prezone to Annexation No. 2024-03 • Ordinance No. 2025-05, to adopt a Prezone to Annexation No. 2024-05

RECOMMENDATION
Basis for Findings
• The proposed prezone is consistent with the Visalia General Plan and its goals, policies, and objectives, as adopted by the City.
• The proposed prezone is consistent with the approved Annexation. 1175

QUESTIONS
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0266 Agenda Date: 7/21/2025 Agenda #: 4.

Agenda Item Wording:

Prezone Ordinance Adoption - An Introduction and first Reading of Ordinance No. 2025-05, a request by the City of Visalia to adopt a prezone of the property related to Annexation No. 2024-05, undergoing annexation into the City limits of Visalia. The prezone will change zones on the Official Zoning Map of the City of Visalia from 62 acres of unzoned to approximately 55 acres of R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) and approximately 7 acres of C-MU (Mixed Use Commercial) zone designation, consistent with the land use designations of the Visalia General Plan Land Use Map and consistent with Section 17.06.050 of the Visalia Municipal Code.

The proposed project site is located on approximately 62 acres, on the southeast corner of South Santa Fe Street and East Caldwell Avenue (APNs: 123-400-005 and 123-400-001).

Prepared by:

Colleen A. Moreno, Assistant Planner 559-713-4031, [email protected] Paul Bernal, Planning and Community Preservation Director 559-713-4025, [email protected] Department Recommendation: Staff recommends that the City Council approve the first reading of an Ordinance to adopt Prezone to Annexation No. 2024-05, based upon the findings that the proposed prezone is consistent with the Visalia General Plan and its goals, policies, and objectives, as adopted by the City and that the proposed prezone is consistent with Annexation No. 2024-05.

Summary:

The proposed Prezone action upon Annexation No. 2024-05 is a city-initiated request being made to confirm the zone designations of Single-Family Residential, 5,000 square foot minimum site area (R1-5) and Mixed Use Commercial (C-MU) for property undergoing annexation into the City limits of Visalia.

Background Discussion:

Annexation No. 2024-05 is an annexation proposed by San Joaquin Valley Homes to annex two parcels totaling approximately 62 acres into the City limits of Visalia. This annexation will facilitate the development of a 203-lot single-family residential development and provide for a future mixed use commercial zone, although that 7 acre area is not being developed together with the residential project. The Planning Commission held a public hearing on April 28, 2025, and recommended that City Council initiate this annexation request. The City Council subsequently held a public hearing on June 2, 2025, and approved the recommendation to initiate proceedings toward filing the annexation application with the Tulare County Local Agency Formation Commission (LAFCO). The application was filed, and a public hearing is scheduled for August 6, 2025.

The City Council Resolution initiating the annexation proceedings, as described above, confirmed the R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) and C-MU (Mixed Use Commercial) zone designations to be assigned to the property upon annexation to the City is consistent with the General Plan Land Use Map. This confirmation of zone designations was done following past practices wherein the City relied upon its adopted General Plan Land Use Map Visalia City Council Page 1 of 4 Printed on 7/18/2025
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following past practices wherein the City relied upon its adopted General Plan Land Use Map together with the Visalia Municipal Code Section 17.06.050(A) to effectuate the zoning on the project prior to filing with LAFCO. City staff, based on an internal review of our processes, have decided to revise the prezoning process to incorporate a formal adoption of an ordinance that establishes the specific prezoning of each proposed annexation.

The City has voluntarily initiated this action for the purpose of formally “prezoning” this project site through the adoption of an ordinance, using the City’s established Zoning Amendment process outlined in Visalia Municipal Code Chapter 17.44. Under this chapter, the Planning Commission will make findings and a recommendation to the City Council. The City Council will take final action on the proposal. Going forward, all annexation requests will be accompanied with a Prezoning ordinance action for Council adoption.

The zone designations in this Prezone are synonymous with the previous actions of Planning Commission and City Council on the corresponding annexation. This Prezone does not make any new change to the zoning upon the project site, nor does it result in any change to the underlying project (i.e. Blankenship subdivision) associated with the annexation.

Prezone language in State law:

The City of Visalia’s past practice of exercising a prezone for annexed property by classifying it to a zone consistent with the existing General Plan designation, as stated in Visalia Municipal Code section 17.06.050(A), or initiating a General Plan amendment prior to recommending annexation has been based upon State Government Code Section 65859, which states:
(a) A city may, pursuant to this chapter, prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the city.

The zoning shall become effective at the same time that the annexation becomes effective. (b) Pursuant to Section 56375, those cities subject to that provision shall complete prezoning proceedings as required by law.
(c) If a city has not prezoned territory which is annexed, it may adopt an interim ordinance pursuant to Section 65858.

Subsections (a) and (c) both use the permissive wording “may”, not the more typical mandatory wording of “shall” and in addition state laws concerning zoning requirements are typically limited in application to charter cities under Section 65803. Furthermore, the City’s past practice has followed Subsection (b) because it is completing a process that has been long accepted by Tulare County LAFCO as sufficient to prezone territory prior to annexation.

Government Code Section 56375, concerning powers of local agency formation commissions, includes subsection (a)(7) that refers to the approval of municipal annexations, requires a prezoning process or presentation of evidence that the development entitlements are consistent with the General Plan, but it doesn’t specify a specific manner or process of prezoning:
(7) The decision of the commission with regard to a proposal to annex territory to a city shall be based upon the general plan and prezoning of the city. When the development purposes are not made known to the annexing city, the annexation shall be reviewed on the basis of the adopted plans and policies of the annexing city or county. A commission shall require, as a condition to annexation, that a city prezone the territory to be annexed or present evidence satisfactory to the commission that the existing development entitlements on the territory are vested or are already at build-out, and are consistent with the city's general plan. However, the Visalia City Council Page 2 of 4 Printed on 7/18/2025
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commission shall not specify how, or in what manner, the territory shall be prezoned.

Visalia’s Zoning Ordinance Section 17.06.050 explains the prezoning process which relies upon utilization and being consistent with the City’s General Plan Land Use Map and upon City Council resolutions that approve an annexation and affirm the proposed zoning, which is then presented to LAFCO for adoption.

Updating Process to Adopt a Specific Zoning Amendment Ordinance:

While the City maintains that its manner of prezoning prescribed in Section 17.06.050 complies with State law by meeting Government Code Sections 56375 and 65859, a more explicitly formal procedure could also be utilized. Such procedure would be to enact an ordinance reviewing the General Plan designation for the property proposed for annexation, the proposed usage of that property, then, by ordinance, direct the change from “unzoned” to the equivalent zoning as prescribed by the General Plan land use map (substantiated in the Implementation chapter of the General Plan).

This additional step for the City Council to adopt an ordinance declaring prezoning on a project-byproject basis is beneficial in that it requires a specific review and record of the underlying project and the proposed zoning by a project-specific ordinance prezoning the property instead of relying on the general city-wide ordinance for prezoning. The more formal project specific ordinance is commonly used by municipalities throughout the State of California, and following statewide practices can simplify working with developers that have projects in other areas of California.

Planning Commission Review and Action: At the July 14, 2025 meeting, staff presented the item as described in this report to the Planning Commission. After receiving the staff presentation, and taking public comment, the Planning Commission approved, the prezone by a 4-0 vote.

Fiscal Impact: No impact to the City. Future development of the property will require the developer to pay development impact fees.

Prior Council Action: On June 2, 2025, the City Council held a public hearing regarding the Blankenship Project for Annexation No. 2024-05. The item was approved by the City Council with the recommendation to initiate proceedings toward filing the annexation application with the Tulare County local Agency Formation Commission (LAFCO).

Other: On April 28, 2025, the Planning Commission held a public hearing regarding Annexation No. 2024-05, and the Blankenship Tentative Subdivision Map No. 5602. The Planning Commission recommended approval of the annexation initiation request to the City Council and approved the subdivision map by a 5-0 vote.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve for first reading Ordinance No. 2025-05, a request by the City of Visalia to adopt a Prezone to Annexation No. 2024-05.

Environmental Assessment Status: An Initial Study and Mitigated Negative Declaration were prepared for the proposed project.

CEQA Review: An Initial Study was prepared for this project, consistent with the California Environmental Quality Act (CEQA). The Initial Study / Mitigated Negative Declaration No. 2024-63 Visalia City Council Page 3 of 4 Printed on 7/18/2025
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File #: 25-0266 Agenda Date: 7/21/2025 Agenda #: 4.

Environmental Quality Act (CEQA). The Initial Study / Mitigated Negative Declaration No. 2024-63 (SCH 2025040063) was certified by City Council on June 2, 2025, by Resolution No. 2025-31. This Initial Study / Mitigated Negative Declaration is being utilized for consideration of the prezone’s environmental analysis in accordance with CEQA.

Deadline for Action: 7/14/2025
Attachments:

1. Ordinance No. 2025-05
· Exhibit “A” of Ordinance No. 2025-05: Zoning Map illustrating zone designations of the project site upon Annexation

2. City Council Staff Report from June 2, 2025

3. Related Plans and Policies
Visalia City Council Page 4 of 4 Printed on 7/18/2025
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ORDINANCE NO. 2025-05
ORDINANCE NO. 2025-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING A PREZONING ORDINANCE TO ANNEXATION NO. 2024-05: A REQUEST BY THE CITY

OF VISALIA TO PREZONE BY ORDINANCE THE PROPERTY UNDERGOING ANNEXATION INTO THE CITY LIMITS OF VISALIA. THE PREZONE WILL CHANGE ZONES ON THE OFFICIAL ZONING MAP OF THE CITY OF VISALIA FROM 62 ACRES OF UNZONED TO APPROXIMATELY 55 ACRES OF R-1-5 (SINGLE-FAMILY RESIDENTIAL, 5,000 SQUARE FOOT MINIMUM SITE AREA) ZONE DESIGNATION AND APPROXIMATELY 7 ACRES OF C-MU (MIXED USE COMMERCIAL),

CONSISTENT WITH THE LAND USE DESIGNATIONS OF THE VISALIA GENERAL PLAN LAND USE MAP AND CONSISTENT WITH SECTION 17.06.050 OF THE VISALIA MUNICIPAL CODE. THE PROPOSED PROJECT IS LOCATED ON THE

SOUTHEAST CORNER OF SOUTH SANTA FE STREET AND EAST CALDWELL AVENUE (APNS: 123-400-005 & 123-400-001).

WHEREAS, Prezone to Annexation No. 2024-05 is a request by the City of Visalia to adopt a prezoning ordinance for the property undergoing annexation into the City limits of Visalia. The prezoning will change zones on the Official Zoning Map of the City of Visalia from 62 acres of unzoned to approximately 55 acres of Single-Family Residential, 5,000 square foot minimum site area (R-1-5) zone designation and approximately 7 acres of Mixed Use Commercial (C-MU) zone designation, consistent with the land use designations of the Visalia General Plan Land Use Map and consistent with Section

17.06.050 of the Visalia Municipal Code; and
WHEREAS, San Joaquin Valley Homes has submitted entitlement applications with the City of Visalia for Tentative Subdivision Map No. 5602 and Annexation No. 2024- 05, to facilitate annexation of the Blankenship Subdivision project, a 203-lot single-family residential development and future 7-acre mixed use commercial zone (not to be developed together with the residential project), located within the City of Visalia; and WHEREAS, the specific changes of organization requested consist of detachment of the project area territory from the County of Tulare and annexation to the City of Visalia; and
WHEREAS, the territory to be annexed is within the Planning Area Boundary and the Urban Growth Boundary of the City of Visalia; and
WHEREAS, the proposed R-1-5 and C-MU zone districts are consistent with Single-Family Residential, 5,000 square foot minimum site area and Mixed Use Commercial land use designations of the General Plan, respectively, in accordance with Table 9-1: Consistency Between the Plan and Zoning; and WHEREAS, Government Code (CGC) § 56375(a)(7) requires, as a condition to annexation, that a city prezone of the territory to be annexed or present evidence satisfactory to the Local Agency Formation Commission (LAFCO) that the existing development entitlements on the territory are consistent with the city's general plan; and WHEREAS, pursuant to the City's Municipal Code and State Planning and Zoning Law, the Planning Commission of the City of Visalia is authorized to review and make recommendations to the City Council of the City of Visalia for actions related to the 1181
ORDINANCE NO. 2025-05
establishment of land use and zone designations on behalf of the City, which include General Plan Amendments and Change of Zones and extends to prezone actions; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on July 14, 2025, and considered the Prezone to Annexation No. 2024-05 to be in accordance with Chapter 17.02, Chapter

17.06, and Chapter 17.44 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing, and recommended that the City Council approve an Ordinance for the Prezone of Annexation No. 2024-05; and
WHEREAS, the Planning Commission of the City of Visalia adopted Resolution No. 2025-35 recommending approval of the Prezoning for the Project; and, WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a 1st reading and public hearing for the Prezone of the Annexation on July 21, 2025; and,
WHEREAS, the City Council of the City of Visalia finds the Prezone to Annexation No. 2024-05 to be in accordance with Chapter 17.02, Chapter 17.06, and Chapter 17.44 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and, WHEREAS, the City Council considers that the proposed project has no new effects that could occur, or new mitigation measures that would be required that have not been addressed within the scope of the Initial Study / Mitigated Negative Declaration (IS/MND) for the Blankenship Project (SCH# 2025040063), certified by the Visalia City Council on June 2, 2025, by Resolution No. 2025-31. The IS/MND adequately analyzed and addressed this proposed project and determined with mitigation that there would not be significant impacts resulting from the development of the Blankenship Project. A Mitigation and Monitoring Plan adopted with the IS/MND includes mitigation measures that reduce or eliminate the severity of some of these impacts to a level that is less than significant.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia finds that IS/MND for the Blankenship Project, State Clearinghouse No. 2025040063, was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

BE IT FURTHER RESOLVED that the City Council of the City of Visalia approves an Ordinance to Prezone designations for Annexation No. 2024-05, pursuant to Visalia Municipal Code Section 17.44.090 based on the following specific findings and evidence presented:

1. The proposed prezoning is consistent with the policies and intent of the General Plan and Zoning Ordinance of the City of Visalia.

2. The proposed prezoning would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

3. The proposed prezoning is internally consistent with other applicable provisions of these regulations.
1182
ORDINANCE NO. 2025-05

4. The site is physically suitable (including ability to meet requested zoning regulations, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses.

5. That the proposed prezoning, being processed as a Zone Amendment in accordance with Chapter 17.44 of the Visalia Municipal Code, is being done to achieve the objectives of the Zoning Ordinance prescribed in Section 17.02.020, which are established as a means to preserve and promote the public health, safety and welfare of the city, and of the public generally and to facilitate growth and expansion of the municipality in a precise and orderly manner, and is being done to confirm the classification of the zone designation that is consistent with the Visalia General Plan, in accordance with Section 17.06.050 of the Zoning Ordinance.

6. That the Initial Study / Mitigated Negative Declaration No. 2024-63 prepared and certified for the Blankenship Project (SCH# 2025040063) adequately address the impacts of the prezone since the project description anticipated the zoning on the property to be R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) and C-MU (Mixed Use Commercial).

7. That no new information has arisen since certification of the Initial Study / Mitigated Negative Declaration that alters its analysis of impacts or conclusions as to effects and required mitigation. Therefore, the IS/MND adequately addresses environmental impacts associated with this project.

BE IT FURTHER RESOLVED that the City Council of the City of Visalia approves the 1st Reading of an Ordinance of the Prezone to Annexation No. 2024-05, as depicted per Exhibit “A”, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Chapter 17.02, Chapter 17.06, and Chapter 17.44 of the Ordinance Code of the City of Visalia.

PASSED AND ADOPTED: BRETT TAYLOR, MAYOR
ATTEST: ___________________________

LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY
___________________________

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2025-05 passed and adopted by the Council of the City of Visalia at a regular meeting held on July 21, 2025, and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated: July 22, 2025 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
1183
ORDINANCE NO. 2025-05
EXHIBIT “A” OF ORDINANCE NO. 2025-05,

AN ORDINANCE OF THE CITY COUNCIL
APPROVING A PREZONING PERTAINING TO ANNEXATION NO. 2024-05 WHICH PERTAINS TO THE BLANKENSHIP PROJECT.

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

Section 1: The zone classifications of the Zoning Map shall be changed as follows, upon the effective date of Annexation No. 2024-05. =
Commercial
Mixed Use
(C-MU) Zone
Designation
Single-family Residential
5,000 sq. ft. site area (R-1-5) Zone
Designation
1184
Agenda Item Wording:
..title
Blankenship Subdivision Annexation – Public Hearing and consideration for the following actions related to the project located at the southeast corner of East Caldwell Avenue and South Santa Fe Street (APN: 123-400-005 and 123-400-001):

1. Adopt Initial Study / Mitigated Negative Declaration No. 2024-63 for Annexation No. 2024-05 and Blankenship Tentative Subdivision Map No. 5602 (Resolution No. 2025-31 required); and

2. Initiation of proceedings for Annexation No. 2024-05, a request by San Joaquin Valley Homes to annex two parcels totaling approximately 71.43 acres into the City limits of Visalia (Resolution No. 2025-32 required); and

3. Authorize the detachment from County Service Area No. 1 in accordance with State and County Requirements; and

4. Authorize the City Manager to sign and enter into a Pre-Annexation Agreement. ..body
Deadline for Action: 6/2/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Colleen A. Moreno, Assistant Planner, (559) 713-4031, [email protected] Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, [email protected]
Department Recommendation:

The Planning Commission and staff recommends that the City Council initiate annexation proceedings for the subject site by taking the following actions:

1. Adopt Initial Study / Mitigated Negative Declaration No. 2024-63 for Annexation No. 2024-05; and

2. Initiate proceedings on Annexation No. 2024-05 with the Tulare County Local Agency Formation Commission (LAFCO); and

3. Authorize the detachment of property from County Service Area No. 1 in accordance with State and County requirements (APN: 123-400-005 and 123-400- 001); and

4. Authorize the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and property owners.

If approved by the City Council, staff will file the Annexation application with LAFCO. 1185
Summary:

Annexation No. 2024-05 is recommended by Planning Commission and staff to be submitted to LAFCO based on the findings wherein the project is consistent with General Plan Policy LU-P-21 that allows and directs development to occur in the City’s Tier II Urban Development Boundary (UBD) and Policy LU-P-19 and Policy LU-P-55, which supports concentric growth and development of single-family residential projects.

The annexation is a request to annex 71.43 acres (see Attachment #3) of land containing General Plan land use designations of Low Density Residential and Mixed-Use Commercial to facilitate the development of the Blankenship Tentative Subdivision Map, which was conditionally approved by the Planning Commission on April 28, 2025 (See Attachment #10). The annexation and tentative subdivision map have been requested by the applicant, San Joaquin Valley Homes (SJVH).

Background Discussion:

Subdivision Information
The Blankenship Tentative Subdivision Map No. 5602 is a request to subdivide 62.43 acres of the overall total annexation area of 71.43 acres, into a 203-lot single-family residential subdivision. The subdivision will be developed in two phases, with the first phase developing 123 lots and the second phase developing the last 80 lots of the 203- lot subdivision (see Attachment #4), with a remainder of 7.04 acres of C-MU (Mixed Use Commercial) zoning, not to be developed with this project. The project will adhere to the R-1-5 zoning district for lot sizes of 5,000 square feet or greater, ensuring compatibility with the General Plan. The proposed subdivision will be developed at a density of 3.65 dwelling units per acre, which is consistent with the Residential Low Density land use designation for the site of 2 to 10 units per acre.

Annexation Information
The applicant has filed an application to initiate the annexation of two parcels totaling

71.43 acres (Annexation No. 2024-05) to facilitate the development of the 203-lot subdivision on approximately 62.53 acres. The annexation can be supported on the basis that the proposed use is consistent with Land Use Policy LU-P-21, which allows for annexation and development of residential land to occur within the Urban Development Boundary (Tier II) consistent with the City’s Land Use Diagram. The site can be serviced with all the requisite utilities and infrastructure available to serve the site upon development. Cities can approve tentative maps prior to final approval of the annexation by the Local Agency Formation Commission (LAFCO) but cannot approve a final subdivision map until after the land is annexed and the annexation recorded through the Tulare County Recorder.

Detachment for Service Area No. 1
The subject site is part of Tulare County Service Area No. 1. Services provided in Service Area No. 1 include domestic water and sewer. Detachment of the project area from Service area No. 1 is required upon annexation as future development will receive 1186
domestic water and sanitary services from the California Water Service Company and the City of Visalia.

Annexations submitted to LAFCO require that the City include a request to detach the annexed area from the County’s service area. The detachment is reflected in the Resolution (see Attachment #2).

Pre-Annexation Agreement
The annexation will be subject to the terms of a Pre-Annexation Agreement which must be signed by the property owners requesting the annexation (see Attachment #5).

City Council District
If the annexation area is approved, the parcel will be annexed into Voting District 2 per the Council Election Voting Map. This is reflected in the draft Resolution No. 2025-32 (see Attachment #2).

Providing of City Services:

The project will require improvements to the following infrastructure:
• Water Service: Water service to the subdivision will be provided by the California Water Service Company. A Will Serve Letter from the California Water Service Company shall be provided prior to issuance of any residential building permit for the project site.
• Sanitary Sewer: The sewer system will have to be extended to the boundaries of the development where future connection and extension is anticipated. The sewer system will be sized in order to service the entire subdivision. The developer will be required to coordinate with City staff on design and construction requirements for the sanitary sewer. The sanitary sewer master plan for the entire development will be required to be submitted for review prior to approval of any portion of the system.
• Storm Drainage: Storm water retention will be required with the subdivision. An additional storm drainage main installation is required in accordance with the City Master Plan on South Santa Fe Street. The applicant has been instructed to coordinate with City Engineer for conformance.
• Pocket Park: A portion of the project site will be devoted to a pocket park. The park is intended to provide an open space amenity adjacent to the TID canal and will be maintained through a Landscape and Lighting District.

The full complement of city services and programs, including Police and Fire protection, public parks usage, and Solid Waste collection, will be provided to the project site and future occupants of the project site upon annexation.

General Plan Consistency
The project site is located within the Tier II Urban Development Boundary. The stated purpose of the Urban Development Boundaries are to guide the timing, type, and location 1187
of growth, to preserve resource lands, natural features, and open space, and to promote infill and redevelopment. The Visalia General Plan Policy LU-P-21 includes phasing thresholds based on the issuance of building permits for allowing annexation and development of urban land within the Urban Development Boundary Tier II. The threshold of issuing building permits for 5,850 housing units since April 1, 2010, that is necessary to expand from Tier I to Tier II has been met. As of July 1, 2021, the City has issued permits for 5,868 housing units. Due to meeting this threshold, the Urban Development Boundary expanded from Tier I to Tier II by Resolution No. 2021-38 at the July 19, 2021, City Council meeting. The Blankenship annexation and subdivision area lies within Tier II which aligns with the General Plan Policy.

The project is consistent with General Plan Policy LU-P-19 of the General Plan, which states “ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy.”. In addition, the project is also consistent with General Plan Policy LU-P-55 which supports the development of R-1-5 zoned properties with single-family subdivisions. Existing utility infrastructure (i.e. sewer, storm, and water) can be extended from nearby urban development to accommodate the project build out. The proposed 203-lot single family residential will be compatible with existing residential development surrounding the site.

Staff supports the project because the project meets the overall intent of the General Plan and its policies.

Development Standards for Blankenship Subdivision
All of the proposed lots will meet the standard R-1-5 zoning (Single-Family Residential, 5,000 square foot minimum site area) standards for lot size and setbacks.

The average lot size for the subdivision is approximately 7,395 square feet, with the minimum lot size being 5,111 square feet (Lot 175) and the maximum lot size being 18,407 square feet (Lot 80). Each lot within the subdivision will conform to the development standards of the Visalia Municipal Code Chapter 17.12 Single-Family Residential which requires the following minimum lot area and setbacks:

Minimum Lot
Area Front Side Street Side Rear
5,000 sq. ft.
15-ft to
habitable
space.
22-ft to garage
5-ft 10-ft 25-ft
Street Connectivity and Improvements
The developer of the subdivision will be required to widen and install South Santa Fe Street roadway, located to the west of the project site, to a standard Collector Road as well as remaining frontage improvements along South Burke Street to the east.

Additionally, there will be street block connectivity within the subdivision with local city 1188
standard streets. Improvements on all streets located within and surrounding the subdivision include curb, gutter, sidewalks, parkway landscaping, and street lighting.

The developer of the subdivision is also required to coordinate with the City of Visalia’s Capital Improvements (CIP) Engineering Division for improvements along Caldwell Avenue, regarding the Caldwell Avenue Improvement Project, which is located north of the project site. These improvements along Caldwell Avenue including the remainder commercial parcel include but are not limited to curb, gutter, sidewalks, parkway landscaping and street lighting.

Landscape and Lighting District (LLD) and Block Walls
An LLD will be required for the long-term maintenance of the landscaping, lighting, pocket park, outlot areas and block walls within the subdivision. Please note that a block wall will be required along the shared property lines between the commercial zoned property and properties zoned residential; however, the requirement to install this block wall will be deferred until the commercial zoned property is developed.

Oak Tree Preservation (VMC Chapter 12.24)
The City has a municipal ordinance in place to protect valley oak trees. Per the Biological study submitted by the applicant, the tentative subdivision map, and a staff visit on April 16, 2025, to the project site, oak trees are located within the annexation area. All existing valley oak trees located near or within the project site are subject to the valley oak tree ordinance. The ordinance clearly provides the requirements for removal, pruning, as well as mitigation if the oak trees are to be removed. If the applicant requests to remove the valley oak trees, an Oak Tree Removal Permit shall be submitted and reviewed for approval or denial.

Agricultural Land Preservation Program Ordinance (VMC Chapter 18) The annexation area is located within the City’s Tier II growth boundary and is also defined as Prime Farmland per the Tulare County Farmland Mapping and Monitoring Program. Based on the project’s location and designation, the development of this site is subject to the City’s Agricultural Preservation Ordinance.

The developer of the project is subject to comply with the requirements of the adopted ordinance. The preserved land obligation shall be calculated at a ratio of one acre of preserved land for each acre converted land. Converted land acreage shall be calculated by determining the applicable project acreage less the acreage of exclusions. In addition, the preserved land obligation, as established in Section 18.04.070(A) of the APO, shall be preserved through acquisition of an agricultural easement in accordance with Section

18.04.080, unless eligible for payment of an in-lieu fee in accordance with Section

18.04.090 of the APO.

Please note that Great Valley Land Trust has obtained an agricultural easement for the developer of the Blankenship subdivision project that was approved to form by the City Council at their November 18, 2024, meeting. The agricultural easement was recorded on December 6, 2024, which satisfies the provisions of the City’s APO. 1189
Planning Commission Review and Action:

At the April 28, 2025, Planning Commission meeting, staff presented the item as described in this report to the Commission. After receiving the staff presentation and receiving no public comments in opposition of the project, several Planning Commissioners stated their support for the project based on the project’s consistency with the City’s General Plan and the City’s objectives for balanced growth and infill development. The Planning Commission recommended approval of the annexation and general plan amendment to the City Council by a 4-0-1 (one Commissioner absent) vote (see Attachment #9).