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Agenda packet

Visalia City Council
December 15, 2025

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Agenda packet
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December 15, 2025
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Visalia City Council
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Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
Mayor Brett Taylor
Vice Mayor Liz Wynn
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Brian Poochigian
City Council Chambers7:00 PMMonday, December 15, 2025

ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted)

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

WORK SESSION AND ACTION ITEMS (as described)

1. New Employee Introductions
Pamela Davila Lopez, Administrative Assistant (promotion) Rachel Archer, Management Analyst
Bret Adams, Project Manager
Daniel Luna, SWEEP Maintenance Service Worker
Ricardo Perez, SWEEP Maintenance Service Worker
Joshua Martin, Solid Waste Operator
Frank Lawrence II, Solid Waste Operator
Ivan Nicar, Parks and Facilities Manager
Nichol Ritchie, Finance Manager
25-0554

2. Presentation by the Fleet Maintenance Division - Presentation and updates from the Fleet Maintenance Division’s annual task and accomplishments.
25-0558

3. Federal Lobbyist Presentation - Receive presentation from Thorn Run Partners on 2025 national legislative activity and authorize option to extend annual contract with this firm for the one remaining year.
25-0529

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1 Visalia City Council Meeting Agenda - Final December 15, 2025

4. Arts Consortium Presentation - Presentation by the Arts Consortium of the activities undertaken in 2025 as part of a contract for services with the City of Visalia and approval of a contract for services for January 2026-December 2027, effective as of January 1, 2026.
25-0548

5. Live Entertainment Review and Discussion - Review of the Conditional Use Permit process for Live Entertainment, conditions applied to these uses, and potential City Council consideration and/or direction on a Live Entertainment Ordinance.
25-0575

6. Sequoia Shuttle 2025 Season Report and Direction for the 2026 Season Fare Structure - Receive a presentation on the completed Sequoia Shuttle 2025 Season and provide direction for the Sequoia Gateway Shuttle and Fare Structure for the 2026 Season. If time allows, otherwise this may be moved to the regular session.
25-0515
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION LED BY FIRE DEPARTMENT CHAPLAIN / LEAD PASTOR

ATHERTON, PIPELINE CHURCH

SPECIAL PRESENTATION / RECOGNITION
Deck the Home Recognition

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

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

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

ITEMS OF INTEREST

CONSENT CALENDAR

Page 2 of 6 ends

2 Visalia City Council Meeting Agenda - Final December 15, 2025 Consent Calendar items are considered routine and will be enacted in one motion.

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

1. Authorization to read ordinances by title only. 25-0428

2. Award Design Contract - Authorize the City Manager to award a professional design services contract to 4Creeks Inc in the amount of $264,114 for the design of Modoc Basin and the Linwood Embankment, appropriate $50,800 from the 221 Storm
Construction Fund and $35,100 from the 261 Waterways Fund, and authorize the City Manager to execute a Measure R
Supplemental Agreement with the Tulare County Transportation Authority (TCTA).
25-0494

3. 2024/25 AB 1600 Report - Request for City Council to receive, review, and file the 2024/25 Impact Fee Report as required by State Law.
25-0531

4. Award Purchase of Iteris Vector/Next Hybrid Video/Radar Detection System Cameras - Authorize the City Manager to award the purchase of three Iteris Vector/Next Hybrid Video/Radar Detection systems to Jam Services in the amount of $114,087.75. 25-0533

5. Ordinance Adoption - Second reading of ordinance 2025-14 to adopt the 2025 California Fire Code as published by the International Code Council and amended by the State of California and the City of Visalia.
25-0543

6. Consideration for fee waiver - Request from Visalia Gadabouts to utilize the Visalia Senior Center at a reduced rate for the purpose of providing programs and services for senior citizens. 25-0545

7. Award Design Contract and Accept Congestion Mitigation and Air Quality Funding - Authorize the City Manager to enter into a contract with Kimley-Horn & Associates for the design of the signal interconnect project along various corridors in the amount of $488,430, and accept $5,956,000 of Congestion Mitigation and Air Quality funds awarded for traffic signal interconnect projects at various locations and the appropriation of an additional $2,716,000 from Fund 281 State Transportation to the projects identified in this report.
25-0547

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3 Visalia City Council Meeting Agenda - Final December 15, 2025

8. Truli Building Memorandum of Understanding with the
Putignano Sister City Committee - Authorize City Manager to execute a five-year memorandum of understanding with the Putignano Sister City Committee for the use, projects and assigned maintenance of the Truli Building located at Memorial Park. 25-0551

9. Purchase of a Compact Multi-Purpose Bike Lane Sweeper - Authorize the purchase of a Multihog compact bike lane sweeper from Municipal Maintenance Equipment Company of Sacramento through the Sourcewell Cooperative Contract in the amount of $190,750 and appropriate $200,000 to cover the cost of the purchase and necessary up-fitting.
25-0552

10. Award a Contract for the Removal and Replacement of Sulfatreat 156 Media - Authorize the City Manager to award a contract to Graymar Environmental Services for the removal and replacement of Sulfatreat 156 media at the Visalia Water Reclamation Facility for a one-year term, with four annual renewal options, with an annual not-to-exceed amount of $60,000 and a total contract limit of $300,000.
25-0559

11. Notice of Completion - Request authorization to file the Final Notice of Completion for the Greenway Trail Phase 1 project from Mineral King Ave to Mill Creek.
25-0561

12. Approve a Change Order for a Blower Rental - Approve change order no. 1 with Aerzen Rental Solutions in the amount of $56,680 for the extended rental of an aeration basin blower at the Water Reclamation Facility and transfer $56,680 from the Wastewater Fund.
25-0562

13. Authorization to enter into a maintenance contract with Motorola Solutions - Authorize the City Manager to enter into a sole source five year maintenance contract with Motorola Solutions, effective July 1, 2026, for Computer Aided
Dispatch/Records Management Software totaling $1,212,020. 25-0563

14. Authorize the Abandonment of Alleyway - Adopt Resolution 2025-79 ordering the closure and vacation of a portion of public alleyway and right-of-way south of Main Street from Martin Street to Giddings Street; and further authorize the City Manager to execute the necessary documents to complete the abandonment.
(Resolution required)
25-0564

15. Extend Contract for Engineering Services - Authorize the City Manager to extend the emergency contract for Engineering plan review and related services to Interwest Consulting Group, not to exceed $200,000 for one year ending December 31, 2026.
25-0566

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4 Visalia City Council Meeting Agenda - Final December 15, 2025

16. Ordinance Adoption - Second reading and adoption of Ordinance No. 2025-15 pertaining to the approval of Zoning Text Amendment No. 2025-04: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), as to implement Program 2.7 for Missing Middle Housing, Program 3.17 for Planning for Large Sites, and Program 5.2 for Emergency Shelters, all contained in the City of Visalia 6th Cycle Housing Element. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Status: The project is Categorically Exempt from the California Environmental Quality Act pursuant to Code of Regulations Section 15061(b)(3).
25-0567

17. Construction Change Order - Request for approval of construction change order #1 in the amount of $346,736 to Agee Construction Corp for the Riggin Avenue Widening Project Kelsey St to Shirk St.
25-0569

18. Authorization to apply for the Selective Traffic Enforcement Program Grant - Authorize the Visalia Police Department to apply for the Selective Traffic Enforcement Program for Fiscal Year 2026-27 Grant for an estimated amount of $230,000 and submit the application by the 1/31/2026 deadline.
25-0570

19. Request to Continue Aquatics Facility Discussions - Authorization to continue the discussion of an aquatics facility to a date to be determined, but no later than February 17, 2026. 25-0572

20. Consent to Assign and Assume Lease of Stadium -
Authorization for the City Manager to sign the City of Visalia’s consent to the Assignment and Assumption of Lease of the City owned stadium between the current owner to the potential new owner for the Rawhide baseball team.
25-0573

21. Federal Aviation Administration Airport Terminal Program Grant and California Jobs First Grant Application
Authorization - Authorize staff to apply for the Federal Aviation Administration Airport Terminal Program for up to $4,000,000 for the Airport Terminal Replacement Project, and the California Jobs First Grant for up to $5,000,000 for the Hydrogen Plant and Bus Fueling Station Project; and appropriate $20,000 for grant writing services.
25-0582

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

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5 Visalia City Council Meeting Agenda - Final December 15, 2025

1. Public Hearing and Ordinance Adoption - Public Hearing and Introduction to Ordinance No. 2025-16 for the 2025 Building Code adoption.
25-0565

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. Upcoming City Council Meetings
Tuesday, January 20, 2026 @ 7:00 p.m. at 707 W. Acequia Monday, February 2, 2026 @ 7:00 p.m. at 707 W. Acequia
Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.

Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
25-0555

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6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0554 Agenda Date: 12/15/2025 Agenda #: 1.

Agenda Item Wording:

New Employee Introductions
Pamela Davila Lopez, Administrative Assistant (promotion) Rachel Archer, Management Analyst
Bret Adams, Project Manager
Daniel Luna, SWEEP Maintenance Service Worker
Ricardo Perez, SWEEP Maintenance Service Worker
Joshua Martin, Solid Waste Operator
Frank Lawrence II, Solid Waste Operator
Ivan Nicar, Parks and Facilities Manager
Nichol Ritchie, Finance Manager
Visalia City Council Printed on 12/10/2025Page 1 of 1
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7 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0558 Agenda Date: 12/15/2025 Agenda #: 2.

Agenda Item Wording:

Presentation by the Fleet Maintenance Division - Presentation and updates from the Fleet Maintenance Division’s annual task and accomplishments.

Prepared by: Danny Galindo, Public Works Manager, [email protected], 713-4186. Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation: Staff recommends that Council receive the presentation and updates from the City of Visalia Fleet Maintenance Division.

Summary:

The City Fleet Maintenance Shop, staffed by 13 skilled employees, is responsible for the upkeep of 687 city assets, including light and heavy-duty vehicles, emergency apparatus, and specialized equipment. The team performs preventive maintenance, repairs, drop-offs, and a wide range of operational support tasks to ensure the City’s fleet remains safe, reliable, and mission ready. Through efficient scheduling and skilled in-house repairs, Staff minimizes downtime, extends the life of vehicles, and supports all departments in delivering essential services to the community.

Background Discussion:

The City Fleet Maintenance Shop plays a critical role in supporting City operations by ensuring that all fleet assets are safe, reliable, and available when needed. Currently, the shop maintains a total of 687 assets with a team of 13 employees, providing preventive maintenance, repairs, and other essential services. The fleet includes a wide variety of vehicles and equipment, ranging from light- duty cars and trucks to heavy-duty trucks, emergency vehicles, and specialized equipment for public works, police, fire, parks, and other departments.

Through proactive maintenance and efficient in-house repairs, the shop successfully keeps 98% of the fleet up and operational at any given time, minimizing downtime and extending vehicle life while maintaining compliance with safety, and regulatory standards. Annually, the shop completes approximately 1,500 preventive maintenance work orders and 3,605 repair work orders, demonstrating the team’s dedication and productivity. Given the size and diversity of the fleet, the shop must efficiently schedule and prioritize work orders to meet operational demands, while addressing challenges such as aging equipment, increasing technological, and budget constraints.

The work of the Fleet Maintenance Shop directly impacts the City’s ability to provide critical services to the public, including emergency response, utilities, public safety, and community services.

Continued investment in staff training, tools, and maintenance processes ensures the fleet remains mission ready and supports the City’s commitment to safety, reliability, environmental compliance, and fiscal responsibility.

Visalia City Council Printed on 12/12/2025Page 1 of 2
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8 File #: 25-0558 Agenda Date: 12/15/2025 Agenda #: 2.

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

No motion required.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 12/15/2025
Attachments: Fleet Maintenance Division Presentation.

Visalia City Council Printed on 12/12/2025Page 2 of 2
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9 Fleet Maintenance
Division
10 Fleet
Maintenance
visalia.gov
Fleet Maintenance Staff
(1) Fleet Maintenance Supervisor
(1) Lead Equipment Mechanic
(10) Equipment Mechanic
(1) Equipment Mechanic Trainee
11 Fleet
Maintenance
The City of Visalia currently has 687 assets for all divisions. 1 visalia.gov
• 173 Heavy Duty Vehicles
• 385 Light Duty Vehicles
• 29 Trailers
• 100 Specialized Equipment
12 Fleet
Maintenance
1 visalia.gov
• 4,400 Work Orders in 2024, projected to exceed 5,000 in 2025 • 1,302 Preventive Maintenance in 2024, projected to exceed 1,500 in 2025 • 3,102 Repair Orders, projected to exceed 3,605
• 10-15 Daily unscheduled repairs
• 15-20 Weekly emergency road calls
Fleet Maintenance Performance Tasks
13 F l e e t
M a i n t e n a n c e
visalia.gov
Through proactive maintenance and efficient in-house repairs, the Fleet shop successfully keeps 98% of the fleet operational at any given time. • Minimizing downtime
and maximizing the
useful life of all City
owned equipment.

Preventative Maintenance
14 Fleet
Maintenance
visalia.gov
Diversity of Fleet
Maintenance and Repair
15 Fleet
Maintenance
Compliance with Regulatory Standards
visalia.gov
• Federal Motor Carrier Safety Administration
(FMCSA)
• California Department of Transportation
(DOT)
• California Air Resource Board (CARB)
• California Clean Truck Check (CTC)
• Advanced Clean Fleet (ACF)
• Bureau of Automotive Repair (BAR)
• California Water Board
• California Highway Patrol (CHP)
• Environmental Protection Agency (EPA)
• San Joaquin Valley Air Resource Board
(SJVARB)
• San Joaquin Valley Air Pollution Control
District
• Tulare County Environmental Health
Agency (HHSA).
16 F l e e t
M a i n t e n a n c e
visalia.gov
Basic Inspection of Terminals (90 Day BIT)
• Federal Motor Carriers / CHP requirement
• Every 90 days
• 143 vehicles
• Qualified to perform internal inspections
• Enforced randomly or by FMCSA safety
rating
17 F l e e t
M a i n t e n a n c e
visalia.gov
Clean Truck Check Emissions Testing
•14,000 lbs GVWR or more
•173 vehicles included
•Bi-annual testing
•Quarterly testing starting 2026
18 F l e e t
M a i n t e n a n c e
visalia.gov
Smog Check
• Regulate and enforcement by Bureau of
Automotive Repair
• Manage 385 vehicle smog checks bi-annually
19 Fleet
Maintenance
Fueling and Fuel Island Maintenance
visalia.gov
• 7 Fueling Sites
• Dispensed 249,240 gallons of gasoline
• Dispensed 108,032 gallons of diesel
• Manage Fuel Compliancy Testing
• Manage Inventory
• Manage maintenance contracts
20 Fleet
Maintenance
1 To assist in minimizing downtime, staff manages and maintains $1.3 million of parts inventory. The City has contracts with all major OEM brands and Equipment for sales, parts, and service to help keep our Fleet of equipment maintained to the highest standards.
visalia.gov
Parts Inventory
21 Fleet
Maintenance
visalia.gov
22 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0529 Agenda Date: 12/15/2025 Agenda #: 3.

Agenda Item Wording:

Federal Lobbyist Presentation - Receive presentation from Thorn Run Partners on 2025 national legislative activity and authorize option to extend annual contract with this firm for the one remaining year.

Prepared by: Devon Jones, Economic Development Manager, [email protected], (559) 713- 4190.

Department Recommendation: Staff recommends the City Council receive the report from Greg Burns of Thorn Run Partners, provide any feedback for 2026 federal legislative activity or the City’s Federal Agenda, and authorize the option to extend the existing annual contract for the one remaining last year.

Summary:

The current contract was approved on December 6, 2021, beginning on January 1, 2022, with the option of up to four (4) additional 1-year options. This will be the fourth and final option of this contract. The City has used the same lead lobbyist since 2010.

Background Discussion:

Greg Burns will provide an overview of federal legislative activity for the 2025 session and some of the strategies his firm employs as a legislative advocate for the City. Mr. Burns has come each year to Council to present an overview of the previous legislative session, to discuss the activity of interest to the City, and to give an overview of the legislative and regulatory environment at the Federal level.

Mr. Burns has been a very responsive representative for the City and has helped to establish contacts and gain insights from various federal agencies and officials on matters affecting the City.

The City Manager, Assistant City Manager and Economic Development Manager work directly with Mr. Burns and, when necessary, Mr. Burns meets with and provides insights to other city staff. Some of the items Mr. Burns and Thorn Run Partners have assisted the City with this year include:
- $2 million request for the Groundwater Recharge Basin project in the House version of the Interior and Environment Appropriations bill through the Environmental Protection Agency at the request of Representative Fong.
- $250,000 request for the Riggin Ave. project in the House version of the Transportation Housing and Urban Development Appropriations bill at the request of Representative Costa. - Advocated to preserve Tax-Exempt Municipal Bond authority for local governments. - Advocated for a permanent expansion of the Low-Income Housing Tax Credit in the One Big Beautiful Bill Act, which is critical for the development of nearly all affordable housing across the country.

Over the next year, Mr. Burns and Thorn Run Partners will assist the City of Visalia to continue seeking federal funding, track Federal Housing Legislation such as the ROAD to Housing Act and Visalia City Council Printed on 12/12/2025Page 1 of 2
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23 File #: 25-0529 Agenda Date: 12/15/2025 Agenda #: 3. seeking federal funding, track Federal Housing Legislation such as the ROAD to Housing Act and impacts to permanent supportive housing funding as a result of recent changes to the Continuum of Care program, and track potential changes to transit funding as a result of proposed changes to surface transportation funding. Additionally, they will continue to represent the City’s interests in Washington D.C. and help Staff track matters of potential impact to the City. Along those lines, attached is the Federal Agenda for Council’s review. Should Council have any specific recommendations to consider, please provide any appropriate feedback at this time.

Fiscal Impact: The contract amount is status quo from last year and is in the current budget.

Prior Council Action:

December 16, 2024 - Received a presentation and authorized additional one year extension of contract.

Other: N/A
Alternatives: Per Council direction.

Recommended Motion (and Alternative Motions if expected):

I move to receive the federal lobbyist report and authorize the extension of the existing Thorn Run contract for the fourth and final year.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 12/15/2025
Attachments:

1. Visalia 2025 Review PowerPoint Presentation

2. Thorn Run contract extension request letter

3. Federal Agenda
Visalia City Council Printed on 12/12/2025Page 2 of 2
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24 City of Visalia
Federal Legislative Update
2025 Review
G r e g B u r n s
T h o r n R u n P a r t n e r s
25 PRESIDENT TRUMP 2.0 ADMINISTRATION
Executive Orders
 210 Executive Orders signed (as of early November)
 150+ lawsuits filed
 31 EO’s permanently blocked, 86 temporarily
blocked, and 21 blocked pending appeal
Passage of One Big Beautiful Bill Act
 Primarily an extension of 2017 Trump 1.0 era tax
cuts + new cuts for businesses and individuals
Federal Government Shutdown
 Lasted 43 days
 House out of session for 53 days
26 FEDERAL FUNDING
Fiscal Year 2026 Funding Process
 Four of six requests supported by delegation;
two projects funded in House bills
 $2 million for the Groundwater Recharge
Basin
 $250,000 for the Riggen Ave. project
 Congress passed 3 of 12 appropriations bills to
fund the government for FY 2026
 Positive sign that they can finish additional
bills
 2 of the 3 full-year bills include community
funded projects (CFP), like those for Visalia
 Will soon work with staff on FY 2027 CFP
requests.
27 OTHER ADVOCACY EFFORTS: EXPIRATION OF THE BIL
 Bipartisan Infrastructure Law, incl.
surface transportation programs
expire September 30, 2026
 BIL was a roughly $1.2 trillion, 5- year
law passed in November 2021
 ~$650 billion was for surface
transportation authorization
 ~$550 billion was spending for
transportation and other
programs
 New bill will have far less money
 Fewer competitive programs, more
money directly to state DOT’s for
traditional highway programs
 Concerned about lack of support for
transit
28 OTHER ADVOCACY EFFORTS: EXPIRATION OF THE BIL
29 OTHER ADVOCACY EFFORTS: HOUSING ISSUES
 ROAD to Housing Act
 Reduce regulatory barriers
 Incentivize housing development
near transit
 Streamline permitting
 Expand financing for affordable and workforce housing  New grant and incentive programs tied to housing outcomes  House also looking to HOME Program changes
 Homelessness Funding
 Major changes to the Continuum of Care program
 Less emphasis on permanent supportive housing
 Permanent Expansion of Low-Income Housing Tax Credit via OBBBA 30 OTHER ADVOCACY EFFORTS
 National Flood Insurance
Program, thousands of policies in
Visalia
 Program lapsed during shutdown
 No policy renewals or new
policies written
 Program on 34th short term
extension since 2017
 Policy affordability remains key goal
 Tax Exempt Bond authority
maintained
31 OTHER ADVOCACY EFFORTS: FEMA REFORM
 FEMA traditionally approves federal support after disasters based on amount of damage compared to population
 Proposed increase to disaster declaration per capita threshold for entire state, from $1.89 to $7.56 per person
 Minimum damage threshold for CA would now be more than $298M  Smaller disasters will be left to states and local governments  71% of disasters nationwide from 2008 - 2024 would not have qualified  $41B in disaster assistance would have been shifted to state and local governments  Federal cost shares should not exceed 75%
 Deny Category G – recreational facilities PA funding for “non-critical facilities”  Admin says this would have saved $3.2 billion over the past decade  No new Hazard Mitigation Grant Program money
 HMGP $$$ traditionally = 15% of the amount FEMA will spend on a disaster  FEMA Review Council report released Dec. 11
32 OTHER ADVOCACY EFFORTS: FEMA REFORM
33 OTHER ADVOCACY EFFORTS
 Re-exploration of Essential Air
Service
 Cancellation of federal funding for
hydrogen projects initiated during
prior Administration, like ARCHES
 Transportation grant support
 Working with Congress on the
FAA’s approval of the City’s Airport
Layout Plan
34 CITY OF VISALIA FEDERAL ADVOCACY SUCCESSES
 Retain the Cigna call center
 Helping deliver millions of dollars in federal grants and earmarks  Working to reduce flood insurance rates and increase private insurance options
 Helping the City transition from partnering with the Essential Air Service program to securing a beneficial federal airport development grant  Ensuring continuation of the alternative fuel tax rebate  Fighting against significant fee increases by the National Park Service  Securing the renewal of a five-year cooperative agreement with the National Park Service to continue the Sequoia Shuttle
35 100 M St. SE – Ste. 750 | Washington D.C. 20003 | (202) 849-8523 | [email protected]

December 1, 2025

Leslie Caviglia, City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93292

Dear Leslie and members of the City Council:

When we shared our last annual federal advocacy update with the City towards the end of 2024, former President Biden was completing his term in office, President Trump had won the election, and we were hopeful Congress would finish its work on pending government funding legislation as they typically do before the end of the year.

As you know, things since then have been hectic. Congress never completed work to fund the government for Fiscal Year (FY) 2025, instead relying on a full -year Continuing Resolution (CR) to continue operations at FY 2024 levels for another year. President Trump has begun his second term in office even more focused on achieving his goals, as evidenced by his rapid rate of Executive Orders (EO), with more than 210 signed as of early November. Those EO’s have b een met with equal vigor by his opponents, leading to more than 150 lawsuits filed on orders as diverse as immigration, tariffs, and federal agency restructuring, among others. That has led to at least 31 EO’s that have been permanently blocked, 86 temporarily blocked, and 21 blocked pending appeal.

Meanwhile, we just endured the longest government shutdown in history, one lasting 43 days, with the House of Representatives out of session for 53 days. However, we remain optimistic that the next several months could lead to a flurry of meaningful legislation, although there are other issues on the horizon about which we remain concerned.

Federal Funding
Given that Congress was unable to complete its work on the FY 2025 funding process and instead reverted to an FY 2024 CR, all community projects were dropped from consideration last March, including two we had put forward in 2024 on behalf of the City. Th is spring, we resurrected those two projects and aggressively pursued four others as well. While four of the six projects were requested by members of your Congressional delegation, two have been funded thus far, including:

36 100 M St. SE – Ste. 750 | Washington D.C. 20003 | (202) 849-8523 | [email protected]  $2 million for the Groundwater Recharge Basin project in the House version of the Interior and Environment Appropriations bill through the Environmental Protection Agency at the request of Representative Fong.
 $250,000 for the Riggen Ave. project in the House version of the Transportation Housing and Urban Development Appropriations bill at the request of Representative Costa.

When Congress ended the recent government shutdown, they passed a CR to fund the government through January 30. However, they also passed three (of twelve) full-year appropriations bills for a few federal agencies, two of which included community project requests. While the City’s projects are in two of the remaining nine bills, we feel optimistic Congress could complete work on bills that would codify the City’s projects in the next two-plus months.

We will also soon begin to work with City staff to develop future project ideas for the FY 2027 funding process.

Other Advocacy Efforts
In terms of other areas of engagement, we have engaged in several big -picture activities that are meaningful for Visalia:

 Transportation Authorization and Federal Support for Public Transit : As we reach the end of the Bipartisan Infrastructure Law (BIL), which included a surface transportation authorization plus additional funding for a variety of infrastructure projects, we have consistently raised concern that the next iteration of the surface transportation law will look much different than the BIL. First, there will be far less money, much of that will be directed to states for traditional highway formula programs, and transit funding could come under attack. Unfortunately, we have just learned that the Administration will propose to Congress that that the next transportation bill not direct any Highway Trust Fund revenue to transit, nor allow transfers from each states’ highway fund to support transit (some states do this more than others). These proposals, if enacted by Congress, would be a signific ant blow to transit nationwide. While we do not think they will become law, they represent what we have foreshadowed and heighten our concern that transit funding will be a major flashpoint in the next surface transportation reauthorization debate.

 Federal Housing Legislation: The Renewing Opportunity in the American Dream (ROAD) to Housing Act of 2025 is a bipartisan federal housing proposal aimed at increasing housing supply, improving affordability, and modernizing federal housing programs. The bill w as included in the Senate -passed National Defense Authorization Act (NDAA) in October , meaning there is a chance it could become law prior to the end of the year. T he ROAD to Housing Act would be one of the most consequential federal housing reform efforts in years.

It combines measures to reduce regulatory barriers, incentivize housing development near transit, streamline permitting, and expand financing for affordable and workforce housing.

The bill would also increase local governments’ access to fede ral resources through new grant and incentive programs tied to housing outcomes.
37 100 M St. SE – Ste. 750 | Washington D.C. 20003 | (202) 849-8523 | [email protected]  Federal Homelessness Funding : T he Department of Housing and Urban Development's (HUD’s) Continuum of Care (CoC) program is the primary federal funding stream to address homelessness. Last week, HUD released the FY 2025 CoC notice of funding availability (NOFO), which included dramatically altered program criteria that could significantly impact how local governments use funding for homelessness related services. Currently, approximately 87 percent of prior -year CoC funds are allocated to permanent housing, including permanent supportive housing (PSH) and rapid rehousing. The new NOFO limits how much CoC funding communities can spend on PSH to 30 percent, which could force a reallocation of funds from PSH programs to other programs, like transitional housing, emergency shelter, or new Supportive Services Only projects. The Kings/Tulare Homeless Alliance is the CoC in the region and last year received more than $3.5 million from the Coc program, providing for PSH in Visalia as well as elsewhere in the region.

 Low-Income Housing Tax Credit: The One Big Beautiful Bill Act (OBBBA, reconciliation bill that primarily expanded and extended the 2017 Trump tax cuts) included a permanent expansion of the Low -Income Housing Tax Credit, which is critical for the development of nearly all affordable housing across the country.

 Tax-Exempt Municipal Bond Authority: Equally as important, the OBBBA did not eliminate or reduce the ability of local governments to benefit from letting tax-exempt municipal bonds, although there was a real risk that it may do so to pay for other portions of the bill.

 National Flood Insurance Program: With thousands of properties in the City in mandatory purchase zones for the NFIP, debates surrounding the future of the program remain critical.

While the NFIP was negatively impacted by the government shutdown, it can write and renew policies again now. Congress still has been unable to agree on a long -term reauthorization for the program, instead relying on its 34 th short-term extension since 2017. Policy affordability remains a key goal, ensuring that premiums are not increasing faster than incomes, even while Risk Rating 2.0 continues to be implemented.

 FEMA Reform: Apart from the latest rumors that FEMA Headquarters may move to Texas, the Administration has quiet ly ushered in a variety of reforms that impact the federal government’s response to disasters. Specifically, i n April, the Administration proposed increasing the disaster declaration per capita threshold from $1.89 to $7.56 per person , which will have the effect of limiting the number of disasters that receive federal support. In California, the new minimum damage threshold would now be ~$ 298.6 million to qualify for federal engagement, a significant increase. This change would have meant that 71 percent of disasters nationwide from 2008 - 2024 would not have qualified for federal support, shifting $41 billion in federal disaster assistance to state and local governments during that time.

FEMA also proposes to not support federal cost shares exce eding 75 percent, costing state and local governments significantly more after disasters as the typical prior cost share was 90 percent. FEMA also proposes to not cover reimbursement for Category G, or recreational facilities, which will leave local governments with significantly more responsibility to rebuild 38 100 M St. SE – Ste. 750 | Washington D.C. 20003 | (202) 849-8523 | [email protected] such community assets. Finally, the Administration will stop approving new allocations of Hazard Mitigation Grant Program funding, which historically had been allocated at rates equaling 15 percent of the amount FEMA intended to spend on a disaster, eliminating key funding for projects to improve resilience after a disaster. Meanwhile, Congress has proposed its own set of bi -partisan reforms, but these remain silent on all FEMA has already implemented and the fate of the legislation is unclear, as is Administration support for such a bill. Finally, the FEMA Reform Council, appointed by the President when he took office, is expecting to release their report on additional changes to FEMA that could be released very soon.

 Waters of the United States : This month, t he EPA released a proposed rule entitled "Updated Definition of "Waters of the United States" continuing the trend of administration- driven interpretations of federal water protections. The ru le significantly narrows the definition of WOTUS, limiting the scope of the Clean Water Act (CWA) and removing many wetlands and isolated streams from federal jurisdiction. The revisions shift the CWA toward protecting permanent, standing, or continuously flowing bodies of water. A regulatory impact analysis estimates that only around 19 percent of wetlands in the U.S. will remain federally protected by the new WOTUS. A future administration may revise the definition again, although any changes would still need to comply with the constraints imposed by the Supreme Court's ruling on Sackett v. EPA.

 ADA Website Accessibility: We reminded the City of a Department of Justice rule mandating compliance with new ADA website accessibility standards, compliance with which is due in late April 2026, although the Administration has indicated that they may modify or delay the rule.

Other Initiatives
In other areas of engagement, we have supported the investigation of the City’s potential participation in the Essential Air Service program, monitored federal funding for hydrogen projects, assisted with the development of two transportation grants, and worked with your Congressional delegation and the FAA to attempt to finalize the City’s Airport Layout Plan, which is critical for future airport development, among other things.

Contract Extension
To continue our work on behalf of the City, we propose a contract from January 1, 20 26, through December 31, 2026 for a monthly fee of $7,000 plus expenses, which we offer to cap at $3,000 for the year. This is the same fee for which we have worked during the past year.

Thank you again for the opportunity to represent the City of Visalia in Washington, D.C. I look forward to continuing our work together.

Sincerely,
39 100 M St. SE – Ste. 750 | Washington D.C. 20003 | (202) 849-8523 | [email protected]

Gregory D. Burns
40 City of Visalia, California
2022 Federal Legislative Agenda

41 Prepared by Thorn Run Partners for the

Visalia City Council

Mayor Steve Nelsen Vice-Mayor Brian Poochigian
Council Member Greg Collins Council Member Brett Taylor Council Member Liz Wynn

Questions regarding the information in this book may be directed to:

Greg Burns Leslie Caviglia
(202) 849-8523 (559) 713-4317

March 2022

42 - Page 1 -
City of Visalia, California
2022 Federal Legislative Agenda

Transportation and Infrastructure
Infrastructure Investment
Monitor implementation of the Infrastructure and Investment and Jobs Act. Support all opportunities to secure funding for the City of Visalia’s infrastructure priorities. Support continued federal investment in infrastructure, including water infrastructure and for the transition to electric vehicles, charging infrastructure, and electric grid reliability. Support the City’s investment in public and active transportation priorities and any efforts to secure federal funding.

Alternative Fuel Tax Incentives
Support the retroactive extension of a $0.50 per gallon equivalent tax incentive for natural gas when used as a motor fuel.

Federal Aviation Administration Authorization; Airport Improvement Program Support adequate annual appropriations for the Airport Improvement Program. Support any City of Visalia airport grant proposals through the FAA’s Airport Improvement Program.

Water Resources and Environment
Central Valley Water Resources
Support efforts to improve water resources in the San Joaquin Valley and the State of California, including supporting additional storage, protecting existing storage facilities, and supporting funding for water recharge, conservation efforts, and other tools that would help the Kaweah Basin reach its sustainability goals as outlined in the Mid-Kaweah Groundwater Sustainability Plan. Monitor Bureau of Reclamation water release proposals as they relate to the San Joaquin River Restoration Program.

National Flood Insurance Program
Monitor Congressional activities related to the reauthorization of the National Flood Insurance Program, particularly with regard to the cost of flood insurance in Visalia. Oppose future attempts to force residual risk or other premiums onto homeowners behind certified flood control structures. Monitor FEMA’s implementation of the Risk Rating 2.0 program. Monitor FEMA’s next steps regarding changes to the NFIP Floodplain Management Standards.

Wildfire Policy
Support efforts to reform federal wildfire budgeting to enable the Forest Service to use more of their annual budget on forest management rather than fire suppression. Support using disaster funding to respond to forest fires and provide robust post-fire mitigation money to improve future fire prevention and forest health activities to improve air quality in the region and the health our forests.

Waters of the United States
Monitor activity related to the Waters of the U.S. rule. Oppose aspects of the rule that would negatively affect the City of Visalia.

Clean Air Act
Support the San Joaquin Valley Air Pollution Control District’s efforts to seek improvements to the Clean Air Act, including routine review of health-based air quality standards, clean air objectives that are technology-forcing, and clean-air deadlines that ensure expeditious clean-up and timely action. Support 43 - Page 2 -
amendments to the Act to eliminate current confusion, restore Congressional leadership in clean air policy, and maintain and strengthen the health protection core of the Act.

Public Safety
Federal Funding of Public Safety Programs
Support continued adequate funding for the wide variety of Department of Justice and Department of Homeland Security grants, i.e., Community Oriented Policing Services, Byrne Justice Assistance Grants, Emergency Management Performance Grants, Assistance to Firefighters Grants, and Staffing for Adequate Fire and Emergency Response Grants. Support the City of Visalia’s application for these funds.

Police Reform
Monitor federal police reform proposals for impacts to local public safety officers.

Cannabis Legislation
Monitor federal marijuana policy that may impact the City of Visalia.

Social Services & Economic Development
Homeless Assistance
Support increased annual funding for Department of Housing and Urban Development Homeless Assistance Grants, including the Continuum of Care program, and for other types of funding that would assist local governments in helping address issues and provide options for people experiencing homelessness, including mental health funding. This includes supporting other agencies that may garner funding to be used locally, such as the Tulare/Kings Continuum of Care, which in FY 2020 received $2.5 million in federal formula funding which was distributed to several local service providers to help address homelessness.

Affordable Housing
Support legislation to improve the availability of low-income housing, including through the Low- Income Housing Tax Credit. The Low-Income Housing Tax Credit (LIHTC) program has been the most significant federal resource for creating affordable housing in the United States today. Created in 1986, the LIHTC gives State and local LIHTC-allocating agencies the equivalent of approximately $8 billion in annual budget authority to issue tax credits for the acquisition, rehabilitation, or new construction of rental housing targeted to lower-income households. An average of almost 1,400 projects and 106,400 units were placed in service annually between 1995 to 2018. In California, the LIHTC-administering agency is the California Tax Credit Allocation Committee.

Department of Housing and Urban Development Formula Programs Support adequate funding for the Community Development Block Grant and HOME Investment Partnerships programs for future fiscal years.

Economic Development Administration Programs
Support continued funding of the Economic Development Administration which often funds infrastructure projects, including several over the past decade in Visalia. Support City of Visalia Economic Development Administration grant applications.

Supplemental Nutrition Assistance Program
Support funding of the Supplemental Nutrition Assistance Program (SNAP) to help food-insecure families, stimulate local economies, and relieve pressure on other human services programs.

44 - Page 3 -
General Government Issues
National Park Service – Sequoia Shuttle and Park Fees
Support the Sequoia Shuttle partnership between the National Park Service and the City of Visalia.

Oppose significant increases to park entrance fees that would negatively impact tourism and the ability of City residents to visit the Park.

Siting of Wireless Facilities
Oppose legislation that would preempt local government control and force local governments to lease publicly-owned infrastructure for the installation of “small cell” wireless towers. 45 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0548 Agenda Date: 12/15/2025 Agenda #: 4.

Agenda Item Wording:

Arts Consortium Presentation - Presentation by the Arts Consortium of the activities undertaken in 2025 as part of a contract for services with the City of Visalia and approval of a contract for services for January 2026-December 2027, effective as of January 1, 2026.

Prepared by: Jason Glick, Parks and Recreation Director, (559)713-4042, [email protected].

Department Recommendation: It is recommended that the Visalia City Council authorize the City Manager to execute a two-year contract with the Visalia Arts Consortium for services in 2026 and 2027. The contract totals $46,029 for 2026, which includes $30,529 for general service delivery and $15,500 for event and public art production. For 2027, the contract totals $46,944, including $31,444 for general services and $15,500 for event and public art production. The general service allocation reflects a 3% increase for general services in 2026, and a 3% increase in 2027. Staff are recommending that the contract be effective as of January 1, 2026.

Summary:

Extension of contract with Arts Consortium for January 2026 - December 2027. The proposed two- year contract includes a 3% increase in each year for general services, consistent with amounts currently included and proposed in the appropriate City budgets. The contract is divided into two sections: one covering general services as defined in the agreement, and $15,500 allocated specifically for events and art production.

The proposed contract calls for the Consortium to:
· Secure the services of an administrator or executive director to work on Visalia-related arts programs and planning for a minimum of 16 hours per week. · Implement, to the extent feasible within the administrator’s 16-hour per week schedule, the following elements of the City’s Cultural Plan:

1. Develop, maintain, and distribute an annual coordinating calendar.

2. Update the community calendar at least weekly and provide the same information to appropriate media outlets, hotels, and other community partners.

3. Maintain the Arts Consortium website with weekly updates.

4. Maintain an active Facebook page.

5. Assist with at least five arts-related events annually in Visalia by performing at least two of the following activities for each event: distributing information or publicity materials; meeting with key organizers and providing organizational information or data such as Visalia City Council Printed on 12/11/2025Page 1 of 3
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46 File #: 25-0548 Agenda Date: 12/15/2025 Agenda #: 4. forms, applications, and agreements; providing calendar listings; providing mailing lists; providing facility or venue information and guidelines; and serving on the organizing committee.

In addition, the Consortium will produce the Taste the Arts special event in the fall of 2026 and 2027.

Background Discussion:

The Visalia Arts Consortium serves as the official arts council for Tulare County. As a nonprofit organization, it advocates for the arts, promotes creative expression, and provides meaningful opportunities for both artists and art enthusiasts. Its mission is to ensure that the arts are an integral part of daily life by fostering community connection, celebrating cultural diversity, and linking artists, organizations, and the public through a wide range of programs and events.

Key functions of the Arts Consortium include:
· Advocacy: Championing the role of the arts as an essential component of a vibrant, thriving community.
· Promotion: Showcasing local artists and cultural events throughout Tulare County, including major initiatives such as the South Valley Art Tour and the monthly First Friday Art Walk. · Opportunities: Offering programs, community grants, and creative platforms that encourage participation in and celebration of the arts.
· Community connection: Acting as a central hub where artists, organizations, and art lovers can collaborate, network, and grow.
· Membership: Providing membership options for individuals and organizations, which may include benefits such as discounted booth space at special events.

Since 2008, the City of Visalia has partnered with the Arts Consortium through an annual service contract that provides funding for arts programming and event coordination. Through this collaboration, the Consortium delivers cultural programs, projects, and services that the City would otherwise need to produce using its own staff, facilities, and resources.

Traditionally, City staff have allocated funds to support established arts events, including the annual Taste the Arts festival, set for October 14, 2026 (with the 2027 date still to be announced), and the First Friday art walks held each month in Downtown Visalia. While funding has occasionally supported new initiatives in past years, staff recommend continuing support for these well-loved and consistently successful recurring events over the next two years.

Fiscal Impact: 2026 $46,029 and 2027 $46,944
Prior Council Action: None
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

Visalia City Council Printed on 12/11/2025Page 2 of 3
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47 File #: 25-0548 Agenda Date: 12/15/2025 Agenda #: 4.

I move to authorize the City Manager to enter into a two-year contract with the Visalia Arts Consortium for calendar years 2026 and 2027 in the amounts of $46,029 and $46,944 respectively.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 12/15/2025
Attachments: Arts Consortium Agreement and Presentation Visalia City Council Printed on 12/11/2025Page 3 of 3
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48 COOPERATION AGREEMENT

THIS AGREEMENT is made and entered into pursuant to a minute order adopted by the City Council of the City of Visalia at its meeting held on the ____________ (“Effective Date”), by and between the Visalia Arts Consortium, Inc., a California nonprofit corporation, with a mailing address at 340 E. Oak Avenue, Suite 112 Visalia, California hereinafter referred to as “Consortium”, and the City of Visalia, a municipal corporation of the State of California, hereinafter referred to as the “City”.

WITNESSETH:

WHEREAS, City has developed and adopted a cultural arts plan (“the Plan”); and

WHEREAS, in furtherance of the Plan, City desires to obtain the services of a third party organization to, among other things, publicize and coordinate various cultural art events and to administer an arts grant program; and

WHEREAS, Consortium is duly incorporated pursuant to the California Nonprofit Public Benefit Corporation Law and is authorized by law to provide the services contemplated by this Agreement; and

WHEREAS, Consortium may, in performing services contemplated herein, determine that other opportunities for furthering the cultural arts in Visalia exist, and may suggest other ways that Consortium and City may cooperate on additional projects; and

WHEREAS, Consortium desires to secure a funding source that will enable it to obtain the services of an executive director for the purpose of performing the services contemplated herein; and

WHEREAS, Consortium will secure the services of an administrator; and in accordance with the terms and conditions set forth herein to render such services.

WHEREAS, City is empowered to contract with Consortium in accordance with the terms and conditions set forth herein to render such services.

NOW, THEREFORE, in consideratio n of the above premises, City and Consortium do hereby agree to the following:

1. TERM OF CONTRACT.

The term of this Agreement shall commence upon execution by the parties and shall remain in effect until December 31 , 2027 unless and until terminated pursuant to the applicable terms hereof.

2. CONSORTIUM’S RESPONSIBILITIES.

Consortium shall provide the following services:

A. Secure the services of an administrator or executive director on at least a 16-hour-per-week basis.
49 B. Implement, to the extent possible within a 16 hour per week schedule of a Consortium administrator or executive director, the following elements of City’s Plan:

i. Develop, maintain, and distribute an annual coordinating calendar. ii. Update the community calendar at least weekly, and provide same information to appropriate media outlets, hotels, and other outlets.

The goal is to have at least 500 Visalia arts and culture events listed on the calendar in the next year. (Events are listed by days so one event that runs for 5 days would equal 5 listings.)
iii. Maintain the Arts Consortium website with updates at least weekly. iv. Maintain an active Facebook (or similar social media website) page with a minimum of 50 postings during the year. Hold general and subcommittee meetings as needed to implement the City’s Cultural Plan.
v. Assist with at least 5 arts-related events a year in Visalia by performing at least 2 of the following activities for each event:
information distribution or publicity, meet with the key organizers and provide organizational information or data such as forms (special events, applications, agreements, etc), provide calendar listings, provide mailing lists, provide facility or venue information and guidelines, serve on the organizing committee. In addition, produce the Taste the Arts special event in the fall of 2024 and 2025.

3. CITY’S RESPONSIBILITIES.

City will assist Consortium in providing the aforementioned services by temporary and occasional use of space, materials, equipment, postage, and mail handling services on an as-needed basis to the extent that they are available and at a level to be determined by the City Manager or their designee.

A. Consortium's use of resources provided by the City shall be scheduled by and subject to the approval of the City Manager or their designee.

B. City will pay to Consortium the sum of $30,529 in 2026 and $31,444 in 2025 for the express purposes of employing the Consortium’s Administrator or Executive Director and other expenses related to Visalia portion of the Consortium’s activities. Consortium shall provide proof that it has secured the services of an Executive Director (or Administrator as the case may be) for no less than 16 hours per week.

The Executive Director shall be an employee or independent contractor of the Consortium and shall have no employment relationship with the City. Payment for this portion of the contract will be made in two equal payments, one after January 1, of each year, and one after July 1, of each year. Payments will be made within 30 days of receipt of an invoice for the appropriate amount.

C. City shall also provide up to $15,500 in 2026 and $15,500 in 2027 for use in sponsoring specific Visalia events, namely the Taste the Arts event and for live/in-person First Friday events. Said money may instead be 50 utilized for live art performances, lessons, demonstrations, or public art for the community benefit, in accordance with the processes developed in conjunction with City staff, should any or all of the events not be held.

Payment for this portion of the contract will be upon confirmation of the event(s) and within 30 days of receipt of an invoice for the appropriate sponsorship amount.

D. City shall have no duty, obligation, or liability of any kind to Consortium, to Consortium’s employees, officers, agents, vendors, or subcontractors, or to anyone or party whatsoever, to make any payment except as provided by this Agreement.

4. PAYMENT OF COSTS INCURRED BY CITY ON BEHALF OF CONSORTIUM.

A. City may not solicit, receive, accept, or distribute any donations or grants nor create costs in the name of Consortium without the prior written approval of Consortium.

B. In the event City and Consortium agree that City shall incur costs for a Consortium project for which Consortium agrees to reimburse City, the City shall determine the method of billing for and payment of such costs, subject to approval by Consortium.

5. PROJECT AGREEMENT

A. City and Consortium may identify a specific event or project that is not encompassed within the services to be provided pursuant to this agreement, and in such event, the parties will enter into a separate agreement ("Project Agreement") for each project pertaining to the City indicating the specific responsibilities of City and Consortium. No such additional project or event shall be undertaken until each such agreement has been executed by the President of the Consortium and the City's City Manager. The Project Agreement shall, at a minimum, identify project budgets, respective funding responsibilities, fundraising mechanisms that are available and acceptable (for example, naming rights, sales price, schedules, where applicable), project scope, and respective responsibilities for administration of physical construction of projects where applicable (including, whether volunteer labor will be a component of the project, who will be responsible for such labor, and how the value of such labor will be accounted for).

B. A Project Agreement shall be entered into for the following general types of projects that entail: i) fundraising and obtaining of private donations which will paid to the City to offset the specific cost of a specific cultural event or project; i) the joint underwriting and planning of cooperative fundraising events or programs, the net proceeds of which will be used in Consortium activities for an identified benefit to the City; ii) the joint underwriting and planning of a community-wide event; or iv) the obtaining of a grant from a third party source for a cooperative project.

Neither the City nor the Consortium shall undertake any of the above 51 noted activities without first entering into a Project Agreement which details the agreed approach.

6. CONSORTIUM INITIATED PROJECTS.

Consortium may initiate projects to be undertaken on City facilities and recreation areas. However, said projects will be subject to express City approval (in the form of a Project Agreement as required herein) with the understanding that such projects will become the property of the City with all right, title, interest, and responsibility for same becoming the City's upon completion. A separate agreement will be drafted for each such project and said project may not be undertaken before execution of said agreement by parties herein.

7. CONFLICT OF INTEREST.

Consortium and its agents and employees shall comply with all applicable federal, state and City laws and regulations governing conflict of interest. To this end, Consortium will make available to its agents and employees copies of all applicable federal, state and City laws and regulations governing financial disclosure and conflict of interest.

8. TERMINATION.

City or Consortium may terminate this Agreement at any time during the term of this Agreement subject only to providing the other party sixty (60) days' written notice which shall be served as provided in Paragraph 19 of this Agreement. All operations under this Agreement shall cease on and after the sixtieth (60th) day following service of notice of termination, and the obligations under this Agreement shall cease on that date, except said obligation that accrued prior to the termination date which shall be fulfilled in accord with the Agreement.

9. USE OF SERVICES.

This Agreement is founded on the premise that the program contemplated is for the purpose of furthering the objectives recited herein and that the services provided under this Agreement are within the power of City and Consortium to provide. In the event that program monitoring discloses that said services are not being used for that purpose or that City or Consortium has adopted or amended its Bylaws amended its Articles of Incorporation with the result that, as determined by the City Manager and/or the President of Consortium, Consortium's or City's policies or programs conflict with the purposes of this Agreement, Parties may immediately terminate this Agreement, and neither shall be entitled to further services.

10. PROGRAM ADMINISTRATION.

This Agreement will be administered jointly by the City Manager or their designee and the President and/or Board of the Consortium. City's Agreement Coordinator shall be its City Manager or his/her designee. That person shall have the authority to administer City's obligations under this Agreement on behalf of the City. Consortium' Agreement Coordinator shall be its President or their designee. That person shall have the authority to administer Consortium's obligations under this Agreement on behalf of Consortium.

52 11. INDEMNIFICATION/INSURANCE.

Indemnification: City and Consortium agree to indemnify, defend, protect and hold harmless each other, their agents, officers, employees and volunteers (the "Indemnified Parties") from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, except those stemming from the active negligence and/or willful misconduct of the Indemnified parties, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with each parties obligations, operations, or its services hereunder.

Insurance - Liability: Throughout the term of this Agreement, at Consortium's sole cost and expense, Consortium shall keep or cause to be kept in force, for the mutual benefit of City and Consortium, comprehensive broad form general public liability insurance against claims and liability for personal injury, death, or property damage arising from the activities carried out pursuant to the Agreement and any Project Agreement, providing protection for bodily injury or death to any one person, at least $1,000,000 for any one accident or occurrence, and at least $1,000,000 for property damage. Also, at Consortium's sole cost and expense, Consortium shall keep or cause to be kept in force, workers' compensation insurance as required by law.

Insurance - General Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. Al such policies shall be non- assessable and shall contain language, to the extent obtainable, to the effect that (1) any loss shall be payable notwithstanding any act or negligence (except active negligence or willful misconduct) of City that might otherwise result in a forfeiture of the insurance, (2) the insurer waives the right of subrogation against City and against City's agents and representatives and the City waives the right of subrogation against Consortium and against Consortium's agents and representatives, (3) the policies are primary and noncontributing with any insurance that may be carried by City, (4) they cannot be canceled or materially changed except after 30 calendar days written notice by the insurer to City or City's designated representative identified in Paragraph 20 of this Agreement, and (5) City shall be named an additional insured. Consortium shall furnish City with binders representing all insurance required by this Agreement.

Consortium may apply for its own account any insurance not required under this Agreement. Consortium may provide by blanket insurance covering the activities and any locations affected by this Agreement. Consortium shall deliver to City, in the manner required for notices, copies or certificates of all insurance policies required by this Agreement, together with evidence satisfactory to City of payment required for procurement and maintenance of the policy, within thirty (30) calendar days after the execution of this Agreement and at least 30 calendar days before expiration or other termination of an existing policy.

If Consortium fails or refuses to procure or to maintain insurance as required by this Agreement or fails or refuses to furnish City with required proof that the insurance has been procured and is in force and paid for, City shall have the right at City's election and on 5 days' notice, to procure and maintain such insurance.

53 12. ASSIGNMENT.

This Agreement, or any provision hereof or any right or obligation arising hereunder, is not assignable by either party in whole or in part, without the express written consent of the other party.

13. BINDING EFFECT.

All of the provisions of this Agreement and any amendment thereto shall extend to and be binding upon and inure to the benefits of the successors of the respective parties.

14. NONDISCRIMINATION AND CIVIL RIGHTS COMPLIANCE.

A. Parties hereby certify and agree that they will comply with Title VI of the Civil Rights Act of 1975, Title XI of the Education Amendments of 1975, Title XI of the Education Amendments of 1972, where applicable, and Title 43, Part 17 of the Code of Federal Regulations, Subparts Aand B, to the end that no persons shall, on the grounds of race, creed, color, national origin, political affiliation, marital status, sex, age, or handicap, be subjected to discrimination under the privileges and use granted by this Agreement or under any project, program or activity supported by this Agreement.

B. Parties certify and agree that all persons employed thereby, are and shall be treated equally without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age or handicap and in compliance with all federal and state laws prohibiting discrimination in employment, including, but not limited to, the Federal Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the State Fair Employment Practices Act.

C. Parties certify and agree that subcontractors, bidders and vendors thereof are and shall be selected without regard to or because of race, creed, color, national origin, political affiliation, marital status, sex, age, or handicap.

D. All employment records, subject to lawful privileges and protections of employee information, shall be open for inspection and re-inspection at any reasonable time during the term of this Agreement for the purpose of verifying the practice of non-discrimination by Consortium in the areas heretofore described.

E. If either Party finds that any of the above non-discrimination provisions have been violated, the same shall constitute a material breach of contract upon which either Party may determine to cancel, terminate or suspend this Agreement.

15. RELIGIOUS PROSELYTIZING AND PARTISAN PROPAGANDIZING.

Services under this Agreement will be used exclusively for performance of the work required under this Agreement and no services made available under this 54 Agreement shall be used to promote any religious or partisan activities.

16. COMPLIANCE WITH LAWS.

The parties agree to be bound by all applicable federal, state and local laws, ordinance, and directives insofar as they pertain to the performance of this Agreement.

17. GOVERNING LAW.

This Agreement shall be construed in accordance with and governed by the laws of the State of California.

18. SEVERABILITY.

The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.

19. NOTICE.

Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested.

All notices to City shall be sent addressed to the following:

City Manager
City of Visalia
220 N Santa Fe
Visalia, CA 93292

All notices to Consortium shall be sent addressed to the following:

President of Visalia Arts Consortium or Executive Director 340 E. Oak Avenue Suite 112
Visalia, CA 93291

20. WAIVERS.

The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach.

21. CONSTRUCTION.

This Agreement reflects the contributions of both parties and accordingly the provisions of Civil Code Section 1654 shall not apply to address and interpret any uncertainty.

22. NO THIRD PARTY BENEFICIARIES INTENDED.

Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

55 23. EXHIBIT AND RECITALS.

The Recitals and any Exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

24. ATTORNEY’S FEES.

If any action, proceeding, or arbitration arising out of or relating to this Agreement is commenced by any party to this Agreement the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, reasonable attorneys' fees, costs and expenses incurred in the action, proceeding, or arbitration by the prevailing party.

25. FURTHER ASSURANCES.

Each party agrees to execute any additional documents and to perform any further acts which may be reasonably required to affect the purposes of this Agreement.

26. EFFECTIVE DATE.

This Agreement shall become effective as of the date of approval by the City Council of the City of Visalia.

27. ENTIRE AGREEMENT/MODIFICATION
This Agreement represents the entire Agreement between the City and Consortium as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.

IN WITNESS WHEREOF, Parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. By their signatures, each party represents that they are authorized to sign the Agreement and bind the respective signing party.

CITY CONSORTIUM
City of Visalia Arts Consortium

By: _________________________________ By: _________________________________ Leslie Caviglia, City Manager President

Approved as to Form

____________________________________
City Attorney

____________________________________
Risk Management
56 THE ARTS CONSORTIUM IS A 501C3 NON-PROFIT ORGANIZATION THAT BRINGS TOGETHER

ARTISTS, ORGANIZATIONS, AND ART ENTHUSIASTS IN ORDER TO ADVOCATE, PROMOTE,

AND PROVIDE VISALIA RESIDENTS AND VISITORS WITH OPPORTUNITIES TO CREATE AND CELEBRATE THE ARTS.

PARTNERS:

MAJOR FUNDERS:
57 PROGRAMS:

My Voice Media Center
• Weekly art training as Mental Health outreach
• In-person and online sessions
• Partnered with CASA of Tulare County to deliver Youth Sessions 17 Unique Sessions in 2023-2025
Intro to 2d/3d Art – Acrylic Painting – Drawing – Photo Editing – Visual Voices – Rescued Wood – Photography – Printmaking – Video Editing – No Stigma Speaker’s Bureau (NSSB) Practice – NSSB Speaking Engagements – One on one Peer Support – Art and Feelings – The Art of Movement – Participant appreciation days – MOCA Museum Trip – Zen Garden Trip 58 MVMC PARTICIPANTS IN OUR COMMUNITY
- Participants share their work or stories during Crisis Intervention Trainings for Tulare County Police officers
- 9 Showed their artwork at a local cafe
- 12 Showed their artwork at a local arts festival
- 8 participants traveled to the MOCA and Broad Museums 59 2025 TASTE THE ARTS
- 10 ORGS DELIVERED FREE INTERACTIVE ACTIVITIES
- 5,500 ESTIMATED IN ATTENDANCE
- 89 ARTIST BOOTHS FEATURING MORE THAN 100 INDIVIDUAL

ARTISTS
- 10 INTERACTIVE ARTS ACTIVITY BOOTHS

TYPEWRITER POETRY/OPEN MIC

GIANT PAINTABLE BOOK

CERAMIC HANDBUILDING

LOOM WEAVING
CHILDREN’S COLORING AND ART EXHIBIT

PAINTABLE SCULPTURE
ART CAFÉ

BLOCK PRINTS, STEAMROLLER PRINTS, SCREEN PRINTS
- 10 STAGE PERFORMANCES
VALLEY LIFE CHARTER SCHOOL, KID’S

EDITION/DYNAMIX, SIERRA PERFORMING ARTS CENTER, ARTS
CONSORTIUM’S QUICK DRAW, DANCER’S EDGE/TRIPLE

THREATS, ELITE DANCE ACADEMY, ASHLEY ROSE, ECOS

ETERNOS, DANCE ARTS, RAVE DANCE COMPLEX
PROGRAMS:
60 PROGRAMS:

FIRST FRIDAY
- 12 year-round art walk in downtown Visalia
- 14 participating venues
- 100 to 350 people attend on average every month
61 PROGRAMS:

Yarezly Aiyanna Navarro
2025-2026
Poetry Out Loud Champion
Poet’s Own Voice Showcase: Sofia Craven and Michael K. Mills Caydince Huston
2025-2026
Tulare County Youth Poet
Laureate
• Poetry Out Loud – All County High Schools Welcome
• In partnership with the Tulare County Office of Education • County Championships held annually in Downtown Visalia • Regular participation count averages 1,000 high school students • $1000 prize for county champion
62 PROGRAMS:
• South Valley Art Tour – Countywide art studio tour
• March 29 and 30, 2024 (March 28 - 29, 2026)
• 32 artists invite Tulare County residents and visitors into their creative spaces to give a “backstage” look at
how the art is made.
• Artists participated from Exeter, Porterville, Three Rivers, Tulare, and Visalia 63 PUBLIC ART PROJECTS:
2024
• Oakwood Drive Bridge
Project – 4 Granite art
tiles
• Old Stage Coach Road
Bridge Project – 4
Mosaic art tiles
BOS CAO Photography Project
2025 – Finished:

BOS CAO Photography Project
2025 – 2026:

M46 Curved wall – 4 Ceramic art
tiles
M109 – 2 Mosaic art tiles
64 65
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0575 Agenda Date: 12/15/2025 Agenda #: 5.

Agenda Item Wording:

Live Entertainment Review and Discussion - Review of the Conditional Use Permit process for Live Entertainment, conditions applied to these uses, and potential City Council consideration and/or direction on a Live Entertainment Ordinance.

Prepared by:

Colleen Moreno, Assistant Planner, [email protected], (559) 713-4031; Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025
Department Recommendation:

Receive the staff report, presentation and provide staff with comments and/or direction on changes to the current process of live entertainment, additional conditions that should be applied to businesses that host live entertainment or provide direction for staff to begin the process of drafting a Live Entertainment Ordinance.

If staff receives direction to begin the process of drafting a Live Entertainment Ordinance, staff will present a future work session item to the City Council on items that may be included in this type of ordinance before a full draft is presented to the Council and the public. Similar to other new draft ordinance considerations, staff will also conduct public outreach to businesses and others that host and/or inquired about the possibilities of hosting live entertainment within their commercial establishments for their input prior to presenting a draft ordinance to City Council at a future meeting.

Summary:

The purpose of this work session item is to provide the City Council with an overview of how the City of Visalia processes live entertainment request for businesses seeking to host live entertainment within their establishments, the standard operating and security conditions applied to these types of request, which have been revised over time, and to seek potential Council direction on whether staff should pursue the framework for a comprehensive Live Entertainment Ordinance to streamline permitting, improve compliance, and support economic vitality while maintaining public safety and neighborhood compatibility.

History of Conditional Use Permit Live Entertainment Process:

The City of Visalia has long recognized the importance of the downtown area, which represents the center of the city offering a wide range of commercial establishments, stores, restaurants, mixed with offices and some residential uses. In addition to being a major center for employment, there are several commercial establishments that have been approved, via a discretionary review process and subject to operating conditions, that offer various live entertainment options in the latter part of the evening which are intended to be ancillary to the primary commercial establishments use (i.e., bona fide restaurant). These live entertainment approvals are recognized as a way to provide the downtown with a variety of entertainment options for patrons to enjoy dancing, singing, and listening Visalia City Council Printed on 12/12/2025Page 1 of 7
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66 File #: 25-0575 Agenda Date: 12/15/2025 Agenda #: 5. to local artists in the late evening hours, and on the weekends.

The Visalia Zoning Ordinance (Title 17) defines Live Entertainment as follows:
"Live Entertainment" means the performance by one (1) or more of any of the following performed live with amplified sound by one (1) or more persons, whether or not done for compensation and whether or not admission is charged: (I) musical act, including karaoke; (ii) theatrical act, including a play, revue, or stand-up comedy;(iii) dance;(iv) magic act;(v) disc jockey; or (vi) similar activity.

Any business seeking to offer live entertainment as part of their business requires the submittal and approval of a Conditional Use Permit (CUP) for that establishment to host live entertainment, which may include live amplified musical act, DJ performances, dancing, comedy shows, karaoke, and/or similar activities. The CUP process ensures that conditions/requirements are applied and adopted to help safeguard and protect patrons and compatibility between the entertainment use and adjacent properties. The CUP process includes staff review (Building, Fire, Police, and Planning), public hearing notices to property owners and businesses/tenants within 300-feet of the site, and Planning Commission approval which is subject to a 10-day appeal period.

Currently, there are 14 establishments that have obtained CUP live entertainment approvals with a majority of these establishments in the downtown/east downtown area, one along the East Main Street near Mineral King Avenue and the other on South Fairway Street east of Mooney Boulevard.

For a full list of the business establishments, location, and the year their CUP was approved along with additional information, please see Attachment ‘A’.

With all live entertainment CUP’s,each has been approved with a variation of general conditions, operating conditions, and security conditions adopted for each live entertainment use, although the wording over time for these conditions has been refined with each new live entertainment CUP. The following are abbreviated examples of conditions from more recently approved live entertainment CUPs that have been adopted:

Standard Operating Conditions:
· That the site be developed and maintained in substantial conformance with the site plan, floor plan and operational statement. Any changes to their operation are subject to review by the City Planner and may subsequently be required to be reviewed by the Planning Commission. · For restaurants: That the establishment be maintained as a bona fide restaurant. At all times during normal mealtime hours, the site shall act as a bona fide restaurant with a full menu offering complete meals. The land use shall not operate primarily as a nightclub or live entertainment venue.
· For microbreweries: That the land use shall maintain operation primarily as a microbrewery or taproom as defined in VMC 17.63.030. This operation allows for the service of brewed beverages with or without the service of food. The land use shall not operate primarily as a nightclub or live entertainment venue.
· Public sidewalks shall be kept clear for pedestrian use. Patrons waiting to enter the business shall be formed in a single orderly line outside of the front door of the business. · Public sidewalks directly adjacent to the site shall be monitored to prevent loitering, noise, littering and related issues during and after any activities. · Patrons shall use only the main entrance doors of the business to enter and exit the business Visalia City Council Printed on 12/12/2025Page 2 of 7
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67 File #: 25-0575 Agenda Date: 12/15/2025 Agenda #: 5. except in the event of an emergency.
· The City Planner may initiate a Conditional Use Permit revocation hearing pursuant to Visalia Municipal Code Section No. 17.38.040, based on documented evidence of failure to comply with any conditions, or if the business is declared a Public Nuisance.

Live Entertainment Conditions (Please note the entertainment conditions listed below are examples of conditions recently adopted for a live entertainment use that identified only three days entertainment is to be provided and elected to not have DJs as an option for live entertainment within their establishment. This condition is not intended for Council to interpret that staff is recommending only three days live entertainment be allowed nor is staff recommending DJs being prohibited as a live entertainment option.)
· Live entertainment shall only be permitted on Thursday, Friday, and Saturday and only during the hours of 7:00 p.m. to 10:00 p.m. Live entertainment shall be restricted only to comedy shows, karaoke, and live amplified musical acts as defined in Visalia Municipal Code section

17.04.030. Live musical acts are defined for the purposes of this conditional use permit as a vocal or instrumental performance by a natural person(s) who is physically present in the establishment while delivering the performance and while this definition shall include karaoke performances involving the live singing of songs over prerecorded backing music, it specifically excludes disc jockeys. For purposes of this Conditional Use Permit, a disc jockey shall be defined as a person(s) whose performance consists of selecting or manipulating prerecorded music on equipment, and a disc jockey shall not be considered a live musical act.

Disc jockeys are hereby expressly prohibited from performing within this establishment.

Karaoke performances are an exception to the prohibition on disc jockeys to the extent these two defined terms might be considered overlapping. Any form of dancing by patrons and guests at this restaurant establishment is permitted during live entertainment. This condition does not prohibit unamplified musical accompaniment in the micro-brewery by no more than two (2) performers, including patrons, without dancing. In addition, ambient music, whether amplified or not amplified, that is recorded or being played from a radio, jukebox, or similar device that is not audible to a reasonable person within twenty feet from any portion of the exterior of the building that is intended to provide ambience and not to entertain shall also be allowed, this includes playing prerecorded music during karaoke performances or in between persons singing during a karaoke performance. Any subsequent change to the nature of live entertainment shall require an amendment to the Conditional Use Permit. · There shall be no adult entertainment as defined in Visalia Municipal Code Chapter 17.62, including no lingerie/bathing suit shows.
· During live entertainment, the operator shall regularly maintain the area under their control in an effort to prevent loitering of persons about the premises. No alcoholic beverages shall be consumed on any public areas adjacent to the licensed premises under the control of the licensee.
· During live entertainment, patrons waiting to enter the business during days and hours live entertainment is permitted shall be required to form one single orderly line outside of the front door of the business for any patron(s) waiting to enter and/or for any patron(s) that exited the building and are seeking re-entry, and shall keep the public sidewalk area directly in front of the business open and clear for public pedestrian use. This standing waiting area shall be defined by use of a portable non-permanent rope or metal railing fence style system that Visalia City Council Printed on 12/12/2025Page 3 of 7
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68 File #: 25-0575 Agenda Date: 12/15/2025 Agenda #: 5. defined by use of a portable non-permanent rope or metal railing fence style system that creates a separation between the area patrons waiting in line and the public use area of the sidewalk. The sidewalk shall have a minimum of four-foot clearance for unimpeded pedestrian traffic use. The uniformed licensed security personnel shall require patrons to remain in line and shall regularly maintain the area under their control free of alcohol, monitored to prevent patron loitering, and litter during and after live entertainment activities cease.

Security Conditions:
· A copy of the approved and signed Security Plan shall be provided to Visalia Police Department and Visalia Code Enforcement prior to beginning live entertainment hours. · That the owner/operator shall hold and implement the security plan, as approved by the Visalia Police Department, on the premise at all times. · During the days and hours live entertainment is permitted, all security personnel hired to ensure the safety of patrons within the establishment and patrons waiting to enter the establishment shall be licensed security guards and shall comply with the uniform requirements set forth in California Business & Professions code section 7582.26 · During the days and hours live entertainment is permitted, the licensed uniformed security personnel and management staff shall maintain a count of and accurately report the total number of persons in the building upon immediate request by either the Building Official, Fire Marshall, police officer, or code enforcement officer.
· Designate an adequate number of security personnel who will monitor and control the behavior of customers inside the building, any portable non-permanent rope or metal railing style system patron queue on the public sidewalk for the business, and any private parking lot under the establishment's control. The security personnel must all be security guards with a valid license issued by the California Bureau of Security and Investigative Services. The licensed security personnel may be employees of the establishment or licensed security personnel retained from a licensed security firm. All on-duty licensed security guards shall comply with the uniform requirements set forth in California Business & Professions code section 7582.26.

For a full comprehensive overview of general, live entertainment, and security conditions that have been adopted for recent live entertainment CUP’s, please refer to Attachment ‘B’.

When these establishments fail to properly comply with the conditions/requirements imposed on them to ensure entertainment activities are done in a manner to protect their patrons, unruly behavior can result. The City of Visalia has to apply significant staff resources to monitor and combat this type of behavior to avoid negative impacts to the downtown area, surrounding businesses, and to the safety of visitors to the downtown area. As a result of failing to adhere to their live entertainment conditions, two businesses that host live entertainment were issued CUP suspension letters and staff initiated the revocation process. One business opted to revise the type of live entertainment provided while the other elected not to appeal the revocation and ceased their business operation.

Compliance Details:

To further aid in ensuring businesses comply with live entertainment conditions, recently the City’s Neighborhood Preservation Division (Code Enforcement) along with the Visalia Police Department have done late night detail checks on establishments that have live entertainment CUPs. Two detail checks were performed by Code Enforcement and Visalia Police Officers on October 18, 2025, and November 26, 2025. Although no major violations were found, staff found that several of these Visalia City Council Printed on 12/12/2025Page 4 of 7
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November 26, 2025. Although no major violations were found, staff found that several of these businesses did not have copies of their CUP conditions on the premises, which is a condition of live entertainment CUPs. In addition to the detail, letters to both the property owner and business address that have live entertainment were mailed out reminding “owners”that authorization to host live entertainment activities within their establishment is subject to the conditions adopted when their Conditional Use Permit was approved and adherence to these conditions is required at all times when live entertainment activities are occurring. Copies of the approved and signed resolution for live entertainment activities were also enclosed with this letter. Failure to comply with adopted conditions will result in immediate action to correct non-compliance including potential fines and suspension of the Conditional Use Permit if the non-compliance issues are found to be egregious. A copy of the letter mailed out on September 19, 2025, is provided as Attachment ‘C’.

Considerations for Potential Direction from City Council:

1. Maintain the Current CUP Process (Status Quo)
Council could elect to maintain the current CUP process for live entertainment request, which will result in no additional regulatory changes. Each request will be reviewed on a project-by-project basis. The current CUP process provides a project-specific review tailored to each establishment which provides staff with the ability to impose case-by-case operating conditions. As with all CUPs, the City may initiate the process to revoke or modify live entertainment CUPs if the business fails to comply with their conditions.

However, staff would note that there are some limitations with our current process, including enforcement challenges due to live entertainment conditions that are not similar across all CUPs approved over the past 10 years as the wording in the conditions has changed over time and may not address current operating trends and security guard requirements. In addition, the current process does not distinguish low-impact entertainment that some business owners contend a CUP should not be required.

2. Initiate Development of a Live Entertainment Ordinance Council may elect to direct staff to begin drafting a live entertainment ordinance that may include the following:
· Clear definitions for the types of entertainment (e.g., amplified, non-amplified, DJ, incidental, special event).
· Standardized operating and security conditions that can be applied citywide to address the following:
- Licensed security guard requirements rather than using employee staffing for security detail.
- Noise standards that put the onus on the business owner to ensure compliance with City Noise Ordinance.
- Hours of operation that live entertainment may be permitted. - Requirement for a detailed crowd management plan including how patrons are managed in front of the business when the business closes. - Requirement for a detailed security plan that details the establishment shall use licensed security guards and shall comply with the uniform requirements set forth in Visalia City Council Printed on 12/12/2025Page 5 of 7
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California Business & Professions code section 7582.26
- Potential consideration for an administrative live entertainment permit for low impact uses with standard operating conditions. A CUP could potentially not be required if the business ceases live entertainment by 10:00 pm or earlier. - CUP requirement for venues with high-intensity or late-night entertainment (after 10:00 pm).
- Consideration of potential limitations on the number of live entertainment CUPs issued within a geographical area.

Continued Inquires on Live Entertainment Considerations:

Planning staff continues to receive inquiries from business owners, predominantly small restaurants and micro-breweries, on the process and requirements to host occasional live entertainment within their business. These conversations have resulted in a mix of issues that business owners find frustrating at times due to the cost of the CUP, timing to get the CUP to Planning Commission, and the uncertainty if their CUP for live entertainment gets approved.

While there are several establishments that operate as conditioned, City staff continues to address issues related adequacy of security measures and late-night crowd management. These issues highlight tension between supporting a vibrant business environment and maintaining public safety.

Fiscal Impact: None.

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

Receive the staff report and presentation and direct staff to proceed based on either of the two options provided in the staff report.

If directed by the City Council to begin a live entertainment ordinance, staff will return with an overview of a draft ordinance to be presented at a future work session to go over the details contained in the draft ordinance prior to seeking direction to proceed with moving forward with a live entertainment ordinance through the public hearing process.

Environmental Assessment Status: None required. This is an informational staff report and any direction to proceed with potential updates to an ordinance; staff will address environmental processing at that time.

CEQA Review: None.

Deadline for Action: 12/15/2025
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Attachments:

1. Attachment ‘A’ - Aerial Map of Live Entertainment Locations

2. Attachment ‘B’- Comprehensive overview of general, live entertainment, and security conditions

3. Attachment ‘C’- Compliance Reminder - Live Entertainment CUP Conditions dated September 19, 2025

4. Live Entertainment Presentation 12.15.2025
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72 Business Name Location CUP No. Date Approved Type Hours Days Licensed Secuirty Add'l COA DJ/live entertainment 10:00am-2:00am Thurs/Fri/Sat
3-piece group, nonamplified music10:00am-2:00am Sun - Wed 2 Cellar Door 101 W Main St 2009-17 3/23/2009 DJ/Bands/Live entertainment 7:00pm - 2:00am Mon - Sun Yes 3 Rookies 215 W Main St 2011-18 12/9/2024 Live Bands
9:00pm - 12:00am Fri-Sat, and either Wed,
Thru. Sun
Yes All exterior doors and windows shall remain closed, No DJ and live entertainment shall only be permitted three nights per week
4 Visalia Brewing Company (VBC) 112 W Main St 2012-12 4/9/2012 DJ/Live Music Acts/Karaoke or similar9:00pm-1:00am 6 nights per week Yes Allowed live entertainment 6 nights per week 5 5th Quarter 3360 S Fairway St 2014-24 11/10/2014 DJ/Bands/Live entertainment 9:00pm-2:00am Wed-Sat No No dacning before 9:00 pm, non-amplified live entertaiment permitted before 9:00 pm
6 Sequoia Brewing Company 124 W Main St 2014-28 12/8/2014 DJ/Live Music Acts/Karaoke (or similar) 11:00am-12:00am Fri -Sat Yes No dance floor 11:00am - 9:00pm Sun - Thurs
11:00am-11:00pm Fri -Sat
8 Barrelhouse Brewery 521 E Main St 2017-23 6/26/2017 Bands/Live Music 11:00am-9:00pm Sun - Sat NO, only for ticketed events No DJ, no dancing 9 Simply Brewing 609 E Main St 2019-44 4/27/2020 Live entertainment 11:00am - 9:00pm Mon - Sun NO, only for ticketed events No DJ, no dancing 10 Tavern (formerly Corby's) 221 E Main St 2021-12 5/24/2021 Live entertainment 9:00pm-11:00pmFri -Sat NO, only for ticketed events No DJ, allows "open mic night" on other days Till 9:00pm Sun - Thur
Till 11:00pm Fri -Sat
13 Los Culichis 309 E Main St 2023-27 2/12/2024 DJ/Karaoke/Bands 9:00pm-2:00am Thurs/Fri/Sat Yes No more than 99 ppl, without sprinklers 14 Longshot Brewery 511 E Main St 2025-30 12/8/2025 Bands, Comedy Shows, Karaoke 7:00pm - 10:30pm Thurs/Fri/Sat Yes DJ/host for karaoke allowed, no dancing 7 11
2005-40
2016-31
2021-35
333 E Main St 2/13/2006 Yes
Wine Buff 114 S Locust St NO No Dancing, no full bands Single performer1/10/2022 Bands/Live Music 11:00am-10:00pm Tues - Sun2023-30 NO, only for "event nights" No organized dancing allowed, No DJ Live Entertainment CUPs
Salty Walrus12 2415 E Valley Oaks Dr
Blended Wine Room 115 E Main St Live musical acts NO No dancing12/12/2016 10/23/2023
1 Crawdaddy's
Attachment "A"
73 Rookies
215 W Main
CUP 2011-18
Tavern
221 E Main St
CUP 2021-12
Sebby’s
229 E Main St
CUP 2025-05
Los Culichis
309 E Main St
CUP 2023-27
Crawdaddy’s
333 E Main St
CUP 2005-40
Cellar Door
101 W Main St
CUP 2009-17
VBC
112 W Main St
CUP 2012-12
Sequoia Brewing
124 W Main St
CUP 2014-28
Court StC o u r t S t
Locust StL o c u s t S t
Church St C h u r c h S t
Bridge StB rid ge S t
Main StM a i n S t
Garden StG a r d e n S t
Main StM a i n S t
Santa Fe StSanta Fe St
Liberty StL ib e r t y S t
Simply Brewing
609 E Main St
CUP 2019-44
Barrelhouse
521 E Main St
CUP 2017-23
Map of approved Live Entertainment CUPs
Main Street: between Locust St. and Liberty St.

Not Shown
Salty Walrus
2415 E Valley Oaks
Drive CUP 2023-30
Blended
115 E Main St
CUP 2016-31
Center AveCenter Ave Center AveCenter Ave
Acequia AveAcequia AveAcequia AveAcequia Ave
Wine Buff
114 S Locust
CUP 2021-35
Longshot
Brewery
511 E Main St
CUP 2025-30
Attachment "A"
74 Map of approved Live Entertainment CUPs
Salty Walrus
2415 E Valley
Oaks Dr.

Salty Walrus
Attachment "A"
75 Map of approved Live Entertainment CUPs
5th Quarter
5 Quarterth
3360 S Fairway
Attachment "A"
76 Conditions COA # CUP Notes
General Conditions
CUP developed consistent with the comments and conditions of the SPR No. , incorporated herein by reference 1, 1 Longshot, Sebby's, Rookies That the site be developed and maintained in substantial conformance with the site plan (Exhibit X), floor plan (Exhibit X) and operational statement (Exhibit X); (notwithstanding any required conditions below and/or imposed by State Dept of ABC). Any changes to their operation are subject to review by the City Planner, and may subsequently be required to be reviewed by the Planning Commission. 2, 2, 1 Longshot, Sebby's, Rookies That the land use shall maintain operation primarily as a microbrewery or taproom as defined in VMC 17.63.030. This operation allows for the service of brewed beverages with or without the service of food. The land use shall not operate primarily as a nightclub or live entertianment venue. 3 Longshot The project shall be required to comply with the Standard Operating Conditions found in Visalia Municipal Code Section 17.63.040. 4 Longshot Patrons shall use only the main entrance doors (Main St) of the business to enter and exit the business except in the event of an emergency. 5, 11, 12 Longshot, Sebby's, Rookies There shall be no exterior advertising of any kind promoting or indicating the availability of alcoholic beverages within the business. This does not include advertising placed within the business directed to the outside. 6, 17, 13 Longshot, Sebby's, Rookies No pool or billiard table shall be maintained upon the premises. Any request to incorporate pool or billard tables shall require an amendment to this conditional use permit. 7 Longshot
No video/arcade games, pool or billiard table shall be maintained upon the premises. Any request to incorporate video/arcade, pool or billard tables shall require an amendment to this conditional use permit. 18, 14 Sebby's, Rookies Public sidewalks shall be kept clear for pedestrian use. Patrons waiting to enter the business shall be formed in a single orderly line outside of the front door of the business. Public sidewalks directly adjacent to the site shall be montiored to prevent loitering, noise, littering and related issues during and after any activities. 8 Longshot
The maximum occupany limit will be established by the Visalia Building Department and Fire Marshal shall be posted an not exceeded. 9, 14, 8 Longshot, Sebby's, Rookies Inspections by City representatives, including the City's Building Offficial, Fire Marshal, Police Officers, Firefighters and Code Enforcement Officers, on the premises may be conducted at any time during business hours to validate conformance with the conditions of approval.10, 15, 10 Longshot, Sebby's, Rookies The City Planner may initiate a Conditional Use Permit revocation hearing pursuant to Visalia Municipal Code Section No. 17.38.040, based on documented evidence of failure to comply with any conditions of: a. Failure to comply with or enforce the conditions of CUP No. 2025-30. b. All Conditions and Requirements of the California Department of Alcoholic Beverage Control license issued to this business. c. Al applicable federal, state and city laws, codes and ordinances. d. If the busines sis declared a Public Nuisance pursuant to Chapter 8.40 "Nuisances" of the Visalia Municipal Code.11, 19, 15 Longshot, Sebby's, Rookies Any subsequent owner(s)/operator(s) of the establishment who chose to utilize this conditional use permit for live entertainment shall provide a signed and notarized letter to the Planning and Community Preservation Department Director acknowledging their acceptance and agreement to comply and meet all conditions of approval for Conditional Use Permit No. 2025-30. 12Longshot All applicable federal, state and city laws, codes and ordinances be met, including all necessary licenses and conditions from the California Department of Alcoholic Beverage Control. 13, 23, 19 Longshot, Sebby's, Rookies That subsequent owners/operators of the restaurant facility who choose to utilize this CUP for entertainment and dancing shall (provide a signed and notarized) sign a letter (to the Planning and Community Preservation Department Director acknoledging their) acceptance and agreement to all the conditions of CUP No. XXXX-XX. 22, 17 Sebby's, Rookies
All of the conditions and responsibilities of this amended conditional use permit (CUP No. 2011-18) shall run with the land. The property owner and business operator shall keep on-site at all times a copy of the approved resolution and conditions and shall provide a copy of this resolution and conditions of approval to any and all subsequent owners/operators who shall also be subject to all of the conditions herein, unless amended or revoked. 9 Rookies That the establishment be maintained as a bona fide restaurant. At all times during normal meal hours the site shall act as a bona fide restaurant with a full menu offering complete meals. 7 Sebby's
Live Entertainment Conditions
Live entertainment shall only be permitted on Thursday, Friday, and Saturday and only during the hours of 7:00 p.m. to 10:00 p.m. Live entertainment shall be restricted only to comedy shows, karaoke, and live amplified musical acts as defined in Visalia Municipal Code section 17.04.030. Live musical acts are defined for the purposes of this conditional use permit as a vocal or instrumental performance by a natural person(s) who is physically present in the establishment while delivering the performance and while this definition shall include karaoke performances involving the live singing of songs over prerecorded backing music, it specifically excludes disc jockeys. For purposes of this Conditional Use Permit, a disc jockey shall be defined as a person(s) whose performance consists of selecting or manipulating prerecorded music on equipment, and a disc jockey shall not be considered a live musical act. Disc jockeys are hereby expressly prohibited from performing within this establishment. Karaoke performances are an exception to the prohibition on disc jockeys to the extent these two defined terms might be considered overlapping. Any form of dancing by patrons and guests at this restaurant establishment is permitted during live entertainment. This condition does not prohibit unamplified musical accompaniment in the micro-brewery by no more than two (2) performers, including patrons, without dancing. In addition, ambient music, whether amplified or not amplified, that is recorded or being played from a radio, jukebox, or similar device that is not audible to a reasonable person within twenty feet from any portion of the exterior of the building that is intended to provide ambience and not to entertain shall also be allowed, this includes playing prerecorded music during karaoke performances or in between persons singing during a karaoke performance. Any subsequent change to the nature of live entertainment shall require an amendment to the Conditional Use Permit. 14Longshot There shall not be more than one amplified live entertainment act occurring simultaneously on the premises. 15, 6 Longshot, Sebby's There shall be no adult entertainment as defined in Visalia Municipal Code Chapter 17.62, including no lingerie/bathing suit shows.17, 8, 6 Longshot, Sebby's, Rookies During live entertainment, the operator shall regularly maintain the area under their control in an effort to prevent loitering of persons about the premises. No alcoholic beverages shall be consumed on any public areas adjacent to the licensed premises under the control of the licensee.18, 9 Longshot, Sebby's Attachment "B"
77 During live entertainment, the operator shall be responsible for maintaining the premises and public areas immediately in front of and adjacent to the site free of litter. 19Longshot
During live entertainment, patrons waiting to enter the business during days and hours live entertainment is permitted shall be required to form one single orderly line outside of the front door of the business for any patron(s) waiting to enter and/or for any patron(s) that exited the building and are seeking re-entry, and shall keep the public sidewalk area directly in front of the business open and clear for public pedestrian use. This standing waiting area shall be defined by use of a portable non-permanent rope or metal railing fence style system that creates a separation between the area patrons waiting in line and the public use area of the sidewalk. The sidewalk shall have a minimum of four-foot clearance for unimpeded pedestrian traffic use. The uniformed licensed security personnel shall require patrons to remain in line and shall regularly maintain the area under their control free of alcohol, monitored to prevent patron loitering, and litter during and after live entertainment activities cease. 20, 10, 7 Longshot, Sebby's, Rookies Live entertainment shall only be permitted three nights per week and only during the hours of 9:00 p.m. to 2:00 a.m.. 3 Sebby's Building Permit Requirements (i.e. sprinklers) prior to live entertainment. 4 Sebby's Live entertainment shall not be allowed any time before 9:00pm. 5, 3 Sebby's, Rookies That the establishment be maintained as a bona fide restaurant. At all times during normal meal hours the site shall act as a bona fide restaurant with a full menu offering complete meals. During times of live entertainment food service shall be provided until 2:00 a.m. 7 Sebby's Underage patrons (under 21 years of age) shall not remain upon the establishment premises after 9:00pm during the times live entertainment is offered within the premises. 12, 4 Sebby's, Rookies
Live entertainment shall only be permitted on Thursday, Friday, and Saturday and only during the hours of 9:00 p.m. to 12:00 a.m. Live entertainment shall be restricted only to live musical acts and not as defined in Visalia Municipal Code section 17.04.030. Live musical acts are defined for the purposes of this conditional use permit as a vocal or instrumental performance by a natural person(s) who is physically present in the establishment while delivering the performance and while this definition shall include karaoke performances involving the live singing of songs over prerecorded backing music, it specifically excludes disc jockeys. For purposes of this Conditional Use Permit, a disc jockey, shall be defined as a person(s) whose performance consists of selecting or manipulating prerecorded music on equipment, and a disc jockey shall not be considered a live musical act. Disc jockeys are hereby expressly prohibited from performing within this establishment. Any form of dancing by patrons and guests at this restaurant establishment is permitted during live entertainment.

This condition does not prohibit, unamplified musical accompaniment to dining, in a restaurant by no more than two (2) performers, including patrons, without dancing. In addition, ambient music, whether amplified or not amplified, that is recorded or being played from a radio, jukebox, or similar device that is not audible to a reasonable person within twenty feet from any portion of the exterior of the building that is intended to provide ambience and not to entertain shall also be allowed. Any subsequent change to the nature of live entertainment shall require an amendment to the Conditional Use Permit. 2 Rookies That the establishment be maintained as a bona fide restaurant. The bar area shall not exceed 25% of the public area within the leasable area of the establishment. At all times during normal meal hours the site shall act as a bona fide restaurant with a full menu offering complete meals. During times of live entertainment food service shall be provided until 12:00 a.m., as identified in the operational statement with a “Bar Menu”. 5 Rookies Noise Standards
That the project be required to maintain the noise standards found in Visalia Municipal Code Section 8.36.040. 21Longshot Amplified live entertainment is permitted between the hours of 7:00 p.m. and 10:00 p.m. Outside live entertainment shall not exceed sixty (60) decibels at fifty (50) feet from noise origin. Similar activities in nature and intensity may be allowed as determined by the City Planner. Any subsequent change to hours of the live entertainment shall require an amendment to the Conditional Use Permit. 22Longshot All exterior doors and windows shall remain closed at all times when the premises are providing live entertainment. 16Sebby's All exterior doors and windows shall remain closed at all times when the premises is providing live entertainment. Doors must be solid and may not solely consist of a screen door or ventilated security door. 11Rookies During live entertainment, all exterior doors and windows shall remain closed at all times when the premises is providing live entertainment. 16Longshot Security Plan
A copy of the approved and signed Security Plan shall be provided to Visalia Police Department and Visalia Code Enforcement prior to beginning live entertainment hours. 23, 13 Longshot, Sebby's
That the owner/operator shall hold and implement the security plan, as approved by the Visalia Police Department, on the premise at all times that includes the following: 24, 20, 16 Longshot, Sebby's, Rookies
a.) Prior to any type of live entertainment identified in this use permit the owner/operator shall prepare and submit to the Visalia Police Department a security plan for approval. Approval of the security plan by the Visalia Police Department shall not be unreasonably denied. The contents of the Security Plan shall be incorporated as conditions of approval for Conditional Use Permit No. 2025-30.b.) The Security Plan shall identify the establishment's designated contact person for all safety and security management which shall be provided to the Visalia Police Department and Code Enforcement and shall include the telephone numbers and e-mail address where the contact person may be reached 24 hours a day, seven days a week. The Security Plan shall also provide the telephone number for direct contact with the business during business hours. The Security Plan shall be amended and resubmitted to the Visalia Police Department and Code Enforcement, by the business owner and/or the establishment’s manager, for any changes to the establishment's designated contact person for all safety and security management matters including updated telephone numbers and e-mail addresses where the contact person may be reached 24 hours a day, seven days a week. c.) The burglar and fire alarm shall be monitored by a security company 24 hours a day, seven days a week.

Attachment "B"
78 d.) Designate an adequate number of security personnel who will monitor and control the behavior of customers inside the building, any portable non- permanent rope or metal railing style system patron queue on the public sidewalk for the business, and any private parking lot under the establishment's control. The security personnel must all be security guards with a valid license issued by the California Bureau of Security and Investigative Services. The licensed security personnel may be employees of the establishment or licensed security personnel retained from a licensed security firm. All on-duty licensed security guards shall comply with the uniform requirements set forth in California Business & Professions code section 7582.26. e.) The business owner and/or their management staff/employees of the establishment shall correct any and all safety or security problems or Security Plan violation as soon as receiving either verbal and/or written notice of such problems from either the Visalia Police Department, Planning and Community Preservation Department, and/or the Neighborhood Preservation Code Enforcement Division. After the initial security plan is approved and implemented, it is the responsibility of the owner or owner's designee / management staff to contact the Visalia Police Department to inquire about police calls for service or public safety problems noted at the location. Contact may be made in person, by telephone or by electronic mail. Review of police calls for services may be conducted at any time by the Visalia Police Department, Planning and Community Preservation Department, and/or the Neighborhood Preservation Code Enforcement Division and may be used as the basis to require revisions to the security plan or to initiate suspension of the conditional use permit and begin the proceedings to revoke the conditional use permit.
f.) The applicant/business owner shall maintain at all times a copy of the current Security Plan and conditional use permit conditions of approval on the premises at all times and shall present the Security Plan immediately upon request by a police officer or code enforcement officer. g.) During the days and hours live entertainment is permitted, the licensed uniformed security personnel and management staff shall maintain a count of and accurately report the total number of persons in the building upon immediate request by either the Building Official, Fire Marshall, police officer, or code enforcement officer.
h.) In the event the physical security plan is withdrawn or revoked, no live entertainment shall occur until such time the security plan has been approved by the Visalia Police Department.
i.) Half an hour prior to, during, and half an hour after the times of entertainment, a fully functional color digital video camera must be in place to record the activities of patrons on the premises. The interior of the business must have at least one camera placed to focus on each area where alcoholic beverages are being dispensed (this shall include any outside patio area where alcoholic beverages are dispensed). Additionally, there shall be at least one camera placed to focus on each of the following areas: front door(s) and/or entry area, any area outside where patrons wait to enter the establishment, and the open floor space area inside the restaurant establishment.
j.) The camera storage capacity should be for at least ten (10) calendar days. The monitoring camera/video system must continuously record, store, be capable of playing back images and be fully functional at all times. Any recordings of suspected criminal activity shall be provided to the Visalia Police Department within 24 hours of the initial request.

During the days and hours live entertainment is permitted, all security personnel hired to ensure the safety of patrons within the establishment and patrons waiting to enter the establishment shall be licensed security guards and shall comply with the uniform requirements set forth in California Business & Professions code section 7582.26 21, 18 Sebby's, Rookies Micro-Brewery/Micro-Winery Overlay District Conditions
Underage patrons (under 21 years of age) shall not remain upon the establishment premises after 10:00 p.m. nightly. 25Longshot Minor patron (under 18 years of age) shall be accompanied by a parent or legal guardian at all times. 26Longshot Underage patrons shall not sit at the bar or serving counter areas of the establishment. 27Longshot The establishment shall provide fames, activities, non-alcoholic beverages and snack foods suitable to all ages patrons. Games and activities may include, but are not limited to table games, board games, shuffleboard, corn-hole, drawing paper and crayons, puzzles, video and arcade games. 28Longshot Attachment "B"
79 315 E. Acequia Ave. • Visalia, CA 93291 P 559.713.4359 E [email protected] W visalia.gov

Planning & Community Preservation Department
Planning Division

December 9, 2025

Los Culichis Sushi and Bar
Attn: Jose Antonio
309 East Main Street
Visalia, CA 93291

RE: COMPLIANCE REMINDER - LIVE ENTERTAINMENT CONDITIONAL USE

PERMIT CONDITIONS

To Mr. Antonio

The City of Visalia has long recognized the importance of the downtown area which represents the core of our community. This area offers a wide range of services including shopping, restaurants, employment centers and a variety of entertainment options for patrons to enjoy during the late evening hours and on the weekends. More importantly, the City values the contributions that downtown local businesses bring to the community and appreciates the efforts put forth to ensure the downtown vibrancy is retained by making this area safe and enjoyable for all residents and visitors alike.

You are receiving this letter because you own or operate a business with an approved Conditional Use Permit authorizing live entertainment activities, subject to specific conditions. Failure to comply with these conditions, designed to ensure the safety of patrons, often requires the City of Visalia to allocate significant staff resources to address unruly behavior. Such behavior can negatively impact the downtown area, surrounding businesses, and the safety of visitors.

This letter serves as a formal reminder that the authorization to host live entertainment activities within your establishment is subject to the conditions adopted when the Conditional Use Permit was approved. Adherence to these conditions is required at all times when live entertainment activities are occurring. Failure to comply with adopted conditions will result in immediate action to correct non-compliance including potential fines and suspension of the Conditional Use Permit if the non-compliance issues are found to be egregious. A copy of the approved and signed resolution for live entertainment activities for your establishment is enclosed with this letter.

To ensure that your business remains in compliance with these requirements, the City of Visalia will be conducting periodic compliance checks. These compliance checks are intended to confirm that all live entertainment conditions are being met and that live entertainment is being conducted in a manner as stated in your operational and security plans. We strongly encourage you to review the attached resolution and conditions of approval carefully to ensure that all staff, security personnel, and management are aware of the conditions that apply to your establishment when live entertainment activities are occurring.

Attachment "C"
80 315 E. Acequia Ave. • Visalia, CA 93291 P 559.713.4359 E [email protected] W visalia.gov

Planning & Community Preservation Department
Planning Division

Should you have any questions or require clarification regarding your conditions, please contact me via e-mail at [email protected] or by phone (559) 713-4025. Thank you for your attention to this matter and for making downtown Visalia a vibrant and entertaining area to visit.

Sincerely,

Paul Bernal, Director
Planning and Community Preservation Department
City of Visalia

Cc:

Visalia City Council – via e-mail
Leslie Caviglia, City Manager – via e-mail
John Lollis, Assistant City Manager – via e-mail
Ken Richardson, City Attorney - via e-mail
James Koontz, City Attorney - via e-mail
Dan Griswold, Chief of Fire – via e-mail
Jason Salazar, Chief of Police – via e-mail
Andrew Swarthout, Police Captain – via e-mail
Dan Ford, Police Captain – via e-mail
Mona Whaley, Police Lieutenant – via e-mail
Jason Huckleberry, Director of Engineering and Building – via e-mail Tracy Robertshaw, Neighborhood Preservation Manager – via e-mail Property Owner – via mail
81 Live Entertainment
Review & Discussion
City Council – Work Session
December 15, 2025
Planning Division
82 PURPOSE
Provide an overview of how the City processes live entertainment requests • Conditional Use Permit Process
• Standard operating and security conditions applied
Seek Council direction on whether staff should purse a Live Entertainment Ordinance • Streamline permitting, improve compliance, support economic vitality

DEPARTMENT RECOMMENDATION
Provide staff with comments and/or direction on:
• Changes to current process and additional conditions that should be applied • Provide direction for drafting a Live Entertainment Ordinance 83 P L A N N I N G D I V I S I O N
visalia.gov

B A C K G R O U N D
Conditional Use Permit
Live Entertainment
Process
Several commercial establishments have been
approved, via discretionary review process, to
offer various live entertainment options
Intended to be ancillary to the primary use
Recognized as a way to provide downtown with
variety of entertainment options
84 P L A N N I N G D I V I S I O N
“Live Entertainment”

V I S A L I A Z O N I N G O R D I N A N C E
visalia.gov
Means the performance by one (1) or more of any of the following performed live with amplified sound by one (1) or more persons, whether or not done for compensation and whether or not admission is charged: (i) musical act, including karaoke; (ii) theatrical act, including a play, revue, or stand-up comedy; (iii0 dance; (iv) magic act; (v) disc jockey; (or (vi) similar activity. 85 P L A N N I N G D I V I S I O N

L I V E E N T E R T A I N M E N T
Submittal & Approval of
Conditional Use Permit
Required by any business seeking to offer live
entertainment as part of the business.

Per Zoning Use Matrix (VMC Table 17.25.030)
live entertainment conditionally allowed
within:
• C-R (Regional Commercial) zone
• C-MU (Mixed Use Commercial)
• D-MU (Mixed Use Downtown)
Ensures
conditions/
requirements are
applied and
adopted to help
safeguard and
protect patrons
and land use
compatibility
Process includes
staff review (Site
Plan Review),
public hearing
notices within
300-feet of site,
Planning
Commission
approval
visalia.gov 86

P L A N N I N G D I V I S I O N

CUP LIVE ENTERTAINMENT APPROVALS
1 5th Quarter
Barrelhouse Brewery
Blend Wine Room
Cellar Door
Crawdaddy’s
Longshot Brewery
Los Culichis
2 3
4 5
6 visalia.gov
8 9
10 11
12 13
Rookies
Salty Walrus
Sequoia Brewing Company
Simply Brewing
Tavern on Main
Visalia Brewing Company
Wine Buff
147
87 P L A N N I N G D I V I S I O N

CONDITIONS OF APPROVAL
visalia.gov
Standard Operating Conditions
Live Entertainment Conditions
All live entertainment CUP’s have been approved with a variation of general conditions, operating conditions, and security conditions adopted.

Security Conditions
Wording over time for these conditions has been refined with each new live entertainment CUP
When establishments fail to properly comply with the
conditions/requirements of the CUP the City has to apply significant staff resources to monitor
As a result of failing to adhere to the conditions of approval , two businesses were issued CUP suspension letters and staff initiated the revocation process.
• One business opted to revise type of live entertainment • One business ceased their business operation
General Conditions
88 COMPLIANCE DETAILS
Code Enforcement and Visalia PD conducted two late night detail checks • No major violations were found
Letters also mailed to both property owners and business address reminding “owners” of the CUP and the requirements/conditions
89 Planning staff continues to receive inquires
from business owners, predominately small
restaurants and micro -breweries

CONTINUED INQUIRES
Resulted in a mix of issues that business owners find
frustrating at times due to:
• Cost of the CUP
• Timing to get the CUP to Planning Commission
• Uncertainty if their CUP is approved
Several establishments operate as conditioned; City
staff continue to address issues related to adequacy
of security measures and late -night crowd
management
90 CONSIDERATION FOR POTENTIAL DIRECTION FROM CITY COUNCIL

1. Maintain the current CUP process (status quo)
• Each request reviewed on a project-by-project basis
• Ability to impose case-by-case operating conditions
• City may initiate process to revoke or modify CUP if business fails to comply with conditions
91 CONSIDERATION FOR POTENTIAL DIRECTION FROM CITY COUNCIL

2. Initiate development of a Live Entertainment Ordinance • Clear definitions for the types of entertainment
• Standardized operating & security conditions that can be applied citywide:
• Licensed security guards
• Noise standards
• Hours of operation
• Crowd management requirement
• Low impact live entertainment permit
• Limit number of CUPS within an area
92 Questions
&
Discussion
93 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0515 Agenda Date: 12/15/2025 Agenda #: 6.

Agenda Item Wording:

Sequoia Shuttle 2025 Season Report and Direction for the 2026 Season Fare Structure - Receive a presentation on the completed Sequoia Shuttle 2025 Season and provide direction for the Sequoia Gateway Shuttle and Fare Structure for the 2026 Season. If time allows, otherwise this may be moved to the regular session.

Deadline for Action: 12/15/2025
Submitting Department: Administration - Transit Division Prepared by:

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

Staff recommends that the City Council:

1. Receive an update presentation;

2. Authorize Gateway Shuttle for the 2026 Season;

3. Authorize $15.00/Person Round Trip Fare with $5.00/Person Discount for Visalia Residents;

4. Authorize Use of LTF Funds for Gateway Shuttle, and to Pursue Other Funding Opportunities;

5. Return to a future City Council Meeting with a report by October 2026.

Summary:

When the Gateway Shuttle service began in 2007, the round-trip fare was $10.00 per person and was increased to $15.00 per person in 2008. In 2019, staff requested that the round-trip ticket be raised to $20.00 per person to adjust for increased costs of the Transit Operations contract at that time. The impact of the increased ticket cost from 2018 to 2019 was immediately reflected in a fifty- four percent (54%) drop in ridership on the Gateway Shuttle during the 2019 Season compared to the 2018 Season. The 2020 Season was closed due to the COVID-19 pandemic and was again not offered in the 2021 Season, which reflected reduced numbers on the internal Park Shuttle. The 2022 Season demonstrated the service beginning to increase coming out of the pandemic, and then the 2023 Season was abruptly interrupted by the local transit driver strike that shut down Transit operations for six (6) weeks in the midst of the Sequoia season. In the 2024 Season with full service offered, the Gateway Shuttle did not experience ticket sales to the level prior to 2019, with the Gateway Shuttle transporting 3,391 passengers and the internal Park Shuttle transporting just under one million passengers.

During the City’s Fiscal Year 2024-2025 Rates and Fees process in June 2025, staff recommended that the round-trip Gateway Shuttle fare be reduced from $20.00 to $15.00 per person in the prospect of incentivizing increased ridership. In addition, the Gateway Shuttle route schedule was Visalia City Council Printed on 12/12/2025Page 1 of 6
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94 File #: 25-0515 Agenda Date: 12/15/2025 Agenda #: 6. streamlined, eliminating the previously least utilized stop locations (including Exeter and Farmersville) and consolidating the stop locations within Visalia. The 2025 Season experienced a

14.5% increase in ridership of the Gateway Shuttle, increasing from 6,427 to 7,360.

When reviewing Transit ridership numbers for both the Gateway and internal Park Shuttle services, it is important to note that ridership is recorded as unlinked passenger trips, meaning that each time a passenger gets on the Gateway or internal Park Shuttles they are recorded as a new trip. This is due to not everyone riding in both directions on the Gateway Shuttle, and many passengers riding in multiple directions on the internal Park Shuttle. Staff does not currently have a means to track the same passenger throughout the park in order to reconcile the number of rides to number of passengers. The summary of these ridership numbers are shown in the table below:

Gateway Shuttle Ridership
2019 2021 2022 2023 2024 2025
1,135 0 541 0 731 723
1,426 0 1,801 0 1,667 2,037
1,839 0 1,938 196 1,985 2,250
1,491 0 2,625 235 1,842 2,278
284 0 533 724 202 72
6,175 0 7,438 1,155 6,427 7,360
113.49% 0.00% 136.70% 21.23% 118.12% 135.27%
-54.22% -100.00% 20.45% -84.47% -13.59% 14.52%
Internal Shuttle Ridership
2019 2021 2022 2023 2024 2025
38,309 12,734 68,045 0 87,661 87,768
221,614 50,620 181,741 78,734 257,543 234,287
341,841 153,572 243,823 90,860 300,401 268,449
269,112 94,422 162,537 52,274 256,626 236,882
69,288 36,915 61,530 68,202 34,855 10,074
940,164 348,263 717,676 290,070 937,086 837,460
690.73% 255.87% 527.27% 213.11% 688.47% 615.28%

8.36% -62.96% 106.07% -59.58% 30.57% -10.63%
Prior to the 2025 season when the fare was $20.00 per person round-trip, the only discount offered was a group purchase discount. If a group of six (6) or more tickets were purchased on the same booking, then the per ticket cost was reduced by twenty percent (20%) to $16.00 per person.

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95 File #: 25-0515 Agenda Date: 12/15/2025 Agenda #: 6.

Background Discussion:

The Sequoia Shuttle service has been operating since 2007 and involves two (2) separate yet complimentary components of the service, including the external Gateway Shuttle that transports passengers from the valley floor (Visalia and Three Rivers) up to the Park, and the internal Park Shuttle that is comprised of multiple routes that move in and around the Park. The internal Park Shuttle operates in partnership with the National Park Service (NPS) through a Cooperative Agreement, the most recent of which was approved in May 2023 for five (5) years and is in effect through the 2027 Season. The City is responsible for the ownership and operation of the buses used for the internal Park Shuttle service, as well as the camp trailers used to house drivers in the Park during the Summer Season.

Fiscal Impact:

The Gateway Shuttle service is financially supported significantly by Local Transit Funds (LTF). The LTF funds come from Transit Development Act (TDA) funds that are distributed by Tulare County Association of Governments (TCAG). Some other funds that are included in LTF funding are Visalia Transit lease dollars, and any other monies earned that are not tied directly to grants. The use of LTF funds to subsidize the Gateway Shuttle reduces the amount of LTF funding available for the operation of Visalia Transit routes within the City of Visalia and/or other appropriate uses of these funds such as street maintenance. The comparison of revenues and expenses for the Gateway Shuttle service and the corresponding LTF cost for the 2024 and 2025 Seasons are shown in the table below.

Gateway
2024 2025
Expenses Revenue LTF Cost Expenses Revenue LTF Cost
$401,157.00 $34,218.00 $366,939.00 $544,516.00 $57,938.97 $486,577.00 Tickets sold Fare Ticket Sales Tickets sold Fare Ticket Sales 3,391 $20.00 $34,191.00 4,056 $15.00 $57,902.00
As represented in the table above, the increase in Gateway Shuttle ticket sales from 2024 to 2025 was 665 tickets (19.6% increase). As mentioned previously, and to better explain ticket sales in comparison to ridership, ticket sales represent a complete $15.00 round-trip fare, while the total ridership will be less than twice due to not every rider completing the round-trip. Additionally, in 2024 when ticket sales were $20.00 for a round-trip fare, the previously mentioned twenty percent (20%) discount on bulk ticket sales provide additional ambiguity when comparing ridership and ticket sales.

The Gateway Shuttle service offers seven (7) daily shuttles on Saturdays and Sundays, and six (6) daily shuttles Monday through Friday. With each shuttle offering sixteen (16) seats equates to a total Visalia City Council Printed on 12/12/2025Page 3 of 6
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96 File #: 25-0515 Agenda Date: 12/15/2025 Agenda #: 6. of 10,144 one-way tickets are offered going up to the Park, and the same number coming back down from the Park. Based on the data represented in the chart above, less than half of the available one- way tickets that were available for the 2025 season were sold.

It should be noted that the operational costs for the Gateway Shuttle increased thirty-five percent (35%) due to the change in the Operations Contract between the 2024 and 2025 Seasons, resulting in the significant increase in expenses and corresponding LTF cost During the Rates and Fees Process discussion at its meeting on June 16, 2025, the Council inquired about additional discounts that may be offered such as for children, seniors and/or veterans, similar to Yosemite Area Regional Transportation System (YARTS) in Fresno to Yosemite. At the time, the only fare discount that was offered for the Gateway Shuttle was the twenty percent (20%) bulk discount reducing individual ticket prices from $20.00 to $16.00 each when six (6) or more tickets were purchased at one time. The Council’sstated priority was to encourage local residents to use the Gateway Shuttle to visit the Park. The Council may wish to consider an additional $5.00 discount for a $10.00 round trip fare on the Gateway Shuttle to any City of Visalia resident that presents a utility bill as proof of city residency, similar to the “Dumpon Us”program administered by the City’s Public Works Department. With the data presented above, the operational costs of the Gateway Shuttle would not change by offering additional discounts to locals. Each Shuttle costs the same to the City whether the Shuttle is sold out or empty, due to the City paying the Operator per vehicle mile and per vehicle hour for this service. Accordingly, Visalia Transit could have theoretically sold the remaining 6,088 available seats on the Shuttles to locals for $5.00 each which would have generated an additional $30,440 in ticket sales or for $10.00 each an additional $60,880. With the 2025 Season total expenses of $544,516 (LTF contribution expense of $486,57), and ridership at 4,056, that places the cost for this service at approximately $134 per passenger ($120 per passenger for LTF). For comparison, the current cost per passenger for fixed route service is $22.39 and for the V-Line service is $30.04. If discounts were offered to locals and sold those unused seats at $10.00 per ticket, it would have decreased the net LTF contribution expense to $425,697 and lowered the cost per passenger to approximately $54 ($42 per passenger for LTF).

The table below provides a summary of the expenditure of LTF funds over the last five (5) operating years of the Gateway Shuttle:

Local Transit
Funds
Year Cost
2019 $451,955.70
2022 $304,305.59
2023 $403,143.48
2024 $366,939.00
2025 $486,577.00
As previously mentioned, due to the pandemic, there was no Gateway Shuttle service in the 2020 or 2021 Seasons, therefore staff has provided the year 2019 to provide five (5) full years of LTF expenditures for the Gateway Shuttle.

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97 File #: 25-0515 Agenda Date: 12/15/2025 Agenda #: 6.

On November 25, 2025, the U.S. Department of the Interior announced America-first pricing, making national parks more accessible and affordable for American residents. Effective January 1, 2026, non-American residents will pay a higher rate to help support the care and maintenance of America’s parks, which the eleven (11) most visited national parks will begin charging a $100.00 per person, including Sequoia & Kings Canyon National Parks. During the 2025 Season, approximately sixteen percent (16%) of the ticket sales were by international visitors. While this additional fee does not impact Gateway Shuttle operations, it could impact bookings if individuals choose not to pay the additional fees.

According to the Phase 1 of the Visit California Regional Strategic Tourism Plan - Central Valley that was released in March of 2025,
Of the 108 assets that were measured, the Central Valley has limited large-scale attractions.

The region has no demand drivers that have an international draw and three demand drivers with a national draw, including University of California, Davis, Fresno State and the Sequoia Shuttle. The majority of the demand drivers in the Central Valley region are either targeted regional draws or “must see if in the area” attractions. “Must see if in the area” attractions typically do not drive overnight visitation.

The Sequoia Shuttle both internal and external are significant items on the City of Visalia’s“resume” with the internal Park Shuttle transporting just under one million (1,000,000) visitors within the Park each season.

Visit Visalia reports that during the 2025 Sequoia Shuttle season it received over 100,000 views on social media content directly related to the Sequoia Shuttle service, making the service a well-known tourist attraction in the area.

Potential Funding Options
For the Council’s consideration and deliberation is the continued use of LTF funds to support the Gateway Shuttle service. In previous years, the National Park Service provided partial funding support for the Gateway Shuttle, as well as City staff used federal transportation grant funds such as 5311(f) which are designed for programs that connect people from urban to rural areas, and at the time the Gateway Shuttle was a valid applicant for those grant funds. The last time Visalia Transit received 5311(f) funds for the Sequoia Gateway Shuttle was 2020 in the amount of $233,000. The City received these dollars in arrears and was applied in the 2022 shuttle season. Following that grant award, staff were notified by the Federal Transit Administration (FTA) that the Gateway Shuttle service would no longer be eligible for those grant dollars going forward. Staff’s understanding is that these federal grant funds are designed to support transit routes similar to fixed route where local residents can purchase a ticket on the bus without a reservation. Staff is exploring the option of eliminating the reservation system and retooling the Gateway Shuttle service prior to resubmitting a grant application for federal 5311(f) funds if announced in the 2026 calendar year.

Other funding options that staff could explore at Council direction include financial support by the Visalia Tourism Marketing District, TCAG Measure R Public Transit Funds, Transient Occupancy Tax, and the City’s General Fund (not recommended).

Prior Council Action:

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98 File #: 25-0515 Agenda Date: 12/15/2025 Agenda #: 6.

1. January 2019 Sequoia Shuttle Rates and Fees adjustment

2. June 2025 City Wide Rates and fees

3. May 2023 National Park Service Cooperative Agreement Other: N/A
Alternatives: Council could direct staff to discontinue the Gateway Shuttle or seek other funds rather than the use of LTF. A discontinuation or a decision to not run the shuttle for the 2026 season is not prohibited in any way by the internal service contract with the National Park Service, however, it would increase the Park’s contract cost due to deadhead hours of additional shuttles going up to the Park each day to then circulate in the park.

Recommended Motion (and Alternative Motions if expected):

Staff recommends that the City Council:

1. Receive an update presentation;

2. Authorize Gateway Shuttle for the 2026 Season;

3. Authorize $15.00/Person Round Trip Fare with $5.00/Person Discount for Visalia Residents;

4. Authorize Use of LTF Funds for Gateway Shuttle, and to Pursue Other Funding Opportunities;

5. Return to a future City Council Meeting with a report by October 2026.

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

1. City Council Staff Report: June 16, 2025

2. City Council Staff Report: May 15, 2023

3. City Council Staff Report: January 7, 2019

4. Meeting Presentation: December 15, 2025
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99 Visalia City Council707 W. AcequiaVisalia, CA 93291Visalia City CouncilLegislation Details (With Text)File #: Version:124-0590Status:Type:Public Hearing Item Agenda ReadyFile created: In control:1/14/2025 Visalia City CouncilOn agenda: Final action:6/16/2025Title:Fiscal Year 2025-26 Rates and Fees - Public Hearing and Adoption of Resolution 2025-08 toauthorize proposed new fees, increases, and adjustments to the City's Rates and Fees Schedule forFiscal Year 2025-26.Sponsors:Indexes:Code sections:Attachments:1. Attachment A - Fiscal Year 2025-26 Rates and Fees Document, 2. Attachment B - Resolution 2025-08Action ByDate Action ResultVer.AdoptedVisalia City Council6/16/2025 1 PassAgenda Item Wording:Fiscal Year 2025-26 Rates and Fees- Public Hearing and Adoption of Resolution 2025-08 toauthorize proposed new fees, increases, and adjustments to the City's Rates and Fees Schedule forFiscal Year 2025-26.Prepared by: Jana Ferguson, Financial Analyst, 559-713-4429, [email protected]; ReneeNagel, Finance Director 559-713-4375, [email protected] RecommendationStaff recommends that City Council takes the following action tonight:1. Conduct a Public Hearing to receive testimony on additions, changes, and deletions to theCity's Rates & Fees Schedule2. Adopt Resolution 2025-08 to amend the City's fee document for the FY 2025-26; and3. If desired, take action on specific fees, such as:a. Fee increases exceeding CPIb. Adjusted feesc. All feesSummary:Annually, fees are recommended for cost-of-living adjustments for the upcoming fiscal year. Cityordinances limit annual Impact Fees and Business Tax adjustments to specific CPI indices. Theseannual inflationary adjustments help departments cover their costs and reduce the burden on theGeneral Fund, allowing the fund to support operations, including public safety.Background Discussion:Proposed new fees, increases, and adjustments for FY 2025-26 Rates & Fees include, but are notlimited to, animal services, parks and recreation, transit, fire, police, and finance.Visalia City CouncilPrinted on 11/19/2025Page 1 of 6powered by Legistar™100 File #:24-0590,Version:1The California Consumer Price Index for All Urban Consumers (CCPI-U) is the basis for most feeadjustments for the City. City ordinances require Impact Fees to use the building industry standardindex, the Engineering News Record Construction Cost Index (ENRCCI). Similarly, City ordinancedictates that the Business Tax be adjusted by the US City Average for All Items (USVPI-U), using theaverage of the most recent three years. Table 1: Index Period Changes lists the indices and effectivedates.Proposed Index Period ChangesCPI Time Period Rate Effective Date FY 25-26 Rate FeeC.C.P.I. - U.Jan. - Dec. 2024Jul 1, 20253.06%All Other FeesE.N.R.C.C.I.May 2024 - Apr. 2025Aug 16, 20251.68%Impact FeesU.S.C.P.I. - U.Jan. - Dec. 20242.95%Jan. - Dec. 20234.12%Jan. - Dec. 20228.00%Three Year AverageJul 1, 20255.02%Business Tax FeesDuring the June 2, 2025, City Council meeting, several questions were raised by Council regardingspecific fees, which are addressed below.Tennis and Pickleball Court Rentals -Council requested that staff review whether the proposedincrease would provide sufficient funding to maintain the courts.Staff researched neighboring cities to compare rental rates and found that most of these citieseither do not have dedicated pickleball or tennis courts or do not reserve courts for private use;the courts are available to the public on a first-come, first-served basis only. The City of Tularedoes have a rental rate of $10 per hour per court for tennis, with a two-hour minimum, and theCity of Fresno has a rental rate of $5 per hour per court for both pickleball and tennis. At theClovis Recreation Center, the City of Clovis offers four indoor basketball courts striped forpickleball, available for rent for $40 per hour. Renters do need to supply nets for pickleball.Additional cities are listed in the table below:Visalia City CouncilPrinted on 11/19/2025Page 2 of 6powered by Legistar™101 File #:24-0590,Version:1CityPickleball CourtsTennis CourtsTulareNone in park inventoryRental $10/hr/court – 2hr min.Hanford None dedicated in park inventory Some basketball courts are painted with pickleball lines. User must bring nets. No rental option. First-come, first-serve basis only None in park inventory Dinuba 2 courts in inventory No rental option. First-come, first-serve basis only. None in park inventory Porterville None dedicated in park inventory Tennis courts have pickleball lines. Users must bring nets No rental option. First-come, first-serve basis only. No rental option. First-come, first-serve basis only Clovis None in park inventory 4 indoor multi-use courts with pickleball lines. Court rental $40/hr User must bring nets None in park inventory Fresno None dedicated in park inventory Tennis courts have pickleball lines. Users must bring nets Rental will be $5/hr/court when opened Rental $5/hr/court Visalia's park system includes six tennis courts at Plaza Park, eight pickleball courts at PlazaPark, and two pickleball courts at Recreation Park, and there has been a notable increase inthe rental use of the courts. Between 2023 and 2024, the pickleball courts at Plaza Park had a47% increase in reserved hours, and the Recreation Park courts had an increase of 253% inhours reserved. The tennis courts at Plaza Park are projected to have a 62% increase inreserved hours from 2024 to 2025.Rental Hours2022202320242025 (1/1-6/3)Plaza Park - Tennis - 6 courts1,0791,048888763Plaza Park - Pickleball - 8 courts1,2771,6092,373869Recreation Park - Pickleball - 2 courts111123435124Annually, as part of the Rates and Fees process, the Parks and Recreation Department's FeePolicy (pg 3-7) is adopted, which establishes a pricing model for activities supported by thedepartment. Tennis and Pickleball are considered part of the Community Benefit category,which is designed for facilities that benefit the community as a whole. It has not been the City'sintent to recuperate maintenance costs through rental fees for amenities within this category.The programs, facilities, and services in this category are items that can increase propertyvalues, provide safety, address social needs, and enhance the quality of life for residents. TheVisalia City CouncilPrinted on 11/19/2025Page 3 of 6powered by Legistar™102 File #:24-0590,Version:1community pays for these items through taxes and may utilize them free of charge. Parks &Recreation data shows that Visalia residents make 85% of all court rentals. The increase incourt use has driven the increased need for maintenance, as seen by the rental hours forpickleball courts at Plaza Park from 2023 to 2024. As the courts are an amenity open to thepublic and available on a first-come, first-served basis, recuperating all maintenance expensesthrough reservation fees is not feasible for the reservation customer. The ability to reservethese courts is desired by community members, as it allows individuals to secure the use ofthese public courts at specific times for their private use. This desire to secure a location forprivate use is seen in the rental of other park amenities, such as picnic arbors, soccer fields,softball fields, and open space for special events.In evaluating the Recreation Department Fee Policy and researching neighboring cities, staffrecommends increasing the tennis and pickleball court hourly rental rate to $8 per hour percourt for the fiscal year 2025-26.Athletic & Miscellaneous Facility FeesFY 24-25FY 25-26Park Athletic CourtsTennis Courts - Per Hour 6.00$ 8.00$ Pickleball Courts - Per Hour6.00$ 8.00$ Trolley/Bus Hourly Rental -Council requested that staff round the Trolley rental rate for clarity forcustomers.Staff performs this calculation every two years, utilizing the contracted costs and hours of useto ensure that the fee accurately reflects actual costs. These vehicles are funded with FTAfunding, which will allow for a small profit from their usage as long as the funds remain in theTransit Division. Since there are two tiers to this rate, staff recommends no change to the CityRate but does recommend rounding the Non-City Rate to the nearest whole dollar, which is$162.00. This rounding would create a "clean" number for customers to refer to while maintaininga rate that is closely consistent with the cost. By performing this calculation every two years, staffwould also be able to control any excessive increase caused by rounding and propose adecrease during the Rates & Fees presentation.Trolley/Bus FY 24-25FY 25-26City Rate - Per Hour 118.03$ 147.58$ Non City Rate - Per Hour134.61$ 162.00$ Sequoia Shuttle Fare Discounts- Council asked staff to consider offering discounts to veterans,seniors, and children on the Sequoia Shuttle.Transit offers discounts for Fixed Routes, VLine, Dial-A-Ride, and the 31-Day T-Pass and hasproposed a 25% decrease in the round-trip fare for the Sequoia Shuttle for this year. Theproposed fare decrease for the Shuttle is designed to compensate for changes in schedule,pickup and drop-off locations, and delays in the Federal Government's activation of thereservation system, with the goal of providing a discount to all those who wish to enjoy thisservice. The Sequoia Shuttle program is currently subsidized by Local Transit Funds (LTF), soany additional discounts within this program would require a higher subsidy. Using more LTFfunding for the Sequoia Shuttle would ultimately reduce the funds available for the City's localVisalia City CouncilPrinted on 11/19/2025Page 4 of 6powered by Legistar™103 File #:24-0590,Version:1programs. Calculations for this decrease were done within the budget, and further discounts couldchange the financial balance of this program.Even more applicable at this point, the season is well underway, and trying to change the feestructure and reservation system now would be difficult and disruptive to the service. Staff willbring back a rate structure at the end of the year, before the beginning of the 2026 reservationseason. Therefore, staff does not recommend any additional discounts at this time.Sequoia ShuttleFY 24-25FY 25-26General (Round Trip)20.00$ 15.00$ Rounding All Fees - Council requested a review of all fees to possibly round up to the nearest dollarfor a cleaner look and to ease calculations.Staff recommends deferring this request to next year's (FY 26/27) rates and fees due to theneed for additional time to review each fee and its basis to determine if it can be rounded up.Several of the fees are tied to government ordinances, city contracts, Proposition 218 regulations,grants, and federal funding, which may impose restrictions on the calculation of these fees. Inaddition, rounding up may create a cumulative effect over time, causing us to inflate our ratesexcessively above the actual rate.Fiscal Impact: Increasing City rates and fees will help departments and capital projects cover costs.Prior Council Action: The Council reviewed and discussed new fees and adjustments to the Rates& Fees for Fiscal Year 2025-26 on June 2, 2025.Other: The following committees and commissions have reviewed the proposed rates and feeadjustments and recommend to the City Council the adoption of the adjustments to the City's Rates &Fees for Fiscal Year 2025-26.

Alternatives: Partially amend or do not amend the proposed fees.Recommended Motion (and Alternative Motions if expected):I move to adopt Resolution 2025-08 to amend the City's Rates & Fees document for Fiscal Year 2025-26 as presented.OrI move to adopt Resolution 2025-08 to amend the City's Rates & Fees document for Fiscal Year 2025Visalia City CouncilPrinted on 11/19/2025Page 5 of 6powered by Legistar™104 File #:24-0590,Version:1-26, with changes as approved by Council.Environmental Assessment Status: N/ACEQA Review: N/ADeadline for Action: 6/16/2025Attachments: Attachment A - Fiscal Year 2025-26 Rates & Fees Document; Attachment B -Resolution No. 2025-08 Visalia City CouncilPrinted on 11/19/2025Page 6 of 6powered by Legistar™105 Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: Version: 123-0177
Status:Type: Consent Item Agenda Ready
File created: In control:5/1/2023 Visalia City Council
On agenda: Final action:5/15/2023
Title: Authorize for the City Manager to enter into a five (5) year Cooperative Agreement with the National Park Service (NPS) to continue in-park Sequoia Shuttle service, in conjunction with the City of Visalia’s Gateway Sequoia Shuttle service, for an annual contract amount received of $1,784,123, to be adjusted annually by Consumer Price Index (CPI), Producer Price Index (PPI), and any requested service adjustments and related costs.

Sponsors:

Indexes:

Code sections:

Attachments: 1. P23AC00523 City of Visalia SEKI Shuttle Action ByDate Action ResultVer.

Agenda Item Wording:

Authorize for the City Manager to enter into a five (5) year Cooperative Agreement with the National Park Service (NPS) to continue in-park Sequoia Shuttle service, in conjunction with the City of Visalia’sGateway Sequoia Shuttle service, for an annual contract amount received of $1,784,123, to be adjusted annually by Consumer Price Index (CPI), Producer Price Index (PPI), and any requested service adjustments and related costs.

Deadline for Action: 5/25/2023 - To account for preparation costs for 2023 season Submitting Department: Administration - Transit
Contact Name and Phone Number:

Caleb Bowman, Transit 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 recommends that the City Council authorize the City Manager to enter into a five (5) year Cooperative Agreement with the National Park Service (NPS) to continue annual operational services of the Sequoia Shuttle within the park for an annual amount of $1,784,123 paid to the City. This fee will be adjusted annually by Consumer Price Index (CPI), Producer Price Index (PPI), and any requested service adjustments and related costs.

Summary:

The attached agreement covers the operation of the Sequoia Shuttle within the Sequoia National Park by the City of Visalia on behalf of the National Park Service (NPS). The Transit Division provides this service and works with Transdev, who has acquired First Transit in March 2023, the City’stransit operations contractor, operating under a Cooperative Agreement with the NPS. Under Visalia City Council Printed on 8/20/2025Page 1 of 5
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City’stransit operations contractor, operating under a Cooperative Agreement with the NPS. Under the authority of this agreement, the City and NPS will work together annually to develop each season’sservice plan and make small adjustments to services as needed and agreed upon by both parties. There will only be minor adjustments to the routes, schedules and inflation increase, based on Consumer Price Index (CPI), Producer Price Index (PPI) and operations contract rate increases, to the corresponding rates annually. The agreement will otherwise remain unchanged for the duration of the five years.

Background Discussion:

The Sequoia Internal Shuttle began service in 2007 and has operated for 16 seasons. Each multi- year agreement details the services for the first year of the agreement. During the agreement term, the schedules and budget for each successive year are agreed upon through a collaborative process between the City and the NPS and memorialized as amendments to the agreement. Under the contract, the City provides all bus services including the lease of all buses used and the provision of trailers for temporary driver housing during the season.

The Sequoia Internal Shuttle summer service operates five routes serving all the major road- accessible destinations in the Giant Forest, including Crescent Meadow, Dorst Creek Campground, the General Sherman Tree, the Giant Forest Museum, Lodgepole Campground including the Market and Visitor Center, Moro Rock, Wolverton, and Wuksachi Lodge. Summer routes typically operate the Thursday before Memorial Day weekend through the Sunday after Labor Day. Also included is a winter service during Thanksgiving, usually operated between Thanksgiving Day through that Sunday, and Christmas Holidays, usually operated between Christmas Eve through New Year’sDay.

Staff has in the past, will continue to coordinate with NPS to accommodate the service when the Sequoia National Park is open to the public. The City of Visalia can terminate this contract upon sending NPS written notification of the reasons for such termination and proper notice of the effective date.

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There is limited parking within the park at major attractions and trail heads. Through the use of the internal shuttle, visitors are able to park all day and visit the park attractions reducing stress of parking at each attraction, traffic, and reducing the emissions emitted within the park creating a more enjoyable visitor experience.

The cost of the internal shuttle service is paid in full by NPS and offered to the public free of charge.

During the 2022 season, the internal shuttle provided an average of 6,584 rides per day with a season total of 717,676 rides, 23.66% below 2019’sridership but 106% above 2021’sridership. A summary of the 2022 Internal Shuttle Ridership by Month and Route is shown below, Table 1.

Table 1
2022 Internal Shuttle Ridership Summary
Rt. 1 Giant
Forest
Rt. 2 Moro
Rock
Rt. 3
Wuksachi
Rt. 4
Wolverton
TOTAL Daily
Average
by
Month
May 27,424 27,885 4,355 8,381 68,045 11,341
June 78,152 71,738 5,628 26,223 181,741 6,058
July 100,101 102,936 12,326 28,460 243,823 7,865
August 70,386 64,811 6,162 21,178 162,537 5,243
September 26,208 22,283 4,039 9,000 61,530 5,594
Total 302,271 289,653 32,510 93,242 717,676 6,584
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Rt. 1 Giant
Forest
Rt. 2 Moro
Rock
Rt. 3
Wuksachi
Rt. 4
Wolverton
TOTAL Daily
Average
by
Month
May 27,424 27,885 4,355 8,381 68,045 11,341
June 78,152 71,738 5,628 26,223 181,741 6,058
July 100,101 102,936 12,326 28,460 243,823 7,865
August 70,386 64,811 6,162 21,178 162,537 5,243
September 26,208 22,283 4,039 9,000 61,530 5,594
Total 302,271 289,653 32,510 93,242 717,676 6,584
On Thursday May 10th, 2023, NPS provided Transit that the Sequoia National Park would not be open until at least early June, pushing the start of our service start to mid-June t the earliest. This is not uncommon for NPS to authorize service and then it be canceled or reduced due to weather, fires, or other unforeseen circumstances. These concerns are brought up before the start of each service.

Transit staff seeks approval from NPS for any and all costs incurred after the contract service bids closes will be reimbursable under this agreement, not to exceed the annual budget. Approval by NPS for these charges are documented and filed along with the annual budget approval.

NPS reimburses the City for the entire cost to operate the internal shuttle service monthly, which provides a great connection to the external shuttle the City operates from Visalia. Transit staff requests reimbursement based on financial reports for Transit’s Sequoia Internal Shuttle service, 4553, that show the actual expenditures incurred in the reimbursement period as outlined below in Table 2. At the end of each season, staff pulls a year-to-date report to ensure all expenditures incurred have been reimbursed. If it is found that some costs have not been included in previous reimbursements, staff include those charges in the last reimbursement. Due to the Federal Fiscal Year (FFY) ending in September, NPS asks that the City estimate and request reimbursement for the Winter Service, Thanksgiving and Christmas, prior to October 1. Transit staff estimates the cost of the Winter service, plus 15% contingency, and request reimbursement prior to the service being performed. If not all the funds are exhausted during the Winter services, the park is credited back those funds in the following season.

Table 2
Reimbursement Schedule
Reimb. Period Jan. - May June July Aug. - Sept. Oct.-Dec.

Reimb. Reqd. June July Aug. Sept. Sept.

It is estimated that approximately $1,784,123 will be needed to operate the 2023 internal Sequoia Shuttle. This amount is $120,000 higher than last year as a result of the requested increase of internal route frequency, possible service to Dorst Campground, Visalia’sOperations & Maintenance Contract cost increase, and an inflationary increase of 2.5% for leases and overhead allowed under the previous contract. Moving forward, the Transit Division will base all increase off the CPI-U for service and correlating PPI for product as published by the Bureau of Labor Statistics.

Fiscal Impact:

The Sequoia Internal Shuttle service is covered 100% by the contract payments from the National Park Service (NPS) which is placed in the Shuttle Internal Revenue line, account code 4553-44503.

Transit requests reimbursement electronically monthly though the Federal Government website ASAP.gov and payment is made electronically within 24-hours. Transit only requests reimbursement for all costs incurred by the operation of the Sequoia Internal Service.

Prior Council Action:

March 12, 2018: Approval of the last 5-year contract for Sequoia Internal Shuttle services.

Other:

None.

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File #: 23-0177, Version: 1
Alternatives:

None.

Recommended Motion (and Alternative Motions if expected):
.recommendation
I move to authorize the City Manager to enter into a five (5) year Cooperative Agreement with the National Park Service (NPS) for an annual amount received of $1,784,123 to be adjusted annually as described within the report.

Environmental Assessment Status:

None.

CEQA Review:

None required.

Attachments:
1) P23AC00523 City of Visalia SEKI Shuttle
a. DRAFT Contract between the City of Visalia and the United States Department of the Interior.
b. The Sequoia Internal Shuttle 2023 Budget and Schedule as approved by the NPS leadership team.

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SEQUOIA SHUTTLE
City Council
December 15, 2025
Visalia Transit
116

T RANSI T DI VI SI O N

PURPOSE
1 Rates and Fees
Ridership Statistics
Ticket Sales
Local Transit Funds (LTF)
Other Funding
Recommendations
2 3
4 5
6 visalia.go
v
117

T RANSI T

DI VI SI O N
visalia.go
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Gateway Shuttle
Rates and Fees (Round Trip/Person)
• 2007: $10.00
• 2008: $15.00
• 2019: $20.00 ($16.00 with 20% Group Discount)
• 2025: $15.00
• 2026: $15.00 ($5.00 Visalia Resident Discount?)
118

T RANSI T

DI VI SI O N
Ridership – Gateway Shuttle
visalia.go
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2018 2019 2021 2022 2023 2024 2025
May 1,130 1,135 0 541 0 731 723
June 3,309 1,426 0 1,801 0 1,667 2,037
July 4,452 1,839 0 1,938 196 1,985 2,250
August 3,630 1,491 0 2,625 235 1,842 2,278
September 967 284 0 533 724 202 72
Total 13,488 6,175 0 7,438 1,155 6,427 7,360
119

T RANSI T

DI VI SI O N
visalia.go
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Expenses Revenue LTF Cost
$401,157 $34,218 $366,939
Tickets
Sold
Fare Ticket
Sales
3,391 $20 $34,191
Expenses Revenue LTF Cost
$544,516 $57,939 $486,577
Tickets
Sold
Fare Ticket
Sales
4,056 $15 $57,902
Gateway Shuttle
2024 2025
120
60%35%
5%

T RANSI T

DI VI SI O N
visalia.go
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Historical LTF Support
2019 $451,956
2022 $304,306
2023 $403,143
2024 $366,939
2025 $486,577
121

T RANSI T

DI VI SI O N
visalia.go
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Potential Funding Opportunities
• FTA Section 5311(f) History
* Rural Transit & Intercity Bus
• City General Fund (Not Recommended)
• Visalia Tourism Marketing District Contribution
• TCAG Measure R Public Transit Funds
• Transient Occupancy Tax
122

T RANSI T

DI VI SI O N
Other Considerations New $100 per
individual park fee
for international
visitors
* International visitors
comprise 16% of
Gateway Shuttle riders
2026 FIFA World Cup
North America
* Los Angeles
(June 12th–July 10th)
* San Francisco
(June 13th–July 1st)
visalia.go
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T RANSI T

DI VI SI O N
visalia.go
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Recommendations:
• Authorize Gateway Shuttle for the 2026 Season;
• Authorize $15.00/Person Round Trip Fare with
$5.00/Person Discount for Visalia Residents;
• Authorize Use of LTF Funds For Gateway Shuttle, and to Pursue Other Funding Opportunities
• City Council Meeting Report by October 2026
124
Questions
&
Discussion
125
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0428 Agenda Date: 12/15/2025 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0494 Agenda Date: 12/15/2025 Agenda #: 2.

Agenda Item Wording:

Award Design Contract - Authorize the City Manager to award a professional design services contract to 4Creeks Inc in the amount of $264,114 for the design of Modoc Basin and the Linwood Embankment, appropriate $50,800 from the 221 Storm Construction Fund and $35,100 from the 261 Waterways Fund, and authorize the City Manager to execute a Measure R Supplemental Agreement with the Tulare County Transportation Authority (TCTA).

Prepared by:

Katherine Woodhull-Fuget, Associate Engineer, [email protected], (559) 713- 4447; Eric Bons, Senior Civil Engineer, [email protected], (559) 713-4350; Chris Crawford, City Engineer, [email protected], (559) 713-4331; Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation: Staff recommends that Council authorize the City Manager to award a professional design services contract to 4Creeks Inc for the design of Modoc Basin and the Linwood Embankment in the amount of $264,114, appropriate $50,800 from the 221 Storm Construction Fund and $35,100 from the 261 Waterways Fund, and authorize the City Manager to execute a Measure R Supplemental Agreement with the Tulare County Transportation Authority (TCTA) to utilize funds from the Measure R Trailways Fund (132) towards this project.

Summary:

This project will regrade the existing Modoc Basin located on the north side of Riggin to accommodate the extension of Linwood Street to the north. Design will include deepening the basin east of the Linwood alignment, grading the Linwood embankment, filling in the basin west of Linwood, a landscaped recreational trail around the basin, and potentially a parking lot for trail users.

Background Discussion:

Modoc Basin, located on the north side of Riggin Ave between Demaree and Akers, was acquired from the Modoc Ditch Company (MDC) by the City of Visalia in 2016. The basin serves as both a stormwater retention basin and a groundwater recharge basin and can receive flows from Modoc Ditch. The City has an operational agreement with MDC regarding the use of Modoc Ditch for stormwater purposes which permits MDC to use Modoc Basin for water balancing and recharge purposes from June through October each year as long as their use does not interfere with use by the City.

In order to accommodate incoming development north of the basin, this project will regrade the basin for the future extension of Linwood St. Dirt from the eastern portion of the basin will be used to fill in the western portion and the alignment of Linwood St. This will result in a deeper basin with a reduced total footprint. While the basin depth will be increased (a total depth of 25 ft is anticipated), staff intend to keep the side slopes as gradual as possible, and do not anticipate fencing the basin at this time.

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File #: 25-0494 Agenda Date: 12/15/2025 Agenda #: 2.

Consultant Selection and Scope of Work
On April 25, 2025, the City Council awarded the On-Call Civil Engineering Services contract (RFQ 24 -25-29) to six (6) qualified consulting firms: Peters Engineering Group, 4Creeks, Inc., Provost & Pritchard Consulting Group, TRC Engineers, Inc., Lane Engineers, Inc., and CWE. 4Creeks, Inc was selected from the approved list of on-call consultants to submit a proposal for design services related to this project. They are very familiar with the project vicinity, having designed the widening of Riggin Ave as well as a number of the neighboring subdivisions. Following review of their proposal, scope refinement, and fee negotiations, 4Creeks’ proposed fee of $264,114 is determined to be reasonable.
4Creeks’ scope of work includes preparing plans, specifications, and estimates (PS&E) for the regrading of Modoc Basin, the Linwood embankment, and a recreational trail around the regraded basin. Full design of Linwood street is not included in the project scope, and only grades to road subgrade will be included in the PS&E. Engineering expects complete street design to be done in conjunction with incoming development to the north.

Designed trail improvements will include a decomposed granite (DG) trail and landscaping at a minimum, with an asphalt trail adjacent to the DG and a parking lot for trail users if space permits.

Construction of trail improvements will depend on funding availability.

The proposed fee of $264,114 includes the optional tasks of bidding and construction support services, which would be provided on a time and materials basis not to exceed $16,796.

Fiscal Impact:

This project is funded by multiple funds: SD Construction (221), Groundwater Recharge (224), Transportation Impact Fee (241), and Measure R Trailways (132). Based on proportional share of estimated construction costs, the design phase costs should be distributed as shown in the table below:

Fund % Cost
Share
Design Phase
Total
Budgeted Funds Fund Surplus
(Deficit)
Appropriation
Request
221 - SD Const 37% $ 156,300 $ 105,500 $ (50,800) $ 50,800 224 - GW Recharge 21% $ 91,400 $ 105,500 $ 14,100 241 - TIF 9% $ 38,000 $ 367,500 $ 329,500 132 - MR Trails 25% $ 104,800 $ 2,270,000 $ 2,165,200 261 - Waterways 8% $ 35,100 $ - $ (35,100) $ 35,100 The total design phase cost is estimated to be $425,600 when considering staff time and other soft costs associated with the project design phase. Based on the proportional distribution of costs, staff requests an additional appropriation of $50,800 from fund 221 SD Construction and $35,100 from fund 261 Waterways for their share of the design phase.

Staff intends to submit a CIP request in the upcoming budget cycle for construction.

Council previously approved the appropriation of Measure R Trailways funds to fund the trail Visalia City Council Printed on 12/9/2025Page 2 of 3
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File #: 25-0494 Agenda Date: 12/15/2025 Agenda #: 2.
component of the project as part of the adoption of the 2-year Capital Improvement Program for fiscal years 2022-23 and 2023-24 . A Measure R Supplemental Agreement is required to authorize the city to utilize Measure R Trailways funds towards this project. Staff recommends that City Council authorize the City Manager to execute a Measure R Supplemental Agreement with the TCTA allowing the use of $104,800 of Measure R Trailways funds towards the design phase of the project.

Prior Council Action:

February 1, 2016 - City Council conducted the second reading of and adoption of Ordinance 2016-01 for the sale to Modoc Ditch Company (MDC) of two City-owned properties located on the Saint John’s River and authorized the City Manager to execute the sale as part of the Basin Exchange Agreement.

January 19, 2016 - City Council conduced the first reading of Ordinance 2016-01 for the sale to MDC of two City owned properties located on the Saint John’s River as part of the Basin Exchange Agreement.

October 19, 2015 - City Council in closed session authorized the execution of the Basin Exchange Agreement with MDC for the Modoc Basin property.

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

I move to to award a professional design services contract to 4Creeks Inc in the amount of $264,114 for the design of Modoc Basin and the Linwood Embankment, appropriate $50,800 from the Storm Construction Fund and 35,100 from the Waterways Fund, and authorize the City Manager to execute a Measure R Supplemental Agreement with the Tulare County Transportation Authority (TCTA) to utilize funds from the Measure R Trailways Fund.

Environmental Assessment Status: NEPA Environmental Assessment is not needed for this project.

CEQA Review: Staff intend to prepare a Notice of Exemption for this project.

Deadline for Action: 12/15/2025
Attachments:

1. Project Vicinity Map

2. Ownership Disclosure

3. 4Creeks Modoc Basin Proposal
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Modoc Ditch
W R i g g i n A v e
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N
A
k
e
r
s
S
t
N Linwood St
W K i b l e r A v e
W R i v e r w a y A v e
N Demaree St
Ave 320
Lowery Ranch
Ritchie Ranch
Belissa
Linwood
Extension
Revised
Basin Area
Filled-In
Former Basin
Nearmap US
¹
Modoc Basin & Linwood Embankment Project Vicinity Map
Basin
Incoming Development
Land Use TBD
ROW
Parcels
Major Streets
Waterways
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131

PROPOSAL FOR CIVIL ENGINEERING SERVICES
Modoc Basin & Linwood Embankment Design Project
October 30, 2025
Katherine Woodhull-Fuget
315 E. Acequia Avenue
Visalia, CA 93291

Dear Ms. Woodhull-Fuget,

We have prepared a scope of work and fee for the services required to complete the plans, specifications, and engineer’s opinion of probable construction costs (PS&E) for the redesign of Modoc Basin, the design of the Linwood Street embankment, and the design of the Modoc Basin Trail. Our understanding is that the scope of work will generally include the following improvements:

1. Increasing the total basin depth to 25’.

2. Recreational trail with landscaping around basin.

3. Maintenance access path and ramp.

4. Fencing, if needed.

5. Linwood Street preliminary design.
a. 2-lane collector per standard detail P-3.
b. Vertical and horizontal alignment.

6. Backfill and compaction of Linwood Street embankment and basin west of Linwood Street.

7. Relocation and redesign of existing outfall structures.

8. Modification or replacement of Modoc Ditch Inlet structure for trail purposes.

9. Temporary parking lot design for trail users, if feasible.

10. Subdividing the Modoc Basin parcel for the dedication of Linwood ROW.

Attached you will find our proposed scope of work, schedule, and fee needed to complete this project.

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SCOPE OF WORK

TASK 1 – PROJECT MANAGEMENT
4Creeks will act as the prime consultant and will manage the design team’s (organizational chart attached) progress throughout the life of the project. The City of Visalia will be the Contract Administrator for the project. The purpose of the Project Management task is to organize the efforts of the project team, including subconsultants and the City, to keep the project on schedule and on budget. 4Creeks will:

1. Manage project tasks and completion of work products.

2. Coordinate and manage subconsultants.

3. Manage and update the project schedule in coordination with the City of Visalia.

4. Schedule meetings in coordination with the City of Visalia.

5. Represent the 4Creeks team at project coordination meetings.

6. Prepare and distribute project coordination meeting minutes.

7. Respond to the City’s questions/correspondence.

8. Implement and maintain quality control procedures across all disciplines involved in the project.

9. Provide overall quality control of the contract documents.

10. Prepare and submit monthly invoices to the City of Visalia.

4Creeks will coordinate, schedule, and participate in project meetings with the City and other appropriate agencies. 4Creeks assumes one (1) in-person meeting to review City comments of the preliminary conceptual layout, as well as an in-person meeting to review City comments after the 60%, 90%, and 100% submittals.

The above Task 1 services will be provided for a Fixed Fee of $19,976. This task assumes up to five (5) in-person design review meetings. 4Creeks will be available to attend additional in- person or virtual meetings, as needed and approved by the City on a Time and Materials basis.

TASK 2 – PROJECT INITIATION
Upon contract authorization, the Project Initiation task will allow for 4Creeks to research, compile, and present to the City a list of known issues and conflicts within the site parameters and propose what design improvements will be needed to address these issues. 4Creeks will:

1. Conduct a site visit and assess the conditions involving the design of the project.

2. Develop a list of issues, questions, and coordination items.

3. Identify the necessary improvements needed for a complete design. 133

4. Schedule and attend the project kick-off meeting.

5. Prepare agenda for the project kick-off meeting.

6. Review and refine the project schedule included in the contract agreement.

7. Define City and Consultant responsibilities.

8. Review and discuss the scope of work and budget per the contract agreement.

9. Prepare and distribute project kick-off meeting notes.

The above Task 2 services will be provided for a Fixed Fee of $3,680. This task assumes one (1) project kick-off meeting. Any additional items requested, not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

TASK 3 – TOPOGRAPHIC SURVEY
4Creeks will conduct a topographic survey of the approximately 50-acre Modoc Basin, as well as adjacent ditches and roadway improvements. Said survey shall include the following items:

1. Detailed topography of existing roadway (curb, gutter, lip crown) at 50’ interval/stations as necessary.

2. Existing observable improvements within project limits or directly adjacent thereto that may be affected by the project.

3. 100’ x 100’ grid.

4. Observable utilities.

5. Striping and pavement markings.

6. Concrete/sidewalk at 50’ interval/stations as necessary.

7. Tie into the City of Visalia benchmark system.

8. Tie in adjacent centerline or property line monuments for baseline control of site and rotate as necessary. (City of Visalia Coordinate System, LS 20-17)

9. 4Creeks will then prepare the topographic survey map. Property boundaries will be prepared based on record data and field monumentation.

10. Any title or agency documentation shall be provided by the City and/or their agents.

The above-described Task 3 services shall be provided for a Fixed Fee of $17,325. Any additional items requested, not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

TASK 4 – GEOTECHNICAL INVESTIGATION
4Creeks’ subconsultant, Krazan & Associates, will perform a geotechnical investigation.

Krazan will drill ten (10) exploratory borings within the proposed project site to evaluate the subsurface soil conditions. The exploratory borings will be advanced to depths ranging from 134

approximately 10 to 25 feet or auger refusal. In addition, four (4) bulk subgrade samples will be collected for R-Value testing. During drilling operations, penetration tests will be performed at regular intervals to evaluate the soil consistency and to obtain information regarding the engineering properties of the subsoils. Soil samples will be retained for laboratory testing. The soils encountered will be continuously examined and visually classified in accordance with the Unified Soil Classification System. All fieldwork will be done under the supervision of a Geotechnical Engineer or Senior Geologist.

Laboratory testing will be dependent on the results of the field testing and sampling program, as well as consideration of the foundation system, which is most practical and cost-effective for the project. Currently, a series of dry density determinations, moisture contents, expansion tests, direct shear tests, R-Value and consolidation tests are anticipated. The results of the field exploration, laboratory testing, and engineering analysis will be presented in a formal report after thorough discussion of the project findings with project team.

The Geotechnical Engineering Investigation Report will address the following items:

1. Introduction.

2. Site Description.

3. Geological Setting.

4. Soils Profile and Subsurface Conditions.

5. Groundwater Conditions.

6. Engineering Conclusions and Recommendations.

The above Task 4 services will be provided for a Fixed Fee of $10,293. Any additional items requested, not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

TASK 5 – UTILITY COORDINATION SERVICES
4Creeks will complete utility research to identify and mitigate existing and potential conflicts. 4Creeks will complete the following utility coordination services:

1. Utility Research:
 Request and review all dry utility maps in the area as well as CalWater maps.  Update CAD file as needed.

The above Task 5 services will be provided for a Fixed Fee of $3,100. These fees do not include any processing fees or items not specifically described above. Any additional items requested, not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

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TASK 6 – PRELIMINARY ENGINEERING DESIGN & GEOMETRIC DESIGN CONCEPTS (30%

SUBMITTAL)
4Creeks will prepare the Preliminary Basis of Design and 30% Preliminary Engineering Design to coordinate the design approach, identify feasible site features, and document the project methodology. The preliminary design and basis of design will ensure that both parties agree on design parameters as the project advances into detailed civil design.

The Basis of Design will evolve throughout the design phase and will be finalized after the 60% submittal. The Preliminary Engineering Design will be developed in accordance with City of Visalia Standards and applicable Caltrans Standards, incorporating agency coordination, design concepts, and cost estimating.

This task shall include the following items:

1. Identify applicable design standards and guidelines.

2. Begin coordination with other agencies to determine potential project requirements.

Agencies may include, but are not limited to, the Consolidated People’s Ditch Company, Kaweah Delta Water Conservation District, California Department of Fish and Wildlife, U.S. Army Corps of Engineers, Central Valley Regional Water Quality Control Board, and San Joaquin Valley Air Pollution Control District.

3. Identify permitting requirements by various agencies.

4. Research and provide recommendations for project construction staging.

5. Prepare dirt volume calculations (to be incorporated in related project tasks).

6. Develop preliminary geometric design concepts, including trail, Linwood Street, basin, parking, and access layouts.

7. Prepare topographic and utility base maps showing existing conditions and potential design impacts.

8. Establish the preliminary PS&E setup, including plan sheet organization and numbering.

9. Integrate applicable City, Caltrans, and agency standard plans into the design.

10. Prepare ADA-compliant ramp and curb layouts with preliminary grading details.

11. Incorporate project benchmarks and vertical control references.

12. Resolve outstanding design issues from earlier project phases and conduct QA/QC review of preliminary plans.

13. Prepare a preliminary construction cost estimate based on proposed improvements and anticipated quantities.

14. Incorporate the geotechnical analysis findings into the final Basis of Design. 136

The above Task 6 services will be provided for a Fixed Fee of $43,000. Any additional items requested, not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

TASK 7 – CIVIL ENGINEERING DESIGN
4Creeks will complete Plans, Specifications, and Estimates (PS&E) packages to be submitted to the City of Visalia for review at the 60%, 90%, 100%, and final design milestones. The City is anticipated to provide a consolidated set of review comments at each submittal stage. The 4Creeks team will revise the PS&E documents in accordance with City comments and provide an updated copy of the design team’s internal QC review at each stage. This task shall include the following services:

Design Plans
4Creeks will prepare a complete set of improvement plans per the City’s specifications, including the following:

1. Cover Sheet.

2. Topographic and Existing Conditions Plans.

3. Demolition Plans (if applicable).

4. Civil Improvement Plans with proposed layouts and utilities and faded topography.

5. ADA-compliant curb ramps, sidewalks, and pedestrian facilities.

6. Signing, Striping, and Markings Plans.

7. Civil and Standard Detail Sheets.

8. Landscape and Irrigation plans prepared by 4Creeks’ subconsultant, Wood Architecture.

9. Review the overall PS&E package and identify logical project components that can be separated into alternate bid schedules (e.g., trail enhancements, landscaping, temporary parking lot, embankment improvements, or other non-critical items).

10. Develop clear plan sheets, specifications, and bid schedules to properly identify all alternate bid scopes within the PS&E package.

11. Ensure all alternate items are clearly labeled and structured for ease of contractor pricing and City evaluation during the bidding process.

12. Provide recommendations on strategies to maximize construction flexibility while maintaining design intent and ensuring the full project remains bid ready.

The above Task 7 services will be provided for a Fixed Fee of $135,180. Any additional items requested, not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

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TASK 8 – SPECIFICATIONS AND COST ESTIMATES
4Creeks will prepare the technical specifications and cost estimates and address any comments provided by the City. This task shall consist of the following services:

Project Specifications

1. Special provisions and technical specifications not covered by City standards.

2. Utility coordination language.

3. Traffic control, work hour limitations, and other project-specific restrictions.

4. Bid item descriptions, schedule, and supporting details.

5. Required contract language, certificates, and disclosures.

Project Specifications will be submitted at the 90% and 100% stages.

Engineer’s Estimate of Probable Construction Costs
4Creeks will prepare a detailed, itemized engineer’s estimate that includes:

1. Descriptions of work items, units, quantities, and unit prices.

2. Subtotals, contingencies, and overall project totals.

It is assumed that the City of Visalia will provide 4Creeks with their standard template specifications.

The above Task 8 services will be provided for a Fixed Fee of $14,764. Any additional items requested, not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

TASK 9 – BIDDING SUPPORT (OPTIONAL)
4Creeks will assist the City during the bidding phase of the project to ensure that all contractor bids are clear, complete, and responsive to the project requirements. Under this task, 4Creeks shall assist the City with the following, as requested:

1. Respond to Requests for Information (RFIs) submitted by prospective bidders.

2. Prepare and issue clarifications and addenda to the bid documents, as necessary.

3. Develop supporting exhibits, sketches, or supplemental technical details to clarify design intent.

4. Coordinate with City staff to ensure all clarifications and addenda are issued in accordance with City and Caltrans requirements and timelines.

5. Provide technical support to City staff in evaluating contractor inquiries or alternate bid proposals, if any.
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6. Assist the City in documenting all communications and addenda issued during the bid phase for the project record.

The above-described Task 9 services shall be provided for a Time and Material basis not to exceed $5,743. Any additional items requested, not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

TASK 10: CONSTRUCTION SUPPORT SERVICES (OPTIONAL)
4Creeks will provide construction-phase support services to assist the City in achieving a successful construction outcome that aligns with the project’s design intent and specifications. Upon written authorization for the City, 4Creeks shall provide the following construction support services, as needed:

1. Attend the preconstruction conference and periodic construction meetings, as requested by the City.

2. Review contractor technical submittals (e.g., shop drawings, product data, material certifications) for general conformance with the plans and specifications.

3. Respond to Requests for Information (RFIs) from the contractor or City during the construction phase.

4. Provide limited design clarification or interpretation of the contract documents, as necessary.

5. Assist the City with evaluating proposed changes, substitutions, or value engineering alternatives during construction.

The above-described Task 10 services shall be provided on a Time and Material basis not to exceed $11,053. Any additional items requested, not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

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COST

TASK DESCRIPTION FEE COST
1 PROJECT MANAGEMENT FIXED FEE $19,976.00
2 PROJECT INITIATION FIXED FEE $3,680.00
3 TOPOGRAPHIC SURVEY FIXED FEE $17,325.00
4 GEOTECHNICAL INVESTIGATION FIXED FEE $10,293.00
5 UTILITY COORDINATION SERVICES FIXED FEE $3,100.00
6 PRELIMINARY ENGINEERING DESIGN & GEOMETRIC DESIGN CONCEPTS (30%

SUBMITTAL)
FIXED FEE $43,000.00
7 CIVIL ENGINEERING DESIGN FIXED FEE $135,180.00
8 SPECIFICATIONS AND COST ESTIMATES (PS&E) FIXED FEE $14,764.00 9 BIDDING SUPPORT (OPTIONAL) T&M $5,743.00
10 CONSTRUCTION SUPPORT SERVICES (OPTIONAL) T&M $11,053.00

DESCRIPTION TOTALS COST
TOTAL FEE WITHOUT OPTIONAL TASKS (TASKS 1-8) $247,318.00 OPTIONAL TASKS TOTAL (TASKS 9-10) $16,796.00
TOTAL FEE W/OPTIONAL TASKS (TASKS 1-10) $264,114.00

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City of Visalia Responsibilities

1. Provide potholing/as-builts as necessary to determine true utility locations.

2. Provide responses to Consultant’s questions within two (2) days throughout the project.

3. Attend and participate in monthly project coordination meetings and City review meetings.

4. Provide expedited permits and City review to maintain the project schedule.

5. Provide standard template specifications.

Assumptions
Based on information provided by the City of Visalia, the scope of work was developed based on the following assumptions:

1. All right of way acquisition, dedication, subdivision, and parcel mapping services are excluded from this scope of work. The City of Visalia owns all parcels involved in the project and will complete any necessary parcel splits, right of way dedications, or mapping internally. Therefore, the task listed in the original scope of work titled - Professional Land Surveyor Services - shall not be required under this contract.

2. It is assumed that there will be no Caltrans encroachment permitting needed for this project.

3. Excluded from this scope of work is the preparation of a storm water pollution control plan and dust control plan and any fees associated with the preparation and approvals of said plans.

4. It is assumed the project can be covered by CEQA exemptions and the City will be performing this work.

5. It is assumed that 4Creeks will not design the canal crossing running along the northerly limits of Modoc Basin.

6. It is assumed we will not be designing the full road. The improvement plans will only include grades to the subgrade. 4Creeks will take into consideration the full road build out, but will rely on the developer to finish those improvement designs.

7. All fixed fees and time and materials services are determined using the amended fee schedule under our current on-call engineering agreement. Optional services in the future will be assessed, and estimates may be updated and provided in the event the agreement and fee schedule has been updated. Any work to be completed at prevailing wages would be based on the current prevailing wage rates.

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We are pleased to submit this proposal and look forward to the opportunity to build a strong working relationship with the City of Visalia. Should you have any questions or require additional information, please do not hesitate to contact us.

Sincerely,

Jason Watts, RCE #85594
Project Engineer

Attachments
Fee Proposal Schedule
Project Design Schedule
Organizational Chart

Matthew Ainley, RCE #66233
Principal-In-Charge
142
Scope of Work Project
Technician II
Project
Technician III
Project Technician III
(3% Increase 2026)
Project
Technician IV
Project Technician IV
(3% Increase 2026)
Senior
Engineer
Senior Engineer (3%
Increase 2026)
Principal
Engineer
Principal Engineer (3%
Increase 2026)
Senior Structual
Engineer
Senior Structual
Engineer (3%
Increase 2026)
Senior
Surveyor
Survey Crew
(2-Man Topo)
Krazan
(Geotech)
Wood
Architecture
$110 $125 $128.75 $140 $144.20 $195 $200.85 $245 $252.35 $195.70 $165 $185 $300 1.15 1.15 PHASE 1 - PRELIMINARY ENGINEERING
Task 1 - Project Management
Project Coordination 12 50 9 $13,868
Prepare Monthly Progress Reports and Invoicing 2 4 $1,193 Prelimiary Design Meeting (1 total) 1 2 $530
Plan Check Meetings (4 total) 1 3 1 3 $1,370
Prepare and Maintain Project Schedule 9 9 $3,015
$19,976
Task 2 - Project Initiation
Kickoff Meeting (1 total) 4 16 $3,680
$3,680
Task 3 - Topographic Survey
Topographic Survey 45 27 $14,400
Boundary and Property Lines 9 9 $2,925
$17,325
Task 4 - Geotechnical Investigation
Geotechnical Services $8,950 $10,293
$10,293
Task5 - Utility Coordination Services
Utility Research 18 8 $3,100
$3,100
Task 6 -Preliminary Engineering Design & Geometric
Design Concepts (30% Submittal)
Basis of Design 20 60 8 $12,460
30% Civil Engineering Design 50 100 15 24 9 $30,540
$43,000
Task 7 - Civil Engineering Design
60% Civil Engineering Design 80 120 40 15 38 $45,712
90% Civil Engineering Design 40 100 30 15 29 $34,200
100% Civil Engineering Design 20 80 6 25 10 $22,752
Landscape and Irrigation Design Services $14,410 $16,572 Split PS&E Bid Package into Alternate Bid Packages 40 47 20 $15,944 $135,180
Task 8 - Specifications and Cost Estimates
Project Specifications 40 9 9 4 $10,172
Project Cost Estimate 10 8 9 2 $4,592
$14,764
Task 9 - Bidding Support (Optional)
Bidding Assistance Services 18 9 4 2 $5,743
$5,743
Task 10 - Construction Support Services (Optional)
Construction Assistance Support Services 40 18 4 4 $11,053 $11,053
TOTAL: 18 200 68 497 188 150 147 64 14 67 24 9 27 $8,950 16,571.50$ $285,979 TOTAL TASKS 1-8 = $247,318
OPTIONAL SERVICE TASKS 9-10 = $16,796
TOTAL TASKS 1-10 = $264,114
City of Visalia - Modoc & Linwood
Fee Proposal
Subconsultants
TOTAL
4Creeks
143
ID Task Name Predecessors Duration Start Finish
1 Modoc Basin & Linwood Embankement Design Project 412 days Mon 12/1/25 Tue 6/29/27 2 Receive Notice to Proceed 0 days Mon 12/1/25 Mon 12/1/25 3 Schedule Kick-Off Meeting 2 5 days Mon 12/1/25 Fri 12/5/25 4 Request Utility Maps 3 0 days Fri 12/5/25 Fri 12/5/25 5 Topographic Survey - Field Work 2 30 days Mon 12/1/25 Fri 1/9/26 6 Draft Base Map and Utilities - Note: some utilities currently take 11 - 12 weeks to receive plat maps; utilities will be drafted as they are received
5 7 days Mon 1/12/26 Tue 1/20/26
7 Geotechnical Investigation and Analysis 2 45 days Mon 12/1/25 Fri 1/30/26 8 Prepare 30% Plans and Estimate and Submit to City 5 45 days Mon 1/12/26 Fri 3/13/26 9 City Review and Comments on 30% Submittal 8 7 days Mon 3/16/26 Tue 3/24/26 10 30% Design Meeting with City 9 7 days Wed 3/25/26 Thu 4/2/26 11 Ditch Company Coordination 6 15 days Wed 1/21/26 Tue 2/10/26 12 Prepare 60% Plans and Estimate and Submit to City 10 30 days Fri 4/3/26 Thu 5/14/26 13 City Review and Comments on 60% Submittal 12 7 days Fri 5/15/26 Mon 5/25/26 14 60% Design Meeting with City 13 7 days Tue 5/26/26 Wed 6/3/26 15 Prepare 90% PS&E and Submit to City 14 20 days Thu 6/4/26 Wed 7/1/26 16 City Review and Comments on 90% PS&E 15 7 days Thu 7/2/26 Fri 7/10/26 17 90% Design Meeting with City 16 7 days Mon 7/13/26 Tue 7/21/26 18 Prepare 100% PS&E and Submit to City 17 14 days Wed 7/22/26 Mon 8/10/26 19 City Review and Final Comments on 100% PS&E 18 7 days Tue 8/11/26 Wed 8/19/26 20 100% Design Meeting with City 19 7 days Thu 8/20/26 Fri 8/28/26 21 Revise & Prepare Final Bid PS&E 20 7 days Mon 8/31/26 Tue 9/8/26 22 Bidding Phase 21 30 days Wed 9/9/26 Tue 10/20/26
12/1
12/5
9/28 10/12 10/26 11/9 11/23 12/7 12/21 1/4 1/18 2/1 2/15 3/1 3/15 3/29 4/12 4/26 5/10 5/24 6/7 6/21 7/5 7/19 8/2 8/16 8/30 9/13 9/27 10/11 10/25 11/8 Oct '25 Nov '25 Dec '25 Jan '26 Feb '26 Mar '26 Apr '26 May '26 Jun '26 Jul '26 Aug '26 Sep '26 Oct '26 Nov '26 Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Deadline
Progress
Manual Progress

Page 1 ends

Project: 251727 - Modoc Basin &
Linwood Embankment Design
Date: Fri 10/17/25
144

LISA WALLIS-DUTRA,
PE, TE, PTOE, RSP₁
Quality
Assurance/Quality
Control
QA/QC

MATTHEW AINLEY, PE
Principal-in-Charge
MAGGIE

NAVARRETE
Asst.

Engineering
Designer
ANGEL

BARAJAS-DIAZ
Asst.

Engineering
Designer
TREVOR
BROOKS
CAD
Technician
MAIRA
NAVEDA
Asst.

Engineering
Designer

KRYSTAL

CHAVEZ, EIT
Asst.

Engineering
Designer

ELSA MEJIA, PE
Senior Civil Engineer TIMOTHY JARVI, PE
Civil Engineer

JASON WATTS, PE
Project Manager/
Senior Civil Engineer
Organizational Chart
BRIAN
MOLINA
Asst.

Engineering
Designer
145
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0531 Agenda Date: 12/15/2025 Agenda #: 3.

Agenda Item Wording:
2024/25 AB 1600 Report - Request for City Council to receive, review, and file the 2024/25 Impact Fee Report as required by State Law.

Prepared by: Renee Nagel, Finance and Technology Director,559-713-4375, [email protected]; Amee Swearingen, Budget Analyst, 559-713-4170, [email protected]
Department Recommendation: The 2024/25 Impact Fee Report has been prepared and submitted in compliance with California Government Code Section 66006(a) and (b), and no Council action is required other than to receive, review, and file the report.

Summary:

Development impact fees are a funding mechanism used by California cities to pay for the new or expanded infrastructure needed to serve growth and development. Impact fees are imposed by a local government on new development to pay for the proportionate costs attributable to providing public infrastructure to serve each new development. Impact fees are a charge on new development which helps fund and pay for the construction or needed expansion of offsite capital infrastructure improvements which include roads, parks, storm drains, public safety and other public facilities.

In the 2024/25 Fiscal Year, the Impact Fee funds received $22.3 million in revenues which is an increase of 13.6% ($3.0 million) from the previous year (FY 23/24 revenues $19.3 million). The $22.3 million consists current year impact fee revenue, prior year revenue adjustments, and interest earnings as shown in the table below.
2023/24 2024/25 Increase
Impact Fee Revenue 14,404,694 17,157,673 2,752,979
Investment Earnings 4,176,273 5,407,196 1,230,923 Misc Revenue 708,710 529,733 (178,977)
Total Revenue 19,289,677 23,094,602 3,804,925
As shown in the Impact Fee report (Attachment 1), a total of $15.4 million was spent on impact fee related projects in the 24/25 Fiscal Year. The funds collectively hold $93.0 million in cash; however, these funds will need to collect an additional $201.9 million by FY 29/30 to fund the projects listed in the current 6-Year Capital Improvement Plan. Projects are planned based upon the resources projected to be available in each respective fund, and the Capital Improvement Plan is updated every two years with the biennial budget to make any necessary adjustments. Most Impact fees are used to fund large infrastructure projects that take several years to design and acquire land. For this reason, funding needed for construction must be programmed over multiple years as shown in the 6- Visalia City Council Printed on 12/12/2025Page 1 of 6
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reason, funding needed for construction must be programmed over multiple years as shown in the 6- Year Capital Plan (included in the Impact Fee Report attached), allowing cash to accumulate and fund these large projects.

In addition, the Police Impact Fee fund has a debt payment obligation for the Visalia Emergency Communication Center (1st phase of the civic center project). The are currently no impact funds that have a General Fund advance. Three of the funds will be contributing to the 2nd phase of the civic center project. These funds currently have enough cash this year but could need an advance as construction gets further along.

The debt and previous advances were anticipated and are being managed as part of each fund’s capital program.

Past Impact Fee actions are summarized below for informational purposes. · June 7, 2010, during the Great Recession, Council approved the reduction of the Transportation Impact Fees (TIF), Park Impact Fee, and Waterways Impact Fee by 15%. The Park Acquisition Fee and the Waterways Acquisition Fee were reduced based on the analysis that showed land acquisition costs had dropped.
· In March 2013, an increase was made to the TIF of 6.5% to reflect 09/10 Engineering News Record Construction Cost Index (ENRCCI) adjustment not taken in FY 09/10. · June 6, 2015, Council approved the TIF fees to increase by 11%. · In addition to the adjustments summarized above, the fees are adjusted each year by the ENRCCI rate as part of the City’s annual Rates and Fees process.

With ongoing increases in land and construction costs, staff will continue to review the capital needs of the impact fee funds and perform analysis in order to make recommendations on the adjustment of these fees.

Background Discussion:

When based on a comprehensive plan and used in conjunction with a sound capital improvement plan, impact fees can be an effective tool for ensuring adequate infrastructure to accommodate growth where and when it is anticipated. It is important that communities rely on zoning and other land use regulations, consistent with a comprehensive plan, to influence patterns of growth and to accurately predict new infrastructure needs. However, in areas facing development postponement due to the lack of adequate public facilities, impact fees may be viewed not as growth controlling measures, but rather as growth facilitators when they provide needed funding for required infrastructure. Typically, impact fees are:
· Levied on an "up-front" or "front-end" basis, usually at the time of building permit issuance or subdivision approval; and
· Dedicated to a specific public use, such as transportation facilities, sewer facilities, water facilities, or parks and recreation facilities, etc.; and Visalia City Council Printed on 12/12/2025Page 2 of 6
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· Calculated based upon the number of residents or bedrooms in a dwelling, the square footage of a building, the linear footage of the front property line, or as a flat fee per unit or building lot, or some other formulation; and
· Prescribed by ordinance.

The purpose of this report is to disclose the City’s collection and use of impact fees and to demonstrate that these monies were appropriately spent on impact related projects. The 2024/25 Impact Fee Report is in compliance with Government Code Section 66006 which requires agencies to provide information on each fund or account established for the collection of impact fees. Within 180 days after the last day of each fiscal year this information must be made available to the public for the period covered by that fiscal year. The report must include the following:

1. A brief description of the type of fee in the fund.

2. The amount of the fee.

3. The beginning and ending balances of the fund.

4. The amount of fees collected, and the interest earned.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the improvement that was funded with fees.

6. An identification of an approximate date by which the construction of the public improvement will commence if the City determines that sufficient funds have collected to complete financing on an incomplete public improvement.

7. A description of each inter-fund transfer or loan made from the fund, including the public improvement on which the transferred or loaned fees will be expended, and in the case of an inter-fund loan, the date on which the loan will be repaid and the rate of interest that will be received on the loan.

8. The amount of refunds made per Government Code Section 66001 (e).

The availability of the 2024/25 Impact Fee Report was published in the Visalia Times Delta on November 25, 2025. Once the information is available to the public, but not less than 15 days from the date it is made available, the City Council must review the information at its next regularly scheduled meeting. A notice of the time and place of this meeting, including the address where the information may be reviewed, must be mailed at least 15 days prior to the meeting to any interested party who files a written request with the City for mailed notice of the meeting.

The 2024/25 Impact Fee Report provides information on the following Impact Fee Funds:

Fund Description
102 Public Facility - Civic Center Impact Fund
103 Public Facility - Corporation Yard Impact Fund
104 Public Facility - Library Impact Fund
105 Police Impact Fund
106 Fire Impact Fund
211 Park & Recreation Facilities Fund
221 Storm Sewer Construction Fund
231 Wastewater Trunk Line Fund
232 Sewer Connection Fund
241 Transportation Impact Fund
261 Waterways Fund
286 Vehilce Miles Traveled Fund
291 Northeast Capital Improvement Fund
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Fund Description
102 Public Facility - Civic Center Impact Fund
103 Public Facility - Corporation Yard Impact Fund
104 Public Facility - Library Impact Fund
105 Police Impact Fund
106 Fire Impact Fund
211 Park & Recreation Facilities Fund
221 Storm Sewer Construction Fund
231 Wastewater Trunk Line Fund
232 Sewer Connection Fund
241 Transportation Impact Fund
261 Waterways Fund
286 Vehilce Miles Traveled Fund
291 Northeast Capital Improvement Fund
All Impact Funds are in compliance with the State Law, as shown below in Table 1: Summary Report 2024/25 Impact Fee Funds. This table is also provided in the report (attachment 1).

Fund
Beginning
Cash
Balance
7/1/24
Internal Loan/
Debt/
Developer
Agreement
Beginning
Balances
Total
Revenue
Total
Expenses
Ending
Cash
Balance
6/30/25
C.I.P Money
Appropriated
6/30/25
Ending
Resources
Available
Future
C.I.P.

Projects
2025/26-
2029/30
Future
Revenue
Needed
Public Facility - Civic Center Impact
Fund (102) $9,255 $0 $952 ($223) $9,984 ($9,189) $795 $0 0 Public Facility - Corportation Yard
Impact Fund (103) 1,356 0 152 (3) 1,505 (87) 1,418 (1,672) 254 Public Facility - Library Impact
Fund (104) 50 0 29 (1) 79 0 79 0 0
Police Impact Fund (105) 433 (2,479) 467 (494) (2,074) (3,422) (5,496) 0 5,496 Fire Impact Fund (106) 1,813 0 409 (139) 2,082 (5,938) (3,857) (225) 4,082 Park & Recreation Facilities Fund
(211) 12,224 0 3,318 (3,484) 12,058 (9,763) 2,295 (59,011) 56,716 Storm Sewer Construction Fund
(221) 6,708 0 2,210 (411) 8,508 (3,522) 4,985 (24,208) 19,223 Wastewater Trunk Line
Construction (231) 16,617 0 2,909 (4,834) 14,693 (13,619) 1,073 (21,869) 20,796 Sewer Connection Fund (232) 3,722 0 1,422 (8) 5,136 0 5,136 0 0 Transportation Impact Fund (241) 33,013 (2,909) 9,735 (5,141) 34,698 (24,927) 9,771 (63,929) 54,157 Waterways Fund (261) 4,697 0 1,262 (649) 5,310 (1,401) 3,910 (3,462) 0 Vehicle Miles Travel Fund (286) 27 0 13 (0) 40 0 40 0 0 Northeast Capital Improvement
Fund (291) 724 0 217 1 942 (677) 265 0 0
Total $90,640 ($5,388) $23,095 ($15,386) $92,961 ($72,545) $20,416 ($174,375) $160,722

SUMMARY REPORT
2024/25 Impact Fee Funds
(In thousands)
Table 1 is a summary of all the Impact Funds and shows the future revenue required in each fund to pay for both current projects and future projects included in the Capital Budget plan through fiscal year 2029/30. As new development occurs, additional impact fees will be collected to fund the Visalia City Council Printed on 12/12/2025Page 4 of 6
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year 2029/30. As new development occurs, additional impact fees will be collected to fund the projects reflected in the “FutureRevenue Needed”column of Table 2. Five funds are shown as not needing future revenue at this time due to projects not being listed in the current 6-year plan. These funds are the Civic Center fund, Library Impact, Sewer Connection fund, Vehicle Miles Traveled fund and the Northeast Capital Improvement fund. Below is more detail on the funds:
· Civic Center-Public Facility Fees (102) is being used to help fund Phase 2 of the Civic Center project which will construct the Public Safety Office Building, Evidence Building, and Council Chambers. In addition to impact fees, Civic Center Phase 2 will receive funding from other sources. There is currently enough funds to cover the money appropriated for this project and contract. The remaining fund balance will be used for any change orders and the design of Phase 3 of the Civic Center project.
· The Library Impact Fees (104) contributed to a joint project with Tulare County for the rehabilitation and expansion of the Visalia branch of the Tulare County Library. The rehabilitation project was completed in 2010 and the total amount of the loan from the General Fund to pay the impact fee portion of the project was $269,189. The loan was paid off last fiscal year. There are no projects currently identified for the fund and will be reviewed with the upcoming two-year budget process that will be adopted in June 2026. Staff is currently working with Tulare County to identify future projects. · Sewer Connection Fund (232) does not have any future projects due to the sewer master plan being updated. The plan is currently under contract and being updated by the Engineering Department. Once the plan is updated, staff will return to Council to propose increasing the fee and fund several new projects.
· Vehicle Miles Traveled Fund (286) is a new fund with a new fee that was collected in FY 22/23. There are no projects currently identified for the fund and will be reviewed with the upcoming two-year budget process that will be adopted in June 2026. · Northeast Capital Fund (291) has no future projects identified in the current 6-year plan to allow funds to accumulate to be able to fund projects. The fund will be reviewed with the upcoming two-year budget process that will be adopted in June 2026.

The Waterways Fund (261) shows that there is no future revenue needed because they currently have enough fund balance to cover the projects that are currently budgeted and the projects programmed out in the current 6-year capital plan. Staff will be reviewing the fund with the upcoming two-year budget process that will be adopted in June 2026.

The Impact Fee Report shows an amount required for future projects. This future project amount is taken from the 6-Year Capital Plan that was adopted with the City’s2 Year Budget in June 2024. The Capital Plan is amended throughout the year as Council approves projects that need to move forward or as opportunities arise.

Fiscal Impact: The Annual Impact Fee Report summarizes actual data from events that have Visalia City Council Printed on 12/12/2025Page 5 of 6
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already occurred. There is no fiscal Impact which will result from review and acceptance of the report.

Prior Council Action: The Annual Impact Fee Report is brought to Council within 180 of the last day of each fiscal year. The report was last reviewed by Council on December 3, 2024 Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

I move that Council receives, reviews, and files the 2024/25 AB1600 Report.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 12/31/2025
Attachments: Attachment 1: City of Visalia Impact Fee Report for Fiscal Year 2024-25 Visalia City Council Printed on 12/12/2025Page 6 of 6
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City of VisaIia

IMPACT FEE REPORT

Fiscal Year 2024-25

152

ii
2024-25 IMPACT FEE REPORT

Table of Contents

Summary Report ................................ ................................ ................................ ............. 1 Public Facility - Civic Center Impact Fund (102) ................................ ........................... 2-3

1. Civic Center Impact Fund Balance ................................ ................................ ....... 2

2. Civic Center Impact Project Status ................................ ................................ ...... 3 Public Facility - Corporation Yard Impact Fund (103) ................................ ................... 4-5

1. Corporation Yard Impact Fund Balance ................................ ............................... 4

2. Corporation Yard Impact Project Status ................................ ............................... 5 Public Facility - Library Impact Fund (104) ................................ ................................ ... 6-8

1. Library Impact Fund Balance ................................ ................................ ............... 6

2. Library Impact Project Status ................................ ................................ ............... 7

3. Public Facilities Impact Fees ................................ ................................ ............... 8 Police Impact Fund (105) ................................ ................................ ........................... 9-10

1. Police Impact Fund Balance ................................ ................................ ................ 9

2. Police Impact Project Status ................................ ................................ .............. 10 Fire Impact Fund (106) ................................ ................................ ............................. 11-13

1. Fire Impact Fund Balance ................................ ................................ .................. 11

2. Fire Impact Project Status ................................ ................................ .................. 12

3. Public Safety Impact Fees ................................ ................................ ................. 13 Park & Recreation Facilities Fund (211) ................................ ................................ ... 14-17

1. Park & Recreation Facilities Fund Balance ................................ ........................ 14

2. Park & Recreation Facilities Project Status ................................ ........................ 15

3. Park & Recreation Impact Fees ................................ ................................ ......... 17 Storm Sewer Construction Fund (221) ................................ ................................ ..... 18-23

1. Storm Sewer Construction Fund Balance ................................ .......................... 18

2. Storm Sewer Construction Project Status ................................ .......................... 19

3. Storm Sewer Construction Impact Fees ................................ ............................. 22 Wastewater Trunk Line Construction Fund (231) ................................ ..................... 24-27

1. Wastewater Trunk Line Construction Fund Balance ................................ .......... 24

2. Wastewater Trunk Line Construction Project Status ................................ .......... 25

3. Trunk Line Impact Fees ................................ ................................ ..................... 27

153

iii
Table of Contents (Continued)

Sewer Connection Fund (232) ................................ ................................ .................. 28-30

1. Sewer Connection Fund Balance ................................ ................................ ....... 28

2. Sewer Connection Project Status ................................ ................................ ...... 29

3. Connection Fees ................................ ................................ ............................... 30 Transportation Impact Fund (241) ................................ ................................ ............ 31-37

1. Transportation Impact Fund Balance ................................ ................................ . 31

2. Transportation Impact Fund Project Status ................................ ........................ 32

3. Transportation Impact Fees ................................ ................................ ............... 36 Waterways Fund (261) ................................ ................................ ............................. 38-41

1. Waterways Fund Balance ................................ ................................ .................. 38

2. Waterways Fund Project Status ................................ ................................ ......... 39

3. Waterways Impact Fees ................................ ................................ .................... 41 Vehicle Miles Traveled (286) ................................ ................................ .................... 42-43

1. Vehicle Miles Traveled Fund Balance ................................ ................................ 42

2. Vehicle Miles Traveled Fund Project Status ................................ ....................... 43 Northeast Capital Improvement Fund (291) ................................ .............................. 44-46

1. Northeast Capital Improvement Fund Balance ................................ ................... 44

2. Northeast Capital Improvement Fund Project Status ................................ ........ .45

3. Northeast Capital Improvement Impact Fees ................................ ..................... 46

Attachments:

City of Visalia 6 Year Capital Improvement Program ................................ .......... 47-68

154

1 Fund
Beginning
Cash Balance
7/1/24●
Beginning
Balance Total Revenue
Total
Expenditures
Ending Cash
Balance
6/30/25
C.I.P Money
Appropriated
6/30/25
Future C.I.P.

Projects
2025/26-2029/30
Future
Revenue
Needed
Public Facility - Civic Center Impact
Fund (102) 1 $9,254,948 $0 $9,254,948 $952,110 ($222,733) $9,984,325 ($9,189,212) $795,112 $0 0 Public Facility - Corportation Yard
Impact Fund (103) 1,356,355 0 $1,356,355 152,066 (3,315) 1,505,106 (87,100) 1,418,006 (1,671,700) 253,694 Public Facility - Library Impact
Fund (104) 1 50,031 0 $50,031 29,074 (568) 78,537 0 78,537 0 0 Police Impact Fund (105) 2 432,652 (2,479,354) ♦ ($2,046,701) 466,858 (494,305) (2,074,148) (3,421,515) (5,495,664) ♦♦ 0 5,495,664 Fire Impact Fund (106) 1,812,553 0 $1,812,553 408,550 (139,176) 2,081,927 (5,938,489) (3,856,562) ♦♦ (225,000) 4,081,562 Park & Recreation Facilities Fund
(211) 12,224,121 0 $12,224,121 3,318,163 (3,484,383) 12,057,901 (9,762,591) 2,295,311 (59,010,900) 56,715,589 Storm Sewer Construction Fund
(221) 6,708,362 0 $6,708,362 2,210,419 (411,269) 8,507,513 (3,522,259) 4,985,254 (24,207,800) 19,222,546 Wastewater Trunk Line
Construction (231) 16,617,376 0 $16,617,376 2,909,052 (4,833,892) 14,692,535 (13,619,428) 1,073,107 (21,869,000) 20,795,893 Sewer Connection Fund (232) 1 3,722,277 0 $3,722,277 1,421,998 (7,934) 5,136,341 0 5,136,341 0 0 Transportation Impact Fund (241) 33,012,844 (2,908,628) ♦ $30,104,216 9,735,274 (5,141,197) 34,698,293 (24,926,982) 9,771,311 (63,928,600) 54,157,289 Waterways Fund (261) 4,697,493 0 $4,697,493 1,261,592 (648,670) 5,310,415 (1,400,874) 3,909,540 (3,461,800) 0 Vehicle Miles Travel Fund (286) 1 27,415 0 $27,415 12,787 (14) 40,189 0 40,189 0 0 Northeast Capital Improvement
Fund (291) 1 724,072 0 $724,072 216,659 1,210 941,941 (676,537) $265,403 0 0 Total $90,640,498 $85,252,516 $23,094,602 ($15,386,246) $92,960,873 ($72,544,988) ($174,374,800) $160,722,237

SUMMARY REPORT
2024/25 Impact Fee Funds
Ending
Resources
Available
$20,415,885
2) The Police Impact Fund (105) show no funding for future projects. This fund is paying down an advance for a current and past project.

Internal Loan/
Developer
Agreement
Balances
A detailed list of Future CIP projects is provided in the attached 6 Year Capital Improvement Program that was approved by the City Council on June 17, 2024 with the City's 2-Year Budget. ●Details of adjustments to Beginning Cash Balance made in accordance with the Audit are provided in the footnotes of the Fund Balance Summary for each Impact fee fund. ($5,387,982)
♦♦ Funds showing negative ending resources available have appropriations which exceed their current available cash. These funds will either have a General Fund advance or loan to cover the negative. ♦ Details of Internal Loan/Developer Agreement Balances are provided in the footnotes of the Fund Balance Summary for each Impact fee fund. 1) The Public Facility - Civic Center Impact Fund (102), Public Facility-Library Impact Fund (104), Sewer Conneciton Fund (232), Vehicle Miles Traveled (286), and Northeast Capital Fund (291) show no future projects. These funds will be reviewed in the next 2-year capital budget process to determine future projects. 155

2 AB1600 Actuals
Beginning Cash Balance 7/1/24 9,254,948$
Revenue
Investment Earnings 541,201
Public Facility - Civic Center Impact Fee 410,909
Total Revenues 952,110
Expenditure
Servicing Fees/Audit/Revenue/Accounting (11,935)
Capital Improvement Program (210,798)
Total Expenditure (222,733)
Ending Cash Balance 6/30/25 9,984,325
C.I.P Money Appropriated 6/30/25 (9,189,212)
Ending Resources Available 6/30/25 795,112
Future C.I.P. Projects 2025/26-2029/30 0
Future Revenue Needed -$
Public Facility - Civic Center Impact Fund (102)
Impact Fee Report 2024/25
156

3 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
102 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Public Safety Building: Design and
Construction of the Public Safety
Building (CP0374 - multi funded project)
95,983,000 (2,065,938) (210,879) X 2027
Construction contract awarded May 2025.

Construction estimated to be complete in
2027.

Expenditure Total $ 95,983,000 (2,065,938) (210,879) The column labeled "fund expenditures" includes only expenditures from this fund.

The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

Financing Complete?
Public Facility - Civic Center Fund (102)
Project Status Report (FY 24/25)
This fund is derived from Public Facility impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities, and not for operation and maintenance.

Fiscal Year 24/25 Activity
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. 157

4 AB1600
Actuals
Beginning Cash Balance 7/1/24 1,356,355$
Revenue
Investment Earnings 79,443
Public Facility - Corporation Yard Impact Fee 72,623
Total Revenues 152,066
Expenditure
Servicing Fees/Audit/Revenue/Accounting (3,315)
Total Expenditure (3,315)
Ending Cash Balance 6/30/25 1,505,106
C.I.P Money Appropriated 6/30/25 (87,100)
Ending Resources Available 6/30/25 1,418,006
Future C.I.P. Projects 2025/26-2029/30 (1,671,700) *
Future Revenue Needed 253,694$
Public Facility - Corporation Yard Impact Fund (103)
Impact Fee Report 2024/25
*A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2024 with the City's 2 Year Budget 158

5 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
103 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
This fund has no projects in FY 24/25. 0 0 0
Expenditure Total 0 0 0
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

The column labeled "fund expenditures" includes only expenditures from this fund.

Financing Complete?
Public Facility - Corporation Yard Fund (103)
Project Status Report (FY 24/25)
This fund is derived from Public Facility impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities for the Corporation Yard, and not for operation and maintenance.

Fiscal Year 24/25 Activity
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. 159

6 AB1600
Actuals
Beginning Cash Balance 7/1/24 50,031$
Beginning Balance 50,031
Revenue
Investment Earnings 3,364
Public Facility - Library Impact Fee 25,710
Total Revenues 29,074
Expenditure
Servicing Fees/Audit/Revenue/Accounting (568)
Total Expenditure (568)
Ending Cash Balance 6/30/25 78,537
C.I.P Money Appropriated 6/30/25 0
Ending Resources Available 6/30/25 78,537
Future C.I.P. Projects 2025/26-2029/30 0
Future Revenue Needed -$
Public Facility - Library Impact Fund (104)
Impact Fee Report 2024/25
160

7 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
104 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
This fund has no projects in FY24/25. 0 0 0
Expenditure Total $ - $ - $ - The column labeled "fund expenditures" includes only expenditures from this fund.

The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

Financing Complete?
Public Facility - Library Fund (104)
Project Status Report (FY 24/25)
This fund is derived from Public Facility impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities for the Library, and not for operation and maintenance.

Fiscal Year 24/25 Activity
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. 161

8 162

9 AB1600 Actuals
Beginning Cash Balance 7/1/24 432,652$
2015 COP Debt for VECC (principal + est. interest) (2,479,354) * Beginning Balance (2,046,701)
Revenue
Police Impact Fee 449,491
Investment Earnings 17,367
Total Revenues 466,858
Expenditure
Servicing Fees/Audit/Revenue/Accounting (969)
Debt Payment (414,852)
Capital Improvement Program (78,485)
Total Expenditure (494,305)
Ending Cash Balance 6/30/25 (2,074,148)
C.I.P Money Appropriated 6/30/25 (3,421,515)
Ending Resources Available 6/30/25 (5,495,664)
Future C.I.P. Projects 2025/26-2029/30 0
Future Revenue Needed 5,495,664$
Police Impact Fund (105)
Impact Fee Report 2024/25
* The 2015 COP Debt is for the Visalia Emergency Communication Center (VECC). The total debt financing for the VECC is 15 years and $23 million. Police Impact Fee Fund is responsible for

26.25%, or $6,123,721.31. The balance as of 6/30/25 is $2,064,501.97. 163

10 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
105 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Public Safety Building: Design and
Construction of the Public Safety
Building (CP0374 - multi funded project)
95,983,000 (2,065,938) (78,485) X 2027
Construction contract awarded May 2025.

Construction estimated to be complete in
2027.

Expenditure Total $ 95,983,000 (2,065,938) (78,485) The column labeled "fund expenditures" includes only expenditures from this fund.

The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

Financing Complete?
Police Impact Fund - 105
Project Status Report (FY 24/25)
This fund is derived from Public Safety impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities, equipment, and not for operation and maintenance.

Fiscal Year 24/25 Activity 164

11 AB1600 Actuals
Beginning Cash Balance 7/1/24 1,812,553$
Beginning Balance 1,812,553
Revenue
Fire Impact Fee 298,938
Investment Earnings 109,612
Total Revenues 408,550
Expenditure
Servicing Fees/Audit/Revenue/Accounting (4,630)
Capital Improvement Program (134,545)
Total Expenditure (139,176)
Ending Cash Balance 6/30/25 2,081,927
C.I.P Money Appropriated 6/30/25 (5,938,489)
Ending Resources Available 6/30/25 (3,856,562)
Future C.I.P. Projects 2025/26-2029/30 (225,000) *
Future Revenue Needed 4,081,562$
Fire Impact Fund (106)
Impact Fee Report 2024/25
*A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2024 with the City's 2 Year Budget 165

12 Fund Description
Number
Total Project
Appropriation
(All Funds)
Total
Fiscal Year
Expenditures
106 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Public Safety Building: Design and
Construction of the Public Safety
Building (CP0374 - multi funded project)
95,983,000 (2,065,938) (134,545) X 2027
Construction contract awarded May 2025.

Construction estimated to be complete in
2027.

Expenditure Total 95,983,000 (2,065,938) (134,545)
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

The column labeled "fund expenditures" includes only expenditures from this fund.

Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

Financing Complete?
Fire Impact Fund - 106
Project Status Report (FY 24/25)
This fund is derived from Public Safety impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities, equipment, and not for operation and maintenance.

Fiscal Year 24/25 Activity
166

13 167

14 AB1600 Actuals
Beginning Cash Balance 7/1/24 12,224,121$
Revenue
Investment Earnings 727,061
Park & Recreation Fees 2,591,090
Misc Revenues 11
Total Revenues 3,318,163
Expenditure
Servicing Fees/Audit/Revenue/Accounting (23,807)
Capital Improvement Program (3,460,575)
Total Expenditure (3,484,383)
Ending Cash Balance 6/30/25 12,057,901
C.I.P Money Appropriated 6/30/25 (9,762,591)
Ending Resources Available 6/30/25 2,295,311
Future C.I.P. Projects 2025/26-2029/30 (59,010,900) *
Future Revenue Needed 56,715,589$
Park & Recreation Facilities Fund (211)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2024 with the City's 2 Year Budget.

Impact Fee Report 2024/25
168

15 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
211 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
East Side Regional Park & Ground
Water Recharge - Design and
environmental work for the East Side
Regional Park & Groundwater
Recharge Project.
(CP0123 - Multi-funded project)
1,278,879 (2,288) (1,748) X Not applicable
Environmental work consisting of the EIR
completed end of 2023. Annexation of
approximately 128 acres located north of Mill
Creek completed by July 2024.Additional
masterplanning adjustments on-going.

Construct East Side Regional Park
Basin G - Design and construction of
Park Basins
(CP0185 - Multi-funded project)
6,950,049 (1,357,533) (533,375) X 2025
Construction Complete. Landscape
maintenance period will end 2026.

Riverway Sports Park - North:

Comprehensive plan for the area north
of the Riverway Sports Park, including
an overflow parking lot (CP0299)
1,750,000 (97,956) (97,956) X 2026
Design underway, consultant scheduled to
complete design in Summer 2025.

Construct East Side Regional Park
Basin F/G - Design and construction of
Park Basins
(CP0371 - Multi-funded project)
3,002,900 (13,945) (4,019) X
Possible EPA funding for construction of 6
acres of the basin has been identified.

Consultant to complete design in 2025/26.

Construction in 2026.

East Side Basin D: Construction of
Basin D at the Eastside regional Park
(CP0396 - Multi-funded project)
2,655,387 (103,034) (5,487) X 2026
Design near completion. Construction
complete by summer 2026.

Cameron Creek Regional Park/Basin:

Aquire land for 5.25 storm/recharge
basin with a 4 acre park and a .5 mile
trail. (CP0517 - Multi-funded project)
3,035,000 (4,016) (42) X
Basin end of 2025
Park end of 2026
Basin is currently under construction.

Developer coordinating with Parks
Department for design of park. Concept
approved by Parks Commission.

Financing Complete?
Park & Recreational Facilities Fund - 211
Project Status Report (FY 24/25)
This fund includes monies from fees paid by developers in lieu of providing parks and open space. Funds are to be used only for open space acquisition and providing park and other recreational facilities.

Fiscal Year 24/25 Activity
169

16 4 Acre Neighborhood Park: Design and
construct 4 acre park in Tulare/Roeben
area. (CP0563)
5,200,000 (2,630) (2,630) X
Developer coordinating with Parks
Department for design of park.

City Inclusive Park: Inclusive Park on
Oak St between Burke St and Imagin U
Children's Museum (CP0595 - Multi-
funded project)
7,880,352 (333,358) (6,517) X 2026
Design is ongoing. Current start date
estimated 2026.

Riverway Community Dog Park:
(CP0612 - Multi-funded project) 291,952 (87,611) (29,431) X 2026 Design underway, and consultant
scheduled to complete design in Summer
2026.

Removal of Orchard for Eastside
Regional Park (CP0633 - multi-funded
project)
1,263,000 (1,183,815) (674,145) X 2025
Orchard clearing completed in Spring 2025.

Notice of contract completion filed March
2025. Tasks remain to fulfill grant
requirements such as flood diversion
monitoring and reporting through the end of
the grant agreement period, ending in 2026.

Goshen Vermargo Park/Pond: Design
regional park/pond at the northwest
corner of Goshen and Virmargo.
(CP0661 - Multi - funded project)
290,000 (156) (13) X
Project funding is for design. Project in
preliminary design phase.

Civic Center Property Purchase:

Purchase land for the Civic Center
Campus from the Successor Agency
(CP0775 - Multi-funded project)
6,280,400 (6,280,317) (2,103,272) X
Property purchase complete.

Northside Scenic Corridor - Hillsdale
Park/Strom Basin (CP9719 - Multi-
funded project)
688,280 (4,573) (1,941) X 2026
Potential change in scope/design underway.

Design change dependent on ongoing
Storm Master Plan Update. Construction on
hold for now.

Expenditure Total 40,566,199 (9,471,232) (3,460,575)
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

The column labeled "fund expenditures" includes only expenditures from this fund.

Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

Park & Recreational Facilities Fund - 211 (continued on next page) Project Status Report (FY 24/25)
170

17 171

18 AB1600 Actuals
Beginning Cash Balance 7/1/24 6,708,362$

Revenue
Storm Drain Impact Fees 1,196,037
Storm Master Plan Fees 548,080
Investment Earnings 438,301
Misc Revenues 28,001
Total Revenues 2,210,419
Expenditure
Operating Expeditures (7,105)
Servicing Fees/Audit/Revenue/Accounting (32,466)
Capital Improvement Program (371,698)
Total Expenditure (411,269)
Ending Cash Balance 6/30/25 8,507,513
C.I.P Money Appropriated 6/30/25 (3,522,259)
Ending Resources Available 6/30/25 4,985,254
Future C.I.P. Projects 2025/26-2029/30 (24,207,800) *
Future Revenue Needed 19,222,546$
Storm Sewer Construction Fund (221)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2024 with the City's 2 Year Budget.

Impact Fee Report 2024/25
172

19 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
221 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Status
Auto Plaza Basin Expansion: to allow
expansion for needed capacity within
the Plaza Business Park and the
Square at Plaza Drive. (CP0302)
150,000 (980) (980) X Land acquisition process has begun.

Goshen Ave Storm Drain Line - Burke St
to Ben Maddox Way - Extend existing
strom drain line. (CP0303)
798,000 (9,952) (9,952) X 2026
Construction anticipated 2026.

Shirk St Widening over Mill Creek -
extension of culvert crossing at Mill
Creek (CP0305 - Multi-funded project)
5,065,532 (113,447) (3,698) X Currently in design, environmental study and regulatory permitting stages.

Shirk Capacity Enhancement/Sewer
Trunk Line - extends sewer line from
School to Goshen and Goshen to
Riggin and widens Shirk from Goshen
to Riggin and Goshen to Hillsdale Ave
(CP0369 - Multi-funded project)
21,866,421 (495,263) (111,150) X
2026 Design Completed. Construction of sewer
trunk line started February 2025. The
capacity enhancement construction
scheduled for completion March/April 2026.

Cameron Creek Regional Park/Basin:

Aquire land for 5.25 storm/recharge
basin with a 4 acre park and a .5 mile
trail. (CP0517 - Multi-funded project)
3,035,000 (4,016) (2,237) X
Basin end of 2025
Park end of 2026
Basin is currently under construction.

Developer coordinating with Parks
Department for design of park. Concept
approved by Parks Commission.

Financing Complete?
Storm Sewer Construction Fund - 221
Project Status Report (FY 24/25)
This fund is derived from Storm Sewer impact fees collected at the time of development. Funds are to be used only for construction of new storm sewer lines to implement the Storm Sewer Master Plan.

Fiscal Year 24/25 Activity
173

20 Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
221 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Status
Removal of Orchard for Eastside
Regional Park (CP0633 - multi-funded
project)
1,263,000 (1,183,815) (38,182) X 2025
Orchard clearing completed in Spring 2025.

Notice of contract completion filed March
2025. Tasks remain to fulfill grant
requirements such as flood diversion
monitoring and reporting through the end of
the grant agreement period, ending in 2026.

Shirk Street Widening Walnut to Noble
(CP0656 - Multi-funded project) 2,482,800 (57,067) (8,091) X Design contract awarded for 30%
preliminary design. Contact will be
amended to obtain 100% plans and
specifications.

Virmargo Right of Way & Utility
Installation: Acquisition of right of way of
Virmargo, Design and Construction of
sewer lift station and installation of
sewer and storm mains (CP0657 - Mulit-
funded project)
2,654,400 (2,116) (491) X
In preliminary design.

Goshen Vermargo Park/Pond: Design
regional park/pond at the northwest
corner of Goshen and Virmargo.
(CP0661 - Multi - funded project)
290,000 (156) (142) X
In preliminary design.

Modoc Basin Improvements: Design
and construct modoc basin (CP0662 -
Multi-funded project)
211,000 (1,314) (657) X
In preliminary design.

Sierra Village Basin Study: Study-
Feasibility of Sierra Village Basin, Lift
Station, and tributary network to evaluate
existing system (CP0666 - Multi-funded
project)
150,000 (356) (267) X
Project timeline is being developed,
contingent on adjacent development.

Storm Sewer Construction Fund - 221 (continued from previous page) Project Status Report (FY 24/25)
Fiscal Year 24/25 Activity Financing Complete?
174

21 Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
221 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Status
Storm Sewer Construction
Administration: Staff preliminary design
and administration of new storm sewer
construction projects as identified in the
Storm Sewer Master Plan. (CP8222)
10,000 (1,626) (1,626) X Not applicable
On-going storm sewer master plan
administration and implementation of the
existing master plan.

Storm Sewer Service Charge Update -
Storm and Sewer master plans and
Nexus Study, perform Prop 218 service
charge to update the fees (CP9067 -
Multi-funded project)
576,849 (61,064) (29,965) X Not applicable
Project awarded to Carollo Engineers in
September 2018. Storm system modeling
and CIP development had many unexpected
delays. Draft master plan, nexus study, and
final draft still to be completed. CEQA added
to scope. Anticipate to be completed in
2026.

Storm Sewer Oversizing: Construct
various storm drain lines. (CP9229) 200,000 (161,626) (161,626) X On going for reimbursement to developers
for storm sewer improvements
Northside Scenic Corridor - Hillsdale
Park/Strom Basin (CP9719 - Multi-
funded project)
688,280 (4,573) (2,633) X
Potential change in scope/design underway.

Construction on hold for now.

Expenditure Total 39,840,259 (2,097,371) (371,698)
Storm Sewer Construction Fund - 221 (continued from previous page) Fiscal Year 24/25 Activity Financing Complete?
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

The column labeled "fund expenditures" includes only expenditures from this fund.

Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

Project Status Report (FY 24/25) 175

22 176

23 177

24 AB1600 Actuals
Beginning Cash Balance 7/1/24 16,617,376$
Revenue
Investment Earnings 930,446
Trunk Line Capacity Fee 1,359,481
Sewer Masterplan Fees 619,125
Total Revenues 2,909,052
Expenditure
Servicing Fees/Audit/Revenue/Accounting (45,327)
Capital Improvement Program (4,788,565)
Total Expenditure (4,833,892)
Ending Cash Balance 6/30/25 14,692,535
C.I.P Money Appropriated 6/30/25 (13,619,428)
Ending Resources Available 6/30/25 1,073,107
Future C.I.P. Projects 2025/26-2029/30 (21,869,000) *
Future Revenue Needed 20,795,893$
Wastewater Trunk Line Construction (231)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2024 with the City's 2 Year Budget.

Impact Fee Report 2024/25
178

25 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
231 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Sanitary Sewer Master Plan: Update the
City's Sanitary Sewer Collection System
Master Plan based on the prior master plan.
(CP0015 - Multi-funded project) 984,987 (43,603) (16,520) X Not applicable Revisions to sewer draft master plan ongoing.

Final plan, CEQA, and nexus study remaining.

Delays caused in coordination with Storm
Sewer Master Plan Update (CP9067).

WRF Nexus Study & Rate Study added to project
scope.

Shirk Street and Walnut Ave traffic signal:

Install signal after the SCE underground
conversion and roadway improvements are
completed on Shirk Street and Walnut
Avenue. (CP0045 - Multi-funded project)
1,321,900 (2,244) (924) X
Project design awarded to QK Inc in October
2019. New scope and contract amendment
required.

Shirk Capacity Enhancement/Sewer Trunk
Line - extends sewer line from School to
Goshen and Goshen to Riggin and widens
Shirk from Goshen to Riggin and Goshen to
Hillsdale Ave (CP0369 - Multi-funded project)
21,866,421 (4,952,263) (3,040,648) X
2026 Design Completed. Construction of sewer trunk
line started February 2025. The capacity
enhancement construction scheduled for
completion March/April 2026.

American Street Trunk Extension: 5,000 feet
of pipeline in American Street (CP0566) 3,835,000 (1,728,189) (1,728,189) X Approximately two thirds of pipeline installed by
development. Remaining segment installation
TBD.

Financing Complete?
Project Status Report (FY 24/25)
Wastewater Trunk Line Construction Fund - 231
This fund's revenues are derived from Sanitary Sewer and Trunk Line Connection Fees. Funds are to be used only for new sanitary sewer trunk line construction, and not for operation and maintenance.

Fiscal Year 24/25 Activity
179

26 Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
221 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Status
Shirk Street Widening Walnut to Noble
(CP0656 - Multi-funded project) 2,482,800 (57,067) (1,430) X Design contract awarded for 30% preliminary
design. Contact will be amended to obtain
100% plans and specifications.

Virmargo Right of Way & Utility Installation:

Acquisition of right of way of Virmargo,
Design and Construction of sewer lift station
and installation of sewer and storm mains
(CP0657 - Mulit-funded project)
2,654,400 (2,116) (542) X
In preliminary design.

Sewer Line Preliminary Engineering:

Preliminary engineering and design work
necessary to provide developers and
engineers with adequate information to
constuct master planned sewer lines with
proposed development projects. (CP9234)
20,000 (312) (312) X
Not applicable Project ongoing.

Expenditure Total 33,275,508 (6,785,794) (4,788,565)
The column labeled "fund expenditures" includes only expenditures from this fund.

The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

Wastewater Trunk Line Construction Fund - 231 (continued from previous page) Project Status Report (FY 24/25)
Fiscal Year 24/25 Activity Financing Complete? 180

27 181

28 AB1600 Actuals
Beginning Cash Balance 7/1/24 3,722,277$
Beginning Balance 3,722,277
Revenue
Investment Earnings 247,826
Treatment Connection Fees 1,174,172
Total Revenues 1,421,998
Expenditure
Servicing Fees/Audit/Revenue/Accounting (5,007)
Capital Improvement Program (2,927)
Total Expenditure (7,934)
Ending Cash Balance 6/30/25 5,136,341
C.I.P Money Appropriated 6/30/25 0
Ending Resources Available 6/30/25 5,136,341
Future C.I.P. Projects 2025/26-2029/30 0 *
Future Revenue Needed -$
Sewer Connection Fund (232)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2024 with the City's 2 Year Budget.

Impact Fee Report 2024/25
182

29 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
232 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Sanitary Sewer Master Plan: Update the
City's Sanitary Sewer Collection System
Master Plan based on the prior master
plan. (CP0015 - Multi-funded project) 984,987 (43,603) (2,927) X Revisions to sewer draft master plan
ongoing. Final plan, CEQA, and nexus study
remaining. Delays caused in coordination
with Storm Sewer Master Plan Update
(CP9067).

Water Reclaimation Facility Nexus Study &
Rate Study added to project scope.

Expenditure Total 984,987 (43,603) (2,927)
The column labeled "fund expenditures" includes only expenditures from this fund.

The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

Financing Complete?
Sewer Connection Fund (232)
Project Status Report (FY 24/25)
This fund is derived from Treatment Plant connection fees. They are to be used only for Treatment Plant expansions. Funds are not to be used for operation and maintenance.

Fiscal Year 24/25 Activity
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. 183

30 184

31 AB1600 Actuals
Beginning Cash Balance 7/1/24 33,012,844$
Developer Contracts (2,908,628) *
Beginning Balance 30,104,216
Revenue
Investment Earnings 1,985,126
Residential Impact Fees 2,484,957
Commercial Impact Fees 2,877,887
Industrial Impact Fees 301,614
Office Impact Fees 1,711,869
Institutional Impact Fees 20,965
Infill Credit Impact Fee (148,864)
Misc Revenue 501,720
Total Revenues 9,735,274
Expenditure
Servicing Fees/Audit/Revenue/Accounting (63,393)
Capital Improvement Program (5,077,804)
Total Expenditure (5,141,197)
Ending Cash Balance 6/30/25 34,698,293
C.I.P Money Appropriated 6/30/25 (24,926,982)
Ending Resources Available 6/30/25 9,771,311
Future C.I.P. Projects 2025/26-2029/30 (63,928,600) **
Future Revenue Needed 54,157,289$
Transportation Impact Fund (241)
** A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2024 with the City's 2 Year Budget. * According to Resolution No. 2004-117 adopted by City council on October 18, 2004, the City will reimburse Developers for street improvements made to Arterial or Collector streets in accordance with the City's circulation element. The beginning balance at 7/1/24 for Developer Agreements is $2,908,628.04. During this fiscal year, $463,048.79 was paid to developers.

Impact Fee Report 2024/25
185

32 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
241 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Stonebrook Crossing of Packwood
Creek: Construct Stonebrook street
culvert crossing (CP0043)
1,046,000 (76,542) (76,542) X 2026
Design complete. Construction approximate
startup in October 2025.

Shirk Street and Walnut Ave traffic
signal: Install signal after the SCE
underground conversion and roadway
improvements are completed on Shirk
Street and Walnut Avenue. (CP0045 -
Multi-funded project)
1,321,900 (2,244) (1,311) X
Project design awarded to QK in 2019 and
placed on hold in 2022 with a pending
contract amendment. Amendment will
include updating the design due to
development of the surrounding area since
2022 and improvements to be installed by
the Shirk Street Widening (CP0656) project.

Design anticipated to resume before the
end of 2025.

East Side Regional Park & Ground
Water Recharge - Design and
environmental work for the East Side
Regional Park & Groundwater
Recharge Project.
(CP0123 - Multi-funded project)
1,278,879 (2,288) (43) X Not applicable
EIR completed end of 2023. Annexation of
approximately 128 acres completed by July
2024. Additional masterplanning
adjustments on-going.

Shirk St & Walnut Ave Roadway
Improvements: Complete roadway
projects along Shirk and Walnut.
(CP0196)
2,800,000 (2,284) (1,647) X
Project will be combined with Shirk and
Walnut Ave Traffic signal (CP0045).

Shirk St Widening over Mill Creek -
extension of culvert crossing at Mill
Creek (CP0305 - Multi-funded project)
5,065,532 (113,447) (109,749) X Currently in design, environmental study and regulatory permitting stages.

Financing Complete?
Transportation Impact Fund - 241
Project Status Report (FY 24/25)
This fund is derived from fees collected at the time of building permit issuance. Funds can be used only for new street improvements and expansion of transportation facilities related to growth.

Fiscal Year 24/25 Activity186

33 Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
241 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Santa Fe Environmental Cleanup -
Remove elevated railroad embankment
along the future Santa Fe Street
Corridor from Houston to Riggin to
correcting limited visibility for trail users.
(CP0308)
2,636,200 (13,248) (13,248) X 2026
Construction late 2026 early 2027.

Riggin Widening - Kelsey to Shirk
(CP0398 - Multi funded project) 13,039,990 (1,134,874) (1,065,408) 2026 Construction start September 2025. completion anticipated March 2026.

Visalia Parkway Widening at Mooney
Blvd (SR-63): Widen to ultimate ROW
width (110') to accommodate 300' left
turn pocket on east and west bound
approaches to Mooney Blvd to reduce
delays. (CP0408)
2,875,000 (236,641) (83,151) X December 2024
Construction began in Spring 2023 and
was completed in December 2024.

Widen Riggin from Mooney to Conyer.
(CP0473) 8,260,000 (6,064,780) (1,416,482) X 2026
Construction underway, approximate
completion date of January 2026.

Visalia Parkway Improvements Design -
North Half - Extend Vislaia Parkway
between Stonebrooke Street and Court
Street (CP0519)
631,400 (40,564) (40,564) X
Developing RFP for design services.

Construction timeframe to be updated as
design progresses.

Traffic Signal Modificaitons at Lovers
Lane and Walnut Ave (CP0521 - Multi
funded project)
2,013,400 (100,501) (60,716) X
Design contract awarded Febuary 2024.

Currently in design. Pending right of way
acquisition and SCE pole relocation.

Transportation Impact Fund - 241 (continued from previous page) Project Status Report (FY 24/25)
Fiscal Year 24/25 Activity Financing Complete?187

34 Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
241 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Northwest Quadrant At-Grade Railroad
Crossing: Study to determine a new at
grade crossing. (CP0524 - Multi funded
project)
962,000 (1,430) (967) X
Design contract to be awarded September
2025.

Design and Construct Tower St (Rd
148) from Cypress Ave to Walnut Ave
(4200 feet) (CP0528 - Multi -funded
project)
878,500 (3,523) (1,983) X
Project timing to be coordinated with SR198
Interchange. In preliminary design.

Linwood Street Embankment: Design
and construct the embankment of the
future Lindwood Street extension north
of Riggin (CP0568)
367,500 (557) (557) X 2026
Preliminary Engineering is underway in
preparation to move into design engineering
phase.

Riggin Widening - Roeben to Akers St
(CP0628 - Multi-funded project) 3,510,000 (60,875) (30,813) X Currently in design.

Shirk/ SR 198 Improvements - design
for the improvements for Shirk and 198
between Hillsdale and eastbound on/off
ramps (CP0630)
781,000 (3,544) (52,436) X Not applicable
Design contract award Oct 2023. Currently
in design, no funding for construction yet.

Removal of Orchard for Eastside
Regional Park (CP0633 - multi-funded
project)
1,263,000 (1,183,815) (45,856) X 2025
Orchard clearing completed in Spring 2025.

Tasks remain to fulfill grant requirements
such as flood diversion monitoring and
reporting through the end of the grant
agreement period, ending in 2026.

Financing Complete?
Transportation Impact Fund - 241 (continued from previous page) Fiscal Year 24/25 Activity
Project Status Report (FY 24/25)188

35 Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
241 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Shirk Street Widening Walnut to Noble
(CP0656 - Multi-funded project) 2,482,800 (57,067) (43,133) X Design contract awarded for 30%
preliminary design. Contact will be
amended to obtain 100% plans and
specifications.

Virmargo Right of Way & Utility
Installation: Acquisition of right of way of
Virmargo, Design and Construction of
sewer lift station and installation of
sewer and storm mains (CP0657 - Mulit-
funded project)
2,654,400 (2,116) (540) X
In preliminary design.

Goshen Widening (south) Ben Maddox
to Burke (CP0713) 1,485,000 (36,361) (36,361) X In preliminary design.

Reimburse developers - Reimburse
developers for additional costs incurred
when constructing required arterial &
collector streets with their development.
(CP9130)
1,996,049 (1,996,049) (1,996,049) X
Annual project to reimburse developers for
street over-sizing for Collector and Arterial
Streets.

Circulation Element and Transportation
Impact Fee Administration - Staff time
and consultant cost to administer the
Transportation Impact Fee program.
(CP9633)
100,000 (246) (246) X Not applicable Staff time to Administer the Program is ongoing.

Expenditure Total 57,448,550 (11,132,995) (5,077,804)
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

The column labeled "fund expenditures" includes only expenditures from this fund.

Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

Transportation Impact Fund - 241 (continued from previous page) Project Status Report (FY 24/25)
Fiscal Year 24/25 Activity Financing Complete? 189

36 190

37 191

38 AB1600 Actuals
Beginning Cash Balance 7/1/24 4,697,493$
Revenue
Investment Earnings 281,921
Waterway Acquisition Fees 979,671
Total Revenues 1,261,592
Expenditure
Servicing Fees/Audit/Revenue/Accounting (9,936)
Capital Improvement Program (638,734)
Total Expenditure (648,670)
Ending Cash Balance 6/30/25 5,310,415
C.I.P Money Appropriated 6/30/25 (1,400,874)
Ending Resources Available 6/30/25 3,909,540
Future C.I.P. Projects 2025/26-2029/30 (3,461,800) *
Future Revenue Needed -$
Waterways Fund (261)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2024 with the City's 2 Year Budget.

Impact Fee Report 2024/25
192

39 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
261 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
East Side Regional Park & Ground
Water Recharge - Design and
environmental work for the East Side
Regional Park & Groundwater
Recharge Project.
(CP0123 - Multi-funded project)
1,278,879 (2,288) (44) X Not applicable
EIR completed end of 2023. Annexation of
approximately 128 acres completed by July
2024. Additional masterplanning
adjustments on-going.

Construct East Side Regional Park
Basin G - Design and construction of
Park Basins
(CP0185 - Multi-funded project)
6,950,049 (1,357,533) (16,108) X 2025
Construction Complete. Landscape
maintenance period will end 2026.

East Side Regional Park Basin F:

Design groundwater recharge Basin F
at ESRP.
(CP0371 - Multi-funded project)
3,002,900 (13,945) (201) X Not applicable
Possible EPA funding for construction of 6
acres of the basin has been identified.

Consultant to complete design in 2025/26.

Construction in 2026.

Financing Complete?
Waterways Fund - 261
Project Status Report (FY 24/25)
This fund is derived from a combination of monthly storm sewer rates and developer impact fees. The funds are restricted for acquisition of development setbacks along waterways designated in the Visalia General Plan, restoration of riparian vegetation, and maintenance of the setback areas.

Fiscal Year 24/25 Activity 193

40 Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
261 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
East Side Basin D: Construction of
Basin D at the Eastside regional Park
(CP0396 - Multi-funded project)
2,655,387 (103,034) (1,529) X 2026
Design near completion. Construction
complete by summer 2026.

Aquire and Restore Riparian Area Right
of Way (CP0427) 612,632 (612,632) (612,632)
N/A This project is to reimburse developers for
the dedication of required development
setbacks along specific waterways to
preserve and restore native riparian
vegetation.

St Johns Bike/Pedestrain Trail - Riggin
to Dinuba Blvd: Design and construct
trail along St Johns River between
Riggin and Dinuba Blvd. (CP8131 - Multi-
funded project)
1,763,802 (4,620) (4,620) X 2026
Trail construction is complete. Landscaping
phase underway, pending additional funds.

Modoc Trail Landscaping - Install
irrigation, trees, riparian landscaping
and mulch on Modoc Ditch Trail
(CP8229 - Multi-funded Project)
1,124,618 (3,600) (3,600) X 2026
Design underway, construction anticipated
late summer 2026.

Expenditure Total 16,263,648 (2,094,051) (635,134)
Financing Complete?
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

The column labeled "fund expenditures" includes only expenditures from this fund.

Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

Fiscal Year 24/25 Activity
Project Status Report (FY 24/25)
Waterways Fund - 261 (continued from previous page)194

41 195

42 AB1600 Actuals
Beginning Cash Balance 7/1/24 27,415$
Revenue
Investment Earnings 1,658
Vehicle Miles Travel Impact Fee 11,129 *
Total Revenues 12,787
Expenditure
Servicing Fees/Audit/Revenue/Accounting (14)
Total Expenditure (14)
Ending Cash Balance 6/30/25 40,189
C.I.P Money Appropriated 6/30/25 0
Ending Resources Available 6/30/25 40,189
Future C.I.P. Projects 2025/26-2029/30 0 *
Future Revenue Needed -$
Vehicle Miles Travel Fund (286)
Impact Fee Report 2024/25
* This is a new fee that was collected in this fiscal year (FY 22/23) and a new fund was created it for it. The Vehicle Miles Travel fund was created to track these fees. 196

43 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
103 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
This fund has no projects in FY 24/25. 0 0 0
Expenditure Total 0 0 0
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

The column labeled "fund expenditures" includes only expenditures from this fund.

Vehicle Miles Traveled Fund (286)
Project Status Report (FY 24/25)
This fund is derived from fees charged to projects whose Vehicles Miles Traveled (VMT) falls below the City's established VMT threshold, and required to mitigate impacts. Fund is to account for the financing and development of active transportation projects that are multi-modal and reduce vehicle miles traveled. Projects can include trails, bike lanes, sidewalks and transit.

Fiscal Year 24/25 Activity Financing Complete?
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. 197

44 AB1600 Actuals
Beginning Cash Balance 7/1/24 724,072$
Revenue
Investment Earnings 43,870
Northeast Landscaping 42,440
Northeast Sidewalk/Bikepath 7,786
Northeast Storm Drain 98,456
Northeast Block Walls 21,647
Northeast Medians 762
Northeast Parks 1,046
Northeast Financing Costs 652
Total Revenues 216,659
Expenditure
Servicing Fees/Audit/Revenue/Accounting 1,210
Total Expenditure 1,210
Ending Cash Balance 6/30/25 941,941
C.I.P Money Appropriated 6/30/25 (676,537)
Ending Resources Available 6/30/25 265,403
Future C.I.P. Projects 2025/26-2029/30 0 *
Future Revenue Needed -$
Northeast Capital Improvement Fund (291)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2024 with the City's 2 Year Budget.

Impact Fee Report 2024/25
198

45 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
291 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
McAuliff Sidewalk Gap Improvments:

On west side of McAuliff from Mill
Creek Drive to Douglas Ave (CP0429) 700,000 0 0 X
Project on hold at this time due to
uncertainties with vacant lot along project
area.

Expenditure Total 0 0 0
The column labeled "fund expenditures" includes only expenditures from this fund.

Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

Financing Complete?
Northeast Capital Improvement Fund (291)
Project Status Report (FY 24/25)
This fund is derived from fees paid by developers, builders, and sub dividers for projects located in the Northeast Specific Plan Area to fund the construction of storm drain facilities, parks, bike paths, medians, block walls, landscaping, and amenities identified in the Northeast Specific Plan.

Fiscal Year 24/25 Activity
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources. 199

46 200

47 Attachment
City of Visalia 6 year Capital Improvement Program

201

48 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 1,198,000 1,343,200 1,490,700 (30,500) 88,100 209,100 Impact Fees and Interest Earnings 147,300 149,600 152,600 120,700 123,100 125,600 Allocations (2,100) (2,100) (2,100) (2,100) (2,100) (2,100) Capital Improvements 0 0 (1,671,700) 0 0 0
Total Resources Available for Future Projects 1,343,200 1,490,700 (30,500) 88,100 209,100 332,600 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Corp Yard New Site Development: Improve property
acquired from SCE at NW corner of the Corporation Yard.

Includes grading, NPDES permit requirements, paving,
striping, utilities and lighting. Requires demolition of existing Streets Building and relocation of utilities, removing the building and foundation, soil import, grading, and
compaction. Also includes installation of improvements to existing storm drainage system to provide grease &
sediment treatment. Provides compliance with CA's
requirement to control site storm drainage and improves mobility of vehicular and pedestrian traffic. Multi-funded total of $4.8m from $1.67M CY Impact Fee (103) and $3.13m
Solid Waste (441). Public Works
New
(3010) $ B2 1,671,700
0 0 1,671,700 0 0 0
Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
Corp Yard Impact Fee - 103 (2330)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund is derived from Corporation Yard Impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities, equipment, and not for operation and maintenance.

Cash Balance Summary202

49 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 1,400,700 1,727,000 1,979,400 2,313,300 2,578,900 2,926,300 Impact Fee Revenues 329,900 331,000 337,600 344,400 351,300 358,300 Operating and Allocations (3,600) (3,600) (3,700) (3,800) (3,900) (4,000) Capital Improvements 0 (75,000) 0 (75,000) 0 (75,000)
Total Resources Available for Future Projects 1,727,000 1,979,400 2,313,300 2,578,900 2,926,300 3,205,600 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Public Safety Traffic Signal Pre-emption System: Install three (3) Emergency Vehicle Pre-emption Systems at
existing traffic signals at various locations throughout the City every other year. This system allows emergency
response vehicles to control traffic signals along their route.

Newer traffic signals have EVPs included; however, there are approximately 45 existing traffic signals within the City without an EVP system. Multi-funded: $100k every other year from $75k Fire Impact Fees (106) and $25k General Fund
(001). Engineering
CP9531
(3010) - - N/A 75,000 75,000 75,000
0 75,000 0 75,000 0 75,000
Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
Fire Impact Fee - 106 (2360)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund is derived from Fire Impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities, equipment, and not for operation and maintenance.

Cash Balance Summary203

50 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 5,301,900 6,563,600 633,900 (3,463,000) (10,294,300) (40,255,800) Park and Recreational Impact Fees 2,417,000 2,465,400 2,514,700 2,565,000 2,616,300 2,668,600 Interest Earnings 81,600 61,200 45,900 34,400 25,800 19,400 Operating Expenditures (16,500) (16,500) (16,800) (17,100) (17,400) (17,700) Capital Improvements (1,220,400) (8,439,800) (6,640,700) (9,413,600) (32,586,200) (1,930,600) Total Resources Available for Future Projects 6,563,600 633,900 (3,463,000) (10,294,300) (40,255,800) (39,516,100) # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Road 148-Mineral King to St. John's Parkway: Design and construct approximately 6,400 ft of Tower Street from Mineral King to St. John's Parkway, excluding the new Interchange to SR 198 for access to park/basins, to be 4-lane, north-south arterial along Rd 148 alignment, in coordination with future interchange at SR 198 and SR216 (Houston Ave); the SCE
towers; and the Greenway Trail. Includes culvert crossing of Mill Creek (Army Corp Permit). Development in east Visalia, around SR 198, requires another north/south arterial. Multi funded project total of $22.4m from $10.2mTransportation Impact (241) including $97k prior year funding and $12.3m Parks & Rec (211) including $98k prior year funding.

Maintenance cost estimated to be $28k per year. Engineering CP0525
(3010) $$$ B12 1,060,500 2,245,300 160,700 8,690,000
2 East Side Regional Park (ESRP) Basin F (Design): Design groundwater recharge Basin F at ESRP using local funds to prepare "shovel ready" Plans, Specifications, and Estimate (PS&E) package. Staff to pursue additional funding for
construction of this project. Multi funded project total of $1.3m from $8k current and $9k prior year Gas Tax (111), $17k current and $100k prior year Measure R Trails (132), $135K current and $404k prior year Parks and Rec (211), $108k current and $481k prior year Ground Water Recharge (224), and $6k current and $10k prior year Waterways (261). Engineering CP0371
(3010) - - B13 134,900
3 Goshen-Virmargo Park/Pond: Design regional park/pond at the northwest corner of Goshen and Virmargo to serve
existing and future development between Cain St, Lovers Lane, Houston Ave, and Mill Creek. Goal is to prepare
shovel-ready design for either potential grant opportunities or excavation by developers. Basin parcel is already City property but park will require additional land acquisition to the West. Multi-funded project total of $1.53m from $265K Storm Sewer (221) and $1.26m Parks & Rec (211). Engineering CP0661
(3010) $ B11 25,000 1,240,000
Recreation Facilities - 211 (2440)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund is derived from impact fees paid by developers in lieu of providing parks and open space. Funds are to be used to implement the Parks Master Plan for open space acquisition and providing park and other recreational facilities.

Cash Balance Summary204

51 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
4 4-Acre Neighborhood Park: Per the general plan the City will acquire land, design, and build a 4-acre neighborhood park in the area of Tulare and Roeben. Neighborhood Parks are intended to provide basic recreation activities for one or more neighborhoods with a service area of one half to one mile radius. Neighborhood parks usually include
playgrounds, picnic tables, benches, and walkways. This location will also include innovative features. Annual maintenance costs for this park are estimated to be $96k per year. Parks and
Recreation CP0563 $$$ N/A 2,725,000
5 East Side Regional Park (ESRP) On-Site Streets & Update Site Layout: Design of interior streets & infrastructure at the East Side Regional Park, including McKinley Ave. (4,400 LF) and Villoy Ave. (3,000 LF) to include utilities (water, electric, gas, sanitary sewer), streets, a box culvert, lighting, and parking analysis within the park. Update Site Master Plan Layout to apply preliminary engineering design to locate the facilities for the entire site. Excludes design of play fields, buildings, and other public recreation facilities. FY25/26- 26/27 topo survey, design, estimating, permitting; Approx. $2.4M. FY27/28-28/29 Construction. Multi funded project total of $18m from $13.6m Parks and Rec (211), and $4.5m Transportation Impact (241-TIF). Annual Maintenance
costs of these improvements are estimated to be
$49k. Engineering
CP0668
(3010) $$$ B13 1,863,500 11,694,200 83,500
6 Cameron Creek Regional Park/Basin: Acquire site for a 5.25 acre storm/recharge basin with 4-acre park, to include .5 mile asphalt trail along southerly extension of McAuliff adjacent to Cameron Creek to serve existing and future
development within the one-mile development block of
Lovers Lane to Road 148 and Caldwell to Walnut. May also receive TID exchange water from Cameron Creek.

Geotechnical testing will be required to determine eligibility for ground water recharge funding. Multi-funded: Project total $3.1m from $1.3m current and $537k prior Parks & Rec
(211), $432k current and $179k prior Storm Sewer (221), and $442k current and $179k prior GW Recharge (224).

Annual maintenance costs for this park are estimated to be $116k per year. Engineering
CP0517
(3010) $$$ N/A 1,306,000
7 2-Acre Neighborhood Park: Acquire land, design, and build a neighborhood park of 2 acres in the north side of
Ferguson 1/4 mile west of Demaree in accordance with the General Plan's element on Park and Recreation Facilities and development trends Park improvements to include
walking paths, playground, picnic area, and open turf.

Funding for acquisition to begin in FY-25-26 with
construction to follow in FY-26-27. Maintenance costs for this park are estimated to be $48k per year. Parks and
Recreation CP0425 $$$ N/A 250,000 2,450,000
Recreation Facilities - 211 (2440) - Continued
2024/25 - 2029/30 Capital Improvement Program205

52 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
8 Master Plan Update: The Community Services Department was created in May of 2020. With it being a new department that incompasses Recreation, Parks, Urban Forestry,
Buildings, and Trails, a Department Master Plan is needed.

Multi funded total of $225k from $175k General Fund (001) and $50k Recreation Facilities (211).

Parks and
Recreation
CP0669
(3010) - - N/A 50,000
9 East Side Regional Park (ESRP) Basin F (Construction):

Construct a 33 acre groundwater recharge basin at the
ESRP including water structures, piping and dry wells. Also includes a pedestrian trail around the top of the new basin, a riparian habitat, two pedestrian bridges, and a small temporary parking lot. Design in separate project.

Construction is contingent upon receiving a state/federal grant with 20% local match. Multi funded project total of $9.2m from $83k from Gas Tax (111), $180k Measure R
Trails (132), $1.43m Parks and Rec (211), $1.15m Ground Water Recharge (224), $62k Waterways (261), and a $6.3m grant (001). Maintenance cost estimated to be $44k per year. Project Contingent upon grant. Engineering
New
(3010) $$$ B13 1,433,200
10 Southside Open Space and Basin: Acquire land for
development of linear, landscaped basin with functional passive space open on the south side of SR-198, east of Shirk St. to receive City storm water flows from Mill Creek through either Persian-Watson Ditch or through a pipeline north under SR-198. Phase 1 to be implemented with the Sierra Village development expansion requiring relocate of existing basin. Project includes acquisition of the
anticipated additional ROW needed for the Shirk 198
Interchange. Construction not included. Multi funded project total of $2.8m from $944k Parks & Rec (211), $1.42m Storm Sewer (221), and $421k Transportation Impact (241). Engineering New
(3010) $ C7 944,600
11 Northside Open Space and Basin - West of Shirk:

Northside Highway 198 Open Space Setback Area (west of
Shirk) - Acquire approximately 30.1 acres of land from three parcels for the northwest scenic setback area and riparian setback from Mill Creek to develop as passive recreational open space and drainage basin to serve existing and
planned development north of Highway 198 between Clancy and Shirk. Acquisition of land for the northwest portion (between Clancy and Shirk) planned in 26/27, starting at Clancy and heading east, acquiring one parcel per year.

Multi-funded project total of $3m from $868k Parks & Rec (211), $1.3m Storm Sewer (221), and $900k Waterways
(261). Engineering
New
(3010) $$ A3 256,000 228,000 384,000
Recreation Facilities - 211 (2440) - Continued
2024/25 - 2029/30 Capital Improvement Program206

53 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
12 East Side Regional Park (ESRP) Basin E (Design &
Construct): Design a 12-acre groundwater recharge basin at ESRP including storm water infrastructure, structures, and trails in accordance with the park's masterplan in
FY25/26 for proposed construction 27/28, contingent upon receiving a state/federal grant with 20% local match. Mill Creek Realignment in seperate CIP. Multi funded project total of $5.3m from $225k Measure R Trails (132), $626K Parks and Rec (211), $1.07m Ground Water Recharge
(224), and $3.35m grant (001). Project contingent upon grant. Engineering
New
(3010) - - B13 156,200 445,600 23,700
13 New Recreation Center: This project will include the construction of an approximately 60,000 sq. ft. indoor
recreational facility at a site to be later determined. Location and amenities to be determined by proposed Parks and
Recreation Master Plan. Maintenance cost estimated to be $450k per year.

Parks and
Recreation New $$$ N/A 50,000 20,000,000
14 Cameron Creek Park/Basin: Locate and acquire site for 10- 11 acre neighborhood park and storm/recharge basin north of Caldwell Avenue adjacent to Cameron Creek to receive TID exchange water through Cameron Creek, through
development of a later project. Geotechnical testing will be required to determine soil infiltration characteristics for ground water recharge purposes and eligibility for ground water recharge funding. Multi-funded project total of $5.1m from $2.3m Recreation (211), $1.4m Storm Sewer (221),
$1.4m GW Recharge (224), and $21K Measure R Trailways
(132). Maintenance cost estimated to be $86k per year. Engineering New
(3010) $$$ N/A 484,300 1,847,100
1,220,400 8,439,800 6,640,700 9,413,600 32,586,200 1,930,600 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
Recreation Facilities - 211 (2440) - Continued
2024/25 - 2029/30 Capital Improvement Program207

54 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 3,722,400 3,784,800 2,114,900 450,400 (13,464,300) (13,565,000) Utility User and Developer Impact Fees 1,310,800 1,339,200 1,366,000 1,393,300 1,421,200 1,449,600 Operating Expenditures (staff costs, allocations, etc.) (32,300) (32,500) (33,200) (33,900) (34,600) (35,300) Capital Improvements (1,216,100) (2,976,600) (2,997,300) (15,274,100) (1,487,300) (1,472,500) Total Resources Available for Future Projects 3,784,800 2,114,900 450,400 (13,464,300) (13,565,000) (13,623,200) # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Goshen-Virmargo Park/Pond: Design regional park/pond at the northwest corner of Goshen and Virmargo to serve
existing and future development between Cain St, Lovers Lane, Houston Ave, and Mill Creek. Goal is to prepare
shovel-ready design for either potential grant opportunities or excavation by developers. Basin parcel is already City property but park will require additional land acquisition to the West. Multi-funded project total of $1.53m from $265K Storm Sewer (221) and $1.26m Parks & Rec (211). Engineering CP0661
(3010) $ B11 265,000
2 Shirk Street Widening - Walnut to Noble: Widen Shirk from 2- lanes to 4-lanes including center median from Noble to
Walnut Ave., install master storm trunk line, ditch culvert extension, curb & gutter, pavement, bike lanes, street
lighting, utility pole relocations, median landscaping, and other necessary infrastructure. Necessary to continue
widening Shirk and alleviate traffic congestion for future development. Sanitary and Storm Sewer improvements
funded by separate project. Multi funded total of $13.4m from $44K Wastewater Trunkline (231), $2m Storm Sewer
Construction (221), $5.18m Transportation Impact (241), $136k Measure R Local (131), $1m Measure R Trails (132), $5m Measure R Regional (133). Engineering
CP0656
(3010) $$ C4 249,000 1,750,700
3 Annual Storm Sewer Oversizing: Construct various storm drain lines. Pays the City's annual cost of reimbursing developers for the design and construction of storm drain lines which implement the Storm Water Master Plan. To
implement necessary Storm Sewer Master improvements
and reimburse developers for implementation of Master
Plan. Engineering CP9229 - - N/A 200,000 200,000 200,000 200,000 200,000 200,000 Storm Sewer Construction - 221 (2450)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund is derived from Storm Sewer impact fees collected at the time of development and a portion of the monthly storm sewer users fees. This fund shares $.84 of the $2.65 monthly storm sewer fee with the Wastewater Trunkline construction fund (1231). Funds are to be used only for construction of new storm sewer infrastructure to implement the Storm Sewer Master Plan.

Cash Balance Summary208

55 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
4 Shirk Street Widening Over Mill Creek: Construct a 330-foot extension of the existing Shirk Street culvert crossing at Mill Creek located between Hillsdale Avenue and School
Avenue. This work includes the culvert extension, extension of existing storm drain line, and the street improvements for widening Shirk within the vicinity of the culvert. Multi funded project total of $4.9M from $171K Measure N (141) prior year funding, $4.6M from Transportation Impact (241) prior year funding, and $122K from Storm Sewer (221).

Engineering
CP0305
(3010) $ A4 122,000
5 Sierra Village Basin Study: Study-Feasibility of Sierra Village Basin, Lift Station, and tributary network to evaluate existing system function and capacity and identify means of
improvement. Includes feasibility of basin relocation for the Southside Scenic Corridor and development of concept-
level plans to asses existing deficiency/flooding concerns at the Sierra Village Basin. Multi funded project total of $150k from $113K Storm Sewer (221), and $37K Storm Sewer
Deficiency (222). Engineering
CP0666
(3010) - - N/A 112,500
6 Virmargo Right of Way & Utility Installation: Acquisition of Virmargo Right of Way between Goshen and Houston,
design and construction of sewer lift station at Goshen and Virmargo (to be coordinated with park/pond) and installation of storm and sewer main in Virmargo alignment. Connects to Irma Sewer (CP9457) by designing and constructing
sewer lift station and main to serve Irma and undeveloped area between Goshen and Houston allowing future tie-in of development north of Goshen to future park/pond funded by separate CIP request. Multi-funded project total of $2.6m from $791k Storm Sewer Construction (221), $873k
Wastewater Trunkline (231), $873 WWTP (431), and $117k
Transportation Impact Fee (241).

Engineering
CP0657
(3010) $ B10 106,600 684,600
7 Modoc Basin Improvements: Define the ultimate basin
footprint and configuration with preliminary and engineering design for the modoc basin in 24/25, and construction
beginning 27/28. Includes a Geotechincal report and study to determine how the conceptual two compartment basin
can serve as both recharge and flood control. Grading and Construction of the Modoc Basin ultimate footprint will accommodate flood control purposes for Tier II Urban
Development around and north of the Modoc Basin. Multi
funded project total of $1.4m from $717k Ground Water
Recharge (224) and $717k Storm Sewer Construction
(221). Engineering
CP0662
(3010) - - A6 105,500 611,800
2024/25 - 2029/30 Capital Improvement Program
Storm Sewer Construction - 221 (2450) - Continued209

56 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
8 Auto Plaza Basin Expansion: Acquire an additional 3.5 acres to the west of the current basin site to allow the basin to be expanded in capacity. Originally designed to be a detention basin with a discharge pump, the design has
been changed to be a retention basin with no pump to serve a larger regional area, requiring expansion to provide the needed capacity within the Plaza Business Park and The
Square at Plaza Drive master planned projects. Project total of $1.19m, includes prior year funding of $200K.

Engineering CP0302 $ A2 45,500 124,000 825,000
9 Annual Storm Sewer Construction Administration: Staff preliminary design and administration of new storm sewer construction projects as identified in the Storm Sewer
Master Plan. To implement necessary Storm Sewer Master
improvements for implementation of the Master Plan.

Engineering CP8222 - - N/A 10,000 10,000 10,000 10,000 10,000 10,000 10 SW Shirk Regional Basin: Design, ROW, and construction of new regional basin on West side of S Shirk Rd between Paradise Ave and Tulare Ave. Basin will serve the future widening of Shirk and tier 2 and 3 development between
SR198 and Walnut Ave. Acquire approximately 17 acres for ultimate basin configuration, design, and construction.

Development has already started expressing interest in the area. Starting design and acquisition early will allow for excavation to be done by development as it occurs.

Construction by the City is therefore put in the planning years. Engineering CP0710 $$ C8 1,650,000 11,914,000
11 Cameron Creek Regional Park/Basin: Acquire site for a 5.25 acre storm/recharge basin with 4-acre park, to include .5 mile asphalt trail along southerly extension of McAuliff adjacent to Cameron Creek to serve existing and future
development within the one-mile development block of
Lovers Lane to Road 148 and Caldwell to Walnut. May also receive TID exchange water from Cameron Creek.

Geotechnical testing will be required to determine eligibility for ground water recharge funding. Multi-funded: Project total $3.1m from $1.3m current and $537k prior Parks & Rec
(211), $432k current and $179k prior Storm Sewer (221), and $442k current and $179k prior GW Recharge (224).

Annual maintenance costs for this park are estimated to be $116k per year. Engineering
CP0517
(3010) $$$ N/A 432,000
Storm Sewer Construction - 221 (2450) - Continued
2024/25 - 2029/30 Capital Improvement Program210

57 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
12 Southside Open Space and Basin: Acquire land for
development of linear, landscaped basin with functional passive space open on the south side of SR-198, east of Shirk St. to receive City storm water flows from Mill Creek through either Persian-Watson Ditch or through a pipeline north under SR-198. Phase 1 to be implemented with the Sierra Village development expansion requiring relocate of existing basin. Project includes acquisition of the
anticipated additional ROW needed for the Shirk 198
Interchange. Construction not included. Multi funded project total of $2.8m from $944k Parks & Rec (211), $1.42m Storm Sewer (221), and $421k Transportation Impact (241). Engineering New
(3010) $ C7 448,500 386,100 448,500 133,800
13 Northside Open Space and Basin - West of Shirk:

Northside Highway 198 Open Space Setback Area (west of
Shirk) - Acquire approximately 30.1 acres of land from three parcels for the northwest scenic setback area and riparian setback from Mill Creek to develop as passive recreational open space and drainage basin to serve existing and
planned development north of Highway 198 between Clancy and Shirk. Acquisition of land for the northwest portion (between Clancy and Shirk) planned in 26/27, starting at Clancy and heading east, acquiring one parcel per year.

Multi-funded project total of $3m from $868k Parks & Rec (211), $1.3m Storm Sewer (221), and $900k Waterways
(261). Engineering
New
(3010) $$ A3 384,000 342,000 576,000
14 Highland St. Storm Drain: Install a storm drain line along Highland St alignment from Ferguson Ave to connect to an existing 48" storm main in front of Highland Gardens
development and connect the line into Fairview Park/Basin.

In addition, expand the storage capacity of the Park/Basin, and incorporate water quality into the expanded basin
design. This project includes design, construction, and additional excavation to provide additional storage capacity.

Multi funded project total of $1.25m from $502k Storm
Sewer Construction (221), and $753k Storm Sewer
Deficiency (222). Engineering
CP9796
(3010) $ B8 80,100 421,200
Storm Sewer Construction - 221 (2450) - Continued
2024/25 - 2029/30 Capital Improvement Program211

58 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
15 Storm Drain and Sewer Master Plan Update: Update Storm and Sanitary Sewer Master Plans. Facility Master Plans
should be updated every 5 years to incorporate any changes in infrastructure, land use, and environmental conditions.

Includes a new nexus study to justify the storm and sanitary sewer impact and utility fees and CEQA review. Current
update to the facility master plans was implemented in
22/23, updating the storm and sewer master plans since
1994. Multi funded project total of $940k from $564k Storm Sewer Construction (221), and $376k Wastewater Trunkline (231). Engineering
New
(3010) - - N/A 564,000
16 Cameron Creek Park/Basin: Locate and acquire site for 10- 11 acre neighborhood park and storm/recharge basin north of Caldwell Avenue adjacent to Cameron Creek to receive TID exchange water through Cameron Creek, through
development of a later project. Geotechnical testing will be required to determine soil infiltration characteristics for ground water recharge purposes and eligibility for ground water recharge funding. Multi-funded project total of $5.1m from $2.3m Recreation (211), $1.4m Storm Sewer (221),
$1.4m GW Recharge (224), and $21K Measure R Trailways
(132). Maintenance cost estimated to be $86k per year. Engineering New
(3010) $$$ N/A 252,800 1,128,700
1,216,100 2,976,600 2,997,300 15,274,100 1,487,300 1,472,500 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
2024/25 - 2029/30 Capital Improvement Program
Storm Sewer Construction - 221 (2450) - Continued212

59 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 3,432,400 4,674,700 2,554,600 (48,800) (2,996,500) (4,436,800) Operating Revenues 1,572,900 1,604,300 1,636,400 1,669,100 1,702,500 1,736,600 Operating Expenditures (39,000) (39,000) (39,800) (40,600) (41,400) (42,200) Capital Improvements (291,600) (3,685,400) (4,200,000) (4,576,200) (3,101,400) (6,306,000) Total Resources Available for Future Projects 4,674,700 2,554,600 (48,800) (2,996,500) (4,436,800) (9,048,400) # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Virmargo Right of Way & Utility Installation: Acquisition of Virmargo Right of Way between Goshen and Houston, design and construction of sewer lift station at Goshen and Virmargo (to be coordinated with park/pond) and installation of storm and sewer main in Virmargo alignment. Connects to Irma Sewer (CP9457) by designing and constructing sewer lift station and main to serve Irma and undeveloped area between Goshen and Houston allowing future tie-in of development north of Goshen to future park/pond funded by separate CIP request. Multi- funded project total of $2.6m from $791k Storm Sewer
Construction (221), $873k Wastewater Trunkline (231), $873 WWTP (431), and $117k Transportation Impact Fee (241). Engineering CP0657
(3010) $ B4 117,600 755,400
2 Reimburse Developers for Sanitary Sewer: Reimbursement of additional costs incurred when constructing required sanitary sewer improvements along with development. The additional cost is the difference between the "development requirement" and the requirement to accommodate for future development in the area in compliance with the Sewer Line Master Plan. Engineering CP9318 - - N/A 110,000 110,000 110,000 110,000 110,000 110,000 3 Shirk Street Widening - Walnut to Noble: Widen Shirk from 2- lanes to 4-lanes including center median from Noble to Walnut Ave., install master storm trunk line, ditch culvert extension, curb & gutter, pavement, bike lanes, street lighting, utility pole relocations, median landscaping, and other necessary
infrastructure. Necessary to continue widening Shirk and alleviate traffic congestion for future development. Sanitary and Storm Sewer improvements funded by separate project. Multi funded total of $13.4m from $44K Wastewater Trunkline (231), $2m Storm Sewer Construction (221), $5.18m Transportation Impact (241), $136k Measure R Local (131), $1m Measure R Trails (132), $5m Measure R Regional (133). Engineering CP0656
(3010) $$ C4 44,000
Wastewater Trunkline - 231 (2490)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund's revenues are derived from Sanitary Sewer and Trunk Line Connection Fees. Funds are to be used only for new sanitary sewer trunk line construction, and not for operation and maintenance.

This fund also receives a portion of the monthly sewer users fees.

Cash Balance Summary213

60 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
4 Sewer Line Preliminary Engineering: Preliminary engineering and design work necessary to provide developers and
engineers with adequate information to construct master planned sewer lines with proposed development projects in compliance with the Sanitary Sewer Master Plan. Engineering CP9234 - - N/A 20,000 20,000 20,000 20,000 20,000 20,000 5 Shirk St. Sanitary Sewer Trunkline - Walnut to Noble: Install a 48" sanitary sewer trunk line in Shirk Street between Walnut Avenue and Noble Avenue to connect existing sewer trunkline within Shirk Street south of Hwy-198 to existing sewer trunkline in Walnut Avenue. Includes removal of existing 6" sewer force main and the associated lift station located at Shirk Street and Noble Avenue. Replacement of the line is identified in the City's Sewer Master Plan and provides the necessary wastewater conveyance capacity to accommodate future development
growth. Project total of $6.1m from Wastewater Trunkline (231) including $385k prior year funding. Engineering CP0567 - - C4 2,800,000 3,000,000 6 Visalia Parkway Sanitary Sewer Trunkline - Santa Fe to Lovers Lane: Construct new 30" sanitary sewer trunkline along Visalia Parkway (Ave. 276) alignment between Santa Fe Street and Lovers Lane through existing orchards & farmland, primarily shown as future low density residential in the General Plan.

Project will include purchase of Right of Way (ROW), new trunkline at a depth of approximately 17-feet, new 60" manholes, clearing & grubbing, demolition, sheet & shoring, and some bores under existing creeks and ditches. FY 26/27-28/29, $2.76M, Design & ROW; FY 29/30, $6.17M Construction. Engineering New - - D1 1,070,000 1,192,000 494,000 6,176,000 7 State Route (SR) 99 Steel Casing: Jack and bore a 72" steel casing underneath SR-99 near avenue 280. This steel casing will be in place for future installation of utility lines. The steel casing will allow for future installation of utility lines such as sanitary sewer and purple pipe (reclaimed water). The future utility lines will assist with maintaining utility capacity and needs as the city approaches full urban growth and planning area build out. Multi-funded project total of $8.9m from $5.4m Wastewater Trunkline (231) and $3.6m Wastewater (431) including $668k prior year funding. Engineering
CP0577
(3010) - - C1 2,878,200 2,477,400
2024/25 - 2029/30 Capital Improvement Program
Wastewater Trunkline - 231 (2490) - Continued214

61 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 6,770,700 7,645,400 5,511,000 4,415,800 (9,483,600) (31,426,400) Transportation Impact Fees 5,345,500 5,452,400 5,561,400 5,672,600 5,786,100 5,901,800 Interest Earnings (Expense) 302,100 226,600 170,000 127,500 95,600 71,700 Operating Expenditures and Allocations (46,800) (46,800) (47,700) (48,700) (49,700) (50,700) Capital Improvements (4,726,100) (7,766,600) (6,778,900) (19,650,800) (27,774,800) (1,957,500) Total Resources Available for Future Projects 7,645,400 5,511,000 4,415,800 (9,483,600) (31,426,400) (27,461,100) # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Shirk Street Widening - Walnut to Noble: Widen Shirk from 2- lanes to 4-lanes including center median from Noble to
Walnut Ave., install master storm trunk line, ditch culvert extension, curb & gutter, pavement, bike lanes, street
lighting, utility pole relocations, median landscaping, and other necessary infrastructure. Necessary to continue
widening Shirk and alleviate traffic congestion for future development. Sanitary and Storm Sewer improvements
funded by separate project. Multi funded total of $13.4m from $44K Wastewater Trunkline (231), $2m Storm Sewer
Construction (221), $5.18m Transportation Impact (241), $136k Measure R Local (131), $1m Measure R Trails (132), $5m Measure R Regional (133). Engineering
CP0656
(3010) $$ C4 1,327,400 3,849,600
2 Annual Developer Reimbursement: Reimburse developers for additional costs incurred when constructing required arterial & collector streets with their development. Additional cost is the difference between ""development requirement"" & requirement to accommodate for future development in
area. Project cost based upon current agreements,
estimates of future projects and estimated completion
dates. To implement the Circulation Element. Funded
100% from Transportation Impact Fee. Engineering CP9130 - - N/A 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 3 Road 148-Mineral King to St. John's Parkway: Design and construct approximately 6,400 ft of Tower Street from Mineral King to St. John's Parkway, excluding the new Interchange to SR 198 for access to park/basins, to be 4-lane, north-south arterial along Rd 148 alignment, in coordination with future interchange at SR 198 and SR216 (Houston Ave); the SCE
towers; and the Greenway Trail. Includes culvert crossing of Mill Creek (Army Corp Permit). Development in east Visalia, around SR 198, requires another north/south arterial. Multi funded project total of $22.4m from $10.2mTransportation Impact (241) including $97k prior year funding and $12.3m Parks & Rec (211) including $98k prior year funding.

Maintenance cost estimated to be $28k per year. Engineering CP0525
(3010) $$$ B12 1,071,100 153,800 162,300 8,690,000
Transportation Impact Fee - 241 (2520)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund is derived from fees collected at the time of building permit issuance. Funds can be used only for new street improvements and expansion of transportation infrastructure related to growth.

Cash Balance Summary215

62 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
4 Traffic Signal Modifications at Lovers Lane and Walnut Ave:

Modify to accommodate four lanes of travel east and west along Walnut Ave to mitigate traffic impacts from new
subdivision at south east corner and install signal heads and poles for additional lanes and standard video detection.

Subdivision completed the full widening of Walnut Ave
between Lovers Lane and McAulif St. The City is
responsible for traffic signal modifications. Multi-funded project total of $2m from $1.2m Transportation Impact (241) including $605k prior year funding and $779K from Measure R Local (131) including $150k prior year funding.

Engineering
CP0521
(3010) $ D5 629,200
5 Annual Transportation Impact Fee (TIF) Administration: This CIP funds staff time used to update the circulation element and to implement the transportation impact fee program.

The supplies used by staff are budgeted under a separate City CIP. This CIP also funds public assets constructed in the public right of way. The continued and ongoing
maintenance of the improvements completed under this
CIP is maintained by a separate City CIP. Engineering CP9633 - - N/A 220,000 10,000 10,000 10,000 10,000 10,000 6 Virmargo Right of Way & Utility Installation: Acquisition of Virmargo Right of Way between Goshen and Houston,
design and construction of sewer lift station at Goshen and Virmargo (to be coordinated with park/pond) and installation of storm and sewer main in Virmargo alignment. Connects to Irma Sewer (CP9457) by designing and constructing
sewer lift station and main to serve Irma and undeveloped area between Goshen and Houston allowing future tie-in of development north of Goshen to future park/pond funded by separate CIP request. Multi-funded project total of $2.6m from $791k Storm Sewer Construction (221), $873k
Wastewater Trunkline (231), $873 WWTP (431), and $117k
Transportation Impact Fee (241).

Engineering
CP0657
(3010) $ B10 117,200
7 Goshen Widening (south) Ben Maddox to Burke: Widen
South Half Goshen Avenue from Ben Maddox to Burke
Street. Project includes widening Goshen to full 84 foot, 2 lane collector. Improvements include paving, curb, gutter, sidewalk, ADA ramps, street lights, bike lanes, landscaping and irrigation conduit. Project will require coordination with utilites to relocate poles, property owners to relocate and install drive approaches, and acquire ROW. Improves traffic circulation and pedestrian accessibilty. Widening will also have a positive impact on development for the Civic Center and commercial parcels within the area.

Engineering CP0713 $ B18 110,000 1,375,000
Transportation Impact Fee - 241 (2520) - Continued
2024/25 - 2029/30 Capital Improvement Program216

63 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
8 Visalia Parkway Improvements-North Half: Extend this arterial transportation corridor between Stonebrook Street and Court Street. Construct the northerly half to provide one lane of travel in each direction within current right of way.

Improves mobility and connectivity of the southern shopping district and neighborhoods in the south east community of the City. Future CIP, Visalia Parkway & Santa Fe
Intersection, will connect Visalia Parkway from Court to Santa Fe, and establish future alignment east towards Ben Maddox. Multi funded project total of $4.1m from $2.6m
Transportation Impact (241) including prior year funding of $631k and $1.459m State Transportation (281-LTF).

Engineering
CP0519
(3010) $ D12 87,200 1,895,800
9 NW Quadrant At-Grade Railroad Crossing: Study to
determine location for new at-grade crossing (possibly
Linwood St, Chinowth St, or Preston/Roeben St) &
abandonment of existing crossing to accomodate
development in NW quadrant. Includes installation of new pavement, curb, gutter, sidewalk, traffic signal, railroad warning devices, signage and striping, and upgrade of
railroad tracks at recommended location. Also includes
public outreach, abandonment of existing RR crossing and moderate updates to two adjacent intersections north &
south of new crossing. FY24/25 Preliminary Engineering & Environmental, PS&E, Right of Way and Permitting. FY27/28 Construction. Multi funded project total of $5.2m from $2.5m Measure R Local (131) including $200k prior year funding and $2.7m Transportation Impact Fees (241) including
$486k prior year funding.

Engineering
CP0524
(3010) $ N/A 64,000 73,600 73,400 1,999,600 47,500
10 Santa Fe Street-Houston to Riggin (DESIGN): Project will develop plans, specs and estimate for construction of a 4- lane, north-south, arterial along the old Santa Fe Railroad alignment where City owns ROW and tracks have been
removed. Project also includes environmental review (CEQA and NEPA), public outreach and construction easement
acquisition. Public outreach and coordination will be
required due to the established neighborhoods on both
sides of the corridor. Construction easements will be
necessary for block wall construction during the future street construction project. The block wall will stretch along the entire length of Houston to Riggin (approx. 5,000 feet).

Engineering CP0714 - - B16 1,280,000 430,000
Transportation Impact Fee - 241 (2520) - Continued
2024/25 - 2029/30 Capital Improvement Program217

64 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
11 East Side Regional Park (ESRP) On-Site Streets & Update Site Layout: Design of interior streets & infrastructure at the East Side Regional Park, including McKinley Ave. (4,400 LF) and Villoy Ave. (3,000 LF) to include utilities (water, electric, gas, sanitary sewer), streets, a box culvert, lighting, and parking analysis within the park. Update Site Master Plan Layout to apply preliminary engineering design to locate the facilities for the entire site. Excludes design of play fields, buildings, and other public recreation facilities. FY25/26- 26/27 topo survey, design, estimating, permitting; Approx. $2.4M. FY27/28-28/29 Construction. Multi funded project total of $18m from $13.6m Parks and Rec (211), and $4.5m Transportation Impact (241-TIF). Annual Maintenance
costs of these improvements are estimated to be
$49k.

Engineering
CP0668
(3010) $$$ B13 621,100 3,898,100 27,900
12 Road 148 from Walnut Ave to Visalia Parkway (1.6 miles): 4- lane, north-south arterial along Road 148 alignment.

Includes rough topo survey, geometric alignments,
permitting requirements, right of way needs, estimates, and project phasing. FY 25/26-27/28, includes Walnut to RR at K- Road Alignment (Rector Station) - CEQA, Design, RW, and Permitting. FY 28/29, construction of K Road to Caldwell. FY 29/30 and future fiscal years includes design, RW and
construction from Caldwell to Visalia Parkway. K Road to Caldwell & Caldwell to Visalia Parkway are Tier 2 & 3 of the Gen Plan and will be deferred to future years. Multi-funded project total of $10.9m from $5.5m Measure R Local (131) and $.5m Transportation Impact (241).

Engineering
CP0526
(3010) $$ D3 588,500 261,300 157,900 4,051,000 399,100
13 Design and Construct Tower St (Rd 148) from Cypress Ave to Walnut Ave (4200 feet): Analyze options for a 4-lane, north- south arterial along Rd 148 alignment, coordinating with future SR 198 interchange, SCE towers, Greenway Trail,
Creeks, and other structures. FY25/26 includes rough topo survey, geometric alignments, permitting requirements,
Caltrans coordination, right of way needs, estimates. FY 28/29 Construction. Due to continuing development in east Visalia, around State Route 198, another north/south arterial is needed. Multi funded project total of $9.8m from $4.9m Measure R Local (131) and $4.9m Transportation Impact
(241). Engineering
CP0528
(3010) - - D7 368,800 42,300 152,600 4,356,600
Transportation Impact Fee - 241 (2520) - Continued
2024/25 - 2029/30 Capital Improvement Program218

65 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
14 Linwood Street Extension (North of Riggn): Design and construction for the extension of Linwood Street north of Riggin Avenue. The roadway will be located within and
along the westerly portion of the current Modoc Basin
footprint with a signalized connection at Riggin Avenue and extend north up to Modoc Ditch. Construction of Linwood Street alignment north of Riggin Avenue up to Modoc Ditch in order to accommodate access to the Tier II Urban
Development Boundary north of the Modoc Basin. This
project will build the extension of Linwood Street with a signalization connection at Riggin Avenue and extend north up to Modoc Ditch. This project will coordinate with and follow the Linwood Street Embankment Project. Project
contingent upon development in the North. Engineering CP0715 $ A10 300,000 2,564,900 15 Ben Maddox Widening: Widen Ben Maddox from Center
Avenue to Goshen Avenue. Project includes widening Ben
Maddox to full 110 foot, 4 lane divided arterial.

Improvements include paving, curb, gutter, sidewalk, ADA ramps, street lights, landscaping and irrigation conduit.

Project will require coordination with utilites to relocate poles, property owners to relocate and install drive
approaches, and acquire ROW. ROW acquisition is
required from multiple property owners along Ben Maddox.

Note: UUD $1.3M not included. Engineering New $ B19 850,000 248,400 2,009,900 16 Visalia Parkway & Santa Fe Intersection (Construction):

This project will construct a new roadway intersection at Visalia Parkway & Santa Fe Street. The work will entail roadway and intersection improvements, railroad crossing, culvert construction, and incorporate the existing Santa Fe Bike Trail into the intersection. Construction will also include the roadway segment of Visalia Parkway between Court Street and the intersection. This project will further transportation connectivity through the ongoing development of the arterial ring road concept that includes Visalia Parkway, Tower, Riggin, and Shirk by connecting Visalia Parkway to Santa Fe Street. Engineering New $ D13 2,994,700 6,409,800 17 Tulare Ave Extension to Tower Rd: Construct Tulare Avenue from Arroyo Street to Road 148 (Tower Road) and extend
Tower Road from Tulare Avenue to just north of Harvard.

The section of Tulare Avenue from Lovers Lane to McAuliff was completed in 2018. This project was intended to be
constructed with the "NEW" project to extend Tulare Ave from Lovers Lane to McAuliff. This project will provide additional access and help alleviate congestion on Walnut Avenue and McAuliff. Additional subdivision development in this area will benefit greatly from this additional N/S access to Walnut Avenue Engineering New $ D6 1,232,700
2024/25 - 2029/30 Capital Improvement Program
Transportation Impact Fee - 241 (2520) - Continued219

66 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
18 Goshen Widening (north) Ben Maddox to Burke: Widen
North Half Goshen Avenue from Ben Maddox to Burke
Street. Includes widening Goshen to full 84 foot, 2 lane collector. Improvements include paving, curb, gutter,
sidewalk, ADA ramps, street lights, bike lanes, landscaping and irrigation conduit. Project will require coordination with utilites to relocate poles, property owners to relocate and install drive approaches, and acquire ROW. Improves traffic circulation and pedestrian accessibilty. Widening will also have a positive impact on development for the Civic Center and commercial parcels within the area.

Engineering New $ B18 500,000 375,000
19 Santa Fe Street - Houston to Riggin -Construction:

Construct 4-lane, north-south, arterial along old Santa Fe Railroad. Includes, grading, new structural section, curb and gutter, a storm drain system, median, street lighting,
striping, landscaping and irrigation, and block wall
installation. Construction also includes single box culvert (100' long) over Modoc Ditch, upgrading signal at the Riggin intersection, signalized pedestrian crosswalk at the Modoc Ditch Trail crossing, and interconnect conduit for entire length of the project. Project contingent upon grant funding from state/federal grant. Multi funded project total of $11m from $5.5m Transportation Impact (241) and $5.5m State
Transportation (281). Engineering
New
(3010) $ B22 5,516,900
20 Southside Open Space and Basin: Acquire land for
development of linear, landscaped basin with functional passive space open on the south side of SR-198, east of Shirk St. to receive City storm water flows from Mill
Creek through either Persian-Watson Ditch or through a
pipeline north under SR-198. Phase 1 to be
implemented with the Sierra Village development
expansion requiring relocate of existing basin. Project includes acquisition of the anticipated additional ROW
needed for the Shirk 198 Interchange. Construction not
included. Multi funded project total of $2.8m from $944k Parks & Rec (211), $1.42m Storm Sewer (221), and
$421k Transportation Impact (241). Engineering
New
(3010) $ C7 420,500
4,726,100 7,766,600 6,778,900 19,650,800 27,774,800 1,957,500 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
Transportation Impact Fee - 241 (2520) - Continued
2024/25 - 2029/30 Capital Improvement Program
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67 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
Beginning Cash Balance 3,327,200 3,338,700 3,362,800 3,082,500 2,923,600 2,526,200 Waterways Impact Fee 487,700 502,300 517,400 532,900 548,900 565,400 Interest Earnings and Miscellaneous Revenues 37,800 30,000 22,500 16,900 12,700 9,500 Operating Expenditures (8,200) (8,200) (8,400) (8,700) (9,000) (9,300) Capital Improvements (505,800) (500,000) (811,800) (700,000) (950,000) (500,000) Total Resources Available for Future Projects 3,338,700 3,362,800 3,082,500 2,923,600 2,526,200 2,591,800 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
1 Annual Acquisition and Restoration Riparian Area Right of Way (ROW): Work with developers to purchase Right-of-
Way along waterways as part of development to preserve
and restore native riparian vegetation. Engineering CP0427 - - N/A 500,000 500,000 500,000 500,000 500,000 500,000 2 East Side Regional Park (ESRP) Basin F (Design): Design groundwater recharge Basin F at ESRP using local funds to prepare "shovel ready" Plans, Specifications, and Estimate (PS&E) package. Staff to pursue additional funding for
construction of this project. Multi funded project total of $1.3m from $8k current and $9k prior year Gas Tax (111), $17k current and $100k prior year Measure R Trails (132), $135K current and $404k prior year Parks and Rec (211), $108k current and $481k prior year Ground Water Recharge (224), and $6k current and $10k prior year Waterways (261). Engineering CP0371
(3010) - - B13 5,800
3 Northside Open Space and Basin - West of Shirk:

Northside Highway 198 Open Space Setback Area (west of
Shirk) - Acquire approximately 30.1 acres of land from three parcels for the northwest scenic setback area and riparian setback from Mill Creek to develop as passive recreational open space and drainage basin to serve existing and
planned development north of Highway 198 between Clancy and Shirk. Acquisition of land for the northwest portion (between Clancy and Shirk) planned in 26/27, starting at Clancy and heading east, acquiring one parcel per year.

Multi-funded project total of $3m from $868k Parks & Rec (211), $1.3m Storm Sewer (221), and $900k Waterways
(261). Engineering
New
(3010) $$ A3 250,000 200,000 450,000
Waterways Capital - 261 (2540)
2024/25 - 2029/30 Capital Improvement Program
Fund Description: This fund is derived from developer impact fees. Funds are restricted for acquisition of development setbacks along waterways designated in the Visalia General Plan and restoration of riparian vegetation.

Cash Balance Summary221

68 # Project Description (100 word limit)
Department or
Division
Project #
(or "new")
Budget
Impact
Map
Ref 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
4 East Side Regional Park (ESRP) Basin F (Construction):

Construct a 33 acre groundwater recharge basin at the
ESRP including water structures, piping and dry wells. Also includes a pedestrian trail around the top of the new basin, a riparian habitat, two pedestrian bridges, and a small temporary parking lot. Design in separate project.

Construction is contingent upon receiving a state/federal grant with 20% local match. Multi funded project total of $9.2m from $83k from Gas Tax (111), $180k Measure R
Trails (132), $1.43m Parks and Rec (211), $1.15m Ground Water Recharge (224), $62k Waterways (261), and a $6.3m grant (001). Maintenance cost estimated to be $44k per year. Project Contingent upon grant. Engineering
New
(3010) $$$ B13 61,800
505,800 500,000 811,800 700,000 950,000 500,000
Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
2024/25 - 2029/30 Capital Improvement Program
Waterways Capital - 261 (2540) - Continued
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0533 Agenda Date: 12/15/2025 Agenda #: 4.

Agenda Item Wording:

Award Purchase of Iteris Vector/Next Hybrid Video/Radar Detection System Cameras - Authorize the City Manager to award the purchase of three Iteris Vector/Next Hybrid Video/Radar Detection systems to Jam Services in the amount of $114,087.75.

Prepared by: Danny Galindo, Public Works Manager, [email protected], 713-4186. Nick Bartsch, Public Works Director, [email protected], 713-4052.

Department Recommendation: Staff recommends that the City Council authorize the City Manager to award a purchase of three Iteris Vector/Next Hybrid Video/Radar Detection systems to Jam Services, Inc. in the amount of $114,087.75.

Summary:

The traffic signals at the Plaza Drive intersections with Crowley Avenue, Hurley Avenue, and Goshen Avenue are currently activated by in-pavement loop detectors. The pavement condition at these locations requires repair, and such repairs will compromise the existing loop detection systems.

Damage to the loop systems would result in these signals operating in “hard recall,” where operations revert to timer-based programming, regardless of vehicle presence and volume, ultimately reducing operational efficiency and causing delays.

The remainder of the Plaza Drive north corridor is already operating with camera-based systems. To complete the needed pavement rehabilitation and maintain proper signal functionality, staff recommends converting the three intersections from loop detection to the Iteris Vector hybrid video detection system.

Three quotes were obtained for this purchase:

1. Jam Services, Inc. - $114,087.75

2. NexTech Systems, Inc. - $122,073.89

3. Logistical Enterprises - $125,496.53
Background Discussion:

The City Council previously approved a future pavement rehabilitation project for Plaza Drive, which included the conversion to traffic signal video detection systems at these locations. However, that project is still several years away from construction. In the meantime, pavement conditions at the Plaza Drive intersections of Crowley Avenue, Hurley Avenue, and Goshen Avenue have deteriorated from the increase of heavy truck traffic serving the industrial district, to the point that the existing in- pavement loop detection systems are at risk of imminent failure.

If the loop systems fail, the signals will default to hard recall, reverting to timer-based programming, Visalia City Council Printed on 12/10/2025Page 1 of 2
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File #: 25-0533 Agenda Date: 12/15/2025 Agenda #: 4.
reducing traffic efficiency and causing unnecessary delays. Converting these intersections to the Iteris Vector hybrid video detection system will prepare these intersections for the future pavement rehabilitation project, allow the City to maintain proper signal operations and proceed with necessary interim pavement repairs without compromising signal functionality.

This conversion will also bring these locations into alignment with the remainder of the Plaza Drive north corridor, which already operates on camera-based detection.

AC Electric is the City’s current on-call contractor providing traffic signal electrical maintenance services under an annual not-to-exceed contract amount of $160,000. While the cost of installation will be performed under the on-call contract, due to the high cost of the Iteris Vector hybrid video detection system, staff obtained competitive quotes for this equipment purchase to avoid exceeding the annual contract limit. Additionally, by purchasing the equipment directly, the City ensures it receives the lowest of the three bids and avoids unnecessary contractor mark-up.

Fiscal Impact: The total cost of the purchase of the Iteris Vector/Next Hybrid Video/Radar Detection System cameras is $114,087.75. Funding is available through SB1 funds allocated to the Plaza Drive Intersection Improvements project (CP0625). No additional appropriations are required.

Due to the deteriorating condition of the pavement and its effect on the traffic signal loops, the conversion to, and purchase of, these camera systems cannot wait for the future project. Therefore, Staff is requesting to forgo the typical formal bid process and classify this as an emergency purchase that will be installed by the City’s existing on-call traffic signal contractor at a cost of $33,525, for a total project cost of $147,612.75. This will ensure timely deployment and compatibility with existing signal infrastructure.

Prior Council Action: On June 5, 2023, the City Council approved the Plaza Drive Intersection Improvements project (CP0625), which includes upgrades to traffic signal detection systems along the Plaza Drive corridor.

Other: N/A
Alternatives: Do not authorize the purchase. This alternative could result in reduced efficiency and potential traffic delays.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award the purchase of three Iteris Vector/Next Hybrid Video/Radar Detection System cameras to Jam Services, Inc. in the amount of $114,087.75, forgoing the typical formal bid process and classifying this as an emergency purchase.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 12/15/2025
Attachments:

Iteris Detection System Quotes
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0543 Agenda Date: 12/15/2025 Agenda #: 5.

Agenda Item Wording:

Ordinance Adoption - Second reading of ordinance 2025-14 to adopt the 2025 California Fire Code as published by the International Code Council and amended by the State of California and the City of Visalia.

Prepared by: Corbin Reed, Fire Marshal, [email protected], (559)713-4272, Dan Griswold, Fire Chief, [email protected], (559)713-4220.

Department Recommendation: Staff recommends City Council holds the second reading of Ordinance No. 2025-14, amending Visalia Municipal Code 8.20.

Summary:

Every three years, the State of California updates and adopts a new fire code edition. The last update to the fire code was in 2022. The attached ordinance is being passed to update the references in the Visalia Municipal Code 8.20 to the applicable statewide standards including all local amendments.

Background Discussion:

Every three years, the State of California updates and adopts a new fire code edition. The last update to the fire code was in 2022. The attached ordinance is being passed to also update the references in the Visalia Municipal Code 8.20 to the applicable statewide standards including all local amendments. On July 1, 2025, the State of California Building Standards Commission published the 2025 California Fire Code (CFC). Local jurisdictions are required by State law to implement these State of California mandated codes along with any local amendments by January 1, 2026.

To comply with State law, Staff recommends adopting the California Fire Code, Title 24, California Code of Regulations, Part 9, 2025 Edition, together with the California Fire Code Standards referenced; additionally, Staff recommends adopting the local amendments as outlined in attached VMC 8.20 and the following sections as published by the International Code Council:
· 104.4 Right of Entry- Provides additional authority to obtain an inspection warrant if entry is denied to an unsafe structure.
· 111.1 Authority to disconnect service utilities- Provides additional authority to disconnect utilities in the event of an emergency or when a structure is deemed unsafe to occupy. · 112 Means of Appeals- Outlines the requirements of a board of appeals to rule on appeals of the interpretation and/or enforcement of the California Fire Code. · 311 Vacant Premises- Provides additional authority to require maintenance of vacant structures throughout the community. Provides additional authority to secure vacant structures if a property owner fails to do so and or demolish abandoned structures that are deemed hazardous.
· 503 Fire Apparatus Access Roads- Outlines minimum fire apparatus road construction Visalia City Council Printed on 12/10/2025Page 1 of 2
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File #: 25-0543 Agenda Date: 12/15/2025 Agenda #: 5.
requirements including dimensions and marking requirements. Additionally, section 503 provides the ability to require multiple access points to large commercial projects that may otherwise only have one point of access/egress.
· Appendix Chapters D (Fire Apparatus Access Roads as amended by section L)- Provides additional fire apparatus access road requirements including turnaround dimensions and templates. Appendix D has been modified to require multi-family projects be provided with a minimum of two access/egress points when more than 100 dwellings are built, single family residential projects are required to have two access points when more than 30 homes are to be constructed. These requirements prevent bottlenecking of traffic at a singular point that may be blocked by emergency apparatus. Having two access/egress points supports Police Department operations in the event and necessitates expedient egress from an area due to a potential or actual threat.
· I (Fire Protection Systems- Non-compliant Conditions)- Consolidates applicable code references from NFPA for the enforcement non-compliant fire protection system conditions and maintenance requirements, primarily fire sprinklers and fire alarm systems. · N (Indoor Trade Shows and Exhibitions)- Provides applicable code sections for indoor trade shows and exhibitions.
· P (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses)- Provides applicable code sections for haunted houses and similar amusement buildings that pose a unique hazard due to a large number of occupants in a building that may be designed to purposefully confuse or disorientate the occupants.

Fiscal Impact: Unknown
Prior Council Action: The City Council held a public hearing and approved the first reading on November 17, 2025.

Other: N/A
Alternatives: Take no action- State adopted sections of the 2025 California Fire Code will be effective on January 1st, 2026, without local amendments.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading of Ordinance 2025-14 for the adoption of the 2025 California Fire Code and all local amendments.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 12/15/2025
Attachments: 1.) Visalia Municipal Code 8.20, 2.) 2025 California Fire Code Adoption PowerPoint Visalia City Council Printed on 12/10/2025Page 2 of 2
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ORDINANCE NO. 2025-14

AN ORDINANCE TO REPEAL AND REPLACE
SECTION 8.20.010 OF THE VISALIA MUNICIPAL CODE

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

Section 1. Consistent with its control over municipal affairs and the powers vested in the City of Visalia through the California Constitution and its Charter, the City of Visalia is authorized to secure and promote the public health, comfort, safety and welfare of its citizenry. It is the intent of this ordinance that the City of Visalia adopt the California Fire Code, Title 24, California Code of Regulations, Part 9, 2025 Edition, together with the Appendices thereto, and the California Fire Code Standards referenced therein, published by the International Code Council and hereby referred to, adopted as the Fire Code of the City of Visalia. This section shall hereinafter be referred to as the “California Fire Code”, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Visalia; providing for the issuance of permits and collection of fees therefor.

Section 2. Section 8.20.010 through 8.20.120 is hereby repealed and replaced as follows:

8.20.010 Adoption of the 2019 California Fire Code

A. There is adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain document, not less than one copy is filed in the office of the Fire Department and one in the office of the Building Division of City of Visalia, being marked and designated as the California Fire Code, 2025 edition published by the International Code Council, including sections 104.4 Right of Entry, 111.1 Authority to disconnect service utilities, 112 Means of Appeals, 311 Vacant Premises, 503 Fire Apparatus Access Roads and Appendix Chapters D (Fire Apparatus Access Roads as amended by section L), I (Fire Protection Systems- Noncompliant Conditions), N (Indoor Trade Shows and Exhibitions) and P (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses), as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Visalia, in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City of Visalia are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed this section 8.20.010.

B. All further references shall be to the 2025 California Fire Code, in Subsection 101.1 of the, the term “City of Visalia” shall be inserted.

C. Subsection 104.4.1.1. Warrant cost recovery, is added to read as follows:

104.4.1.1 Warrant cost recovery. Cost to the City of Visalia for obtaining and executing an Inspection Warrant is the responsibility of the property owner and steps to recover the costs will be taken, up to and including a lien against the property. Recovery costs may include staff time, legal fees, and court fees.
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D. Subsection 113.4 Change: Violation penalties, is amended to read as follows:

113.4 Violations penalties. Persons who shall violate a prevision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or a permit or certificate used under provision of this code, shall be guilty of a misdemeanor, infraction or both, alternatively violations may be subject to an administrative fine or penalty.

Penalties shall be as prescribed in local Ordinance Section 1.12.010. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

E. Subsection 113.4.2 Cost of abatement, is added to read as follows:

113.4.2 Cost of abatement. Cost of abatement is the responsibility of the property owner and steps to recover the costs will be taken, up to and including a lien against the property.

Property owners shall be notified of any action taken as soon as possible. Recovery costs may include staff time, contractor’s costs, legal fees and any and all cost associated with the abatement.

F. Subsection 114.4 Change: Failure to comply, is amended to read as follows:

114.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine prescribed in local Ordinance Section

1.12.010.

G. Subsection 108.7 Added: Visalia Fire Department Fee Schedule, is added to read as follows:

108.7 Visalia Fire Department Fee Schedule. The Fire Chief may establish a schedule of fees, as approved by the City Council, to be charged and collected for plan checking, required inspection services, and for the issuance of permits pursuant to Section 105 of this Code. In addition, this schedule may include a fire service Cost Recovery fee to be charged to any person, firm, corporation or business that through negligence, violation of the law or as a result of carelessness is responsible for the cause of any fire service response to the scene of such an incident. A copy of the fee schedule shall be kept in the office of the City Clerk and the Office of the Fire Department and shall be available for public inspection.

H. Subsection 105.5.36 Exception, is amended to read as follows:

105.5.36 Exception: Recreational Fires, see Visalia Municipal Code Ordinance, Open Burning, Section 8.44.010.

I. Subsection 904.4.7 shall be added to read as follows:

904.4.7 Tamper Protection. All exterior risers, drain/test valves and backflow devices shall be protected from unauthorized tampering by approved means. Protection method shall be indicated on building plans.

J. Subsection 912.2.3 and 912.2.3.1 Buildings provided with a fire sprinkler system, is added to read as follows:

912.2.3 Buildings provided with a fire sprinkler system. Any newly constructed building provided with a NFPA 13 or NFPA 13R fire sprinkler system shall provide a fire hydrant within fifty (50) feet of the fire department connection. Where an existing building is 231
retrofitted with a NFPA 13 or NFPA 13R fire sprinkler system a fire hydrant shall be provided within seventy-five (75) feet of the fire department connection.

912.2.3.1 An additional twenty-five (25) feet of distance between a fire hydrant and the fire department connection (FDC) may be granted by the Fire Marshal when a fire sprinkler system density is designed with an additional 25%.

Exceptions: The additional twenty-five (25) feet of distance between a fire hydrant and the fire department connection (FDC) shall not be permitted for Pipe scheduled and ESFR sprinkler systems.

K. Section D106 where required, “apparatus access roads” shall be available to local traffic at all times.

L. Section D106.1 (Exception) shall be deleted in its entirety.

M. Subsection D107.1 Shall read as follows:

D107.1 One- or two-family dwelling residential developments. Developments of one- two family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved access roads that are available to local traffic at all times.

N. Subsection D107.1, Exception 1. shall be deleted in its entirety.

8.20.020 Establishment authority and responsibilities.

A. The fire marshal under the authority of the fire chief is hereby authorized to enforce the provisions of the California Fire Code and shall have the authority to render interpretations of the code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of the code and shall not have the effect of waiving requirements specifically provided for in the code.

B. The fire marshal may authorize fire inspectors and other members of the fire department as deemed necessary to enforce the provisions of the fire code.

8.20.030 Definitions.

Fire Code Official. Whenever the term “fire code official” is used in the California Fire Code, it means fire marshal of the fire department.

Municipality. Whenever the term “municipality” is used in the California Fire Code, it means the City of Visalia.

8.20.040 Establishment of limits of storage of flammable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases.

The limits referring to storage of flammable liquids in outside aboveground tanks and bulk storage of liquefied petroleum gases in the California Fire Code is to be restricted shall be regulated by the city zoning ordinance. Where the zoning ordinance is silent about the permitted or conditional use the omission shall be considered prima facie evidence of clear intent to prohibit the act.

8.20.050 Modifications.

Where there are practical difficulties involved in carrying out the provisions of this code, the fire marshal shall have the authority to grant modifications for individual cases, provided the fire 232
marshal shall first find that special individual reason makes the strict letter of the code impractical and the modification is in compliance with the intent and purpose of the code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the department of fire prevention.

8.20.060 Alternative materials and methods.

The fire marshal shall have power to approve alternative materials and methods where he or she finds that the proposed design is satisfactory and complies with the intent of the provisions of the California Fire Code. Where the alternative material, design or method of construction is not approved, the fire marshal shall respond in writing, stating the reasons why the alternative was not approved.

8.20.070 Appeals.

Whenever the fire marshal and or chief of the fire department disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the fire marshal and or chief of the fire department to the board of appeals as established by California Fire Code section 112 within thirty (30) days from the date of the decision.

8.20.080 New materials, processes or occupancies which may require permits.

A. The city manager, the chief of the fire department, fire marshal and the chief building official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancy, which shall require permits, in addition to those now enumerated in said code.

B. The fire chief shall post such list in conspicuous place in his/her office and distribute copies thereof to interested persons. (Prior code § 4408)

8.20.090 Capacity of tank trucks.

The capacity of compartments of tank trucks used in the delivery of Class I flammable liquids in retail lots and for retail purposes within the city shall be limited to one thousand two hundred (1,200) gallons. (Prior code § 4450)

8.20.100 Special permits.

The chief of the fire department may, at his discretion, issue special permits for the entrance into the city of tank trucks of greater than one thousand two hundred (1,200) gallon compartment capacity for the purpose of making delivery of Class I flammable liquids to retail distribution stations, but not otherwise; provided, such permits shall be restricted to deliveries at locations where unusual hazards will not be created by such larger capacity trucks; provided, that no such tank trucks, carrying Class I flammable liquid, shall be parked or left unattended on any street, highway, avenue or alley of the city. (Prior code § 4451)

8.20.110 Penalties.

Any person who shall violate any of the provisions of the code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specification or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the city attorney 233
or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor or infraction as determined by the city attorney, and shall be assessed administrative penalties pursuant to the provisions of Chapter 1.13 of the Visalia Municipal Code. These penalties may accrue and each day the property is not in compliance shall be considered another violation.

Section 3. Consistent with its control over municipal affairs and the powers vested in the City of Visalia through the California Constitution and its Charter, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. Pursuant to Health and Safety Code, sections 17958.7 & 18941.5 because of local climatic, topographical or geological conditions the City of Visalia hereby affirms that the following appendices and code section amendments to the 2025 California Fire Code are necessary. It is noted that these appendices and code section amendments are referenced above in Section 1, but are also referenced below to clarify that they have been found to be necessary:

A. The following appendices and code sections are adopted by reference as necessary due to the local climatic, topographical, or geologic conditions:

California Fire Code, 2025 edition published by the International Code Council, including sections 104.4 Right of Entry, 111.1 Authority to disconnect service utilities, 311 Vacant Premises, 503 Fire Apparatus Access Roads and Appendix Chapters D (Fire Apparatus Access Roads as amended by section L), I (Fire Protection Systems- Noncompliant Conditions), N (Indoor Trade Shows and Exhibitions) and P (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses), as published by the International Code Council.

B. The City of Visalia has found the following concerning local climactic conditions, specifically extreme temperatures:

 As documented in the Visalia General Plan Visalia is characterized as having an “inland Mediterranean” climate. High temperatures are also contributors to ozone formation, and summer high temperatures often exceed 100ºF with an all-time high of 115ºF averaging 275 sunny days per year. Climate models predict a 4ºF temperature increase in the next 20 to 40 years, with an increase in the number of long dry spells (Visalia: 2010). Data shows that during the months of July and August, Visalia's daily high temperature has averaged in excess of 94ºF as compared to San Francisco with an average of 67ºF and San Diego having an average of 74ºF.  During the winter months Visalia experiences extended periods of cold weather.

During the months of December and January the average low temperat ure is 38ºF with an all-time low of 13ºF, compared to San Francisco with a low of 47ºF and San Diego with a low of 49ºF. Though Health & Safety Code § 17958.7 does not require the local conditions to be unique to a particular jurisdiction, the aforemention ed temperatures experienced in Visalia are extreme as compared to temperatures experienced in other parts of California.
 The Heat Stress Index published by the Federal Emergency Management Agency in its publication entitled Emergency Incident Rehabilitation sets forth the stress placed on the human body when exposed to various temperatures and humidity. A note under the Heat Stress Chart states that 10 degrees should be added to the temperature when protective clothing is worn and an additional 10 degrees should be added when the person is standing in direct sunlight. According to this chart, a person exposed to temperatures between 90 and 105 degrees is subject to heat cramps and heat exhaustion if exposure to these temperatures is prolonged a nd there is physical activity. A person exposed to temperatures of 105 to 130 degrees is likely to experience heat cramps and heat exhaustion. Furthermore, heat stroke is possible if exposure is prolonged and there is physical activity. A person expos ed to 234
temperatures above 130 degrees or greater faces a high risk of suffering from heat stroke (USFA: July 2008).
 Because of the extreme heat Visalia experiences during the summer months, Visalia Fire Fighters responding to fires and other incidents req uiring the evacuation of a building are regularly exposed to temperatures in excess of 105 degrees. High temperatures and protective gear exposes fire personal to the probability of heat cramps, heat exhaustion and possibly heat stroke.

C. In addition, the City of Visalia makes the following findings concerning local geological conditions, specifically water supply and water pressure:

 The Visalia area is an arid area that receives an average of 11 inches of precipitation per year occurring primarily in the winter months. Furthermore, The Visalia City Area relies completely on groundwater for its water supply using approximately 28,834 acre feet in 2019.
 Due to the hot, dry summers in the Visalia area, domestic water demand can substantially reduce the ability of the public water system to dependably meet the large fire flow demand requirements in many areas of the city. According to the City of Visalia’s General Plan “Public safety should be a top priority for the use of water.”

D. As documented below the City of Visalia makes the following findings concerning local climatic/topographical conditions, specifically air quality caused by the topography of the San Joaquin Valley air basin, number of sunny days, and inversions that form during winter months:

 As a result of the San Joaquin Valley's climate and topography, the San Joaquin Valley Air Basin (SJVAP) is predisposed to poor air quality. High mountain ranges surrounding the Valley frequently create air layer inversions that prevent mixing of air masses. The large number of sunny days per year, and high temperatures in the summer favors the formation of ozone. In the winter, inversions form that often trap particulate matter
 The Federal Environmental Protection Agency and the California Air Resources Board have classified the San Joaquin Valley Air Basin as severe non -attainment for ozone and serious non -attainment (federal) non -attainment (state) for PM10. Ozone is formed by a complex series of chemical reactions between reactive organic gases (ROG), oxides of nitrogen and sunlight. PM10 is suspended particulate matter that is less than 10 microns in size. Given its small size, PM10 can remain airborne for long periods and can be inhaled, pass through the respiratory system, and lodge in the lungs. In general, nonattainment means that the federal standard has been exceeded more than twice per year.
 Smoke is composed primarily of carbon dioxide, water vapor, carbon monoxide, particulate matter, hydrocarbons and other organic chemicals, nitrogen oxi des, trace minerals and several thousand other compounds. Particulate matter is the principal pollutant of concern from some for the relatively short-term exposures (hours to weeks) typically experienced by the public. Particulate matter in wood smoke has a size range near the wavelength of visible light (.4-.7 micrometers) because these particles can be inhaled into the deepest recesses of the lungs, they are thought to represent a greater health concern than larger particles. Another pollutant of concern during some events is carbon monoxide (Wildfire smoke 2001). the San Joaquin Valley Air Pollution Control District states "Emissions from burning include fine particulate, hydrocarbons, oxides of nitrogen, oxides of sulfur, carbon monoxide, and toxic ai r contaminants that contribute to our air quality problems.

E. City makes the following findings concerning local topographical conditions, specifically the City of Visalia’s development pattern:

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 Due to the relatively low -density growth pattern in the Visa lia area, likely due to the large amounts of agricultural business that contribute heavily to the local economy and the agricultural uses surround the community, its 6 fire stations are spaced approximately 3.4 miles apart resulting in an average of a 1.7 mile running distance for the designated first-in engine company.
 This average 1.7-mile travel distance increases the response time to fires which result in an increase in the size and intensity of fires. Fires have the potential to require the response of all on-duty personnel in the City of Visalia, which depletes all available resources. This leaves the city dependent on off-duty personnel and outside agencies to cover the city.

F. The appendices and modifications to the California Fire Code by the City of Visalia are reasonably necessary because of the above described local climatic, geological, and topographical conditions. These appendices and sections are intended to reduce the incidence of fires in the City of Visalia; to provide for a safer community that is less prone to accidents and the need for emergency services; and to provide for specific building conditions applicable to the City of Visalia since it is a community with a considerable agricultural economic base and surrounded by agricultural uses. For reference the following documents support the findings concerning the local conditions cited above:

 Visalia general plan update: existing conditions report. (2010). Environmental resources and hazards. (ch.8)
 Visalia general plan update: (2014)
 Historical Temperature Data: https://www.weatherbase.com  U.S. Fire Administration. (July 2008). Emergency incident rehabilitation. (FEMA fa - 314). Washington, DC: U.S. Government Printing Office.
 Wildfire Smoke – A Guide for Public Health Officials (2001) Published by the Washington State Department of Health, p. 3.
 California Water Service, Visalia Division

G. It is further noted that the changes or modifications identified in this ordinance are substantially equivalent to changes or modifications that were previously filed by the City of Visalia and that were in effect as of September 30, 2025, and are necessary as emergency standards to protect health and safety.

Section 4. That all City of Visalia Ordinances with the term “Uniform Fire Code” shall change to “2022 California Fire Code” and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Visalia hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

Section 6. That nothing in this ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 5 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 30 days after final passage and adoptions but not earlier than January 1, 2020. 236

Section 7. That the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

PASSED AND ADOPTED:

Mayor

ATTEST:

City Clerk

APPROVED AS TO FORM
BY CITY ATTORNEY:

City Attorney
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2025 California
Fire Code
Adoption
Presented by:

Visalia Fire
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Code Adoption
• 2025 California Fire Code
– Sections not adopted by the State Fire Marshal or other State entities must be specifically adopted by the Local Authority Having Jurisdiction to be enforced.
•Sections:
–104.4 Right of Entry – Provides additional authority to obtain an inspection warrant if entry is denied to an unsafe structure. –111.1 Authority to disconnect service utilities – Provides additional authority to disconnect utilities in the event of an emergency or when a structure is deemed unsafe to occupy.
–112 Means of appeals – Outlines the requirements of a board of appeals to rule on appeals of the interpretation and/or enforcement of the California Fire Code.
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Code Adoption continued
•Sections continued:
–311 Vacant premises – Provides additional authority to require maintenance of vacant structures throughout the community. Provides additional authority to secure vacant structures in the event that a property owner fails to do so and or demolish abandoned structures that are deemed hazardous.
–503 Fire Apparatus access roads – Outlines minimum fire apparatus road construction requirements including dimensions and marking requirements. Additionally, section 503 provides the ability to require multiple access points to large commercial projects that may otherwise only have one point of access/egress.
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Code Adoption continued
•Appendices continued:
–Appendix I (Fire Protection Systems- Noncompliant Conditions) – Consolidates applicable code references from NFPA for the enforcement of fire protection system maintenance requirements, primarily fire sprinklers and fire alarm systems.
–Appendix N (Indoor Trade Shows and Exhibitions) – Provides applicable code sections for indoor trade shows and exhibitions. –Appendix P (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses) – Provides applicable code sections for haunted houses and similar amusement buildings that pose a unique hazard due to a large number of occupants in a building that may be designed to purposefully confuse or disorientate the occupants.
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Code Adoption Continued
•Appendices:
–Appendix D (Fire Apparatus Access Roads as amended by section L) – Provides additional fire apparatus access road requirements including turnaround dimensions and templates. Appendix D has been modified to require additional access points for residential projects. These requirements prevent bottlenecking of traffic at a singular point that may be blocked by emergency apparatus. Having two access/egress points supports Police Department operations in the event and necessitates expedient egress from an area due to a potential or actual threat. 242
New Visalia Specific Amendments
• Section D106.1 Exception is deleted, requiring all multi-family (apartment) complexes with over 100 units to be provided with two points of vehicular entry and exit.
• All citations were updated as code sections changed throughout the code. 243
ThankYou!
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0545 Agenda Date: 12/15/2025 Agenda #: 6.

Agenda Item Wording:

Consideration for fee waiver - Request from Visalia Gadabouts to utilize the Visalia Senior Center at a reduced rate for the purpose of providing programs and services for senior citizens.

Prepared by: Laurissa Roggenkamp, Recreation Manager, (559)713-4336, [email protected]; Jason Glick, Parks & Recreation Director, (559)713-4042, [email protected].

Department Recommendation: It is recommended by the Parks and Recreation Commission and by staff that the City Council waive the rental fee of $2,952 but assess the direct staffing cost of $1,166.72.

Summary:

Visalia Gadabouts, a local non-profit 501(c)(3), has applied to use the Visalia Senior Center once a month in 2026. As a verified non-profit, they qualify for a 20% reduced rental rate but are requesting a full waiver of rental fees. Staff reviewed the request using the established 2006 process for evaluating free or reduced facility use.

After reviewing the organization’sfinancials, program purpose, and facility needs, staff recommended to the Parks and Recreation Commission that the rental fee of $2,952 be waived, but that the group pay the direct labor cost of $1,166.72 associated with opening and staffing the facility during non- operating hours. This approach supports senior focused programming while avoiding additional cost to the City. The Parks and Recreation Commission supported this recommendation.

Background Discussion:

In the continued effort to support senior programs and non-profit organizations that serve seniors, a process was developed in 2006 to designate free or reduced facility rental fees for use of the Visalia Senior Center. Following the established process, organizations requesting to utilize the Senior Center at a waived or reduced rate must annually submit a Facility Use Application for the upcoming calendar year. The application must include supplemental information including details about the organization/agency, non-profit status verification, and financial records for the past two years. For 2026, one application was received requesting a fee waiver, the sole applicant was Visalia Gadabouts.

The Visalia Gadabouts organization is a travel club for seniors. Gadabouts meet one Saturday per month to provide trip information. This organization is 501(c)(3) and does not collect fees for their monthly meeting from attendees (donations are accepted). Visalia Gadabouts coordinates the trips with a travel company, and participating seniors pay to attend the curated trips. As a verified non- profit organization Visalia Gadabouts are automatically eligible for the non-profit (-20%) rental rates.

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File #: 25-0545 Agenda Date: 12/15/2025 Agenda #: 6.

Visalia Gadabouts has requested a fee waiver for the 2026 rental of the Senior Center Main Room, where they will host their monthly meetings.

City staff reviewed the rental application and fee waiver request of Visalia Gadabouts to ensure that the established criteria for consideration for a fee waiver or reduced fee were met. The criteria are as follows:
· Application: Organizations must apply annually and provide records of their non-profit status and financial records.
· Programming: The program or service meets the needs and interests of Visalia seniors. o Programs and services should be affordable and within the financial means of seniors. · Organization Finances: The organization should not monetarily benefit (make a profit) from their use of the city facility.
o If an organization or group has profited from its use of this City facility, it is recommended that the organization pay fully appropriate rental fees. · Facility Use: The requested amount of time and facility space fits with the needs of the program and should not displace a City program.
· Impact on City: The City should not incur expenses specifically for the function of a free or reduced fee rental.
o For use of the facility outside of normal operating hours the City must pay for a Building Attendant, this creates a City subsidy for a particular program or event.

Through the review process City staff have determined that the applicant, Visalia Gadabouts, offer a program of interest to seniors, their finances show that they do not benefit financially (create a profit), and their requested use of facility space and time are appropriate for the programming. However, the requested time is outside of regular operating hours of the Visalia Senior Center. To fulfill the rental request, the Parks and Recreation Department will have to schedule a staff member to open/close the facility, in addition to setting up the meeting space and service the facility for the duration of the rental.

For 2026, Visalia Gadabouts requested a complete fee waiver, with no cost to them for facility use.

City staff’sanalysis of the application unfortunately does not support the request, and as it has in prior years, staff is recommending that the fee be reduced and that the Visalia Gadabouts be charged for the direct cost of the on-site staffing.

Visalia Gadabouts are requesting for 2026 use of the Senior Center Main Room from 8:30 a.m. to 12:30 p.m. on the first Saturday of each month. Based on the Rates & Fees non-profit pricing this usage would cost a total of $2,952.00.

The direct cost to the City for staffing the facility for Visalia Gadabouts use is projected to be $1,166.72 for 2026 this is the amount that staff are recommending Visalia Gadabouts to pay.

Fiscal Impact: The Visalia Gadabouts have requested use of the Senior Center Main Room on the first Saturday of each month January - December 2026 from 8:30 a.m. to 12:30 p.m. The cost for a non-profit to reserve the space is $61.50 per hour. The applicant is requesting a fee waiver for their 2026 rental, $2,952. Direct Labor cost to have a staff member on-site, including facility preparation and clean-up after rental is $1,166.72.

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File #: 25-0545 Agenda Date: 12/15/2025 Agenda #: 6.

Prior Council Action: Council has approved fee waivers and/or fee reductions for the Visalia Gadabouts for the past seventeen years. Beginning in 2020, Council approved rental fee waiver with assessing the direct staffing cost be paid by the applicant.

Other: The Parks and Recreation Commission met on November 12, 2025, to review the request from the Visalia Gadabouts. The commission is recommending to City Council that the rental fee be waived, but that the applicant pay the direct cost of staffing.

Alternatives: Deny applicants request for a fee waiver, applicant would pay the full facility rental cost at the non-profit rate.

Recommended Motion (and Alternative Motions if expected):

I move to accept the recommendation from the Parks and Recreation Commission to waive the 2026 facility rental fees, but to assess the direct staffing cost for the Visalia Gadabouts use of the Visalia Senior Center to provide programs and services for seniors.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 12/31/2025
Attachments: Facility Rental Application with Fee Waiver Request and the Visalia Gadabouts 2026 Trip Sheet.

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0547 Agenda Date: 12/15/2025 Agenda #: 7.

Agenda Item Wording:

Award Design Contract and Accept Congestion Mitigation and Air Quality Funding - Authorize the City Manager to enter into a contract with Kimley-Horn & Associates for the design of the signal interconnect project along various corridors in the amount of $488,430, and accept $5,956,000 of Congestion Mitigation and Air Quality funds awarded for traffic signal interconnect projects at various locations and the appropriation of an additional $2,716,000 from Fund 281 State Transportation to the projects identified in this report.

Prepared by:

Eric Bons, Senior Civil Engineer, [email protected], 559-713-4350 Dolores Verduzco, Financial Analyst, [email protected], 559-713-4540 Chris Crawford, City Engineer, [email protected], 559-713-4331 Jason Huckleberry, Engr. & Bldg. Dir., [email protected], 559-713-4495 Department Recommendation:

Staff recommends City Council authorize the following:
1) City Manager to enter into a contract with Kimley- Horn & Associates for the design of the Signal Interconnect Project along various corridors in the amount of $488,430; and 2) Accept $5,956,000 of Congestion Mitigation and Air Quality (CMAQ) funds awarded for Traffic Signal Interconnect Projects at various locations; and
3) Appropriation of an additional $2,716,000 from Fund 281 (State Transportation) to the projects identified in this project.

Summary:

The Signal Interconnect Project consists of seven (7) segments of roadways within the City of Visalia that will extend the existing Intelligent Transportation System (ITS) network connecting existing signalized intersections and allowing for future expansion of the ITS network. The various segments have been combined into three main projects based on the funding sources.

The project locations are described below and are shown in an exhibit attached to this staff report.

Project A:

1. Caldwell Avenue - (Santa Fe St and Lovers Lane)

2. Akers Street - (Walnut Avenue and Goshen Avenue)

3. Plaza Drive - (Crowley Avenue and Riggin Avenue)

4. Demaree Street - (Mill Creek Dr and Ferguson Ave)

5. Riggin Avenue - (Akers St and Giddings St)
Project B:

1. Caldwell Avenue - (Akers St. and County Center Dr.)
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File #: 25-0547 Agenda Date: 12/15/2025 Agenda #: 7.

Project C:

1. Walnut Avenue - (Akers Street and Plaza Drive)
The design of the projects is funded by local City funds and the construction is a combination of Congestion Mitigation and Air Quality (CMAQ) funds and local funds.

Background Discussion:

The City of Visalia applied for the CMAQ grants in 2024 for construction funds for these seven segments with the anticipation of being awarded a portion of the applications submitted. The City’s applications fared well and the City was awarded construction funds for all seven of the applications submitted. The seven segments will add approximately 11 miles of fiber optic cable connecting traffic signals along each corridor and connecting existing City owned facilities where practical.

Each new segment will extend the existing ITS network which is in conformance with the City of Visalia Intelligent Transportation System Strategic Plan. The extensions will be designed to have the capacity to provide connectivity to adjacent traffic signals or other infrastructure throughout the City.

The consultant will prepare the construction plans, project specifications, and construction estimate for all the individual segments. The consultant, Kimley-Horn & Associates, Inc. has successfully completed over five ITS projects over the past ten years. They have provided the City with sound ITS expertise and clear construction documents. The current projects have specific timelines associated with CMAQ funding and the consultant has committed to meeting the funding deadlines.

Kimley-Horn & Associates is one of four professional design service firms that City Council approved with RFQ 20-21-55 in February 2021. Kimley-Horn & Associates was selected from the rotating list of these four qualified professional design service firms due to their expertise in the design of ITS network systems and their responsiveness.

As further detailed below, the five segments listed as Project A have been grouped together since they share the same funding sources which allow them to be bundled to reduce the effort required to advertise five separate projects. The other two projects, Project B and Project C, will be individual projects due to the additional funding sources which require separate accounting recording associated with the various funding sources.

Project A, with its five segments, will extend the existing ITS infrastructure to additional intersections and expanding the ITS network for today’s needs and providing for future expansion. These segments have the same funding sources, therefore, they have been bundled together to reduce staff’s efforts required for the advertisement of five individual projects.

Project B, Caldwell Avenue from Akers Street to County Center, is a separate project because in addition to providing ITS connectivity to the traffic signals, an information service connection will be extended to the Visalia Police Department Substation located at the corner of County Center and Cameron Avenue. This additional connection will provide a City owned and controlled connection within the City’s information services network.

Project C, Walnut Avenue from Akers Street to Plaza Drive, is a separate project because this will provide a City owned and controlled fiber optic connection to the airport facilities, the animal control center, and the wastewater treatment plant. These three facilities are interconnected between Visalia City Council Printed on 12/9/2025Page 2 of 5
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File #: 25-0547 Agenda Date: 12/15/2025 Agenda #: 7.
center, and the wastewater treatment plant. These three facilities are interconnected between themselves with a fiber optic connection but the connection between three facilities and the City’s central network which is located within the VECC is connected utilizing a leased communication link.

This project will work in conjunction with another Capital Improvement Project (CP0664) and will eliminate the need for the leased communication connection and provide a City owned and controlled connection.

Fiscal Impact: These projects are funded by Measure R Local funds (131), Measure R-Regional funds (133), Congestion Mitigation and Air Quality (CMAQ) funds (281), Information Services funds (511), Animal Control funds (406), Airport funds (411), and Waste Water Treatment Plant funds (431) as shown in the following tables.

Project A
Project Funding (CP0776)
Measure R Local (131 Fund) $1,805,000
Measure R Regional (133 Fund) $810,000
Transportation (281 Fund) Appropriated $3,240,000
Transportation (281 Fund) *Appropriation Request $1,420,000 Total Project Funding: $7,275,000
Project Design Cost
Project Management - (Estimated) $40,000
Consultant Design Services $332,430
Total Design Cost (Estimated) $372,430
Project Construction Cost
Construction (Estimated) $5,955,000
City Staff (Estimated) $20,000
Construction Management - (Estimated) $100,000
Construction Contingency - (Estimated) $300,000
Total Construction Cost (Estimated) $6,375,000
Summary
Project Funding $7,275,000
Project Design Cost $372,430
Budget Remaining for Construction: $6,902,570
Project Construction Cost $6,375,000
Project Budget Remaining: - Surplus / (Deficit) $527,570 Project B
Project Funding (CP0490)
Measure R Local (131 Fund) $435,000
Information Services (511 Fund) $130,000
Transportation (281 Fund) *Appropriation Request $256,000 Total Project Funding: $821,000
Project Design Cost
Project Management - (Estimated) $20,000
Consultant Design Services $85,400
Total Design Cost (Estimated) $105,400
Project Construction Cost
Construction (Estimated) $240,000
City Staff (Estimated) $20,000
Construction Management - (Estimated) $40,000
Construction Contingency - (Estimated) $20,000
Total Construction Cost (Estimated) $320,000
Summary
Project Funding $821,000
Project Design Cost $105,400
Budget Remaining for Construction: $715,600
Project Construction Cost $320,000
Project Budget Remaining: - Surplus / (Deficit) $395,600 Visalia City Council Printed on 12/9/2025Page 3 of 5
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File #: 25-0547 Agenda Date: 12/15/2025 Agenda #: 7.

Project Funding (CP0490)
Measure R Local (131 Fund) $435,000
Information Services (511 Fund) $130,000
Transportation (281 Fund) *Appropriation Request $256,000 Total Project Funding: $821,000
Project Design Cost
Project Management - (Estimated) $20,000
Consultant Design Services $85,400
Total Design Cost (Estimated) $105,400
Project Construction Cost
Construction (Estimated) $240,000
City Staff (Estimated) $20,000
Construction Management - (Estimated) $40,000
Construction Contingency - (Estimated) $20,000
Total Construction Cost (Estimated) $320,000
Summary
Project Funding $821,000
Project Design Cost $105,400
Budget Remaining for Construction: $715,600
Project Construction Cost $320,000
Project Budget Remaining: - Surplus / (Deficit) $395,600 Project C:

Project Funding (CP0527)
Measure R Local (131 Fund) $600,000
Animal Control (406 Fund) $175,000
Airport (411 Fund) $175,000
Waste Water Treatment Plant (431 Fund) $530,000
Transportation (281 Fund) *Appropriation Request $1,040,000 Total Project Funding: $2,520,000
Project Design Cost
Project Management - (Estimated) $20,000
Consultant Design Services $70,600
Total Design Cost (Estimated) $90,600
Project Construction Cost
Construction (Estimated) $1,200,000
City Staff (Estimated) $20,000
Construction Management - (Estimated) $40,000
Construction Contingency - (Estimated) $40,000
Total Construction Cost (Estimated) $1,300,000
Summary
Project Funding $2,520,000
Project Design Cost $90,600
Budget Remaining for Construction: $2,429,400
Project Construction Cost $1,300,000
Project Budget Remaining: - Surplus / (Deficit) $1,129,400 Visalia City Council Printed on 12/9/2025Page 4 of 5
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File #: 25-0547 Agenda Date: 12/15/2025 Agenda #: 7.

Project Funding (CP0527)
Measure R Local (131 Fund) $600,000
Animal Control (406 Fund) $175,000
Airport (411 Fund) $175,000
Waste Water Treatment Plant (431 Fund) $530,000
Transportation (281 Fund) *Appropriation Request $1,040,000 Total Project Funding: $2,520,000
Project Design Cost
Project Management - (Estimated) $20,000
Consultant Design Services $70,600
Total Design Cost (Estimated) $90,600
Project Construction Cost
Construction (Estimated) $1,200,000
City Staff (Estimated) $20,000
Construction Management - (Estimated) $40,000
Construction Contingency - (Estimated) $40,000
Total Construction Cost (Estimated) $1,300,000
Summary
Project Funding $2,520,000
Project Design Cost $90,600
Budget Remaining for Construction: $2,429,400
Project Construction Cost $1,300,000
Project Budget Remaining: - Surplus / (Deficit) $1,129,400 The remaining funding for all these projects will be reevaluated by staff when the actual construction costs have been received.

Prior Council Action:

February 5, 2024. City Council authorized the submission of Congestion Mitigation and Air Quality (CMAQ) program funding applications to the Tulare County Association of Governments (TCAG) for multiple proposed capital improvement projects.

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

I move to authorize the City Manager to enter into a contract with Kimley-Horn & Associates Inc. for the design of the signal interconnect project along various corridors in the amount of $488,430, and accept $5,956,000 of CMAQ funds awarded for Traffic signal interconnect projects at various locations and the appropriation of an additional $2,716,000 from Fund 281 State Transportation to the projects identified in this report.

Environmental Assessment Status: The environmental assessment will be completed during the design process.

CEQA Review: These projects will be requesting a Categorical Exemption through the CEQA review process since all the work will be within the existing public right of way.

Deadline for Action: 12/15/2025
Attachments:

1. Project Location Map.

2. Kimley-Horn Ownership Disclosure Form

3. Scope of Work
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City of Visalia
Signal Interconnect Improvements Along Various Corridors Within the City of Visalia Sr. Engineer IV PIC Sr. Engineer II Engineer III Engineer II Analyst III Accounting Admin Support Hourly Rate $300.00 $370.00 $250.00 $195.00 $175.00 $155.00 $140.00 $120.00 Total Hours Labor Cost Task 1 Project Management/Meetings 53 10 0 0 36 0 10 6 115 $28,020 Project Kick-off Meeting 2 2 4 8 $2,040
Project Management/Monthly Updates 40 6 18 10 4 78 $19,250 Preliminary Design/30% Design Review 4 1 4 2 11 $2,510
50% Design Review 4 1 4 9 $2,270
90% Design Review 2 4 6 $1,300
100% Design Review 1 2 3 $650
Task 2 Topographic Survey/Base Mapping 2 0 4 31 156 231 0 2 426 $70,990 Field Data Gathering 2 9 59 59 129 $21,825
Topographic Survey (coordination) 4 9 12 25 $4,215
Base Mapping 4 18 88 160 2 272 $44,950
Task 3 Signal Interconnect Improvement Plans/PS&E 18 0 26 129 378 606 0 17 1174 $199,175 12 0 16 88 261 414 0 8 799 $135,565
Utility Research, Gathering and Coordination 1 9 27 32 2 71 $11,980 Preliminary Design (30% Design) 1 2 18 36 63 120 $20,375 50% PS&E 2 2 18 63 100 2 187 $31,375
90% PS&E 4 6 18 72 120 2 222 $37,650
100% PS&E 2 4 16 45 63 1 131 $22,480
Final PS&E 2 2 9 18 36 1 68 $11,705
3 0 7 27 60 102 0 5 204 $34,825
Utility Research, Gathering and Coordination 4 6 9 2 21 $3,465 Preliminary Design (30% Design) 2 4 9 18 1 34 $5,765
50% PS&E 1 2 6 12 27 1 49 $8,375
90% PS&E 1 2 9 18 27 1 58 $10,010
100% PS&E 1 1 4 9 12 27 $4,765
Final PS&E 6 9 15 $2,445
3 0 3 14 57 90 0 4 171 $28,785
Utility Research, Gathering and Coordination 4 6 9 1 20 $3,345 Preliminary Design (30% Design) 1 4 9 9 1 24 $4,120
50% PS&E 1 1 2 9 24 1 38 $6,355
90% PS&E 1 2 18 27 1 49 $8,145
100% PS&E 1 1 2 9 12 25 $4,375
Final PS&E 6 9 15 $2,445
Task 4 Project Specifications and Cost Estimate 1 0 2 13 72 45 0 1 134 $23,030 Project Specifications 1 4 36 27 1 69 $11,635
Estimate 1 1 9 36 18 65 $11,395
Task 8 Construction Support 6 0 0 15 62 64 0 1 148 $25,615 Bid Support Services 4 12 4 20 $3,500
Construction Support Services 4 9 32 24 1 70 $12,395
As Built Plans 2 2 18 36 58 $9,720
80 10 32 188 704 946 10 27 1997
Subtotal Labor $24,000 $3,700 $8,000 $36,660 $123,200 $146,630 $1,400 $3,240 $346,830 % of Project Effort 6.9% 1.1% 2.3% 10.6% 35.5% 42.3% 0.4% 0.9% 100.0% Travel and Expenses $1,000.00
Topographic Survey $112,500.00
Potholing (assumes up to 4 potholes) $28,100.00
TOTAL COST $488,430.00
Other Direct Costs
Kimley-Horn and Associates, Inc.

TOTAL HOURS
Project A
Project B
Project C
11/18/2025
264
ID Task Name Duration Start Finish
1 Task 1 - Project Management 62 days Mon 1/5/26 Tue 3/31/26 2 Design Contract Begins (NTP) 0 days Mon 1/5/26 Mon 1/5/26 3 Project Kick-off Meeting 0 days Tue 1/6/26 Tue 1/6/26 4 30% Design Meeting 0 days Fri 1/23/26 Fri 1/23/26
5 50% Design Review Meeting 0 days Fri 2/13/26 Fri 2/13/26 6 90% Design Rview Meeting 0 days Tue 3/10/26 Tue 3/10/26 7 100% Design Review Meeting 0 days Tue 3/31/26 Tue 3/31/26 8 Task 2 - Topographic Survey & Base Mapping 15 days Wed 1/7/26 Tue 1/27/26 9 Field Data Gathering 5 days Wed 1/7/26 Tue 1/13/26
10 Utility Research 15 days Wed 1/7/26 Tue 1/27/26
11 Topographic Surveys 15 days Wed 1/7/26 Tue 1/27/26
12 Task 3+4 - PS&E Documents 60 days Wed 1/14/26 Tue 4/7/26 13 Preiminary Design / 30% Design 8 days Wed 1/14/26 Fri 1/23/26 14 City Review 5 days Mon 1/26/26 Fri 1/30/26
15 50% Design 10 days Mon 2/2/26 Fri 2/13/26
16 City Review 5 days Mon 2/16/26 Fri 2/20/26
17 90% Design 12 days Mon 2/23/26 Tue 3/10/26
18 City Review 10 days Wed 3/11/26 Tue 3/24/26
19 100% Design 5 days Wed 3/25/26 Tue 3/31/26
20 City Review 5 days Wed 4/1/26 Tue 4/7/26
21 Final Bid Ready Documents 0 days Tue 4/7/26 Tue 4/7/26 22 Task 5 - Preliminary Potholing 10 days Mon 2/16/26 Fri 2/27/26 23 Potholing (if required) 10 days Mon 2/16/26 Fri 2/27/26 24 Task 8 - Bidding and Construction Support 168 days Wed 5/6/26 Fri 12/25/26 25 Project Avertisement 25 days Wed 5/6/26 Tue 6/9/26
26 Project Award 3 days Wed 7/8/26 Fri 7/10/26
27 Construction (assumed) 90 days Mon 8/24/26 Fri 12/25/26 28 As Builts 10 days Mon 12/14/26 Fri 12/25/26
Design Contract Begins (NTP)
Project Kick-off Meeting
30% Design Meeting
50% Design Review Meeting
90% Design Rview Meeting
100% Design Review Meeting
Jan '26 Feb '26 Mar '26 Apr '26 May '26 Jun '26 Jul '26 Aug '26 Sep '26 Oct '26 Nov '26 Dec '26 Jan '27 Feb '27 City of Visalia
Signal Interconnect Improvements Along Various Corridors Updated: 11/18/2025
265

Professional Design Services for the Design of Signal Interconnect Improvements along Various Corridors Page 1 of 24 Scope of Work for Professional Design Services of
Signal Interconnect Improvements along Various Corridors within the City of Visalia

I.

INTRODUCTION

A. Purpose and Objective

The purpose of this scope of work is to obtain the technical plans, specifications, and construction cost estimates for the installation of Fiber Optic Cable Interconnect Improvements along various corridors within the City of Visalia.

The objective is to provide updated communication and traffic monitoring equipment at existing signalized intersections to allow for coordination and periodic adjustment of the traffic signal timing in response to changes in traffic patterns. This coordination and periodic adjustments will assist with improving traffic flow efficiencies and vehicle emissions reduction.

B. Background Information

Various roadway corridors were evaluated for improvements to expand and improve the traffic signal interconnect network. The projects consist of seven (7) corridors of signal interconnect communication improvements as listed below and shown in Exhibit A.

Project A:

1. Caldwell Avenue Signal Interconnect between Santa Fe Street and Lovers Lane

2. Akers Street Signal Interconnect between Walnut Avenue and Goshen Avenue

3. Plaza Drive Signal Interconnect between Crowley Avenue and Riggin Avenue

4. Demaree Street Signal Interconnect between Mill Creek Dr. and Ferguson Ave

5. Riggin Avenue Signal Interconnect between Akers Street and Giddings Street

Project B:

1. Caldwell Avenue Signal Interconnect between Akers Street and County Center Dr.

Project C:

1. Walnut Avenue Signal Interconnect between Akers Street and Plaza Drive

Each corridor will have the installation of conduit, pullboxes, fiber optic cable, splicing equipment, and communication equipment. There are segments of roadways utilizing existing conduits to complete portions of the Intelligent Transportation System network by the installation of fiber optic cable and related communication equipment.

The signal interconnect improvements in Caldwell Avenue between Akers Street and County Center will utilize existing signal interconnect conduits installed with a recent road improvement project. Most of the design will be the installation of the fiber optic cable, development of details for connecting to the existing fiber optic cable, fiber optic splicing details, and miscellaneous construction details. This segment will connect four (4) additional signalized intersections.

The signal interconnect improvements in Caldwell Avenue between Santa Fe Street and Lovers Lane will be utilizing the conduit to be installed with the roadway improvement project currently under construction. The design effort will be for the installation of the fiber optic cable, development of details for connecting to the existing fiber optic cable, fiber optic splicing details, and miscellaneous construction details. This segment will connect four (4) additional signalized intersections.

The segment of Akers Street from Walnut Avenue to Goshen Avenue will utilize existing signal interconnect conduit, installation of new signal interconnect conduit, the installation of the fiber optic cable, development of details for connecting to the existing fiber optic cable, fiber optic splicing details, and miscellaneous construction details. This segment will not connect any additional signalized intersections with this project, but it is to connect to existing City owned fiber optic cable at each end of the project and provide for a future traffic signal at the intersection of Shirk Street and Walnut Avenue.
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The segment of Plaza Drive from Crowley Avenue to Riggin Avenue will require the installation of new signal interconnect conduit for the entire length. The intent is to utilize the existing conduit crossing under the existing railroad tracks at the northwest corner of Goshen Avenue at Plaza Drive for the fiber optic conduit. The design effort will be for the installation of the fiber optic cable, development of details for connecting to the existing fiber optic cable, fiber optic splicing details, and miscellaneous construction details. This segment will connect five (5) signalized intersections.

The segment of Demaree Street from Mill Creek Drive to Riggin Avenue will utilize the existing signal interconnect installed with previous roadway improvement projects and the installation of new signal interconnect conduit. A conduit was installed under the existing railroad tracks when the intersection of Demaree Street and Goshen Avenue intersection was improved in 2019. The design effort will be for the installation of conduit, fiber optic cable, development of details for connecting to the existing fiber optic cable, fiber optic splicing details, and miscellaneous construction details. This segment will connect five (5) signalized intersections.

This segment of Riggin Avenue from Akers Street to Giddings Street will utilize existing conduit installed with previous roadway improvement projects and the installation of new conduit between Demaree Street and Riggin Avenue. The design effort will be for the installation of conduit, fiber optic cable, development of details for connecting to the existing fiber optic cable, fiber optic splicing details, and miscellaneous construction details.

This segment will connect four (4) signalized intersections.

The design for this project is funded through the Local Measure R Regional fund and construction is funded by a Congestion and Mitigation Air Quality (CMAQ) Improvement Program grant.

The list of qualified consulting firms may be used for some federal and state funded projects. At the City’s discretion, selected pre-qualified consultants may be invited to submit a project-specific proposal to be reviewed and awarded by the City. Selection for these federal and state projects may be based on aspects such as a consultant’s ability to meet the schedule, and to provide documentation of any federal or state requirements such as participation in a Disadvantaged Business Enterprise (DBE).

C. Timeline for Selection Process

The following is a tentative summary of the selection process timeline:

Design Fee Proposal ....................................................................................................... November 17, 2025 Negotiate Fees ................................................................................................................ November 21, 2025 Award of Contract ............................................................................................................ December 15, 2025 Design Contract Begins ......................................................................................................... January 5, 2026 Complete Design Contract .......................................................................................................... April 1, 2026

These projects have the majority of the construction funding provided by Congestion Mitigation and Air Quality (CMAQ) grants. Therefore, the completion of design is based on the April 1, 2026, date to submit the E-76 for construction funding the Caltrans District 6, Local Assistance for the grant construction funding.

II.

SCOPE OF SERVICES

A. Required Services

The Consultant shall provide the City with a complete set of construction plans, technical provisions, and construction cost estimates for the installation of Fiber Optic Cable Interconnect Improvements various corridors within the City of Visalia as listed below.

Project A:

1. Caldwell Avenue Signal Interconnect between Santa Fe Street and Lovers Lane

2. Akers Street Signal Interconnect between Walnut Avenue and Goshen Avenue

3. Plaza Drive Signal Interconnect between Crowley Avenue and Riggin Avenue

4. Demaree Street Signal Interconnect between Mill Creek Dr and Ferguson Ave

5. Riggin Avenue Signal Interconnect between Akers Street and Giddings Street

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Professional Design Services for the Design of Signal Interconnect Improvements along Various Corridors Page 3 of 24 Project B:

1. Caldwell Avenue Signal Interconnect between Akers Street and County Center Dr.

Project C:

1. Walnut Avenue Signal Interconnect between Akers Street and Plaza Drive

B. Services of the Consultant

The Consultant shall provide the City of Visalia with professional design services for the project plans, specifications, and cost estimate for the installation fiber optic cable interconnect improvements along various corridors within the City of Visalia (two within Caldwell Avenue, Akers Street, Walnut Avenue, Plaza Drive, Demaree Street, and Riggin Avenue) and in accordance with the terms, conditions, and specifications as defined in the terms of this contract. The design portion of this project is locally funded and is subject to state prevailing wage rates. Construction is federally funded.

The Consultant proposal shall include all necessary tasks to provide the City with the above stated “required services". The consultant shall provide a fixed fee for the project for all the tasks listed below and any additional tasks the consultant determines as necessary to complete the project. The fixed fee shall include all hard copy prints, meetings, and travel expenses that are expected to be submitted with the City. The consultant shall specify the number of meetings provided under the fee and the task(s) they are expecting the City to complete. Included with the fee schedule, the consultant shall provide a detailed spreadsheet (labeled as ‘Fee and Effort Table’) that articulates how the fixed fee was determined. The table shall have the identified tasks and subtasks determined by the proposer on the left of the table. Across the top of the table shall be all the proposed consultant team names (including sub consultants) with their respective title and fee. Within the table, the proposer shall identify the associated hours for each of the team members with each of the respective tasks. Each of the tasks shall have a sum of hours to the far right of the table. Across the bottom of the table, the proposer shall provide the total hours for each of the team members, their total cost to the project, and their percentage of the project’s effort. The proposer is encouraged to put enough time and thought into the Fee and Effort Table to expedite the review if the proposer is to be selected as the most qualified. See the section entitled “City Responsibilities” for all items and services to be performed by the City of Visalia. If the consultant feels that additional items shall be required to complete this process, those additional items shall be shown within the proposal.

Task 1 – Meetings
The Consultant shall schedule, facilitate, coordinate, and attend all identified project meetings with the City’s representatives to be held at the City of Visalia offices, by teleconference, or at the project site, if needed.

The Consultant shall be responsible for developing meeting agendas and keeping meeting minutes for all meetings. Meeting agendas and minutes shall be submitted to the City of Visalia within 2 business days before and after a meeting is held. Consultant shall be responsible for timely response to City Staff questions/correspondence within 2 working days of request from the City. Consultant is to clearly describe the number of meetings anticipated for a project of this type. The following meeting is the minimum required for this project and the consultant can propose more meetings if the consultant desires. The number of meetings shall be reflected in the fixed fee for each task.

Project Meetings: The following meetings, at a minimum, shall be included in the base services to be provided by the Consultant.

A. Project Kick-Off Meeting (one meeting): Upon receiving Notice to Proceed, the Consultant is expected to review all base data provided by the City and prepare for the kick-off meeting with the City. This meeting shall occur within two (2) weeks of issuance of the Notice to Proceed. This meeting shall be used to assure complete understanding of the scope of project and to review the project and relevant milestones.

The Consultant shall be prepared to discuss the following topics.

1. Review and discuss the scope of work (tasks, deliverables, meetings, etc.)

2. Review and discuss the schedule (updates, critical path items, subconsultant work, etc.)

3. Review and clarify City/Consultant responsibilities

4. Discuss data requests and delivery methods

5. Visit the project site and assess existing conditions

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Professional Design Services for the Design of Signal Interconnect Improvements along Various Corridors Page 4 of 24 B. Preliminary Design/30% Design (one meeting): The Consultant shall prepare a preliminary design to identify any potential conflicts or issues that could cause delays in the design and construction process.

The preliminary design shall identify the following items.

1. Depict the design approach to delivering the construction plans,

2. Identify equipment to be used,

3. Identify any potential conflicts with utilities and existing features,.

4. Depict the existing and proposed signal interconnect layout.

C. Plan check comments review meeting(s): The Consultant shall meet with the City to review the plan check comments after each submittal. The Consultant will be responsible for scheduling the appropriate update meetings, developing a meeting agenda, and keeping the meeting minute summaries for all meetings.

Meeting agendas and minutes shall be submitted to the City of Visalia within 2 business days of when the meeting is held. Consultant will be responsible for timely response to City Staff questions/correspondence within 2 working days of request from the City. Consultant is to clearly describe the number of meetings anticipated for a project of this type.

Task 2 – Topographic Survey
For the new installation of interconnect conduit and fiber optic cable along any of the corridors identified, the consultant will provide a topographic map of the project limits identifying existing curb, gutter, sidewalk, driveway locations, pavement crowns, visible utility infrastructure, and locations and depths of sewer and storm drain lines and manholes. The consultant will need to obtain maps for all utilities and also obtain city and/or county records for any sewer and storm drain within the project limits and incorporate that information into the plans. The Topographic Survey shall be faded in the background of the construction drawings.

For the segments of new fiber optic cable to be installed within existing interconnect conduits along any of the identified corridors, the City of Visalia will provide base maps (consisting of approximate right of way, centerlines, and property lines) of the overall project areas along with current aerial imagery. The consultant may use this base map to create complete base map that will serve as a background to the improvement plans. The consultant shall include a complete base map to serve as the background to the improvement plans, a complete base map will include edge of pavement, curb and gutter, sidewalk (if any is present), curb ramps (if any are present), striping, traffic signals, traffic signal equipment (if any is present), and approximate location of existing interconnect conduit and interconnect conduit pull boxes. In order to provide a complete base map, the consultant may use any methods as seen fit by the consultant to include but not limited to records, aerials, and site investigations, in addition to the provided City of Visalia base map.

Task 3 –Signal Interconnect Improvement Plans
The consultant shall include all items necessary to complete the civil engineering design plans for the project(s) as needed. All the design shall be in compliance with the City of Visalia Standard Plans and Specifications, current ADA Standards, Complete Street Policy, California Manual on Uniform Traffic Control Devices, and applicable Caltrans Standards due to federal funding of this project. All CADD drawings shall be in accordance with the City of Visalia standards as shown on the City’s website at http://www.visalia.gov.

The various corridors will be grouped into three (3) individual projects as listed below.

Project A:

1. Caldwell Avenue Signal Interconnect between Santa Fe Street and Lovers Lane

2. Akers Street Signal Interconnect between Walnut Avenue and Goshen Avenue

3. Plaza Drive between Crowley Avenue and Riggin Avenue

4. Demaree Street Signal Interconnect between Mill Creek Dr and Ferguson Ave

5. Riggin Avenue Signal Interconnect between Akers Street and Giddings Street

Project B:

1. Caldwell Avenue Signal Interconnect between Akers Street and County Center Dr.

Project C:

1. Walnut Avenue Signal Interconnect between Akers Street and Plaza Drive

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Professional Design Services for the Design of Signal Interconnect Improvements along Various Corridors Page 5 of 24 A. General: The consultant shall provide signal interconnect improvement plans to improve the intersections and implement signal interconnectivity for the three (3) projects. The signal interconnect improvement plans may include, but are not limited to:

1. Cover Sheet – Shall include general notes, legend, abbreviations, project title, project benchmark used, sheet index, overall project map with sheet limits shown, vicinity map, utility company contacts, and other items as determined necessary by the City.

2. Signal Interconnect Improvement Plans and Demolition Plans (as necessary) - These drawings shall show all proposed improvements (Plan scale will most likely be 1”=40’ horizontal and 1”=2’ vertical. Some areas may require larger scales to show the appropriate amount of detail required for construction, scales to be determined by consultant and approved by City). Each drawing shall show the plan view of the proposed improvements. The existing base map information shall be faded in the background of the plans and shall be readable when the plans are reduced to 50%. Civil Plan and Profile Drawings shall include, but not be limited to the following items:
a. Plan and profile of the directional boring under the existing railroad tracks if necessary (necessary for railroad right of entry permitting).
b. Boring/pothole log locations shall be shown on the plans (if applicable). c. Removal and replacement information for all effected improvements. d. Locations of utilities that are being relocated (as necessary). e. Depict the location of all existing utilities (as identified through completion of base map). f. Hatching patterns shall properly define construction. g. Dimensions where necessary.
h. Construction Keynotes to direct construction Activities. i. All sheet match lines shall have sheet references listed. j. Fiber routing assignment layout along with fiber optic splicing details.

3. Details Sheets (including equipment details, other details, and City Standard Details). – These sheets shall include details needed for all the proposed work and is not limited to details for trenches, pull boxes, equipment installation, directional boring, and any other details deemed necessary to adequately direct construction activities. All details referenced on the plans shall be included on the detail sheets.

All plans will be on City of Visalia title block. All plans shall be prepared in sufficient detail to provide the necessary guidance for construction as determined by the City Engineer.

B. The Consultant will be responsible for acquiring all record utility maps within the project limits and show existing utilities on the plans. The base map shall call out the size and type of pipe for all water, gas, sewer, and storm drain lines vaults and underground structures shown on utility plats.

Task 4 – Project Specifications and Cost Estimate
The Consultant shall prepare the following portions of the construction specifications for all the items listed in the bid schedule and the cost estimate for each project. The City will provide the Consultant with the City’s Construction Standard Specifications template in which the Consultant shall complete the following sections to correspond with the construction plans.

1. Bid Item Schedule in Excel format for the project with calculations. Each corridor shall be itemized individually.

2. Bid Item Description including the measurement and payment for each bid item for the project.

3. The Special Provisions for the project.

The City will finalize the remainder of the Construction Specifications to conform to the project construction plans.

Construction Specifications shall be formatted in accordance with the City Standard Specifications. The City will provide the consultant with an electronic copy of the MS Word document.

The consultant shall provide the city with a detailed cost estimate and bid item schedule for the work included in this project.

Task 5 – Preliminary Potholing
The Consultant may be required to perform or hire a subcontractor to perform potholing during the preliminary design stage of the project to identify and mitigate potential conflicts. The potholing shall be for the span of 270

Professional Design Services for the Design of Signal Interconnect Improvements along Various Corridors Page 6 of 24 new interconnect conduits and the connection to existing conduits. This task may include but not be limited to the following:

1. Obtain an encroachment permit from the City and provide traffic control plans. Traffic control plan must be IMSA or ATSSA certified or approved by a licensed civil engineer.

2. Mark locations for required USA utility clearance. Coordinate with all other impacted utility agencies to locate their facilities.

3. Provide traffic control in accordance with the Consultant’s traffic control plan.

4. Provide potholing to identify location, depth, type, and number of affected utilities.

5. The Consultant will be responsible for showing this information on the finished civil plans.

6. After potholing is complete, the consultant will be responsible for surveying USA markings to verify utility locations shown on the plans.

7. Backfill borings with aggregate base or sand cement slurry followed by 7” High Strength Fast Setting Concrete Mix (2,500 psi minimum) in accordance with the City of Visalia standard details.

8. The impacts to underground utilities will be determined and project plans will be sent to the utility companies identifying any relocation required. Consultant shall coordinate with affected agencies well in advance to facilitate relocation prior to the construction of the project.

9. Consultant will coordinate with the affected utility companies to provide relocation plans and permits/agreements. Relocation data received from the utility companies will be shown on the utility plans prepared by the consultant.

Consultant will prepare letters to the affected utility owners. Each utility will be identified, and a utility base file will be prepared. An exhibit shall be prepared to show the approved alignment and the proposed locations for the relocated facilities. Record data and follow up meetings with the utility companies to determine the party responsible for the cost of the relocation and who will perform the work

Task 6 – Deliverables
The Consultant may not move onto the next phase of design without the approval from the City of the previous submittal.

Description
Preliminary
Design / 30%
Submittal
50%
Submittal
90%
Submittal
100%
Submittal
Final
Plans
Full Size Plans (24”x36”) 0 sets 0 sets 0 sets 0 sets 6 sets Project Specifications 0 sets 0 sets 0 sets 0 sets 2 set Project Cost Estimate 0 sets 0 sets 0 sets 0 sets 1 set Electronic files of PS&E (PDF, MS
Word, Excel, ACAD Civil 3D in the
most current format.)
1 copy 1 copy 1 copy 1 copy 1 copy
Return of City’s Red-Line comments
of previous submittal (Plans,
Specifications & Estimate)
1 set 1 set 1 set 1 set

For the Preliminary Design/30%, 50%, 90%, and 100% submittals, the Plans, Specifications, Estimates, and As Built Plans shall be received electronically. For the Final Plans, hard copies will be required.

The consultant may propose the combining of submittals in an effort to meet a project schedule or as a cost saving measure depending on the complexity of a project.

Task 7 – Project Schedule
The Consultant shall track and update the project schedule monthly or as needed during the course of work to reflect any necessary changes.

Deliverables:

The Consultant shall provide updates to the project schedule monthly during the course of work or as needed.

The project schedule shall be submitted in hard copy and electronically in PDF format.

Task 8 – Construction Support
The Consultant shall provide construction for the three projects during the bidding and construction phases.

The Consultant shall provide the following services.
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1. Bidding support. This is to address any questions during the bidding process, generating addendum to the bidding documents, and other technical support relating to the projects.

2. Review of submittals from the contractor and verify the submitted material meets the Build America, Buy America Act (BABAA) and complies with the Local Assistance Procedures Manual (LAPM), Chapter 12 requirements. BABAA requires iron, steel, manufactured products, and construction material used in federally funded infrastructure projects must be produced in the United States.

3. Provide response(s) to Request for Information (RFI) submitted by the contractor during the construction phase and additional design support associated with any the submitted RFI’s.

C. City Responsibilities

1. Compensate the consultant as provided in the contract agreement.

2. Provide a "City Representative", who shall represent the City and work with the consultant in carrying out the provisions of the RFP. The Consultant shall communicate with the City representative who shall provide the following services:
a. Examine documents submitted to the City by the Consultant and render timely decisions pertaining thereto
b. Give reasonably prompt consideration to all matters submitted by the Consultant for approval to the end that there shall be no substantial delays in the Consultant's program of work c. Process invoices submitted by consultant
d. Provide Consultant with background information, maps, and other documentation necessary for completion of Consultant’s work
e. Provide Consultant with pertinent GIS data to serve as a base for the Consultant’s work f. Act as coordinator between consultant and other City representatives

3. The City of Visalia will provide GIS information (consisting of approximate right of way, centerlines, and property lines) of the overall project areas along with current aerial. The consultant may use this GIS information to create complete base map that will serve as a background to the improvement plans. The consultant shall include a complete base map to serve as the background to the improvement plans, a complete base map will include edge of pavement, curb and gutter, sidewalk (if any is present), curb ramps (if any are present), striping, traffic signals, traffic signal equipment (if any is present), and approximate location of existing interconnect conduit and interconnect conduit pull boxes. The consultant will need to obtain maps for all utilities and also obtain city and/or county records for any sewer and storm drain within the project limits and incorporate that information into the plans. The base map shall be faded in the background of the construction drawings.

The Consultant will be responsible for acquiring all record utility maps within the project limits and show existing utilities on the plans. The base map shall call out the size and type of pipe for all water, gas, sewer, and storm drain lines vaults and underground structures shown on utility plats.

D. Billing

The consulting firm may bill the City once every thirty (30) days for each project. Once approved by the City’s Project Manager, invoices shall be processed by the City within thirty (30) days. Each invoice shall include the City’s Contract Number issued by the Purchasing Division, the time period associated with each billing, the Project Name and CIP Project Number shown on the plans and /or specifications, and shall show the sum in dollar amounts noted in the City’s contract. Failure to use the fee schedule contained in the contract will cause the invoice to be rejected by the Project Manager. All invoices shall be sent to the Project Manager. Invoices submitted directly to the City’s Finance Department will be denied as all invoices require the prior approval of the City’s Project Manager.

The City may request the consultant to provide the topographic survey and the consultant will need to submit a separate fixed fee proposal for the additional surveying services.

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Exhibit A – Project Location Map

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Complete and Submit with Proposal

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

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

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

Company Seal:

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

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

Signature __________________________________ (Seal)

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Complete and Submit with Proposal

WORKERS’ COMPENSATION INSURANCE CERTIFICATE

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

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

Company: _____________________________________________

Business Address: _____________________________________________

Signature: _____________________________________________

Name of Signing Official: _____________________________________________

Title of Signing Official: _____________________________________________

Date: _____________________________________________

Company Seal:

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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE

Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 28925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the contractor agrees as follows:

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

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

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

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

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

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

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

Certification on Non-Segregated Facilities
The contractor hereby certifies that it does not or will not maintain segregated facilities or permit its employees to work at locations where facilities are segregated on the basis of race, color, religion, gender, national origin or political affiliation.

_____________________________________________ ___________________________________ ________ Name of Firm Authorized Signature Date

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CITY OF VISALIA
Ownership Disclosure for Contractors and
Consultants
To Accompany Proposal

NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

Firm Name:

Firm Address:

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

Submitted by: Name: ____________________________________ Date: ____________________________________

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Complete and Submit with Proposal

STATE OF CALIFORNIA

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

CERTIFICATION

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

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY (Authorized Signature)

DATE EXECUTED

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

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

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

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

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

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

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

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

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

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Complete and Submit with Proposal

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

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

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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SAMPLE CONTRACT

PROFESSIONAL SERVICES AGREEMENT
FOR

On-Call Professional Services for the Design of
Signal Interconnect Improvements along Various Corridors Within the City of Visalia

This Agreement, entered into this ________ day of ________________, 2025, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H

WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and

WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” in Scope of Work for Professional Design Services for Signal Interconnect Improvements along Various Corridors which along with the response submitted by CONSULTANT is attached as Exhibit “A”, and hereinafter referred to as the “PROJECT”; and

WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT

A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Work, which shall be the Scope of Work for the project as described in Scope of Work for Professional Design Services for Signal Interconnect Improvements along Various Corridors unless the parties agree in writing to modify the Scope of Work as stated in the RFQ, for the cost identified in Exhibit “B” - Project Fee.

B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit “A” may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “C” – Consultant Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.

II. TIME OF PERFORMANCE

The CONSULTANT shall commence performance of this Agreement within ten (10) days of the effective date on the Consultant’s written Notice to Proceed and shall complete the work within the timeframes outlined in the Exhibits, unless otherwise extended in writing by CITY, in its sole discretion.

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CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.

III. COMPENSATION

A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, on a Time & Materials Not-To-Exceed-Fee based on the rates identified in Exhibit “C”, the negotiated compensations developed for each CIP, prior to the start of the assigned work. Said agreed-to negotiated compensation shall be amended to this Contract for the individual CIP. This amount shall constitute complete compensation, including document production and out-of-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”. CONSULTANT agrees these amounts, as authorized, will constitute complete compensation, including document production and out-of-pocket expenses, for services authorized by CITY for the PROJECT per the Scope of Work, Project Fees, and Schedule identified in Exhibit “A”, “B”, and “C”, respectively. No other compensation is authorized by this Agreement without separate written amendment.

B. Payment of Compensation: The CONSULTANT shall be compensated no more than monthly, based on percentage of work of each noted phase completed to date. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.

IV. AUTHORIZED REPRESENTATIVE

A. CITY: The _____________________ shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.

B. CONSULTANT: ______________ shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.

V. TERMINATION

The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

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1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms and does not correct such failure within a period of fifteen (15) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub-consultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the sub-consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre- termination activities.

VI. INTEREST OF OFFICIALS AND THE CONSULTANT

A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

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1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

VII. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, PUBLIC WORKS

CONTRACTOR REGISTRATION PROGRAM AND PROJECT LABOR AGREEMENTS

Notice is hereby given that this is a Public Works Project. All contractors and subcontractors bidding and performing work on Public Works Projects (including Consultants and Sub-Consultants who employ or subcontract workers to perform any trade that has a prevailing wage designation such as surveyor) must:

A. Register on an annual basis with the California Department of Industrial Relations (DIR) B. Furnish electronic payroll records for new projects to the Labor Commissioner.

All contractors and consultants are to be registered at time of bid/proposal submittal and remain registered with the California Department of Industrial Relations (DIR) throughout the duration of this Agreement.

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

VIII. CITY OF VISALIA LABOR COMPLIANCE MANUAL

Consultant shall comply with the City of Visalia Labor Compliance Manual which is attached to this Agreement as Exhibit “D” and available at visaliapurchasing.org.

IX. NO PERSONNEL, AGENCY, OR COMMISSION

The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

X. SUBCONTRACTING

A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY. 283

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B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.

XI. INDEPENDENT CONTRACTOR

In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

XII. SPECIFICATIONS

All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XIII. DOCUMENTS/DATA

A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.

Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes. Should CONSULTANT place a copyright notice on documents it must state, “City of Visalia holds a nonexclusive and irrevocable license to 284

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XIV. INDEMNIFICATION AND INSURANCE

As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, and employees from and against any and all claims, demands, losses, reasonable defense costs, or liability, whether actual, alleged, or threatened, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.

A. CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all losses, defense costs, or liability to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

B. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

C. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the CITY nor the CONSULTANT, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any remote or speculative breach of contract damages that the breaching party could not have reasonably foreseen when entering into this Agreement.

To the extent this Agreement is considered a “Construction Contract” as defined by California Civil Code section 2783, CONSULTANT’s duty to indemnify CITY under this or any other provision of the Agreement shall not apply when to do so would be prohibited by California Civil Code section 2782.

D. Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:

1. Workers’ compensation insurance as required by California statues.

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

3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

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

E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

F. CONSULTANT agrees to provide thirty (30) days written notice of any policy cancellation, limitation in scope or coverage, or non-renewal. Such notice shall be provided to the, City of Visalia, 707 W. Acequia, Visalia, CA 93291.

In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:

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

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

G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

H. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.

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XV. NON-DISCRIMINATION

CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

XVI. MISCELLANEOUS PROVISIONS

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

B. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.

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

D. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

E. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

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

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
Kimley-Horn & Associates, Inc.
1300 Clay Street, Suite 325
Oakland, CA 94612
Attention: Kevin Aguigui

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

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

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

K. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

L. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

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

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CITY OF VISALIA CONSULTANT

City Manager

Print Name of Consultant
Approved as to Form

City Attorney

Risk Manager

Project Manager

Attachments:

Exhibit “A”: Scope of Work
Exhibit “B”: Project Schedule and Fee as submitted by Consultant Exhibit “C”: Consultant Schedule of Fees
Exhibit “D”: Visalia Labor Compliance Manual (as applicable) 289
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0551 Agenda Date: 12/15/2025 Agenda #: 8.

Agenda Item Wording:

Truli Building Memorandum of Understanding with the Putignano Sister City Committee - Authorize City Manager to execute a five-year memorandum of understanding with the Putignano Sister City Committee for the use, projects and assigned maintenance of the Truli Building located at Memorial Park.

Prepared by: Jason Glick, Parks and Recreation Director, (559) 713-4042, [email protected] Department Recommendation: It is recommended that the City Council authorize the City Manager to execute a five-year Memorandum of Understanding (MOU) with the Putignano Sister City Committee (PSCC) and the City of Visalia for the use, projects and assigned maintenance of the Truli Building as outlined in the MOU.

Summary:

The Putignano Sister City Committee (PSCC) have had access to the Truli building dating back to April 7, 1986. However, there was no formal agreement originally established between the City of Visalia and the Putignano Sister City Committee. Instead, the arrangement for access and maintenance was based on a handshake understanding: the City would maintain the exterior of the Trulli Building, including all utilities, while the PSCC would clean the interior and use the venue for special events and meetings.

It is the desire of staff and members of PSCC to formalize the continued partnership, this Memorandum of Understanding (MOU) will formalize the arrangement by clearly documenting the responsibilities of each party. The significant terms of the agreement are as follows:

City Responsibilities:
· The City will clean and maintain the exterior of the premises and any permitted improvements or alterations, including painting, exterior fixtures, and lighting. · Any exterior alterations or improvements by the Committee must be agreed upon in advance and approved in writing by the City Manager.
· The City will cover all utility costs associated with the premises. · The City will conduct major maintenance and repairs, including repair or replacement of HVAC, electrical, plumbing, and other primary building systems. · The City will not be responsible for the rebuilding or repair of the Trulli Building in the event of a catastrophic incident that renders the facility uninhabitable or beyond repair.

PSCC Responsibilities:
· The PSCC will repair any damage to any portion of the premises or any City property located Visalia City Council Printed on 12/12/2025Page 1 of 4
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on or about the premises caused by PSCC activities or invitees. All damaged property must be restored to its previous condition.
· The PSCC will obtain City approval, in writing and in advance, for any interior or exterior alterations or improvements. All permits and applicable state and local laws must be adhered to.
· Required maintenance repairs must be submitted to the City in writing and approved before any work begins.
· The PSCC will clean and maintain the interior of the premises and all permitted interior improvements or alterations, including painting, interior fixtures, and lighting. · The PSCC will host and have volunteers on site, a public event each month to provide cultural education.

Partnership Enhancements
In the spirit of the renewed partnership and in recognition of the community effort that led to the construction of the Trulli Building in 1986, the PSCC will donate $9,400 to the City of Visalia. These funds will support the construction of a bocce ball court at the western edge of Memorial Park, adjacent to the Trulli Building. Additionally, a portion of the funds will be used to install a sign at the entrance of the facility, formally naming the area “Putignano Heritage Piazza.” The PSCC will cover all material costs associated with the bocce ball court and sign, while the City will provide installation and staff will construct the bocce ball court. The bocce ball court will be owned by the City, with the PSCC having access upon request.

Heritage Display and Access
· The PSCC will display a collection of Putignano heritage items-including photographs and artifacts-within the premises.
· The premises will be open to the public on the third Saturday of each month from 10:00 a.m. to 1:00 p.m.
· The premises will not be available for public rentals. · The PSCC may use the premises for meetings and special events with prior written notice to the City.

On December 9, 2025, the Visalia Parks and Recreation Commission recommended to the Visalia City Council to approve the Memorandum of Understanding (MOU) with the Putignano Sister City Committee (PSCC) and the City of Visalia for the use, projects and assigned maintenance of the Truli Building as outlined in the MOU.

Background Discussion: At the start of the twentieth century, twenty-five farming families emigrated from Putignano, Italy, and established new lives in Visalia, California. Over time, these Italian American families formed a close-knit community and created a committee known as the Sons of Italy, dedicated to preserving their heritage and fostering cultural pride.

In September 1979, a delegation from the Visalia Sons of Italy committee traveled to Putignano to Visalia City Council Printed on 12/12/2025Page 2 of 4
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explore their shared roots and strengthen ties between the two communities. The residents of Putignano warmly welcomed the visitors, who spent ten days immersing themselves in the town’s culture and traditions. On the final day of the visit, Mayor Vinella of Putignano expressed interest in forming an official Sister City relationship, recognizing the deep cultural bonds linking the two cities.

The Visalia delegation returned home inspired and eager to turn this idea into reality.

In the spring of 1980, Mayor Pete Peterson and the Visalia City Council embraced the proposal, formally approving the Sister City concept and establishing the Putignano Sister City Committee (PSCC). Composed of Visalia residents, the PSCC devoted itself to promoting cultural exchange and strengthening the growing relationship. News of the Council’s approval was promptly shared with Mayor Vinella and the Putignano City Council.

In November 1980, a delegation from Putignano, including Mayor Vinella and several Council members visited Visalia. During their stay, both City Councils signed an official agreement, formally solidifying the Sister City partnership between Visalia and Putignano.

As the relationship continued to flourish, the PSCC and the City of Visalia collaborated on ways to honor and celebrate this international bond. One of the most meaningful initiatives was the construction of a replica Trulli Building, modeled after the distinctive stone dwellings that many of the original Putignano families once called home. This project was envisioned as a lasting tribute to the shared cultural heritage of the two cities.

Fundraising for the Trulli Building began in 1980, led by the dedicated volunteers of the PSCC. With support from City staff and community members, the committee worked tirelessly for several years to gather the necessary funds and materials. The Trulli Building was ultimately constructed through a partnership between the PSCC and the City of Visalia, reflecting a true spirit of collaboration and community pride.

On April 27, 1986, the Trulli Building was officially dedicated and presented as a gift to the City of Visalia. The ceremony, held at Memorial Park, commemorated a significant milestone in the Sister City relationship and stands today as a symbol of the enduring cultural connection between Visalia and Putignano.

Fiscal Impact: There will not be a fiscal impact as the City has already budgeted for these facility and utility costs into their annual budget.

Prior Council Action: None
Other: N/A
Alternatives: The Council may choose to reject the proposed MOU and provide direction for staff to return at a future meeting with modifications to the document.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute a five-year Memorandum of Understanding (MOU) with the Putignano Sister City Committee (PSCC) and the City of Visalia for the use, projects and assigned maintenance of the Truli Building as outlined in the MOU.

Environmental Assessment Status: N/A
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CEQA Review: N/A
Deadline for Action: 12/15/2025
Attachments: MOU
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MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (the “MOU”) is entered into as of _______________, 2025, by and between PUTIGNANO SISTER CITY COMMITTEE, hereinafter referred to as “PSCC,” and the CITY OF VISALIA, hereinafter referred to as the “City”. PSCC and the City are collectively referred to in this MOU as the “Parties.”

RECITALS

Whereas, at the beginning of the twentieth century, twenty-five farming families from Putignano, Italy, settled in Visalia, California, forming a strong Italian-American community; and

Whereas, over time, they established the Sons of Italy committee to preserve their heritage and cultural pride; and

Whereas, in September 1979, a delegation from this committee visited Putignano to explore their shared roots, and during their ten-day stay, Mayor Vinella of Putignano proposed forming a Sister City relationship to strengthen ties between the two communities; and

Whereas, in 1980, the Visalia City Council, led by Mayor Pete Peterson, officially approved the Sister City concept and established the PSCC to facilitate cultural exchange; and

Whereas, a delegation from Putignano, including Mayor Vinella, visited Visalia to formalize the relationship through an official agreement; and

Whereas, to commemorate this bond, the PSCC and City collaborated on the construction of a replica Trulli Building, a traditional Putignano structure, symbolizing the heritage of the original immigrant families; and
Whereas, fundraising for the Trulli Building began in 1980, with PSCC leading the efforts alongside City staff and volunteers, and after years of dedicated work, the building was completed as a joint effort between the PSCC and the City; and

Whereas, on April 27, 1986, it was officially dedicated at Memorial Par k as a gift to the city, marking a significant milestone in the Sister City relationship and serving as a lasting tribute to the shared cultural heritage of Visalia and Putignano.

Now, Therefore, in consideration for the foregoing, PSCC and City wish to set forth the terms and conditions regarding ongoing and future use, maintenance, and capital improvements related to the Trulli Building at Memorial Park, hereinafter referred to as the “Premises.”

A. Maintenance
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1. City Responsibilities:
a. Clean and m aintain the condition of exterior of the Premises and any permitted improvements or alterations, including but not limited to painting, exterior fixtures , and lighting. Any exterior alterations or improvements must be agreed upon by the City of Visalia in advance and approved by the City Manager in writing.
b. Cover all utility costs associated with the Premises. c. Conduct major maintenance repairs, including repair or replacement of HVAC, electrical, plumbing, and other main systems, in a timely fashion ensuring minimal disruption to PSCC activities.
d. The City will not be held responsible for the rebuilding or repair of the Truli facility in the event of a catastrophic incident that renders the building uninhabitable or beyond repair.

2. PSCC Responsibilities:
a. Repair any damages to any portion of the Premises or any of the City’s property located on or about the Premises caused by PSCC activities or invitees. Any damaged property shall be restored to its previous condition.
b. Obtain City Approval before making any interior or exterior alterations or improvements, in advance in writing.
c. Notification of required maintenance repairs shall be done in writing and approved in advance of any work being conducted on the premises. d. PSCC will clean and maintain the condition of the interior of the Premises and all permitted improvements or alterations, including but not limited to painting interior fixtures, and lighting. PSCC shall be responsible for all minor repairs, including but not limited to the replacement of plumbing fixtures, sinks, and batteries in thermostats.

Any interior alterations or improvements must be agreed upon by the City of Visalia in advance and approved by the City Manager in writing, and all permits and state and local laws must be adhered to.

B. Capital Projects

PCSS will get permission from the City on any future upgrades or capital projects related to the Premises, prior to the commencement of any work.

C. Building Use

1. Heritage Display: PSCC will display a collection of Putignano heritage items, including pictures and artifacts, within the Premises. The City shall not be responsible for any loss or damage to those items.

2. Public Access: The Premises will be open to the public on the third Saturday of every month from 10:00 a.m. to 1:00 p.m. The Premises will not be available for public rentals.
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3. PSCC Use: PSCC may use the Premises for meetings and special events with prior written notice to the City.

4. City Use: The City may utilize the Premises for staff or public meetings only.

D. Signage

PSCC will sponsor the installation of a sign at Memorial Park, adjacent to the Trulli Building, to officially mark the space as the “Putignano Heritage Piazza”. PSCC will cover all material costs associated with the sign, while the City will be responsible for the installation.

E. Bocce Ball Courts

1. Construction: PSCC proposed the installation of a bocce ball court west of Memorial Park, adjacent to the Premises.

2. PSCC will cover all material costs, while the City will provide labor for construction and will assume responsibility for ongoing maintenance of the bocce ball courts. PSCC shall pay the City of Visalia $9,400.00 for the material cost of the bocce ball courts and the sign, with payment due on or before June 30, 2026.

3. Ownership & Access: The bocce ball court will be owned by the City, with PSCC having access upon request.

F. Term

The Parties agree to a term of five (5) years commencing upon the execution of this MOU or until this MOU is terminated pursua nt to section H below. Two additional five-year term extensions may be mutually agreed upon with the option to discuss and renegotiate. A new MOU is required should the Parties agree to continue past the initial five-year term and any extensions as described above.

G. Termination Notice

This Memorandum of Understanding may be terminated by either Party, with or without cause, by providing ninety (90) days’ written notice to the other Party. Upon termination, the Parties agree to cooperate in good faith to wind down any ongoing 296
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activities and ensure an orderly conclusion of mutual responsibilities, with no further obligations beyond those already incurred as of the termination date.

H. Default

If either Party defaults on its obligation under this MOU, the non -defaulting Party shall provide written notice to the defaulting Party. The City shall have a thirty (30) day cure period to remedy any default, and PSCC shall also have a thirty (30) day cure period.

I. Notice.

Any notice to be sent for any reason stipulated within this MOU shall be sent to following addresses:

Putignano Sister City Committee
Attn: Chairman

[email protected]
City of Visalia
Attn: Parks and Recreation Director

[email protected]
IN WITNESS WHEROF, the parties hereto have executed this Memorandum of Understanding as of the effective date indicated above.

_________________________________
__________________________________
Putignano Sister City Committee City of Visalia
Chairman, John Bianco Leslie Caviglia, City Manager
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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0552 Agenda Date: 12/15/2025 Agenda #: 9.

Agenda Item Wording:

Purchase of a Compact Multi-Purpose Bike Lane Sweeper - Authorize the purchase of a Multihog compact bike lane sweeper from Municipal Maintenance Equipment Company of Sacramento through the Sourcewell Cooperative Contract in the amount of $190,750 and appropriate $200,000 to cover the cost of the purchase and necessary up-fitting.

Prepared by: Jason Serpa, Public Works Manager, [email protected], 559-713-4533; Nick Bartsch, Public Works Director, [email protected], 559-713-4052.

Department Recommendation: Authorize the purchase of a diesel-powered Multihog CV350 compact bike lane sweeper from Municipal Maintenance Equipment (MME) Company of Sacramento, CA through the Sourcewell Cooperative Contract (111522-MUL) for $190,750 and appropriate $200,000 to allow for the purchase and installation of additional safety accessories.

Summary:

The City of Visalia currently has a total of 26.5 street miles of various bike lanes and bike paths throughout the City. These bike lanes can vary from a Class I unprotected lane to a Class IV protected lane that requires a delineator. In reviewing the City’scontracted street sweeper’sdifficulty in fitting and sweeping some of the Class IV delineated bike lanes and trails, it is staff’s recommendation to purchase a dedicated compact bike lane sweeper to replace the need of the contractor to fulfill the work. This equipment will be shared by Public Works, Parks and Recreation and other departments as needed.

Background Discussion:

Within the last decade, the City of Visalia has installed many delineated Class IV bike lanes throughout the City to continue to fulfill the implementation goals of the Active Transportation Plan.

Of the 26.5 street miles of bike lanes within the City limits, Class IV bike lanes currently account for

2.8 street miles and the City already has plans to construct 17.6 more street miles of protected bike lanes within the future plan. In addition, existing various bike lane trails account for 2.9 more additional street miles of area to be swept.

The classification and configuration of a Class IV bike lane necessitates a vertical safety barrier, often in the form of a delineator or curb, to separate vehicular traffic from the bike lane. This creates an obstacle for street sweeping operations. The proposed bike lane sweeper that is readily available for purchase, can fit in areas as little as 47 inches wide and has brooms that can extend up to a maximum width of 74 inches wide. At just over 6 feet, this offers much flexibility in the implementation and design on roadways that may have limited space, while still providing the State approved bike lane facility. This sweeper is able to sweep in between the delineators, not requiring additional manpower to blow the material into the sweeping lane. In addition to being able to provide service to small width bike lanes, this sweeper will be able to maneuver protected bike lane intersections.

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Both engineering and Public Works staff, in conjunction with TCAG, were present at an on-street demonstration of the City’sbike lanes. This coupled with a review by the Fleet Maintenance Division gave staff confidence to recommend that the Multihog CV350 can do the work needed. Staff is of the opinion that this sweeper’s mobility and multi-use can be applied to further applications in the future.

The Multihog CV 350 Compact Sweeper is specifically designed for constrained urban facilities such as protected bike lanes, pedestrian areas, alleys, and multi-use pathways. Procurement of this sweeper will allow the City to:

1. Improve Public Safety - Regular sweeping removes debris and obstructions that can result in bicycle crashes and public safety hazards.

2. Meet Growing Maintenance Needs - Visalia’sClass IV network and trail infrastructure continue to expand, increasing the service demand on Public Works maintenance forces. Specifically, delineated bike lane facilities will increase the cost of already existing bike lane services due to additional effort required.

3. Increase Operational Flexibility - The compact design allows operation in facilities where existing street sweepers cannot safely or effectively operate, and to respond to urgent situations as they arrise.

4. Reduce Outsourced Costs - Performing this work in-house decreases reliance on contract sweeping services and improves scheduling control.

5. Support environmental and grant compliance where applicable by ensuring bikeways and trails remain clean, safe, and accessible.

Fiscal Impact:

At the purchase cost of $190,750, this purchase will require an appropriation of $200,000 to allow for the purchase of additional Fleet recommended safety lighting and other accessories. The funding for the purchase of the Multihog CV 350 will be pass through funds from Tulare County Association of Governments (TCAG) using the Measure R Trail Maintenance Fund (132).

CIP Project #
Total Amount
Budgeted
Measure R
Funding
Appropriation
Needed
NEW $0 $200,000 $200,000
Annual Maintenance costs are estimated to be a total of $7,214.00 per year, including regular maintenance and broom replacements. There will be some offsetting costs if the street sweeper were to be implemented on delineated bike lanes citywide, rather than including them under the current contracted street sweeping contract. Standard non-delineated bike lanes are swept as a part of a standard street, but with the change to (addition of) delineated bike lanes, an additional pass will be required at an added cost. While the exact cost impact of adding the proposed narrower delineated bike lanes to the current sweeping contract is unknown due to the necessary changes in method and equipment needed by the contractor, the offsetting cost has been estimated based on the current cost of sweeping a standard bike lane. The contracted cost of sweeping the delineated bike lanes may be higher due to the limited access to standard equipment. The calculated offset Visalia City Council Printed on 12/9/2025Page 2 of 3
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bike lanes may be higher due to the limited access to standard equipment. The calculated offset attributed to the current and future bike lane sweeping costs of Class IV bike lanes amounts to $37,840 per year, as shown in the figure below. Staff is continuing to evaluate the ability for this sweeper to also be utilized on other trails throughout the City and whether existing staff can perform this work, or if a part-time employee will be needed.

New Sweeper Cost Item
Annual
Maintenance
Cost
Annual Regular Maintenance $3,614
Annual Broom Replacements $3,600
Annual Cost to Operate $7,214
Prior Council Action: N/A
Other: N/A
Alternatives: Choose not to purchase a bike lane sweeper and continue to utilize contracted services. This is not recommended as operational expenses continue to increase as the City adds more Class IV bike lanes throughout the City and there is an opportunity to provide operational flexibility and cost savings by performing this work internally.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to purchase a Multihog CV350 compact bike lane sweeper from Municipal Maintenance Equipment (MME) Company of Sacramento, CA through the Sourcewell Cooperative Contract (111522-MUL) for $190,750 and appropriate $200,000 to allow for the purchase and installation of additional safety accessories.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 12/15/2025
Attachments:

Sourcewell Pricing Quote - MultiHog CV 350 from MME, Inc Sourcewell Contract 111522
Vehicle Purchase Authorization Form
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111522-MUL

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Solicitation Number: RFP #111522

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Multihog Ltd., IDA Finnabair Business Park, Dundalk Co., Louth Ireland (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Airport Runway Equipment with Related Supplies and Services from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires February 3, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 






 
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 






 
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 






 
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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 






 
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:








 
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 






 
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.







 
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 






 
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.








 
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15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:








 
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit








 
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4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other 






 
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insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all 






 
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references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of 






 
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not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any 






 
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person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.







 
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M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s 






 
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Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Multihog Ltd.

By: __________________________ By: __________________________ Jeremy Schwartz Michael Ferris
Title: Chief Procurement Officer Title: Regional Sales Manager

Date: ________________________

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________








 
 




 




 




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