Visalia City Council
April 20, 2026

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

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

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

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

Address
Homeless
Needs
• provide emergency shelter for
homeless
• provide mental health services,
mental health services
• services for youth in the schools
• substance abuse treatment,
domestic violence support
• support services for elderly
(meals, transportation)
• rent/utility payments
• Tenant Based Rental Assistance
(TBRA)
• expanded voucher program
Public
Services
CDBG -
$242,875
• 2,000 people
assisted through
Continuum of Care
• 70 households
assisted with case
management /street
outreach
• 2,007 people assisted
through Continuum of Care
completed
• 74 households assisted
with case management
/street outreach completed
Enhance
community
development
• improve public infrastructure in
the City’s LMI residential areas
street and ADA sidewalk
improvements, including
acquisition of right-of-way
• improve community facilities
particularly accessibility
• improve park and recreation
Improve
community
and public
facilities
CDBG -
$3,888,145
• 5 ADA compliance
projects
• 1 Public
infrastructure
improved
• 1 public facility
improved
• 1 public park
• 2 ADA compliance projects
completed
• 1 public infrastructure
facility developed
• 1 public park improved
underway will completed in
FY 24/25
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City of Visalia 2025 Annual Action Plan Amendment

facilities
• safety improvements
improved
Administration
and planning
• provide planning and
administration services for City’s
CDBG and HOME
Program
administration
and planning
CDBG -
$1,355,505
HOME -
$421,770
• Program
administration
Completed

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

• Surveying residents, local businesses, and community organizations; • Leading two focus groups for organization consultations; • Hosting a public hearing during the City’s monthly City Council meeting (September 3, 2024);
• Presenting at a monthly Citizens Advisory Committee (CAC) meeting (September 4, 2024);
• Facilitating a virtual public meeting (September 9, 2024); • Presenting the draft Con Plan at a Citizens Advisory Committee (CAC) meeting (April 2, 2025);
• Hosting a public hearing following the publication of the draft Con Plan during the City Council meeting (April 7, 2025); and
• Hosted a public hearing for adoption of the draft Con Plan during the City Council meeting (April 21, 2025).

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

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

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

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

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

A total of 46 agencies were invited to participate in the virtual focus group sessions; 14 individuals representing 11 agencies participated in at least one focus group. Agencies invited included, but were not limited to: housing providers, health service providers, social service providers, 519
City of Visalia 2025 Annual Action Plan Amendment

organizations representing protected classes, fair housing, education agencies, and real estate organization. During the focus groups, a variety of open-ended questions were asked to address the following topics while increasing dialogue among the groups:

• Populations most in need of assistance
• Greatest unmet needs and gaps in services among qualifying populations • Potential project ideas that may be eligible under the CDBG and HOME programs

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

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

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

Following the publication of the draft Con Plan, the City met again with the CAC on April 2, 2025, and held two public hearings on April 7, 2025, and April 21, 2025.

The PY 2025 Annual Action Plan Amendment 30 -day public comment period took place from March 20, 2026, through April 20, 2026. A Public notice was published in the Visalia Times Delta on March 17 th, March 20 th, and April 1 st, 2026. The draft 2025 Annual Action Plan Amendment was available for review on the City's website at www.visalia.city. Public notices were also sent to the Kings Tulare Homeless Alliance listserv and the City's social media channels. The City also held the following community and city council meetings:

• Citizens Advisory Committee (CAC) on April 1, 2026, at 5:30pm • City Council (Draft Review) on April 6, 2026, at 7:00pm • City Council Public Hearing (Adoption) on April 20, 2026, at 7:00pm

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

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

7. Summary
The City of Visalia conducted several public meetings and hearings to gather input and review the 2020-2024 Consolidated Plan. In addition, the City held stakeholder meetings with multiple community and regional organizations and agencies providing services to low income and 520
City of Visalia 2025 Annual Action Plan Amendment

homeless populations. The City has reviewed several plans to gather information for the development of this Plan that included the City of Visalia Housing Element for 2020-2023, which was being drafted concurrently with the Consolidated Plan. A summary of the full citizen participation of the PY 2025 Annual Action Plan and PY 2025 Action Plan Amendment will be included as Attachment B.
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PR-05 Lead & Responsible Agencies 24 CFR 91.200(b)
Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

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

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

Consolidated Plan Public Contact Information

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

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

The City followed its Citizen Participation Plan (CPP), and the CPP is available to review on the City of Visalia website at www.visalia.city.

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

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

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

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

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

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

Describe agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities

Table 3: Agencies, groups, and organizations who participated No Agency / Group /
Organization Name
Agency /
Group /
Organization
Type
Section of Plan
addressed by
consultation
How was the Agency /
Group / Organization
consulted and what are
the anticipated outcomes
of the consultation or
areas for improved
coordination?
1 Self-Help Enterprises
Housing;
Services –
housing
• Housing need
assessment
• Market analysis
• Economic
development
• Anti-poverty
strategy
Contributed views on
community needs via the
Community Organization
Survey.
2 Lindsay Healthy Start
Family Resource
Center
Services –
children;
Services –
homeless;
Services –
health
• Housing need
assessment
• Homeless needs –
chronically
homeless
• Homeless needs -
families with
children
• Homelessness
strategy
• Market analysis
• Economic
development
• Anti-poverty
strategy
Contributed views on
community needs via the
Community Organization
Survey.
3 Proteus, Inc.

Services –
health; Services
– employment
• Housing need
assessment
• Non-homeless
special needs
• HOPWA strategy
• Market analysis
• Economic
development
• Anti-poverty
strategy
Contributed views on
community needs via the
Community Organization
Survey.
4 RH Community
Builders LP Housing
• Housing need
assessment
• Market analysis
Contributed views on
community needs via the
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City of Visalia 2025 Annual Action Plan Amendment

• Economic
development
Community Organization
Survey.
5 Visalia Rescue
Mission
Services –
homeless
• Housing need
assessment
• Housing need
assessment
• Homeless needs –
chronically
homeless
• Homeless needs -
families with
children
• Homelessness
needs – veterans
• Homelessness
needs –
unaccompanied
youth
• Homelessness
strategy
• Market analysis
• Economic
development
• Anti-poverty
strategy
Contributed views on
community needs via the
Community Organization
Survey.
6 Central CA Legal
Services
Regional
organization;
Other – Legal
aid services
• Housing need
assessment
• Market analysis
• Economic
development

Contributed views on
community needs via the
Community Organization
Survey. Discussed needs of
the populations the
organization serves via
participation in a focus
group.
7 Tulare County
Library-Visalia Branch
Other
government –
County
• Housing need
assessment
• Market analysis
• Economic
development
Contributed views on
community needs via the
Community Organization
Survey.

8 Tulare County HHSA
Health Agency;
Services –
housing;
Services –
employment
• Housing need
assessment
• Non-homeless
special needs
• HOPWA strategy
• Market analysis
• Economic
development
• Anti-poverty
strategy
Contributed views on
community needs via the
Community Organization
Survey. Discussed detailed
needs of the populations the
organization serves via
participation in an agency
focus group.
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9 Kingsview Services –
health
• Housing need
assessment
• Non-homeless
special needs
• HOPWA strategy
• Market analysis
• Economic
development
• Anti-poverty
strategy
Contributed views on
community needs via the
Community Organization
Survey. Discussed detailed
needs of the populations the
organization serves via
participation in an agency
focus group.
10 Tulare County Office
of Education Foster
and Homeless Youth
Services
Other
government –
County;
Services –
education;
Services –
children
• Housing need
assessment
• Non-homeless
special needs
• Market analysis
• Economic
development
• Anti-poverty
strategy
Contributed views on
community needs via the
Community Organization
Survey. Discussed detailed
needs of the populations the
organization serves via
participation in an agency
focus group.
11 The Source LGBT+
Center
Services –
health; Services
– education
• Housing need
assessment
• HOPWA strategy
• Market analysis
• Economic
development
Contributed views on
community needs via the
Community Organization
Survey.
12 Visalia Senior
Housing
Housing
Services-elderly
persons
• Housing need
assessment
• Non-homeless
special needs
• Market analysis
• Economic
development
• Anti-poverty
strategy
Contributed views on
community needs via the
Community Organization
Survey.
13 -
14 Kings/Tulare
Homeless Alliance
Services –
homeless;
Regional
organization
• Housing need
assessment
• Homeless needs –
chronically
homeless
• Homeless needs -
families with
children
• Homelessness
needs – veterans
• Homelessness
needs –
unaccompanied
youth
• Homelessness
strategy
• Market analysis
• Economic
development
Contributed views on
community needs via the
Community Organization
Survey.
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• Anti-poverty
strategy
15 Community Services
Employment Training
Services –
education;
Services –
housing;
Services –
employment;
Services –
children
• Housing need
assessment
• Non-homeless
special needs
• Market analysis
• Anti-poverty
strategy
Contributed views on
community needs via the
Community Organization
Survey.
16 Housing Authority of
the County of Tulare Housing; PHA
• Housing need
assessment
• Public housing
needs
• Non-homeless
special needs
• Market analysis
Contributed views on
community needs via the
Community Organization
Survey. Discussed detailed
needs of the populations the
organization serves via
participation in an agency
focus group.
17 Champions Recovery
Alternative Programs,
Inc.

Services –
health
• Housing need
assessment
• Non-homeless
special needs
• Market analysis
Contributed views on
community needs via the
Community Organization
Survey.
18 TC Hope Services –
homeless
• Housing need
assessment
• Homeless needs –
chronically
homeless
• Homeless needs -
families with
children
• Homelessness
needs – veterans
• Homelessness
needs –
unaccompanied
youth
• Homelessness
strategy
• Market analysis
• Anti-poverty
strategy
Contributed views on
community needs via the
Community Organization
Survey.
19 St. Paul’s Church
Other –
Religious
institution
• Housing need
assessment
• Market analysis
Discussed detailed needs of
the populations the
organization serves via
participation in an agency
focus group.
20 Anthem Blue Cross Services –
health
• Housing need
assessment
Discussed detailed needs of
the populations the
organization serves via
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City of Visalia 2025 Annual Action Plan Amendment

• Non-homeless
special needs
• HOPWA strategy
• Market analysis
participation in an agency
focus group.
21 Aspiranet Services –
children
• Housing need
assessment
• Market analysis
Discussed detailed needs of
the populations the
organization serves via
participation in an agency
focus group.
22 Kings/Tulare Area
Agency on Aging
Services –
elderly persons
• Housing need
assessment
• Non-homeless
special needs
• Market analysis
• Anti-poverty
strategy
Discussed detailed needs of
the populations the
organization serves via
participation in an agency
focus group.
23 College of the
Sequoias/Giant
Marketplace
Services –
education
• Housing need
assessment
• Non-homeless
special needs
• Market analysis
• Economic
development
Discussed detailed needs of
the populations the
organization serves via
participation in an agency
focus group.
24 City of Visalia
Planning
Other
government –
Local
• Housing need
assessment
• Market analysis
• Economic
development
• Lead-based paint
strategy
Discussed detailed needs of
the populations the
organization serves via
participation in an agency
focus group.
25 -
27 Anonymous (3)* ---
• Housing need
assessment
• Market analysis
• Economic
development
Contributed views on
community needs via the
Community Organization
Survey.

Identify any agency types not consulted and provide rationale for not consulting.

The City reached out to a wide range of agencies and organizations through various methods, including email to large list servs (ex. KTHA’s email newsletter) and information sharing between entities. This approach was promoted by the City to ensure that as many local entities as possible were provided with an opportunity to contribute to Con Plan priorities. No agency types were excluded from this outreach effort.

Other local/regional/state/federal planning efforts considered when preparing the Plan

Table 4: Other local/regional/federal planning efforts
Name of Plan Lead
Organization
How do the goals of your Strategic Plan
overlap with the goals of each plan?
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City of Visalia 2025 Annual Action Plan Amendment

City of Visalia General Plan
Housing Element, 2023-2031 City of Visalia
The Housing Element assesses the need for
housing for all levels of income and establishes
policies to meet those needs.

The Strategic Plan goals support the
implementation of the Housing Element by
working to construct and rehabilitate new
and existing affordable housing units.

City of Visalia Consolidated
Plan and Action Plans/CAPERs,
2020/21-2024/25
City of Visalia
The City of Visalia’s previous 5-year
Consolidated Plan and Annual Action
Plans/CAPERs provided context for the City’s
previous needs and goals, as well as the
progress the City has made toward those goals.

City of Visalia Analysis of
Impediments to Fair Housing
Choice (AI), 2025/26-2029/30
City of Visalia
The City of Visalia’s recently prepared AI
contributed current insight on community
conditions and fair housing needs that could be
incorporated in and complemented by the
2025/26-2029/30 Consolidated Plan.

Pathway Home: Responding to
Homelessness in Tulare County
Kings Tulare
Homeless Alliance
This 2019 CoC strategic plan lays out goals for
addressing homelessness based on county-
specific conditions, needs, and strategies, as
well as a roadmap.

Kings Tulare Homeless Alliance
2023 Point-In-Time Count
Survey
Kings Tulare
Homeless Alliance
The Point-In-Time Count Survey provides
recent data and patterns regarding the
homeless populations within the counties of
Kings and Tulare.

Continuum of Care Housing
Inventory Count Report
Kings Tulare
Homeless Alliance
This report provides a count of available beds
for homeless populations in the area and
provides context for assessing the City’s need
for additional beds.

Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l))
The City of Visalia collaborated with various City departments and public entities to develop the Consolidated Plan. This collaboration ensures a comprehensive approach to addressing community needs and leveraging resources effectively. Regularly the City engages with neighboring local government agencies through participation within the KTHA Continuum of Care (CoC) to address regional issues that cross city boundaries within the region. This includes coordination on housing strategies, economic development projects, and infrastructure improvements. By fostering strong partnerships with adjacent jurisdictions, the City ensures a cohesive and unified approach to regional housing and economic challenges while enhancing its ability to implement the Con Plan eff ectively, ensuring that the needs of the community are met in a coordinated and efficient manner.

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AP-12 Citizen Participation

1. Summary of citizen participation process/Efforts made to broaden citizen participation

Summarize citizen participation process and how it impacted goal setting.

The City of Visalia conducted community outreach through various channels, including the City’s website, social media, questionnaires for citizens and organizations that focused on housing and community needs, public meetings, and a public hearing. Several organizations listed in Table 5 assisted in promoting these engagement opportunities to their contacts.

Community and Housing Surveys
The City created a total of four questionnaires designed to gather input on community needs from citizens, community organizations and local agencies. The Citizen Questionnaire targeted Visalia residents, asking about housing, supportive services, economic and workforce development, planning and community development, and homelessness. An Organization Questionnaire covering similar topics was also created to gather input from community agencies and organizations. Additionally, a Spanish version of the Citizen Questionnaire was prepared.

The questionnaires were open for responses from July 12, 2024 - August 2, 2024, and were reopened from September 6 -13, 2024, in anticipation of a virtual public meeting. A total of 122 individuals responded to the Citizen Questionnaire, while no responses were logged for the Spanish version.

The City’s Housing Division also created two additional surveys for specific events: the 2023 Farmworker Women’s Conference (a Spanish speaking event), and the Citizen CAC community meeting on September 4, 2024. These surveys focused on housing and community development needs, supportive services, economic development, infrastructure, and community facility needs.

Public Meetings and Hearing
The City held several public meetings and hearings to gather public input in the development and during the 30-day public comment period of the draft 2025-2029 ConPlan and 2025 Action Plan.

These meetings garnered input from both the public and City Council members. All meetings were publicized to the community through English and Spanish public noticing in the local newspaper, various organizational listservs, and on the City’s website and social media channels.

During the development of the 2025 -2029 ConPlan and 2025 Action Plan the follow ing public meetings and hearings were held to gather input on the highest community needs. • Public Hearing - City Council Meeting on September 3, 2024, at 7:00pm • Community Meeting - Citizens Advisory Committee on September 4, 2024, at 5:30pm • Community Meeting – Virtual Public Meeting on September 9, 2024, at 1:00pm During the 30-day public period the following public meetings and hearings were held. • Community Meeting - Citizens Advisory Committee on April 2, 2025, at 5:30pm • Public Hearing - City Council Meeting (Draft Review) on April 7, 2025, at 7:00pm • Public Hearing - City Council Meeting (Adoption) on April 21, 2025, at 7:00pm 530
City of Visalia 2025 Annual Action Plan Amendment

Consolidated Plan Public Comment Period
The draft program year 2025-2029 Consolidated Plan and 2025 Annual Action Plan 30-day public period was held from March 21, 2025 , through April 21, 2025. A summary of all comments received and staff’s response to those comments can be found in Appendix B: Response to Comments.

Program Year 2025 Annual Action Plan Amendment
The PY 2025 Annual Action Plan Amendment 30-day public comment period took place from March 20, 2026, through April 20, 2026. A Public notice was published in the Visalia Times Delta on March 17th, March 20th, and April 1st, 2026. The draft 2025 Annual Action Plan Amendment was available for review on the City's website at www.visalia.city. Public notices were also sent to the Kings Tulare Homeless Alliance listserv and the City's social media channels. The City also held the following community and city council meetings:
• Citizens Advisory Committee (CAC) on April 1, 2026, at 5:30pm • City Council (Draft Review) on April 6, 2026, at 7:00pm • City Council Public Hearing (Adoption) on April 20, 2026, at 7:00pm

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Table 5: – Citizen Participation Outreach

Mode of
Outreach
Target of
Outreach
Summary of
Response/Attendance
Summary
of
Comments
Received
Summary of
Comments Not
Accepted
and
Reasons
URL (If
applicable)
Public Meeting
Non-English
Speaking –
Specify other
language: Spanish
On November 16, 2023, the City’s
Housing Division survey 107
individuals attending the 2023
Farmworker Women’s Conference held
at the Visalia Convention Center on
housing and community development.

See
Appendix B N/A N/A
Internet
Outreach
Non-
targeted/broad
community
Community Needs Assessment public
notices and surveys shared on City
social media outlets reaching 22K on
Facebook, 19K on Instagram, and 6K on
Twitter. Community Needs Survey and
information also shared on the City
website and Inside City Halll newsletter.

No
comments
received.

N/A N/A
Other
Non-
targeted/broad
community

Citizen Needs Assessment public
notices and surveys on various email
distribution listservs i.e. the Kings/Tulare
Homeless Alliance to 645 individuals,
the Homeless Task Force to over 200
individuals, and the Community Care
Coalition to over 200 individuals.

No
comments
received.

N/A N/A
Other
Non-
targeted/broad
community

Citizen Needs Assessment public
notices shared at various locations City
Hall West, City Hall East, City Hall
North, Visalia Transit, Visalia Senior
Center, Visalia Library, and Visalia
Parks & Recreation locations.

No
comments
received.

N/A N/A
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City of Visalia 2025 Annual Action Plan Amendment

Other
Non-
targeted/broad
community
Citizen community needs survey
launched from 7/12/24 – 8/2/24, and
9/6/24 – 9/13/24, and received 122
individual respondents.

See
Appendix B N/A N/A
Other
Non-
targeted/broad
community
Organization community needs survey
launched from 7/12/24 – 8/2/24, 8/12-
8/16/24, and 9/25/24-10/4/24, and
received 23 individual respondents.

See
Appendix B N/A N/A
Newspaper
Ad
Non-
targeted/broad
community

Community needs assessment public
notice posted in the Visalia Delta-Times
newspaper on 8/27/24.

No
comments
received.

N/A N/A
Public Hearing
Non-targeted/broad
community

On September 3, 2024, a City Council
public hearing was held on the
development of the ConPlan.

See
Appendix B N/A N/A
Public
Meeting
Non-
targeted/broad
community
Other: Citizens
Advisory
Committee
On September 4, 2024, a Community
meeting was held on the development
of the ConPlan, and community needs
assessment. 25 individuals attended.

See
Appendix B N/A N/A
Public
Meeting
Non-targeted/broad
community

On September 9, 2024, a virtual
community meeting on the
development of the ConPlan and
community needs assessment. 10
individuals attended.

See
Appendix B N/A N/A
533
City of Visalia 2025 Annual Action Plan Amendment

Public
Meeting
Non-
targeted/broad
community
Other:

Organizations
On September 25, 2024, a focus group
was held on the development of the
ConPlan, and community needs
assessment. 10 individuals attended
from various organizations.

See
Appendix B N/A N/A
Public
Meeting
Non-
targeted/broad
community

Other:

Organizations
On October 2, 2024, a focus group was
held on the development of the
ConPlan, and community needs
assessment. 12 individuals attended
from various organizations.

See
Appendix B N/A N/A
Public
Meeting
Non-
targeted/broad
community

On December 3, 2024, a City Council
work session was held to discuss the
development of the 5-year ConPlan.

See
Appendix B N/A N/A
Newspaper
Ad
Non-
targeted/broad
community

30-day public comment period public
notice was published in the Visalia
Times Delta on 3/21/25 and 4/1/25.

No
comments
received.

N/A N/A
Internet
Outreach
Non-
targeted/broad
community
Draft 2025-2029 ConPlan and 2025
Action Plan were available on the
City's website from 3/21/24 - 4/21/25.

No
comments
received.

N/A www.visalia.city
Internet
Outreach
Non-targeted/broad
community

City social media posts on City's
website news page, Facebook,
Instagram, and Twitter pages.

No
comments
received.

N/A N/A
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City of Visalia 2025 Annual Action Plan Amendment

Listserv
Notice
Non-
targeted/broad
community
The Kings Tulare Homeless Alliance
listserv notices.

No
comments
received.

N/A N/A
Public Notices
Non-
targeted/broad
community
Public notices posted at the following
city sites: City Hall, Community
Development, Administrative Office,
Recreation, Senior Center, and Visalia
Transit from 3/21/25 - 4/21/25.

No
comments
received.

N/A N/A
Public
Meeting
Non-
targeted/broad
community
Citizens Advisory Committee
community meeting to review draft and
obtain public comment held on 4/2/25.

See
Appendix B N/A N/A
Public
Hearing
Non-
targeted/broad
community
Public Hearing to review draft 2025-
2029 ConPlan 2025 Action Plan and
obtain public comment held on 4/7/25.

See
Appendix B N/A N/A
Public
Hearing
Non-
targeted/broad
community
Public Hearing to approve the 2025-
2029 ConPlan and 2025 Action Plan
and authorize submission of the plan to
HUD held on 4/21/25.

See
Appendix B N/A N/A

Program Year 2025 Annual Action Plan Amendment
Mode of
Outreach
Target of
Outreach
Summary of
Response/Attendance
Summary
of
Comments
Received
Summary of
Comments Not
Accepted
and
Reasons
URL (If
applicable)

Newspaper
Ad
Non-
targeted/broad
community

30-day public comment period public
notice was published in the Visalia
Times Delta on 3/17, 3/20, and 4/1/26.

See
Appendix B N/A N/A
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City of Visalia 2025 Annual Action Plan Amendment

Internet
Outreach
Non-
targeted/broad
community
Draft 2025 Action Plan Amendment
available on the City's website from
3/20/26 - 4/20/26.

See
Appendix B N/A www.visalia.city
Internet
Outreach
Non-targeted/broad
community

City social media posts on City's
website news page, Facebook,
Instagram, and Twitter pages.

See
Appendix B N/A N/A
Listserv
Notice
Non-
targeted/broad
community
The Kings Tulare Homeless Alliance
listserv notices.

See
Appendix B N/A N/A
Public Notices
Non-
targeted/broad
community
Public notices posted at the following
city sites: City Hall, Community
Development, Administrative Office,
Recreation, Senior Center, and Visalia
Transit from 3/20/26 - 4/21/26.

See
Appendix B N/A N/A
Public
Meeting
Non-
targeted/broad
community
Citizens Advisory Committee
community meeting to review draft and
obtain public comment held on 4/1/226.

See
Appendix B N/A N/A
Public
Hearing
Non-
targeted/broad
community
Public Hearing to review draft 2025
Action Plan Amendment and obtain
public comment held on 4/6/26.

See
Appendix B N/A N/A
Public
Hearing
Non-
targeted/broad
community
Public Hearing to approve the 2025
Action Plan Amendment and authorize
submission of the plan to HUD held on
4/20/26.

See
Appendix B N/A N/A
536
City of Visalia 2025 Annual Action Plan Amendment

AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City as an entitlement jurisdiction receives Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds annually from the U.S. Department of Housing and Urban Development (HUD). These programs are designed to assist low and moderate income (LMI) households by investing in the City’s local communities/neighborhoods. This Annual Action Plan (AAP) covers the first year of the City’s 2025 -2029 Consolidated Plan and outlines plans for implementing the 5-year goals identified in the Strategic Plan for the 5-year period from July 1, 2025-June 30, 2030.

The Program Year (PY) 2025 CDBG budget consists of $1,139,838 in entitlement funds, $50,000 in estimated program income, and $450,000 in prior year funds for a total of $1,639,838. The PY 2025 HOME budget consists of $426,943.86 in entitlement funds, $100,000 in estimated program income, and $40,000 in prior resources for a total of $ 566,943.86. The “Expected Amount Available Remainder of ConPlan” is the first year 202 5 grant allocation multiplied by 4 years to equal total remainder of ConPlan in program ye ar 202 5. Each program year the “Expected Amount Available Remainder of ConPlan” is reduced by the current grant allocation.

The City currently does not have an Emergency Solutions Grant (ESG) or Housing Opportunities for Persons with AIDS (HOPWA) grant.

The 2025 CDBG Annual Action Plan Amendment includes transferring $900,000 from the development of an emergency shelter to ADA Tree Wells compliance project to allow additional time to plan for the development of an emergency shelter.

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City of Visalia 2025 Annual Action Plan Amendment

Anticipated Resources
Table 6: Expected Resources
Program
Source
of
Funds
Uses of Funds
Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG Federal
• Administration
• Public Services
(15%)
• Single-family and
mobile home
repair programs
• Code
enforcement
• Emergency
shelter
development
$1,139,838 $50,000 $450,000 $1,639,838 $5,000,000
In 2025, the
CDBG funds are
$1,139,838 in
entitlement
funds, and
$500,000 in
estimated
program income
and other funds.

HOME Federal
• Administration
• CHDO Rancho
Colegio project
• CHDO senior
housing project
• CHDO affordable
rental housing
project
$426,943.86 $100,000 $40,000 $566,943.86 $2,400,000
In 2025, the
HOME funds are
$426,943.86 in
entitlement and
$140,000 in
estimated
program
income, and
other funds.

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City of Visalia 2025 Annual Action Plan Amendment

Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City leverages both federal and local housing funds by supporting non -profit organizations that develop affordable housing. The City, or its partners, provides matching funds for housing related services to several programs, which includes the following:
• SHE-CHDO Scattered Multi-Family Site Acquisition/Development. For example, the City’s HOME CHDO Rancho Col egio Project is the development of an 80 -unit multi -family affordable housing complex that is budgeted at an estimated $35 million. HOME funds will be leveraged with the various other funding sources, such as, Multifamily Housing Program (MHP), Joe Serna Farmworker Housing Grant (FWHG), and the Infill Infrastructure Grant (IIG).
• Voucher Program – Match to receive HUD CoC grants to provide permanent supportive housing vouchers.
• Tenant-Based Rental Assistance (TBRA) – Rental subsidies to support affordable housing units.

Below is a list of potential financial resources considered to be a part of the City’s overall financial plan to address priority needs and specific objectives identified in the Consolidated Plan. The number and availability of these programs to assist cities is limited, and funding for new projects is unpredictable. The following programs are local, state, and federal programs. None of these are managed locally by the City through funds accessed directly from HUD. • Housing Authority of Tulare County (HATC) is a public housing authority with jurisdiction within the City and the County. It administers federal and state funds for its public housing projects and government-assisted housing units, such as Section 8 and Veterans Affairs Supportive Housing (VASH) vouchers.
• Low-Income Housing Tax Credit Program (LIHTC) provides federal and state tax credits for private developers and investors who agree to set aside all or an established percentage of their rental units for low-income households for no less than 30 years under administration by the California Tax Credit Allocation Committee (CTCAC). Tax credits are awarded on a competitive basis at varying times. Compliance is monitored according to Internal Revenue Service (IRS) rules and regulations.

The City will also be receiving Permanent Local Housing Allocation (PLHA) funding which will assist with matching requirements.
• PLHA provides funding to local governments in California to help increase the affordable housing stock. Funding will help increase the supply of housing for households at or below 60% of area median income; increasing assistance to affordable owner -occupied workforce housing; assisting persons experiencing or at risk of homelessness; and promoting projects to meet Visalia’s unmet share of the regional housing needs allocation.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan.

There is no publicly owned land or properties located within the jurisdiction that may be used to address the needs identified in the plan.

Discussion
See above discussion.
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City of Visalia 2025 Annual Action Plan Amendment

AP-20 Annual Goals and Objectives
Goals Summary Information
Table 6: Goals Summary
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Address Special
Service Needs
2025 2029 Special
Services
Citywide Public
Services
CDBG:
$180,000
Public service activities for Extremely
Low-Income Housing Benefit: 465
Households Assisted;
Public service activities other than
Low/Moderate Income Housing Benefit:
20 Persons Assisted.
2 Preserve
Homeownership
2025 2029 Household
Maintenance
Citywide Property
Maintenance
CDBG:
$200,000
Homeowner Housing Rehabilitated: 6
Household Housing Units
3 Combat
Blighting
Conditions
2025 2029 Household
Maintenance
LMI Census
Tracts
Neighborhood
Preservation
CDBG:
$170,000
Housing Code Enforcement/ Foreclosed
Property Care: 200 Household Housing
Units
4 Combat
Homelessness
2025 2029 Homeless
Needs
Citywide Emergency
Shelter
CDBG:
$900,000
Overnight/Emergency
Shelter/Transitional Housing Beds
Added: 100 Beds
4 Enhance
Community
Development
2025 2029 Community
Development
Citywide Improve
Community
and Public
Facilities
CDBG:
900,000
Public Facility or Infrastructure
Activities other than Low-Moderate
Income Housing Benefit: 5,404
Persons Assisted
5 Increase
Affordable
Housing
2025 2029 Affordable
Housing
Citywide Affordable
Housing
HOME:
$516,943.86
Rental Units Constructed: 22 Low-
Income Household

6 Program
Administration
2025 2029 Administration Citywide Administration CDBG:
$237,960
HOME:
$50,000
Other: 1

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City of Visalia 2025 Annual Action Plan Amendment

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City of Visalia 2025 Annual Action Plan Amendment

Goal Descriptions
Table 8: Goal Descriptions
# Goal Name Goal Description
1 Address Special Service Needs Provide essential public services which include homeless services, homeless prevention, housing flex funds, job training, youth services, and fair housing services. 2 Preserve Homeownership Single-family and mobile home rehabilitation programs for low-and-moderate-income owner occupants who are elderly and/or disabled.
3 Combat Blighting Conditions Code enforcement inspection services within deteriorated or deteriorating low-moderate income eligible areas to arrest the decline of the area to provide neighborhood preservation. 4 Combat Homelessness Development of a low-barrier emergency shelter. 4 Enhance Community
Development Improve public infrastructure accessibility for seniors and mobility impaired. 5 Provide Affordable Housing HOME CHDO projects to increase affordable housing in the City. Projects include the development of affordable, farmworker, and senior housing.
6 Program Administration Administration and planning to administer CDBG and HOME funds.

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City of Visalia 2025 Annual Action Plan Amendment

AP-35 Projects – 91.220(d)
Introduction
Program Year 2025 CDBG and HOME Projects were established based on the high priority needs identified in the 2025-2029 Consolidated Plan Needs Assessment and Strategic Plan.

The Consolidated Plan goals below address the high priority needs and serve as the foundation for strategic actions the City will undertake. These goals are based on the ConPlan’s Needs Assessment and Housing Market Analysis sections as well as community outreach conducted:
• Address special service needs
• Preserve homeownership
• Combat blighting conditions
• Combat homelessness
• Enhance Community Development
• Increase affordable housing
• Program administration

Projects
Table 9: Project Information
# Project Name
1 HOME Administration
2 HOME-CHDO Project - Rancho Colegio
3 HOME-CHDO Project - Senior Housing Project
4 CDBG Administration
5 CDBG Public Services
6 Single-Family Home Repair Program
7 Senior Mobile-Home Repair Program
8 Code Enforcement
9 Emergency Shelter ADA Improvements

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The projects will address the priority needs described in the Consolidated Plan by providing direct homeless services, homeless prevention services, fair housing services, code enforcement inspections to maintain neighborhood stabilization, housing rehabil itation program s, and affordable housing options for the LMI population. The need to Enhance Community Development is planned for project funding in future years. An obstacle in addressing underserved needs is the needs outweighing funding resources. Nevertheless, the City worked resourcefully in combin ing multiple funding sources to maximize the allocation of resources to address underserved community needs.

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City of Visalia 2025 Annual Action Plan Amendment

AP-38 Project Summary
Project Summary Information
1 Project Name 2025 HOME Administration
Target Area Citywide
Goals Supported Program and planning administration
Needs Addressed Program administration
Funding HOME: $50,000
Description 2025 HOME Administration and Planning.

Target Date 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
N/A
Location Description Citywide
Planned Activities 2025 HOME Administration and Planning. 2 Project Name HOME CHDO Project – Rancho Colegio
Target Area Citywide
Goals Supported Increase affordable housing
Needs Addressed Affordable Housing
Funding HOME: $290,000
Description Construction of an 80-unit multi-family rental complex, of which 11 units will be HOME funded.

Target Date 6/30/2027
Estimate the number and type
of families that will benefit
from the proposed activities
11 extremely low-to-low-income households are expected to benefit from the proposed activity.

Location Description 3520 N. Court St., Visalia, CA 93291 Planned Activities The City will provide funding for Self-Enterprises, Inc. (SHE), to build 11 of the 80 new low-income multi-family rental units. 3 Project Name HOME CHDO Project – Senior Housing
Target Area Citywide
Goals Supported Increase affordable housing
Needs Addressed Affordable housing
Funding $226,943.86
Description Construction of an 80-unit senior housing rental complex, of which 11-units will be HOME funded.

Target Date 6/30/28
Estimate the number and type
of families that will benefit
from the proposed activities
11 extremely low-to-low-income senior households are expected to benefit from the proposed activity.
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City of Visalia 2025 Annual Action Plan Amendment

Location Description 2439 N. Dinuba Blvd. Visalia, CA 93291 Planned Activities The City will provide funding for Self-Enterprises, Inc. (SHE), to develop 11 of the 80 new senior housing rental units.
4 Project Name 2025 CDBG Administration
Target Area Citywide
Goals Supported Program and planning administration.

Needs Addressed Program administration
Funding CDBG: $237,960
Description 2025 CDBG Administration and Planning.

Target Date 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
N/A
Location Description Citywide
Planned Activities 2025 CDBG Administration and Planning. 5 Project Name CDBG Public Services
Target Area Citywide
Goals Supported Address Special Service Needs
Needs Addressed Public Services
Funding CDBG: $180,000
Description Continuum of Care Point in Time survey and LINC services; Permanent Supportive Housing (PSH) voucher match; housing flex funds, and fair housing services.

Target Date 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
485 extremely low-income households, including people
experiencing homelessness.

Location Description Citywide
Planned Activities Point in Time survey and LINC services; PSH match; housing flex funds, youth services, job training, and fair housing. 6 Project Name Single-Family Home Repair Program
Target Area Citywide
Goals Supported Preserve homeownership
Needs Addressed Neighborhood Preservation
Funding CDBG: $100,000
Description Single-family home repair program including roof repairs, ADA improvements for LMI senior and/or disabled owner occupants.

Target Date 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
4 low-moderate income seniors and/or disabled persons.
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City of Visalia 2025 Annual Action Plan Amendment

Location Description City wide. Sites to be determined.

Planned Activities Single-family minor home repairs including emergency and ADA improvements.
7 Project Name Senior Mobile Home Repair Program
Target Area Citywide
Goals Supported Preserve homeownership
Needs Addressed Neighborhood Preservation
Funding CDBG: $100,000
Description Senior Mobile Home Repair Program to owner occupied low- income seniors and/or disabled persons.

Target Date 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
4 low-moderate income seniors and/or disabled persons.

Location Description Citywide. Sites are to be determined.

Planned Activities Senior Mobile Home Repair Program to owner occupied low- income seniors and/or disabled persons.
8 Project Name Code Enforcement
Target Area LMI Tracts
Goals Supported Create a suitable living environment
Needs Addressed Neighborhood Preservation
Funding CDBG: $170,000
Description 2025 Code Enforcement services in deteriorating or deteriorated low-moderate-income areas to arrest the decline of the area.

Target Date 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
200 LMI households are expected to benefit from the proposed activity.

Location Description LMI target areas.

Planned Activities Code Enforcement services in deteriorating or deteriorated low- moderate-income areas to arrest the decline of the area. 9 Project Name Emergency Shelter Development ADA Compliance Projects Target Area LMI Tracts City Wide
Goals Supported Combat homelessness Enhance Community Development Needs Addressed Combat homelessness Improve Community and Public Facilities Funding CDBG: $900,000
Description Acquisition, development and/or rehabilitation of a low-barrier emergency shelter. ADA compliance projects and public
infrastructure improvements, including ADA tree well and sidewalk improvements.

Target Date 6/30/28 6/30/29
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City of Visalia 2025 Annual Action Plan Amendment

Estimate the number and type
of families that will benefit
from the proposed activities
100 extremely low-income individuals experiencing
homelessness. 5,404 LMI ambulatory disabled persons are expected to benefit from the proposed activities.

Location Description To be determined. Citywide
Planned Activities Development of a low-barrier emergency shelter. ADA sidewalk and tree well improvements.

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City of Visalia 2025 Annual Action Plan Amendment

AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the jurisdiction (including areas of low- income and minority concentration) where assistance will be directed A majority of the CDBG activities funded in 2025 are offered citywide to low- and moderate-income households. However, certain CDBG programs, such as public infrastructure improvements and code enforcement are directed to neighborhoods that qualify for CDBG funds on an "area benefit" basis. An area benefit activity is one that is available to benefit all the residents of an area which is:
• Primarily residential and
• Where 51% or more of the population is low- and moderate-income

In program year 2025, Code enforcement activities will be directed at LMI Census Tracts; other projects will be targeted at LMI populations citywide.

Geographic Distribution
Table 11: Geographic Distribution
Target Area Percentage of Funds
Citywide 90%
LMI Tracts 10%
Rationale for the priorities in allocating investments geographically.

Generally, CDBG and HOME funds will be distributed citywide as eligible to benefit LMI populations. However, CDBG funds will be utilized in CDBG Target areas for Code Enforcement and Park Improvements. A presumed Benefit project, such as an ADA walkway within a park or low mod residential areas in need of access, would be applicable. CDBG funding directed toward public services is a citywide public service benefit. Public Facilities are based upon CDBG requirements, such as the area benefit noted above, l imited clientele or income qualifications; Affordable housing will be citywide, which encompasses CDBG Target Areas. Other programs may benefit within the CDBG Target areas as well, even though allowed citywide.

Discussion
The Low-and Moderate-Income Concentration Census Tract Map is being utilized for the 2025 Action Plan and is based on the Low-and Moderate-Income Summary Data (LMISD) provided on the HUD Exchange website.

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City of Visalia 2025 Annual Action Plan Amendment

AP-55 Affordable Housing – 91.220(g)
Introduction
The Annual Action Plan must specify goals for the number of homeless, non -homeless, and special needs households to be provided affordable housing within the program year. The Annual Action Plan must also indicate the number of affordable housing units that will be provided by program type, including rental assistance, production of new units, rehabilitation of existing units, or acquisition of existing units. For the purpose of this section, the term “affordable housing” is defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership.

In partnership with Self -Help Enterprises, the City’s HOME Community Housing Development Organization (CHDO) plans to develop 11 HOME assisted units at Rancho Colegio, an 80-unit affordable rental housing complex for households 50% of the area median income or lower, which includes 20-units for farm working households. In addition, the city plans to develop an additional 11 HOME assisted units at a senior affordable rental housing project for seniors 62 and older at 60% of the area median income or lower. The tables below represent HOME funded activities.

Table 12: One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 22
Special-Needs 0
Total 22

Table 13: One Year Goals for the Number of Households Supported By Support Type
Rental Assistance 0
The Production of New Units 22
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 22

Discussion
The 2025 HOME funded activities include the development of 22 HOME assisted units with 11 units at Rancho Colegio and 11 senior housing units . The 2025 CDBG affordable housing activities include 3 single-family and 3 mobile home repairs to senior and/or disabled low-income owner occupants.

Findings in the MA -15 show that there is not an adequate amount of housing affordable to LMI households, especially for extremely low- and very low-income households. According to the HUD data reports, there is not sufficient housing units for the various income categories. After analysis, the only income category that truly does have enough housing is the 50-80% AMI. This explains the City’s focus on funding for the 0 -30% (extremely low) and 30 -50% (low) income housing categories.

The following data (CHAS 2017-2021) shows:
• 0-30% AMI: There are 3,995 households living in this income category, yet there are only 549
City of Visalia 2025 Annual Action Plan Amendment

1,265 rental units available that are affordable to these households in the City • 30-50% AMI: There are 4,720 households living in this income category yet there are only 2,630 units available
• 50-80% AMI: there are 7,335 households in this income category and there are 9,460 units

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City of Visalia 2025 Annual Action Plan Amendment

AP-60 Public Housing – 91.220(h)
Introduction
The Housing Authority of Tulare County ( HATC) works closely with the City, the Continuum of Care “Alliance”, and the Tulare County Homeless Taskforce. Actions planned by HATC this year are referenced below.

Actions planned during the next year to address the needs of public housing residents
HATC is currently developing the Demaree Apartments that will serve households at 80% of the area median income (AMI) and lower. The Demaree Apartments is a new construction, family, mixed-income project. There will be 222 total units, 220 of which will be restricted between 30% and 80% of the AMI. There will be 90 one -bedroom units, 75 two-bedroom units, and 57 three- bedroom units. Two of the three -bedroom units will serve as unrestricted manager’s units. The Demaree Apartments are expected to be completed by June 2026.

The HATC participates in a Moving to Work (MTW) Program, which offers housing for 5-years at a flat rate, based on unit bedroom size instead of being income -based. The MTW program is designed to give rental assistance to families who are working to achieve self-sufficiency from all types of governmental assistance while they are in the process of achieving that goal. Successful applicants are encouraged to seek higher paying employment and/or further their education. An increase in family income does not in crease the monthly rent. Families can continue the MTW program for a maximum of 5 years, or until their income reaches 120% of the AMI, at which time assistance will be terminated or they will be given 6-months to move out. Many of the MTW participants transferred to MTW from HATC’s conventional low rent and Section 8 programs.

Others were referred to the MTW program by HATC’s partner agencies , such as Tulare County Health and Human Services and CSET.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
HATC created a Resident Council composed of 5 residents from HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8, and public housing). The Resident Council works with HATC staff on evaluating the effectiveness and efficiency of existing rental assistance programs. This structure was put i nto place to give public housing residents the opportunity to provide input on program modifications. HATC is proactive in the inclusion of public -housing residents in the policy making process. As required, two public housing tenants sit on the HATC Commission board. Between the Resident Council and tenant representation on the Board an equitable and transparent policy-making process has been put into place.

A vital driving factor that continues to influence HATC programs is the goal of tenant self - sufficiency. HATC views homeownership as a long -term goal for most participants. HATC staff works with tenants to effectively provide them with the necessary resour ces to achieve homeownership. HATC’s annual re-examination notice provides participants with an extensive referral list that aids homeownership. Effective collaboration between their agency and other public and nonprofit agencies is imperative to help prom ote homeownership among all HATC’s tenants. Lastly, HATC created “RentTrack Payment, an online payment system which allow s residents to utilize their rental payments made on time to raise or build individual credit scores.

RentTrack has increased credit scores an average of 132 points over a 2-year period.

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City of Visalia 2025 Annual Action Plan Amendment

If the PHA is designated as troubled, describe the manner in which financial or other assistance will be provided
Not Applicable
Discussion
See discussion above

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City of Visalia 2025 Annual Action Plan Amendment

AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
This section describes the City’s one-year goals and the specific action steps it will undertake in the program year to carry out the homeless strategy outlined in the ConPlan’s SP -60 Homelessness Strategy. This section will also describe the jurisdiction’ s one -year goals and specify the activities it will undertake to serve the emergency, transitional, and permanent housing as well as supportive service needs of homeless and special needs populations.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs:

The City’s one-year goals for reducing and ending homelessness include allocating CDBG funds for the development of a low-barrier emergency shelter to provide immediate shelter and an entry point to permanent housing for those experiencing homelessness.

The City’s annual goal also includes allocating PLHA, RDA Successor Housing, and Encampment Resolution Funding to support the recently developed Visalia Navigation Center, a 100-bed public facility with on -site wrap around supportive services, intensive ca se management, and rapid rehousing to quickly place individuals into permanent housing.

Through partnership with the development organization, Self -Help Enterprises, the city’s goal is to continue to provide 42 permanent supportive housing units at the Lofts at Fort Visalia and develop an additional 160 multifamily affordable housing units including senior housing for those experiencing and at -risk of homelessness. Through partnership with the development organization RH Community Builders, the City’s annual goal also includes providing 92 permanent supportive housing units through the city’s two Homekey sites Majestic Gardens and Sequoia Village.

The Kings/Tulare Homeless Alliance serving as the local Continuum of Care (CoC) conducts a weekly Local Initiatives Navigation Center (LINC) at the Visalia Rescue Mission to provide various resources and access to service providers for those experiencing h omelessness to assess their individual needs. LINC brings together social service providers, faith -based organizations, and government agencies to help families locate affordable housing, employment and mental health and substance abuse treatment along with other needed services. Services include ID vouchers, free cell phones, housing assessments, enrollments to mainstream benefits, employment assistance, health/mental health services, legal assistance, and free meals.

Addressing the emergency shelter and transitional housing needs of homeless persons
The Visalia Warming Center provides seasonal emergency overnight shelter. Annually, the City provides funding through State PLHA funds to the Visalia Warming Center. The Visalia Warming Center serves on average of 100 individuals overnight on a daily basis. The Warming Center also serves as an entry point into the Homeless Management Information System (HMIS), and permanent housing placement.

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The Visalia Navigation Center developed in 2024, provides 100-beds of transitional housing and essential supportive services to people experiencing homelessness. The Visalia Navigation Center is the first of its kind in Tulare County and provides overnight shelter, daily meals, showers, case management, resources, mental health services, substance abuse services, job training/placement, and permanent housing placement.

Eden House was developed in 2020 and serves as a 22 -bed bridge transitional housing project that provides on -site case management and supportive services for individuals that need additional on-site services as they transition from homelessness to permanent housing.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City will begin work on the development of an emergency shelter project to be funded with CDBG dollars in FY 2025-26. This project will provide at least 100 beds and will serve as a low - barrier emergency shelter for chronically homeless individuals and families , veterans, and unaccompanied youth. The Emergency Shelter will follow a Housing First model, therefore, eliminating barriers to entry including sobriety or program participation.

The Visalia Navigation Center also services chronically homeless individuals and families, veterans and their families, unaccompanied youth , and families with children. The Visalia Navigation Center has individual private family rooms for families with children to safely transition from homelessness to permanent housing. The Visalia Navigation Center is administered by CSET, which leverages a variety of rapid rehousing funding sources to quickly and permanently house individuals and families and prevent recidivism. Rapid rehousing services include security deposits, rental application fees, landlord mitigation, credit repair, and/or rental subsidies.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs
The Visalia Navigation Center offers private medical rooms dedicated for homeless individuals being discharged from systems of care such as health care facilities and mental health facilities to prevent them from becoming homeless and works to quickly prov ide permanent housing placement. In partnership with RH Community Builders, our Homekey sites within 1 -mile of the College of Sequoias, Sequoia Village and Majestic Gardens, provide permanent supportive housing units for aged out foster youth exiting foste r care and other youth facilities to prevent these individuals from entering into homelessness. In the previous 5-Year Consolidated Plan, 132 permanent supportive housing units were developed in the City of Visalia which include 40-units at the Lofts at Fo rt Visalia, 50 -units at Sequoia Village, and 42 -units at Majestic Gardens that provide permanent supportive housing units for extremely low -income individuals and families including those being discharged from publicly funded institutions and systems of care. 554
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Discussion
The City provides housing flex funds under CDBG public services to pay security deposits and rental applications fees as well as emergency rental and utility assistance to assist those experiencing homelessness and provide homeless prevention services. The City also leverages state funding sources to provide additional rapid rehousing services, credit repair, and rental subsidies to provide additional resources for people experiencing homelessness and at -risk of homelessness in the City of Visalia.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction
Visalia’s 2025/26-2029/30 Analysis of Impediments to Fair Housing Choice identified the following impediments to affordable housing:
• Lack of affordable housing
• Residents vulnerable to displacement
• Lack of housing opportunities for special needs populations (residents living with disabilities, seniors, large households, and residents experiencing homelessness) Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City has taken actions in recent years to support residential development through changes in zoning, further streamlining permitting processes, and reducing impact fees. Visalia has made changes to residential zone districts following the City’s Housin g Element update. The City increased the highest allowed multi -family density permitted by right to 15 to 35 units per acre, provided that the development does not exceed 80 units. The City implemented an Affordable Housing Infill Incentive Program, which reduces Transportation Impact Fees for qualifying projects that meet the infill criteria outlined in the City’s Development Fee Schedule. In the downtown area, waivers for parking requirements have been given based on past use of the building spaces.

There are multiple policies and programs in the 2023 Housing Element Update that address promoting incentives for affordable housing that include priority permit processing and modified zoning provisions. New programs in the Housing Element update propose remov ing conditional use requirements for housing in certain commercial zone designations. These Housing Element Programs are organized into nine Goal categories, as follows:

1. New Construction - To provide a broad range of housing types and densities to meet the needs of all Visalia residents.

2. Mixed Use, Infill, and Downtown Development - To promote mixed use, infill, and Downtown development in Visalia.

3. Encourage Affordable Housing - To encourage construction and maintenance of affordable housing in Visalia.

4. Foreclosures - To prevent foreclosures, protect affected families, and stabilize neighborhoods impacted by foreclosures.

5. Special Needs/Homeless- To provide a range of housing types and services to meet the needs of households with special needs within the city.

6. Housing Rehabilitation Program - To maintain healthy neighborhoods by improving the condition of the existing housing stock and providing for a variety of housing types, sizes, price ranges, and densities compatible with the existing residential neighborhoods.

7. Equal Opportunity Housing and Discrimination Prevention - To provide decent housing and a quality of living environment for all Visalia residents regardless of age, religion, race, creed, gender, sexual orientation, marital status, ancestry, national origin, disability, economic level, and other arbitrary factors.

8. Energy Conservation - To encourage energy efficiency in all new and existing housing. 556
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9. Implementation Monitoring - To ensure that Housing Element programs are implemented on a timely basis and the progress of each program is monitored and evaluated annually.

Discussion:

See above

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AP-85 Other Actions – 91.220(k)
Introduction:

The following section provides HUD with other activities, projects, and actions the City is undertaking to reduce homelessness and improve housing affordability. Examples include the completion of the AI and identifying the barriers and impediments to affordable housing, supporting homeless programs, public and private solutions for affordable, annual administration of CDBG and HOME funds and attendance of city meetings and CoC meetings.

Actions planned to address obstacles to meeting underserved needs The City’s 2025/26 -2029/30 Analysis of Impediments to Fair Housing Choice includes the following identified actions which will begin to be undertaken in FY2025-26 to meet underserved needs:
• Conduct landlord education and outreach on source of income discrimination and voucher programs with the goal of increasing landlord participation in the voucher program. (HE Program 3.6)
• Expand and prioritize affordable housing development in high and highest resource areas and near public transit. (HE Program 7.2)
• Budget for and implement plans and strategies for communities, prioritizing neighborhoods designated for low-income and mixed-income housing opportunities in the sites inventory. (HE Program 7.2)
• Promote the development of ADUs, prioritizing the high and highest resource areas of the city. (HE Program 3.15)
• Implement small-scale placemaking projects/events in central and northeastern parts of Visalia. (HE Program 7.3)
• Work with local nonprofit organizations, including Self-Help Enterprises and Habitat for Humanity of Tulare County, to expand and spread awareness on home and accessibility rehabilitation programs. (HE Program 7.3)
• Collaborate with TCAG to prepare a study on transit needs for Visalia residents and identify actions to address those needs, focusing on connecting residents to job centers.

Work with TCAG to expand transit services that connect Visalia to other cities in the County. (HE Program 7.3)
• Coordinate with the Public Works Department to review the City’s Capital Improvement Projects (CIP) to ensure public facilities and infrastructure are supportive of the needs of underserved communities.
• Implement plans and strategies to decrease pollution burden in northern and central parts of Visalia. Strategies should include improving air, reducing lead risk from housing, as well as addressing proper remediation plans for cleanup sites and hazardous waste sites.
• Facilitate the development of housing for persons with disabilities (including developmental disabilities) through incentives for affordable housing development with services, resources, and assistance. (HE Program 5.9)
• Partner with qualified housing developers to identify affordable housing development opportunities with emphasis on promoting housing choices that serve the needs of • Prioritize capital improvement projects, including renovation of parks and amenities, in low-resource areas (central and northeastern parts of Visalia). 558
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special needs populations, including seniors, homeless, female-headed households, large families, low-income, and/or persons with disabilities in RCAA’s. (HE Program 5.9) • Work with the local nonprofit organizations to implement an outreach program informing residents of the housing and services available for persons with disabilities. The City shall make information available on the City website. (HE Program 5.9) • Prioritize public health, education, economic, and safety programs in lower-resource areas as defined by TCAC in coordination with area public health entities (e.g., Kaweah Health), Visalia Transit, the City’s Community Development Department, local school districts, workforce development groups, and the City’s Police Department. (HE Program

7.3)
• Monitor and support the development of housing for farmworkers through coordination non-profit organizations. (HE Program 5.9)
• Identify addresses and compile a mailing list with email addresses to focus outreach to neighborhoods in lower resource areas of the city to prioritize services in these areas. (HE Program 7.3)
• Encourage the development of both large rental units (for large family needs) and small units. In consultation with developers, identify and provide incentives for developers to include three and four-bedroom apartments in affordable, multi-family, and/or mixed-use projects to expand rental opportunities for large households, and incentives for developers to construct or rehabilitate housing for single-use occupancy or micro-units. • Support the development of missing middle housing by identifying and eliminating development constraints and amending the Zoning Code to be consistent with SB 9. • Develop and publicize financial and regulatory incentive opportunities to developers. • Identify lenders/realtors that have not been certified through the CalHome Reuse Program; conduct outreach to this group to promote certification. • Partner and contract with fair housing service providers for outreach, education, testing, and enforcement. Facilitate bi-annual workshops (at minimum). • Expand awareness of predatory lending practices, fair housing requirements, regulations, and services by distributing educational materials to property owners, realtors, apartment managers, and tenants. (HE Program 7.1) • Increase participation in homeownership education and assistance programs for historically underrepresented residents in the homeownership market by identifying • Provide informational seminars to area residential real estate agents and brokers on fair housing laws and regulations
• Provide informational workshops for residents to provide education and awareness to tenants, of fair housing federal and State fair housing laws and support prospective and existing tenants who are experiencing discrimination
• Provide trainings for property owners/managers on the requirements of federal and State fair housing laws to prevent discrimination (HE Program 7.1) • Hold (at minimum) annual program workshops for local lenders to promote affordable housing programs.
• Continue and if feasible expand funding for information and referral services that direct families and individuals with financial resources for housing rental or purchase, locating suitable housing, and obtaining housing with special needs facilities such as disabled- accessible units. (HE Program 7.1)
• Post brochures on the City website for resident access. 559
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sources of funding to support homeownership assistance programs and establish non- profit partnerships to for outreach campaigns to spread awareness of available assistance programs. (HE Program 4.1)
• Annually (at minimum) track income and demographic data of affordable housing participants to evaluate additional strategies to increase affordable housing knowledge. • Develop an outreach strategy to reduce community opposition to affordable housing development in Visalia. The strategy should include partnerships with local community organizations to identify and implement methods for spreading awareness on the need for affordable housing and the positive impact it has on individuals, families, and the community. (HE Program 1.4)
• Reevaluate contract with CCFHC; conduct a desk audit/review of program operations and service delivery (focus on feedback and City-observed experiences with lack of/delay in response to callers/individuals making inquiries). • Expand existing online resources by developing a web-based Housing Development Toolkit that outlines a step-by-step process for residential development, including identifying steps in the entitlement and building permit process, detailed information on development incentives, and funding programs and resources for affordable housing development. (HE Program 3.2)
• In response to current constraints identified by stakeholders related to multi-family development on large lots, the City shall amend the zoning code to establish objective design standards and increase the maximum unit threshold for by-right processing from 80 units to 200 units. Transitional and supportive housing is allowed by-right in multi- family residential. (HE Program 1.3)
• Monitor complaints regarding unfair/predatory lending and assess lending patterns by working with non-profit agencies that specialize in fair housing to provide data. Require the Central CA Fair Housing Council (CCFHC) to provide quarterly reports to the City on complaints received.
• Require CCFHC to provide reports to the City biannually (at minimum) of support provided to local nonprofits in applying for FHIP.
• Require CCFHC to regularly report to the City on outcomes/outputs. • Promote landlord mitigation program that provides financial benefits to landlords of housing units to mitigate damages caused by Section 8 tenants. • Conduct (at minimum) annual outreach to local lenders to encourage them to provide financing information to low- and moderate-income residents. • Annually, review the City’s outreach methods, using feedback from resident surveys and focused discussions with community organizations to inform online, mail, and in-person outreach methods.
• Increase participation of historically underrepresented residents in all City housing programs and community planning activities.
• Collaborate with stakeholders from all sectors and geographic areas to engage in the public participation process. (HE Program 1.4)
• Host fair housing workshops annually (at minimum) in partnership with fair housing advocates to educate citizens about fair housing rights. 560
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Actions planned to foster and maintain affordable housing The single-family and senior mobile home repair programs being undertaken with CDBG funds are focused on maintaining affordable housing and keeping seniors and disabled individuals in their homes, avoiding displacement that would result in increased housing costs. The City will also undertake several multi -family housing projects using HOME funding, one of which will be targeted at seniors, contributing to the increased availability of affordable housing options in the jurisdiction.

Actions planned to reduce lead-based paint hazards
Currently the City’s housing rehabilitation or home improvement programs and down payment assistance programs require lead-based paint inspections and/or abatement. Applicants of these programs are provided brochures informing of the health risks of lead -based paint as part of the application process. In addition, City building inspectors and Code Enforcement staff are alerted to signs of this hazard as they perform their substandard housing inspections. The City requires its Subrecipients, Developer partners and rehabilitation contractors of federally funded programs to utilize safe practices and obtain certification through a HUD certified lead testing agency.

Actions planned to reduce the number of poverty-level families The City’s emergency shelter development project is intended to provide needed supports for homeless populations, with a goal of improving their situation and ultimately fostering financial independence.

The City works with its non-profit partners to reduce the number of poverty-level families. The City will also continue to provide its non -profit partners with funding to acquire, rehabilitate, and sell and rent homes or multi-family units to income-qualifying households at or below 80% AMI.

Additionally, the City has made a commitment to improve the communication and service delivery capabilities of agencies and organizations that provide programs to assist the homeless.

Specifically, Staff participates in the monthly Continuum of Care (Allia nce) meeting, and various homeless task groups to identify funding and opportunities to provide Visalia’s homeless population with housing and service opportunities.

The City will also continue to partner with organizations to provide services and address the full range of needs of LMI families. Although there are coordinated programs and services to reduce poverty, it is recognized that many unmet needs will remain. T he City will continue to work with its partners to identify and work toward meeting those needs by strategically focusing its resources and efforts.

Actions planned to develop institutional structure
The City is a charter city and is managed under a Council-manager form of government. The City Council provides policy direction to the City Manager who is responsible for administering City operations. City Council members are the leaders and policymakers elected to represent the community and concentrate on policy that addresses the citizens’ needs and wishes. The City Manager is appointed by the City Council to carry out policy and ensure that the entire community is served. The legislative body is the City Council and City Councilmembers are the community’s decision makers. Visalia voters elect a 5 -member Council to serve as the City's legislative and governing body. The members represent the City and their respective Districts, serve four -year terms and they select one member to serve as mayor and one to serve as vice- mayor. A general 561
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municipal election is held every two years in November, alternating between two and three positions each cycle.

The Finance Department, Housing Division, oversees and administers the day-to-day activities of the CDBG, HOME, and other state and federal funded programs. Housing staff works with various City departments to develop programs and activities that improve low -and moderate -income neighborhoods throughout the City. The administration of program activities includes housing, public services, public facilities, park and infrastructure improvements, and affordable housing.

The City has no additional actions planned to develop its institutional structure. The City will continue to work closely with the County of Tulare Housing Authority, as well as adjacent units of government and Tulare County.

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to work with its partners to identify funding opportunities for providing affordable housing and public services. The City will continue its partnerships with non -profit organizations in the community. Additionally, the City will con tinue to work with the Alliance for the ongoing partnering with housing, service, and faith -based organizations to discover and address gaps in service.

Discussion
See above

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AP-90 Program Specific Requirements –

91.220(l)(1,2,4)
Introduction:

In the event that ultimate CDBG or HOME grant allocations do not match the expected totals listed in the AAP, the City may add, subtract or transfer amounts among identified projects, as noted without publishing a substantial amendment, if the amount is below a 75% change, as per the approved Citizens Participation Plan. Any difference in CDBG funding will be reflected in the emergency shelter public infrastructure line item and, if needed, Public services to maintain compliance with the 15% cap and Admini stration to maintain the 20% cap. A ny difference in HOME funding will be reflected in the SHE CHDO senior housing project, and if needed , Administration to maintain the 10% cap. The three-year period (2023, 2024, & 2025) will be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income.

Community Development Block Grant Program (CDBG),
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $50,000

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan
$0.00

3. The amount of surplus funds from urban renewal settlements $0.00

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0.00

5. The amount of income from float-funded activities $0.00 Total Program Income $50,000

Other CDBG Requirements

1. The amount of urgent need activities 0%

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low- and moderate-income
100%

3. Overall benefit: A consecutive period of 1, 2, or 3 years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low-and-moderate income- Specify the years covered that include the action plan 3-year period
2023, 2024,
and 2025

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HOME Investment Partnership Program (HOME), Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

No other form of investment shall be used beyond those identified in Section 92.205. 2.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

No HOME funds will be used for homebuyer activities in Program Year 2025.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds (See 24 CFR 92.254(a)(4)) are as follows:

Not Applicable.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

Not applicable.

5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR

92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).

A HOME TBRA program is not planned in the Program Year 2025 Annual Action Plan.

6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and

91.220(l)(2)(vii)).

A HOME TBRA program is not planned in the Program Year 2025 Annual Action Plan.

7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR 92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note:

Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).

Not applicable.

Discussion
See above.

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Appendices
Appendix “A” – 2025 Summary Detail
FY 2025/26 Annual Action Plan Summary Detail

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Appendix “B” – Citizen Participation
30-day Public Comment Period

English Public Notice

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English Public Notice Proof of Publication

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Spanish Public Notice

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Spanish Public Notice Proof of Publication

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City Website Post

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City Newsletter Post

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City Social Media Posts

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Calendar Events
April 2, 2025

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Calendar Events
April 7, 2025

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Calendar Events
April 21, 2025

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Instagram 3.21.2025

Facebook 3.21.2025

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Twitter 3.24.2025

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LinkedIn 3.24.2025

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KTHA Listserv Post

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Staff Report – April 21, 2025

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30-day Citizen Participation

Public Comment Period: March 21, 2025 – April 21, 2025

The City of Visalia held a 30-day public comment period seeking community input on the draft Program Year (PY) 2025 through 2029 Consolidated Plan (ConPlan), including the Analysis of Impediments to Fair Housing Choice (AI), Citizen Participation Plan (CPP), and PY 2025 Annual Action Plan from March 21, 2025, through April 21, 2025. The City took several steps to seek community input on the draft 2025-2029 Consolidated Plan. An English and Spanish public notice was published in the Visalia Times Delta on March 18, March 21, and April 1, 2025. The draft 2025 – 2029 Consolidated Plan, AI, CPP, and 2025 Annual Action Plan were available for public review on the city’s website at www.visalia.city. Public notices of the draft plans were included in the City social media outlets, the City’s News Page, and the City Hall Newsletter.

Public notices were also posted at the following City locations City Hall at 707 West Acequia Avenue, Community Development Department at 315 East Acequia Avenue, Administrative Office at 220 North Santa Fe Street, the Visalia Transit at 425 East Oak Avenue, the Visalia Branch Library at 200 W. Oak Ave., and two community centers—Anthony Community Center at 345 N. Jacob St., and Visalia Senior Center at 310 N. Locust St. Public notices were also included in the Kings Tulare Homeless Alliance listserv to over 450 community stakeholders.

The following public meetings were conducted during the 30-day public comment period:

• Citizens Advisory Committee (CAC) Community Meeting - April 2, 2025, at 5:30pm o Comments received: Attendees were pleased that additional affordable housing and ADA improvements were included in the next 5-year ConPlan.

• City Council Public Hearing - April 7, 2025, at 7:00pm o Comments received: City Council noted they were pleased that the Council’s and the Citizen’s community needs were aligned. No public comments were received.

• City Council Public Hearing – April 21, 2025, at 7:00pm o Comments received: No public comments were received.

The following public comments were received during the 30-day public comment period:
• No additional public comments were received during the 30-day public comment period.

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Appendix “B-2” – 2025 Annual Action Plan Amendment
Citizen Participation

Draft PY 2025/26 Annual Action Plan Amendment Summary Detail

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Appendix “B-2” – Citizen Participation

English Public Notice

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English Public Notice Proof of Publication

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Appendix “B-2” – Citizen Participation

Spanish Public Notice

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Spanish Public Notice Proof of Publication

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Appendix “B-2” – Citizen Participation

City Website Post

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Appendix “B” – Citizen Participation

KTHA Listserv Post

To be added.

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Social Media Posts

Facebook

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Instagram

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Twitter

Appendix “B-2” – Citizen Participation

Citizen Participation Process

The City of Visalia held a 30-day public comment period seeking community input on the draft Program Year (PY) 2025 Annual Action Plan Amendment, from March 20, 2026, through April 20, 2026. The City took several steps to seek community input on the draft PY 2026 Annual Action Plan. An English and Spanish public notice was published in the Visalia Times Delta on March 17, March 20, and April 1, 2026.

The draft PY 2025 Annual Action Plan Amendment was available for public review on the city’s website at www.visalia.city. A public notice of the draft PY 2025 Annual Action Plan Amendment was included in the City social media outlets, the City’s News Page, and the City Hall Newsletter. Public notices were also posted at the following City locations City Hall at 707 West Acequia Avenue, Community Development Department at 315 East Acequia Avenue, Administrative Office at 220 North Santa Fe Street, and Visalia Transit at 425 East Oak Avenue. Public notices were included in the Kings Tulare Homeless Alliance listserv to over 400 stakeholders and the Visalia Chamber of Commerce listserv.

The following public meetings were conducted during the 30-day public comment period:
• City Council Public Hearing - April 6, 2026, at 7:00pm • Citizens Advisory Committee - April 1, 2026, at 5:30pm • City Council Public Hearing - April 20, 2026, at 7:00pm 604
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Public Comments Received
The following comments were received during the community meetings and city council public hearings:
• Citizens Advisory Committee (CAC) Community Meeting - April 1, 2026 o Comments to be added.
• City Council Public Hearing - April 6, 2026
o Comments to be added.
• City Council Public Hearing – April 20, 2026
o Comments to be added.

The following public comments were received throughout the 30-day public comment period:
• Comments to be added following the 30-day public comment period.

Appendix “C” – City of Visalia Maps

Visalia 2025 Low/Moderate-Income Areas (LMA) Map

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CDBG Low-Mod Census Tracts, via HUD Mapping Tool at https://egis.hud.gov/cpdmaps/.

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2026 Annual Action Plan
& 2025 Annual Action Plan
Amendment Adoption
April 20, 2026
F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n 607
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
U.S. Department of Housing & Urban Development (HUD)
HUD administers programs and grants that provide
housing and community development assistance.
Visalia’s HUD entitlement grants:
Community Development Block Grant (CDBG)
HOME Investment Partnership Program (HOME)
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
Community Development Block Grant (CDBG)
Supports community development by providing decent
housing, suitable living environment, and expansion of
economic opportunities.
Activities Must Meet At-Least One:
Benefit low- or moderate-income persons or areas
Eliminate slums or blight
Meet an urgent emergency
609
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
HOME Investment Partnerships Program (HOME)
Supports increasing affordable housing opportunities.
Eligible Activities:
Homebuyer Assistance
Rehabilitation for Owner-Occupants
Rental Housing Production
Tenant-Based Rental Assistance
610
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
Amendments
Appropriate unspent funds or additional funds received.

Annual Action Plan
Implements ConPlan approved
activities and projects.

Awards contracts to do as
approved in the ConPlan.
5-Year ConPlan
Establishes activities and project goals.

Funding Process
611
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
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4/1/26

CITIZEN

ADVISORY

COMMITTEE
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4/6/26
PUBLIC

HEARING

REVIEW &

COMMENT
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4/20/26
PUBLIC

HEARING

ADOPTION
30-Day Public Comment Period
March 20 – April 20
We are here.
612
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
Table 1: 2026 CDBG and HOME Allocations
Activity Estimated Actual Difference
2026 CDBG Allocation $1,150,000 $1,074,517 ($75,483)
2026 HOME Allocation 425,000 415,273 (9,727)
Total $1,575,000 $1,489,790 ($85,210)
613
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
Table 2: 2026 CDBG Projected Resources
Activity Estimated Actual Difference
2026 Annual Grant Allocation $1,150,000 $1,074,517 ($75,483) 2026 Program Income 50,000 50,000 -
Total $1,150,000 $1,124,517 ($75,483)
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visalia.gov
Table 3: 2026 CDBG Proposed Funding
Activity Estimated Actual Difference
Administration (20% cap*) $240,000 $224,900 ($15,100)
Public Services:

Kings Tulare Homeless Alliance – Point-In-Time Count $20,000 $20,000 $ - Family Services of Tulare County – PSH Match 50,000 50,000 - CSET – Fair Housing Education 30,000 30,000 -
*New Salt + Light – Street Outreach & Housing Flex Funds 80,000 68,000 ($12,000) Total Public Services (15% Cap*) $180,000 $180,000 ($12,000 ) Affordable Housing:

Self-Help Enterprises – Single-Family Home Repair Program $100,000 $100,000 $ - Self-Help Enterprises - Senior Mobile Home Repair Program 100,000 100,000 - Code Enforcement Services - In Low-Mod Areas 195,000 195,000 - Total Affordable Housing $395,000 $395,000 -
Public Facility Improvements:

Park Improvements – Lincoln Oval Park Fence & Lighting $140,000 $140,000 $ - ADA Compliance – ADA Tree Wells Project* 245,000 196,617 (48,383) Total Public Facility Improvements $385,000 $336,617 (48,383) Total 2026 CDBG Proposed Funding $1,200,000 $1,124,517 ($75,483) 615
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
Table 4: 2026 HOME Projected Resources
Activity Estimated Actual Difference
2026 Annual Grant Allocation $425,000 $415,273 ($9,727) 2026 Program Income 100,000 100,000 -
Total $525,000 $515,273 ($9,272)
616
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
Table 5: 2026 HOME Proposed Funding
Activity Estimated Actual Difference
HOME Administration $50,000 $50,000 $ -
HOME-CHDO Crescent Meadows* 475,000 465,273 (9,272)
Total $525,000 $515,273 ($9,272)
617
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
Table 6: 2025 Annual Action Plan Amendment
Activity Approved Adjustment Proposed
Emergency Shelter Development $900,000 ($900,000) $ - ADA Tree Wells Compliance Project - 900,000 900,000
Total $900,000 $ - $900,000
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
Action Tonight
Staff Recommends:
Conduct a second Public Hearing.
Motion to approve and appropriate funds for:
2026 Annual Action Plan (AAP)
2025 AAP Amendment
Motion to enter all contracts in 2026 AAP & 2025 AAP Amendment. Authorize submission to HUD.
619
Thank you
for your time.
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F i n a n c e D e p a r t m e n t – H o u s i n g D i v i s i o n visalia.gov
Notice of Funding Availability (NOFA)
NOFA was opened: January 5th – February 5th.
NOFA was published on:
Visalia Times Delta
City’s Purchasing Webpage
Central Valley Purchasing System
BidNet
Kings/Tulare Homeless Alliance listserv to 650+ recipients 621
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0748 Agenda Date: 4/20/2026 Agenda #: 2.

Agenda Item Wording:

Measure N Public Hearing- Conduct the first of two public hearings on the proposed 10-year plan (2027-2037) and approve the 2026/27 & 2027/28 proposed budget.

Agenda Date: 04/20/2026
Prepared by: Renee Nagel, Finance and Technology Director,559-713-4375, [email protected], Amee Swearingen, Budget Analyst, 559-713-4170, [email protected]
Department Recommendation: That the City Council conduct the first of two public hearings to receive comment on the proposed 2027-2037 10-year plan for Measure N and the 2026/27 & 2027/28 Measure N proposed budget.

Summary:

Measure N has been able to enhance the City by adding and equipping 57 essential positions, growing youth services, and improving streets, parks, trails, and buildings over the last nine fiscal years. Next fiscal year completes the original plan. The proposed new 10-year plan is a continuation of current services and continues to add additional resources.

Background Discussion:

In November of 2016, the voters of Visalia passed a ½ cent Sales Tax Override, Measure N also known as Visalia Essential City Services Measure. Sales Tax from Measure N provides essential city services such as police, fire, and recreation, as well as maintenance of parks, trails, and roads. The measure uses a detailed, 10-year plan which includes hiring of personnel, construction of capital projects and equipment purchases.

As part of the measure, Council adopted an Accountability Ordinance (Ordinance 16-21) to establish accountability measures as outlined:

Revenue Requirements:
· 10% of budgeted revenues must be maintained in an Uncertainty Fund. This money can only be accessed during a fiscal emergency;
· 10% of budgeted revenues must be deposited into the following two categories:
o 2% into Youth Programs
o 8% into Maintenance and Emerging Needs
Expenditure Requirements:
· Tax money shall not be used for debt service payments; · The annual expenditure plan must be approved by Council after the following process has Visalia City Council Printed on 4/15/2026Page 1 of 10
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File #: 25-0748 Agenda Date: 4/20/2026 Agenda #: 2.
occurred:
o City Manager makes a recommendation to City Council and makes changes as requested by Council;
o Staff receives comments and recommendation by Sales Tax Oversight Board; o Staff conducts two public hearings at regular Council Meetings to consider expenditure plan. (tonight’s 1 of 2 public hearings)
The Measure N Budget requires two public hearings and has to be adopted by June 30, 2026 to be able to spend in FY 2026/27. In order to meet this timeline, staff presents the Measure N budget separately from the Citywide budget. The next 10-year plan and the proposed Measure N budget for FY 2026/27 and 2027/28 was reviewed with Council on March 16, 2026. The Measure N Oversight Committee reviewed both the plan and the proposed budget on March 26, 2026 and approved the recommended budget and plan.

The plan is currently in the 9th year and has had amendments throughout the years to add additional staff, programs and capital. The final year of the original plan is FY 26/27 and is the first year of the upcoming two-year budget that is currently being prepared. A new plan will need to be approved to allow the second year of the proposed budget (FY 27/28) to be appropriated.

Proposed New 10-Year Plan:

The new proposed 10-year plan continues with the original intent of the plan to provide essential city services and maintenance of parks, trails and roads. The plan will continue to fund everything that is in the current 10-year plan plus add additional full-time employees, capital and increase maintenance funding. Below are the additional items being proposed to add by category.

Essential Services
Police:
· Hire personnel and purchase the required equipment & vehicles for the following positions:
o 7 Police Officers
o 2 Community Service Officers
o 2 Professional Staff
Streets:
· Annual street maintenance of $4 million increasing by .05% annually.

Fire:
· Design and Construct Station 57
· Purchase Station 57 engine
· Hire 3 of the required 9 full-time employees for Station 57 Visalia City Council Printed on 4/15/2026Page 2 of 10
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File #: 25-0748 Agenda Date: 4/20/2026 Agenda #: 2.

Parks and Recreation:
· Annual Trailway, Tree, Building and Parks maintenance increasing 2% annually:

Maintenance & Emerging Needs 8%
· Building maintenance of $1.1 to $1.5 million annually · Remainder of the 8% of budget revenues to fund emerging needs Youth 2%
· Fund a total of 2% of budgeted revenues for Police and Recreation youth programs Uncertainty Fund Balance
· Maintain the Uncertainty Fund at 30% of operating expenditures.

The cost associated with the next 10-year plan which includes the current staffing, current programs, capital, and proposed additional expenditures is shown in Table 1: Measure N Next 10 Year Plan Projection.

Table 1: Measure N Next 10 Year Plan Projection
Year 11 Year 15 Year 20
2027-28 2031-32 2036-37 Total Comments
Measure N Total Revenues
Sales Tax 20,173,600 22,595,200 26,194,000 230,241,900
Interest & Misc Earnings 855,000 925,400 840,400 8,647,400 Total Revenues 21,028,600 23,520,600 27,034,400 238,889,300 Essential Services
Revenues
Sales Tax 18,156,200 20,335,700 23,574,600 207,217,700
Interest & Misc Earnings 600,000 649,400 535,700 5,855,600 Total Revenues 18,756,200 20,985,100 24,110,300 213,073,300 Expenditures
Police
Continued Expenses From 1st 10 Yrs9,356,600 10,648,600 12,621,100 108,937,100 44 Employees Personnel - Police Officers 173,600 571,400 1,462,600 7,485,200 7 New Employees Personnel - Professional Staff 115,700 352,100 542,400 3,236,900 4 New Employees New Personnel Equipment 9,000 10,900 79,400 New Body Cam/in-Car 4,600 4,900 36,200 New Vehicles 109,000 179,400 987,800
Fire
Continued Expenses From 1st 10 Yrs2,119,900 2,321,300 2,790,400 23,895,100 9 Employees Station 57 15,100,000
Engine 57 1,500,000
Station 57 Personnel 774,200 1,522,200 3 New Employees Streets Capital 4,020,000 4,100,000 4,205,000 41,115,000 Increase .05% annually Parks & Recreation
Continued Expenses From 1st 10 Yrs628,900 695,700 822,000 7,126,600 4 Employees Trailway Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually Tree Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually Building Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually Parks Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually State Sales Tax Fees 237,200 256,600 283,200 2,595,600 Total Expenditures 17,019,300 19,405,700 23,793,300 216,296,300 2% Youth - Police & Rec
Revenues
Sales Tax 403,500 451,900 523,900 4,604,900 Interest 51,000 55,200 60,900 558,100 Total Revenues 454,500 507,100 584,800 5,163,000 2% Youth - Police & Rec Exp 403,500 451,900 523,900 4,604,900 8% Maintenance & Emerging Needs
Revenues
Sales Tax 1,613,900 1,807,600 2,095,500 18,419,300 Interest 204,000 220,800 243,800 2,233,700 Total Revenues 1,817,900 2,028,400 2,339,300 20,653,000 Expenditures
Building Maintenance 1,500,000 1,200,000 1,200,000 12,000,000 Emerging Needs 561,900 607,600 895,500 6,867,300 Total Expenditures 2,061,900 1,807,600 2,095,500 18,867,300 Visalia City Council Printed on 4/15/2026Page 3 of 10
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File #: 25-0748 Agenda Date: 4/20/2026 Agenda #: 2.

Year 11 Year 15 Year 20
2027-28 2031-32 2036-37 Total Comments
Measure N Total Revenues
Sales Tax 20,173,600 22,595,200 26,194,000 230,241,900
Interest & Misc Earnings 855,000 925,400 840,400 8,647,400 Total Revenues 21,028,600 23,520,600 27,034,400 238,889,300 Essential Services
Revenues
Sales Tax 18,156,200 20,335,700 23,574,600 207,217,700
Interest & Misc Earnings 600,000 649,400 535,700 5,855,600 Total Revenues 18,756,200 20,985,100 24,110,300 213,073,300 Expenditures
Police
Continued Expenses From 1st 10 Yrs9,356,600 10,648,600 12,621,100 108,937,100 44 Employees Personnel - Police Officers 173,600 571,400 1,462,600 7,485,200 7 New Employees Personnel - Professional Staff 115,700 352,100 542,400 3,236,900 4 New Employees New Personnel Equipment 9,000 10,900 79,400 New Body Cam/in-Car 4,600 4,900 36,200 New Vehicles 109,000 179,400 987,800
Fire
Continued Expenses From 1st 10 Yrs2,119,900 2,321,300 2,790,400 23,895,100 9 Employees Station 57 15,100,000
Engine 57 1,500,000
Station 57 Personnel 774,200 1,522,200 3 New Employees Streets Capital 4,020,000 4,100,000 4,205,000 41,115,000 Increase .05% annually Parks & Recreation
Continued Expenses From 1st 10 Yrs628,900 695,700 822,000 7,126,600 4 Employees Trailway Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually Tree Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually Building Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually Parks Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually State Sales Tax Fees 237,200 256,600 283,200 2,595,600 Total Expenditures 17,019,300 19,405,700 23,793,300 216,296,300 2% Youth - Police & Rec
Revenues
Sales Tax 403,500 451,900 523,900 4,604,900 Interest 51,000 55,200 60,900 558,100 Total Revenues 454,500 507,100 584,800 5,163,000 2% Youth - Police & Rec Exp 403,500 451,900 523,900 4,604,900 8% Maintenance & Emerging Needs
Revenues
Sales Tax 1,613,900 1,807,600 2,095,500 18,419,300 Interest 204,000 220,800 243,800 2,233,700 Total Revenues 1,817,900 2,028,400 2,339,300 20,653,000 Expenditures
Building Maintenance 1,500,000 1,200,000 1,200,000 12,000,000 Emerging Needs 561,900 607,600 895,500 6,867,300 Total Expenditures 2,061,900 1,807,600 2,095,500 18,867,300 Visalia City Council Printed on 4/15/2026Page 4 of 10
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File #: 25-0748 Agenda Date: 4/20/2026 Agenda #: 2.

Year 11 Year 15 Year 20
2027-28 2031-32 2036-37 Total Comments
Measure N Total Revenues
Sales Tax 20,173,600 22,595,200 26,194,000 230,241,900
Interest & Misc Earnings 855,000 925,400 840,400 8,647,400 Total Revenues 21,028,600 23,520,600 27,034,400 238,889,300 Essential Services
Revenues
Sales Tax 18,156,200 20,335,700 23,574,600 207,217,700
Interest & Misc Earnings 600,000 649,400 535,700 5,855,600 Total Revenues 18,756,200 20,985,100 24,110,300 213,073,300 Expenditures
Police
Continued Expenses From 1st 10 Yrs9,356,600 10,648,600 12,621,100 108,937,100 44 Employees Personnel - Police Officers 173,600 571,400 1,462,600 7,485,200 7 New Employees Personnel - Professional Staff 115,700 352,100 542,400 3,236,900 4 New Employees New Personnel Equipment 9,000 10,900 79,400 New Body Cam/in-Car 4,600 4,900 36,200 New Vehicles 109,000 179,400 987,800
Fire
Continued Expenses From 1st 10 Yrs2,119,900 2,321,300 2,790,400 23,895,100 9 Employees Station 57 15,100,000
Engine 57 1,500,000
Station 57 Personnel 774,200 1,522,200 3 New Employees Streets Capital 4,020,000 4,100,000 4,205,000 41,115,000 Increase .05% annually Parks & Recreation
Continued Expenses From 1st 10 Yrs628,900 695,700 822,000 7,126,600 4 Employees Trailway Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually Tree Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually Building Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually Parks Maintenance 61,200 66,200 73,100 669,800 Increased 2% annually State Sales Tax Fees 237,200 256,600 283,200 2,595,600 Total Expenditures 17,019,300 19,405,700 23,793,300 216,296,300 2% Youth - Police & Rec
Revenues
Sales Tax 403,500 451,900 523,900 4,604,900 Interest 51,000 55,200 60,900 558,100 Total Revenues 454,500 507,100 584,800 5,163,000 2% Youth - Police & Rec Exp 403,500 451,900 523,900 4,604,900 8% Maintenance & Emerging Needs
Revenues
Sales Tax 1,613,900 1,807,600 2,095,500 18,419,300 Interest 204,000 220,800 243,800 2,233,700 Total Revenues 1,817,900 2,028,400 2,339,300 20,653,000 Expenditures
Building Maintenance 1,500,000 1,200,000 1,200,000 12,000,000 Emerging Needs 561,900 607,600 895,500 6,867,300 Total Expenditures 2,061,900 1,807,600 2,095,500 18,867,300 The proposed plan was established in order to be balanced, with the forecasted revenues covering expenditures. Sales Tax revenue was forecasted conservatively by growing 2.5% in the first two years and then growing 3% every year after that. Staff was conservative with ongoing expenditures but still able to add personnel and increase annual maintenance. The new fire station (Station 57) is using cash from fund balance. If revenues are higher and/or expenditures are lower then the plan, the annual budget can be amended to add one-time capital projects or increase the annual street maintenance. Staff encourages street maintenance to be high on the list to receive additional revenues as available due to streets maintenance receiving a lesser percentage increase annually than the other categories. Costs associated with street maintenance is growing due to new development and rising costs. Like the first plan, elements can be moved forward or pushed out based on needs.

The detailed sheet showing each year of the plan and when elements are added is included as Attachment A.
2026-2027 & 2027-2028 Proposed Budget
The budget includes the amended expenditure plan as shown in Table 2 - 2026/27 Proposed Measure N Plan (Year 10). The recommended budget for the 2026/27 budget is $39.6 million. This budget does not include any expenditures for the Emerging Needs category which will be brough back to Council and the Oversight Committee once a policy and/or plan has been established.

Table 2
2026/27 Proposed Measure N Amended Plan (Year 10)
Police 29 Police Officers 5,321,400 2% Youth Programs 15 Professional Staff 2,317,900 Youth Programs 393,600 2 Police Cars & Equipment 217,000
1 Replace Wrecked Vehicle 91,500 8% Maintenance & Emerging Needs Operating Expenses 1,087,400 Building Maintenance 1,500,000 Body Cameras 515,300 Emerging Needs* -
9,550,500 Total 1,500,000
Roads Street Maintenance 4,000,000 Vehicle Replacement Replace Wrecked Vehicle 17,500
2 Park Maintenance Emp. 223,300
1 Urban Forest Emp. 118,000 Grand Total39,582,800 1 Recreation Coordinator 134,900
Trailsway Maintenance 60,000
Tree Maintenance 60,000
Building Maintenance 60,000
New Park Maintenance 60,000
Operating Expenses 127,100
843,300
Fire 9
Deputy Chief, Admin Capt, &
Sqaud Staffing 1,659,300
Operating Expenses 387,000
Additional Appropriation Station
51 21,000,000
23,046,300
Other State Fees, Audits, Accounting231,600
231,600
Essential Serivces Total 37,671,700
Parks
& Rec
*Note: Emerging Needs money will not be
appropriated until staff returns to Council with a
recommended policy/plan.

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Police 29 Police Officers 5,321,400 2% Youth Programs 15 Professional Staff 2,317,900 Youth Programs 393,600 2 Police Cars & Equipment 217,000
1 Replace Wrecked Vehicle 91,500 8% Maintenance & Emerging Needs Operating Expenses 1,087,400 Building Maintenance 1,500,000 Body Cameras 515,300 Emerging Needs* -
9,550,500 Total 1,500,000
Roads Street Maintenance 4,000,000 Vehicle Replacement Replace Wrecked Vehicle 17,500
2 Park Maintenance Emp. 223,300
1 Urban Forest Emp. 118,000 Grand Total39,582,800 1 Recreation Coordinator 134,900
Trailsway Maintenance 60,000
Tree Maintenance 60,000
Building Maintenance 60,000
New Park Maintenance 60,000
Operating Expenses 127,100
843,300
Fire 9
Deputy Chief, Admin Capt, &
Sqaud Staffing 1,659,300
Operating Expenses 387,000
Additional Appropriation Station
51 21,000,000
23,046,300
Other State Fees, Audits, Accounting231,600
231,600
Essential Serivces Total 37,671,700
Parks
& Rec
*Note: Emerging Needs money will not be
appropriated until staff returns to Council with a
recommended policy/plan.

In FY 2026/27, the plan adds 1 professional staff and 2 police officers for the Police Department. The budget for these positions includes equipment and vehicles. In addition, staff is requesting three additional amendments to the plan.

The first amendment is to replace a 2021 patrol unit (212664) that was involved in a front- end collision resulting in a total loss in March 2024. The replacement cost is $109,000. Staff is requesting to appropriate $109,000. This vehicle is multi-funded with $91,500 being funded from Measure N Essential Services Fund and $17,500 from the Measure N Vehicle Replacement Fund.

Second amendment is to add an additional appropriation of $21 million for the construction of Fire Station 51. If the costs come in lower than estimated, any remaining funds will go back to fund balance. The construction contract is anticipated to be awarded in fall of 2026.

Third amendment is adding back the building maintenance project in the Maintenance and Emerging Visalia City Council Printed on 4/15/2026Page 6 of 10
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Third amendment is adding back the building maintenance project in the Maintenance and Emerging Needs Fund (8%). As outlined in the plan, the building maintenance project was funded in the first five years and was not funded in years 6-10. Staff recommends funding the building maintenance project in FY 2026/27 for $1.5 million. This project was originally established to replace and update facilities that are funded by the General Fund. Unfortunately, the 5 years of funding was not enough to cover the high costs to replace/repair roofs, replace HVACs, and repair facilities.

The recommended budget for FY 2027/28 is $19.2 million as shown in Table 3 - 2027/28 Proposed Measure N Plan (Year 11).

Table 3
2027/28 Proposed Measure N Amended Plan (Year 11)
Police 30 Police Officers 5,721,300 2% Youth Programs 16 Professional Staff 2,515,600 Youth Programs 403,500 1 Police Cars & Equipment 122,600
Operating Expenses 1,114,900 8% Maintenance & Emerging Needs Body Cameras 527,800 Building Maintenance 1,500,000 10,002,200 Emerging Needs* -
Total 1,500,000
Roads Street Maintenance 4,020,000
2 Park Maintenance Emp. 233,200
1 Urban Forest Emp. 123,100 Grand Total19,156,500 1 Recreation Coordinator 141,300
Trailsway Maintenance 61,200
Tree Maintenance 61,200
Building Maintenance 61,200
New Park Maintenance 61,200
Operating Expenses 131,300
873,700
Fire 9
Deputy Chief, Admin Capt, &
Sqaud Staffing 1,719,500
Operating Expenses 400,400
2,119,900
Other
State Fees, Audits, Accounting237,200
237,200
Essential Serivces Total 17,253,000
Parks
& Rec
*Note: Emerging Needs money will not be
appropriated until staff returns to Council with a
recommended policy/plan.

In FY 2027/28, the plan adds 1 professional staff and 1 police officer for the Police Department. The budget for these positions includes equipment and vehicles. All other expenditures increased based on estimated costs and growth per the proposed plan.

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Measure N Sales Tax
Measure N sales tax is projected to be higher than the plan as shown in Table 4 - Measure N Sales Tax Projections. This large difference is due to several reasons: the plan being conservative, Visalia continuing to have growth in commercial and residential development, higher cost of goods which increases sales tax, and new regulations on how sales tax is collected and paid from e-commerce purchases.

The table also shows a spike in sales tax in FY 20/21 & FY 21/22 due to the multi-year COVID stimulus money that the Federal Government issued. This one-time money lead to a decrease in FY 22/23 and 23/24 which allowed the sales tax to realign. Last fiscal year, Measure N sales tax increased by 1.8% and is projected to have growth of 2.5% for FY 25/26, 26/27 and 27/28.

Table 4
Measure N Sales Tax Projection
20/21
Original
Plan
20/21
Actuals
21/22
Original
Plan
21/22
Actuals
22/23
Original
Plan
22/23
Actuals
23/24
Original
Plan
23/24
Actuals
24/25
Original
Plan
24/25
Actuals
25/26
Original
Plan
25/26
Projected
26/27
Original
Plan
26/27
Proposed
Sales Tax 11.5 16.9 11.7 19.7 11.9 19.5 12.2 18.4 12.4 18.7 12.7 19.2 12.7 19.7 Difference 5.4 8.0 7.6 6.2 6.3 6.5 7.0 In order to meet the requirements of tracking revenues and expenditures by categories, Measure N is tracked in 5 separate funds. Essential Services, 2% Youth Programs, 8% Maintenance and Emerging Needs, Economic Uncertainty, and Vehicle Replacement. Table 5 - Measure N Fund Balance Summary, shows each fund’sprojected ending cash for both years based on the proposed 2 -year budget.

Table 5
Measure N Fund Balance Summary
2026/27 - Year 10 Beginning Cash
Projected
Revenues Expenditures Transfer Ending Cash
Essential Services 25,494,977 18,463,500 37,671,700 (288,960) 5,997,817 8% Maint & Emerging Needs 6,296,307 1,774,500 2,038,800 6,032,007 2 % Youth Programs 1,723,160 443,600 393,600 1,773,160 Measure N Operating Funds 33,514,444 20,681,600 40,104,100 13,802,984 Economic Uncertainty 3,647,550 288,960 3,936,510 Vehicle Replacement 2,104,002 333,300 17,500 2,419,802 Measure N Total 39,265,996 21,014,900 40,121,600 288,960 20,159,296 2027/28 - Year 11 Beginning Cash
Projected
Revenues Expenditures Transfer Ending Cash
Essential Services 5,997,817 18,756,200 17,253,000 (217,260) 7,283,757 8% Maint & Emerging Needs 6,032,007 1,817,900 2,061,900 5,788,007 2 % Youth Programs 1,773,160 454,500 403,500 1,824,160 Measure N Operating Funds 13,802,984 21,028,600 19,718,400 14,895,924 Economic Uncertainty 3,936,510 217,260 4,153,770 Vehicle Replacement 2,419,802 343,300 2,763,102 Measure N Total 20,159,296 21,371,900 19,718,400 217,260 21,812,796 Visalia City Council Printed on 4/15/2026Page 8 of 10
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File #: 25-0748 Agenda Date: 4/20/2026 Agenda #: 2.
2026/27 - Year 10 Beginning Cash
Projected
Revenues Expenditures Transfer Ending Cash
Essential Services 25,494,977 18,463,500 37,671,700 (288,960) 5,997,817 8% Maint & Emerging Needs 6,296,307 1,774,500 2,038,800 6,032,007 2 % Youth Programs 1,723,160 443,600 393,600 1,773,160 Measure N Operating Funds 33,514,444 20,681,600 40,104,100 13,802,984 Economic Uncertainty 3,647,550 288,960 3,936,510 Vehicle Replacement 2,104,002 333,300 17,500 2,419,802 Measure N Total 39,265,996 21,014,900 40,121,600 288,960 20,159,296 2027/28 - Year 11 Beginning Cash
Projected
Revenues Expenditures Transfer Ending Cash
Essential Services 5,997,817 18,756,200 17,253,000 (217,260) 7,283,757 8% Maint & Emerging Needs 6,032,007 1,817,900 2,061,900 5,788,007 2 % Youth Programs 1,773,160 454,500 403,500 1,824,160 Measure N Operating Funds 13,802,984 21,028,600 19,718,400 14,895,924 Economic Uncertainty 3,936,510 217,260 4,153,770 Vehicle Replacement 2,419,802 343,300 2,763,102 Measure N Total 20,159,296 21,371,900 19,718,400 217,260 21,812,796 Measure N Economic Uncertainty Fund
The Measure N policy for the economic uncertainty fund was amended last fiscal year to be 30% of operating expenditures instead of 10% of budgeted revenues. The balance of the uncertainty fund is $1.2 million as of June 30, 2025.

Budget Process
Council and the Measure N Oversight Committee have approved the next 10-year plan and the proposed FY 2026/27 and 2027/28 budgets. This is the first of two public hearings. At the next public hearing Council may adopt the plan following public comment.

Fiscal Impact including annual maintenance and operating costs: None Prior Council Action: March 16, 2024 - Measure N proposed next 10 year plan and 2026/27 and 2027/28 two year budget
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

No motion. Public Hearing to receive comments.

Environmental Assessment Status: N/A
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File #: 25-0748 Agenda Date: 4/20/2026 Agenda #: 2.

CEQA Review: N/A
Deadline for Action: 06/30/2026
Attachments: Attachment 1 - Measure N 10-Year Plan (2027-2037) Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☒
Economic
Vitality
☒
Organizational
Excellence
☒
Fiscal
Strength
☒
Infrastructure &
Growth
☒
Quality of
Life
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2027-28 2028-29 2029-30 2030-31 2031-32 2032-33 2033-34 2034-35 2035-36 2036-37 Measure N Total Revenues 2.5% 2.5% 3% 3% 3% 3% 3% 3% 3% 3% Sales Tax 20,173,600 20,677,900 21,298,200 21,937,100 22,595,200 23,273,100 23,971,300 24,690,400 25,431,100 26,194,000 Interest & Misc Earnings 855,000 872,100 889,500 907,300 925,400 943,900 787,100 802,800 823,900 840,400 Total Revenues 21,028,600 21,550,000 22,187,700 22,844,400 23,520,600 24,217,000 24,758,400 25,493,200 26,255,000 27,034,400 Essential Services
Revenues
Sales Tax 18,156,200 18,610,100 19,168,300 19,743,400 20,335,700 20,945,800 21,574,200 22,221,400 22,888,000 23,574,600 Interest & Misc Earnings 600,000 612,000 624,200 636,700 649,400 662,400 500,000 510,000 525,200 535,700 Total Revenues 18,756,200 19,222,100 19,792,500 20,380,100 20,985,100 21,608,200 22,074,200 22,731,400 23,413,200 24,110,300 Expenditures
Police
Salary and Benefits 7,947,600 7,945,300 8,223,400 8,511,200 8,809,100 9,117,400 9,436,500 9,766,800 10,108,600 10,462,400 44 Employees Operating Expenditures 1,114,900 1,148,300 1,182,700 1,218,200 1,268,100 1,319,500 1,372,500 1,427,100 1,483,300 1,527,800 Body Cameras/Tazers 527,800 538,400 549,200 560,200 571,400 582,800 594,500 606,400 618,500 630,900 Capital - Vehicles - - - - - - - - - - Personnel - Sworn 173,600 179,700 365,700 378,500 571,400 771,100 977,800 1,191,700 1,413,100 1,462,600 7 New Employees Personnel - Non Sworn 115,700 222,300 230,100 238,200 352,100 364,400 377,200 390,400 404,100 542,400 4 New Employees New Personnel Equipment 9,000 - 9,900 - 10,900 11,500 12,100 12,700 13,300 New Body Cam/in-Car 4,600 - 4,900 - 4,900 5,100 5,500 5,600 5,600 New Vehicles 109,000 55,000 115,600 - 179,400 126,400 130,200 134,100 138,100 Fire
Salary and Benefits 1,719,500 1,687,200 1,746,300 1,807,400 1,870,700 1,936,200 2,004,000 2,074,100 2,146,700 2,221,800 9 Employees Operating Expenditures 400,400 412,400 424,800 437,500 450,600 464,100 478,000 507,300 537,500 568,600 Station 57 1,100,000 14,000,000
Engine 57 1,500,000
Station 57 Personnel 748,000 774,200 3 New Employees Streets Capital 4,020,000 4,040,000 4,060,000 4,080,000 4,100,000 4,121,000 4,142,000 4,163,000 4,184,000 4,205,000 Increased .05% annually Parks and Recreation
Salary and Benefits 497,600 494,200 511,500 529,400 547,900 567,100 586,900 607,400 628,700 650,700 4 Employees Operating Expenditures 131,300 135,200 139,300 143,500 147,800 152,200 156,800 161,500 166,300 171,300 Trailway Maintenance 61,200 62,400 63,600 64,900 66,200 67,500 68,900 70,300 71,700 73,100 Increased 2% annually Tree Maintenance 61,200 62,400 63,600 64,900 66,200 67,500 68,900 70,300 71,700 73,100 Increased 2% annually Building Maintenance 61,200 62,400 63,600 64,900 66,200 67,500 68,900 70,300 71,700 73,100 Increased 2% annually Parks Maintenance 61,200 62,400 63,600 64,900 66,200 67,500 68,900 70,300 71,700 73,100 Increased 2% annually Downtown Street Lights - - - - - - - - - - State Sales Tax Fees 237,200 241,900 246,700 251,600 256,600 261,700 266,900 272,200 277,600 283,200 Total Expenditures 17,253,000 17,349,500 18,064,500 18,415,300 19,405,700 22,670,500 34,816,500 21,601,500 23,160,200 23,793,300 EOY Surplus/(Deficit) 1,503,200 1,872,600 1,728,000 1,964,800 1,579,400 (1,062,300) (12,742,300) 1,129,900 253,000 317,000 Measure N -10 Year Plan (Years 11-20)
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2027-28 2028-29 2029-30 2030-31 2031-32 2032-33 2033-34 2034-35 2035-36 2036-37 Beginning Cash 5,997,817 7,283,757 9,113,127 10,655,247 12,481,687 13,828,527 12,557,427 (400,933) 501,147 294,217 EOY Surplus/(Deficit) 1,503,200 1,872,600 1,728,000 1,964,800 1,579,400 (1,062,300) (12,742,300) 1,129,900 253,000 317,000 Prior Year Capital Roll Over
Transfer to Uncertainty Fund 217,260 43,230 185,880 138,360 232,560 208,800 216,060 227,820 459,930 230,730 Ending Cash Balance 7,283,757 9,113,127 10,655,247 12,481,687 13,828,527 12,557,427 (400,933) 501,147 294,217 380,487 Uncertanity Fund Balance 3,933,120 3,976,350 4,162,230 4,300,590 4,533,150 4,741,950 4,958,010 5,185,830 5,645,760 5,876,490 30% Operating Expenditures 2% Youth - Police & Rec
Beginning Cash 1,773,160 1,824,160 1,876,160 1,929,160 1,983,260 2,038,460 2,094,760 2,152,160 2,210,660 2,270,360 Revenue
Sales Tax 403,500 413,600 426,000 438,700 451,900 465,500 479,400 493,800 508,600 523,900 Interest 51,000 52,000 53,000 54,100 55,200 56,300 57,400 58,500 59,700 60,900 2% Youth - Police & Rec Exp 403,500 413,600 426,000 438,700 451,900 465,500 479,400 493,800 508,600 523,900 Ending Cash Balance 1,824,160 1,876,160 1,929,160 1,983,260 2,038,460 2,094,760 2,152,160 2,210,660 2,270,360 2,331,260 8% Maintenance & Emerging Needs
Beginning Cash 6,032,007 5,788,007 5,996,107 6,208,407 6,424,907 6,645,707 6,870,907 7,100,607 7,334,907 7,573,907 Revenue
Sales Tax 1,613,900 1,654,200 1,703,900 1,755,000 1,807,600 1,861,800 1,917,700 1,975,200 2,034,500 2,095,500 Interest 204,000 208,100 212,300 216,500 220,800 225,200 229,700 234,300 239,000 243,800 Expenditures
Building Maintenance 1,500,000 1,100,000 1,100,000 1,100,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 Emerging Needs 561,900 554,200 603,900 655,000 607,600 661,800 717,700 775,200 834,500 895,500 Prior Year Capital Roll Over
Ending Cash Balance 5,788,007 5,996,107 6,208,407 6,424,907 6,645,707 6,870,907 7,100,607 7,334,907 7,573,907 7,817,707 Blue = New/Changing items
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0580 Agenda Date: 4/20/2026 Agenda #: 3.

Agenda Item Wording:

Ordinance Update - A public hearing and first reading of Ordinance No. 2026-03 to amend Chapter

1.13 to ensure consistency with the administrative process for correcting municipal code violations, city wide.

Prepared by:

Tracy Robertshaw, Neighborhood Preservation Manager, (559) 713-4187, [email protected]
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, [email protected] Department Recommendation: Staff recommends that the Visalia City Council hold a public hearing, receive a presentation and staff report, and introduce the first reading of Ordinance No. 2026-03 amending Visalia Municipal Code Section 1.13 “Administrative Code Enforcement Procedures and Penalties” as detailed in the attached Ordinance No. 2026-03, and summarized in the staff report below.

Summary:

Neighborhood Community Preservation staff is seeking to update and revise various sections in Chapter 1.13 “Code Enforcement Procedures and Penalties” of the Visalia Municipal Code. The proposed amendments are to ensure consistency related to the administrative process for correcting violations.

Background Discussion:

The following is a summary of the revisions to Chapter 1.13, as recommended by staff, to ensure consistency is maintained and current administrative hearing procedures align with the City’scurrent practice. The amendments to various sections of this chapter are as follows:

1. Update to 1.13.030 Definitions
Definitions contained in Section 1.13.030 will be updated and several new definitions are added based on staff’s analysis.

The addition of new definitions includes:
§ Administrative citation. “Administrative citation” shall refer to a specific type of administrative order, specifically when a fine is being immediately issued due to a violation of the municipal code. An administrative order and administrative citation shall have the same meaning, and the terms may be used interchangeably.
§ Person. “Person” includes any person, firm, association, business entity, company, corporation, government entity, organization, partnership, joint venture, limited liability company, trust, or estate.

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File #: 25-0580 Agenda Date: 4/20/2026 Agenda #: 3.
§ Responsible party. “Responsible party” means any of the following: (1) Any person that causes, maintains, permits, or is otherwise responsible for an act or omission that constitutes a violation under this chapter, if the person is a minor, then the parents or guardians of the minor shall be considered the responsible party; or (2) A person who has an ownership interest in real property upon which a violation exists; or (3) A person exercising possession or control of real property upon which a violation exits, including but not limited to a tenant, agent, employee, contractor, subcontractor, or other occupant. § Violation. “Violation”means the failure to comply with any provision of the Visalia Municipal Code, ordinances adopted by the Visalia City Council, or violations of licenses, permits, entitlement, or approvals issued by the City of Visalia as stated in 1.13.050(A). Each day or any portion thereof, during which any violation continues, exists, or occurs shall be deemed a separate violation. Each distinct code section, ordinance, license, permit, entitlement, or approval violated shall give rise to a separate violation that may be cited.

Revised Definitions:
§ Working days. “Working days” are days which are neither Saturday, Sunday, nor nationally observed holidays or days that City of Visalia offices are closed.

Please note additional language was added to this definition to clarify that working days are only the days that the public has access to City offices.

2. Update to Section 1.13.060 Commencement of Administrative Enforcement Language was removed from this section that required all violations to be corrected within ten (10) working days of notices and was replaced with language allowing City staff to set the dates for correction based on the specific facts and circumstances. The prior rule specifying a ten-day correction period did not fit some types of violations that reasonably called for less or more time to be corrected. The revised rule clarifies it only applies when corrective action is required, acknowledging that in some instances a fine is being issued for the violation while allowing City staff the ability to set due dates for correction based on the specific facts and circumstances related to the type of violation.

Additionally, the requirement to prepay a deposit of the penalties to appeal a violation notice was removed due to this requirement posing a potential legal challenge regarding due process and creates a potential financial hardship for property owners. The revisions to this section, as proposed, ensure that property owners are not denied their right to an appeal hearing based on their financial situation.

3. 1.13.070 Service of Administrative Enforcement Order This section was updated to clarify that five (5) working days constitutes completion of mail service and additional language was added to clarify out of state owners are considered served at ten (10) working days.

4. 1.13.090 Administrative Enforcement Order Appeal Hearing Section 1.13.090 section A: This section is updated to include language for a person or responsible party to contest the appointed hearing officer if the requesting party claimed bias on the part of the hearing officer. Under the prior code there was no specific process to consider allegations of hearing Visalia City Council Printed on 4/13/2026Page 2 of 4
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File #: 25-0580 Agenda Date: 4/20/2026 Agenda #: 3.
hearing officer. Under the prior code there was no specific process to consider allegations of hearing officer bias. The proposed wording clarifies that allegations will be decided by the City Manager and allows the City Manager to appoint a different hearing officer if they consider the allegations are warranted.

Section 1.13.090 section B: This section contained timelines for scheduling hearings that were confusing and difficult to meet. Therefore, a succinct timeline of 60 days to schedule hearing was added, which simplifies and streamlines the process. Changes were also added to clarify the procedure for continuing the hearing and placing specific rules to determine the number of times that continuances can be requested.

Section 1.13.090 section D, subsection 5: The “Evidence Rules” portion of this chapter listed Government Code 11513, Administrative Law, without providing any additional information. The section was revised to include language from this Government Code section, which describes the informal nature and evidentiary rules that govern the administrative appeal hearing.

Fiscal Impact: N/A
Prior Council Action: N/A
Other: N/A
Alternatives: The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Section 1.13.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance No. 2026-03 amending Visalia Municipal Code Section 1.13 “Administrative Code Enforcement Procedures and Penalties.” Environmental Assessment Status: The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by staff.

CEQA Review: The requested action would be considered exempt under Section 15031(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that projects are exempted from CEQA if the activity is covered by the commonsense exemption, which explains that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Deadline for Action: N/A
Attachments:

1. Ordinance No. 2026-03 - Amending Chapter 1.13 “Administrative Code Enforcement Procedures and Penalties.”

2. City Council PowerPoint Presentation
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File #: 25-0580 Agenda Date: 4/20/2026 Agenda #: 3.

Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☒
Organizational
Excellence
☐
Fiscal
Strength
☐
Infrastructure &
Growth
☐
Quality of
Life
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ORDINANCE No. 2026-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA TO AMEND CHAPTER 1.13 TO ENSURE CONSISTENCY RELATED TO THE ADMINISTRATIVE

PROCESS FOR CORRECTING MUNICIPAL CODE VIOLATIONS, CITY WIDE

WHEREAS, Ordinance No. 2026-03 is a request to amend Chapter 1.13 to ensure consistency related to the administrative process for correcting municipal code violations, city wide; and

WHEREAS, the City of Visalia is seeking these revisions to ensure consistency is maintained and current administ rative hearing procedures align with the City’s current practice; and

WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council regarding Ordinance No. 2026-03 on April 20, 2026, and considered said Ordinance in accordance with the City of Visalia; and

WHEREAS, the City Council of the City of Visalia finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines , Code of Regulations Section 15061(b)(3) (common sense exemption), as the proposed Ordinance will not in and of themselves have an effect on the environment.

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

BE IT FURTHER RESOLVED that the City Council of the City of Visalia hereby makes the following specific findings regarding Ordinance No. 2026-03:

1. That the Ordinance is needed to ensure consistency is maintaine d and current administrative hearing procedures align with the City’s current practice.

2. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, BE I T ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA , has identified the need to amend the existing provisions to the Visalia Municipal Code Chapter 1.13 “Code Enforcement Procedures and Penalties” of the Visalia Municipal Code. The proposed amendments ar e to ensure consistency and match current practices related to the administrative process for correcting violations are hereby added and/or amended as contained in Attachment “A”, this Ordinance.

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

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

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

Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

PASSED AND ADOPTED: BRETT TAYLOR, MAYOR

ATTEST: ___________________________

LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY

___________________________

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2026-03 passed and adopted by the Council of the City of Visalia at a regular meeting held on April 20, 2026 and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated: LESLIE CAVIGLIA, CITY CLERK

By Reyna Rivera, Chief Deputy City Clerk

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Ordinance No. 2026-03
Attachment “A”

Section 1. The Visalia Municipal Code shall be changed as follows.

Changes to City of Visalia Municipal Code, as specified by underline and italics for additions and strikeout for deletions.

Chapter 1.13

ADMINISTRATIVE CODE ENFORCEMENT PROCEDURES AND PENALTIES

1.13.010 Declaration and Purpose.

1.13.020 Adoption.

1.13.030 Definitions.

1.13.040 Judicial Review.

1.13.050 Administrative Enforcement Authority.

1.13.060 Commencement of Administrative Enforcement; Form of Order.

1.13.070 Service of Administrative Enforcement Order.

1.13.080 Appeal of Administrative Enforcement Order.

1.13.090 Administrative Enforcement Order Appeal Hearing.

1.13.100 Form and Content of Appeal Hearing Decision.

1.13.110 Payment and Collection of the Administrative Penalty.

1.13.010 Declaration and Purpose
The purpose of this chapter relating to administrative code enforceme nt is to provide alternative remedies to address acts or omissions set forth in Section 1.13.050.

Violations may be corrected, abated or addressed in a number of ways. It is the intent of this section to provide the city with an administrative process fo r correcting violations, to penalize violators for failure to comply with city codes and ordinances, and to empower the city to abate violations that the responsible parties have failed t o abate themselves. (Ord. 2006-15 § 2 (part), 2006; Ord. 9925 § 1 (part), 2000)

1.13.020 Adoption
The city council of the city of Visalia hereby finds and determines that enforcement of the Visalia Municipal Code, other ordinances adopted by the city, conditions on entitlements and terms of city agreements are matters of lo cal concern and serve important public purposes. The city council further finds that there is a need for an alternative method of enforcement of violations of this code. The council further finds 640
and declares that an appropriate method for enforcement for violations of the code is an administrative citation, civil penalty and abatement program. Consistent with its powers as a charter city, the city of Visalia hereby adopts this administrative enforcement procedure provision in order to achieve the following goals:

A. To protect the public peace, health, safety and welfare of the communities in the city of Visalia;
B. To provide for an administrative process that has objective criteria for the imposition of penalties and abatement orders and provide s for a fair process to appeal the imposition of administrative enforcement orders;
C. To provide a method to penalize responsible parties who fail or refuse to comply with provisions of the city code, ordinances, agreements, or conditions on entitlem ents in the city of Visalia;
D. To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system. (Ord. 2006-15 § 2 (part), 2006; Ord. 9925 § 1 (part), 2000)

1.13.030 Definitions
As used in this chapter, the following terms are defined in this section:

Administrative abatement orders. “Administrative abatement orders” shall refer to that portion of an administrative enforcement order that directs a responsible party to take various actions to abate a condition created in violation of the City's Municipal Code or ordinances.

Administrative citation. “Administrative citation” shall refer to a specific type of administrative order , specifically when a fine is being immediately issu ed due to a violation of the municipal code . An administrative order and administrative citation shall have the same meaning, and the terms may be used interchangeably.

Administrative enforcement order. “Administrative enforcement order” shall refer to the order issued by an enforcement officer determining that a violation of a municipal code section or other provision as set forth in 1.13.050 has occurred, and establishing the administrative penalty to be assessed, and setting forth the administrative abatement order, if any, to be imposed.

Administrative penalty guidelines. “Administrative penalty guidelines” are guidelines developed and maintained by each department of city which contain sample levels of penalties for violation of the City's Municipal Code or ordinances.

Appeal hearing officer. “Appeal hearing officer” means any person appointed by the city manager to preside over the administrative hearings provided for in this chapter.

Calendar day. “Calendar day” includes each and every con secutive day of the calendar.

City. “City” means the city of Visalia.

Code. “Code” shall mean the Visalia Municipal Code.
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Enforcement officer. “Enforcement officer” means any city employee or agent of the city with the authority to enforce any provision of this code or any code adopted by the city.

Final Administrative Enforcement Order. “Final Administrative Enforcement Order” shall refer to any administrative enforcement order that has become final either by virtue of the responsible party failing to request an appeal hearing within the time period provided, or by virtue of a decision by the appeal hearing officer to affirm the order.

Penalty. “Penalty” shall include, but not be limited to, “civil/administrative penalty” and shall mean the amount assessed for violation of this code pursuant to the administrative notice and order procedure.

Person. “Person” includes any person, firm, association, business entity, company, corporation, government entity, organization, partnership, joint venture, limited liability company, trust, or estate.

Responsible party. “Responsible party” means any of the following: (1) Any person that causes, maintains, permits, or is otherwise responsible for a n act or omission that constitutes a violation u nder this chapter, if the person is a minor, then the parents or guardians of the minor sha ll be considered the responsible party ; or (2) A person who has an ownership interest in real property upon which a violation exists ; or (3) A person exercising possession or control of real property upon which a violation exits, including but not limited to a tenant, agent, employee, contractor, subcontractor, or other occupant.
shall refer to any natural person, the parent or legal guardian of any person under the age of eighteen (18) years, trust, estate, receiver, cooperative, partnership, corporation, association, business, joint venture, limited liability company, any government agency that is not statutorily exempt, or any other entity, who has done any act for which an administrative enforcement order may be imposed.

Violation. “Violation” means the failure to comply with any provision of the Visalia Municipal Code, ordinances adopted by the Visalia City Council, or violations of licenses, permits, entitlement, or approvals issued by the City of Visalia as stated in

1.13.050(A). Each day or any portion thereof, during which any violation continues, exists, or occurs shall be deemed a separate violation. Each distinct code section, ordinance, license, permit, entitlement, or approval violated shall give rise to a separate violation that may be cited.

Working days. “Working days” are days which are neither Saturday, Sunday, nor nationally observed holidays or days that City of Visalia offices are closed . (Ord. 2006- 15 § 2 (part), 2006; Ord. 9925 § 1 (part), 2000)

1.13.040 Judicial Review
All final administrative enforcement orders made pursuant to the procedures set forth in this chapter shall be subject to review only as provided in California Code of C ivil Procedure Sections 1094.5 and 1094.6. Should any court of competent jurisdiction determine that the city must provide a judicial appeal to any final administrative order in a manner other than set forth in Sections 1094.5 and 1094.6, then it is the in tent of the city council that the administrative enforcement process remain as provi ded herein and 642
to provide that any appeal which is timely requested follow the procedures set forth in Government Code Section 53069.4. (Ord. 2006 -15 § 2 (part), 2006; Ord . 9925 § 1 (part), 2000)

1.13.050 Administrative Enforcement Authority
A. In addition to criminal sanctions, civil injunctions and other remedies set forth in this code, the city may impose administrative penalties , administrative abatement orders, or issue administrative citations, in a manner consistent with the procedures set forth in this Chapter for any of the following acts or omissions:

1. All violations of the Visalia Municipal Code;

2. All violations of the city charter and other co des or ordinances adopted by the city of Visalia;

3. All violations of uniform codes adopted by the city of Visalia;

4. Failing to comply with any order issued by a commission, board, hearing officer or examiner or other body appointed by the cit y council and authorized to issue orders, including but not limited to the planning commission and the historic preservation advisory committee;

5. Failing to comply with any condition imposed by any entitlement, permit, contract or environmental document issued or approved by the city of Visalia.

B. Alternative Remedy. Nothing in this chapter shall prevent the city from using one or more other remedies to address violations. When the violation upon which the administrative enforcement order is based pertains to building, plumbing, electrical, structural or zoning provisions, the responsible party shall be provided a reasonable period of time to correct the violation prior to imposition of the administrative penalty, except in those cases in whic h there is an immediate danger to health or safe ty, in which case the responsible party may be ordered to take immediate action or an administrative penalty may be immediately imposed . The city may also, in addition to the administrative pena lties described below, seek recovery of all administrative costs incurred by city staff in the abatement of a violation.

C. Standard Administrative Penalty. Unless a specific administrative penalty is adopted by the City Council under an applicable municipal code provision, the amount of the administrative penalty to be imposed shall be:

1. One hundred dollars ($100.00) for a first violation;

2. Two hundred dollars ($200.00) for a second violation of the same ordinance provision within one year;

3. Five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.

D. Alternative Administrative Penalty. In lieu of the standard administrative penalty schedule, the department head or his/her designee responsible for i ssuing an administrative penalty may establish an administrative penalty schedule providing for an 643
administrative penalty in any amount not less than one hundred dollars ($100.00) nor more than twenty -five thousand dollars ($25,000.00) per violation. In de termining the amount of the administrative penalty to be imposed, the department head shall consi der factors including but not limited to:

1. The seriousness of the violation;

2. The responsible party's efforts to correct the violation;

3. The injury/damage, if any, suffered by any member of the public;

4. Any instances in which the responsible party has been in violation of the same or similar code provisions in the previous three years;

5. The amount of city staff time which w as expended investigating or addressing the violation;

6. The amount of administrative penalties which have been imposed in similar situations;

7. Necessity to mitigate the damage to the community that is caused by a particular violation; and

8. Any other factors which justice may require.

The alternative administrative penalty schedule developed by the Department Head shall be submitted to the City Council for approval by resolution at a regularly noticed meeting.

Payment of any penalty shall not excuse the failure to correct the violation(s), nor shall it bar further enforcement action by the city.

E. Additional Penalty Provided by Ordinance. In addition to the standard administrative penalty or alternative administrative pe nalty, an administrative enforcement order may include an order to pay an additional civil penalty where such additional civil penalty is provided for by ordinance, or where an ordinance authorizes or directs a court of law to impose such additional civil penalty, unless such additional civil penalty is provided for within the alternative administrative penalty schedule as ma y be adopted.

F. Establishment of Administrative Abatement Orders. An administrative enforcement order may direct a responsible party to abate a public nuisance, or any other acts or omissions enumerated in Subsection A, in accordance with any of the abatement methods set forth in the Municipal Code or in other local, state or federal law. If a responsible party fails to abate a c ondition as specified in the administrative enforcement order, after the order becomes final, the City may choose to abate the condition through any of the abatement methods set forth in the Municipal Code or in other local, state or federal law. Nothing contained in this Section shall be construed as limiting, prejudicing or adversely affecting the City's ability to concurrently or consecutively use any of those proceedings as the City deems applicable. (Ord. 2006- 15 § 2 (part), 2006)

1.13.060 Commencement of Administrative Enforcement Order; Form of Order 644
A. Commencement of Administrative Enforcement. Where the city has determined that any responsible party has violated this code or other provisions as set forth in Section 1.13.050, any designated enforcement officer may commence an administrative proceeding to impose administrative penalties or administrative abatement orders by issuing an administrative enforcement order , which may be in the form of a n administrative citation.

B. Form of Not ice of Administrative Enforcement Order. Upon determination that a violation has occurred, the enforcement officer shall prepare a notice of administrative enforcement order in a manner in conformance with the notice and order requirements that may be provided for in the sections of this code that establish the violation at issue.

Unless otherwise specified, the notice of administrative enforcement order shall contain, at a minimum:

1. The name and address of the responsible party in violation. If th e administrative enforcement order results from events occurring on, or the status or condition of, property, the order shall also contain the address of the property;

2. A statement from the city official responsible for issuing the order of the acts or conditions which violate the city code or other provisions as set forth in Section 1.13.050 and the specific code or provisions which have been violated;

3. A description of the action required to correct the violations, if applicable;

4. A s tatement requiring the violator(s) to correct the violation(s) within a specific timeframe if applicable ten working days of issuance of the notice and order;

5. The amount of the administrative penalty the city imposes for the violation and a statement that the penalty begins to accrue immediately following receipt of notice of violation (either through separate prior notice of violation or through service of the administrative enforcement order), and will continue to accrue until the violation is corrected. The order may provide that each day of violation following notice of violation will be considered an additional violation for purposes of determining t he applicable fine pursuant to Section 1.13.030;

6. A statement requiring the violator(s) t o correct the violation(s) within a specific timeframe, if corrective action is being required as part of the administrative order; ten working days of issuance of the notice and order;

7. A statement that at the time the appeal is filed, an appeal fe e is due and payable and a deposit of the penalty must be made, or evidence provided that a request for an advance deposit hardship waiver has been provided filed with the finance division;

8. A statement that the appeal be made in writing, and in com pliance with the requirements of Section 1.13.080;

9. A statement that if the responsible party fails to request an appeal of the imposition of the administrative order within ten (10) working days and fails to pay the appeal fee and deposit or file a hardship waiver, the order imposing the penalty shall be final and immediately payable or enforceable;

10. A statement that any responsible party upon whom a final administrative enforcement order has been imposed may seek review of the order pursuan t to 645
California Code of Civil Procedure Sections 1094.5 1094. 5 and 1094.6. There are no appeals to city council. (Ord. 2012-15 § 3, 2012: Ord. 2006-15 § 2 (part), 2006)

1.13.070 Service of Administrative Enforcement Order
A. Persons Entitled to S ervice. The notice of administrative enforcement order shall be served upon the responsible party in violation. The failure of the city official issuing the order to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other persons duly served or relieve any such person from any duty or obligation imposed on him/her.

B. Lien/Notice. If the violation is the result of a condition existing on property in the city and the city proposes to impose a lien on the property, one copy of the notice of administrative enforcement order shall also be served on each of the following if known to the city official issuing the order or disclosed from official public records: (a) the holder of any mortgage or deed of t rust or other lien or encumbrance of record; and (b) the owner or holder of any lease of record. The failure of the city official issuing the order to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any o ther persons duly served or relieve any such person from any duty or obligation imposed on him/her.

C. Method of Service. Service of an administrative enforcement order shall be effective if any one of the service methods provided for in this Subsecti on C is satisfied.

Provided this section is satisfied, the failure of any person to actually receive the notice of administrative enforcement order shall not affect the validity of any proceedings taken under this Chapter. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

1. Personal Service or Certified Mail. Service of an administrative enforcement order may be made upon all persons entitled thereto either by personal delivery or by certified mail, re turn receipt requested. Service by mail on any owner in violation is deemed complete five (5) working days from the date it is mailed by the city to the address listed by the owner on the latest equalized assessment roll of Tulare County, or as known to the city official issuing the order.

2. Service In Property -Related Offense Cases. In the case of a violation resulting from an event occurring on, or a condition existing on, property, service may be accomplished either by personal service as provided in subsection 1 above, or by either of the following alternative methods:
(i) By posting the property with the administrative enforcement order and mailing a copy of the order to the responsible party in violation, by first-class mail at the address of the property on which the violation has occurred or is occurring; or (ii) Where the responsible party has a property manager or rental agency overseeing the premises, by personally serving the notice upon the property manager or rental agency in the manner set forth in subsection 1 above. 646

3. Substituted Service. In the event that service cannot be effected pursuant to subparagraphs 1 or 2 above, service may be made by substituted service. Substituted service may be accomplished as follows:
(i) By leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first -class mail a copy to the recipient at the address where the copy was left; or (ii) By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left.

4. Service on Parties Residing Out of State. If the responsible party resides or has his/her/its business address out of state then service may be made by certified mail, return receipt requested. If the responsible party resides where certified mail service i s not available, then service may be made by first class mail. Service by mail on parties residing out of state is deemed complete ten (10) working days from the date it is mailed by the city to the address listed by the owner on the latest equal ized assessment roll of Tulare County, or as known to the city official issuing the order . mail, then service may be made by first-class mail.

5. Service by Publication. If the responsible party in violation or other person entitled to service cannot be locat ed or service cannot be effected as otherwise set forth in this section, service may be made by publication in a Visalia newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063, i.e. once a week for three successive weeks in a newspaper regularly published once a week or oftener, with at least five calendar days intervening between the respective publication dates not counting such publication dates. (Ord. 2006-15 § 2 (part), 2006)

1.13.080 Appeal of Administrative Enforcement Order
A. Request for Appeal. Any responsible party against whom an administrative enforcement order has been imposed may appeal the imposition o f the order by filing a written notice of request for appeal by the methods set forth in the administrative enforcement order within ten (10) calendar working days of service of the notice of administrative enforcement order. If no request for appeal is f iled with the office of community development within ten (10) calendar working days of service, appeal rights shall be deemed waived and the administrative enforcement order shall become final.

The written appeal request shall contain:

1. A brief sta tement setting forth the interest the appealing party has in the matter relating to the imposition of the penalty;

2. A brief statement, in ordinary and concise language, of the material facts which the appellant claims support his/her/its contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted; and

3. An address at which the appellant agrees notice of any additional proceeding or an order relating to the imposition of the ad ministrative penalty may be received by first class mail.
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B. Payment of Appeal Fee. Any responsible party seeking to appeal the imposition of an administrative penalty shall be required to pay to the city clerk or designee, at the time the appeal is requested, a non -refundable appeal fee. The amount of the appeal fee may be increased or decreased by resolution of the City Council. Absent such resolution, the appeal fee shall be $100. The appeal fee is intended to cover the costs, expenses and city employees' time incurred by the city in processing, prepar ation for, and hearing of the appeal. No appeal request is valid unless accompanied by the appeal fee, unless otherwise waived pursuant to subsection D. below. In the event an the deposit of the appeal fee is waived and the administrative enforcement order is upheld, the appeal fee shall be added to the penalty due. In the event the appeal fee is paid and the administrative enforcement order is not upheld, the appeal fee shall be returned together with any fines that have been deposited in advance paid.

C. Advance Deposit of Fine. Any responsible party seeking to appeal the imposition of an administrative penalty shall be required to pay the city clerk or designee, at the time the appeal is lodged, a deposit of the fine assessed in the administrative penalty notice and order. If the responsible party is unable to make the required deposit, the responsible party shall provide evidence that a request for an advance deposit hardship waiver has been filed pursuant to subsection D. below.

D. Advance Deposit Hardship Waiver. Any responsible party who is financially unable to pay the appeal fee or make the advance deposit of the full amount of the fine as required in subsections B. and C. above, and who intends to appeal the administrative enforcement order, may file a request for an advance deposit hardship waiver to waive all or part of the advance deposit and of the appeal fee. A request for advance deposit hardship waiver request must be filed with the city clerk or designee on an advance deposit hardship waiver application form available from the city clerk within ten working days of the date of the administrative penalty notice and order and must include a sworn declaration and any other supporting documents or materials showing the responsible party's actual financial inability to deposit the full amount of the fine appeal fee in advance of the hearing. The responsible party bears the burden of demonstrating to the satisfaction of the cit y clerk or designee the responsible party's actual inability to deposit the full amount of the fine in advance of the hearing the hearing fee. If the city clerk or designee determines not to issue an advance deposit hardship waiver, the responsible part y shall remit the advance deposit of the advance deposit amount and the appeal fee to the city within ten working days. Failure to timely remit the advance deposit and appeal fee shall terminate the request for an appeal and the amount of the fine shall be come immediately due and payable. The requirement of depositing the full amount of the fine and the appeal fee as required by Section

1.13.062(C) shall be stayed while the city clerk or his or her designee make s a determination whether to issue the advance deposit hardship waiver. (Ord. 2006-15 § 2 (part), 2006)

1.13.090 Administrative Enforcement Order Appeal Hearing A. Hearing Officer. All administrative appeals of an administrative enforcement order shall be heard by a hearing officer appointed by the city manager or his or her designee to hear administrative appeals. The hearing officer shall not be a city employee. Any claim that a hearing officer is biased shall be raised to the city manager, or their 648
designee, and it shall be determined by the city manager, or their designee, whether a different hearing officer should be appointed.

B. Setting Administrative Enforcement Order Appeal Hearing. The administrative enforcement order appeal hearing shall be set by the city clerk or designee, and n otice of the appeal hearing shall be sent to the appellant by first class mail at the address provided with the written appeal request. The administrative penalty hearing shall be set for an appeal hearing no sooner than twenty (20) working days following a request for an appeal hearing. Notice of the appeal hearing shall be mailed at least fi fteen (15) working days before the date set for the hearing. The hearing date shall be scheduled and notice of the hearing date shall be provided within sixty days fr om the date the request for an appeal is received, unless the enforcement officer determines that good cause exists for an extension of time , then the hearing date may be set for more than sixty days from the date that the request for an appeal is received.

C. Failure to Attend Hearing. Failure of the person seeking the appeal, also referred to as the appellan t, to attend the scheduled administrative enforcement order appeal hearing shall constitute a waiver of rights to an administrative hearing and adjudication of the notice and order or any portion thereof , alternatively the hearing officer may proceed to hear the matter based on the written statements received from the responsible party and testimony or written statements received from the city.

D. Rules Applicable to Conduct of the Administrative Enforcement Order Appeal Hearing. The following rules shall govern the conduct of the administrative enforcement order appeal hearing.

1. Testimony at the Hearing. At the time set for the admini strative enforcement order appeal hearing the hearing officer shall proceed to hear testimony from the representative of the city, the appellant and any other competent persons with respect to imposition of an administrative penalty.

2. Record of Ora l Evidence at Hearing. The proceedings at the hearing shall be reported by a tape recorder recorded by a digital device or tape recorder . Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party's own expense.

3. Continuances. The hearing officer may, Upon request of the responsible party against whom a penalty is to be imposed, or upon request of the city, grant the hearing date may be continued continuance from time to time for good cause shown, or upon his/her own motion no more than twice , if a request is submitted at least twenty four hours to the city clerk, or designee, prior to the hearing. The hearing officer, in their sole discretion, may grant additional continuances if the hearing officer determines the request to further continue the hearing is based on good cause.

4. Oaths -- Certification. The hearing officer or certified shorthand reporter shall administer the oath or affirmation. There shall be an oath or affirmation sig ned by everyone providing testimony at the administrative penalty hearing.

5. Evidence Rules. The hearing is intended to be informal in nature. Formal rules of evidence and discovery do not apply. Any relevant evidence shall be admitted if it i s the sort of evidence on which responsible persons rely on in the conduct of serious affairs, 649
regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Government Code Section 11513, subsections (a), (b) and ( c), as it exists on the effective date of the ordinance adopting these provisions, or as hereafter amended, shall apply to all administrative penalty hearings.

6. Rights of Parties. Parties may represent themselves, or be represented by an attorney licensed to practice in the State of California. A party may be represented by a non-attorney representative so long as the party executes a notarized consent to said representation, and submits same to the City prior to the administrative hearing. If a party does not proficiently speak or understand the English language, he/she may provide an interpreter, at that party's own cost, to translate for the party. An interpreter shall not have had any personal involvement in the issues of the case prior to th e hearing. The City may be represented by the City Attorney.

7. Official Notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or county, or any of their departments. Copies of the reports and records of any governmental agency, division, or bureau will be accepted as e vidence in lieu of the original.

8. Subpoenas. The hearing officer shall have the authority to issue subpoenas for orders to appear and produce testimony or subpoenas duces tecum for orders to produce documents, or shall issue a subpoena upon a showing of reasonable necessity by the requesting party, in accordance with the requirements and conditions of Article 11 of Chapter 4.5 of Part of Division 3 of the California Government Code. Failure to comply with any subpoena may be considered by the hearing officer in making his/her decision regarding the imposition of administrative penalties.

9. Inspection of Premises. In the case of a violation related to property in the city, the hearing officer may inspect the building and premises involved in the hearing prior to, during, or after the hearing, provided that:
(i) Notice of such inspection shall be given to the parties before the inspection is made; and
(ii) The parties consent, and are given an opportunity to be present during the inspection. Upon completion of an inspection, the hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, the material facts observed and the conclusion drawn therefrom. Each party shall have a right to rebut or explain the matters so stated by the hearing officer either for the record during the hearing or by filing a written sta tement after the hearing for inclusion in the hearing record. Inspections may be made without notice to the responsible parties if the property can be inspected from areas to which the general public has access.
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10. Standard of Proof. The standard of proof to be used by the hearing officer in deciding the issues at an administrative penalty hearing is by a preponde rance of the evidence.
(Ord. 2006-15 § 2 (part), 2006)

1.13.100 Form and Content of Appeal Hearing Decision
A. Factors in Hearing Officer's Decision. The hearing officer may affirm the administrative enforcement order imposed by the city, reduce t he penalty, amend the abatement order, or find that the imposition of the penalty or abatement order is not warranted or is not in the interest of justice and vacate the order. In making his/her decision regarding the administrative enforcement order, the hearing officer shall consider evidence presented by all witnesses, the seriousness of the violation, the responsible party's efforts to correct the violation, the injury or damage, if any, suffered by any member of the public, any instances in which the r esponsible party has been in violation of the same or similar code provisions in the previous three years, and the amount of city staff time which was expended investigating and addressing the violation.

B. Format for Hearing Officer's Decision. A sta tement of decision of the administrative enforcement order appeal hearing officer shall be issued within thirty (30) calendar days of the hearing. The statement of decision shall be in writing, and shall contain a statement of the determination as to wheth er the administrative enforcement order is affirmed, amended or vacated, and the findings of fact supporting the determination. In addition, if the determination is to uphold or amend the administrative enforcement order, the statement decision must contain the following items:

1. A statement indicating the administrative enforcement order is now a final administrative enforcement order and that any appeal of the hearing officer's decision must be filed with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.

2. If an advance deposit hardship waiver has been granted pursuant to VMC

1.13.080 062(D), then a statement in the decision shall be included advising the responsible party that if the administrative penalty and appeal fee are not paid within the time specified, they shall be made a personal obligation of the owner, may be made a lien against the property owned by the responsible party against whom the penalty was imposed, and may be collected by special assessment.

3. In the case of an administrative abatement order, a statement that if the action identified is not taken within the time indicated, the City may perform the abatement itself, and the costs of the City's abatement shall be added to the penalty.

C. Service of the Hearing Officer's Decision. Upon issuance of the decision, the city shall serve a copy on the appellant by first class mail to the address provided by 651
appellant in the written notice of appeal. The hearing officer's decision shall be deemed served two calendar days after the date it is mailed to the address provided by the appellant.

D. Appeal of the Hearing Officer's Decision. Any administrative penalty imposed against a responsible party pursuant to this chapter must be appealed in the manner and within the time provided in California Code of Civil Procedure Sections 1094.5 and 1094.6.

E. Payment. Any responsible party against whom an administrative penalty has been imposed who was granted an A dvance Deposit Hardship Waiver pursuant to Section 1.13.060(D)(4) shall pay the administrative penalty and appeal fee if an advance deposit hardship waiver was granted to delay the appeal fee requirement to the city within twenty-five (25) thirty (30) calendar days of a final order or decision of the hearing officer. Any deposit made by responsible party pursuant to Section

1.13.060(D)(3) shal l be applied toward the payment of the administrative penalty imposed by the hearing officer. Any deposit in excess of the amount imposed by the hearing officer shall be refunded to responsible party within a reasonable time. (Ord. 2006-15 § 2 (part), 2006)

1.13.100 Payment and Collection of the Administrative Penalty A. The city may take the actions set forth in this section to collect any unpaid penalty.

The failure of any person to pay any penalty assessed by administrative order within the time specified on the administrative order shall result in the assessment of an additional late fee to be charged. The amoun t of the late fee shall be ten percent of the total amount of the civil penalty due and owing. An administrative penalty shall may accrue interest at the same annual rate as any civil judgment. Interest s hall accrue commencing on the 26th day following service of the hearing officer's decision.

B. Civil Action. The City may commence a civil action or small claims court action to collect the administrative penalty, and in such event, the city shall be entitled to recover reasonable attorney's fees and all costs associated with collection of the penalty. Costs include, but are not limited to, staff time incurred in the collection of the penalty and those set forth in Code of Civil Procedure Section 1033.5.

C. Lien. The amount of the unpaid administ rative penalty, plus late charge, plus interest, plus any other costs as provided in this chapter, may be declared a lien on any real property owned by the responsible party within the city of Visalia against whom an administrative penalty has been imposed. Notice shall be given to the responsible party prior to the recordation of the lien, and shall be served in the same manner as a summons in a civil action pursuant to Article 3 (commencing with Section 415 .10) of Chapter 4 of Title 5 of Part 2 of the Co de of Civil Procedure. The lien shall attach when the city manager or his/her designee records a lien listing delinquent unpaid administrative penalties with the Tulare County Recorder's Office. The lien shall specify the amount of the lien, the date of t he code violation(s), the date of the final administrative decision, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel In the event t hat the lien is discharged, released, or 652
satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in this section shall be recorded by the city clerk or designee.

D. Special Assessment. The amount of the unpaid administrative penalty, plus late charges, plus interest, plus any other costs as provided in this chapter, may be declared a special assessment against any real property owned by the responsible party within the city of Visalia against whom an administrative penalty has been imposed. The city council may impose the special assessment on more than one parcel. However, the amount of the assessment shall not exceed the penalty imposed for the administrati ve violation. The city manager or his/ her designee may present a resolution to the city council to declare a special assessment, and upon passage and adoption thereof shall cause a certified copy thereof to be recorded with the Tulare County recorder's office.

The assessment may then be collec ted at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municip al taxes or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

E. Withholding Future Entitlements. The city may withhold issuance of licenses, permits and other future entitlements to a responsible party or any project, property , or application of any kind whenever any administrative penalty , including but not limited to cost recovery charges for abatement of a nuisance, and fines, remains unpaid.

F. Other Enforcement Procedures. The city may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the enforcement of judgment law, Sections 680.010, et. seq. of the California Code of Civil Procedure.

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Public Hearing – First
Reading for Ordinance No.
2026-03
April 20, 2026

P L A N N I N G & C O M M U N I T Y P R E S E R V A T I O N 654

D E P A R T M E N T N A M E

SUMMARY
1Neighborhood Community Preservation staff is
seeking to update and revise various sections in
Chapter 1.13 “Code Enforcement Procedures and
Penalties”. The proposed amendments are to ensure
consistency related to the administrative process for
correcting violations.
2 3
4 6
visalia.gov
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D E P A R T M E N T N A M E
visalia.gov
Update to Section 1.13.030 Definitions
New Definitions
• Administrative Citation
• Person
• Responsible Party
• Violation
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D E P A R T M E N T N A M E
visalia.gov
Update to Section 1.13.030 Definitions
Revised Definition
Updated “Working Days” definition to:
• Exclude all days that City Hall offices are closed
to the public (ex. Sat., Sun., holidays).
• Corrected sections that referenced calendar
days to working days.
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D E P A R T M E N T N A M E
visalia.gov
Update to Section 1.13.060 Commencement of
Administrative Enforcement
• Removed requirement to pay deposit fines
for an Administrative Hearing.
• Removed requirement for all corrections to
be completed in ten (10) working days.
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D E P A R T M E N T N A M E
visalia.gov
• Clarify five (5) working days constitutes
mail delivery for owners and ten (10) days
for out of state owners.

Update to Section 1.13.070 Service of
Administrative Order
659

D E P A R T M E N T N A M E
visalia.gov
• Timeframe for an Appeal Hearing was
updated to 60 days.
• Verbiage for Government Code Section
1153 is added.

Update to Section 1.13.090 Administrative Appeal
Hearing
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Thank you
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0754 Agenda Date: 4/20/2026 Agenda #: 4.

Agenda Item Wording:

Ordinance authorizing an Airport Lease Agreement - Introduction of the first reading of Ordinance No. 2026-02 authorizing the City Manager to execute an airport lease agreement between the City of Visalia and the United States of America Department of Transportation Federal Aviation Administration.

Deadline for Action: None
Submitting Department: Administration
Contact Name and Phone Number: Jody Miller, Airport Manager, 713-4282, [email protected]; John Lollis, Assistant City Manager, 713-4323, [email protected] Department Recommendation:

Staff recommends that the City Council introduce the first reading of Ordinance No. 2026-02 authorizing the City Manager to execute an airport lease agreement with the United States of America Department of Transportation Federal Aviation Administration in its current location at the Visalia Municipal Airport Business Terminal for antenna and equipment space for a term of ten (10) years at the lease rent rate of seven hundred and twenty dollars ($720.00) monthly for a period of ten (10) years starting May 1, 2026 and continuing through September 30, 2036.

Background Discussion:

The City of Visalia and the United States of America Department of Transportation Federal Aviation Administration (FAA) first signed a lease agreement in 1996 for antenna and equipment space supporting the Automated Weather Observation System (AWOS). The most recent lease, No.

DTFAWN-12-L-0005, was executed on October 1, 2011, and expired on September 30, 2015. Since then, both parties have continued operating under a year-to-year arrangement and now seek to enter into a new lease agreement for the continued use of the property and existing facilities.

The “AWOS”is a crucial element to safe and efficient airfield operations and the equipment held in this space as well as the accompanying antenna are what powers the entire system.

Staff recommends the adoption of the new lease in lieu of exploring alternative tenants as the “FAA” and the equipment in the space allow the use of the navigational aide systems at the airport ensuring safe flight operations even in inclement weather. These systems are essential to the continued attraction of private jet, charter, and air cargo traffic to the airfield.

Fiscal Impact:

The Airport would receive eight thousand six hundred and forty dollars ($8,640.00) annually in the form of monthly payments of seven hundred and twenty dollars ($720.00) throughout the term of the lease. There are no annual Consumer Price Index (CPI) increases throughout the lease as the FAA Visalia City Council Printed on 4/16/2026Page 1 of 2
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File #: 25-0754 Agenda Date: 4/20/2026 Agenda #: 4.
lease. There are no annual Consumer Price Index (CPI) increases throughout the lease as the FAA does not allow increases for equipment and antenna space rentals.

Prior Council Action:

September 2011: Council authorized an Airport Lease Agreement between the City and the FAA for Antenna and Equipment Space used for the airfield “AWOS” system Alternatives:

City Council could decline authorization of the lease and direct staff to further negotiate the proposed lease.

Recommended Motion (and Alternative Motions if expected):

I move to introduce the first reading of Ordinance No. 2026-02, authorizing the City Manager to execute an airport lease agreement between the City of Visalia and The United States of America Department of Transportation Federal Aviation Administration for the specified terms and rent rate.

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

1. Draft Ordinance No. 2026-02

2. Draft Airport Lease Agreement

3. Airport Lease Agreement - October 1, 2011
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☒
Economic
Vitality
☒
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Printed on 4/16/2026Page 2 of 2
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ORDINANCE NO. 2026-02

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF VISALIA

AUTHORIZING THE LEASE OF CERTAIN REAL PROPERTY

TO THE UNITED STATES OF AMERICA

WHEREAS, the City of Visalia owns certain real property generally located at 9501 W airport Dr, Visalia Ca 93277, otherwise known as the “Business Terminal”; and

WHEREAS, the United States of America, Department of Transportation, Federal Aviation Administration has utilized said real property for the purpose of housing equipment crucial to the operation of the “AWOS” or Automated Weather Observation System which is a key component of safe and efficient air traffic at Visalia Municipal Airport since 1996; and,

WHEREAS, said FAA “AWOS” antenna and equipment is of benefit to, and necessary for the continued operation of the Visalia Municipal Airport; and,

WHEREAS, the original lease agreement between the City of Visalia and the United States of America terminated on September 30 th 2015 and has existed on a year -to- year basis since , and the parties wish to enter into a new lease agreement for the continued use of the property and existing facilities; and,

WHEREAS, the subject real property is described as follows:

800 square feet of space at the Business Terminal located at 9501 W. Airport Drive, Visalia, California 93277.

Now therefore be it ordained by the Council of the City of Visalia,

Section 1. The City Manager of the City of Visalia is hereby authorized to execute on behalf of the City of Visalia, that certain Lease Agreement by and bet ween the City of Visalia as Lessor and the United States of America, as Lessee, Lease No. 690EG4-25- L-00106.

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

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PASSED AND ADOPTED: BRETT TAYLOR, MAYOR

ATTEST: ___________________________

LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY

___________________________

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie Caviglia, City Clerk of the City of Visalia, c ertify the foregoing is the full and true Ordinance 2026-02 passed and adopted by the Council of the City of Visalia at a regular meeting held on _____________, 2026 and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated: LESLIE CAVIGLIA, CITY CLERK

By Reyna Rivera, Chief Deputy City Clerk

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1Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 ANTENNA & EQUIPMENT SPACE LEASE BetweenTHE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AndCITY OF VISALIA FAA CONTRACT NO: 690EG4-25-L-00106 ATID/FACILITY TYPE: VIS-AWOS LOCATION: VISALIA, CA 1.Preamble (09/2021) 6.1.1 This Lease for real property is hereby entered into by and between City of Visalia, hereinafter referred to as the Lessor and the United States of America, acting by and through the Federal Aviation Administration, hereinafter referred to as the FAA.2.Definitions (09/2021) 6.1.1-1 For purposes of this document, the following definitions apply;Contract- refers to this legal instrument used to acquire an interest in real property for the direct benefit or use by the FAA. As used herein, contract denotes the document (for example- lease, easement, memorandum of agreement, or other legally binding agreement) used to implement an agreement between a customer (buyer) and a seller (supplier). Contractor- refers to the party(ies) receiving a direct procurement contract from the FAA and who is(are) responsible for performance of contract requirements. For purposes of this document, the contractor may also be called the Lessor, Permittor, Licensor, Grantor, Airport, or Offeror depending on the type of contract or the provision within the contract. Government- refers to the United States of America acting by and through the Federal Aviation Administration (FAA). For purposes of this document, Government and FAA are interchangeable.Real Estate Contracting Officer (RECO) - is a trained and warranted official who contracts for real property on behalf of the FAA. For purposes of this agreement, RECO is interchangeable with Contracting Officer (CO). 3.Superseding Contract (09/2021) 6.1.2-1 This contract supersedes DTFAWN-12-L-00051 and all other previous agreements between the parties for the property described in this document. 4. Lease Witnesseth (09/2021) 6.1.3 Witnesseth: The parties hereto, for the consideration hereinafter mentioned, covenant and agree as follows: 5. Leased Space Description (07/2022) 6.1.4 The Lessor hereby leases to the Government the following described premises; Approximately eight (800) hundred square feet of equipment space shall be related to the FAA’s activities in support of Air Traffic operations, located at 9501 W. Airport Drive, Visalia, California 97277. 666
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6.Purpose (09/2021) 6.1.5 It is understood and agreed that the use of the herein described premises shall be related to FAA’s activities in support of the National Airspace System (NAS).7.Legal Authority (09/2021) 6.2.1 This contract is entered into under the authority of 49 U.S.C. 106(l)(6) and (n), which authorizes the Administrator of the FAA to enter into contracts, acquisitions of interests in real property, agreements, and other transactions on such terms and conditions as the Administrator determines necessary.8.Term (09/2021) 6.2.3 To have and to hold, for the term commencing on April 1, 2026 and continuing through September 30, 2036 inclusive, provided that adequate appropriations are available from year to year for the consideration herein. 9. Consideration (07/2023) 6.2.4 A. The Government shall pay annual rent in the amount of $8640.00, payable in monthly installments in the amount of $720.00. B. Payments shall be made in arrears without the submission of invoices or vouchers. Payments are due on the first business day following the end of the payment period and are subject to available appropriations. The payments shall be directly deposited in accordance with the “Payment by Electronic Funds Transfer” clause in this contract. Payments shall be considered paid on the day an electronic funds transfer is made. C. .Monthly payment shall be made in full to: City of Visalia. 10. Termination (01/2023) 6.2.5 The Government may terminate this contract at any time, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the Government. The RECO shall terminate this contract by delivering a written notice specifying the effective date of the termination. The termination notice shall be delivered at least 30 days before the effective termination date. No costs shall accrue as of the effective date of termination. 11. Excuse (09/2021) 6.2.5-3 A. The Lessor will not be in default because of any failure to perform the requirements of this Lease under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Lessor. B. Permissible causes for excuse are: i. acts of God (e.g., fires, floods, pandemics, epidemics, unusually severe weather, etc.), ii. acts of the public enemy, iii. acts of the Government in either its sovereign or contractual capacity, iv. pandemic, epidemic, or quarantine restrictions, v. strikes, and 667
3Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 vi. freight embargoes. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Lessor. C. Excuse will not be granted when: i. the Lessor had actual or constructive knowledge prior to the Lease Award Date that he/she could not perform in accordance with the requirements of the Lease contract; ii. the conditions of the property prevent performance; iii. the Lessor, its employees, agents or contractors, by error or omission, fails to perform; or iv. the Lessor is unable to obtain sufficient financial resources to perform its obligations. D. The RECO will ascertain the facts and extent of the failure. If the RECO determines that any failure to perform is excusable, the RECO will revise the delivery schedule subject to the rights of the Government under the default and termination clauses of this contract. 12.Binding Effect (09/2021) 6.2.6 The provisions of this contract and the conditions herein shall be binding upon, and for the benefit of, the parties and their successors and assigns. In the event of any sale or transfer of ownership of the property or any portion thereof, the Government will be deemed to have attorned to any purchaser, successor, assign, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the contractor under this contract establishing direct privity of estate and contract between the Government and said succeeding owner, with the same force, effect, and relative priority in time and right as if the contract had initially been entered into between such succeeding owner and the Government. 13.Holdover (07/2023) 6.2.12 If after the expiration of the Lease, the Government shall retain possession of the premises, the Lease shall continue in full force and effect on a month-to-month basis. Payment shall be made in accordance with the Consideration clause of the Lease at the rate paid during the Lease term. This period shall continue until the Government shall have signed a new lease with the Lessor, acquired the property in fee, or vacated the premises. 14.RE Clauses Incorporated by Reference (09/2021) 6.3.0 This solicitation or contract, as applicable, incorporates by reference the provisions or clauses listed below with the same force and effect as if they were given in full text. Upon request, the RECO will make the full text available, or the full text may be obtained via internet at https://fast.faa.gov/RPF_Real_Property_Clauses.cfm. A. Officials Not To Benefit (09/2021) 6.3.0-2 B. Assignment of Claims (09/2021) 6.3.0-3 C. Contracting Officer's Representative (09/2021) 6.3.0-4 D. Contingent Fees (09/2021) 6.3.0-5 15. Funding Responsibility for FAA Facilities (09/2021) 6.3.6 The Contractor agrees that all Contractor requested relocation(s), replacement(s), or modification(s) of any existing or future FAA navigational aid or communication system(s) necessitated by Contractor improvements or changes will be at the expense of the Contractor. In the event that the Contractor requested changes or improvements interferes with the technical and/or operational characteristics of the FAA's facility, the Contractor will immediately correct the interference issues at the Contractor’s expense. Any FAA requested relocation, replacement, or modifications shall be at the FAA's expense. In the event such relocations, replacements, or modifications are necessary due to causes not attributable to either the Contractor or the FAA, funding responsibility shall be determined by mutual agreement between the parties, and memorialized in a Supplemental Agreement. 668
4Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595

16.Changes (07/2023) 6.3.8 A. The RECO may at any time, by written order via Supplemental Agreement, make changes within the general scope of this Lease in any one or more of the following: i. Work or services; ii. Facilities or space layout; iii. Amount of space/land; iv. Any other change made within the scope of this lease. B. If any such change causes an increase or decrease in the Lessor’s cost or time required for performance under this lease, the RECO will modify this Lease to provide one or more of the following: i. An equitable adjustment in the rental rate; ii. A lump sum equitable adjustment; iii. An equitable adjustment of the annual operating costs per rentable square foot; or iv. An adjustment to the delivery date. C. The Lessor must assert its right to an adjustment by written proposal under this clause within thirty (30) days from the date of receipt of the change order. Lessor’s request must include all documentation necessary to validate his/her right to an adjustment. D. Nothing in this clause excuses the Lessor from proceeding with the change as directed.E. Absent written supplemental agreement the Government is not liable to the Lessor under this clause. 17.Failure in Performance (09/2021) 6.3.16 In the event the Contractor fails to perform a service, provide an item, or satisfy a requirement under this Contract, the Government may: A. perform the service, provide the item, or satisfy the requirement itself, and abate the rent by its actual costs (including administrative costs) incurred in doing so, B. not correct the Contractor’s performance and abate the rent by an amount reasonably calculated to approximate the decreased value of the Contract arising from the Contractor’s failure to perform, orC. pursue termination of the contract under the “Termination” clause(s) in this Contract. 18. No Waiver (09/2021) 6.3.17 No failure by the Government to insist upon strict performance of any provision of this Contract or failure to exercise any right, or remedy consequent to a breach thereof, will constitute a waiver of any such breach in the future. 19. Non-Restoration (09/2021) 6.3.18 It is hereby agreed between the parties that, upon termination of its occupancy, including any holdover period, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property that is the subject of this contract. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the contractor. 20. Quiet Enjoyment (09/2021) 6.3.25 The Contractor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government’s use and enjoyment of said premises against third party claims. 21. Damage by Fire or Other Casualty or Environmental Hazards (09/2021) 6.3.26 If the premises is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the premises is untenantable as determined by the Government, 669
5Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 the Government may agree to allow restoration/reconstruction, or may elect to terminate the contract, in whole or in part, immediately by giving written notice to the contractor and no further rental will be due. The Government shall have no duty to pay rent while the premises are unoccupied.22. Delivery and Condition (09/2021) 6.3.27 Unless the Government elects to have the space occupied in increments, the space must be delivered ready for occupancy as a complete unit by the agreed upon occupancy date. The Government reserves the right to determine when the space is ready to occupy, and to assess damages in the event the occupancy date is not met. 23. Interference (09/2021) 6.3.28 In the event that FAA operations interfere with the Contractor’s facility, the Contractor must immediately notify the RECO. The FAA will begin assessment of interference immediately upon notification. If the Contractor or its facility interferes with the FAA’s equipment and the Contractor either knows of, or is notified by the FAA, of the interference, the Contractor will immediately remediate the interference at its own cost.Notification under this clause must include the following information, if known: A. type of interference,B. the commencement date of the interference, and C. the root cause of the interference.24. Alterations (09/2021) 6.3.29 The Government shall have the right during the term of this Lease, including any extensions thereof, to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, alterations or structures so placed in, on, upon, or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. The parties hereto mutually agree and understand, that no restoration rights shall accrue to the Lessor for any alterations or removal of alterations to the leased premises under this Lease, and that the Government shall have the option of abandoning alterations in place, when terminating the Lease, at no additional cost. 25. Hold Harmless (01/2024) 6.3.30 In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act, 28 U.S.C. Ch. 171, the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be deemed to extend the Government's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity. 26.Compliance with Applicable Laws (09/2021) 6.3.31 The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner or Lessor, or both, of building or premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor’s expense. This Lease shall be governed by federal law. The Government will comply with all federal, state, and local laws applicable to and enforceable against it as a tenant under this lease, provided that nothing in this lease shall be construed as a waiver of the sovereign immunity of the Government. 670
6Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595

27.Examination of Records (09/2021) 6.3.32 The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative of either shall, until three (3) years after final payment under this contract, have access to and the right to examine any of the Lessor’s directly pertinent books, documents, paper, or other records involving transactions related to this contract. 28.Subordination, Nondisturbance and Attornment (09/2021) 6.3.33 A. The Government agrees, in consideration of the warranties and conditions set forth in this clause, that this contract is subject and subordinate to any and all recorded mortgages, deeds of trust and other liens now or hereafter existing or imposed upon the premises, and to any renewal, modification or extension thereof. It is the intention of the parties that this provision shall be self-operative and that no further instrument shall be required to effect the present or subsequent subordination of this contract. Based on a written demand received by the RECO, the Government will review and, if acceptable, execute such instruments as the contractor may reasonably request to evidence further the subordination of this contract to any existing or future mortgage, deed of trust or other security interest pertaining to the premises, and to any water, sewer or access easement necessary or desirable to serve the premises or adjoining property owned in whole or in part by the contractor if such easement does not interfere with the full enjoyment of any right granted the Government under this contract. B. No such subordination, to either existing or future mortgages, deeds of trust or other lien or security instrument shall operate to affect adversely any right of the Government under this contract so long as the Government is not in default under this contract. Contractor will include in any future mortgage, deed of trust or other security instrument to which this contract becomes subordinate, or in a separate non-disturbance agreement, a provision to the foregoing effect. Contractor warrants that the holders of all notes or other obligations secured by existing mortgages, deeds of trust or other security instruments have consented to the provisions of this clause, and agrees to provide true copies of all such consents to the RECO promptly upon demand.C. In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage, deed of trust or other security instrument, or the giving of a deed in lieu of foreclosure, the Government will be deemed to have attorned to any purchaser, purchasers, transferee or transferees of the premises or any portion thereof and its or their successors and assigns, and any such purchasers and transferees will be deemed to have assumed all obligations of the contractor under this contract, so as to establish direct privity of estate and contract between Government and such purchasers or transferees, with the same force, effect and relative priority in time and right as if the contract had initially been entered into between such purchasers or transferees and the Government; provided, further, that the RECO and such purchasers or transferees shall, with reasonable promptness following any such sale or deed delivery in lieu of foreclosure, execute all such revisions to this contract, or other writings, as shall be necessary to document the foregoing relationship. D. None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a sovereign. 29.Change of Ownership/Novation (07/2023) 6.3.34-1 A. If during the term of the Lease, title to the Property is transferred or the Lessor changes its legal name, the Lessor shall notify the Government within five days of the transfer of title/change of name. B. The Government and the Lessor must execute a Supplemental Agreement acknowledging the 671
7Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 transfer of title or name change. C. If title to the Property is transferred, the Government, the original Lessor (Transferor), and the new owner or assignee (Transferee) shall execute a Novation Agreement providing for the transfer of Transferor's rights and obligations under the Lease to the Transferee. When executed on behalf of the Government, a Novation Agreement will be made part of the Lease via Supplemental Agreement. D. The RECO may request additional information (e.g., copy of the deed, bill of sale, certificate of merger, contract, court decree, articles of incorporation, operation agreement, partnership certificate of good standing, etc.) from the Transferor or Transferee to verify the parties' representations regarding the transfer. E. If the RECO determines that recognizing the Transferee as the Lessor will not be in the Government's interest, the Transferor shall remain fully liable to the Government for the Transferee's performance of obligations under the Lease, notwithstanding the transfer. Under no condition shall the Government be obligated to release the Transferor of obligations prior to (a) the rent commencement date; and (b) any amounts due and owing to the Government under the Lease that have been paid in full or completely set off against the rental payments due under the Lease. F. As a condition for being recognized as the Lessor and entitlement to receiving rent, the Transferee must register in the System for Award Management (SAM) for purposes of “All Awards”, and complete all required representations and certifications within SAM and the “Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment” in this contract. G. If title to the Property is transferred, rent shall continue to be paid to the original Lessor, subject to the Government's rights as provided for in this Lease. The Government's obligation to pay rent to the Transferee shall commence on the effective date of the Supplemental Agreement incorporating the Novation Agreement. The Supplemental Agreement will not be issued until the Government has received all information reasonably required by the RECO, the Government has determined that recognizing the Transferee as the Lessor is in the Government's interest (which determination will be prompt and not unreasonably withheld), and the Transferee has met all conditions specified in sub-paragraph F. 30.Sublease (09/2021) 6.3.35 The Government reserves the right to sublease the space covered under this Lease to another agency or private party. In subleasing this space to another party, the Government is not relieved from its responsibilities under the terms of this Lease unless otherwise agreed upon with the Lessor. 31.Integrated Agreement (09/2021) 6.3.36 This Contract, upon execution, contains the entire agreement of the parties, and no prior written or oral agreement, express or implied shall be admissible to contradict the provisions of this Contract. 32.Unauthorized Negotiating (09/2021) 6.3.37 In no event shall the Contractor enter into negotiations concerning the premises with anyone other than the RECO or his/her designee. 33.Inspection of Leased Premises (09/2021) 6.3.38 To ensure a safe and healthy work environment for government employees, agents, and assigns, and to ensure the Contractor’s performance under this contract, the Government at all times and places during the term of the contract has the right to:A. inspect the leased premises and all other areas of the building to which access is necessary,B. test all performance requirements under the contract, and C. perform any necessary sampling and evaluation to ensure contract compliance. 672
8Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 If inspection reveals a contractual non-conformance, then the Government may require the Contractor to perform in accordance with the contract requirements at no increase in contract amount or the Government, in its sole discretion, may perform the work itself in accordance with the “Failure in Performance” clause of this Contract. The presence or absence of a government inspection does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the contract without the RECO’s written authorization. 34.Contract Disputes (09/2021) 6.3.39 A. All contract disputes arising under or related to this contract shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A contractor may seek review of a final FAA decision only after its administrative remedies have been exhausted.B. The filing of a contract dispute with the ODRA may be accomplished by mail, overnight delivery, hand delivery, or by facsimile, or if permitted by Order of the ODRA, by electronic filing. A contract dispute is considered to be filed on the date it is received by the ODRA during normal business hours. The ODRA's normal business hours are from 8:30 am to 5:00 pm Eastern Time.C. Contract disputes are to be in writing and shall contain: i. The contractor's name, address, telephone and fax numbers and the name, address, telephone and fax numbers of the contractor's legal representative(s) (if any) for the contract dispute; ii. The contract number and the name of the Contracting Officer; iii. A detailed chronological statement of the facts and of the legal grounds for the contractor's positions regarding each element or count of the contract dispute (i.e., broken down by individual claim item), citing to relevant contract provisions and documents and attaching copies of those provisions and documents; iv. All information establishing that the contract dispute was timely filed; v. A request for a specific remedy, and if a monetary remedy is requested, a sum certain must be specified and pertinent cost information and documentation (e.g., invoices and terminated checks) attached, broken down by individual claim item and summarized; and vi. The signature of a duly authorized representative of the initiating party D. Contract disputes shall be filed at the following address: i. For filing by hand delivery, courier or other form of in-person delivery: Office of Dispute Resolution for AcquisitionFederal Aviation Administration600 Independence Avenue SW., Room 2W100 Washington, DC 20591; or For filing by U.S. Mail:Office of Dispute Resolution for AcquisitionFederal Aviation Administration800 Independence Avenue SW Washington, DC 20591 673
9Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 [Attention: AGC-70, Wilbur Wright Bldg. Room 2W100]; orTelephone: (202) 267-3290 Facsimile: (202) 267-3720Alternate Facsimile: (202) 267-1293; or ii. Other address as specified in 14 CFR Part 17. E. A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the contract claim involved. A contract dispute by the FAA against a contractor (excluding contract disputes alleging warranty issues, fraud or latent defects) likewise shall be filed within two (2) years after the accrual of the contract claim. If an underlying contract entered into prior to the effective date of this part provides for time limitations for filing of contract disputes with the ODRA which differ from the aforesaid two (2) year period, the limitation periods in the contract shall control over the limitation period of this section. In no event will either party be permitted to file with the ODRA a contract dispute seeking an equitable adjustment or other damages after the contractor has accepted final contract payment, with the exception of FAA claims related to warranty issues, gross mistakes amounting to fraud or latent defects. FAA claims against the contractor based on warranty issues must be filed within the time specified under applicable contract warranty provisions. Any FAA claims against the contractor based on gross mistakes amounting to fraud or latent defects shall be filed with the ODRA within two (2) years of the date on which the FAA knew or should have known of the presence of the fraud or latent defect.F. A party shall serve a copy of the contract dispute upon the other party, by means reasonably calculated to be received on the same day as the filing is to be received by the ODRA. G. After filing the contract dispute, the contractor should seek informal resolution with the Contracting Officer. H. The FAA requires continued performance with respect to contract disputes arising under this contract, in accordance with the provisions of the contract, pending a final FAA decision.I. The FAA will pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the contract dispute, or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on contract disputes shall be paid at the rate fixed by the Secretary of the Treasury that is applicable on the date the Contracting Officer receives the contract dispute and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary until payment is made. Interest will not accrue for more than one year. J. Additional information and guidance about the ODRA dispute resolution process for contract disputes can be found on the ODRA website at http://www.faa.gov.35. Organizational Conflict of Interest (01/2023) 6.3.47 A. The offeror or Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in the FAA Acquisition Management System, "Organizational Conflicts of Interest (T3.1.7)", or that the Contractor has disclosed all such relevant information. B. The offeror or Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor must make a full disclosure in writing to the Contracting Officer. The disclosure must include a mitigation plan describing actions the Contractor has taken or proposes to take to avoid, mitigate, or neutralize the actual or potential conflict. Changes in the Contractor's relationships due to mergers, consolidations or any unanticipated circumstances may create an unacceptable organizational conflict of interest which may necessitate disclosure. 674
10 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 C. The FAA reserves the right to review and audit OCI mitigation plans as needed after award, and to reject mitigation plans if the OCI, in the opinion of the Contracting Officer, cannot be avoided, or mitigated. D. The Contracting Officer may terminate this contract for convenience in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate this contract for default, debar the Contractor from government contracting, or pursue such other remedies as may be permitted by law or this contract. E. The Contractor further agrees to insert provisions which must conform substantially to the language of this clause including this paragraph (d) in any subcontract or consultant agreement hereunder..36.System for Award Management - Real Property (04/2022) 6.4.1-1 (a) Definitions. As used in this clause: "Registered in the SAM database" means that the Contractor has entered all mandatory information, including the Unique Entity Identifier (UEI) or the Electronic Funds Transfer indicator, into the SAM database. "System for Award Management (SAM) Database" means the primary Government repository for Contractor information required for the conduct of business with the Government. “Unique Entity Identifier (UEI)” (also known as the Unique Entity ID) means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing Unique Entity Identifiers. “Electronic Funds Transfer indicator” means a 4-characher suffix to the Unique Entity Identifier. This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern. “Contractor” is synonymous with “Offeror” “Lessor” or “Grantor” for real property leases, easements, or other contracts. (b)(1) By submission of an offer, the Contractor acknowledges the requirement that a prospective awardee will be registered in the SAM database prior to award, during performance, and through final payment of any contract. (2) The Contractor must enter, in the space below, the contractor's UEI that identifies the Contractor's name and address exactly as stated in the offer. The UEI will be used by the RECO to verify that the Contractor is registered in the SAM database. UEI: __________________________ (c) If the Contractor does not have a UEI, it should contact www.sam.gov directly to obtain one.The Contractor should be prepared to provide the following information: (1) Company* legal business name. (2) Tradestyle, doing business, or other name by which your entity is commonly recognized.(3) Company Physical Street Address, City, State, and Zip Code. 675
11 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 (4) Company Mailing Address, City, State and Zip Code (if separate from physical).(5) Company Telephone Number. (6) Date the company was started. (7) Number of employees at your location. (8) Chief executive officer/key manager. (9) Line of business (industry). (10) Company Headquarters name and address (reporting relationship within your entity). * Individual (non-corporate) lessors/grantors of real property that are not normally in the business of leasing real property should consider leasing to the Government as a separate business (usually a sole proprietorship) then provide the pertinent ownership information as a sole proprietor when providing this information to www.sam.gov.(d) If the offeror does not become registered in the SAM database in the time prescribed by the RECO, the RECO may proceed to award to the next otherwise successful registered offeror.(e) Processing time should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of the solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after initial registration, the Contractor is required to review and update, on an annual basis from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.(g)(1)(i)If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in AMS Procurement Guidance, the Contractor must provide the responsible RECO a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of AMS regarding novation and change-of-name agreements; and (C) Agree in writing to the timeline and procedures specified by the RECO. The Contractor must provide the RECO notification and sufficient documentation to support the legally changed name and then execute the appropriate supplemental agreement provided by the RECO to document the name change. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement/supplemental agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the Payment by Electronic Funds Transfer- System for Award Management clause of 676
12 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 this contract. (2) The Contractor must not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees must be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the Payment by Electronic Funds Transfer-System for Award Management clause of this contract.(h) Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov or by calling 866-606-8220. 37.Payment by Electronic Funds Transfer- System for Award Management (09/2021) 6.4.2-1 A. Method of payment. i. Unless waived by the RECO, all payments by the Government under this contract will be made by electronic funds transfer (EFT), except as provided in paragraph (A)(ii) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. ii. In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either: a. Accept payment by check or some other mutually agreeable method of payment; or b. Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (D) of this clause). B. Contractor's EFT information. The Government will make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor must be responsible for providing the updated information to the SAM database. C. Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210. D. Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the SAM database; and any invoice or contract financing request will be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. E. Liability for uncompleted or erroneous transfers. i. If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for a. Making a correct payment; b. Paying any prompt payment penalty due; and c. Recovering any erroneously directed funds. ii. If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and a. If the funds are no longer under the control of the payment office, the Government is deemed to 677
13 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or b. If the funds remain under the control of the payment office, the Government will not make payment, and the provisions of paragraph (D) of this clause will apply. F. EFT and prompt payment. A payment will be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. G. EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor must require as a condition of any such assignment, that the assignee must register separately in the SAM database and will be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims, is not permitted. In all respects, the requirements of this clause will apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause. H. Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. I. Payment information. The payment or disbursing office will forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (A) of this clause, the Government will mail the payment information to the remittance address contained in the SAM database. 38.Work Performance (09/2021) 6.5.2 All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the RECO. The RECO retains the right to reject the Lessor’s workers 1) if such are either unlicensed, unskilled, or otherwise incompetent, or 2) if such have demonstrated unacceptable performance in connection with work carried out in conjunction with this Lease. In the event of such rejection, the Lessor shall offer substitute/replacement workers, subject to the approval of the RECO. 39. Installation of Antennas, Cables & Other Appurtenances (09/2021) 6.5.18 The Government shall have the right to install, operate and maintain antennas, wires and supporting structures, including any linking wires, connecting cables and conduits atop and within buildings and structures, or at other locations, as deemed necessary by the Government. The Government will coordinate with the Lessor when installing antennas, cables, and other appurtenances. 40.Doors (09/2021) 6.6.1 Exterior doors must be weather tight, equipped with cylinder locks and door checks, automatic door closures and open outward. The Lessor must furnish the Government at least 678
14 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 two master keys and two keys for each lock. Interior doors must be solid cored and at least 32 by 80 inches with a minimum opening of 32 inches and be of sturdy construction. Fire doors must conform to NFPA Standard No. 80. As designated by the Government, doors must be equipped with non-removable hinge pins, and locks with 7-pin removable cores. The Government shall provide cores. Locks, locking arrangements and latches must be in accordance with local building and fire codes, as well as OSHA 29 CFR 1910. 41. Display Advertising (09/2021) 6.6.7 If the leased premises are solely for Government use, no advertising matter shall be constructed on or over the premises, unless authorized by the RECO. 42.Erection of Signs (07/2022) 6.6.8 The Government has the right to erect on or attach to the Lessor's premises such signs as may be required to clearly identify the Government's facility or to post Government policies, rules, and regulations. Signs so erected will remain the property of theGovernment and will be removed from the premises upon termination of the lease. 43. Seismic Safety for Equipment (09/2021) 6.6.12 All Lessor-installed equipment, either Government provided or Lessor provided, shall be installed in strict accordance with the latest available edition of the International Building Code (IBC) at the time of execution of this contract and the DOT Specification FAA-G-2100H to ensure proper anchoring to protect personnel during a seismic event.44. Services, Utilities, and Maintenance of Premises (10/2022) 6.7.1-1 The Lessor will maintain the demised premises, including but not limited to, the building grounds, all equipment, fixtures and appurtenances furnished by the Lessor under this Lease, in a good, clean and tenantable condition. Utility and maintenance services supplied to space that houses technical equipment will be supplied 24 hours per day, seven days per week. The Government has unlimited access to the leased premises 24 hours per day, seven days per week, including, as applicable, the access to and use of electrical services, toilets, and lights at no additional cost. Such access allows the Government to service Government-owned technical equipment, or to perform other mission-critical related duties, as it determines necessary in its sole and absolute discretion. The Government has the right to use appurtenant areas and facilities for essential duties. In addition to such other services as are set forth elsewhere in this Contract, the Lessor will provide the following: A. Electricity B. Initial and replacement lamps, tubes and ballasts C. HVAC 68-80 degrees Fahrenheit D. Exterior and interior door locks and hardware – designed to accept 7-pin removable cores supplied by the Government 45. Fall Protection (09/2021) 6.8.4 The Contractor must ensure proper fall protection safety systems are in place for all work areas where Government personnel are required to perform work at four feet or more above the next lowest level on fixed ladders and within access points to elevated work areas in accordance with FAA Order 3900.19, FAA Occupational Safety and Health Policy, 29 CFR 1910, Occupational Safety and Health Standards (General Industry), 29 CFR 1926 Subpart M, Safety and Health Regulations for Construction, and applicable regulatory required American National Standard Institute (ANSI) Standards. All such elevated work surfaces (platforms, catwalks, roofs, etc.) must 679
15 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 have OSHA compliant guardrails, railings, toe boards and/or parapets where applicable to meet OSHA and ANSI requirements as referenced herein. 46.Environmental and Occupational Safety and Health (EOSH) Requirements (09/2021) 6.8.5 The Contractor must provide space, services, equipment, and conditions that comply with the following EOSH standards: A. 29 CFR 1910, Occupational Safety and Health Administration (OSHA) Standards (General Industry) B. 29 CFR 1926, Safety and Health Standards (Construction)C. National Fire Protection Association (NFPA) 101, Life Safety CodeD. FAA Order 3900.19, FAA Occupational and Health Policy E. FAA Standard HF-STD-001, Human Factors Design StandardF. National Fire Protection Association (NFPA) 70, National Electrical Code, and NFPA 70E, Electrical Safety in the Workplace G. Local and state EOSH regulations H. Local and state fire codes and building codes. Federal, state and local EOSH (OSHA and EPA) standards and building codes must be complied with when accomplishing any cleaning, construction, renovation, remodeling, maintenance activities or testing done in or on the leased premises and areas connected to or integrated with the premises. Additionally, whenever FAA standards require work processes or precautions to be provided, the Contractor will coordinate with the FAA before and during the work so that the proper requirements are met. Any equipment designed, installed, or used that presents a potential safety hazard shall be marked with appropriate warning labels or placards, in accordance with 29 CFR 1910.145, Specifications for Accident Prevention Signs and Tags, FAA HF-STD-001, Human Factors Design Standard, Chapter 12.16, Safety Labels and Placards, American National Standards Institute (ANSI) Standard Z535.4, Product Safety Signs and Labels, and FAA-G-2100H, Electronic Equipment, General Requirements, Section 3.3.5.4. 47. Warranty of Space (09/2021) 6.8.13 The contractor warrants that all space leased to the Government under this contract complies with federal, state, and local regulations. The space is not limited to that set forth in this contract, but also includes space above suspended ceilings in the leased space, air plenums elsewhere in the building that service the leased space, engineering spaces in the same ventilation zone as the leased space, public spaces in the same ventilation zone as the leased space, and public spaces and common use spaces (e.g., lobbies, hallways). 48. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (07/2023) 6.9.5 (a) Definitions. As used in this clause-- Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). 680
16 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 Covered foreign country means The People's Republic of China. Covered telecommunications equipment or services means— (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means— (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled— (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening. (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited 681
17 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.8.9C.1.c(5). (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in AMS T3.8.9C.1.c(5). This prohibition applies to an entity that uses covered telecommunications equipment or services, including use not in support of the Government. (c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor must report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information. For indefinite delivery contracts, the Contractor must report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order. (2) The Contractor must report the following information pursuant to paragraph (d)(1) of this clause:
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18 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor must describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. 49.Covered Telecommunications Equipment or Services- Representations (09/2021) 6.9.5-1 (a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning per the "Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment” clause in this contract. (b) Procedures. The offeror must review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards forcovered telecommunications equipment or services. (c) Representations. 1. The offeror represents that it _________ does, _________ does not providecovered telecommunications equipment or services as part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 2. After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it _____________ does, ______________ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses telecommunications equipment or services. 50.Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (09/2021) 6.9.5-2 NOTE: The offeror must not complete the representation at paragraph (d)(1) in this provision if the offeror has represented that it does not provide covered telecommunications equipment or services as part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument in the provision "Covered Telecommunications Equipment or Services – Representation" (c)(1). Additionally, The offeror must not complete the representation at paragraph (d)(2) in this provision if the offeror has represented that it does not use covered telecommunications equipment or services, or any equipment, system, or service that uses telecommunications equipment or services in the provision "Covered Telecommunications Equipment or Services – Representation" (c)(2). PROVISION/CLAUSE: (a) Definitions. As used in this provision-- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the 683
19 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 meanings provided in the clause AMS clause 6.9.5, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibitions. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in this prohibition will be construed to—(i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020 from entering into a contract or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential part of any system or as critical technology as part of any system. This prohibition applies to any entity that uses covered telecommunications equipment or services, including uses not in support of the Government. Nothing in this prohibition will be construed to- (i) Prohibit the head of the agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures: The offeror must review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from Federal awards for covered telecommunications equipment or services. (d) Representations. (1) The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. (2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents that that it [ ]does, [ ]does not USE covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror must provide the additional disclosure information required at paragraph (e) if the Offeror indicates “does”. 684
20 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 (e) Disclosures. Disclosure for the representation in paragraph (d) (1) of this provision-If the Offeror has responded “will” in the representation in paragraph (d) (1) of this provision, the Offeror must provide the following information as part of the offer—(1) For covered equipment (i) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known; (ii) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (iii) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) (1) of this provision; (2) For covered services- (i) If the service is related to item maintenance, a description of all covered telecommunications services offered (include on the item being maintained: brand, model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable; or (ii) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed uses of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. Disclosure for representation in paragraph (d) (2) of this provision. If the Offeror has responded “does” to paragraph (d)(2) of this provision, the offeror must provide the following information as part of the offer— (3) For covered equipment (i)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known; (ii) A description of all covered telecommunications equipment offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); and (iii) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) (2) of this provision. (4) For covered services- (i) If the service is related to item maintenance, a description of all covered telecommunications services offered (include on the item being maintained: brand, model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (ii) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed uses of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. 51. Cooperation with Defensive Counterintelligence Program Requirements (DCIP) (09/2021) 6.9.6 a. The FAA’s Defensive Counterintelligence Program (DCIP) (AXI-310) detects, deters, and denies 685
21 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 illicit human and technical intelligence collection activities as well as addressing other national security concerns. Such activities and concerns include, but are not limited to, activities conducted by, on behalf of, or otherwise supporting, foreign governments or elements thereof; entities or individuals that meet the definition of “foreign power” or “agent of a foreign power” in 50 U.S.C. § 1801; foreign organizations; foreign persons; international terrorist organizations or activities; or agents of any of the foregoing; or any other individuals or entities acting on behalf of, or otherwise in support of, any of the foregoing, against the FAA, its employees, facilities, equipment, systems, networks, operations, and information. b. Consistent with FAA Order 1600.84 FAA Defensive Counterintelligence Program, the contractor is required to cooperate to the fullest extent possible in the following requirements: 1) Any authorized DCIP inquiry or Counterintelligence (CI) investigation connected with this contract requested by the FAA Office of Security and Hazardous Materials Safety (ASH) to include granting authorized ASH or outside investigative department or agency personnel access to contract information, records or contractor personnel; 2) All applicable FAA security requirements as required under the contract consistent with FAA policy and applicable Federal law;3) When requested by the DCIP, and necessary to protect Controlled National Security Information (CNSI), Sensitive Unclassified Information (SUI), or otherwise protected information, contractor employees must sign a Defensive Counterintelligence Program Non-Disclosure Agreement (NDA) prior to being briefed on any information pertaining to a DCIP inquiry, CI investigation by another Department or Agency, or any other matter related to the DCIP. The NDA is located in Appendix C of the Order and in AMS Procurement Forms. Contractor employees are exempt from acknowledging any language in the NDA associated with unauthorized disclosure of received information that subjects FAA employees to personnel actions specified in the Human Resources Policy Manual (HRPM) Volume 4: Employee Relations ER-4.1 (4) and applicable collective bargaining agreements. 4) Contractors must first coordinate with the DCIP at [email protected] before contacting any law enforcement or investigative agencies on any known or suspected counterintelligence or other national security concern described in Paragraph 1 of FAA Order 1600.84. 5) Contractors must notify the DCIP as soon as possible if any law enforcement or investigative agency contacts them directly on any matter covered by FAA Order 1600.84. If an employee receives a direct request from an outside law enforcement or investigative agency for evidence related to a counterintelligence or other national security concern as described in Paragraph 1 of FAA Order 1600.84, the employee will refer the law enforcement or investigative agency to AXI-310. 6) Contractors must immediately notify the DCIP at [email protected], and the CO or their designee if their employees observe any of the following- a) Suspected or known acts of foreign intelligence collection activity against the FAA or its employees, systems, networks, operations, facilities, equipment, or information; b) Suspected or known espionage (See Appendix A of FAA Order 1600.84 for definition); c) Suspected or known unauthorized disclosure of CNSI, SUI, or otherwise protected information in the possession of the FAA by a FAA employee to a foreign government or element thereof, a foreign organization, an entity or individual that meets the definition of “foreign power” or “agent of a foreign power” in 50 U.S.C. § 1801, a foreign person, an international terrorist organization or activity, an agent of any of the foregoing, or any other individual or entity acting on behalf of or 686
22 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 otherwise supporting any of the foregoing; or d) Suspected or known theft, unauthorized disclosure, or unauthorized amassing of CNSI, SUI, or otherwise protected information in the possession of the FAA known or suspected to be for the purpose of conveying it to a foreign government or element thereof, an entity or individual that meets the definition of “foreign power” or “agent of a foreign power” in 50 U.S.C. § 1801, a foreign organization, a foreign person, an international terrorist organization or activity, an agent of any of the foregoing, any other individual or entity acting on behalf of or otherwise supporting any of the foregoing, or an unknown recipient, or statements of intent by an FAA employee to engage in any such actions. SUI or otherwise protected unclassified information whose theft, unauthorized disclosure, or unauthorized amassing, for the purposes described in the preceding sentence, is of concern includes, but is not limited to: i. Non-public information from an official FAA data network or information; ii. Imagery; iii. Technical specifications; iv. Trade secrets; v. Proprietary information; vi. Sensitive Security Information (SSI); and vii. Any other SUI e) Activities similar to those described in paragraphs b(6)(a)-(d) by, on behalf of, or otherwise supporting, potential lone wolf actors, malicious insiders, or transnational organizations of a national security concern. If notification of the CO or their designee is not feasible owing to the CO and/or their designee being one of the suspicious actor(s), the contractor must notify the DCIP directly at the above email address if they observe any of the above activities. 7) Elicitation attempts. Elicitation is the strategic use of conversation to extract information from people without giving them the feeling they are being interrogated. It is a technique used to discreetly gather information. It is a conversation with a specific purpose: collect information that is not readily available and do so without raising suspicion that specific facts are being sought. The conversation can be in person, over the phone, or in writing. Contractors must immediately notify the DCIP at [email protected], and the CO and/or their designee if their employees experience any known or suspected direct (e.g., personal encounter or telephone) or indirect (e.g., electronic or written communication) elicitation or attempted elicitation of CNSI, SUI, or otherwise protected information in the possession of the FAA by any suspicious entity or person, regardless of ethnicity, nationality, or FAA employment status, as soon as possible, but no later than 12 hours after the time of the incident, initial detection, or receipt of report, as applicable, or the next business day if the incident, initial detection, or receipt of report, as applicable, occurs on a weekend or holiday. Contractors must report these incidents regardless of where, when, or how the contact took place, or whether the employee was on or off duty. Suspicious activities include, but are not limited to: a) Direct or indirect contact or communication with a known or suspected foreign or foreign-affiliated person, or an unknown or unfamiliar person, seeking access to or disclosure of any CNSI, SUI, or otherwise protected information in the possession of the FAA for which such person does not meet the applicable access requirements, or that is outside the scope of their official duties; b) Direct or indirect contact or communication with a known or suspected foreign or foreign- 687
23 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 affiliated person, or an unknown or unfamiliar person, seeking specific information about an FAA employee’s official duty responsibilities, work projects, access to information, security clearance, travel plans, coworkers’ identities, or Information Technology (IT) system credentials for which such person does not meet the applicable access requirements, or that is outside the scope of their official duties; c) Direct or indirect contact, communication, or observance of a known or suspected foreign or foreign-affiliated person, or an unknown or unfamiliar person, seeking unauthorized access to FAA employees, equipment, operations, systems, information, facilities, or networks, including through a Personal Electronic Device (PED); d) Direct or indirect contact, communication, or observance of a known or suspected foreign or foreign-affiliated person, or an unknown or unfamiliar person, introducing, or seeking to introduce, unauthorized digital media or software into any FAA equipment, facilities, systems, or networks, including through a PED; e) Offers of compensation, gifts, or favors in exchange for FAA information or access to such information, regardless of medium; or access to FAA employees, equipment, operations, facilities, systems, or networks; f) Threats, attempts to coerce, or attempts to exploit any FAA employee by a known or suspected foreign or foreign-affiliated person, or by an unknown or unfamiliar person, in order to illicitly acquire FAA information or access to FAA employees, equipment, operations, facilities, systems, information, or networks; g) Solicitation by any person of FAA information for which they do not meet the applicable access requirements or that is outside the scope of their official duties; h) A request by any person for access to FAA employees, facilities, equipment, operations, systems, information, or networks for which they do not meet the applicable access requirements or that is outside the scope of their official duties; and i) Suspicious or unexplained contact by any person with an FAA employee, where the person has suspicious or unexplained knowledge of the employee. Unless requested by ASH, contractors must not disclose an elicitation attempt of the nature described above, in any other manner than to report the attempt to the CO or their designee and request that they report it to the DCIP. If that is not feasible, or if the CO or their designee are the suspicious actor(s), contractors may make these reports directly to the DCIP at the above email address. Contractors must not take any actions on their own initiative, as doing so may interfere with a DCIP inquiry or CI investigation. c. Failure to cooperate with any of the activities under section (b) above may be considered by the FAA to be a material breach of the contract.d. The Contractor is responsible for ensuring that the provisions of this clause flow down to its subsidiaries, subcontractors, and consultants performing this contract. 52.Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (04/2024) 6.9.8 (a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the AMS Real Property Clause 6.9.8-1, Federal Acquisition Supply Chain Security Act Orders—Prohibition. 688
24 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 (b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of AMS Real Property Clause 6.9.8-1, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (c) Procedures. (1) The Offeror must search for applicable FASCSA orders of the type identified in paragraph (b)(1) of AMS Real Property Clause 6.9.8-1 in the System for Award Management (SAM). Issued FASCSA Orders may be identified by selecting the “View FASCSA Orders” button from the SAM homepage (https://www.sam.gov) and viewing or downloading FASCSA orders from the Supply Chain Security Orders webpage. (2) The Offeror must review the SIR for any FASCSA orders that are not in SAM but are effective and do apply to the SIR and resultant contract (see AMS Guidance T3.8.9.C.4.c.(2)(A)(ii)).(3) FASCSA orders issued after the publication date of the SIR do not apply unless the order is subsequently added to the SIR via amendment.(d) Representation. By submission of this offer, the offeror represents that it has conducted a “reasonable inquiry” (as defined in AMS Real Property Clause 6.9.8-1), and that the offeror does not propose to provide or use in response to this SIR any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the SIR was issued, except as waived by the SIR, or as disclosed in paragraph (e) Disclosures, below.(e) Disclosures. The purpose for this disclosure is so the FAA may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror must provide the following information as part of the offer: (1) Name of the product or service provided to the Government; (2) Name of the covered article or source subject to a FASCSA order; (3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror; (4) Brand; (5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); (6) Item description; and (7) Reason why the applicable covered article or the product or service is being provided or used.(f) FAA review of disclosures. The Contracting Officer will review disclosures provided in paragraph (e) Disclosures, to determine if any waiver may be sought. A Contracting Officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver. 53.Federal Acquisition Supply Chain Security Act Orders—Prohibition (04/2024) 6.9.8-1 (a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means— 689
25 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 (1) “Information technology,” as defined in 40 U.S.C. 11101, including cloud computing services of all types; (2) “Telecommunications equipment” or “telecommunications service,” as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153); (3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e): (1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order. (2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order. (3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order. Intelligence community, as defined by 50 U.S.C. 3003(4), means the following— (1) The Office of the Director of National Intelligence;(2) The Central Intelligence Agency;(3) The National Security Agency;(4) The Defense Intelligence Agency; (5) The National Geospatial-Intelligence Agency;(6) The National Reconnaissance Office;(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs; (8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy; (9) The Bureau of Intelligence and Research of the Department of State; (10) The Office of Intelligence and Analysis of the Department of the Treasury; (11) The Office of Intelligence and Analysis of the Department of Homeland Security; or (12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community. National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency— (1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves 690
26 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or (2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. Reasonable Inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information. Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.(b) Prohibition. (1) Unless an applicable waiver has been issued by the issuing official, Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (b)(1). Yes X No DHS FASCSA orders Yes No X DoD FASCSA orders Yes No X DNI FASCSA orders (2) The Contractor must search for applicable FASCSA orders of the type identified in paragraph (b)(1) of this clause in the System for Award Management (SAM). Issued FASCSA Orders may be identified by selecting the “View FASCSA Orders” button from the SAM homepage (https://www.sam.gov) and viewing or downloading FASCSA orders from the Supply Chain Security Orders webpage. (3) The FAA may identify in the SIR additional FASCSA orders that are not in SAM, which are effective and apply to the SIR and resultant contract.(4) A FASCSA order issued after the publication date of the SIR applies to this contract only if added by an amendment to the SIR or by modification to the contract. However, see paragraph (c) of this clause. (5) Contractor request for waivers. (i) Required disclosures. If the contractor wishes to ask for a waiver of the requirements of an existing order identified in a SIR or contract for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor must disclose the following: (A) Name of the product or service provided to the Government; (B) Name of the covered article or source subject to a FASCSA order; 691
27 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 (C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror; (D) Brand;(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);(F) Item Description; (G) Reason why the applicable covered article or the product or service is being provided or used;(ii) FAA review of disclosures. The Contracting Officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A Contracting Officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action. (c) Notice and reporting requirement. (1) During contract performance, the Contractor is required to:(i) Comply with all FASCSA orders identified under paragraph (b) of this clause; and(ii) Review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor must conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance. (3) If the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a covered source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause, the Contractor must submit a report to the Contracting Officer.(4) The Contractor must report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c) of this clause:(i) Within 3 business days from the date of such identification or notification: (A) Contract number; (B) Order number(s), if applicable; (C) Name of the product or service provided to the Government or used during performance of the contract; (D) Name of the covered article or source subject to a FASCSA order;(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor; (F) Brand; (G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); (H) Item description; and (I) Any readily available information about mitigation actions undertaken or recommended.(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause: (A) Any further available information about mitigation actions undertaken or recommended. 692
28 Federal Aviation Administration Antenna & Equipment Space Lease, 04/2024 OMB CONTROL NO. 2120-0595 (B) In addition, the Contractor must describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order. (d) Removal. Upon notification from the contracting officer, during the performance of the contract, the Contractor must promptly make any necessary changes or modifications to remove any covered article or any product or service produced or provided by a source that is subject to an applicable Governmentwide FASCSA order.(e) Subcontracts.(1) The Contractor must insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services. (2) The Government may identify in the SIR additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor must notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the SIR that are not in SAM apply to the contract and all subcontracts. 54. Notices (09/2021) 6.10.1 All notices/correspondence must be in writing, reference the Contract number, and be addressed as follows: TO THE CONTRACTOR: City of Visalia 220 N. Santa Fe Street Visalia, CA 93292 TO THE GOVERNMENT: Federal Aviation Administration REAL ESTATE AND UTILITIES GROUP, AAQ-980 10101 Hillwood Parkway Fort Worth, TX 76177 693
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55. Signature Block (09/2021) 6.10.3 This Contract shall become binding when it is fully executed by both parties. In witness whereof, the parties hereto have subscribed their names as of the date shown below.City of Visalia By: _________________________ Print Name: _________________________ Title: ____________________ Date: _________________________ UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By: _________________________ Print Name: Angela M. Dixon Title: Real Estate Contracting Officer Date: _________________________ ATTACHMENTS/EXHIBITS: NumberTitleDate Number of Pages1 Exhibit A Authorization Certificate 2 3 4 5 694
Federal Aviation AdministrationCertificate of Authorization, 09/2021 CERTIFICATE OF AUTHORIZATIONI, the undersigned, hereby certify that ___________________________________, who signed thisInsert Name of Individual who signed the contractinstrument on of behalf of ________________________________ is in fact authorized to sign on behalf Insert Contractor Nameof ____________________________________ by authority of its governing resolution, and is within theInsert Contractor Namescope of its powers.Print Name*: _________________________ Print Title: __________________________Signature: ___________________________ Date: ______________________________*Note: the individual signing this certification cannot be the same person who signed the contract. 695
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0701 Agenda Date: 4/20/2026 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings
Monday, May 4, 2026 @ 7:00 p.m. at 707 W. Acequia
Wednesday, May 13, 2026 @ 4:00 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.

Visalia City Council Printed on 4/15/2026Page 1 of 1
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