Agenda packet — Visalia City Council, August 4, 2025 (part 3 of 4)

460

VISALIA MUNICIPAL AIRPORT - VISALIA, CALIFORNIA

APPLICATION FOR FEDERAL ASSISTANCE
2025 AIRPORT IMPROVEMENT PROGRAM - DESIGN

RECONSTRUCT TAXILANE A
MARK TAXIWAY E CONNECTOR WITH NO TAXI ISLAND - PHASE 1

1. OBJECTIVES

PART IV

PROGRAM NARRATIVE
An Application for Federal Aviation Administration Airport Improvement Program funds has been prepared for the engineering design of the Reconstruction of Taxilane A (50' x 1,314') and Mark Taxiway E Connector with No Taxi Island, proposed to be included in the 2025 Airport Improvement Program at the Visalia Municipal Airport. This project is described as follows:

The existing Taxilane A pavements are old, have not had any maintenance since before 1999 and are exhibiting cracking, alligator cracking and moderate weathering. The PCI in 2012 was 72 but has since deteriorated and a new PCI calculation is currently in progress. It is important to reconstruct these pavements before failure occurs. The proposed reconstruction consists of pulverizing the existing AC and AB and reusing as 5" of ASB (FDR Recycled asphalt), 6 inches of AB, and 4 inches of AC.

New airfield markings will be installed.

Taxiway E markings will be revised to paint a no-taxi island to eliminate direct access from the apron to the runway.

2. RESULTS OR BENEFITS EXPECTED
The reconstruction of the taxilane pavements will provide safe and functional taxilane pavements for operations at the airport, which will have a remaining life so far as deep-seated distress is concerned of 20+ years.

3. APPROACH
a. Plan of Action - All airport design conforms to Advisory Circular 150/5300-13B, Airport Design. Specifications are being prepared based on Advisory Circular 150/5370-10H, Standards for Specifying Construction of Airports. All safety requirements as outlined in Ad�isory Circular 150/5370-2G, Operational Safety on Airports During Construction will be included in the Construction Safety and Phasing Plan prepared for this project.

The engineering will be performed in two phases as follows:

Phase 1 - Preliminary Engineering
a. Prepare Environmental Document - Cat Ex.
b. Topographic Surveys.
461
Visalia Municipal Airport
Application for Federal Assistance
2025 Airport Improvement Program - Design
Reconstruct Taxilane A
c. Geotechnical Studies
Part IV - Program Narrative

Page 2 ends

Phase 2 • Engineering Design and Preparation of Plans and Specifications a. Perform complete engineering design.
b. Prepare complete plans and specifications for this project, ready for bid. c. Prepare Engineer's Report including engineer's estimate of construction costs for the proposed project, the Construction Safety and Phasing Plan, and the Construction Management Plan.
b. Consultant - The consultant who will work on the project will be Brandley Engineering.

Brandley Engineering will perform the engineering design for this project.

4. GEOGRAPHIC LOCATION
This project included in this project Application will be at the Visalia Municipal Airport located in Visalia, Tulare County, California. The areas to be served will be the City of Visalia and areas of Tulare County that will be served by the airport improvements.

The location and dimensions of the project are shown on the project sketch included as part of this Program Narrative.

5. SPONSOR'S REPRESENTATIVE
Jody Miller, Airport Manager , Visalia Municipal Airport, 9501 Airport Drive, Visalia, California 93277, Telephone: (559) 713-4282, Email: [email protected]

6. ATTACHMENTS
Also included in this Application are the following attachments:
► Attachment 1 - Cost Estimates
► Attachment 2 - NEPA Compliance
► Attachment 3 - Exhibit A, Property Map
► Attachment 4 - Standard DOT Title VI Assurances
► Attachment 5 - System for Award Management (SAM)
► Attachment 6 - Sponsor Certifications
462
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LEGEND

KEY YEAR DESCRIPTION
,.,, RECONSlRUCT TAXMAYS A AND MARK TfWE -NO DIRECT ACCESS TAXI• OESfGN �\,. 250 500
SCALE; 1 "=500'
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VISALIA MUNICIPAL AIRPORT

VISALIA, CALIFORNIA
2025 AIRPORT IMPROVEMENT PROGRAM

PROJECT SKETCH MAP
K
CRAWN
DATE

CHECKED
12/4/2024
TS
MSB
PROJECT No. 82.02
FLE \/1S20'25AIP
PI.AlENo.
463
ATTACHMENT 1

COST ESTIMATES

VISALIA MUNICIPAL AIRPORT

VISALIA, TULARE COUNTY, CALIFORNIA
Cost Estimates of the project are included in this attachment as follows:

Attachment 1A- Breakdown of Engineering Costs
Attachment 1 B - Breakdown of Administration Costs
Attachment 1 C - Summary of Project Costs
Also included:

Record of Negotiations and
Independent Fee Estimate (IFE)
464
ATTACHMENT NO. 1A

VISALIA MUNICIPAL AIRPORT

CITY OF VISALIA, CALIFORNIA
2025 AIRPORT IMPROVEMENT PROGRAM - DESIGN

BREAKDOWN OF ENGINEERING COSTS
Reconstruction of Taxilane A
Mark Taxiway E Connector with No Taxi Island
Environmental Document - Categorical Exclusion
NEPA Project Manager $ 5,100.00
Brandley Supervision 10% 510.00
Principal Engineer 1.25 Hrs@ 300.00 375.00
Total Environmental Documentation $ 5,985.00
Total Environmental Documentation - Use
Topographic Surveys
Topographic Surveys $ 20,045.00
Brandley Supervision 10% 2,004.50
Total Topographic Surveys $ 22,049.50
Total Topographic Surveys - Use
Geotechnical Studies
Mi)bLJization $ 2,200.00
Truck Drill - 2 Man Crew 7 Hrs@ $ 460.00 3,220.00
Per Diem - 2 Man Crew 1.5 days@ 480.00 720.00
Materials 390.00
Brandley Supervision 10% 653.00
Senior Engineer (Field) 16.0 Hrs@ 190.00 3,040.00
Senior Engineer Per Diem 1.0 day@ 233.00 233.00
Mileage 450.0 Miles@ 0.670 301.50
Geotechnical Engineer (Lab) 10.0 Hrs@ 300.00 3,000.00
Senior Engineer (Lab) 20.0 Hrs@ 180.00 3,600.00
Outside Laboratory Soils Tests 500.00
Total Geotechnical Studies $ 17,857.50
Total Geotechnical Studies - Use
Engineering Design:

Engineering Services up through Preparation of Plans, Specifications, and Reports Principal Engineer 110.0 Hrs. @ $ 300.00 $ 33,000.00
Senior Engineer 157.0 Hrs.@ 180.00 28,260.00
Junior Engineer 162.0 Hrs.@ 120.00 19,440.00
Project Administrator 51.0 Hrs. @ 100.00 5,100.00
Clerical 51.0 Hrs. @ 85.00 4,335.00
Miscellaneous - Printing, Shipping, etc. 500.00
Total Engineering Design $ 90,635.00
$ 6,000.00
22,000.00
18,000.00
Use 90,600.00
Total Engineering Fees $ 136,600.00
A
t
tachment 1 A 4121202s
465

VISALIA MUNICIPAL AIRPORT

CITY OF VISALIA, CALIFORNIA
2025 AIRPORT IMPROVEMENT PROGRAM - DESIGN

BREAKDOWN OF ADMINISTRATIVE COSTS
Reconstruction of Taxilane A
Mark Taxiway E Connector with No Taxi Island
Salaries - City of Visalia/Visalia Municipal Airport
Miscellaneous Expenses
Total Administrative Costs
Attachment 1 B
$ 4,500.00
500.00
ATTACHMENT 18
$ 5,000.00
4/2/2025
466

VISALIA MUNICIPAL AIRPORT

VISALIA, CALIFORNIA
ATTACHMENT NO. 1C
2025 AIRPORT IMPROVEMENT PROGRAM - DESIGN
Reconstruction of Taxilane A
Mark Taxiway E Connector with No Taxi Island
Engineering:

Environmental Document � Cat Ex
Topographic Surveys

SUMMARY OF PROJECT COSTS
Geotechnical Studies/Pavement Designn
Engineering Design and Preparation of Plans and Specifications Total Engineering Costs
Administration
Total Project Costs
FAA. Participation
Sponsor Participation
State Participation
Attachment 1 C
$ 6,000.00
22,000.00
18,000.00
90,600.00
$ 136,600
5,000
$ 141,600
$ 134,520
$ 354
$ 6,726
4/2/2025
467
*
Mr. Barry Franklin
Program Manager/Civil Engineer
Federal Aviation Administration
Airports District Office
2999 Oak Road, Suite 200
Walnut Creek, CA 94597
Subject: Visalia Municipal Airport
Visalia, Tulare County, California
1,c_., __
2025 Airport Improvement Program (AIP)
Reconstruction of Taxilane A
Mark Taxiway E Connector with No Taxi Island - Design
Record of Negotiations
Dear Mr. Franklin:

The City of Visalia proposes the engineering design of the Reconstruction of Taxi lane A and Mark Taxiway E Connector with No Taxi Island at Visalia Municipal Airport, Visalia, Tulare County, California, under the 2025 Airport Improvement Program (AIP) of the Federal Aviation Administration. It is proposed to utilize the services of Brandley Engineering to provide engineering services for the design of this project. The City of Visalia and Brandley Engineering entered into negotiations for the engineering fees related to this project.

The consulting firm of Brandley Engineering was selected from those consultants who submitted their qualifications, and the City of Visalia entered into an agreement with Brandley Engineering.

An independent fee estimate (IFE) for the engineering design for the subject project was prepared by Mike Porter, City Civil Engineer, for services to be provided including environmental studies (Cat Ex), topographic surveys, geotechnical studies, and engineering design and preparation of plans and specifications ready for bid. A copy of this IFE is attached.

A scope of work and fee proposal for the Engineering Design Services for the reconstruction of the Taxilane A and marking of the Taxiway E Connector with No Taxi Island has been requested from Brandley Engineering. The consultant has submitted their fee proposal for the Engineering Design Services in the amount of $136,600.

The Sponsor's Independent Fee Estimate was $122,961, which is 10% under the consultant's fee proposal. Since the IFE is within 10% of the consultant's fee proposal, the Sponsor considers this reasonable and recommends accepting the consultant's fee of $136,600. 468
The Sponsor's independent fee estimate is attached to this record of negotiation and hereby submitted to the ADO for a reasonableness of cost determination.

The analysis was conducted in good faith to ensure the fees are fair and reasonable. The procedures outlined in AC 150/5100-14 have been followed.

Respectfully.

Jody Miller
Airport Manager
469

VISALIA MUNICIPAL AIRPORT

CITY OF VISALIA, CALIFORNIA
2025 AIRPORT IMPROVEMENT PROGRAM - DESIGN

INDEPENDENT FEE ESTIMATE
Reconstruction of Taxilane A
Mark Taxiway E Connector with No Taxi Island
Environmental Document - Categorical Exclusion
NEPA Project Manager
Brandley Supervision 10%
Principal Engineer 20.00 Hrs@ 300.00
Total Environmental Documentation
To12ogra12hic Survel£S
2 Man Survey Crew 32.0 Hrs.@ $ 450.00
Brandley Supervision 10%
Total Topographic Surveys
Geotechnical Studies
Mobilization
Truck Drill - 2 Man Crew 16 Hrs@ $ 300.00
Per Diem - 3 Man Crew 2 days@ 600.00
Materials
Brandley Supervision 10%
Senior Engineer (Field) 16.0 Hrs@ 200.00
Senior Engineer Per Diem 2.0 days@ 200.00
Mileage 950.0 Miles@ 0.580
Geotechnical Engineer (Lab) 8.0 Hrs@ 150.00
Senior Engineer (Lab) 4.0 Hrs@ 175.00
Outside Laboratory Soils Tests
Total Geotechnical Studies
Engineering Design:
$ 5,000.00
500.00
6,000.00
$ 11,500.00
$ 14,400.00
1,440.00
$ 15,840.00
$ 500.00
4,800.00
1,200.00
200.00
670.00
3,200.00
400.00
551.00
1,200.00
700.00
7,100.00
$ 20,521.00
Engineering Services up through Preparation of Plans, Specifications, and Reports Principal Engineer 88.0 Hrs. @ $ 300.00 $ 26,400.00
Senior Engineer 56.0 Hrs. @ 200.00 11,200.00
Junior Engineer 100.0 Hrs.@ 150.00 15,000.00
Project Administrator 160.0 Hrs.@ 100.00 16,000.00
Clerical 80.0 Hrs.@ 75.00 6,000.00
Miscellaneous - Printing, Shipping, etc. 500.00
Total Engineering Design
Total Engineering Fees
$ 75,100.00
$ 122,961.00
03/19/2025
470
ATTACHMENT 2

NEPA COMPLIANCE

VISALIA MUNICIPAL AIRPORT

VISALIA, TULARE COUNTY, CALIFORNIA
471
0 U.S. Department
of Transportation
Federal Aviation
Administration
November 14, 2024
Jody Miller
Airport Manager
City of Visalia
9501 Airport Dr.

Visalia, CA 93227
Western-Pacific Region
San Francisco Airports District Office
1000 Marina Blvd., Suite 115
Brisbane, CA 94005-1835
Subject: Proposed Project Categorical Exclusion at Visalia Municipal Airport Dear Mr. Miller:

The Federal Aviation Administration (FAA) has reviewed the environmental information you submitted for the Proposed Taxilane A and Apron A3 Reconstruction Project at Visalia Municipal Airport, Visalia, California. The enclosed figure highlights the area of the proposed project. The FAA has determined the proposed project is Categorically Excluded pursuant to FAA Order 1050. lF as it relates to the National Environmental Policy Act of 1969, as amended (NEPA). Therefore, no further federal environmental disclosure documentation is necessary for NEPA purposes.

This letter notifies you that the proposed project has complied with NEPA only. This is not a notice of final project approval of funding availability.

If you have any questions regarding this matter, I am available at 925-546-6441, or by email at [email protected].
��o.y�
Sincerely,
Christopher D. Jones, Ph.D.

Environmental Protection Specialist
Enclosure
472
•
NORTH

VISALIA MUNICIPAL AIRPORT
City of Visalia, California
Taxiway and Apron Reconstruction
Documented Categorical Exclusion
September 2024
EXHIBIT 2
473
ATTACHMENT 3
EXHIBIT "A", PROPERTY MAP

VISALIA MUNICIPAL AIRPORT

VISALIA, TULARE COUNTY, CALIFORNIA
474
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VISALIA MUNICIPAL AIRPORT
EXHIBIT "A" AIRPORT PROPERTY

INVENTORY
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475
ATTACHMENT 4

STANDARD DOT TITLE VI ASSURANCES

VISALIA MUNICIPAL AIRPORT

VISALIA, TULARE COUNTY, CALIFORNIA
476
ATTACHMENT NO. 4

STANDARD DOT TITLE VI ASSURANCES
The Citv of Visalia (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, b e excluded from participation in, be denied the benefits of, or b e otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that:

1. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations.

2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations.

3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith.

4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property.

5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties:
(a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and
(b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project.

6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods:
(a) The period during which the property is used for a pupose for which Federal financial assistance is extended, or for another purpose involving the provision of similar servic,:s or benefits; or (b) The period during which the Sponsor retains ownership or possession of the property.

7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other spo? sors,
.
subgrantees,
contractors, subcontractors, transferees, successors in interest, and other participants of Fede� al financ1� assistance under
such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance.

8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance.
477
THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor.

DATED __ :f__,__l ___ t::"-----

CITY OF VISAIJA
(Sponsor)
478
STANDARD DOT TITLE VI ASSURANCES 8/29/96

CONTRACTOR CONTRACTUAL REQUIREMENTS
ATTACHMENT 1
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
l. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance. In the event of the contractor's non-compliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part.

6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 479
STANDARD DOT TITLE VI ASSURANCES 8/29/96

CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR

INSTRUMENTS
ATTACHMENT 2
The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5( a) and 5(b ).

1. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this ( deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended.

2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 480

ATTACHMENTS

SYSTEM FOR AWARD MANAGEMENT (SAM)

VISALIA MUNICIPAL AIRPORT

VISALIA, TULARE COUNTY, CALIFORNIA
481
Last 11pdated by Melody Murch on Jan 06, 2025 at 12:18 PM JJlSAM*GOV1

VISALIA, CITY OF (INC)
Unique Entity ID
VNUTNKQPF423
Registration Status
Active Registration
Physical Address
425E Oak AVE
Visalia, California 93291-5035
United States
Doing Business as
(blank)
Congressional District
California 21
Registration Dates
Activation Date
Jan 7, 2025
Entity Dates
Entity Start Date
Feb 27, 1874
Immediate Owner
CAGE
(blank)
Highest Level Owner
CAGE
(blank)
Executive Compensation

CAGE/NCAGE
3PBJ6
Expiration Date
Jan 6, 2026
Mailing Address
707 W Acequia
Visalia, California 93291-6127
United States
Division Name
{blank)
State I Country of Incorporation
{blank) / {blank)
Submission Date
Jan 6, 2025
Fiscal Year End Close Date
Jun 30
Legal Business Name
(blank)
Legal Business Name
{blank)
Purpose of Registration
All Awards
Division Number
(blank)
URL
http://www.visalia.city
Initial Registration Date
Jan 6, 2004

VISALIA, CITY OF (INC)
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.

Proceedings Questions
Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions.

Active Exclusions Records?
No
I authorize my entity's non-sensitive information to be displayed in SAM public search results:

Yes
Business Types
Entity Structure
U.S. Government Entity
Profit Structure
{blank)
Jan 08, 2025 05:53:00 PM GMI'
https:/lsam.govlentity!VNUTNKQPF423/coreData?status=null Entity Type
US Local Government
Organization Factors
(blank)
Page I o/2 482
Last updated by Melody Murch on Jan 06. 2025 at 12:18 PM VISALJA, CJTY OF (INC) Socio-Economic Types
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration.

Government Types
U.S. Local Government
Municipality
Accepts Credit Card Payments
Yes
EFT Indicator
0000
Electronic Business

9. MELODY MURCH

JASON MONTGOMERY
Government Business

9. CARMEN QUEVEDO

RENEE NAGEL
NAICSCodes
Primary
Yes
NAICS Codes
488190
485999
Debt Subject To Offset
No
CAGE Code
3PBJ6
707 W Acequia AVE
Visalia, California 93291
United States
707 West Acequia
Visalia, California 93291
United States
425 E Oak AVE
Visalia, California 93291
United States
707 W Acequia
Visalia, California 93291
United States
This entity does not appear in the disaster response registry.

Jan 08. 2025 05:53:00PMGMT
https:!l.,am.govlentity/VNVTNKQPF423/coreData?status=null NAICS Title
Other Support Activities For Air Transportation
All Other Transit And Ground Passenger Transportation

Page 2 ends

ATTACHMENT 6

SPONSOR CERTIFICATIONS

VISALIA MUNICIPAL AIRPORT

VISALIA, TULARE COUNTY, CALIFORNIA
This attachment consists of the following Sponsor Certifications:

Drug-Free Workplace
Selection of Consultants
Project Plans and Specifications
Potential Conflicts of Interests
484
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-130, Drug-Free Workplace - Airport Improvement Program Sponsor Certification
Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid 0MB Control Number. The 0MB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

FM Form 5100-130
485
., U.S. Department of Transportation
t°e,' Federal Aviation Administration
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Drug-Free Workplace
Airport Improvement Program Sponsor Certification
Sponsor: City of Visalia
Airport: Visaliia Municipal Airport
Project Number: AIP 3-06-0271_-2025
Description of Work: Design - Reconstruction of Taxilane A, Mark Taxiway E Connector with No Taxi Island Application
49 USC § 4 7105( d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug-free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug-Free Workplace Act of 1988.

Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis.

1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). 181 Yes □ No □ N/A

2. An ongoing drug-free awareness program (2 CFR § 182.215) has been or will be established prior to commencement of project to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The sponsor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
181 Yes □ No □ N/A
FAA Form 5100-130 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 3 486

3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182.210). 181Yes □ No □ N/A

4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will:
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 129Yes □ No □ N/A

5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). 129 Yes □ No □ N/A

6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted:
a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and
b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
129 Yes □ No □ N/A

7. A good faith effort will be made, on a continuous basis, to maintain a drug-free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). 129 Yes □ No □ N/A
Site(s) of performance of work (2 CFR § 182.230):

Location 1
Name of Location: Visalia Municipal Airport
Address: 9501 W. Airport Drive, Visalia, CA 93277
Location 2 (if applicable)
Name of Location: City of Visalia Offices
Address: 707 West Acequia, Visalia, CA 93291
Location 3 (if applicable)
Name of Location:

Address:

FM Form 5100-130 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 3 487
Attach documentation clarifying any above item marked with a "No" response.

Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete.

Executed on this day of
Name of Sponsor: City of Visalia
Name of Sponsor's Authorized Official: Jody Miller
Title of Sponsor's Authorized Official: Airport Manager lbJ�� Signature of Sponsor's Authorized Official: ---e-�----------------- I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False Statements) and could subject me to fines, imprisonment, or both.

FM Form 5100-130 (2/24) SUPERSEDES PREVIOUS EDITION Page 3 of 3 488
U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-134, Selection of Consultants - Airport
Improvement Program Sponsor Certification
Paperwork Reduction Act Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid 0MB Control Number. The 0MB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

FAA Form 5100-134
489
•"' U.S. Department of Transportation
l'.,- Federal Aviation Administration
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Selection of Consultants
Airport Improvement Program Sponsor Certification
Sponsor: City of Visalia
Airport: Visalia Municipal Airport
Project Number: AIP 3-06-0271-_-2025
Description of Work: Design - Reconstruction of Taxilane A, Mark Taxiway E Connector with No Taxi Island Application
49 USC§ 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications-based procedures provided they are equivalent to standards of Title 40 chapter 11 and FM Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.

1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)). !&)Yes □ No □ N/A

2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.319).
!&)Yes O No □ N/A

3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request-forqualifications (RFQ) from competing for the advertised services (2 CFR § 200.319). 18)Yes □ No ON/A
FAA Form 5100-134 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 3 490

4. The advertisemen! describes or will describe specific project statements-of-work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319). 181 Yes □ No □ N/A

5. Sponsor has publicized or will publicize a RFQ that:
a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)). 181Yes □ No □ N/A

6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)). 18)Yes □ No □ N/A

7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR §180.300).
18)Yes □ No □ N/A

8. A/E services covering multiple projects: Sponsor has agreed to or will agree to:
a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 150/5100-14); and
b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14).
181Yes □ No □ N/A

9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323). 181Yes □ No □ N/A

10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). 18)Yes □ No □ N/A

11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)).

IE)Yes □ No □ N/A

12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix 11) 181Yes □ No □ N/A
FAA Form 5100-134 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 3 491

13. For contracts that apply a time-and-material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish:
a. Justification that there is no other suitable contract method for the services (2 CFR §200.318(j));
b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.3180)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.3180)). [g]Yes □ No □ N/A

14. Sponsor is not using or will not use the prohibited cost-plus-percentage-of-cost (CPPC) contract method. (2 CFR § 200.323(d)).
181 Yes □ No □ N/A
Attach documentation clarifying any above item marked with "no" response.

I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False Statements) and could subject me to fines, imprisonment, or both.

Executed on this day of
Name of Sponsor: City of Visalia
Name of Sponsor's Authorized Official: Jody Miller
Title of Sponsor's Authorized Official: Airport Manager Signature of Sponsor's Authorized Official: -----+dt:==----11----------------- 1 declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False Statements) and could subject me to fines, imprisonment, or both.

FAA Form 5100-134 (2/24) SUPERSEDES PREVIOUS EDITION Page 3 of 3 492
0 U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-132, Project Plans and Specifications -Airport Improvement Program Sponsor Certification
Paperwork Reduction Act Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid 0MB Control Number. The 0MB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

FM Form 5100-132
493
•"' U.S. Department of Transportation
{.,. Federal Aviation Administration
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Project Plans and Specifications
Airport Improvement Program Sponsor Certification
Sponsor: City of Visalia
Airport: Visalia Municipal Airport
Project Number: AIP 3-06-0271-_-2025
Description of Work: Design - Reconstruction of Taxilane A, Mark Taxiway E Connector with No Taxi Island Application
49 USC§ 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Labor (www.dol.gov/). AIP Grant Assurance C.1-General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement.

1. The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA-accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC§ 47105). �Yes O No ON/A

2. Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR §200.319).
�Yes O No ON/A
FAA Form 5100-132 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 3 494

3. The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA (14 USC§ 47107).
181 Yes □ No □ N/A

4. Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications (FAA Order 5100.38, par. 3-43). □ Yes □ No 181 N/A

5. The specification does not use or will not use "brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100.38, Table U-5).
181 Yes □ No □ N/A

6. The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR §200.319{b) and FAA Order 5100.38, Table U-5). 181 Yes □ No □ N/A

7. The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR §319(d)). 181 Yes □ No □ N/A

8. Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)). 181 Yes □ No □ N/A

9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 5100.38, par. 3-57). 181 Yes □ No □ N/A
1 O. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). 181 Yes □ No □ N/A

11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR § 41.120. (FAA Order 5100.38d, par. 3-92)
□ Yes □ No 181 N/A

12. The project specification include or will include process control and acceptance tests required for the project by as per the applicable standard:
a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10. 181 Yes □ No □ N/A
FAA Form 5100-132 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 3 495
b. Snow Removal Equipment as contained in AC 150/5220-20. □ Yes □ No Qg N/A
c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. □ Yes □ No Qg N/A

13. For construction activities within or near aircraft operational areas(AOA):
a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming to Advisory Circular 150/5370-2.
b. Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement.
c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100.38, Par. 5-29).

Qg Yes □ No □ N/A

14. The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1) and FAA Order 5100.38d, par. 3-100).

Qg Yes □ No □ N/A
Attach documentation clarifying any above item marked with "No" response.

Executed on this day of
Name of Sponsor: City of Visalia
Name of Sponsor's Authorized Official: Jody Miller
Title of Sponsor's Authorized Official: Airport Manager Signature of Sponsor's Authorized Official: ---.-(_}- __ �--------------- I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False Statements) and could subject me to fines, imprisonment, or both.

FM Form 5100-132 (2/24) SUPERSEDES PREVIOUS EDITION Page 3 of 3 496
0 U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-135, Certification and Disclosure Regarding Potential Conflicts of Interest - Airport Improvement Program Sponsor Certification
Paperwork Reduction Act Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid 0MB Control Number. The 0MB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

FAA Form 5100-135
497
•--- U.S. Department of Transportation
t.,- Federal Aviation Administration
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification
Sponsor: City of Visalia
Airport: Visalia Municipal Airport
Project Number: AIP 3-06-0271-_-2025
Desc
ription of Work: Design - Reconstruction of Taxilane A, Mark Taxiway E Connector with No Taxi Island Application
Title 2 CFR § 200.112 and§ 1201.112 address Federal Aviation Administration (FM) requirements for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FM policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award:
a) The employee, officer or agent,
b) Any member of his immediate family,
c) His or her partner, or
d) An organization which employs, or is about to employ, any of the above.

Selecting "Yes" represents sponsor or sub-recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub-recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance.

Certification Statements

1. The sponsor or sub-recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200.318(c)). To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub-recipient's officers, employees, or agents, or by contractors or their agents.
129Yes D No
FAA Form 5100-135 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 2 498

2. The sponsor's or sub-recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements (2 CFR § 200.318(c)).
(8) Yes D No

3. The sponsor or sub-recipient certifies that is has disclosed and will disclose to the FM any known potential conflict of interest (2 CFR § 1200.112). (8) Yes D No
Attach documentation clarifying any above item marked with "no" response.

Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete.

Executed on this day of
Name of Sponsor: City of Visalia
Name of Sponsor's Authorized Official: Jody Miller
Title of Sponsor's Authorized Official: Airport Manager Signature of Sponsor's Authorized Official: __ __,,__,,__ ·�_______________ _ I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC§ 1001 (False Statements) and could subject me to fines, imprisonment, or both.

FAA Form 5100-135 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 2 499
500
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0325 Agenda Date: 8/4/2025 Agenda #: 9.

Agenda Item Wording:

Authorization for Payment to the California Vanpool Authority (CalVans) - Authorize the payment of CalVans invoices for the Visalia Transit contributions to the Authority’s vanpool program.

Prepared by:

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

Staff recommends that the City Council authorize the payment of past due invoices to the California Vanpool Authority (CalVans) totaling $130,200 and authorize the continued payment of monthly invoices until a new contract has been awarded (no later than Dec. 31, 2025) or a Request for Proposals (RFP) is released to the public and a contract issued based on the RFP by June 1, 2026.

Summary:

In May 2016, the City of Visalia entered into a five-year Agreement with the California Vanpool Authority (CalVans), which expired in May 2021. At its meeting on April 14, 2023, the City Council approved entering into a one-year Agreement, which expired in May 2024. In between May 2021 and April 14, 2024, the City operated under a month-to-month agreement, which was due to ongoing discussions with the Tulare County Regional Transit Agency (TCRTA) regarding a joint procurement that has not yet resulted in any actions from either party.

Staff is seeking authorization to approve payment for services rendered for the period of May 2024 through current to remain as contributors to the CalVans vanpool program.

History: CalVans is a Joint Power Authority (JPA) public transportation agency, sponsored by the California Vanpool Authority, with membership of fourteen (14) Municipal Planning Organizations across the state of California, including the Tulare County Association of Governments (TCAG).

CalVans offers employers and their employees a reliable, cost-effective, alternative mode of transportation to the single occupant vehicle (SOV) in areas or on routes that are not efficiently served by public transit. Typically, this is for groups of employees that work for the same employer or employer location and usually travel across city and county lines. CalVans provides the vehicle, maintenance, fuel, and insurance as a turnkey operation. Riders pay a flat fee for an 8-, 10-, or 12- passenger van; and one, or more, employees are certified as the driver.

Transit agencies located in an Urbanized Area (UZA) receive a Federal Transit Administration (FTA) Section 5307 apportionment based on its annual reporting into the National Transit Database (NTD) system. This reporting includes how far transit vehicles travel, how long they spend traveling, how many riders are carried, and the cost to provide the service. Generally, the larger the system, the more Section 5307 funds are received. Transit agencies outside of a UZA, but serving the UZA area, may also report passenger data related to trips that began or ended in the UZA. Vanpool trips are an Visalia City Council Page 1 of 3 Printed on 8/1/2025
powered by Legistar™501
File #: 25-0325 Agenda Date: 8/4/2025 Agenda #: 9.
example of a type of transit trip that may contribute substantial ridership data to a UZA. The reporting of the trips is done by the vanpool provided on behalf of the UZA. These Section 5307 funds generated by the additional reporting stay with the transit agency serving the UZA, it does not return to the agency that reported the passenger data. The reported miles do not impact the Section 5307 apportionment for two (2) years, i.e. the FY 2024-25 miles will count towards FY 2027-28.

CalVans has been reporting these miles on behalf of Visalia Transit for several years, which has resulted in an increase in Section 5307 federal transit funding. Based on the example provided by CalVans with the 2016 agreement, the Visalia UZA, with a total subsidy of $450,000, would receive an additional $1,476,444 in Section 5307 federal funds annually. Over the last several years, based on the 2016 numbers, Visalia Transit has received an estimated $635,110 annually in additional Section 5307 federal funds with an average annual subsidy paid of $193,573, less than the not to exceed amount of $300,000 previously authorized by Council. Increasing the number of vanpools results in a corresponding increase in Section 5307 federal transit funds.

Background Discussion:

The payment of invoices have been delayed while staff explores options for renewing the agreement, whether it be through a current sole source or through the Request for Proposals process. At this time, staff is attempting to verify if there are other qualified vendors in the vanpool industry, the purchasing requirements of the Federal agency, and whether this service should be a sole source to CalVans or some other agency. Staff will be returning to Council to award a contract by December 31,2025 if it can be sole sourced, or by June 1, 2026 if an RFP is required.

Fiscal Impact:

The funding for this contracted service is an ongoing operation cost for the Transit Division budgeted under 4551-55375. This account is budgeted at $132,000 for Fiscal Year 2024-25. To date, there are sufficient funds available to pay the costs through Fiscal Year 2024-25, and any new expenses will be funded in the current fiscal year (FY 25/26). Based on the calculation provided by CalVans in 2016, this will have a $984,296 maximum positive fiscal impact resulting from a total subsidy of $300,000.

The funding source that has benefited from Visalia Transit participating in this program is the Section 5307 federal transit grant funds which is used to pay the Operations and Maintenance contract. The more money the City receives for operations means less funds spent from Local Transportation Funds that can be set aside for other City projects.

Prior Council Action:
2016 - Agreement for Services
2019 - Agreement for Services Amendment No. 1
April 17, 2023 - Agreement for Services
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

I move to authorize the payment of past due invoices to the California Vanpool Authority (CalVans) Visalia City Council Page 2 of 3 Printed on 8/1/2025
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File #: 25-0325 Agenda Date: 8/4/2025 Agenda #: 9.
totaling $130,200 and authorize the continued payment of monthly invoices through December 31, 2025 or the issuance of a new contract, whichever comes first, or through June 1, 2026 if a Request for Proposals is required.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 8/4/2025
Attachments:

1. Agreement for Services - May 24, 2023

2. City Council Agenda Staff Report - April 17, 2023

3. Agreement Amendment No. 1 - December 17, 2019

4. Agreement for Services - May 3, 2016
Visalia City Council Page 3 of 3 Printed on 8/1/2025
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AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into this 24th day of May, 2023, by and between the City of Visalia (hereinafter referred to as "VISALIA" or “CLIENT”) and the California Vanpool Authority (CalVans) (hereinafter referred to as "CONTRACTOR").

W I T N E S S E T H
WHEREAS, VISALIA is the recipient of additional Federal 5307 funds through the reporting efforts of CalVans for vanpool trips that travel to or from the Visalia UZA, it is the desire of both parties to encourage local participation in the CalVans program so as to increased 5307 funding to VISALIA; and
WHEREAS, VISALIA is committed to encouraging increased vanpool use in Tulare County through the financial support of vanpool groups traveling to or from Tulare County; and
WHEREAS, CONTRACTOR is qualified and experienced and has necessary technical and personnel resources to provide such services for the provision of vanpool services; and

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

1. SCOPE OF WORK
A. CONTRACTOR shall perform those services described in the “Project Tasks/Services, Timeline and Budget,” Exhibit A attached hereto and incorporated herein by this reference and shall comply with all relevant conditions as set forth in the AGREEMENT.

B. Time is of the essence in this Agreement.

C. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.

2. TERM
A. The term of this Agreement shall be from the date of its execution until the completion of the work contemplated by this Agreement and its final acceptance by VISALIA unless terminated earlier as provided herein.

CONTRACTOR shall complete all tasks on or before May 24, 2024, unless otherwise extended by written authorization and not to exceed a total of five years.

B. Services performed under this Agreement shall commence only upon written Notice to Proceed by VISALIA to CONTRACTOR.
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This Agreement includes the following Exhibits:

Exhibit A. Project Tasks/Services, Timeline, and Budget Exhibit B. Debarment and Suspension Certification
Exhibit C. Federal Tax Form W-9, Request for Taxpayer
Identification Number and Certification

3. COORDINATION/STAFFING
A. CONTRACTOR shall assign CalVans Director as Project Manager to personally participate in said project. VISALIA also retains the right to approve any substitution of the Project Manager. No portion of the work included in this Agreement shall be subcontracted, except as provided herein, without the prior, written authorization of VISALIA.

B. Services described in the Scope of Work shall be performed by CONTRACTOR’s staff, Subcontractor(s) or other members of the project team, hereinafter referred to as “Subcontractor(s),” listed in the “Project Tasks/Services, Timeline, and Budget,” Exhibit A, attached hereto and incorporated by this reference.

4. COMPENSATION
VISALIA shall pay CONTRACTOR a firm fixed fee as shown in Exhibit A of THREE HUNDRED AND NO/100 DOLLARS ($300.00) per
vanpool per month for each reported vanpool operation. In no event shall total compensation exceed $300,000 (THREE HUNDRED THOUSAND AND NO HUNDRED AND NO/100 DOLLARS) annually, for the term of one-year or the subsequential four one-year options.

5. INVOICING
A. Invoices for services must be presented to VISALIA quarterly no later than the fifteenth day of the month for the month prior.

CONTRACTOR shall submit an invoice to VISALIA stating the amount due for such services on a monthly basis throughout the duration of the project. Said monthly invoicing shall reflect the task worked on, the percentage of the task completed, and the total dollar amount for the task in comparison to the invoiced amount based upon the percentage of the task then completed. VISALIA shall reimburse the CONTRACTOR as promptly as its fiscal procedures permit, upon 505

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receipt of itemized invoices submitted in accordance with this Agreement. Payment of the invoices will be made to CONTRACTOR after acceptance and approval by VISALIA. Such reimbursements shall be based upon actual eligible costs incurred by the CONTRACTOR consistent with the “Project Tasks/Services, Timeline, and Budget,” Exhibit A. No interest or carrying changes shall accrue to CONTRACTOR by reason of delayed payment.

B. Invoicing Format and Content: All invoices submitted to VISALIA for payment shall be sent directly to:

City of Visalia
ATTN: Transit Manager
425 E. Oak Ave., Suite 301
Visalia, CA 93291

1. The invoice shall be entitled “Invoice” or otherwise clearly identify that the document is an Invoice, and shall contain the following information:
i. VISALIA’s “Bill To” information as stated in the above paragraph;
ii. Invoice number and/or billing number specified by
CONTRACTOR. The invoice number must be unique for
each invoice submitted;
iii. Invoice date;
iv. Billing period specified with beginning and ending dates.

The beginning date must not be sooner than the Notice to Proceed date of the Agreement, or within any previous
billing dates;
v. Total amount due for the billing period;
vi. Total Contract Value; and
vii. VISALIA Project Manager

5. AGREEMENT COMPLETION RETAINER
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No retainage will be held by VISALIA from progress payments due to CONTRACTOR.

6. SATISFACTORY PERFORMANCE
Payment for services under this Agreement is contingent upon VISALIA’s determination that the performance of the CONTRACTOR has been satisfactory.

7. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall vest with VISALIA.

8. ADDITIONAL SERVICES
CONTRACTOR may be requested to perform additional services beyond the original Scope of Services. Such work may be undertaken only upon prior written authorization of VISALIA based upon an agreed amount of compensation.

9. NOTICES
Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):

VISALIA: City of Visalia Transit Manager
425 E. Oak Ave., Suite 301
Visalia Ca 93291
CONTRACTOR: Georgina Landecho, Executive Director
11050 13th Ave.

Hanford, CA 93230
Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to either of the parties, CONTRACTOR or VISALIA, to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CONTRACTOR or to VISALIA at the addresses set forth above.
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Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.

10. AGREEMENT CONTAINS ALL UNDERSTANDINGS:

AMENDMENT
A. This document represents the entire and integrated Agreement between VISALIA and CONTRACTOR, and supersedes all prior negotiations, representations and agreements, either written or oral.

B. Any modification or amendment to this Agreement must be in writing.

C. Neither VISALIA nor CONTRACTOR shall be deemed to have waived any obligation of the other, or to have agreed to any modification to this Agreement unless it is in writing, and signed by the party giving the waiver.

12. SEVERABILITY
A. If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

13. TERMINATION
A. Termination of Convenience of VISALIA
VISALIA may terminate this Agreement at any time by giving notice to the CONTRACTOR of such termination (including the effective termination date) at least sixty (60) calendar days before the effective date of such termination. If this Agreement is terminated by VISALIA, as provided herein, VISALIA’s only obligation shall be the payment of fees and expenses incurred prior to the termination date, for work deemed satisfactory to VISALIA, in accordance with the cost provisions of this Agreement.

B. Termination for Cause
If through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONTRACTOR violates any of the covenants, terms, or stipulations of this Agreement, VISALIA shall thereupon have the right to terminate the Agreement by giving not less than ten (10) working days written notice to the CONTRACTOR of the intent to terminate and specifying the effective date thereof. In such event, only 508

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vanpool subsidies billed will be honored, any unbilled subsidies shall not be honored.

14. RECORDS RETENTION AND AUDITS
CONTRACTOR shall maintain adequate records of contract performance costs, expenses, etc., and make these records available for inspection, audit, and copying by VISALIA and CONTRACTOR’s principal place of business during the agreement period and for a period of three (3) years from the date of final payment, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until VISALIA, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR

18.39(i)(11).

15. SUBCONTRACTING
In accordance with Government Code Section 7550, CONTRACTOR agrees to state in a separate section of any filed report the numbers and dollars amounts of all contracts and subcontracts relating to preparation of the report.

16. ASSIGNMENT
The Agreement shall not be assigned by the CONTRACTOR, in whole or in part, without the prior written consent of VISALIA. Any purported assignment or delegation of performance in violation of this provision is void. Subject to the foregoing this Agreement is binding and shall inure to the benefit of the successors and assigns of the parties to this Agreement.

17. INDEMNIFICATION
In no event shall VISALIA, their officers, employees and agents be liable for incidental, indirect, special or consequential damages, lost profits, savings, revenues, lost data, downtime, accidents, death, injury, dismemberment, and other losses whether or not VISALIA, their officers, employees and agents have been advised of the possibility of such damages.

To the full extent permitted by law, CONTRACTOR shall indemnify, hold harmless, release and defend VISALIA, their officers, employees and agents from and against any and all actions, claims, demands, damages, disability, 509

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losses, expenses including attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including CONTRACTOR and vanpool users, in whole or in part, arising out of Contractor’s activities hereunder, including the activities of other persons employed or utilized by CONTRACTOR in the performance of this Agreement (including design defects and regardless of VISALIA's approval, use or acceptance of the work or work product hereunder) excepting liabilities due to the admitted or adjudicated sole negligence or willful misconduct of VISALIA. If the adjudicated or admitted sole negligence or willful misconduct of VISALIA has contributed to a loss, CONTRACTOR shall not be obligated to indemnify VISALIA for the proportionate share of such loss caused by such sole negligence or willful misconduct. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for CONTRACTOR under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by CONTRACTOR and shall continue to bind the parties after termination/completion of this Agreement.

18. INSURANCE/NOTIFICATION
Prior to the beginning, and throughout the duration, of the work, CONTRACTOR will maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to VISALIA.

CONTRACTOR is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits as specified below. Certificates of insurance shall be provided to VISALIA prior to commencement of work by CONTRACTOR. CONTRACTOR agrees to indemnify, protect, defend and name VISALIA, its public officials, officers and employees as additional insured on the Commercial General Liability and Business Auto Insurance and hold harmless from any loss, damage or liability arising directly from any negligent act or omission by CONTRACTOR.

CONTRACTOR shall not be responsible for any loss, damage or liability arising from any act or omission by VISALIA, its officials, officers or employees.
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CONTRACTOR shall provide the following types and amounts of insurance:

A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregates.

B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses.

C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR'S employees use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person.

D. Errors and Omissions Liability CONTRACTOR shall provide evidence of professional liability insurance on a policy form appropriate to Contractor’s profession. Limits shall be no less than $1,000,000/claim.

E. Certificate of Insurance CONTRACTOR shall file a certificate of insurance completed and filed with VISALIA within fifteen (15) days of execution of this Agreement and prior to engaging any operation or activities set forth in this Agreement. The foregoing policies shall provide that no cancellation, major change in coverage or expiration by insurance company or insured during the term of this contract shall occur without thirty (30) days written notice to VISALIA prior to the effective date of such cancellation or change in coverage.

F. All such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of two (2) years after completion of the contract.

G. The Commercial General Liability and Business Auto insurance policies shall provide an endorsement naming VISALIA, its officers, agents, employees and volunteers as Additional Insured, and shall further provide that such insurance is primary insurance to any insurance or self-insurance maintained by VISALIA and that the 511

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insurance of the Additional Insured shall not be called upon to contribute to a loss covered by the insurance VISALIA.

19. CONFLICT OF INTEREST
CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed.

20. STATEMENT OF ECONOMIC INTEREST
If VISALIA determines CONTRACTOR comes within the definition of CONTRACTOR under the Political Reform Act (Government Code §87100), CONTRACTOR shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with VISALIA disclosing CONTRACTOR and/or such other person's financial interests.

21. MERGER
This Agreement shall constitute the entire Agreement between the parties and shall supersede any previous agreements, whether verbal or written, concerning the same subject matter. No modification of this Agreement shall be effective unless and until evidence by a writing is signed by both parties.

22. DEFAULT
If CONTRACTOR should fail to perform any of his obligations hereunder, within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, VISALIA may terminate this Agreement by giving CONTRACTOR written notice of such termination, stating the reason for such termination. In such event, CONTRACTOR shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the agreement as the services satisfactorily rendered hereunder by CONTRACTOR bear to the total services otherwise required to be performed for such total fee; provided, however, that VISALIA may withhold payments not yet made to CONTRACTOR for the purpose of setoff until such time as the exact amount of damages due VISALIA from CONTRACTOR is determined.
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23. NO WAIVER OF BREACH/ TIME
The waiver by VISALIA of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder.

24. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties.

25. ATTORNEYS’ FEES, APPLICABLE LAW AND FORUM
In the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs as part of such action or proceeding, whether or not such action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted according to California law, and any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Tulare.

26. INDEPENDENT CONTRACTOR
The parties intend that CONTRACTOR, in performing the services specified herein, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. CONTRACTOR is not to be considered an agent or employee of VISALIA and is not entitled to participate in any pension plan, insurance, bonus or similar benefits VISALIA provides its employees. In the event VISALIA exercises its right to terminate this Agreement, CONTRACTOR expressly agrees that he/she shall have no recourse nor right of appeal under rules, regulations, ordinances or laws applicable to employees.

27. TAXES
CONTRACTOR agrees to file tax returns and pay all applicable taxes on amounts paid pursuant to this Agreement and shall be solely liable and 513

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responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes. CONTRACTOR agrees to indemnify and hold VISALIA harmless from any liability which it may incur to the United States or to the State of California as a consequence of CONTRACTOR’S failure to pay, when due, all such taxes and obligations.

28. FEDERAL TAX FORMS
Prior to issuing the initial claim under this Agreement, the CONTRACTOR shall submit Federal Tax Form W-9, Request for Taxpayer Identification Number and Certification to the following address:

City of Visalia
ATTN: Transit Manager
425 E. Oak Ave., Suite 301
Visalia, CA 93291
or by FAX to: (559) 713-4815. Unless VISALIA receives a completed Tax Form W-9, payments for services performed under this AGREEMENT shall be subject to federal backup withholding.

29. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS
A. CONTRACTOR shall study and comply with all applicable federal, state and local laws, rules and regulations affecting the CONTRACTOR and his/her work hereunder. CONTRACTOR represents and warrants to VISALIA that CONTRACTOR has and will keep in effect during the term of this Agreement all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONTRACTOR to practice Contractor’s profession and to do the work hereunder.

B. CONTRACTOR agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all employees of CONTRACTOR performing any services under this Agreement have a legal right to work in the United States of America, that all required documentation of such right to work is inspected, and that INS Form 1-9 (as it may be amended from time to time) is completed and on file for each employee. CONTRACTOR shall make the required documentation available upon request to VISALIA for inspection.

30. INTERPRETATION
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Notwithstanding the fact that one or more provisions of this Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be interpreted as though they were a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

31. National Transit Database (NTD)
CONTRACTOR shall report all required NTD data in the annual NTD reporting system and provide Visalia a copy of each annual report submitted.

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

VISALIA:

Signature: _____________________________
Name:

Title:

City of Visalia
CONTRACTOR:

Signature: _____________________________
Name:

Title:

California Vanpool Authority
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Exhibit A. included in this Agreement as a sample.

Complete Exhibit A. for each individual vanpool and attach to Agreement.

EXHIBIT A. PROJECT TASKS/SERVICES, TIMELINE,

AND BUDGET
WHEREAS, VISALIA has entered into an Agreement dated May 24, 2023, with the California Vanpool Authority d.b.a. CalVans (hereinafter referred to as "Contractor"), for the purpose of the following:

1. Contractor shall perform all activities and work necessary to start and administer a vanpool passenger incentive for Vanpool #s _____, including provision of vanpool services. VISALIA has assigned the above vanpool identification number upon receiving and approving a vanpool start application filed by Contractor. Vanpool #s ___ (hereinafter referred to as "Vanpool"), consists of a minimum of six (6) vanpool passengers travelling from or to Tulare County.

2. Contractor agrees to furnish all labor, materials, equipment, licenses, permits, fees, and other incidentals necessary to perform and complete, per schedule, in a professional manner, the services described herein.

3. VISALIA will provide a monthly financial incentive for up to $300.00 (THREE HUNDRED AND NO/100 DOLLARS) per month to support the operation of Vanpool. The total annual amount of the financial incentive is not to exceed $3,600 (THREE THOUSAND AND SIX HUNDRED AND NO/100 DOLLARS) per vanpool.

4. Each Vanpool will transport employees/agricultural employees/college students between their place of residence and place of employment/college for their daily commute. The financial incentive provided by VISALIA will be used by Contractor to encourage commuters to form or join a Vanpool.

5. Contractor shall provide VISALIA with monthly and Annual Reports.

6. Contractor shall collect daily, and report in the Quarterly Reports, monthly information about the following measurements:
a. Number of riders and full names of riders in vanpool b. Daily distance traveled by vanpool
c. Daily distance traveled by each rider
d. Monthly distance traveled by vanpool
e. Calculated vehicle miles traveled (VMT) produced by vanpool each month.

7. Contractor will request subsidy reimbursements monthly and support each request by a Monthly Report. VISALIA will process the Contractor’s incentive invoice payments at least quarterly.

8. VISALIA will retain the right to request mileage and vanpool operational information after the subsidy completion date.

9. Contractor will secure and report to VISALIA vanpool user fees from vanpool riders receiving a financial incentive.

10. Contractor shall affix decal on vanpool denoting “Funded in part by a grant from the City of Visalia.” VISALIA shall supply decals to Contractor.

Contractor will provide photo documentation of vanpool showing decal. 516

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CONTRACT DELIVERABLES

1. Interim progress report on a monthly basis

2. Annual report at the end of the first project year, if project continues for more than twelve (12) months

3. Final report
VISALIA:

Signature: _____________________________
Name: Title:

City of Visalia (VISALIA)
CONTRACTOR:

Signature: _________________________________
Name: Georgina Landecho Title: Executive Director, California Vanpool Authority End of Exhibit A.
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EXHIBIT B. DEBARMENT AND SUSPENSION

CERTIFICATION
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TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

DEBARMENT AND SUSPENSION CERTIFICATION

1. All persons or firms, including Subcontractor(s), must complete this certification and certify, under penalty of perjury, that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
b. Have not, within the three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of Federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses listed in subparagraph (1)(b) of this certification; and d. Have not, within the three (3) year period preceding this certification, had one or more public transactions (Federal, state, and local) terminated for cause or default.

2. If such persons or firms later become aware of any information contradicting the statements of paragraph (1), they will promptly provide that information to VISALIA.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of actions.

The certification in this clause is a material representation of fact relied upon by VISALIA. If it is later determined that the CONTRACTOR knowingly rendered an erroneous certification, in addition to remedies available to VISALIA, the Federal Government may pursue available 519

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remedies, including but not limited to suspension and/or debarment. The CONTRACTOR agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Name of Firm

Signature (original signature required)

Date
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EXHIBIT C. FEDERAL TAX FORM W-9, REQUEST

FOR TAXPAYER IDENTIFICATION NUMBER AND

CERTIFICATION
521
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: 23-0125 Version: 1
Type: Consent Item Status: Agenda Ready
File created: 3/29/2023 In control: Visalia City Council On agenda: 4/17/2023 Final action:

Title: Authorization for the City Manager to enter into an agreement with California Vanpool Authority (CalVans) to provide vanpool service on behalf of Visalia Transit for a subsidy of $300 per vanpool per month not to exceed $300,000 annually for one (1) single year term and authorize a not to exceed amount payment of $45,000 for the past four months.

Sponsors:

Indexes:

Code sections:

Attachments: 1. CalVans Agreement - Fully Executed 5.3.16.pdf, 2. CalVans Amendment to Agreement between COV and Cal Vans.pdf
Date Ver. Action By Action Result
Agenda Item Wording:

Authorization for the City Manager to enter into an agreement with California Vanpool Authority (CalVans) to provide vanpool service on behalf of Visalia Transit for a subsidy of $300 per vanpool per month not to exceed $300,000 annually for one (1) single year term and authorize a not to exceed amount payment of $45,000 for the past four months.

Deadline for Action: 4/17/2023 - Outstanding invoices that need to be paid.

Submitting Department: Administration - Transit
Contact Name and Phone Number:

Caleb Bowman, Management Analyst, [email protected], (559)713-4794 Angelina DeRossett, Transit Manager, [email protected], (559) 713-4591 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff is recommending that City Council authorize the City Manager to enter into an agreement for vanpool service between the City of Visalia and California Vanpool Authority (CalVans) for a subsidy in the amount $300 per vanpool per month not to exceed $300,000 annually for one (1) single year term. Also, staff recommends City Council authorize a not to exceed payment of $45,000 for the past four month’s invoices the City has received.

Summary:

Visalia Transit entered into a five (5) year contract with California Vanpool Authority (CalVans) in 2016 which expired in May 2021. Since 2021, Visalia Transit has been in a month-to-month contract as there were conversations with Tulare County Regional Transit Agency (TCRTA) of a joint procurement. Those conversations have not evolved into any actions on Visalia Transit’s or TCRTA’s side. Meanwhile, Visalia Transit has been operating on the month-to-month contract that needs to Visalia City Council Page 1 of 4 Printed on 7/24/2025
powered by Legistar™522
File #: 23-0125, Version: 1
side. Meanwhile, Visalia Transit has been operating on the month-to-month contract that needs to cease. While Visalia Transit staff develops a Request for Proposals (RFP) to award a five-year contract, Staff is seeking authorization to enter into a contract with CalVans for a one-year term and authorization to pay services rendered over the past four months.

Background Discussion:

History
CalVans is a Joint Power Authority (JPA) with membership from ten (10) Council of Governments, including Tulare County Association of Governments (TCAG). CalVans offers employers and their employees a reliable, cost-effective, alternative mode of transportation to the single occupant vehicle (SOV) in areas or on routes that are not efficiently served by public transit. Typically, this is for groups of employees that work for the same employer or employer location, and usually travels across city and county lines. CalVans provides the vehicle, maintenance, fuel, and insurance as a turnkey operation. Riders pay a flat fee for an 8, 10 or 12-passenger van; and one, or more, employees is certified as the driver.

Fare Structure
Currently, CalVans operates about 22 vanpools originating within Visalia city limits. Under this agreement, the City will reimburse CalVans up to $300 per month per vanpool, up to a maximum incentive of $300,000 per year. This $300 will cover an average of 20% of the cost to the vanpool rider. A typical scenario is a 12-passenger van is provided for $1,500 per month. Split 11 ways (driver goes free) comes to $136 per month per rider. If they work an average of 20 days per month, that equates to $6.82 per day or $3.41 each way. With the proposed subsidy, it would cost the rider about $2.73 per one-way trip, which equates very closely with the $1.75 bus fare on a fixed route bus, given that these vanpool trips are typically at least twice the distance.

Funding and Justification
Funding for this agreement will come from the Transit Local Transportation Funds (LTF); however, it will increase the City’s annual Federal Transit Administration (FTA) funding allocation under the current formula program by more than twice the proposed budgeted amount. Under the current federal allocation formula, derived from the National Transit Database (NTD), the miles driven by each vanpool is reported and used as one of several factors in the distribution of Urbanized Area Formula Funding program (5307) federal transit funds. The 5307 program under 49 U.S.C. Section 5307 makes Federal resources available to urbanized areas and to Governors for transit capital and operating assistance and for transportation related planning in urbanized areas. Visalia’s urbanized area (UZA) includes Tulare, Exeter, Farmersville, and Goshen categorizing it as a large UZA with a population of 200,000 or more. For large UZA’s, the formula is based on a combination of revenue vehicle miles and passenger miles as well as population and population density. Visalia Transit’s 5307 apportionment is utilized to pay its Operations & Maintenance contract by covering up to 50% of its operations and 80% of maintenance costs.

Transit agencies located in an UZA receive a 5307 apportionment based on their annual reporting into the NTD system. This reporting includes how far buses travel, how long they spend traveling, how many riders are carried and the cost to provide the service. Generally, the larger the system, the more 5307 funds are received. Transit agencies outside of a UZA, but serving the UZA area, may also report passenger data related to trips that began or ended in the UZA. Vanpool trips are an example of a type of transit trip that may contribute substantial ridership data to a UZA. The reporting of the trips is done by vanpool provided on behalf of the UZA. These 5307 funds generated by the additional reporting stays with the transit agency serving the UZA, it does not return to the agency that reported the passenger data. The reported miles do not impact the 5307 apportionment Visalia City Council Page 2 of 4 Printed on 7/24/2025
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agency that reported the passenger data. The reported miles do not impact the 5307 apportionment for two (2) years, i.e. the FY 16/17 miles will count towards the FY 19/20.

CalVans has been reporting these miles on behalf of Visalia Transit for several years, which has resulted in an increase in 5307 federal transit funding. Based on the example provide by CalVans with the 2016 agreement, the Visalia UZA with a total subsidy of $450,000, would receive an additional $1,476,444 in 5307 federal funds annually. Over the last six years, based on the 2016 numbers, Visalia Transit has received an estimated $635,110annually in additional 5307 federal funds with an average annual subsidy paid of $193,573. Much less than the not to exceed amount of $300,000 being requested by staff. Increasing the number of vanpools results in a corresponding increase in 5307 funds. Visalia Transit staff have requested updated numbers and are still waiting to receive them. If they are received prior to the April 17th meeting they will be provided to Council.

Vanpools in the Visalia area has many other benefits aside from additional federal funding, such as:
· Reducing Air Pollution
· Reducing Traffic Congestion
· Improving Access to Employment
· Increasing Safety
These are many of the same goals of public transit and this allows Visalia Transit to offer this as an additional option to operating an SOV. In addition to the vanpools operated out of Visalia, there are others operated out of the rural areas of Tulare County. These will also be included in the Visalia reported data, as they have nowhere else to be included currently. Staff recommends the City support this effort to increase the number of vanpools operating out of Visalia by entering into this agreement to incentivize that activity.

Fiscal Impact:

The funding for this contracted service is an ongoing operations cost for Transit budgeted under 4551 -55375. This line item is budgeted at $224,400 for Fiscal Year 22/23. Year-to-date, $147,750 remains for this fiscal year so there are sufficient funds available to pay the costs through this fiscal year. Based on the calculation provided by CalVans in 2016, this will have a $984,296 maximum positive fiscal impact resulting from a total subsidy of $300,000. The funding source that is benefited from Visalia Transit participating in this program is the 5307 grant which is used to pay our Operations and Maintenance contract. The more money the City receives for operations dollars means less money spent out at Local Transit Funds (LTF) that can be set aside for other City projects.

Prior Council Action:

April 16, 2016 - City Council approved the 5-year contract with CalVans.

Other:

None.

Alternatives:

Do not enter into an agreement with California Vanpool Authority (CalVans) but allow the payment of outstanding invoices year-to-date and those incurred during the next 60-day, cancelation period Visalia City Council Page 3 of 4 Printed on 7/24/2025
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required under the contract, not to exceed $80,000. This would cancel the agreement with CalVans creating a lapse in service and mileage reported on Visalia Transit’s behalf, cause a negative impact on funds Visalia Transit receives through Urbanized Area Formula Funding program 5307 apportionment until a new contract is awarded.

Recommended Motion (and Alternative Motions if expected):
.recommendation
I move to authorize the City Manager to enter into an agreement with CalVans in a not to exceed amount of $300,000 for a signal year term and authorize back payments as discussed in this report not to exceed $45,000.

Environmental Assessment Status:

None.

CEQA Review:

None required.

Attachments:
1) CalVans Agreement - Fully Executed 5.3.16
2) CalVans Amendment to Agreement between COV and CalVans Visalia City Council Page 4 of 4 Printed on 7/24/2025
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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0327 Agenda Date: 8/4/2025 Agenda #: 10.

Agenda Item Wording:

Ordinance Adoption - Second reading and adoption of Ordinance No. 2025-03, amending Visalia Municipal Code Section 5.68 “Massage Establishments” and 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.

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 City Council conduct the second reading and adopt 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.

Summary:

On July 21, 2025, the City Council held a public hearing to introduce the first reading of Ordinance No. 2025-03, amending Visalia Municipal Code Section 5.68 “Massage Establishments” and 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.

Background Discussion:

On May 19, 2025, a work session was held with the City Council to conduct a review of the current ordinance related to massage establishments. During the presentation, the City Council received a staff report, and a staff presentation on a number of changes necessary to the Massage Establishment Ordinance as well as the Zoning Ordinance that governs where massage establishments are permitted.

On July 21, 2025, the City Council held a public hearing and first reading of Ordinance No. 2025-03, amending Section 5.68 Massage Establishments and Zoning Text Amendment No. 2025-02 amending Visalia Municipal Code Title 17 (Zoning), Chapter 17.04 Definitions and Chapter 17.25 Uses in the Mised Use, Office and Industrial Zones to reflect the changes discussed during the work session.

During the First Reading, the proposed revisions were presented and the City Council voted (5-0) to introduce the first reading of Ordinance 2025-03 amending Visalia Municipal Code Section 5.68, and Title 17, Chapter 17.04 and Chapter 17.25.

The second reading of the Ordinance is the final action the City Council takes in order for the amendment of the Visalia Municipal Code to take effect. Following the second reading and Council Visalia City Council Page 1 of 2 Printed on 7/31/2025
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File #: 25-0327 Agenda Date: 8/4/2025 Agenda #: 10.
amendment of the Visalia Municipal Code to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.

Fiscal Impact: N/A
Prior Council Action:

On July 21, 2025, Council introduced Ordinance 2025-03 and Zoning Text Amendment 2025-02.

May 19, 2025, the City Council directed staff to move forward with revising Visalia Municipal Code

5.58 Massage Establishments and Visalia Municipal Code Zoning Title 17, Chapter 17.04 and Chapter 17.25.

Other:

On July 14, 2025, the Planning Commission recommended approval of Zoning Text Amendment 2025-02, to the City Council by a 4-0 vote.

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

I move to approve the second reading and adopt Ordinance No. 2025-03, amending Visalia Municipal Code.

Environmental Assessment Status: The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) which states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

CEQA Review: The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA).

Deadline for Action: N/A
Attachments: Ordinance No. 2025-03, amending Section 5.68 Massage Establishments, and Title 17 Zoning, Chapter 17.04 Definitions, and Chapter 17.25 Uses in Commercial, Mixed Use, Office and Industrial Zones.

Visalia City Council Page 2 of 2 Printed on 7/31/2025
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707 W. Acequia
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File #: 25-0326 Agenda Date: 8/4/2025 Agenda #: 11.

Agenda Item Wording:

Prezone Ordinance Adoption - Second Reading and adoption 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 conduct the second reading and adopt Ordinance No. 2025-04 for a Prezone to Annexation No. 2024-03 pertaining to the ShirkRiggin Industrial Park.

Summary:

The proposed Prezone action upon Annexation No. 2024-03 is a city-initiated request being made to confirm the zone designations of Industrial (I) and Light Industrial (I-L) for property undergoing annexation into the City limits of Visalia.

Background Discussion:

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. Shirk-Riggin Industrial Park) associated with the annexation.

The City Council held a public hearing on March 17, 2025, and approved a Resolution to initiate proceedings toward filing the annexation application with the Tulare County Local Agency Formation Commission (LAFCO). The City Council Resolution initiating the annexation proceedings, confirmed the Industrial and Light Industrial zone designations to be assigned to the property upon annexation to the City are 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 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 Visalia City Council Page 1 of 3 Printed on 7/31/2025
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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.

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.

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 July 21, 2025, the City Council held a public hearing regarding the Introduction and first Reading of Ordinance No. 2025-04. No public comment was received on the item. The item was approved by the City Council on a 5-0 vote.

The City Council had previously acted on entitlements related to the Shirk-Riggin 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 for second reading Ordinance No. 2025-04, a request by the City of Visalia to adopt a Prezone to Annexation No. 2024-03.

Environmental Assessment Status: An Environmental Impact Report was prepared for the proposed project.

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, Visalia City Council Page 2 of 3 Printed on 7/31/2025
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File #: 25-0326 Agenda Date: 8/4/2025 Agenda #: 11.

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: 8/4/2025
Attachments:

1. Ordinance No. 2025-04

2. City Council Staff Report from July 21, 2025

3. Related Plans and Policies
Visalia City Council Page 3 of 3 Printed on 7/31/2025
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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 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 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 570
ORDINANCE NO. 2025-04
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, 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 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, approved the first reading of Ordinance No. 2025-04 on July 21, 2025, and has considered the second reading of Ordinance No. 2025-04 on August 4, 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.
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ORDINANCE NO. 2025-04
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 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 2
nd 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
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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 August 4, 2025, and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated: August 4, 2025 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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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
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Legislation Details (With Text)
File #: 25-0267 Version: 1
Type: Public Hearing Item Status: Agenda Ready
File created: 6/17/2025 In control: Visalia City Council On agenda: 7/21/2025 Final action:

Title: 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).

Sponsors:

Indexes:

Code sections:

Attachments: 1. Attachment 1 Ordinance 2025-04 Prezone for Annex 2024-03, 2. Attachment 2 Staff Report - ShirkRiggin Industrial Project 3-17-2025, 3. Attachment 3 Related Plans and Policies, 4. Prezone Powerpoint - City Council
Date Ver. Action By Action Result
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 Visalia City Council Page 1 of 5 Printed on 7/18/2025
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File #: 25-0267, Version: 1
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 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.

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 Visalia City Council Page 2 of 5 Printed on 7/18/2025
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File #: 25-0267, Version: 1
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 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:

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.

Visalia City Council Page 3 of 5 Printed on 7/18/2025
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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, 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.

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
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File #: 25-0267, Version: 1

2. City Council Staff Report from March 17, 2025

3. Related Plans and Policies
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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.) 581
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; 582
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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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0328 Agenda Date: 8/4/2025 Agenda #: 12.

Agenda Item Wording:

Prezone Ordinance Adoption - Second Reading and adoption 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 conduct the second reading and adopt Ordinance No. 2025-05 for Prezone to Annexation No. 2024-05 pertaining to the Blankenship Subdivision.

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:

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.

The City Council held a public hearing on June 2, 2025, and approved a resolution to initiate proceedings toward filing the annexation application with the Tulare County Local Agency Formation Commission (LAFCO). The City Council Resolution initiating the annexation proceedings, 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 are consistent with the General Plan Land Use Map. This confirmation of zone designations was done Visalia City Council Page 1 of 3 Printed on 7/31/2025
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File #: 25-0328 Agenda Date: 8/4/2025 Agenda #: 12.
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 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.

Updating Process to Adopt a Specific Zoning Amendment Ordinance:

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 July 21, 2025, the City Council held a public hearing regarding the Introduction and first Reading of Ordinance No. 2025-05. No public comment was received on the item. The item was approved by the City Council on a 5-0 vote.

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 second 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 Visalia City Council Page 2 of 3 Printed on 7/31/2025
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File #: 25-0328 Agenda Date: 8/4/2025 Agenda #: 12.

CEQA Review: An Initial Study was prepared for this project, consistent with the California Environmental Quality Act (CEQA). Ther 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: 8/4/2025
Attachments:

1. Ordinance No. 2025-05

2. City Council Staff Report from July 21, 2025

3. Related Plans and Policies
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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 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 589
ORDINANCE NO. 2025-05
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. 2024-05 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, approved the first reading of Ordinance No. 2025-05 on July 21, 2025, and has considered the second reading of Ordinance No. 2025-05 on August 4, 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.
590
ORDINANCE NO. 2025-05
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.

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 2
nd 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.
591
ORDINANCE NO. 2025-05
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 August 4, 2025, and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated: August 4, 2025 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
592
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
593
Visalia City Council
Legislation Text
Visalia City Council
707 W. Acequia
Visalia, CA 93291
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:

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 File #: 25-0266, Version: 1
Visalia City Council Page 1 of 4 Printed on 7/20/2025
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File #: 25-0266, Version: 1
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:

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 7/20/2025
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File #: 25-0266, Version: 1
commission shall not specify how, or in what manner, the territory shall be prezoned.

Updating Process to Adopt a Specific Zoning Amendment Ordinance:

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).

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 7/20/2025
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File #: 25-0266, Version: 1
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
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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.
598
(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.) 599
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.

17.02.020 Purpose.

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; 600
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.

17.44.010 Purpose.

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.

17.44.030 Application procedures.
601
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;

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.

17.44.050 Investigation and report.

17.44.060 Hearing.

17.44.070 Action of city planning commission.
602
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.

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.

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)
603
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0335 Agenda Date: 8/4/2025 Agenda #: 13.

Agenda Item Wording:

Oak Tree Preservation Ordinance Amendment- Second reading and adoption of Ordinance 2025- 06 amending Chapter 12.24 of the Visalia Municipal Code Relating to Oak Tree Preservation.

Prepared by: Zach Huff, Urban Forestry Supervisor 713-4295, [email protected]; Alvin Dias, Parks and Facilities Manager 713-4564, [email protected]; Jason Glick, Parks and Recreation Director 713-4042, [email protected]
Department Recommendation: It is recommended that the City Council conduct the second reading of, and adopt, Ordinance No. 2025-06 amending Chapter 12.24 of the Visalia Municipal Code relating to Oak Tree Preservation.

Summary:

The first reading of Ordinance 2025-06 amending Chapter 12.24 of the Visalia Municipal Code relating to Oak Tree preservation was approved on July 21, 2025 with revisions to the following sections:

1. Section 12.24.030 - Oak Tree Removal Permit Required - Remove the requirement for private property owners to obtain a permit from the City before removing a Valley Oak Tree on their property.

2. Section 12.24.050 - Emergencies - Editing subsection B to clarify that public utilities are not required to obtain a permit from the City to deal with Valley Oak Trees to maintain utility facilities.

3. Amendment of Section 12.24.060 Pruning Notice Required - Replacing the term “person” with “public agency” to clarify that only public agencies are potentially subject to the Valley Oak Tree pruning requirements, not private property owners.

4. Amendment of Section 12.24.100 Public Assistance for Property Owners - Editing subsection A, removing “who has submitted a notice of intent to prune or remove an oak tree” since private property owners will not be required to obtain a notice of intent to prune or remove an oak tree.

If this second reading is approved and Ordinance 2025-06 adopted, it will go into effect thirty days thereafter.

Background Discussion:

As discussed in the staff report presented during the June 16, 2025 City Council meeting, the City of Visalia implemented the Oak Tree Preservation ordinance for the purpose of preserving Valley Oak Trees within municipal limits. However, as also noted in that report, since the last major drought, the Visalia City Council Page 1 of 3 Printed on 8/1/2025
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File #: 25-0335 Agenda Date: 8/4/2025 Agenda #: 13.

City of Visalia has dealt with a significant increase in the number of requests for oak tree removals from residents as many trees did not fare well in the last drought. For the past several years the City has responded with modifications to the Oak Tree Preservation Ordinance, as detailed below in the list of prior City Council actions. Issues with oak tree failures have continued and recently, there have been requests from homeowners to remove oak trees due to insurance company requirements for clearance around buildings.

Recognizing that the preservation of Valley Oak Trees is a valid municipal purpose and such trees provide public benefits such as enhancing natural scenic beauty, assist with urban tree cover, and promote the regulation of temperature through the provision of shade. It is recommended that the Oak Tree Preservation remain in part to encourage the preservation of these trees.

However, private residential lot sizes have been steadily decreasing, which makes long term preservation of Valley Oak trees, that existed in rural areas with large root systems, difficult in dense urban areas as Visalia expands. It is difficult for Valley Oak Trees to thrive in an urban setting, as demonstrated by the number of oak tree failures after the last drought, and that when these trees fail, they can cause significant damage. In addition, insurance requirements are becoming increasingly demanding on private properties and can create a financial hardship for property owners that risk cancellation of their insurance policies if they do not remove trees that insurance companies deem hazardous. Due to these issues the proposed ordinance, based on the discussions with City Council on June 16, 2025, removes private property owners from the Oak Tree Preservation Ordinance. The ordinance would still apply to publicly owned property. City staff will continue to apply the Oak Tree Preservation requirements, when applicable, to public agencies and the matter is subject to review by the City Council at a later date to confirm whether the Oak Tree Preservation Ordinance should be further modified. In addition, the mitigation fund for oak trees currently has $231,954. This fund will remain subject to City Council review and staff will continue to review potential measures for these funds, such as planting of oak trees on larger properties suitable to long term tree health.

Fiscal Impact: The mitigation fund currently has $231,954. Changes to the mitigation policy in the future could affect revenues and expenditures.

Prior Council Action: 2019 - Council approved an increase to the removal application fee and modification of 12.24.100 (3)(B) to recognize that the City no longer provides tree trimming with its own employees and amend the verbiage to allow property owners to utilize the services of a Cityapproved arborist or the City’s contracted arborist. 2021 - Council approved the amendments to Chapter 12.24 to increase diameter of Valley Oak trees that would be protected, revised the process for removal of Valley Oak trees, and the findings that would waive mitigation fees. City staff also added a provision for low-income assistance with the removal of Valley Oak trees.
2024 - Council approved modifications to clarify that public utilities subject to CPUC jurisdiction are not required to obtain a permit to prune or remove a Valley Oak tree. At this time Council also directed staff to review procedures to alleviate the burden on homeowners with large Valley Oak trees on their property.

Visalia City Council Page 2 of 3 Printed on 8/1/2025
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File #: 25-0335 Agenda Date: 8/4/2025 Agenda #: 13.

June 16, 2025 - City staff proposed options for modifying the Oak Tree Preservation and received direction from City Council to return with an ordinance that would exempt private properties from needing a permit to remove or prune a Valley Oak tree.

July 21, 2025 - Council approved 5-0, the first reading of Ordinance 2025-06 amending sections

12.24.030, 12.24.050, 12.24.060, and 12.24.100 of Chapter 12.24 of the Visalia Municipal Code Relating to Oak Tree Preservation.

Other: N/A
Alternatives: Reject the second reading of Ordinance 2025-06 Amending Chapter 12.24 of the Visalia Municipal Code Relating to Oak Tree Preservation and direct staff to return at a later date after receiving Council’s updated recommendations.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading and adoption of Ordinance 2025-06 Amending Chapter 12.24 of the Visalia Municipal Code Relating to Oak Tree Preservation.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 8/4/2025
Attachments: Current Oak Tree Ordinance, Oak Tree Ordinance No. 2025-06 Amendment.

Visalia City Council Page 3 of 3 Printed on 8/1/2025
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Ordinance No. 2025-06

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VISALIA AMENDING CHAPTER 12.24 OF

THE VISALIA MUNICIPAL CODE RELATING TO

OAK TREE PRESERVATION
BE IN ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

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

A. In 1971, the Visalia City Council adopted the first Oak Tree Preservation ordinance in an effort to preserve diminishing oaks from urbanization.

This Ordinance was amended in 1974 to set guidelines for maintenance and preservation. This pioneering approach to preserving Visalia’s heritage has used as a model for other California cities.

B. Over the last several months, the Visalia City Council has received and addressed a few citizen appeals related to denials of Oak Tree Removal Permits. During the public hearings for those appeals, a majority of the Council directed staff to revisit the current Oak Tree Preservation ordinance provisions related to the process and conditions for applying for and obtaining authorization for the removal of certain oak trees under certain circumstances.

C. Accordingly, staff provided Council with a history of the Oak Tree Preservation ordinance, an explanation of how the application for removal process works, and several initial recommendations for changes to the current provisions of Chapter.12.24 of the Visalia Municipal Code.

D. Based upon the direction provided to staff by the City Council, the City of Visalia has identified the need to amend the existing provisions of Chapter.12.24 of the Visalia Municipal Code to more effectively serve its current purpose and intent.

SECTION 2. Title 12 of the Visalia Municipal Code is hereby amended by revising Sections 12.24.030, 12.24.050, 12.24.060, and 12.24.100 of Chapter

12.24 to include the modifications described below with additional language listed in italics and deleted language listed in strikeout. Chapter 12.24 shall henceforth read as follows:
619
Section 12.24.030 Oak Tree Removal Permit Required.

A. Any person desiring to destroy or remove an oak tree with a trunk diameter of eighteen (18) inches or greater at a point 4.5 feet above the root crown (Also referred to as "18 inches Diameter Breast Height (D.B.H.)") on private or public property must first apply for and obtain a removal permit. Such application shall be in writing to the city clerk, who shall forward such application to the city manager of the city or their designee. The application shall contain the number, size and location of the oak trees and a brief statement of the reason of the requested action. Submission of an application shall not require a fee.

B. Within five calendar days of receipt of such application, the city manager or their designee shall post a notice on the subject tree, in a manner reasonably intended to inform the general public, stating that an application for removal of the tree has been filed and is pending with the city manager or their designee. Within fourteen calendar days of receipt of such application, the city manager or their designee shall inspect the premises whereon such oak trees are located, and shall issue an intended decision in writing as to whether or not the application will be approved, and if so, what mitigation shall be required as a condition to approval, consistent with Section 12.24.035 below; provided, however, that failure to render an intended decision within such period shall not be deemed approval.

C. The city manager or their designee shall not grant a removal permit unless one of three findings enumerated in Section 12.24.035 can be made based on substantial evidence and, where necessary, expert advice of a certified arborist. The applicant may submit his or her own supporting material, including a report of an independent certified arborist, for consideration by the city manager. However, the city manager or their designee shall retain the discretion for determining the weight and value to be given to such independent reports.

D. Upon determination that one of the three findings enumerated in Section 12.24.035 can be met and a removal permit may be granted, the city manager or their designee shall establish mitigation requirements in a manner consistent with the policy to be developed and implemented pursuant to Section 12.24.037. No mitigation shall be required for oak trees removed pursuant to subsections A. or C. of section 12.24.035, unless the city manager or their designee determines that the applicant's negligence or willful conduct contributed to the decline of the health of the oak tree.

The mitigation requirements established by the city manager or their designee shall attach to the permit as conditions, and shall be enforceable as a lien against the applicant's real property. In no event shall the availability of mitigation measures, or the willingness of the applicant to agree to such measures, be a factor in determining whether removal of the tree is warranted.
620
Section 12.24.050 Emergencies.

A. In the case of emergency caused by the dangerous condition of an oak tree requiring immediate action for the protection of life or property, a tree may be cut down in whole or in part on the order of the city manager or any on-duty public works or public safety personnel.

B. No permit is required for Public utilities subject to the jurisdiction of the Public Utilities Commission of the state of California may also take such action as may be necessary to maintain a safe operation for their facilities. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999) Section 12.24.060 Pruning notice required
A. Except in cases of emergencies as described in Section

12.24.050, no person public agency shall prune or cause to be pruned any oak tree limb of a diameter of two ten inches or greater within the city without first submitting a completed oak tree intent to prune notice with the city manager, as provided herein.

B. The notice shall be delivered to the city manager prior to the start of the work to be performed.

C. The notice shall be in a form as provided by the city manager and shall include the following information:

1.The name, address and telephone number of the property owner.

2.The name, address and telephone number of the person(s) intending to prune the tree.

3.The date(s) of the pruning.

4.A description of the tree(s) to be pruned including the approximate size and location of the tree with sufficient specificity to enable the city manager to precisely locate and identify the subject tree(s).

5.If the work is to be performed in any public right-of-way, proof of insurance coverage for general liability, property damage, and workers' compensation in case of injury or damage to person or property.

6.Proof of the possession of a valid city business license.

D. A copy of the notice must be in the possession of the person pruning the oak tree at all times during the course of the work being performed. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999) Section 12.24.100 Public assistance for property owners.

A. If the city manager determines that a property owner, who has 621
submitted a notice of intent to prune an oak tree, cannot properly prune his or her oak tree without the assistance of a professional tree trimmer, and that said property owner cannot afford to hire a professional tree trimmer because he or she does not have the financial resources to pay for such services, the city manager may provide financial assistance to said property owner for the purpose of pruning or removal of the tree or trees, if all the following conditions are met and funds are available:

1.The property owner uses the property where the tree(s) is located as his or her principal place of residence;

2.The aggregate gross income of all persons eighteen (18) years of age or older residing on the property does not exceed the minimum amount as may be set from time to time, by resolution of the city council, pursuant to this subdivision; and

3.The city manager determines that it is necessary to prune the tree to remove hazardous conditions, remove disease, rot, pests, other harmful conditions, or promote healthy growth of the tree(s).

B. Such financial assistance may include, but not be limited to, low interest loans, work done by the city with the cost borne in part or in whole by the property owner, work done by the city with the cost borne by the city to be repaid by the property owner upon such terms as the city and property owner shall agree, or any combination thereof. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
SECTION 3. The City Council intends this Ordinance to supplement, not to duplicate or contradict any applicable state law and this Ordinance shall be construed in light of that intent.

SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of 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.

SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.
622
PASSED AND ADOPTED: August 4, 2025 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 2025-06 passed and adopted by the Council of the City of Visalia at a regular meeting held on August 4, 2025, and certify a summary of this ordinance has been published in the Visalia Times Delta.

Dated: LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
623
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0309 Agenda Date: 8/4/2025 Agenda #: 14.

Agenda Item Wording:

Second Reading and Adoption of Ordinance 2025-07 Regarding Easements - Adopt Ordinance 2025-07 authorizing the grant of easements to Southern California Edison Company to construct and maintain electrical facilities on a portion of city-owned property and authorizing the City Manager to execute the grant of easements.

Prepared by:

Eric Bons, Senior Civil Engineer, [email protected], 559-713-4350 Chris Crawford, City Engineer, [email protected], 559-713-4331 Jason Huckleberry, Eng. & Bldg. Dir., [email protected], 559-713-4495 Nick Bartsch, Public Works Director, [email protected], 559-713-4052 Department Recommendation:

Approve the second reading and adopt Ordinance 2025-07 authorizing the grant of easements and temporary construction easements to Southern California Edison Company to construct and maintain electrical facilities and authorizing the City Manager to execute the grant of easements.

Summary:

Southern California Edison Company (SCE) is requesting easements for the relocation of overhead transmission power lines, easements for the undergrounding of distribution power lines, and temporary construction easements that encroach into the farmland that is owned and operated by the City of Visalia’s Water Reclamation Facility (WRF). The transmission easements are located along the southerly and easterly property lines of the WRF boundary and total approximately 33,327± square feet. The distribution easements are located along the easterly property line of the WRF boundary and total approximately 3,373± square feet. The temporary construction easements vary in shape and total approximately 58,748± square feet. The City is to be compensated $12,100 for the easements based on the appraisal report.

These easements are being granted to SCE for the benefit of the Caltrans Highway 99 and Caldwell Interchange project. These easements are required to accommodate the new interchange improvements.

Background Discussion:

The California Department of Transportation (Caltrans) will be starting a construction project to improve the Highway 99 Interchange at Avenue 280 (Caldwell Avenue) in August 2025. The project will have a duration of approximately 28 months with the project completion in early 2028. The project will be removing the existing bridge crossings over Highway 99 and the existing railroad tracks. New bridges will be constructed to accommodate the future traffic demands and meet current design standards. This involves widening the approaches on the east and west side of the railroad tracks and Highway 99.

Caltrans has acquired the additional right of way for the widening of the approaches from the City of Visalia City Council Page 1 of 3 Printed on 7/31/2025
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File #: 25-0309 Agenda Date: 8/4/2025 Agenda #: 14.

Caltrans has acquired the additional right of way for the widening of the approaches from the City of Visalia. The easements requested by SCE for the relocation of the transmission poles, the undergrounding of the distribution power lines, and the temporary construction easements are located at the southeast corner of the Water Reclamation Facility which is also the northwest corner of the project limits (see Exhibit A). The SCE transmission poles are to be relocated to the north of the existing location due to the widening of the interchange approaches and along the easterly edge of the City owned property adjacent to the railroad right of way. The undergrounding of the distribution power lines is located along the easterly boundary of the WTP property which is also adjacent to the railroad right of way.

City staff has worked with Caltrans to explore options to limit the City’s liability for future projects that would widen Ave 280 (Caldwell Avenue) which could require the relocation of the SCE transmission poles. This relocation of transmission poles would be a future cost to the City since the transmission poles are located within an SCE easement rather than public right of way. Caltrans explored the following options and associated impacts.
· Dedicating the SCE transmission easement adjacent to Avenue 280 in fee title as road right of way.
o This additional road right of way dedication would need to be accepted by the County of Tulare which could result in a 3-to-5-month delay to the project. · Realign the transmission pole alignment so an easement would not be required from the City of Visalia.
o The option to redesign the transmission pole alignment had been asked of SCE on two occasions and SCE rejected the proposal. SCE stated that any redesign of the current plans could add up to 5-months for the redesign. A 5-month construction delay could result in a significant amount of extra contractor overhead cost that would need to be paid for by the project.

The State certified this project without the SCE easements, as they were unknown at the time of certification, to save a $16 million grant for construction and $20 million in programming. If the State was not able to advertise the project for construction, the cost of the construction project was anticipated to increase significantly over the engineer’s estimate. The winning construction bid came in approximately $4 million below the engineer’s estimate.

Caltrans will need to do a construction change order by August 1, 2025, to accommodate additional grubbing and clearing for the SCE easements as this activity is set to begin in mid-August to allow SCE to relocate beginning October 1, 2025.

Each option explored resulted in a possible delay of 3 to 5 months. If Caltrans has to delay the construction project start date this could result in significant overhead and extra cost claims from the contractor.

Acceptance of the SCE easements by the City would keep the overall project moving forward on the current construction schedule without incurring delay costs. SCE will not proceed with the relocation of the transmission poles without the executed easements. SCE will be relocating transmission and distribution power lines on the east and west side of Hwy 99 and SCE wants to complete all the work as one operation because SCE will need to coordinate the rerouting of power within its network to perform the work. The relocation of the transmission poles is needed so the new approaches to the Visalia City Council Page 2 of 3 Printed on 7/31/2025
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File #: 25-0309 Agenda Date: 8/4/2025 Agenda #: 14.
overcrossings can be constructed, this work is part of the first phase of construction Fiscal Impact: The easements for the relocation of the SCE transmission poles and other distribution lines is to be granted to SCE and SCE will pay the City for the permanent easements and temporary construction easements. The City will be compensated in the amount of $12,100 for the SCE easements based on the appraised values.

Prior Council Action:

July 21, 2025. First Reading and Adoption of Ordinance 2025-07 authorizing the grant of easements to Southern California Edison Company to construct and maintain electrical facilities on a portion of city-owned property and authorizing the City Manager to execute the grant of easements December 19, 2022. A presentation of Caltran’s Caldwell Avenue and SR-99 Project was presented to City Council for information and authorized the Mayor to sign a letter of concurrence for the full closure of Caldwell Avenue during portions of the construction process at the interchange.

Other: None.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to adopt Ordinance 2025-07 authorizing the grant of easements and temporary construction easements to Southern California Edison Company to construct and maintain electrical facilities and authorizing the City Manager to execute the grant of easements.

Environmental Assessment Status: Completed by Caltrans.

CEQA Review: Completed by Caltrans.

Deadline for Action: 8/4/2025
Attachments:

1. Project Location Map

2. Ordinance 2025-07

3. Exhibit A - Easement Display

4. Grant of Easements (Attachment 1)
Visalia City Council Page 3 of 3 Printed on 7/31/2025
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Demaree
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/

PROJECT LOCATION
PROJECT LOCATION MAP Rd. 68
Ave 280 Rd. 68
Ave 272 Hwy 9 Akers St Akers St
Hwy 99
Caldwell Ave
Hwy 9
627
ORDINANCE NO. 2025- 07

AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY
LOCATED AT THE CALDWELL AVENUE/AVENUE 280 AND STATE ROUTE 99 WHEREAS, the City of Visalia owns all the legal and beneficial interest in certain real property, approximately 442 acres in size located at the intersection of Caldwell Avenue/Avenue 280 and State Route 99, APN 119-010-021, the property is currently being leased and used for seasonal crops; and
WHEREAS, the California Department of Transportation (“Caltrans”) is working on a project to improve the connection between Caldwell/Avenue 280 and State Route 99, (“Project”) a state highway project that Caltrans has full statutory authority to construct, including the right to acquire necessary property by eminent domain; and WHEREAS, the Project, once completed, will provide a benefit to traffic flow and access between Caldwell Avenue and State Route 99; and
WHEREAS, Southern California Edison has informed the City that it needs to acquire a portion of APN 119-010-021 for the Project, approximately 0.84 acres of property that it needs to permanently acquire as easements and an additional 1.35 acres of property that Southern California Edison would need on a temporary basis during construction of the Project; and
WHEREAS, City engineering staff reviewed the proposed easement area and does not dispute that it would be needed for the Project; and WHEREAS, City engineering staff reviewed the proposed easement area and do not consider use of the easements by Southern California Edison would impact the use of the remaining real property by the City; and
WHEREAS, state laws concerning notice requirements for surplus land sales are not applicable to purchases made under threat of condemnation by another public agency; and

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA:

Section 1: The Council hereby directs the City Manager to sell and transfer ownership of the easements required by Southern California Edison to accommodate the Caltrans project for fair market value in a form approved by the City Attorney, and allow for construction access as needed.
628
Section 2: The City Manager is also authorized to revise the current lease of the subject property with the tenant to accommodate this sale being made under threat of condemnation.

Section 3: This ordinance shall go into effect thirty (30) days after its passage.

PASSED AND ADOPTED: August, 4, 2025 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 2025-07 passed and adopted by the Council of the City of Visalia at a regular meeting held on August 4, 2025 and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated: August 4, 2025 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
629
© OpenStreetMap (and) contributors, CC-BY-SA
¯
Legend
New SCE Transmission Poles
New SCE Distribution Facilities
New SCE Distribution Facilities
15-ft Radial Clearance from Pole Centerline
Temporary Construction Easement
Permanent Utility Easement (SCE Transmission)
New Transmission and Distribution Electric Overhead
Permanent Utility Easement (SCE Distribution)
Right of Way
Caldwell Avenue
State Route 99
0 70 140 280 Feet
Replace 45' Wood Pole with 50' Wood Pole
Pole #4001803E
Install 7'x14'x8' Vault
Vault #V5778826
Install 7'x14'x8' Vault
Vault #V5778825
Remove existing pole
Pole #4781956E
New 70' Wood Pole
Pole #4782897E
New 70' Wood Pole
Pole #4782896E
New 70' Wood Pole
Pole #4782895E
New 70' Wood Pole
Pole #4782894E New 75' Wood Pole
Pole #4782893E
New 70' TSP
Pole #4782892E
New 80' Wood Pole
Pole #4782891E
New 85' Wood Pole
Pole #4782890E
New 85' TSP
Pole #4782889E
New 85' TSP
4782888E
New 85' Wood Pole
4782887E
Two 5" conduits (new)
from Pole #4001803E
to Vault #5778826
Six 5" conduits (new)
from Vault #577886
to Vault #5778825
Two 5" conduits (new)
from Pole #4782890E
to Vault #55778825
New County R/W
New Caltrans R/W
Replace 60' Stub Pole
Pole #4316521E
RR R/W
630

RECORDING REQUESTED BY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn: Title and Real Estate Services
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SCE Doc. No.

GRANT OF

EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE
VALUE AND CONSIDERATION LESS THAN $100.00)

DISTRICT
San Joaquin Valley

SERVICE ORDER
TD2134182
SERIAL NO. MAP SIZE
_____________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
FIM 067-013
APN 119-010-021
APPROVED:

VEGETATION &
LAND

MANAGEMENT
BY
SLS/BT
DATE
09/26/2024

CITY OF VISALIA, a municipal corporation, (hereinafter referred to as “Grantor”), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as “Grantee”), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as “systems”), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Tulare, State of California, described as follows:

FOR LEGAL DESCRIPTION, SEE EXHIBITS “A” AND “B”, BOTH ATTACHED HERETO AND MADE A PART HEREOF.

Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.

Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable.
631
2 DSE802396090
TD2134182
EXECUTED this _____ day of _______________________, 20____.

GRANTOR
CITY OF VISALIA, a municipal corporation
____________________________________
Signature
____________________________________
Print name
____________________________________
Title
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.

State of California )

County of )

On _______________________ 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)
632
3 DSE802396090
TD2134182
EXECUTED this _____ day of _______________________, 20__.

GRANTEE

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
____________________________________
Signature
____________________________________
Print Name
____________________________________
Title
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.

State of California )

County of )

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)
633
Sheet 1 of 4 DSE802396090
TD2134182
EXHIBIT “A”

LEGAL DESCRIPTION
APN: 119-010-021
SITUATED IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.

UNDERGROUND ELECTRICAL DISTRIBUTION EASEMENT
STRIP #1 (6.00 FEET WIDE)
A 6.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF

VISALIA, A MUNICIPAL CORPORATION, AS DESCRIBED IN THAT CORPORATION GRANT DEED FILED FOR RECORD ON DECEMBER 28, 1990 IN DOCUMENT NO. 84521, OFFICIAL RECORDS OF TULARE COUNTY LYING WITHIN SECTION 5, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:

COMMENCING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHERLY LINE OF THAT PORTION OF SAID SECTION 5, MORE PARTICULARLY DESCRIBED AS PARCEL 88199-1 DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, RECORDED ON OCTOBER 18, 2022 AS DOCUMENT NO. 2022-0063716, OFFICIAL RECORDS OF SAID COUNTY, SAID CERTAIN COURSE IS

DESCRIBED AS
“NORTH 82°25’24” EAST 224.99 FEET” (GRID DISTANCE) IN SAID DEED; THENCE ALONG SAID CERTAIN COURSE, NORTH 82°25’24” EAST 61.70 FEET TO THE TRUE POIN OF BEGINNING;
THENCE LEAVING SAID CERTAIN COURSE, NORTH 11°15’37” WEST 18.00 FEET TO THE POINT OF TERMINUS.

THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID PARCEL 88199-1.

CONTAINING 108 SQUARE FEET OR 0.002 ACRES, MORE OR LESS.

STRIP #2 (6.00 FEET WIDE)
A 6.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF

COMMENCING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHEASTERLY LINE OF THAT PORTION OF SAID SECTION 5, MORE PARTICULARLY DESCRIBED AS PARCEL 88199-1 DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, RECORDED ON OCTOBER 18, 2022 AS DOCUMENT NO. 2022-0063716, OFFICIAL RECORDS OF SAID COUNTY, SAID CERTAIN COURSE IS DESCRIBED AS “SOUTH 27°51’27” EAST 260.21 FEET” (GRID DISTANCE) IN SAID DEED, SAID

POINT ALSO BEING IN THE WESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH 27°51’27” WEST 868.51 FEET;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE, SOUTH 62°08’33” WEST 8.32 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 04°55’19” EAST 41.67 FEET;
THENCE SOUTH 27°25’19” EAST 36.42 FEET TO THE POINT OF TERMINUS, SAID POINT HEREINAFTER REFERRED TO AS POINT “A”.

THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINT.

CONTAINING 469 SQUARE FEET OR 0.011 ACRES, MORE OR LESS.

STRIP #3 (15.00 FEET WIDE)
A 15.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF

COMMENCING AT SAID POINT “A”;
THENCE SOUTH 62°34’41” WEST 3.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°25’19” EAST 22.00 FEET TO THE POINT OF TERMINUS, SAID POINT HEREINAFTER REFERRED TO AS POINT “B”.

CONTAINING 330 SQUARE FEET OR 0.008 ACRES, MORE OR LESS. 635
Sheet 3 of 4 DSE802396090
TD2134182
STRIP #4 (6.00 FEET WIDE)
A 6.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF

COMMENCING AT SAID POINT “B”;
THENCE NORTH 62°34’41” EAST 3.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°25’19” EAST 274.51 FEET TO THE POINT OF TERMINUS, SAID POINT HEREINAFTER REFERRED TO AS POINT “C”.

CONTAINING 1,647 SQUARE FEET OR 0.038 ACRES, MORE OR LESS.

STRIP #5 (15.00 FEET WIDE)
A 15.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF

COMMENCING AT SAID POINT “C”;
THENCE SOUTH 62°34’41” WEST 3.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°25’19” EAST 22.00 FEET TO THE POINT OF TERMINUS, SAID POINT HEREINAFTER REFERRED TO AS POINT “D”.

CONTAINING 330 SQUARE FEET OR 0.008 ACRES, MORE OR LESS.

STRIP #6 (6.00 FEET WIDE)
A 6.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF

COMMENCING AT SAID POINT “D”;
636
Sheet 4 of 4 DSE802396090
TD2134182
THENCE NORTH 62°34’41” EAST 3.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°25’19” EAST 36.42 FEET;
THENCE SOUTH 49°55’19” EAST 45.00 FEET TO THE POINT OF TERMINUS.

THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINT.

CONTAINING 489 SQUARE FEET OR 0.011 ACRES, MORE OR LESS.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.

SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORDS.

DATED: ___________________________, 2024
________________________________________
ADAM L. FORTH, P.L.S.

L.S. NO. 9570
OCTOBER 16
637
A PORTION OF SECTION 5,
TOWNSHIP 19 SOUTH, RANGE 24 EAST,

MOUNT DIABLO BASE AND MERIDIAN

PROJECT
AREA
CALDWELL AVENUE (AVENUE 280)

UNION PACIFIC RAILROAD
STATE HIGHWAY 99
EXHIBIT "B"
N
638

CALDWELL AVENUE
(AVENUE 280)
A PORTION OF SECTION 5,
TOWNSHIP 19 SOUTH, RANGE 24 EAST,

MOUNT DIABLO BASE AND MERIDIAN N
639

UNION PACIFIC

RAILROAD
STATE HIGHWAY 99
A PORTION OF SECTION 5,
TOWNSHIP 19 SOUTH, RANGE 24 EAST,

MOUNT DIABLO BASE AND MERIDIAN
N
640

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY – 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Location: City of Visalia DOCUMENTARY TRANSFER TAX $________________ Serial No. 73371A Service Order 802246563
A.P.N: 119-010-021
V&LM File No.: ACQ204159600
SCE Doc No.: 527983

COMPUTED ON FULL VALUE OF PROPERTY CONVEYED

OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SCE Company.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX Firm Name Approved
Vegetation & Land
Management
BY SF DATE 06/20/2023

GRANT OF

TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF VISALIA, a municipal corporation, hereinafter referred to as “GRANTOR,” does hereby grant to SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation, hereinafter referred to as “GRANTEE,” a temporary, non-exclusive easement for construction-related purposes (“Temporary Construction Easement”) in, over, under and across those portions of real property located in the County of Tulare, State of California, and more particularly identified as follows:

THAT PORTION OF THE WEST HALF OF SECTION 5 AND THAT PORTION OF THE EAST HALF OF SECTION 5, LYING WEST OF THE WESTERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY, ALL IN THE TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERDIAN.

EXCEPTING FROM THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5, THAT PORTION THEREOF LYING WITHIN THE LINES OF THE 200 FOOT RIGHT OF WAY GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS APPROVED JULY 27, 1866.

ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED DATED DECEMBER 15, 1958 AND RECORDED IN BOOK 2112 AT PAGE 83 OF OFFICIAL RECORDS.

ALSO EXCEPTING THE SOUTH 40 FEET THEREOF.

ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED DATED APRIL 18, 2022 AND RECORDED OCTOBER 18, 2022 AS DOCUMENT NO. 2022-0063716 OF OFFICIAL RECORDS.

Those parcels legally described in the attached Exhibit A and depicted in the attached Exhibit B, as said Exhibits are incorporated herein by this reference (collectively, the “Easement Areas”).

1. Use of the Easement Areas. Use of the Easement Areas, and exercise of the easement rights granted herein, shall be limited solely to those activities which are related to and necessary for GRANTEE’s development and installation of electrical generation, transmission and/or distribution CT Parcels 96002-3 & 96002-4
641
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.

Serial No.: 73371A
V&LM File No.: ACQ204159600
-2-
facilities (and improvements related thereto [collectively, the “Utility Facilities”]) on properties that are located adjacent and/or proximate to the Easement Areas. Specifically, during the Term of this Temporary Construction Easement (as defined below), GRANTEE shall have the following rights relative to the Easement Areas:
a. The right to enter upon and pass and repass over and along the Easement Areas for the construction, reconstruction, enlargement, repair and maintenance of such improvements as are required for, or otherwise necessitated by, Grantee’s development and installation of the Utility Facilities.
b. The right to transport personnel, trucks, cars, equipment and materials over, through and across all portions of the Easement Areas for purposes of facilitating the development and installation of the Utility Facilities.
c. The right to store, maintain and operate on the Easement Areas such equipment, tools, machinery, inventory, implements and other materials as are necessary or convenient in connection with GRANTEE’s development and installation of the Utility Facilities. d. The right to install, operate, maintain and replace on, over, under and within the Easement Areas such temporary poles, footings, lines and other improvements as are necessary or convenient in connection with GRANTEE’s development and installation of the Utility Facilities.

2. Term of Temporary Construction Easement. The Temporary Construction Easement shall commence on the Effective Date hereof (as defined below) and shall automatically terminate and expire upon (i) the date construction of the Utility Facilities is completed or (ii) the second (2nd) anniversary of the Effective Date, whichever date shall first occur (the “Term”). Upon the expiration of the Term, all of the rights and benefits of GRANTEE in, to and under the Temporary Construction Easement shall automatically terminate and be of no further force and effect.

3. Use of Gates; Removal of Materials Impeding the Easement. GRANTEE shall have the right to use gates in all of GRANTOR’s fences which presently or hereafter cross the Easement Areas, and to remove, trim, cut and clear away any trees and brush within the Easement Areas (and relocate any other materials situated, placed or appearing within the Easement Areas) whenever in GRANTEE’s reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby.

4. Obligation to Restore Easement Areas. After completion of any work performed by GRANTEE or its agents, contractors or employees which disturbs the surface of the Easement Areas, GRANTEE shall, at its sole cost and expense, restore the surface of such area as close as reasonably possible to its original character (as existing/measured at the time of the Effective Date of this Temporary Construction Easement, but specifically excluding the obligation to replace/replant any trees or shrubs trimmed, cut or cleared in connection with the provisions of Section 3, above).

5. Obligation to Obtain Necessary Approvals. Prior to engaging in any activity upon the Easement Areas, GRANTEE shall, at its sole cost and expense, apply for and obtain all necessary permits, authorizations, licenses and approvals (collectively, “Approvals”) which are or may be required from any body, agency, or department with jurisdiction over the Easement Areas.

6. Rights Retained by GRANTOR. The easement rights acquired by GRANTEE pursuant to this instrument are acquired subject to the right of GRANTOR, its successors and assigns to use the surface and subsurface of the land within the Easement Areas to the extent that such use is compatible with the full and free exercise of the Temporary Construction Easement by GRANTEE. 642
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.

Serial No.: 73371A
V&LM File No.: ACQ204159600
-3-

7. Indemnification.
a. GRANTEE. GRANTEE hereby agrees to indemnify, defend (with counsel acceptable to GRANTOR), release and hold harmless GRANTOR, its successors and assigns, including their respective affiliates, partners, directors, members, officers, shareholders, agents, representatives, contractors and employees (collectively, the “Grantor Representatives”), and each of them, and their property from all loss, liability, damages, claims, costs and expenses (including attorneys’ fees and court costs) arising directly or indirectly out of the acts or omissions, intentional or otherwise, of GRANTEE, its employees, agents, contractors and representatives (collectively, the “Grantee Representatives”) in connection with the use of the Easement Area by GRANTEE and/or the Grantee Representatives or any material breach of this Temporary Construction Easement by GRANTEE; provided, however, that nothing contained in this paragraph shall operate to relieve GRANTOR from any loss, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of GRANTOR, the Grantor Representatives, or any of them. Payment shall not be a condition precedent to recovery under the forgoing indemnity.
b. GRANTOR. GRANTOR hereby agrees to indemnify, defend (with counsel acceptable to GRANTEE), release and hold harmless GRANTEE and the Grantee Representatives, and each of them, and its and their property from all loss, liability, damages, claims, costs and expenses (including attorneys’ fee and court costs) arising directly or indirectly out of the acts or omissions, intentional or otherwise, of GRANTOR or the Grantor Representatives in connection with the use of the Easement Areas by GRANTOR and/or the Grantor Representatives or any material breach of this Temporary Construction Easement by GRANTOR; provided, however that nothing contained in this paragraph shall operate to relieve GRANTEE from any loss, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of GRANTEE, the Grantee Representatives, or any of them.

Payment shall not be a condition precedent to recovery under the forgoing indemnity.

8. General Provisions.
a. Covenants Running with the Land. GRANTEE and GRANTOR acknowledge and agree that the rights conferred by this Temporary Construction Easement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns. b. Effective Date. This Temporary Construction Easement shall be effective upon the date that is set forth above the signature line(s) identified for GRANTOR on the final page of this instrument. c. Authorized Representative. Each individual signing on behalf of a party to this Temporary Construction Easement states that he or she is the duly authorized representative of the signing party and that his or her signature on this Temporary Construction Easement has been duly authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the representative is signing.
d. Attorney’s Fees. In the event of any dispute between the parties regarding the enforcement or effect of this Temporary Construction Easement, the non-prevailing party in any such dispute shall pay the prevailing party’s reasonable attorney’s fees and costs actually incurred. In the event that neither party wholly prevails, the court may apportion the costs or fees as the court deems appropriate.
643
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.

Serial No.: 73371A
V&LM File No.: ACQ204159600
-4-
e. Further Cooperation. Each of the signatories to this Temporary Construction Easement agree to execute such other documents and to perform such other acts as may be reasonably necessary or desirable to further the expressed and intent purpose of this Temporary Construction Easement.

EXECUTED this ________ day of _____________________, 20_____.

CITY OF VISALIA, a municipal corporation
By: ___________________________________________
Name:

Its:

By: ___________________________________________
Name:

Its:
644
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.

State of California )
) ss.

County of )
On _______________________ 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 _______________________________
645
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.

Serial No.: 73371A
V&LM File No.: ACQ204159600
-6-
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.

State of California )
) ss.

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 _______________________________
646
Exhibit “A”
Exhibit “A”
Description of the Easement Area
[To Be Attached]
647
Exhibit “B”
Exhibit “B”
Depiction of the Easement Area
[To Be Attached]
648
649
650
651
652

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE

GRANT OF EASEMENT
DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73368A Service Order No. 802246718
Location: City of Visalia
A.P.N. 119-010-021
V&LM File No.: ACQ204159598
SCE Doc No.: 527980
___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND

ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.

SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME Approved
Vegetation & Land
Management
BY SF DATE 06/16/2023
CITY OF VISALIA, a municipal corporation, hereinafter called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "Grantee", an easement and right of way to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time to time, electric lines, consisting of poles and towers made of various materials, "H" frame structures, guy wires and anchors, crossarms, wires and other fixtures and appliances and communication circuits with necessary appurtenances, both overhead and underground, for conveying electric energy to be used for light, heat, power, telephone and/or other purposes, in, under, on, over, along and across two (2.0) strip of land of varying width, hereinafter described and designated as "Right of Way Strip," lying within that certain real property of the Grantor, situated in the County of Tulare, State of California, described as follows:

ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED DATED DECEMBER 15, 1958 AND RECORDED IN BOOK 2112 AT PAGE 85 OF OFFICIAL RECORDS.

ALSO EXCEPTING THE SOUTH 40 FEET THEREOF.

ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED DATED APRIL 18, 2022 AND RECORDED OCTOBER 18, 2022 AS DOCUMENT NO. 2022-0063716 OF OFFICIAL RECORDS.

CT Parcels 96002-1 & 96002-2
653
-2-
Grant of Easement
City of Visalia to
S.C.E. Co., a corp.

Serial No.: 73368A
V&LM File No.: ACQ20415598
The said Right of Way Strip is more particularly described on the Exhibit "A" and more particularly depicted on the Exhibit "B", both attached hereto and by this reference made a part hereof.

Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to clear and to keep clear said Right of Way Strip, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind (except for those herein provided) and the right to trim or remove any tree or shrub which in the opinion of Grantee, may endanger said electric lines or any part thereof or interfere with the exercise of the rights herein granted.

The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee.

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its officers thereunto duly authorized, this ______ day of ___________________, 20____.

CITY OF VISALIA, a municipal corporation
By: _____________________________________
Name: __________________________________
Title: ___________________________________
By: _____________________________________
Name: __________________________________
Title: ___________________________________
654
Grant of Easement
City of Visalia to
S.C.E. Co., a corp.

Serial No.: 73368A
V&LM File No.: ACQ20415598
-3-
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.

State of California )

County of )

On _______________________ 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 _______________________________
655
Grant of Easement
City of Visalia to
S.C.E. Co., a corp.

Serial No.: 73368A
V&LM File No.: ACQ20415598
-4-
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.

State of California )

County of )

On _______________________ 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 _______________________________
656
PAGE 1 of 2
WO #802246718 – NOT #204159598
EXHIBIT “A”

LEGAL DESCRIPTION
SERIAL NO. 73368A
APN: 119-010-021
OVERHEAD TRANSMISSION EASEMENT:

THAT PORTION OF SECTION 5, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO

MERIDIAN OF RECORD OF SURVEY, IN THE CITY VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, FILED IN BOOK 20, PAGE 17 OF LICENSED SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION DESCRIBED AS FOLLOWS:

PARCEL “A”:

30.00 FEET SOUTHWESTERLY OF SAID RAILROAD RIGHT OF WAY; THENCE NORTH 28° 04’ 00” WEST, 627.93 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 61° 56’ 00” EAST, 30.00 FEET TO SAID RAILROAD RIGHT OF WAY; THENCE SOUTH 28° 04’ 00” EAST, 636.56 FEET ALONG SAID RAILROAD RIGHT OF WAY TO THE TRUE POINT OF BEGINNING.

CONTAINING 18,967 SQUARE FEET OR 0.435 ACRES, MORE OR LESS.

PARCEL “B”:

COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 SOUTH 89° 34’ 02” WEST, 264.47 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF THE UNION PACIFIC RAILROAD, PER CALTRANS RIGHT OF WAY MAP, TUL 99 PM 36-76 RM; 657
SERIAL NO. 73368A
PAGE 2 of 2
WO #802246718 – NOT #204159598
THENCE NORTH 28° 04’ 00” WEST, 260.21 FEET ALONG SAID SOUTHWESTERLY RAILROAD RIGHT OF WAY;
THENCE SOUTH 77° 58’ 28” WEST, 269.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 58’ 28” WEST, 194.31 FEET;
THENCE SOUTH 70° 42’ 28” WEST, 116.77 FEET;
THENCE SOUTH 82° 12’ 51” WEST, 225.00 FEET;
THENCE SOUTH 86° 01’ 58” WEST, 308.10 FEET;
THENCE NORTH 81° 02’ 46” EAST, 840.79 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 14,060 SQUARE FEET OR 0.323 ACRES, MORE OR LESS.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.

SUBJECT TO ANY AND ALL MATTERS OF RECORD.

THIS DESCRIPTION IS NOT INTENED FOR THE USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.

PREPARED BY ME OR UNDER MY DIRECTION:

DANIEL W. MEYER, P.L.S. No. 9201 DATE
09/28/2023
658
CA AVENUE 280 (CALDWELL AVENUE) S 89° 34' 02" W 264.47' N 00° 25' 35" W SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5 N 28° 04' 00" W 260.21' STATE ROUTE 99 POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 5 T19S R24E, M.D.M SOUTH QUARTER CORNER OF SECTION 5 EXISTING RIGHT OF WAY 40' PROPOSED RIGHT OF WAY PER CALTRANS MAP TUL99PM36_42_AM S77° 58' 28" W 269.51' TRUE POINT OF BEGINNING PARCEL "A" RAILROAD SOUTHWESTERLY RIGHT OF WAY 150' UNION PACIFIC RAILROAD APN: 119-010-068 CALTRANS RIGHT OF WAY MAP TUL 99 PM 36-76 RM EAST LINE SECTION 5 TRUE POINT OF BEGINNING PARCEL "B" 150' SCALE IN FEET 0 160 320 40' OVERHEAD TRANSMISSION EASEMENT PARCEL "B" SEE SHEET 3 OVERHEAD TRANSMISSION EASEMENT PARCEL "A" SEE SHEET 2 SECTION 5 TOWNSHIP 19 SOUTH RANGE 24 EAST MOUNT DIABLO MERIDIAN APN: 119-010-021 PREPARED UNDER MY SUPERVIDSION:
659
RECTOR - GOSHEN - LIBERTY 66KV ( CITY OF VISALIA )
802246718 204159598 VISALIA TULARE
7-31-2023
73368A 008 (SER #73368A)
125-064
CALTRANS RIGHT OF WAY MAP - TUL 99 PM 36-76 RM
N/A
R.S. MAYER
D. MEYER S. FLORES
N/A
CA

SCALE IN FEET
0 120 240

POINT OF COMMENCEMENT

SOUTHEAST CORNER
OF SECTION 5
T19S R24E, M.D.M
AVENUE 280 (CALDWELL AVENUE)
S 89° 34' 02" W 264.47' N 00° 25' 35" W
SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5
N 28° 04' 00" W 260.21'
STATE ROUTE 99

RAILROAD

SOUTHWESTERLY

RIGHT OF WAY

SOUTH QUARTER CORNER
OF SECTION 5

EXISTING RIGHT OF WAY
PROPOSED RIGHT OF WAY PER CALTRANS MAP TUL99PM36_42_AM

TRUE POINT OF

BEGINNING
PARCEL "A"

30.00'
N 61° 56' 00" E

CALTRANS

RIGHT OF WAY MAP
TUL 99 PM 36-76 RM EAST LINE SECTION 5

OVERHEAD

TRANSMISSION

EASEMENT
PARCEL "A"
( 18,967± SQUARE FEET )
( 0.435± ACRES )
N 28° 04' 00" W 627.93' S 28° 04' 00" E 636.56'
150'
UNION PACIFIC RAILROAD APN: 119-010-068
150'
S 77° 58' 28" W 31.22'
30'
30'
SECTION 5
TOWNSHIP 19 SOUTH
RANGE 24 EAST

MOUNT DIABLO MERIDIAN
APN: 119-010-021
660
CA 260.21' N 28° 04' 00" W AVENUE 280 (CALDWELL AVENUE) SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5 SOUTH QUARTER CORNER OF SECTION 5 EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY PER CALTRANS MAP TUL99PM36_42_AM S77° 58' 28" W 269.51' TRUE POINT OF BEGINNING PARCEL "B" SCALE IN FEET 0 120 240 OVERHEAD TRANSMISSION EASEMENT PARCEL "B" ( 14,060± SQUARE FEET ) ( 0.323± ACRES ) RAILROAD SOUTHWESTERLY RIGHT OF WAY N 81° 02' 46" E 840.79' S 86° 01' 58" W 308.10' S 82° 12' 51" W 225.00' S 70° 42' 28" W 116.77' S 77° 58' 28" W 194.31' S 89° 34' 02" W PROPOSED RIGHT OF WAY POINT OF COMMENCEMENT SOUTHEAST CORNER SECTION 5 T19S R24E, M.D.M S 89° 34' 02" W 264.47' SECTION 5 TOWNSHIP 19 SOUTH RANGE 24 EAST MOUNT DIABLO MERIDIAN APN: 119-010-021 APN: 119-010-068 661
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0337 Agenda Date: 8/4/2025 Agenda #: 15.

Agenda Item Wording:

Convention Center Discount Authority - Confirmation of the City Manager’s authority to establish a discount policy for Convention Center usage and to have the authority to delegate the implementation of that policy.

Prepared by: Leslie B. Caviglia, City Manager, [email protected] 559-713-4332.

Department Recommendation: It is recommended that the Visalia City Council confirm the City Manager’s authority to establish a discount policy for Convention Center usage, based on the goal of economic enhancement for the community, and to have the authority to delegate the implementation of that policy as the City Manager sees fit.

Summary: The City Manager is requesting that the City Council approve this clarification regarding a discount policy for the Convention Center. While such authority was established many years ago and has been in practice, it has become a bit murky over the years as to when and how the authorization was granted. Because the Council adopts a fee structure for all City fees, including the Convention Center, clarifying the authorization for appropriate discounts is warranted. This Council agenda item is to provide such clarification.

It is the intent for the Convention Center Manager, Assistant City Manager and City Manager to develop a policy that will encourage economic stimulation in the community and provide flexibility to encourage usage during non-peak times at the Center for conventions, conferences, local non-profit and City Recreation usage. The emphasis of the Center is to stimulate the economy with an emphasis on bringing conventions and other events that will utilize hotel rooms in the community, a secondary priority to bring conferences and events that will provide large scale usage of the Center, but perhaps with fewer hotel rooms, and thirdly to provide for general usage of the Center for community use. The discount policy will focus on encouraging events that have high economic impact, and secondarily, to utilize the space during non-peak times and facilitate local non-profit and City Recreation usage that does not preclude use for overnight events.

While the Convention Center is subsidized by the General Fund, the goal is for the Center to operate as a business, and to limit the need for subsidy except and unless there is significant community economic incentive for a discount to be provided.

Fiscal Impact: This item confirms the authorization already in practice and is not intended to generate any further negative impact to the General Fund.

Prior Council Action: The previous authorization does not appear to have been a formal, specific action; therefore, this item is being brought forward for confirmation.

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File #: 25-0337 Agenda Date: 8/4/2025 Agenda #: 15.

Other: N/A
Alternatives: To require the Convention Center to apply only the approved rates and fees for any and all events.

Recommended Motion (and Alternative Motions if expected):

I move to confirm the City Manager’s authority to establish a discount policy for Convention Center usage, based on the goal of economic enhancement for the community, and to have the authority to delegate the implementation of that policy as the City Manager sees fit.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: Not specific
Attachments: N/A
Visalia City Council Page 2 of 2 Printed on 8/1/2025
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0341 Agenda Date: 8/4/2025 Agenda #: 16.

Agenda Item Wording:

Approval of Agricultural Conservation Easement Form - A request by Sequoia Riverlands Trust to have the agricultural conservation easement form and content filed approved as required per the City's adopted Agricultural Preservation Ordinance.

Prepared by:

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

Staff recommends that the City Council approve the form and content of the Seqouia Riverlands Trust agricultural conservation easement in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.

Summary:

Sequoia Riverlands Trust (SRT) has submitted an agricultural conservation easement document on behalf of Eric Shannon. A copy of the “Deed of Agricultural Conservation Easement” is attached to this report as Attachment 1. Unlike prior agricultural conservation easements that were created for a specific development/project subject to the City’s Agricultural Preservation Ordinance (APO), this agricultural conservation easement is being created as an “agricultural conservation easement mitigation bank” that will allow future projects to secure agricultural conservation easements for their projects on property that is already established for such purposes.

The conservation easement document being prepared will encumber 468 acres of Farmland of Statewide Importance to mitigate the future conversion of prime farmland or farmland of statewide importance for future projects that are subject to the City of Visalia’s APO. Currently, there are no specific projects that will use the “mitigation bank” at this time. Please note staff will track total acreages assigned to future projects to ensure that the “mitigation bank” retains the necessary easement acreage to satisfy project mitigation obligations of local land use authorities for those future projects.

Background Discussion:

As required pursuant to Article 3, Section 18.040.080.D “Approval of the Easement(s)” of the City of Visalia’s APO, the City Council shall approve the form and content of all agricultural conservation easements to ensure consistency with this chapter. Subsequent easement form reviews, which were initially approved by the City Council, may permit the Council to authorize a designee to review and confirm future easements as addressed in Section 18.04.080.D of the APO.

SRT is seeking approval by the City Council that the easement form and content complies with the requirements set forth in Article 3 Section 18.04.080 of the APO. Staff has reviewed the easement document submitted by SRT and concludes that the easement documents address the provisions as follows:

1. Section 18.04.080.A Easement Acquisition. The applicant shall convey, or arrange for the Visalia City Council Page 1 of 6 Printed on 8/1/2025
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File #: 25-0341 Agenda Date: 8/4/2025 Agenda #: 16.

1. Section 18.04.080.A Easement Acquisition. The applicant shall convey, or arrange for the conveyance of, an area of land meeting its preserved land obligation to a qualified entity for execution of an agricultural conservation easement thereon.

Response: The easement document clearly demonstrates that the applicant is conveying both prime farmland and farmland of statewide importance to a certified entity (Sequoia Riverlands Trust) based on the land obligation requirement to mitigate farmland being developed for future projects noted in this staff report.

2. Section 18.04.080.B.1 through 6 Eligibility of Land for Easement. The preserved land shall meet all of the following requirements to be eligible for placement in an agricultural conservation easement.

1. The preserved land shall be located in the southern San Joaquin Valley, with preference afforded to preserved land located within 10 miles of the City limits. The preserved land must be located outside any city’s limits and sphere of influence.

Response: The 468 acre site is located approximately eight (8) miles north of the Visalia City limits, within County of Tulare. The site is bordered by Avenue 384 to the north and Road 124 to the east (APNs: 047-030-004, a portion of 047-030-011, and 047-030-012).

2. The preserved land shall be designated as prime farmland or farmland of statewide importance on the most recent published Farmland Mapping and Monitoring Program (FMMP) map.

Response: The property is designated as “farmland of statewide importance” on the most recently published FMMP map.

3. The preserved land shall be a minimum of 20 contiguous acres in size.

Response: The preserved land is 468 acres.

4. The preserved land shall be zoned and planned for agricultural uses consistent with the purposes of an agricultural conservation easement.

Response: The preserved land is zoned AE-40 per the Tulare County Public Parcel Zoning Lookup Map (<https://tularecounty.ca.gov/rma/planning-building/zoning-entitlements/>).

5. The preserved land shall have at least one verified source of water.

Response: The preserved land (APNs: 047-030-004, 047-030-011 and 047-030-012) are located within the Alta Irrigation District with a 100% entitlement. Alta Irrigation District is one of the oldest irrigation districts in California and was founded in 1882. The district encompasses about 129,000 acres of which 111,000 acres are irrigated. The district has water rights to the Kings River and is an “Upper River” user with “low flow” river rights (see Attachment 2).

6. The preserved land shall not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. Such uses shall be deducted from the total acreage being preserved.

Response: The preserved land is not encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. A review of aerial Visalia City Council Page 2 of 6 Printed on 8/1/2025
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File #: 25-0341 Agenda Date: 8/4/2025 Agenda #: 16.
incompatible with the purpose of the agricultural conservation easement. A review of aerial map imagery (see attached map) does identify water wells and a reservoir with ancillary equipment on the subject parcels which are consistent with the farming operation. No other additional structure(s) or use(s) are located on the land to be conserved that would be incompatible with the purpose of an agricultural easement.

3. Section 18.04.080.C.1 through 11 Terms of Easement. The agricultural conservation easement shall be consistent with the purpose and intent of this chapter and shall include, at a minimum, the following terms.

1. The agricultural conservation easement prohibits all residential, commercial, or industrial development and any other land uses or activities that substantially impair or diminish the agricultural productive capacity of the preserved land or that are otherwise inconsistent with the conservation purposes of this chapter.

Response: SRT’s easement document addresses these items under Section 3 “Prohibited Uses”, Section 5 “Construction or Placement of Buildings and Other Improvements”, Section 6 “No Subdivision” and Section 7 “Extinguishment of Development Rights” (see Attachment 1).

2. The agricultural conservation easement prohibits the landowner from entering into any additional easement, servitude, or other encumbrance that could prevent or impair the potential agricultural use of the preserved land.

Response: SRT’s easement document addresses this item under Section 27 “Granting Subsequent Easements, Interests in Land, or Use Restrictions”. Please note that subsequent conversation may be entered into but under no circumstances shall the Grantee approve the granting of subsequent easements, interests in land, or use restrictions that might diminish or impair the agricultural productive capacity or open space character of the “Bank Property” or otherwise impair the Conservation Purpose of the Easement (see Attachment 1).

3. The agricultural conservation easement limits the construction of structures to those designed to facilitate agricultural use of the property, except that this division shall not prohibit replacement of an existing home that was present at the time the easement was established so long as the replacement of the home does not prevent the agricultural use of the property.

Secondary dwelling units or farmworker housing may also be permitted, so long as the primary use of the property is agricultural.

Response: SRT’s easement document addresses this item under Section 5 “Construction or Placement of Buildings and Other Improvements”.

4. The preserved land to be subject to the agricultural conservation easement will be either obtained from a willing seller or voluntarily conveyed by the applicant.

Response: The conservation easement document being prepared will encumber 468 acres of Farmland of Statewide Importance to mitigate the future conversion of prime farmland or farmland of statewide importance for future projects that are subject to the City of Visalia’s APO. Currently, there are no specific projects that will use the “mitigation bank” at this time.

Please note staff will track total acreages assigned to future projects to ensure that the “mitigation bank” retains the necessary easement acreage to satisfy project mitigation obligations of local land use authorities for those future projects.

5. Any existing financial liens or financial encumbrances on the preserved land shall be Visalia City Council Page 3 of 6 Printed on 8/1/2025
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File #: 25-0341 Agenda Date: 8/4/2025 Agenda #: 16.

5. Any existing financial liens or financial encumbrances on the preserved land shall be subordinated to the agricultural conservation easement.

Response: SRT’s easement document addresses this item under Section 26 “The Landowner’s Title Warranty; No Prior Conservation Easements”.

6. The agricultural conservation easement shall be approved by the qualified entity that will hold the easement and executed by all parties with an interest in the preserved land.

Response: STR prepared the Deed of Agricultural Conservation Easement that will be executed by all parties with an interest in the preserved land. The City Council on October 16, 2023, certified SRT as an entity for the purpose of holding agricultural conservation easements in accordance with the City of Visalia Agricultural Preservation Ordinance.

7. The agricultural conservation easement is in recordable form and contains an accurate legal description of the preserved land.

Response: The Deed of Agricultural Conservation Easement(s) has been prepared in a recordable form and contains an accurate legal description and map of the preserved land (see Attachment 1).

8. The agricultural conservation easement names the qualified entity as an intended beneficiary and authorizes it to enforce all terms of the easement.

Response: SRT, a California nonprofit public benefit corporation, having an address at 427 South Garden Street, Visalia, CA 93277, is named as the “Grantee”, for the purpose of forever conserving the agricultural productive capacity and open space character of the subject property.

9. The agricultural conservation easement recites that it is intended to satisfy the preserved land obligation imposed by this chapter and that it is subject to the requirements set forth in this chapter.

Response: SRT’s easement document addresses this requirement under Recitals Section C (see Attachment 1).

10. The agricultural conservation easement provides that if the qualified entity holding the easement ceases to exist, ownership of the easement shall pass to another qualified entity.

Response: SRT’s easement document addresses this requirement under Section 18 “Transfer of Easement” (see Attachment 1).

11. The agricultural conservation easement has been approved as to form by the City of Visalia, in accordance with section 18.04.080(D).

Response: Staff recommends the City Council approve SRT’s Deed of Agricultural Conservation Easement document. The easement document’s form and content demonstrate compliance with the City’s adopted APO. In addition, SRT has been confirmed by the City Council as a qualified entity for the purpose of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance.

Fiscal Impact: None.

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File #: 25-0341 Agenda Date: 8/4/2025 Agenda #: 16.

Prior Council Action:
· On November 18, 2024, the City Councial approved the form and content of Great Valley Land Trust agricultural conservation easement in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.

The conservation easement for the following:
o Approximately 24.66 acres of prime farmland in association with DH Hortons Shepherd Ranch II (formerly Iron Ridge) Tentative Subdivision Map No. 5589 (Attachment 1). o Approximately 38.42 acres of prime farmland in association with Wathen Castanos Homes Belissa Tentative Subdivision Map No. 5587 (Attachment 2). o Approximately 43.11 acres of prime farmland in association with San Joaquins Valley Homes approved “Elliot Tentative Subdivision Map No. 5597”, and recently submitted Blankship Tentative Subdivision (applications are currently being reviewed for completeness, still pending) (Attachment 3).
o In addition, approximately 14.86 acres which GVLT recognizes as conservation easement will serve as the basis for additional mitigation credits, which may be used to satisfy project mitigation obligations of local land use authorities for future projects. · On September 16, 2024, the City Council approved the form and content of Great Valley Land Trust agricultural conservation easement in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.

The conservation easement document is being prepared to mitigate the conversion of approximately 34 acres of prime farmland in association with DH Hortons “Pearl Woods Subdivision Map No. 5591”.
· On March 4, 2024, the City Council confirmed Great Valley Land Trust as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance. · On May 15, 2023, the City Council held a second reading and adopted Ordinance No. 2023- 02 (Agricultural Preservation Ordinance).
· On May 1, 2023, the City Council held a public hearing to introduce Ordinance No. 2023-02.

The City Council voted 4-0, Vice Mayor Taylor recused, to introduce and adopted Ordinance No. 2023-02 (Agricultural Preservation Ordinance).
· On March 6, 2023, the City Council received a presentation and update on the release of the draft APO. During the Work Session presentation, the consultant and staff provided an overview of the ordinance and received input from the City Council and community on the content of the draft ordinance.
· On December 5, 2022, the City Council received a presentation and provided direction regarding a series of options for the City Council’s consideration ahead of a future adoption of an APO to implement General Plan Land Use Policy LU-P-34. · On August 18, 2022, the City Council adopted Resolution No. 2022-50 which rescinded the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement to establish an Agricultural Mitigation Program (AMP) for properties converting prime farmland and farmland of statewide importance within Growth Tiers II and III. The adoption of the resolution to rescind the adoption of Resolution No. 2021- Visalia City Council Page 5 of 6 Printed on 8/1/2025
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File #: 25-0341 Agenda Date: 8/4/2025 Agenda #: 16.

Tiers II and III. The adoption of the resolution to rescind the adoption of Resolution No. 2021- 44 was based on the ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’s approval to General Plan Amendment (GPA) No. 2021- 01 and the related certification of an addendum to a previously certified environmental impact report (EIR).

Other: N/A
Alternatives:

The City Council can elect to not approve the form and content of Sequoia Riverlands Trust agricultural conservation easement.

Recommended Motion (and Alternative Motions if expected):

I move to approve the form and content of Sequoia Riverlands Trust agricultural conservation easements in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.

Environmental Assessment Status:

The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15378, it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

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

Deadline for Action: N/A
Attachments:

Attachment 1 - Deed of Agricultural Conservation Easement Attachment 2 - Alta Water District Document
Attachment 3 - Wells and Reservoir Aerial
Attachment 4 - Aerial Map of Easement Area
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Visalia City CouncilAugust 4, 2025

Visalia City Council
August 4, 2025