AMENDMENT #1
TO
CONTRACT # 110223-MCN
THIS AMENDMENT is effective upon the date of the last signature below and is by and between Sourcewell and McNeilus Financial dba McNeilus Truck & Mfg. (Supplier).
Sourcewell awarded a contract to the Supplier to provide Refuse Collection Vehicles with Related Equipment, Accessories, and Services to Sourcewell and its Participating Entities, effective December 23, 2023, through December 28, 2027 (Contract).
Supplier has changed its sales model to include dealers.
NOW, THEREFORE, the parties wish to amend the Contract as follows:
1. The Response to Line item 29 under “Table 5: Pricing and Delivery” in the Proposal is deleted in its entirety and replaced with the following:
“The McNeilus discount offered to Sourcewell members has changed from an eight (8) percent to a three (3) percent discount off of MSRP for all whole goods and options with the exception of extended warranties. Chassis pricing will be priced upon request, as well as requests for rentals, pending availability. McNeilus is establishing a dealer network to build strategic relationships allowing us to harness the strength, experience and large footprint of we/I-established dealerships and enhance the overall customer experience. Our dealers will enhance sales, parts and service support, and bring more access to stock units on the ground along with connection to direct sales and support contacts.”
2. The Response to line item 35 under “Table 5: Pricing and Delivery” in the Proposal is deleted in its entirety and replaced with the following:
“McNeilus uses a combined factory direct and dealer sales and distribution model.”
3. The Response to line item 50 under “Table 11: Ability to Sell and Deliver Service” in the Proposal is deleted in its entirety and replaced with the following:
“McNeilus offers a combined factory direct and dealer sales force. With this sales force, Sourcewell members are getting experts helping them with the solutions they need. This also ensures a team of people intimately familiar with the Sourcewell pricing structure, contract and knowledge of how to provide options to customers via the Sourcewell contract.”
4. The Response to line item 52 under “Table 11: Ability to Sell and Deliver Service” in the Proposal is deleted in its entirety and replaced with the following:
671
Sourcewell Contract # 110223-MCN | Amendment #1
“With the expanding McNeilus dealer network, we are ready to meet the needs of customers wherever they may be. We are continuously working with our dealers to look at areas that need more McNeilus service and mobile technicians and are evaluating where we can continue to grow the footprint to better service our customers through traditional and nontraditional McNeilus methods. McNeilus also employes a team of remote (over the phone) factory direct, dedicated, troubleshooting technicians to aid dealers in diagnosing and troubleshooting issues through dialing one of our McNeilus help lines.”
5. The Response to line item 53 under “Table 11: Ability to Sell and Deliver Service” in the Proposal is deleted in its entirety and replaced with the following:
“Sourcewell members will contact a McNeilus dealer seeking information or a quotation on a refuse collection vehicle. After discussing the customer needs, and potentially an in-person review of existing equipment, a specification is set forth and the McNeilus dealer will use our web-based configurator to build the specification and generate a price to the Sourcewell member. All Sourcewell quotes will be reviewed by sales leadership for accuracy and to ensure all portions of the Sourcewell contract are adhered to, including price and clearly stating the Sourcewell contract number on the quote. The quote and specification are then shared with the Sourcewell member. If the Sourcewell member is providing their own chassis, or a chassis from their local dealer, a chassis specification will be shared with the dealer for a compatibility review to be done by McNeilus engineering and/or sales operations team members to ensure correct component placement, integration work is done and best possible body fitment. Upon acceptance, either the quote is signed and returned, or a customer issued PO is returned to the dealer, and the documentation is submitted into our quoting tool for placement of the order into our build schedule. Communication will be consistent through the build process to ensure updates are provided and Sourcewell members know when to expect their equipment so that they can plan accordingly.” Except as amended above, the Contract remains in full force and effect.
Sourcewell McNeilus Financial
dba McNeilus Truck & Mfg.
By: By:
Jeremy Schwartz, Chief Procurement Officer Jason Fritz
Date: Title:
Date:
672
4490 South K Street, Tulare, CA 93274
(559) 220-8897 ~ haakerrefuse.com
QUOTE
April 14, 2026
TO: CITY OF VISALIA ATTN: JASON SERPA
336 N. BEN MADDOX WAY (559) 715-4533
VISALIA, CA 93292 [email protected]
In accordance with your request, we are pleased to submit the following proposal for your consideration and approval based on the Sourcewell Cooperative Purchasing Agreement – Contract #110223-MCN.
DEMO McNEILUS VOLTERRA ZFL
Electric 40-Yard Zero Radius Automated Front Loader.
STANDARD AND OPTIONAL EQUIPMENT INCLUDES:
CHASSIS
CHASSIS TYPE MCNEILUS CHASSIS
CHASSIS MAKE MCNEILUS
CHASSIS MODEL VOLTERRA
CHASSIS MODEL YEAR 2025
FUEL TYPE ELECTRIC BATTERY PACK
PRIMARY FUEL SYSTEM ELECTRIC PROPULSION SYSTEM
EV BATTERY CAPACITY 3-STRING 498 KWH
CHARGE PORT MODEL SAE J1772CCS1 200-AMP
CHARGE PORT LOCATION CENTER, FOV, BELOW WINDSHIELD
PUMP DRIVE BODY MOUNTED ELECTRIC MOTOR
STEERING CONFIGURATION CURB SIDE SEATED STEERING
CAB SEATS CS AIR / SS FIXED
CAB MIRRORS HEATED ELECTRIC CAB MIRRORS
FRONT RECOVERY HOOK BUMPER MOUNTED RECOVERY PIN
REAR MUDFLAPS BLACK MCNEILUS LOGO
NOISE GENERATOR TRUE
BODY
CAPACITY ZSL 31YD LNG FLR LRG TG LO PRO
BODY FLOOR THICKNESS 3/16" AR200 (HEAVY DUTY)
HOPPER FLOOR 1/4" AR400
TG BUMPER WIDTH 72 INCHES
TG SEAL HARD RUBBER SEAL
BODY OPTIONS
HOPPER TOP DOOR TOP DOOR W/ BRUSH SKIRT
JOYSTICK STYLE INTEGRATED JOYSTICK
CS OUTSIDE CONTROLS FRONT FENDER
TG BODY ARM UP FLASHING LED IN DASH DISPLAY
TAILGATE PROP OPENING STANDARD OPENING
PACKER FOLLOWER STANDARD 10GA 50KSI PANEL
PACKER FOLLOWER HINGE COVER YES, INCLUDED IN EVERY TRUCK X-WEAR IS STANDARD YES, INCLUDED IN EVERY TRUCK
CLEANOUT DOOR SPILL TRAY CURB SIDE AND STREET SIDE
HYDRAULICS
HYDRAULIC RESERVOIR STEEL CS INSIDE OF BODY
HYDRAULIC FLUID CASTROL HV32 DUAL RANGE
HYD RESERVOIR FLUSH QD #16 MALE QD SUC AND #16 MALE RET HYDRAULIC RETURN FILTER IN-TANK FILTER
FILL THROUGH FILTER #16 MALE QD IN FILTER TUBE
HYDRAULIC PUMP DUAL AXIAL PISTON PUMPS
PACKER/EJECTOR CYLINDER MAILHOT
RES SUCTION SHUTOFF VALVE BALL VALVE W/ YELLOW HANDLE
LOW HYD OIL LEVEL WARNING OIL LEVEL BUILT IN CAB DISPLAY TEMP SENSOR IN RESERVOIR YES, INCLUDED IN EVERY TRUCK
TELL TALE HYD TEMP GAUGE BUILT INTO DISPLAY
HYD FLUID SAMPLE PORT CHECK FLUID KP14NV 90DEG
PRESSURE TEST PORT INTEGRATED READING IN DISPLAY
SERVICE LIFT BODY SERVICE LIFT W/OUT PUMP
LIGHTING
LED LIGHT PACKAGE PROGRAMMABLE STROBE LIGHTS
HOPPER LIGHTS ONE GROTE ROUND LED
ARM WORK LIGHTS ONE GROTE ROUND LED
MID BODY WORK LIGHTS BOX MTD GROTE LED
MID-BODY DOT OVAL LIGHT OVAL AMBER TURN SIGNAL/MARKER
CENTER STOP LIGHT GROTE LIGHT CENTER OF TG
TG STROBE ACTIVATION ACTIVATED WHEN BODY ENABLED
TG CAMERA ASSIST LIGHTS DUAL GROTE ROUND LED
CAMERA
CAMERA SYSTEM INTEGRATED 360 CAMERA SYSTEM
TAILGATE CAMERA REAR VIEW IN 360 CAMERA SYSTEM
CAB CAMERA SS VIEW IN 360 CAMERA SYSTEM
ALLEY CAMERA ALLEY VIEW IN 360 CAMERA SYST
HOPPER CAMERA HOPPER VIEW IN 360 CAMERA SYST
ARM CAMERA ARM VIEW IN 360 CAMERA SYSTEM
CAMERA DISPLAY INTEGRATED IN CAB
DVR MOUNTED IN CAB DVR INTEGRATED W/ 360 CAM SYST
DRIVER/ENVIRONMENT CAM LYTX SF FWD WS VW/SS DRV 2 CAM
ARMS AND FORKS
ARM MODEL 12 FT EXTENDED REACH ARM-96GAL
ARM FINGERS STANDARD FINGER GRABBER
ARM CONTROLS CS JOYSTICK CONTROL
AUTOLOAD INTEGRATED IN ARM CONTROLS
GRABBER OPEN INTERLOCK INTEGRATED IN ARM CONTROLS
MISC BODY
CENTER BUMPER MOUNT TOOLBOX 16"D X 14"H X 24" W
ALUMINUM
BROOM HOLDER ON BODY NO
WHEEL CHOCK HLD, SIDE OF BODY SINGLE CHOCK HOLDERS, 2 CS VULCAN 2 POINT SYSTEM
SAFETY
TRIANGLE SAFETY KIT BOLTED INSIDE BUMPER TOOLBOX
20 POUND FIRE EXTINGUISHER CS HEADFRAME MTD FIRE EXT
FIRE EXTINGUISHER IN CAB 2.5 LB ABC
SPILL KIT 17 GALLON SPILL KIT
SPILL KIT MOUNTING LOC INSIDE TOOLBOX
COLLISION WARNING SYSTEM INTEGRATED ZF ONGUARDMAX
BACKUP ALARM PRECO 1059 DUAL TONE
PAINT
PAINT SCHEME PAINT LAYOUT ON FILE
NUMBER OF BODY COLORS QTY 1
BODY PAINT CATEGORY 1 COLOR, MEDIUM COMPLEXITY
BODY CLEAR COAT NONE
BODY COLOR 1 DESCRIPTION WHITE
BODY COLOR 1 CODE HST500891
PRIMARY BODY COLOR SHADE LIGHT
CAB / HOOD PAINT PACKAGE STANDARD STOCK PAINT SCHEME
CONSPICUITY TAPE YES, INCLUDED IN EVERY TRUCK
DECAL LANGUAGE ANSI COMPLIANT ENGLISH
AUTOMATED ARM COLOR BLACK
NUMBER OF CAB COLORS QTY 1
673
CAB PAINT CATEGORY 1 COLOR, MEDIUM COMPLEXITY
CAB COLOR 1 DESCRIPTION WHITE
CAB COLOR 1 CODE HST500891
BATTERY PANEL COLOR DESCRIPTION WHITE
BATTERY PANEL COLOR CODE HST500891
PRIMARY BATTERY PANEL COLOR SHADE LIGHT
AXLE
ELECTRIC AXLE TANDEM ALLISON 100S, 2X23K LBS, GAWR
DIFFERENTIAL LOCK TRUE
FRONT TIRE SIZE 315/80R22.5
FRONT TIRE MAKE BRIDGESTONE
TANDEM WHEEL CONFIGURATION DUAL
TANDEM TIRE MAKE BRIDGESTONE
REAR SUSPENSION HENDRICKSON HAULMAXX SPRING
TAG AXLE QUANTITY ONE
TAG MAKE/MODEL WATSON 13.5K STLK
TAG WHEEL ENDS 10 STUD DUCTILE, HP
TAG WHEEL MATERIAL ALUMINUM, CLEAN BUFF
TAG TIRE BRIDGESTONE R250 255/70R 22.5
TAG TIRE ARRANGEMENT SINGLE DISHED INSIDE
TAG AXLE LOCK TRUE
AUX AXLE REGULATOR LOC SS BETWEEN CAB AND BODY
AUX AXLE PRESSURE GAUGE INTEGRATED IN DASH DISPLAY
SUBSCRIPTIONS
CLEARSKY,8-YEAR, VOLTERRA
PRICING FOR 1 UNIT:
BODY LIST PRICE: .................................................................................................... $ 1,023,724.00 SOURCEWELL AND HAAKER DISCOUNTS: ..................................................... ($ -214,240.00) BODY SUBTOTAL: ...................................................................................................... $ 809,484.00 DEALER PREP / PDI: ........................................................................................................ $ 1,200.00 TRAINING........................................................................................................................... $ 1,200.00 FREIGHT: .......................................................................................................................... $ 13,000.00 UNIT SUBTOTAL: ........................................................................................................ $ 824,884.00 SALES TAX (8.50%): ........................................................................................................ $ 70,115.14 FLOORING: ........................................................................................................................ $ 5,000.00 UNIT TOTAL PRICE:.................................................................................................... $ 899,999.14 *Quoted pricing is based on the order date, except for tariffs, which are applied based on the equipment’s build date.
Any such tariffs will be documented and shared with you. Please note this price does not include potential future tariffs, including anticipated trade tariffs on raw materials in 2026 under the IEEPA and Section 232 of the Trade Expansion Act.
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED OR IMPLIED,
OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: Price is good for 90 Days . Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.
TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.
DELIVERY: 180-220 Days TERMS: Net Terms
Add-On/Cooperative Purchase Authorization: Haaker Equipment Company offers the above proposed price, terms and conditions to any governmental agency or subdivision in the State of California or Nevada for a period not to exceed a full calendar year from the date of original purchaser’s purchase order or contract.
We appreciate the opportunity to present this proposal and look forward to being of further and continued service.
HAAKER EQUIPMENT COMPANY ACCEPTED BY:
BY: Matt Frazier DATE:
MATT FRAZIER
SALES REPRESENTATIVE
674
Tulare County Association of Governments - Federal Transportation Improvement Program (Dollars in Whole)
Local Highway System
DIST:
06 PPNO: EA: CTIPS ID:
215-0100-0018
CT PROJECT ID: MPO ID.:
TUL25-200
COUNTY:
Tulare County
ROUTE: PM:
TITLE (DESCRIPTION):
New EV Refuse Vehicle and Charging Equipment
Purchase (Using Toll Credits) (In the City of Visalia;
Purchase of a new battery electric powered refuse
vehicle and charging equipment. (2022 RTP Table F-6.1,
page E-14))
MPO Aprv: 05/14/2026
State Aprv: 05/21/2026
Federal Aprv: 05/22/2026
EPA TABLE II or III EXEMPT CATEGORY
Non construction related activities.
IMPLEMENTING AGENCY: Visalia, City of
PROJECT MANAGER: Jason Serpa PHONE: (559) 713-4533 EMAIL: [email protected] PROJECT VERSION HISTORY (Printed Version is Shaded) (Dollars in whole) Version Status Date Updated By Change Reason Amend No. Prog Con Prog RW PE 1 Official 05/14/2026 GGUTIERR Amendment - New Project 24 929,000 * CMAQ -
* Fund Source 1 of 1
* Fund Type: Congestion Mitigation
* Funding Agency: Tulare County Association of
Governments
PRIOR 24-25 25-26 26-27 27-28 28-29 29-30 BEYOND TOTAL
PE
RW
CON 929,000 929,000
Total: 929,000 929,000
Comments:
******** Version 1 - 04/30/2026 ********New project for the 2025 FTIP. Purchase of 1 new EV Refuse Vehicle and Charging Equipment. Uses toll credits in lieu of local match. //gg Products of CTIPS Page 1 05/28/2026 10:17:01675
Solid Waste Electric Truck
Pilot
676
visalia.gov
Why electrify?
The State of California and the California Air Resources Board have mandated that State and local agencies begin converting their heavyduty fleets to zero emission starting 2024. CNG does not qualify as meeting the regulations. This leaves electric as the only alternative, as hydrogen fuel cell trucks are still not available.
A pilot electric vehicle will assist staff in getting real world data on the new technology, specific to the City of Visalia over an extended period of time.
There are now enough users of electric trucks to obtain good references and information.
677
visalia.gov
Research Process and Information Gathering Overview
Staff researched and demo’ed viable solid waste trucks from various manufacturers and configurations. This included ensuring the Transit charging station was compatible, and also included the Fleet Department for servicing and maintenance questions. After selecting a preferred manufacturer for viability and experience, staff collected testimonials and researched current operators of the selected truck within, and outside, California.
After ensuring that the truck was a operationally viable alternative for a current CNG truck, staff compiled data and cost figures, including initial quotes, to determine the lifetime cost of an electric truck versus the City’s current CNG platform. 678
visalia.gov
Trucks Considered
Trucks that Staff considered and their general operating specifications:
*extra legal weight capacity capable on electric trucks due to tag axle (except Battle Motors) Mack LR Electric Peterbilt 520EV Battle Motors McNeilus Volterra CNG Comparable Electric Battery Capacity 334 kWh 400 kWh 400kWh 498 kWh N/A Battery Type Lithium-Ion Lithium-Iron Phosphate Lithium-Iron Phosphate Lithium-Ion N/A Range 100 miles 150 miles 210 miles 150 miles 150 miles GVWR (Gross Vehicle Weight Rating) 72,000 lbs 77,020 lbs 66,000 lbs 66,000 lbs 60,000 lbs Maximum Legal Weight (CA) 59,500 lbs 59,500 lbs 57,500 lbs 59,500 lbs 51,500 lbs Payload 16,500 lbs 17,060 lbs 17,340 lbs 19,280 lbs 14,400 lbs Charging (@150kW) 2 hours 3-4 hours 3 hours 4 hours N/A Capacity 28 cubic yards 28 cubic yards 28 and 31 yard options 31 cubic yards 28 cubic yards 679
visalia.gov
Staff Selection Criteria
Mack LR Electric – Battery capacity and range was not desirable. Peterbilt 520EV – Was a viable truck, but seemed to perform with less battery efficiency compared to alternative. Was able to complete route as needed. Not many on the road or sold.
Battle Motors – Not enough experience (sales in CA) outside of demo that warranted comparison.
McNeilus Volterra – Was a viable truck that seemed to check off all operational needs, with the best range and turning radius. Was able to complete route as needed.
Many operators throughout California for references.
680
visalia.gov
Staff Selection – McNeilus Volterra
Local McNeilus dealer is located in Tulare, CA.
Able to service and provide warranty work locally.
Two options available:
New truck, ordered through the Sourcewell Cooperative Demo Truck, also available through the Sourcewell Cooperative (due to mileage being less than 3,500. (Current mileage is 1,721) *Demo Truck is also still grant eligible as verified through the Air Resources Board.
681
visalia.gov
McNeilus Volterra Considerations
Knowing the cost of an electric alternative to CNG would have a higher upfront cost, staff considered what grant options were available to bridge the cost gap.
In addition, staff considered the lifetime cost of owning an electric truck versus a CNG model to determine if any cost savings are anticipated due to the difference in fuel and maintenance needs.
682
visalia.gov
Lifetime Cost Comparison: Electric vs. CNG
Electric Advantages
Lower estimated repairs
Lower estimated maintenance
Lower estimated cost of fuel (charge)
Electric Drawbacks
Higher up-front capital cost
Possible unknowns due to experience
Possible repair delays
683
visalia.gov
General Assumptions for Comparison
CNG Truck
210 working days per year
10-year life
90 miles average per day, per route
No Air Board Incentives
Electric Truck
210 working days per year
10-year life
90 miles average per day, per route
Air Board Incentives (HVIP, Truck Replacement Program) 684
visalia.gov
Assumptions for Comparison
CNG Truck
CNG fuel - $1.61/gal (current price)
CNG Fuel Use – 45 DGE per day (60% of max 75 DGE)
Repairs and Maintenance based on 10-year actual averages Electric Truck
Electricity - $0.22/kWh (off-peak)
50% battery use per day (249 kWh)
Repairs at a factor of 73.11% of CNG
Maintenance at a factor of 50% of CNG *
*based on operator 2-year actuals
685
visalia.gov
10-year Total Cost Comparison versus CNG
* Potential to stack an additional $120,832 Air Board Grant, if qualified after purchase. 10-year Electric VS CNG Comparison
CNG Electric Demo Electric New
Purchase Price $527,371.08 $848,035.38 $931,171.35
Initial Charger $0.00 $28,333.20 $28,333.20
Grant Dollars HVIP $0.00 ($150,000.00) ($150,000.00)
Total Purchase Price (including tax) $527,371.08 $726,368.58 $809,504.55 Estimated Repairs (related to Parts & Labor) $285,919.67 $209,035.87 $209,035.87 Estimated Preventative Maintenance $38,082.29 $19,041.14 $19,041.14 Estimated Fuel $152,433.44 $114,478.50 $114,478.50
Total Cost of Ownership (Annual) $1,003,806.48 $1,068,924.09 $1,152,060.06 686
visalia.gov
10-year Total Repair and Mtc Cost Comparison vs CNG
687
visalia.gov
Additional Purchase Requirements
Maintenance Requirements
PPE required for servicing electric vehicles
General safety equipment for the Fleet department related to high electric current (barricades, etc.)
Additional specialized high voltage training (included in purchase) Charging Backup Solutions/Opportunities
Initial Charger (Backup)
Future Solar Consideration
688
689
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0860 Agenda Date: 6/15/2026 Agenda #: 19.
Agenda Item Wording:
Parks and Recreation Commission appointment - Approve the Parks and Recreation Commission sub-committee recommendation to reappoint Commissioners Nancy Hawkins and Kaitlyn Lusk to their second terms to the Parks and Recreation Commission.
Agenda Date: 06/15/2026
Prepared by: Laurissa Roggenkamp, Recreation Manager [email protected], 713- 4336; Jason Glick, Parks and Recreation Director, [email protected], 713-4042 Department Recommendation: It is recommended that the City Council reappoint Commissioners Nancy Hawkins and Kaitlyn Lusk to their second terms, as recommended by the Parks and Recreation Commission sub-committee.
Summary:
At the regular meeting of the Parks and Recreation Commission held on May 12, 2026 the Commission selected members to serve on a subcommittee responsible for reviewing applications and making recommendations to the City Council for two upcoming Commission vacancies.
A total of fourteen applications were received for the two available seats. The subcommittee conducted a full review of all submissions, considering relevant experience, community involvement, and alignment with the mission of the Parks and Recreation Commission.
Following its review, the subcommittee unanimously selected two candidates for recommendation to the City Council. The subcommittee is not recommending alternates at this time.
Recommended Candidates:
· Nancy Hawkins
o Current Commissioner of the Parks and Recreation Commission, has served one term with strong attendance and active participation
o Resides in the Northeast quadrant of Visalia
o Member of the Master Gardeners club; assists with maintenance of the Ralph Moore Memorial Rose Garden at Visalia’s Memorial Park
o Active volunteer with several Visalia and Tulare County nonprofit organizations o Long
‑
time Visalia resident and retired schoolteacher with the Visalia Unified School District
· Kaitlyn Lusk
o Current Commissioner of the Parks and Recreation Commission, has served one term with strong attendance and active participation
o Resides in the Northwest quadrant of Visalia
Visalia City Council Page 1 of 3 Printed on 6/12/2026
powered by Legistar™690
File #: 25-0860 Agenda Date: 6/15/2026 Agenda #: 19.
o Volunteer for Assistance League of Visalia
o Long-time resident of Visalia
o Works professionally in the field of municipal recreation They are assuming new two-year terms through June 2028, this will be their second term, they will be eligible for two additional two-year terms.
Background Discussion:
The Visalia Parks and Recreation Commission serves as an advisory body to the City Council and City Manager on matters related to parks, playgrounds and recreational facilities. Its purpose is to provide recommendations that support the development, maintenance and enhancement of public spaces and recreation programs, ensuring they meet the needs of the community. The commission promotes opportunities for leisure, wellness, and community engagement, helping to guide policies, and projects that enrich the quality of life for Visalia residents.
The Parks and Recreation Commission is currently comprised of five appointed commissioners:
o Samantha Wagner
o Resides in Northwest quadrant
o Currently serving third term, term expiring June 2027 o Janelle Hickey
o Resides in Northeast quadrant
o Currently serving second term, term expiring June 2027 o Jacob Olson
o Resides in Southwest quadrant
o Currently serving first term, term expiring June 2027 o Nancy Hawkins - Recommended to serve 2nd term
o Resides in Northeast quadrant
o Currently serving first term, term expiring June 2026 o Kaitlyn Lusk - Recommended to serve 2nd term
o Resides in Northwest quadrant,
o Currently serving first term, term expiring June 2026 Pursuant to Article VII of the Visalia City Charter, the Council, may provide for appointment of the Parks and Recreation Commission five members to serve without compensation, and to act in an advisory capacity to the Council and City Manager in all matters pertaining to parks, playgrounds, and recreation facilities.
In accordance with the City Charter, the Parks and Recreation Commission is comprised of five voting members. Pursuant to the Visalia Municipal Code 2.12.010 vacancies from any cause on the Parks and Recreation Commission shall be filled by City Council.
Recruitment Process:
Upon notice of the pending term expiring, staff conducted a recruitment for applicants. The recruitment was advertised:
o Applications (current and new): 14
o Review Panel: Parks & Recreation Sub-Committee, Commission Chair Samantha Wagner and Visalia City Council Page 2 of 3 Printed on 6/12/2026
powered by Legistar™691
File #: 25-0860 Agenda Date: 6/15/2026 Agenda #: 19.
Vice-Chair Janelle Hickey
o Candidates selected for recommendation: 2
Fiscal Impact including annual maintenance and operating costs: N/A Prior Council Action: 2/17/26 - Council appointed Jacob Olson to their first term to the Parks and Recreation Commission.
Alternatives: Decline to appoint the recommended candidates and direct the Parks and Recreation Commission sub-committee to further evaluate other applicants.
Recommended Motion (and Alternative Motions if expected):
I move to reappoint Nancy Hawkins and Kaitlyn Lusk to the Parks and Recreation Commission to serve second terms expiring June 30, 2028.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/30/2026
Attachments: Commission application for candidates Nancy Hawkins and Kaitlyn Lusk.
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 Page 3 of 3 Printed on 6/12/2026
powered by Legistar™692
693
694
695
696
697
698
699
700
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0861 Agenda Date: 6/15/2026 Agenda #: 20.
Agenda Item Wording:
Opportunity Zone Nomination - Authorize staff to process Opportunity Zone 2.0 census tract nomination for staff recommended tracts.
Agenda Date: 06/15/2026
Prepared by:
Devon Jones, Economic Development Manager, [email protected], (559) 713-4190 John Lollis, Assistant City Manager, [email protected], (559) 713-4323 Paul Bernal, Director of Planning and Community Preservation, [email protected], (559) 713- 4025
Department Recommendation:
Authorize staff to process Opportunity Zone 2.0 census tract nomination for staff recommended tracts:
1. Tract 12 - ‘Downtown Visalia’ (06107001200) (see Attachment 2 for area)
2. Tract 20.03 - ‘Mooney’ (06107002003) (see Attachment 3 for area)
3. (if option) Tract 17.01 - ‘Washington Elementary, s/o 198, w/o Ben Maddox’ (06107001701) (see Attachment 4 for area)
4. (if option) Tract 11.01 - ‘Oval’ (06107001101) (see Attachment 5 for area) Summary:
Opportunity Zones (OZs) are a federal capital gains tax incentive intended to attract long-term private investment to low-income communities. The program allows any taxpayer with eligible capital gains, including individuals, corporations, and institutional investors to reinvest those gains in designated census tracts and receive preferential federal tax treatment without needing federal approval. The incentive is carried out through Qualified Opportunity Funds (QOFs), which aggregate investor capital and direct it toward eligible investments within designated OZs. Eligible investment activities are intentionally broad. They may include new real estate development, rehabilitation of vacant or underutilized properties, local operating businesses, manufacturing facilities, energy projects, mixeduse developments, and similar productive uses.
Property generally cannot be purchased and held without meaningful follow-on investment and still qualify for OZ tax benefits. By offering capital gains tax relief rather than an up-front tax credit, the incentive is structured so that investors assume the investment risk. If an OZ investment is unsuccessful, the long-term tax benefit associated with holding the investment for 10 years is never realized.
The OZ Program was originally scheduled to sunset on December 31, 2026. With the passage of the One Big Beautiful Bill Act (OBBBA) on July 4, 2025, the program is now a permanent part of the Visalia City Council Page 1 of 5 Printed on 6/12/2026
powered by Legistar™701
File #: 25-0861 Agenda Date: 6/15/2026 Agenda #: 20.
federal tax code. As part of this legislation, a new round of OZ census tract designations-referred to as “Opportunity Zones 2.0”-will be implemented. Beginning in July, governors will have the ability to nominate up to 25 percent of eligible low-income census tracts as OZs. On January 1, 2027, the U.S.
Department of the Treasury will certify nominations, and the new OZ 2.0 map takes effect. These designations will remain in place for 10 years at a time. The Governor’s Office of Business and Economic Development (GO-Biz) is leading the statewide nomination process. On June 15,th GOBiz’s online application portal should launch for local jurisdictions to submit census tract nominations.
That portal should be located on their GO-Biz Opportunity Zone website <https://business.ca.gov/resources/infrastructure-development/opportunity-zones-in-california/>. GOBiz and the Department of Finance will then evaluate census tracts for nomination by the Governor’s office and in September/October will formally submit nominated census tracts to the US Treasury.
At the County level, Mike Washam and Alida Verduzco Silva from the Tulare County Resource Management Agency are coordinating the local census tract nomination process amongst the jurisdictions. With an estimated 25-30% reduction in eligible census tracts for OZ 2.0, regionally the County was planning on securing 12 census tracts given OZ 1.0 consists of 17 census tracts in total.
City staff is optimistic in securing two census tracts in OZ 2.0 given this low countywide total.
However, given Visalia’s population, there may be a possibility to secure three tracts should additional tracts be available. ’Novogradacs OZ 2.0 mapping tool <https://www.policymap.com/embed/widget/12163/DNAOEK4MOFUIAGJCCEX7MVRX9IRWBIKG> is a good resource for identifying eligible tracts that staff has utilized. There are eight eligible census tracts in total that include City of Visalia territory. The Novogradac tool identifies those eligible tracts.
To qualify, a census tract must satisfy one of the following tests:
1. Median family income (MFI) below 70 percent of the metropolitan average or the statewide average (for non-metro areas) (versus 80 percent in the original OZ provision).
2. Poverty rate of 20 percent or greater (unchanged), plus a newly established MFI cap set at 125 percent of the applicable state or metro median. The MFI cap closes a statistical loophole that allowed a small number of high-income census tracts to qualify for OZ status.
Experience from OZ 1.0 underscores that OZ designation alone does not generate investment. Only well-chosen zones paired with development-ready policies and investment-ready development potential will attract capital and deliver impact at scale. Various policy groups have been providing general considerations for what makes a strong census tract for OZ 2.0 consideration, such as the Economic Innovation Group (EIG), the Federal Reserve Bank of San Francisco, Novogradac, and the Urban Institute. The Urban Institute developed a mapping tool <https://www.urban.org/projects/informing-2026-opportunity-zone-selections-state-and-localdecisionmakers/opportunity> to help guide decisionmakers on which tracts may better attract OZ investment interest. Some considerations include:
- Incentive has thus far mainly been a tool for real estate driven investment that adds value to property instead of just transferring ownership.
- Should target tracts that have investment-ready projects or project potential that could attract private capital but still need an incentive to unlock development potential. - Higher density residential attracted more investment interest than single family residential. - Commercial mixed-use including residential and commercial, and straight commercial or industrial projects also garnered interest.
- Affordable housing development did not secure as much investment as market rate or above Visalia City Council Page 2 of 5 Printed on 6/12/2026
powered by Legistar™702
File #: 25-0861 Agenda Date: 6/15/2026 Agenda #: 20.
median rent development.
o Though there are hopes that OZ policy changes could lead to better leveraging of LowIncome Housing Tax Credit (LIHTC) investment interests in future iterations. - Avoid displacement risk.
That being said, the two tracts that staff is recommending for nomination have considerable investment potential:
1. Tract 12 - ‘Downtown Visalia,’ 06107001200 (see Attachment 2 map) This tract consists of the downtown core including the Kaweah Health Medical Center, the Rawhide baseball stadium, Main Street and downtown, the Visalia Convention Center, Family HealthCare Network (FHCN), and Soccer City 1852. Given long term development needs of Kaweah Health, downtown, future potential around the Rawhide stadium, the need for additional hotel beds adjacent to the Convention Center, and the attractiveness of downtown Visalia, and potential for upper story/mixed use development in proximity to major employment centers such as Kaweah Health Medical Center and FHCN, this is an incredible opportunity to provide an investment incentive for the heart of the community.
2. Tract 20.03 - ‘Mooney’ (06107002003) (see Attachment 3 map) Another unique opportunity, Tract 20.03 is the only eligible tract along the Southern Mooney Boulevard corridor and includes the Sequoia Mall site that is currently in the process of being redeveloped by the property owner, Paynter Realty and Investments. The OZ could be the ideal incentive to attract additional investment dollars to speed up or otherwise encourage that redevelopment process. Other notable opportunities in this tract include the Visalia Mall, the shopping center on the west side of Mooney at Whitendale, and the roughly 4.5 acre vacant site owned by the operator of the Marbella Visalia senior living community along Caldwell Avenue.
In addition, if given the opportunity to nominate additional tracts, staff would recommend the following:
3. Tract 17.01 - ‘Washington Elementary, s/o 198, w/o Ben Maddox’ (06107001701) (see Attachment 4 map)
There are a number of interesting opportunities in this tract, such as roughly eight acres of vacant multi-family zoned sites (mostly Regional Housing Needs Allocation [RHNA]) and approximately 14.6 acres of vacant single-family zoned sites. Though these opportunities may fare better at attracting OZ investment should policy changes occur that could better complement LIHTC investment interests. Additionally, the Office Conversion corridor along Court/Locust could garner interest, though we would want to avoid displacement of any occupied residences. Also, the Olive Plant and Advanced Food Products industrial facilities could be opportunities, as well as, the Kaweah Health clinic and additional medical facilities along the Court Street corridor.
4. Tract 11.01 - ‘Oval’ (06107001101) (see Attachment 5 map) This tract is currently in the existing OZ 1.0. As indicated below, information on OZ investment activity is not readily available so it is difficult to quantify whether or not the incentive program has led to investment in the tract. That being said, given guidance provided by policy Visalia City Council Page 3 of 5 Printed on 6/12/2026
powered by Legistar™703
File #: 25-0861 Agenda Date: 6/15/2026 Agenda #: 20.
has led to investment in the tract. That being said, given guidance provided by policy stakeholders regarding strong OZ 2.0 candidate tracts, this tract may not be as ideal as the other tracts recommended by staff. Again, OZ designation alone does not generate investment. That said, the Commercial Mixed Use (CMU) zoning and Downtown Mixed Use (DMU) zoning could be opportunity areas, particularly where vacant or underutilized property exists. But again, potential OZ investors will be, and the City should be, wary of displacement impacts in the pursuit of OZ investment returns particularly amongst residential tenants.
Background Discussion:
Due to the structure of OZ 1.0, namely the lack of reporting requirements of QOFs on specific investment activity, staff is unable to report on impacts from OZ 1.0 specific to Visalia. Staff is aware of a few development projects primarily in the industrial park area that received QOF investment and it is highly likely that other developments utilized the OZ incentive (the Novogradac mapping tool <https://www.policymap.com/embed/widget/12163/DNAOEK4MOFUIAGJCCEX7MVRX9IRWBIKG> also maps the existing OZ 1.0 tracts). Unfortunately, with the new census tract designations and new eligibility criteria for OZ 2.0, most of Visalia’s industrial zoned land is ineligible for OZ 2.0. However, the County of Tulare is recommending the Goshen tract (06107000901) which includes a portion of the Visalia Industrial Park, including Tier 3 industrial property west of Plaza Drive and the remainder of the CapRock phase 3 development.
Fiscal Impact including annual maintenance and operating costs: None Prior Council Action: None
Alternatives: Per Council direction
Recommended Motion (and Alternative Motions if expected):
I move to authorize staff to process Opportunity Zone 2.0 census tract nomination for staff recommended tracts:
1. Downtown (06107001200)
2. Mooney (06107002003)
3. Washington Elementary, s/o 198, w/o Ben Maddox (if possible) (06107001701)
4. Oval (if possible) (06107001101)
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments:
1. EIG OZ Brief
2. Attachment 2 - Tract 12 - ‘Downtown Visalia’ (06107001200)
3. Attachment 3 - Tract 20.03 - ‘Mooney’ (06107002003)
4. Attachment 4 - (if option) Tract 17.01 - ‘Washington Elementary, s/o 198, w/o Ben Visalia City Council Page 4 of 5 Printed on 6/12/2026
powered by Legistar™704
File #: 25-0861 Agenda Date: 6/15/2026 Agenda #: 20.
Maddox’ (06107001701)
5. Attachment 5 - (if option) Tract 11.01 - ‘Oval’ (06107001101) 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 Page 5 of 5 Printed on 6/12/2026
powered by Legistar™705
Once a decade, governors have the chance to nominate one-quarter of their low-income census tracts to be designated as federal Opportunity Zones, or OZs.
Opportunity Zones are the largest federal community development tax incentive in the United States, and OZ designations provide a rare chance for public officials to encourage private capital to flow towards the communities that need it most. OZ nominations for this next round are due in Summer 2026. This playbook provides state and local officials guidance on how to select high-impact census tracts and navigate the zone designation process with clarity and confidence.
Opportunity Zones 2.0:
Guidance for Governors
and Mayors
A Playbook for High-Impact
Designations
By Kenan Fikri, John Lettieri, and Catherine Lyons
Economic Innovation Group 1 706
Executive Summary
Governors will soon make a once-in-a-decade decision that will guide tens of billions of dollars of private investment into low-income areas nationwide: selecting the next round of Opportunity Zone (OZ) census tracts.
This guide provides a framework for how to get OZ designation right.
Beginning July 1, 2026, governors will have 90 days to nominate up to 25 percent of eligible low-income census tracts as OZs. These designations will remain in place for 10 years and cannot be revised.
Experience from OZ 1.0 underscores that OZ designation alone does not generate investment. Only well-chosen zones paired with development-ready policies will attract capital and deliver impact at scale.
This guide is organized around eight principles that define successful OZ designation strategies:
1. Get a head start
2. Set a statewide economic vision
3. Designate a lead coordinating entity within state government
4. Engage local partners strategically
5. Balance economic need and investment potential
6. Combine both quantitative and qualitative insights
7. Embrace purposeful transparency
8. Align OZ nominations with supportive policy tools
OZ designation is one of the most powerful economic development tools at governors’ disposal — and nominating zones will be one of the most consequential decisions they will make during their tenures. More than $100 billion in qualifying investment has flowed into targeted areas since the first round of designations in 2018. OZ 2.0 has the potential to generate even greater results, but only if state and local leaders build a foundation for success.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
2 707
The 2025 Reconciliation Act, also known as the One Big Beautiful Bill Act (OBBBA), calls on governors to act in summer 2026 by nominating one-quarter of their low-income census tracts for Opportunity Zone (OZ) status.
OZ designations guide tens of billions of dollars in private sector investment each year. The zone designation process therefore gives governors a rare opportunity to shape the landscape of investment in their states — and channel that investment towards the low-income communities that need it most.
This guide is intended to help governors and their staff, as well as the mayors and local officials they will consult, make the most informed OZ designations possible. The guide will:
• Explain what Opportunity Zones are and how they work
• Summarize the national zone designation process and timeline • Establish a framework for selecting zones with purpose, including:
° How to set up a good selection process
° How to identify good census tracts for OZ status
Contents
I. What are Opportunity Zones?...................................................................... 4 II. How the national zone designation process works ........................................ 6 III. Eight principles for a robust state zone selection process .............................. 8 IV. Characteristics of a good OZ tract .............................................................. 17 V. Special rural considerations ....................................................................... 19 VI. Beyond zone designations......................................................................... 20 VII. Appendix: Timeline of OZ 2.0 developments................................................ 21 Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
3 708
I. What are Opportunity Zones?
Opportunity Zones are a federal capital gains tax incentive designed to mobilize long-term private investment in low-income communities.1 Unlike traditional community development programs, OZs are uncapped, investor-driven, and by-right. Any taxpayer with a capital gain — individuals, corporations, institutions — can invest in a designated census tract and receive preferential tax treatment without applying for federal approval.
The OZ incentive operates through Qualified Opportunity Funds (QOFs), which pool investor capital and deploy it into eligible investments (i.e., qualifying activities) within designated census tracts.
By design, qualifying activities are broad. These investments may include new real estate development, rehabilitation of vacant properties, local operating businesses, manufacturing, energy projects, mixed-use developments, and more.2 The law requires that capital be put to productive use by applying “original use” and “substantial improvement” tests to ensure that qualifying investments are economically additive.3,4 Property cannot simply change hands or be acquired without substantial follow-on investment to claim the OZ tax benefits.
Opportunity Zones encourage investment by providing a series of capital gains tax incentives for qualifying activities in designated areas:
• Deferral: Investors may defer taxes on capital gains that are reinvested in a QOF for up to five years.
• Basis step-up: After the five-year deferral, QOF investors receive a 10 percent reduction (step-up in basis) on their deferred capital gains tax liability (or 30 percent for investments in rural-specific QOFs).
• Tax-free growth: Gains earned on investments in QOFs held for at least 10 years are permanently exempt from federal capital gains tax.
1 The policy was first enacted in the 2017 Tax Cuts and Jobs Act (TCJA) and made permanent in 2025’s OBBBA. For more details on reforms to the OZ tax provisions in the OBBBA, see: John Lettieri, Kenan Fikri, and Catherine Lyons, “Opportunity Zones 2.0: Where Things Stand After the One Big Beautiful Bill Act” (Economic Innovation Group, 2025). 2 There is a short list of common “sin businesses” into which investment is not permitted. 3 The “original use” test requires that property first be placed into service in an OZ to be considered an eligible investment.
For construction, that means a “greenfield” or ground-up investment; for capital equipment, it means a newly acquired item or an item moved into an OZ from a non-OZ location. 4 The “substantial improvement” test requires that, “during any 30-month period beginning after the property is acquired, additions to the basis of the property exceed an amount equal to the adjusted basis at the start of the 30-month period,” as per the IRS. In short, investors are roughly required to invest as much in the property as they paid for it.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
4 709
The OZ incentive structure is designed to reward long-term investments that generate lasting value within target communities. By providing capital gains tax relief rather than an up-front tax credit, the incentive is also designed to ensure investors themselves bear the risk: if an OZ investment fails, the 10-year tax benefit never materializes.
The uncapped, flexible nature of the OZ incentive has translated into unprecedented scale and reach for a federal community development incentive. Already more than $100 billion of qualifying OZ investments have been made across more than 5,300 low-income census tracts nationwide.5
Governors play the leading role in determining the designated areas where the OZ tax incentives apply. Section II will lay out the eligibility criteria and the process by which these designations are formally made.
An opportunity, not a guarantee
Opportunity Zones are a departure from the traditional model of community development tax incentives, in which scarce federal awards (e.g., grants or tax credits) are allocated and approved for specific projects by a federal authority.
For communities, OZ designation does not guarantee investment. Investors must find attractive investment opportunities to deploy capital. That uncertainty and open-endedness is what makes governors’ zone selections so important. Good zones have the potential to unlock capital at scale for places that truly need it. By contrast, poor zone selections can waste designation status on areas where it will not move the needle. 5 Investment figure based on extrapolation from Joint Tax Committee data; tract count as of 2022 from Kevin Corinth, David Coyne, Naomi Feldman, and Craig Johnson, “The Targeting of Place-Based Policies: The New Markets Tax Credit Versus Opportunity Zones,” NBER Working Paper 33414 (2025) derived from privileged access to confidential IRS data.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
5 710
II. How the national zone designation
process works
See the appendix table at the end of this guide for a full timeline of OZ 2.0 developments through the end of 2028.
Governors and the chief executives of U.S. territories are responsible for nominating up to one-quarter of their state’s eligible low-income census tracts for OZ designation. Once certified by the U.S. Treasury Department, these designations will remain in place for a decade, determining where qualifying OZ investments flow through 2036.
Since governors are granted deference in selecting zones (the certification process ensures that nominated tracts meet the technical eligibility criteria), the terms “selection,” “nomination,” and “designation” are often used interchangeably. For the purposes of this guide, however, we will differentiate between governors’ selection process — meaning how states go about identifying census tracts to nominate — and the national zone designation process — meaning the procedural steps laid out in statute by which federal OZs are certified by the Treasury.
Submitting nominations
The national OZ 2.0 designation process will kick off on July 1, 2026. Governors will have 90 calendar days from then to transmit their lists of nominated OZ census tracts to the Secretary of the Treasury by September 29, 2026 (expected).6 Governors may request an additional 30-day extension to October 29, 2026 (expected).
The Treasury Secretary has 30 days to certify each state‘s nominations after receipt, and certified OZ designations will take effect on January 1, 2027, allowing eligible investments to flow under the new OZ provisions enacted by the OBBBA at that time. Once made, designations will remain in effect for a decade until December 31, 2036.
Before the July 2026 nomination window opens, governors can expect the federal government to publish the definitive list of exactly which census tracts are eligible for designation as well as guidance on how to formally transmit nominations from governors’ offices to the Treasury.
6 Governors and their teams should refer to forthcoming official guidance for verified deadlines.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
6 711
Determining eligibility
In order to be considered eligible for OZ designation, census tracts must have:
• Either a poverty rate of 20 percent or higher
• Or a median family income (MFI) less than 70 percent of the relevant benchmark.7 ° For metropolitan tracts, the relevant benchmark is the metro area’s MFI. For non-metropolitan tracts, the benchmark is the statewide MFI. • If qualifying on poverty, a census tract’s MFI must not exceed 125 percent of the relevant benchmark.
The number of census tracts governors can nominate is determined by the number of tracts that meet these criteria. Governors are allowed to nominate up to 25 percent of eligible tracts statewide, with a minimum guarantee of 25 tracts.8 Official eligibility will likely be based on the 2020–2024 American Community Survey (ACS) 5-Year Estimates that are expected to be published in January 2026. Until then, the 2019–2023 ACS estimates provide preliminary estimates of the number of tracts each state can expect to nominate.
Key changes under OBBBA vs. TCJA
OBBBA tightened eligibility thresholds for OZ 2.0 designations, reducing the expected eligible pool of qualifying tracts by roughly 20 percent — from 8,726 to approximately 6,300 nationwide. The effects will vary significantly across states:
• Several small population states can expect to see no reduction in OZ counts due to the 25-tract minimum.
• Two states — Louisiana and New Mexico — can expect to see a slight increase in eligible tracts.
• The steepest reductions are expected to occur in parts of the upper Midwest, where the tightened income criteria had a disproportionate impact. 7 This 70 percent threshold is revised down from the 80 percent threshold that governed the initial OZ designations made under the 2017 Tax Cuts and Jobs Act.
8 Further guidance from the Treasury is required for states with fewer than 25 total eligible tracts. Until that guidance is provided, states and territories with fewer than 25 eligible tracts should assume that they will be permitted to nominate all their qualifying tracts, but no non-qualifying ones.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
7 712
In general, the changes enacted under the OBBBA will require governors to be more selective than in the 2018 designation cycle.
Expected percent change in OZ
census tracts
Between TCJA- and OBBBA-era designations Expected percent change in OZ census tracts Between TCJA- and OBBBA-era designations
−3% −3%
−30% −30%
0%0%
−25% −25% 3%3%
−16% −16%
−29% −29%
0%0%
−36% −36%
−24% −24%
−42% −42%
−11% −11%
−28% −28%
−36% −36%
0%0%
0%0%
0%0%
−13% −13%
−19% −19%
−27% −27%
−10% −10%
−19% −19%
−26% −26%
−24% −24%
−32% −32%
−36% −36%
−11% −11%
−10% −10%
−18% −18%
−19% −19%
−1% −1%
3%3%
−27% −27%
−25% −25%
−19% −19%
−26% −26%
−6% −6%
−22% −22%
−18% −18%
−9% −9%
−27% −27%
−7% −7%
−27% −27%
0%0%
0%0%
Expected number of OZ census tracts
For designation by governors in July 2026
Expected number of OZ census tracts
For designation by governors in July 2026
608 608
620 620
2525
6565 126 126
5151
9090
2525
5555
3535
7474
2525
5353
2828
2525
2525
2525
102 102
131 131
101 101
233 233
344 344
212 212
249 249
4242
7777
7676
142 142
206 206
417 417
9999
155 155
220 220
132 132
258 258
158 158
136 136
123 123
2525
111 111
5050
109 109
25252525
101 101
130 130
2525
6060
2525
2525
2525
Preliminary estimates based on 2019-2023 ACS data. Final counts of eligible census tracts will be determined by forthcoming 2020-2024 ACS data.
Preliminary estimates based on 2019–2023 ACS data. Final counts of eligible census tracts will be determined by forthcoming 2020–2024 ACS data.
III. Eight principles for a robust state zone
selection process
The OZ 2.0 designation cycle will be more competitive and consequential than the first. With so much investment potential on the line, state and local governments need to make the most informed zone selections possible.
Leaders should start by asking themselves: How does OZ designation fit within our broader statewide and regional economic development strategy?
Being clear about the goal will help governors, their teams, and their local partners be strategic about their own selection process and screening criteria.
Ultimately, successful states will be those that regard the tract selection process as an economic opportunity rather than a political one. They will insist on an economic rationale behind each and every nomination.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
8 713
We recommend that governors apply eight key principles to ensure their designations are strategic, transparent, and investment-ready.
1. Get a head start.
Governors’ teams should get started well ahead of the formal kickoff on July 1, 2026.
Teams should take advantage of the long lead time to share information, gather input, and get the necessary stakeholders engaged. Much of the preliminary tract vetting can be done before Treasury releases the final eligibility lists.
Establishing a brain trust is a crucial first step. Every state is now home to experienced OZ investors, project managers, and related stakeholders. Governors should tap trusted members of this network to help inform the state’s OZ strategy. This network can provide the governor with frank advice and set realistic expectations about the viability of OZ investment in different locales. Credible voices can also help educate policymakers on what other state or local policies, programs, reforms, or initiatives are likely to support increased investment in designated communities.
Governors should not only tap investors and developers, of course, but knowledgeable community leaders from the local government and non-profit sectors who are likely to provide constructive input, too.
Where has OZ capital actually flowed?
States will want to know what happened in their initial Opportunity Zones before nominating the next round. Unfortunately, the absence of any detailed tract-level data published by the U.S. Treasury will leave most state and local leaders guessing as to how much investment the first round of designations actually attracted and where.9
Nationally, we know that nearly three-quarters of all designated tracts across the 50 states and DC registered OZ investment, but further granularity is largely missing.10 The robust data collection and reporting requirements included as part of the OBBBA will answer these questions in future years, but too late for governors approaching this nomination cycle.
In the absence of official data, state and local teams can take inspiration from academic researchers who have piloted a variety of effective measures for estimating OZ impacts using administrative data.
9 The exception is Ohio, which collected detailed investor and project-level information through its complementary state income tax credit program for OZ investors. Appendix tables in Development Ohio’s annual tax credits reports provide a rich survey of the OZ landscape in one state and can help other states’ teams better grasp the diversity and contours of the OZ marketplace.
10 Kevin Corinth, David Coyne, Naomi Feldman, and Craig Johnson, “The Targeting of Place-Based Policies: The New Markets Tax Credit Versus Opportunity Zones,” NBER Working Paper 33414 (2025).
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
9 714
Scholars have been able to detect a strong impact of OZ status on the number of building permits and residential addresses in targeted communities.11,12 These data sources can be tapped and analyses replicated by nomination teams to identify OZ tracts where permitting activity or address counts spiked in the years following designation. Complemented with local knowledge on the development pipeline (as well as review of large scale industrial or commercial developments that may be missed in residential data), such analysis should allow teams to make educated assessments of where OZ designation was catalytic.
States and localities without a team of economists on staff can work with university partners to obtain and analyze such data. Moreover, the limited information available on 1.0 investments increases the importance of establishing a brain trust of knowledgeable market participants who can educate OZ teams on how and where the incentive has been at work in the state.
2. Set a statewide economic vision.
Governors should articulate how Opportunity Zones fit into the state’s broader economic development strategy. Governors will need to identify priorities such as housing abundance, rural revitalization, downtown densification, industrial reshoring, and equitable neighborhood investment — and then balance nominations across them.
Actively setting a vision will help governors make tough choices and navigate the political economy of allocating a scarce resource (OZ status) with clarity of purpose.
More passive frameworks can increase the likelihood that designations get wasted on census tracts that are unable to leverage their OZ status to attract investment.
For example, states where governors took a more hands-off approach in 2018 and allowed their zone nominations to be governed by rote geographic proportionality requirements (e.g., a guarantee that every county with an eligible census tract would get a nomination) were less successful in unlocking OZ investment than those that adopted a more strategic approach.13
In Colorado, a clear vision to harness OZs to foster rural economic development led the state’s tract selections to skew rural. Backed by supportive state policymaking (e.g., rural capacity building grants), strategic intent helped the state emerge as a rural OZ investment leader.
11 Ben Glasner, Adam Ozimek, and John Lettieri, “The Impact of Opportunity Zones on Housing Supply” (Economic Innovation Group, 2025).
12 Harrison Wheeler, “Locally Optimal Place-Based Policies: Evidence from Opportunity Zones,” Working Paper (2022). 13 Based on EIG’s knowledge of states’ 2018 zone selection processes (garnered through discussions and surveys) as well as EIG’s analysis of the limited available IRS data.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
10715
3. Designate a lead coordinating entity within state government.
Each state should appoint a lead person or agency to manage the zone nomination process and be the final arbiter of recommendations to the governor. This role should coordinate across state agencies, municipalities, and stakeholder groups.
The lead entity should have the capacity to conduct research, map potential zones, and set up a digital interface to inform and engage the public. Importantly, this entity should lead a genuinely interagency process that leverages the expertise of multiple relevant departments.
There is no “right” agency to lead the process. Typically, the economic development or housing agency might assume the role. In some states, departments of finance, taxation, or revenue led the 2018 zone nomination process, but the hands-off and actuarial nature of those offices generally made them less effective homes for a place-based incentive such as Opportunity Zones, where local context really matters.
Governors should also set the expectation that the agency leading the zone nomination process will be responsible for leading the design and development of complementary policies and programs to support OZ-related goals.
In 2018, Indiana established an advisory panel to present final census tract recommendations to the governor. The panel was supported by state agencies and staffed by five leaders from different regions of the state. It included former state and local government officials, non-profit executives, and private sector leaders. Several other states included similar panels as part of their zone selection process.14
4. Engage local partners strategically.
Mayors, county executives, and other local and municipal leaders are closest to market and best positioned to identify the portions of their communities with the greatest OZ potential. Governors should provide guidance to counties and cities on the state’s priorities but ensure that local voices shape the map. For example, governors might direct local leaders to suggest tracts in areas that align with long-term local development plans or where recent zoning reforms have made it easier to build housing.
Especially in large population states with hundreds of tracts to nominate, local knowledge will be an essential ingredient in informed decision-making. 14 Economic Innovation Group, “Opportunity Zones: The Map Comes into Focus” (June 2018).
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
11716
In 2018, Colorado and Vermont were the first states to convene large statewide conferences to assemble key stakeholders and educate the public about Opportunity Zones. These forums served to activate professional services providers, inspire community stakeholders, get OZs on the radar of potential investors, and provide critical early feedback to governors’ teams.
5. Balance economic need and investment potential.
Governors are given total discretion to select Opportunity Zones from among their qualifying low-income census tracts. They and their teams should strive to select places that are genuinely distressed and inadequately supplied with capital from private markets. At the same time, they should seek out places with the infrastructure, assets, and fundamentals to attract and absorb capital.
Back in 2018, some states sought to nominate their most distressed census tracts, using screening criteria such as high crime rates to identify the deepest areas of disadvantage. Despite good intentions, reliance on criteria that were more likely to push economic activity away from target communities led to many nominations that failed to pique investor interest.
Part of the challenge governors face is to identify where OZ designation can make a difference — and recognize where it can’t.
Different states will strike different balances between need and opportunity. For example, in 2018 Mississippi, one of the poorest states in the union, nominated a set of low-income census tracts that were among its most competitive eligible options.
Likely as a result, 64 percent of the state’s OZ tracts had registered investment by the end of 2020, one of the highest shares nationwide.15 The balance may look very different in higher income states, where connecting growth to deeply distressed corners may be the higher priority.
15 David Coyne and Craig Johnson, “Use of the Opportunity Zone Tax Incentive: What the Data Tell Us,” Office of Tax Analysis Working Paper 123, U.S. Department of the Treasury (2023).
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
12717
6. Combine both quantitative and qualitative insights.
Selection teams should embrace administrative data and qualitative information to help identify the strongest OZ candidates. Information on local market conditions can help identify incipient turnarounds that OZ designation might boost. Local administrative data on zoning, construction permits, vacancies, and development activity can complement traditional statistics such as the poverty rate to identify worthy high-potential tracts.
Much of this needed local insight can be garnered from the creative use of nontraditional data sources. Federal EPA data on brownfield sites can identify longstanding areas of blight and disinvestment that may be primed for redevelopment. USPS data on business vacancies can reveal corridors with the capacity to absorb new demand.
Local government data on building permits can be analyzed to identify areas with burgeoning investor interest. Local zoning data can differentiate between the tracts that are primed to see development and the tracts where it’s virtually impossible.
Allegheny County, Pennsylvania’s, integrated OZ mapping tool is a model for taking qualitative information (zoning codes), rendering it into data, and overlaying it with OZ and OZ-eligible tracts.
Allegheny County, PA’s, integrated zoning platform
Layering on vacant
parcels, brownfield
sites, and other such
information would be
especially useful for
the selection process
Available at https://www.alleghenyopportunityzones.com/.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
13718
7. Embrace purposeful transparency.
Zone selection rests on public trust. Governors are delegated the responsibility because they can make better and more accountable decisions than remote bureaucrats in Washington. Transparency should therefore be a central pillar of every state’s zone nomination process.
Transparency can take different forms. In some states, it might mean issuing a press release or standing up a website that outlines the governor’s vision and explains how the state will go about selecting its OZ tracts. It might mean holding public listening sessions across the state to gather input or hosting informational webinars.
Many states will also open their zone selection process up for public comment, establishing official channels for constituents and stakeholders to suggest tracts, share their priorities, and voice their concerns.
Critically, quality outweighs quantity when it comes to public comment. Left unmanaged, the process can be hijacked by lobbyists with narrow interests or activists with competing agendas. The sheer volume of public comments can overwhelm the ability of state officials to identify truly useful information.
OZ leads should therefore provide the public with guiding questions to increase the likelihood of receiving constructive input. These prompts can be high-level (e.g., what industries, use cases, or types of communities should the state prioritize?) or specific (e.g., which rural census tracts might have strong development opportunities that might be missed in official data?).
No matter the approach, for public comment to be useful states must solicit it early — several weeks before the nomination deadline at the latest, and potentially as soon as the list of eligible tracts becomes available.
In 2018, four states — California, Michigan, Nevada, and Vermont — plus Washington, DC, set the gold standard in transparency by publishing draft tract nominations for public comment. This step had several benefits. First, it improved the quality of zone nominations by vetting them with local knowledge. Second, it helped direct public comment by giving interested stakeholders something concrete to which they could respond. Third, it helped garner community buy-in and legitimize governors’ selections by subjecting proposals to public scrutiny.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
14719
8. Align OZ nominations with supportive policy tools.
States and localities should work to harmonize OZ nominations with policies and regulations designed to support desired outcomes in designated areas.
On its own, a capital gains tax incentive may not be enough to catalyze investment in targeted communities. To increase the likelihood that investors find investment opportunities, local leaders should start by nominating zones where land use regulations and other policies encourage development. They should then follow up on zone nominations with deliberate steps to make it easier to invest in the area. That might include infrastructure investments, faster and more predictable permitting, making the adaptive reuse of aging or vacant buildings easier, cleaning house of counterproductive regulations that discourage investment, and generally identifying and dismantling barriers to development.
Selecting zones is not enough; state and local governments must also pursue the reforms that will make those designations successful. Aligning OZ nominations with other tools in the local policy toolkit will also position communities to welcome investment and development on their own terms. For example, contributing stateor city-owned land can provide local officials with an opening to shape a project and help it achieve community goals.
It is likely no coincidence that the number two and three states for OZ investment dollars per capita through 2022 — DC and Utah — were two of the top-ranking jurisdictions for housing construction permits per capita, too.16 Population growth certainly helped these communities attract capital, but pro-growth and pro-development regulatory regimes are what unlocked OZ investment at scale.
Overall, the key lesson from the 2018 designation cycle is that good processes produced good zone selections. Where processes were guided by vision, informed by strategy, and vetted through transparency, OZ designation catalyzed housing construction, spurred industrial development, rejuvenated commercial corridors, and revitalized neighborhoods.
Where processes fell short, governors were much more likely to select tracts that languished without meaningful investment or failed to connect growth to residents.
Some processes failed because they relied on quantitative information without 16 Utah ranked #1 nationally for housing permits per 1,000 residents in 2021 and DC ranked 1st in 2022, based on U.S.
Census Bureau data as tabulated in EIG’s Index of State Dynamism. Wyoming ranks 1st for OZ investment per capita, a small population state outlier.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
15720
sufficient qualitative vetting — meaning they relied too much on spreadsheets and not enough on maps and local knowledge. Some other processes failed because they were overly centralized with opaque decision-making — essentially black boxes.
And others failed because they were overly decentralized, granting too much deference to local authorities without providing sufficient direction.
The District of Columbia (DC) offers a useful case study precisely because its hybrid status as a city/state-equivalent means all relevant parties can learn from its 2018 zone designation process. The state adopted a highly transparent, collaborative, data-driven method for identifying optimal OZs that were aligned with the city’s key development priorities. Their replicable seven-step approach proceeded as follows:
DC’s unique status makes it a model case study for state and local coordination around zone designations.
DC’s zone designation Process
• Step 1: Determine initial eligibility, remove outliers. • Step 2: Identify tracts with commercial land, high
unemployment, and aligned with city priorities.
• Step 3: Gather public input via survey allowing
respondents to rank priorities and semi-finalist
tracts.
• Step 4: Consult neighborhood commissioners;
public.
• Step 5: Analyze data on recent investments, etc.
• Step 6: Overlay complementary incentives such
as Supermarket Tax Credit and Great Streets
grant program.
• Step 7: Finalize tracts prioritizing disadvantaged
areas with high investment potential, high impact
potential, and high public support.
Learn more at “How DC designated our Opportunity Zones” https://dmped.dc.gov/page/how-dc-designated-our-opportunity-zones.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
16721
IV. Characteristics of a good OZ tract
Under the OZ 1.0 map, the most effective OZ selections were not necessarily the poorest or those closest to growth, but rather the ones that effectively combined community need, investment readiness, and policy alignment.
Governors should therefore select tracts that meet three fundamental tests:
• The community test: areas that genuinely need new investment to grow and diversify their economies so that residents can prosper. • The market test: areas that, with the incentive’s help, have a reasonable chance to attract private capital and put it to productive use within the policy’s timelines. • The policy test: areas in which state and local policies are investment-friendly and conducive to economic development.
With those tests in mind, state and local leaders should look for the following characteristics to identify high-potential tracts:
• Zoned for multifamily residential, industrial, or commercial development.
Census tracts that are zoned for multifamily or a mix of uses are much more likely to garner OZ investment than those zoned predominantly for single-family homes.
OZs have emerged as the strongest federal lever to support housing supply in decades.17 Estimates from IRS data suggest that approximately half of all OZ investment has flowed into multifamily residential rental housing, or apartments.18 OZ investment is not restricted to housing, however. OZ capital has flowed into manufacturing, logistics, agriculture, healthcare, hospitality, and recreation. OZ capital has been used for data centers, clean energy assets, broadband, and port facilities.
It supports community theaters, food halls, grocery stores, and art galleries.
The common thread: OZ capital flows to where there are equity investment opportunities. Only census tracts zoned for development (or redevelopment) are likely to attract it.
• Contain underutilized land with latent potential.
The rules governing OZs require that capital be deployed into projects quickly and substantively. Investors must put their money to work rapidly in order to meet fixed timelines in the law. Their investments must be additive, meeting either original use (i.e., wholly new) or substantial improvement thresholds. 17 Ben Glasner, Adam Ozimek, and John Lettieri, “The Impact of Opportunity Zones on Housing Supply” (Economic Innovation Group, 2025).
18 Kevin Corinth, David Coyne, Naomi Feldman, and Craig Johnson, “The Targeting of Place-Based Policies: The New Markets Tax Credit Versus Opportunity Zones,” NBER Working Paper 33414 (2025).
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
17722
Together, these rules serve to nudge investors towards in-fill development, the adaptive reuse of vacant properties, or new-builds on development-ready sites. In other words, OZ designation helps realize untapped potential by seeding or accelerating neighborhood turnarounds and by converting vacant buildings to new uses — i.e., turning parking lots into apartments or reactivating remediated brownfield sites.19 • Promise reasonable prospects of growth and returns.
The OZ tax provisions offer investors tax-free capital gains on investments held for 10 years or longer. That tax-free treatment is only attractive if investors can expect the value of their investments to appreciate over time. Viable investment opportunities are therefore a prerequisite for unlocking capital through OZs.
OZ investors are nevertheless diverse and will be attracted to a range of different opportunities and markets. Some will pile into growing sectors, from logistics or recreation to reshored manufacturing, clean energy, and data centers. Others will gravitate towards locations experiencing population growth or neighborhoods with strong fundamentals, like transit access.
Descriptive statistics like poverty or income matter much less than these more qualitative and contextual factors in determining where OZ investors find investment opportunities.
Questions for screening potential census tracts
Several strategic questions should guide governors and their local partners as they narrow down the list of census tracts to nominate for OZ status:
• Where do state and local partners wish to channel development? Are there innovation districts, large brownfield sites, or other areas primed for residential, industrial, or mixed-use development in line with local area strategic plans? Are there tracts with large amounts of publicly owned land that can be leveraged to steward investment, or areas with particularly strong community buy-in for OZ status? • Which neighborhoods are primed for revitalization but undercapitalized? Where can private investment stabilize or grow the population, catalyze job creation, reinvigorate commercial corridors or business districts, and unlock long-term growth? Have local governments identified certain neighborhoods as priorities for mixed-income development?
19 Reinforcing the point, academic research has found that OZ designation disproportionately increased the value of vacant land and identified a strong causal impact on building permits activity in parts of cities with large amounts of developable, underutilized, and relatively inexpensive land. See Alan Sage, Mike Langen, and Alex Van De Minne, “Where is the Opportunity in Opportunity Zones?” Real Estate Economics 51 (2) (2023) and Harrison Wheeler, “Locally-Optimal Place-Based Policies: Evidence from Opportunity Zones,” Working Paper (2022).
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
18723
• Where have barriers to development come down?
Have certain communities revised zoning codes and undertaken other steps to make it easier to build? Overlaying OZ designations could help reward such efforts and unlock private capital in response.
• Which tracts are zoned for development?
OZ investment often takes the form of mixed-use or multifamily housing developments.
Which areas are zoned for such activity? Where are there opportunities for transitoriented development or strategic densification? • What assets exist?
Are there growth poles, anchor institutions, or infrastructure assets around which local leaders wish to build?
• Where can aligned state and local incentives be layered on top? Are there complementary state or local programs or incentives with which OZ designations should overlap? For example, can designations match up with state Enterprise Zone programs to support job creation, tax-increment financing districts to advance major developments, or Main Street grant programs to support placemaking? • Which tracts are poor fits for the OZ incentive?
Where might an OZ designation risk being wasted? Identify and eliminate tracts that do not meet the spirit and intent of the policy, contain few private investment opportunities (e.g., where government or non-profits such as universities are the largest landowners, or rural areas with few infrastructure connections), or are zoned only for single-family housing.
V. Special rural considerations
The IRS reports that OZ investments into rural areas reached $6.1 billion between 2018 and 2022.20 While meaningful, rural areas attracted a disproportionately small share of OZ capital.
Rural areas represented one-third of all census tracts but only one-tenth of all investment.
The OBBBA contains several provisions to boost rural OZ investment. Specifically, investors in a new class of rural Qualified Opportunity Funds will be eligible for two enhanced incentives:
• A boosted step-up in basis. Instead of the standard 10 percent step-up, rural investors will receive a 30 percent step-up in basis on capital gains deferred and deployed into a Qualified Rural Opportunity Fund (QROF) after five years. ° This enhanced “front-end” benefit is intended to offset the expected lower long-term appreciation potential of investments in rural areas (i.e., the “back-end” or 10-year tax benefit).
20 Joint Committee on Taxation, “Opportunity Zones Tax Provisions Report” (2024).
Census tracts screening questions (continued)
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
19724
• A lower substantial improvement threshold. Rural investors who acquire an existing asset must only meet a 50 percent substantial improvement threshold, rather than the 100 percent threshold that remains in place in urban tracts.
In practice, this lowers the amount of capital investors must place into rehabilitating structures or equipment in rural OZs. The lower improvement threshold also better aligns the OZ rules with the economics of investing in rural areas, where costs tend to be lower. It is intended to help preserve affordable and workforce housing by eliminating the need to raise rents to cover excessively high refurbishment costs, for example.
The lower improvement threshold was effective the date of enactment, while the other rural benefits take effect on January 1, 2027, along with new zone designations.
In light of these extra incentives, governors should not be dissuaded from nominating rural tracts because of rural areas’ limited success under TCJA-era rules. At the same time, governors should resist over-selecting rural tracts because of the enhanced incentives.
The investor base remains thin in many rural areas, and the usual market hurdles to investing in distressed rural areas in particular — limited infrastructure, workforce constraints — still apply.
VI. Beyond zone designations
Governors’ statutory role with Opportunity Zones ends with zone designations. However, state and local leaders have numerous other levers at their disposal to shape OZ outcomes and cultivate investment ecosystems in their communities. In the coming months, EIG will publish a companion guide to supportive policymaking with innovative ideas inspired by best practices from across the country. These will include complementary state tax credits that encourage local capital to invest locally, examples of direct municipal collaboration on high-impact projects, and other ways to forge the connective tissue between incoming investment and economic opportunity for the residents of low-income communities.
In the meantime, states should utilize their leverage in the OZ designation process to help local and municipal governments help themselves — meaning states should use this opportunity to drive frank conversations around relieving hurdles to investment and making desired development easier. Most states will have far fewer tracts to nominate in 2026 than they did in 2018. Governors should use OZ nominations to reward the places that take proactive steps to position themselves for success.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
20725
Quarter Q3 2025 Q4 2025 Q1 2026 Q2 2026
Month JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
OZ
milestone
Jul 4: OBBBA passes and
OZs made permanent.
Jul 4: New substantial
improvement threshold
goes into effect for rural
investments.
Sep 30: IRS guidance
identifying OZ 1.0
tracts that meet rural
definition released.
2020–2024 ACS
data expected
to determine
census tract
eligibility to be
released.
Official list of
eligible
census tracts
released by
Treasury
(expected).
Recommended
activity for
state and local
officials
Identify core team and lead state agency
to manage the zone selection process.
Begin preliminary data analysis into likely
eligible census tracts based on available
2019–2023 data.
Begin targeted outreach to trusted
advisors, visionary local leaders, and
knowledgeable OZ market participants.
Identify eligible tracts and activate zone
nomination process in earnest.
Set a vision for the state's OZ nominations.
Gather zoning, land use, and other necessary data to inform decision-making.
Set agenda and expectations for other
state agencies and local government
partners to align rules, regulations, and
initiatives behind desired outcomes in OZs.
Arrive at a shortlist of eligible tracts that
align with the state’s vision.
Conduct public engagement, publish
draft recommendations, and solicit
public comment before the formal
nomination window opens.
Interagency work gets underway in
earnest.
OZ 2.0 policy milestone OZ 2.0 tract designation milestone OZ 1.0 milestone VII. Appendix: Timeline of OZ 2.0 developments
Quarter Q3 2026 Q4 2026 Q1 2027 Q4 2028
Month JUL AUG SEP OCT NOV DEC JAN FEB MAR DEC
OZ
milestone
Jul 1: Zone designation window opens:
Governors have 90
days to nominate
25% of their eligible
census tracts for OZ
status.
Sep 29: Deadline for
governors to submit
zone nominations
to U.S. Treasury
(expected).
Oct 29: Deadline to
submit zone nominations for states that
requested a 30-day
extension (expected).
Oct 29: End of 30-day
window U.S. Treasury
has to certify on-time
zone nominations
(expected).
Nov 28: All OZ 2.0
tracts certified by
the U.S. Treasury
(expected).
Dec 31: Close
of 2026 tax year
and end of OZ 1.0
deferral period. All
deferred tax must be
paid in this year’s tax
filings.
Jan 1: New OZ designations take effect.
Jan 1: OZs 2.0 incentives (i.e., rolling 5-year
deferral, standard 10%
step-up) take effect.
Jan 1: Remaining
enhanced rural
incentives take effect
(i.e., 30% step-up).
Dec 31: End of eligible
investment window into
1.0 OZ tracts.
Recommended
activity for
state and local
officials
Core teams finalize proposed nominations,
present to governor.
Announce complementary initiatives, policies, or programs to support investment and desired outcomes in OZs.
Continue raising awareness among
investor and community stakeholders.
Proactively encourage investment into
1.0 tracts before they sunset.
Launch complementary programs and
initiatives.
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
Economic Innovation Group 21726
About the Economic Innovation Group
The Economic Innovation Group (EIG) is a bipartisan public policy organization dedicated to forging a more dynamic and inclusive American economy. From our headquarters in the nation’s capital, EIG develops original research, convenes leading experts from the public and private sectors, and advances creative policy proposals that bring new jobs, investment, and economic dynamism to U.S. communities.
Opportunity Zones were first proposed in an EIG white paper, and EIG worked tirelessly to support the policy’s initial passage. Since then, EIG has been a leading source of information for public and private sector stakeholders on Opportunity Zones. This included fielding a survey of state officials involved in the initial nomination process, the results of which informed portions of this guide. EIG has also been a leading advocate for improvements to the OZ tax provisions, many of which were enacted in 2025. The team continues to work to ensure OZs deliver on their original promise of restoring economic opportunity to the American communities that need it most.
For the latest Opportunity Zones insights and resources from the Economic Innovation Group, visit eig.org/opportunity-zones.
Economic Innovation Group
OPPORTUNITY ZONES 2.0: DESIGNATION PLAYBOOK
22727
728
729
730
731
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0862 Agenda Date: 6/15/2026 Agenda #: 21.
Agenda Item Wording:
Historic Preservation Advisory Committee Reappointments - Recommendation to reappoint Jocelyn Duran to a first two-year term, reappoint Erick Arriaga to a second two-year term, reappoint Jerome Melgar to a second two-year term, and reappoint Tyler Davis to a fourth two-year term, on the Historic Preservation Advisory Committee.
Deadline for Action: 6/15/2026
Submitting Department: Community Development
Contact Name and Phone Number:
Tyler Davis, Chairperson, Historic Preservation Advisory Committee Cristobal Carrillo, Associate Planner, (559) 713-4443, [email protected] <mailto:[email protected]>
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025 [email protected] <mailto:[email protected]> Department Recommendation:
Staff recommends that the City Council accept the recommendation of the Historic Preservation Advisory Committee (HPAC) and take the following actions:
1. Reappoint Jocelyn Duran to the Committee for a first two-year term, beginning July 1, 2026, and ending June 30, 2028. Please note Ms. Duran was appointed to fill a partial term due to a vacancy on the committee. The partial term was less than one year (i.e., 10 months) and is therefore not considered as serving a full term. This makes the following term, if Ms. Duran is reappointed, their first full term.
2. Reappoint Erick Arriaga to the Committee for a second two-year term, beginning July 1, 2026, and ending June 30, 2028. Please note Mr. Arriaga was appointed to fill a partial term due to a vacancy on the committee. However, the partial term extended over one year (i.e., half the term) and is therefore considered as serving a full term. This makes the following term, if Mr.
Arriaga is reappointed, their second term.
3. Reappoint Jerome Melgar to the Committee for a second two-year term beginning July 1, 2026, and ending June 30, 2028.
4. Reappoint Tyler Davis to the Committee for a fourth two-year term beginning July 1, 2026, and ending June 30, 2028. Please note Mr. Davis was appointed to fill a partial term due to a vacancy on the committee. However, the partial term extended over one year (i.e., half the term) and is therefore considered as serving a full term. However, the Committee is recommending that the Council make exception and appoint Mr. Davis to a fourth term. While there has been an emphasis to appoint people who live in the district, there are currently only two people on the Committee that live in the Historic District. Therefore, the Committee and Visalia City Council Page 1 of 5 Printed on 6/12/2026
powered by Legistar™732
File #: 25-0862 Agenda Date: 6/15/2026 Agenda #: 21.
Staff are recommending that he be appointed to serve a fourth term.
Summary:
The HPAC currently has a fully seated committee of seven members. The reappointments of all four current committee members will allow HPAC to continue to pursue its mission to protect historical resources in the City of Visalia.
Committee Terms:
The current HPAC membership, along with the existing term each member is serving, is listed below as follows:
1. Tyler Davis*, Chair - 3rd term
2. Jay Hohlbauch - 4th term
3. Karen Ayala*, Vice-Chair - 2nd term
4. Jerome Melgar - 1st term
5. Kim Lusk - 1st term
6. Erick Arriaga - 1st term
7. Jocelyn Duran - partial 1st term
* Denotes residency within the Historic District.
Per the Committee and Commission Handbook (see Attachment 4) appointed members of a Committee are given a term of two years. A “partial term” is created when an appointed member resigns or is removed from Committee membership prior to completing the two year term. When a new member is appointed to fill the vacancy left by the previous member, they are required to complete the remaining term of the previous member, i.e. a partial term.
As a matter of past practice, staff determines that when a partial term extends over one year (i.e. half the term), it is considered as serving a full term. This makes the following term, if a member is reappointed, a second term. This is the case for Mr. Arriaga, who is currently serving a “full” term of approximately 1 year, 7 months. If reappointed, he would be serving a second term on the HPAC.
Both Ms. Duran and Mr. Melgar initially served partial terms, consisting of less than one year’s time (10 months for Ms. Duran, and 7 months for Mr. Melgar). As such, if reappointed, Ms. Duran would be serving her first full term, while Mr. Melgar (who was reappointed for a first full term on July 1, 2024) would serve a second full term.
Per Attachment 4, Committee members can serve for a total of six years. However, because of existence of partial terms, difficulties can arise regarding the total number of years a member can serve. This is the case for Mr. Davis, who was initially appointed to a partial term of 13 months on the HPAC in June 2021. Per the interpretations listed above, Mr. Davis is considered as currently completing his third term. Because he is one of only two members that live in the Historic District and therefore are subject to the policies and ordinances of the District, the Committee and Staff are recommending this exemption.
Background Discussion:
The HPAC is a seven-member committee which administers the Historic Preservation Ordinance and Visalia City Council Page 2 of 5 Printed on 6/12/2026
powered by Legistar™733
File #: 25-0862 Agenda Date: 6/15/2026 Agenda #: 21.
The HPAC is a seven-member committee which administers the Historic Preservation Ordinance and encourages property owners to maintain the historic character of their properties. The committee meets on the second and fourth Wednesdays of the month.
The HPAC is currently working on completing the Historic District Survey Project, a survey of the existing Historic District, Local Register, and adjacent areas for recommendation to be historically designated. The appointment of all four members will ensure that the committee retains sufficient numbers to bring the long-range project, now in its 3rd year, to completion, and retain a quorum to continue to conduct project reviews.
Biographical information about each of the candidates is provided below:
· Erick Arriaga is a community outreach coordinator with the Delta Mosquito and Vector Control District, creating and sharing educational materials via events, tours, and social media. Mr.
Arriaga has studied at both Reedley College and the College of the Sequoias, earning an Associates of Science degree in Communications from the former, and an HVAC Certificate from the latter. Mr. Arriaga has a strong interest in photography, mountain biking, dendrology, and architecture.
· Jocelyn Duran is an interior design assistant with DLB Design, an interior design studio based in downtown Visalia. Ms. Duran’s work consists of designing/drawing interior plans for residential and commercial projects. Ms. Duran is a member of Visalia Heritage, serving on its Board of Directors, working as a bilingual docent for walking tours, and participating in Visalia Heritage “Depot Project”, which is an effort to convert the former Depot Restaurant (207 East Oak Avenue) into a cultural center and historic museum. · Jerome Melgar is an insurance broker that has resided in Visalia for 19 years. Originally from the Los Angeles area, Mr. Melgar studied for a time at Los Angeles City College. Mr. Melgar has a strong interest in historic homes, often volunteering for survey activities, and is active as a member of Visalia Heritage, sitting on its Board of Directors. Mr. Melgar’s other interests include being a “foodie” and volunteering with the Sierra Baptist Church. · Tyler Davis is an Account Manager with the Monrovia Nursery Company with an avid interest in historic preservation. He has served on the HPAC since 2021 and is the current Chair. He studied at the College of the Sequoias and obtained an associate degree in the field of Ornamental Horticulture. Mr. Davis served for eight years on the Board of Trustees for the Sarah A. Mooney Museum in Lemoore, is a current member of the National Trust of Historic Preservation, and sits on the Board of Directors for Visalia Heritage. Mr. Davis enjoys gardening and resides in a well maintained historic home listed on the Local Register of Historic Structures, along the Encina Street corridor, within the Historic District.
Fiscal Impact: None.
Prior Council Action:
· Appointed Jocelyn Duran to the HPAC for a partial first term, beginning July 21, 2025, and ending June 30, 2026.
Visalia City Council Page 3 of 5 Printed on 6/12/2026
powered by Legistar™734
File #: 25-0862 Agenda Date: 6/15/2026 Agenda #: 21.
· Reappointed Jerome Melgar to the HPAC for a first two-year term beginning July 15, 2024, and ending June 30, 2026.
· Reappointed Tyler Davis to the HPAC for a third two-year term beginning July 15, 2024, and ending June 30, 2026.
· Appointed Erick Arriaga to the HPAC for a partial first term, beginning October 21, 2024, and ending June 30, 2026.
Committee/Commission Review and Action:
On May 13, 2026, the Committee approved of the reappointments of Erick Arriaga, Jocelyn Duran, Jerome Melgar, and Tyler Davis to the HPAC.
Alternatives:
The City Council may direct staff to initiate the recruitment process for Historic Preservation Advisory Committee members immediately.
Recommended Motions (and Alternative Motions if expected):
· I move to reappoint Erick Arriaga to a second two-year term, beginning July 1, 2026, and ending June 30, 2028, and
· I move to reappoint Jocelyn Duran to a first two-year term, beginning July 1, 2026, and ending June 30, 2028, and
· I move to reappoint Jerome Melgar to a second two-year term, beginning July 1, 2026 and ending June 30, 2028, and
· I move to reappoint Tyler Davis to a 4th two-year term beginning July 1, 2026, and ending June 30, 2028.
CEQA Review:
No environmental review is required for Committee appointments.
Attachments:
1. Committee Applications - Erick Arriaga, Jocelyn Duran, Jerome Melgar, and Tyler Davis
2. Historic Preservation Advisory Committee - 2026 Meeting Attendance
3. Historic Preservation Advisory Committee - Membership and Terms
4. City of Visalia Committee and Commissions Handbook
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 Page 4 of 5 Printed on 6/12/2026
powered by Legistar™735
File #: 25-0862 Agenda Date: 6/15/2026 Agenda #: 21.
☐
Economic
Vitality
☒
Organizational
Excellence
☐
Fiscal
Strength
☐
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 5 of 5 Printed on 6/12/2026
powered by Legistar™736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
CITY OF VISALIA
HISTORIC PRESERVATION ADVISORY COMMITTEE
MEMBERSHIP AND TERMS
1. Tyler Davis, Chair *
a. 1
st term: 6/7/2021 – 6/30/2022 (Completing existing term of member who resigned). b. 2
nd term: 7/1/2022 – 6/30/2024
c. 3
rd term: 7/1/2024 – 6/30/2026
2. Karen Ayala, Vice-Chair *
a. 1
st partial term: 1/17/2023 – 6/30/2023 (Completing existing term of member who resigned)
b. 1
st term: 7/1/2023 – 6/30/2025
c. 2
nd term: 7/1/2025 – 6/30/2027
3. Erick Arriaga
a. 1st term: 10/21/2024 – 6/30/2026 (Completing existing term of member who termed out, but who’s membership was extended while the HPAC searched to fill the vacancy)
4. Jay Hohlbauch
a. 1
st term: 7/1/2020 – 6/30/2022
b. 2
nd term: 7/1/2022 – 6/30/2023 (One year term, to restore 4/3 split of committee member term expirations between odd- and even-numbered years) c. 3
rd term: 7/1/2023 – 6/30/2025
d. 4
th term: 7/1/2025 – 6/30/2027
5. Jerome Melgar
a. 1
st partial term: 11/6/2023 – 6/30/2024 (Completing existing term of member who was removed).
b. 1
st term: 7/1/2024 – 6/30/2026
6. Kim Lusk
a. 1
st partial term: 7/15/2024 – 6/30/2025 (Completing existing term of member who resigned).
b. 1
st term: 7/1/2025 – 6/30/2027
7. Jocelyn Duran
a. 1
st partial term: 7/21/2025 – 6/30/2026 (Completing existing term of member who resigned).
* Resides within the Historic District
Late updated June 3, 2026.
754
1 CITY OF VISALIA
COMMITTEES
AND
COMMISSIONS
HANDBOOK
“A Guide for Community Volunteers”
755
2 Table of Contents
INTRODUCTION ........................................................................................................................................ 3 THE COMMITTEE AND COMMISSION’S ROLE, AUTHORITY AND RESPONSIBILITIES............ 4 COMMITTEE AND COMMISSION GUIDELINES.................................................................................. 5 Formation of a new Committee or Commission by the City Council........................................................5 Appointment of Citizens to Committees/Commissions.............................................................................5 Eligibility ...................................................................................................................................................6 Term Limits and Replacement Process......................................................................................................6 Attendance..................................................................................................................................................7 Compensation.............................................................................................................................................8 Removal .....................................................................................................................................................8 Meeting Notices.........................................................................................................................................8 ORGANIZATION ...................................................................................................................................... 10 Regular Meetings.....................................................................................................................................10 Adjourned Regular Meetings...................................................................................................................10 Special Meetings......................................................................................................................................10 Agenda .....................................................................................................................................................10 Minutes.....................................................................................................................................................10 Annual Reports ........................................................................................................................................11 Parliamentary Procedure ..........................................................................................................................11 Appointment of Officers..........................................................................................................................11 Role of the Chairperson and Vice Chairperson........................................................................................12 Role of the Secretary................................................................................................................................12 Role of the Members................................................................................................................................12 Role of the Alternate ................................................................................................................................12 Role of the Staff Representative ..............................................................................................................12 GUIDELINES FOR RELATIONS WITH OTHERS................................................................................. 14 Relations with Fellow Commission/Committee Members......................................................................14 Relations with Council.............................................................................................................................14 Relations with Staff..................................................................................................................................14 Relations with Media and Public Statements...........................................................................................14 LIST OF ALL BOARDS/COMMITTEES/COMMISSIONS .................................................................... 15 APPLICATION FOR APPOINTMENT..................................................................................................... 17 756
3 INTRODUCTION
Dear Citizen,
This packet has been prepared to inform you of how you can be involved in local government through citizen advisory committees or commissions. It includes basic information about the purpose and responsibilities, qualifications for membership and how to apply for a city committee or commission.
By serving on a city advisory committee or commission, you can help plan Visalia's future. These committees and commissions are making recommendations that affect life in Visalia. It is important that prospective members understand the functions and responsibilities of membership before actively seeking appointment. A great deal of personal satisfaction can be received through public service, and the knowledge and experience gained will be invaluable to you.
If you are interested in serving on a committee or commission, please fill out the application included in this booklet. Feel free to include a resume or other information you feel would help the City Council to decide which committee or commission could best use your expertise. Information about specific vacancies is published annually by the City. For further information or additional application forms contact the City Clerk’s Office, 220 N. Santa Fe, Visalia, CA 93292 or call (559) 713-4512 or visit our website at www.visalia.city
We welcome your attendance at any of our committee or commission meetings. Please see a listing of all committees/commissions and their meeting schedules at the end of this document and feel free to contact the staff representative for further information.
The City Council also encourages your participation and involvement at City Council meetings. The City Council meets on the first and third Mondays at 7:00 p.m., located at the City Hall Council Chambers, 707 W. Acequia. The Council Members are as follows:
Steve Nelsen, Mayor
Brian Poochigian, Vice Mayor
Greg Collins, Council Member
Brett Taylor, Council Member
Liz Wynn, Council Member
We look forward to working with you to create a better Visalia.
Steve Nelsen, Mayor
City of Visalia
757
4 THE COMMITTEE AND COMMISSION’S ROLE,
AUTHORITY AND RESPONSIBILITIES
The role of city committees and commissions is to advise the City Council in the determination of city policies and procedures. Committees/commissions facilitate public participation.
City committees and commissions are not involved in the administration or operation of city departments.
Committee/commission members may not direct administrative staff to initiate programs.
Committees/commissions may not conduct major studies or establish official policy without the approval of the City Council. City staff members are available to provide general staff assistance to committees/commissions.
Despite committees/commissions differing tasks, all share some basic responsibilities. Members need to stay informed on subjects of interest to the specific committee or commission.
Appointment to a commission or committee is an honor. It provides an opportunity for genuine public service. Each commission or committee member should be aware of the responsibilities that go along with officially serving the community. The specific duties of each commission or committee vary with the purposes for which it was formed. There are, however, many responsibilities common to all members.
1. Understand the role and responsibility of the commission or committee on which you serve. Be informed of its functions, work programs and relationship with other commissions/committees.
2. Represent the overall public good, not the exclusive point of view of a single group or interest.
3. Keep all lines of communication open. Each member serves as a communication link between the community, the City Council and the staff.
4. Do your homework and be prepared. Commission and committee members should become familiar with items under consideration prior to meetings in order to be fully prepared to discuss, evaluate, and act on matters scheduled for consideration. Feel free to seek staff’s advice and assistance in advance of a meeting.
5. Establish a good working relationship with fellow members, the Council, and your staff representative.
6. Understand the scope and authority of your responsibility and strive to work within that scope.
7. Be a participant, an active representative and be enthusiastic.
8. Commission/committee members should not approve projects that violate adopted City policies.
These bodies make recommendations to the Council about exceptions to or recommendations to change existing policies when appropriate.
758
5 COMMITTEE AND COMMISSION GUIDELINES
Formation of a new Committee or Commission by the City Council Unless otherwise stated by Council, a committee or commission shall be formed initially for a period of one year with time extended at the request of the committee/commission and concurrence of the Council.
After a one-year evaluation and if the committee/commission is to continue, the length of terms will be increased, and the expiration of terms will be staggered.
A newly formed committee or commission will be convened by the city staff representative, and each committee/commission will elect a chairperson, a vice-chairperson, and a secretary once the members feel sufficiently acquainted with each other.
A staff representative will be assigned by the City Manager to work with each committee/commission to prepare agendas, keep minutes and furnish assistance.
The size of commissions and committees may vary from 5 to 15 members and is set for each body by the City Council. A committee or commission may decide that it is in the best interest of the committee/commission to modify the number of its members and may recommend a change to the Citizens Advisory Committee. After the Citizens Advisory Committee receives a recommendation from the committee/commission along with reason(s), a recommendation to modify the number of members will be made to the City Council.
Each Committee or Commission should have a mission statement. Ex: “It is the mission of the Citizens Advisory Committee to act as a liaison between the general public and the City Council concerning community issues.”
Commissions are provided for in the City of Visalia’s Charter and the duties of the Commissions are contained in the City’s Municipal Code. The formation of a new Commission requires a Charter Amendment. Revision to Commission duties and responsibilities require an Ordinance change.
Appointment of Citizens to Committees/Commissions
All appointments and reappointments require formal action of the Council. Every committee/commission serves in an advisory capacity to the City Council.
Names to be considered for appointment will be recommended to the Council by the respective committee or commission. The Council may choose, however, to fill some positions in other manners as needed.
Persons in the community wanting to serve on an advisory committee/commission should submit their name and resume to the City Clerk’s Office (a standard application form is available and included in this handbook). The City Clerk will annually publish a notice of the process and procedure to be followed by individuals wanting to serve the City.
759
6 Applications will be kept on file for a period of two years. Applicants will be contacted one year after they file their application to ensure their continued interest in serving on a City committee or commission.
Eligibility
City advisory committees/commissions will reflect, to the extent possible, the community's geographic, ethnic, gender and age composition.
Appointees to committees/commissions should be 18 years of age or older, and live or work within the urban area of Visalia as defined by Visalia Unified School District’s boundary map. First consideration will be given to residents of the City of Visalia. Individuals under the age of 18 who indicate they are interested in participating are encouraged to attend meetings and participate as a member of the public.
Additional requirements may be applicable to a specific Committee or Commission.
No person should serve on more than one committee or commission at one time as a regular member or as an alternate. However, individuals with unique qualifications may be asked to serve on an additional committee/commission by the City Council.
Immediate family members may not concurrently serve on the same committee or commission; however, family members are encouraged to serve on different committees/commissions.
Employees of the City of Visalia may not serve on any committee/commission other than as a staff representative. Employees of companies who do business with the City of Visalia are encouraged to serve on committees/commissions other than those where the actions of the committee/commission may directly benefit the work of the member’s employer.
In accordance with Government Code Section 87200, planning commissioners are mandated to file Fair Political Practices Commission Form 700 Statement of Economic Interests upon assuming office, annually, and upon leaving office.
Government Code Section 53235 (AB 1234) requires that planning commissioners complete required ethics training within one year of assuming office and every two years thereafter.
Term Limits and Replacement Process
Term length for all members of Committees/Commissions is standardized to two-year terms. All terms begin on July 1
st and end on June 30th
.
Each committee member may serve three (3) two-year terms (for a total of six years). After serving for six years on a committee, a person must remain off for one year before reapplying to that same committee.
This does not prohibit the person from immediately applying to a different committee or commission.
Each commissioner (Planning and Parks and Recreation Commissions) may serve four (4) two-year terms (for a total of eight years). After serving for eight years on a commission, a person must remain off for one year before reapplying to that same commission. This does not prohibit the person from immediately applying to a different commission or committee.
760
7 Because member turnover may periodically cause some difficulty in obtaining a quorum, a member’s term may be temporarily extended for an additional six months by the committee.
Appropriate recognition will be made of services when a term is completed, and a member leaves a committee or commission. This recognition will be made by the committee/commission with the help of the staff representative.
Scheduled Vacancies: To comply with the Maddy Act, on or before December 31st of each year, the City Clerk’s Office publishes the Local Appointment List informing the public of all scheduled vacancies for the upcoming year. The list is posted on the City’s website, at all City Hall posting boards, and at the public library.
Resignations: Members resigning from a committee or commission should submit a letter of resignation to the Mayor, City Clerk and the secretary of their committee or commission.
Reappointments: When a member is eligible for another term, the committee/commission will present a recommendation to the City Council asking for reappointment of the member. Reappointments are not automatic; the City Council makes the final determination on all appointments and reappointments.
Unscheduled Vacancies: The public will be informed regarding all unscheduled vacancies within 20 days after the vacancy occurs and at least 10 days before the vacancy is filled. Postings of unscheduled vacancies will be made by the City Clerk’s office by posting the vacancy on the City’s website, on the City Hall posting boards, the public library, through a press release, and an announcement included in the Inside City Hall newsletter.
Filling Unscheduled Vacancies with Alternates: For committees/commissions with membership under 12, a maximum of two (2) alternates may be, but are not required to be, appointed to a committee/commission by the Council and designated as alternate 1 and alternate 2. For committees/commissions with memberships of 12 or more, a maximum of four (4) alternates may be appointed and designated alternates 1, 2, 3, 4.
Once appointed as an alternate, the advance process can occur automatically, without any further confirmation by the Council, unless the Council specifically asks for a position to be brought before them for consideration. When an unscheduled vacancy occurs, alternate 1 may automatically advance to the voting position, and alternate 2 will become alternate 1. If an alternate serves more than half of an unexpired term, it will be considered a full term. If a committee/commission prefers to recommend a different approach to filling unscheduled vacancies with alternates, Council approval must be obtained.
Alternates do not automatically advance to a voting position at the end of a member’s term. When a term ends, the alternates and all other applicants are to be considered for appointment to the committee/commission and recommended to the City Council for final appointment.
Attendance
761
8 Advisory body members are expected to attend meetings regularly. Conscientious attendance is a fundamental responsibility, as irregular attendance lessens one’s ability to study all aspects of items under consideration. It is important to notify staff of any absences for the purposes of determining a quorum.
Members are required to notify the staff liaison no later than 24 hours prior to any regular meeting of his/her intent not to attend said meeting.
Excessive absenteeism, which is defined to mean missing three consecutive regular meetings or four regular meetings in a 12-month period, shall constitute resignation of the member and the member shall be considered removed from the advisory body. In the event a meeting is cancelled because of a lack of quorum, the member(s) whose lack of attendance caused the cancellation will be counted, even though no meeting occurred.
Tardiness and early departure of more than 30 minutes in a meeting is considered an absence.
A Council sub-committee, comprised of the Mayor and Vice Mayor, may grant an exemption to the attendance policy or approve an extended leave of absence for members of City Committees/Commissions, based on individual circumstances.
The attendance policy becomes effective April 1, 2012, and April 2012 begins the first month in the 12- month attendance counting period.
Compensation
The members of the Planning Commission receive a $100 monthly stipend and paid conferences and training. Planning Commissioners do not receive city health benefits.
All other committee and commission members receive no compensation, stipend or benefits of any kind.
Actual and necessary expenditures incurred by members, while engaged in official commission or committee business, may be reimbursed to said members, provided such expenditures have been previously approved by the department head responsible for staffing the commission or committee.
Planning Commissioners and Parks and Recreation Commissioners will be provided business cards at the city’s expense at the request of the member. This is not available to committee members.
Removal
Commissioners and Committee members may be removed from office, upon the recommendation of any member of the City Council, and with the concurrence of a majority of the City Council, for breach of duty, for conduct unbecoming a public official of the city, for violation of the city’s code of ethics, or for any cause deemed warranted by a majority of the City Council.
Meeting Notices
Effective January 1, 2012, each Committee/Commission will provide notice of each meeting, including 762
9 special meetings, on the City’s web site. Committee/commission members, media representatives and any other interested persons who so requests will be notified in advance of time and place of each meeting. Meetings are open to the public and must follow the posting guidelines of the Brown Act.
The City Council is to receive all notices of meetings, agendas and minutes.
These guidelines may be waived or changed at the discretion of the Council. The Council has the discretion to make appointments outside of this stated policy. Statutory committees and commissions are separate from these guidelines to the degree required by State Law, City Charter or Ordinance Code. 763
10 ORGANIZATION
Regular Meetings
Regular meetings are held for most of the city’s committees and commissions. An exception would be committees that meet as needed or “on-call” or committees that convene on an occasional basis.
Agendas of all regular meetings must be posted for public review at least 72 hours prior to the meeting.
The official posting place of agendas is at City Hall West (707 W. Acequia), and the city’s web page www.visalia.city . Notices may also be posted at City Hall East (315 E. Acequia) or Administration (220 N.
Santa Fe)
Adjourned Regular Meetings
If for any reason the business to be considered at the regular meeting cannot be completed, the committee or commission may then adjourn to a specified time and location. A notice announcing the adjournment must be posted within twenty-four hours after the time of adjournment.
Special Meetings
If it is necessary to meet at a time or date that is not the regular meeting schedule, a Special Meeting may be called by the advisory body. A Special Meeting may also be called in order to discuss an important issue that needs to be addressed immediately. Notice of special meetings must be received by members and posted at City Hall and on the City’s web page at least 24 hours in advance of the meeting. Only the business set forth in the agenda may be considered at the meeting.
Agenda
At least 72 hours before a regular meeting, an agenda shall be publicly posted which specifies the time and location of the meeting and contains a brief general description of each item of business to be transacted or discussed at the meeting.
Minutes
Minutes of all meetings must be kept as a permanent record by the committee/commission’s staff representative. The minutes should be taken and prepared by the committee/commission’s secretary with the assistance of the staff representative. Written minutes, upon approval by the committee or commission, constitute the official record of its activities. Additions and correction of the minutes may be made only in public meetings, with the approval of the body, and not by the private request of individual members. Minutes are not verbatim but are instead, action minutes, which record the essence of the decision made and significant action taken.
764
11 Annual Reports
Each Committee and Commission shall submit an annual report to the City Council. The annual report should include the number of meetings held, approximate number of citizens attending, accomplishments for the year, goals for the next year, and any other significant areas of which the Council should be aware.
Parliamentary Procedure
In order for a commission/committee to meet, conduct business and take action, a quorum must be present. A quorum is generally defined as a majority (one more than half) of appointed members to the particular advisory body. Meetings of commission/committees are generally operated according to parliamentary procedure using Roberts Rules of Order as a guideline. Each body may establish additional rules, limit debate and eject unruly persons if necessary.
The use of Parliamentary Procedure…
➢ Promotes cooperation and harmony so that people can work together more effectively to accomplish their goals.
➢ Guarantees each individual an equal right to propose motions, speak, ask questions and vote. ➢ Protects the rights of minority points of view and gives the minority the same consideration and respect as those in the majority.
➢ Encourages the full and free discussion of every motion presented. ➢ Ensures that the meeting is fair and conducted in good faith.
Commission/committee action is taken by motion. Motions go through the following general steps:
1. The member making the motion asks to be recognized by the chair;
2. The member makes the motion… “I move…”;
3. Another member seconds the motion (if there is no second, the motion dies and is not voted upon);
4. The chairperson states the motion or if he is not clear asks the member making the motion to re-state the motion;
5. The chairperson asks if there is any discussion on the motion;
6. When the chairperson determines that there is no more discussion on the motion, the debate is closed;
7. The chairperson puts the motion to a vote.
The vote on a motion may take the form of “all in favor” so state, “all opposed” so state, which is called a commission/committee vote. If members prefer, the vote may take the form of a voice or roll call vote.
The Brown Act prohibits voting or taking action by secret ballot.
Appointment of Officers
Annually, each Committee/Commission shall elect a Chairperson, Vice Chairperson, and Secretary from their members. Commissions may have a staff person appointed as secretary. 765
12 Role of the Chairperson and Vice Chairperson
During meetings, the chairperson is responsible for overseeing the public debate in a manner that encourages input while facilitating the decision-making process.
The chairperson should limit the discussion and debate to the particular scope of responsibility of the group and should ensure that all individuals have the opportunity to speak. The chairperson should expedite the business of the commission/committee by making sure that the discussion does not go offtrack or bog down on peripheral issues.
In the event that the chairperson is not present at the meeting, the meeting will be chaired by the vicechairperson and all duties of the chairperson will transfer to the vice-chair during the chairperson’s absence.
Role of the Secretary
The secretary is responsible for recording the actions at the meeting and keeping the attendance record of the advisory body. A staff person may assist with this duty, if needed. The secretary should prepare the action minutes as soon after the meeting as possible and review them with the staff person prior to submitting to the committee for approval. The staff person is the “keeper” of the committee’s agendas, action minutes and attendance records.
Role of the Members
The committee/commission members serve as the “workers” by providing ideas, suggestions, and perspectives that may not have been considered by the City Council, chairperson and staff.
Role of the Alternate
Alternates are not regular members of the committee or commission, and while encouraged to attend, they are not voting members and should not be accorded the same rights and privileges as voting members.
Role of the Staff Representative
The City Manager appoints staff representatives to serve each of the committees and commissions. The staff representative provides information, support services and facilitates communication between the committee, the City Council and city management.
The duties of the staff representative shall include:
1. Reserve and prepare a meeting location that is available to the general public and accessible to the handicapped throughout the entire meeting.
766
13 2. Secure the location when the meeting is completed.
3. Assure that the committee/commission maintains the established meeting schedule.
4. Monitor the committee/commission membership and assist members in filling open positions, notifying the City Clerk’s Office promptly when an unscheduled vacancy occurs and when an alternate is promoted to regular member status.
5. Act as a resource for questions or inquiries generated by members of the committee or commission.
6. Act as liaison between the committee/commission and the City of Visalia.
7. Make proper meeting notifications, in accordance with the Brown Act, and make certain that all meetings are conducted in accordance with all laws.
8. Make certain that all documents related to the committee/commission are current and reflect the present operational status of the committee or commission.
9. Assist the Secretary in preparation of the action minutes; the staff person is the official “keeper” of the agendas, back-up materials, and action minutes
10. Oversee preparation and presentation of the required year-end summary to the City Council.
11. Perform other duties as assigned by the City Manager, Department Head or City Council.
12. Maintain a list of terms of the committee/commission members. 767
14 GUIDELINES FOR RELATIONS WITH OTHERS
Relations with Fellow Commission/Committee Members
Cooperation among fellow commission/committee members plays an important role in the successful efforts of these groups. In order to build consensus around common goals and objectives, members should first show a willingness to objectively define the issues at hand and then work to reconcile opposing viewpoints. When commissioners/committee members interact positively, the group as a whole will be more effective. Important points to keep in mind in working with other commission/committee members:
1. Respect an individual’s viewpoint even though it may be different from your own;
2. Allow other members adequate time to present their view before making comments;
3. Be open and honest;
4. Welcome new commission/committee members and help them become acquainted with the commission/committee.
5. Accept responsibility, voice opinions and be fair and factual.
Relations with Council
The primary responsibility of commissions/committees is to advise and make recommendations to the Council. It is the Council’s role to absorb the advice and recommendations offered by numerous sources and to make decisions to the best of its ability. Because the Council is in such a position to see the broader context and is aware of other concerns, it may not always follow the recommendation offered by individual commissions/committees.
Relations with Staff
The staff representative’s role is valuable to the success of the commission/committee. They do research and provide relevant information that enhances a commission/committee’s ability to get things done. Staff is available to answer questions and follow-up on items brought before the commission/committee.
However, members should be aware that the staff representatives are there as liaisons, assisting the members of the commission/committee by gathering information when needed or requested, submitting recommendations of the commission/committee to the Council, etc. Staff representatives must sustain a balance between their role as a liaison and as a city employee. Commission/committee members must be sensitive to the unique and vital relationships that staff representatives must maintain.
Relations with Media and Public Statements
Commissioners and Committee members should not make public statements as a spokesperson for the City of Visalia or of their particular committee/commission. Any statement made reflects the opinion of that particular member only. Any inquiries regarding city committees or commission matters should be referred to the staff representative and/or the Community Relations Manager. 768
15 LIST OF ALL BOARDS/COMMITTEES/COMMISSIONS
Committee/
Commission
Composition Regular Meetings Summary Staff Representative Citizens Advisory
Committee
11 members Held the first
Wednesday of each
month at 5:30 p.m. at
City Administration
220 N. Santa Fe
Acts as a liaison
between the general
public and the City
Council concerning
community issues.
Jason Serpa
713-4533
Luma Fahoum
713-4103
Historic Preservation
Committee
7 members Held the second and
fourth Wednesdays at
5:30 p.m. at City
Administration 220
N. Santa Fe
Administers and
carries out standards
and specifications of
the Historic
Preservation
Ordinance. Promotes
historic preservation
including
encouraging building
owners to initiate
preservation efforts.
Develops funding
and/or incentive
options, conducts
tours, and oversees
building
identification.
Cristobal Carrillo
713-4443
Park and Recreation
Commission
5 members Held the second
Tuesday of each
month at 5:30 p.m., at
City Hall Council
Chambers
707 W. Acequia
Advises the City
Council and City
staff in matters
pertaining to parks,
playgrounds and
recreation centers.
Laurissa
Roggenkamp
713-4042
Planning
Commission
5 members Held the second and
fourth Monday of
each month at 7:00
p.m., at the City Hall
Council Chambers
707 W. Acequia
Makes recommendations to the City
Council concerning
land use, building and
subdivisions,
administers the
Zoning Ordinance
and handles matters
that affect the growth
and development of
Visalia
Paul Bernal
713-4025
769
16 The following Boards have city appointees:
Committee/
Commission
Composition Regular Meetings Summary Staff Representative Delta Vector Control
Board
1 City representative On call. Monitors, controls
abate and otherwise
controls animals
which carry diseases
Leslie Caviglia
713-4332
Tulare Mosquito
Abatement District
Board
1 City appointee On call As a political
subdivision of the
State of California,
the district monitors,
inspects, abates and
otherwise controls
insects which carry
transmittable diseases
Visalia Civic
Facilities Authority
2 City appointees Obligated to meet
once a year.
Serves as the
governing body for
matters pertaining to
the Convention
Center, the L.J.
William’s Theater
and the Rotary
Theater. The
authority acquires
constructs, manages,
maintains, operates
and leases buildings.
Visalia Unified
School District lead
agency
Members of Committees may serve up to three (3) two-year terms (maximum 6 years) Members of Commissions may serve up to four (4) two-year terms (maximum 8 years) 770
17 CITY OF VISALIA
APPLICATION FOR APPOINTMENT
TO CITY BOARD, COMMITTEE OR COMMISSION
Name of Board, Committee or Commission
Name _______________________________________________________________________________ Mailing/ _______________________________________________________________________________ Address ________________________________________________ Residence Phone _____________ __________________________ Zip Code ___________ Work Phone _________________ Email ________________________________________________ Facsimile ___________________ Resident of Visalia for _________ years Visalia Registered Voter: Yes __________ No __________ NOTE: Of the contact information provided, please indicate with an asterisk “*” which is the best way to reach you.
TRAINING, EXPERIENCE and/or EDUCATION:
_____________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ _________________________________________________________________________________ _____________________________________________________________________________________
SCHOOL MAJOR GRADUATION DATE & DEGREE
Additional Pertinent Skills, Experience or Interests: ___________________________________________ ______________________________________________________________________________________ Community activities in which you are involved: ___________________________________________ ______________________________________________________________________________________ Current or prior service on a City Board, Committee or Commission: _________________________ 771
18 Employment Information:
Present Occupation:
______________________________________________________________________________________ __
Name of Firm: ___________________________________________________________ Address: ________________________________________________________________ Phone: ________________________________________________________________ Rules of law and ethics prohibit members from participating in and voting on matters in which they have a direct or indirect conflict of interest including a financial interest. Are you aware of any potential conflicts of interest which may develop from your occupation or financial holdings in relation to your responsibilities as a member of the Board, Committee or Commission to which you seek appointment?
(If yes, please explain in detail any potential conflicts) YES ___________ NO _____________
(If you should have any questions about this matter or need further information as it relates to your situation, please advise the City Clerk’s Office prior to submitting your application.)
______________________________________________________________________________________ 772
19 FIRST choice for Board/Committee/Commission appointment: ___________________ SECOND choice for Board/Committee/Commission appointment: __________________ _________________
THIRD choice for Board/Committee/Commission appointment: ___________________ Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.
What are your goals in serving on this
Board/Committee/Commission?
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.
What are your goals in serving on this
Board/Committee/Commission?
Describe any qualifications, experience, and education, as well as any technical or professional background you may have relative to the duties of this position.
What are your goals in serving on this
Board/Committee/Commission?
773
20 When completed mail/submit original to: Office of the City Clerk – City of Visalia
220 N. Santa Fe St.
Visalia, California 93292
[email protected]
ON OCCASION, BOARD/COMMITTEE/COMMISSION MEMBERS, CITY STAFF, AND/OR THE
PUBLIC MAY HAVE NEED TO COMMUNICATE WITH YOU, PLEASE BE SURE TO NOTE ON YOUR APPLICATION THE BEST WAY TO CONTACT YOU (i.e., mailing address, phone number, or email address.)
I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge.
_______________________________________________ ____________________________ Signature of Applicant Date
The following information will be used for statistical purposes only. This information is requested on a voluntary basis. If you have questions regarding this request, please contact the City Clerk’s Office. Your application will be processed whether or not you complete these questions. Thank you for your assistance. Male Female
Ethnic Category: check all categories that apply:
White
(The category “White” includes White, Anglo-Saxons, Europeans, and person of Indo-European, North Africa or Middle Eastern origin.)
Black
(The category “Black” includes Blacks, Afro-Americans, and persons of Jamaican, Trinidadian, and West Indian descent.)
Hispanic
(The category “Hispanic” includes Mexican, Chicano, Latino, and all persons of Puerto Rican, Cuban Central or South American or Spanish descent.)
American Indian
(The category “American Indian” includes persons who identify themselves, or a re known as such, by virtue of tribal associations, including Alaskan Native.) Asian
(The category “Asian” includes Asian-Americans and persons of Japanese, Chinese, Korean, Filipino descent, Pacific Islanders and Vietnamese.)
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in the evaluation of your application.
774
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0863 Agenda Date: 6/15/2026 Agenda #: 22.
Agenda Item Wording:
Authorization to apply for Kaweah Subbasin Multibenefit Land Repurposing Program - Authorize the City to apply to the Kaweah Subbasin Multibenefit Repurposing Program for up to $100,000 for a planning grant to assist the transition of irrigated agricultural land at the Visalia Municipal Airport to less water-intensive use(s).
Agenda Date: 06/15/2026
Prepared by: John Lollis, Assistant City Manager, [email protected], 713-4323 Department Recommendation:
Staff recommends that the City Council authorize the application to the Kaweah Subbasin Multibenefit Land Repurposing Program for up to $100,000 for a planning grant to assist the transition of irrigated agricultural land at the Visalia Municipal Airport to less water-intensive use(s).
Summary:
Staff is seeking grant opportunities to fund the necessary planning to transition the approximate 233- acres of irrigated agricultural land currently under lease at the Visalia Municipal Airport for the development of a solar microgrid for energy generation and storage to support infrastructure and economic development activities at the Airport.
Background Discussion:
Many Central Valley communities are navigating groundwater changes driven by droughts and imbalanced water supplies. The Sustainable Groundwater Management Act (SGMA) establishes a deadline to transition to sustainable groundwater use by 2040 in critically overdraft subbasins in California, such as the Kaweah Subbasin. It is estimated that up to 1,000,000-acres of irrigated agricultural land in the Central Valley may need to be fallowed, retired or repurposed to balance groundwater supplies.
To support beneficial alternatives, the California Department of Conservation (DoC) established the Multibenefit Land Repurposing Program (MLRP) to incentivize multibenefit land repurposing that takes a strategic regional approach and provides benefits to both the environment and surrounding communities.
Multibenefit land repurposing is the act of transitioning irrigated agricultural land to other uses that consume less water and provide additional benefits to ecosystems and surrounding communities.
Alternative land uses may include but are not limited to: the installation of groundwater recharge basins, restoration of lands to native habitat, transition to dryland farming or non-irrigated rangeland, renewable energy projects, reestablishment of Tribal land uses, and the creation of parks.
The Kaweah Delta Water Conservation District and its regional partners received a $10 million block grant to support land repurposing in the Kaweah Subbasin from the MLRP for five (5) years (2022- Visalia City Council Page 1 of 3 Printed on 6/12/2026
powered by Legistar™775
File #: 25-0863 Agenda Date: 6/15/2026 Agenda #: 22.
grant to support land repurposing in the Kaweah Subbasin from the MLRP for five (5) years (2022- 2027). The Kaweah Subbasin MLRP is committed to the selection and implementation of multibenefit projects that aim to reduce reliance on groundwater while supporting a viable agricultural economy and improving community economies and environmental health outcomes.
A project solicitation for Development Funding was open from March 14, 2025 to August 31, 2025, and reopened on April 24, 2026 until June 26, 2026. The Kaweah Subbasin MLRP reopened the solicitation to enroll more projects with clear groundwater recharge or groundwater sustainability benefits. Applications must develop projects that provide groundwater benefits by converting irrigated agricultural land to less water-intensive uses(s) and may provide additional benefits to community health, economic well-being, and wildlife habitat. Applications that design projects with measurable water savings and/or groundwater recharge elements will be prioritized. Up to $200,000 per project is available for the finalization of project designs, plans, and permits that would result in a fully-planned and permitted project by September 30, 2027, which could later be implementable through additional funding sources.
With an approximate 233-acres of irrigated agricultural land within the fenceline at the Airport currently under a year-to-year lease, City staff is beginning the necessary planning for the proposed transition from irrigated agricultural land to the development of a solar microgrid for energy generation and storage to support infrastructure and economic development activities at the Airport, which renewable energy projects are eligible alternative land uses under the MLRP.
Fiscal Impact including annual maintenance and operating costs:
The proposed FY 2026-27 Capital Improvement Project Budget includes an Alternative Energy Assessment & Feasibility Study at the City’s Water Recycling Facility (WRF) and Visalia Airport with an estimated cost of $420,000, of which the WRF is proposed to fund $336,000 and the Airport fund $84,000. The successful selection for this grant funding opportunity would offset the Airport’s financial contribution to the Study.
Prior Council Action: None
Alternatives:
The Council could elect not to authorize the application be submitted to this grant funding opportunity.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the application to the Kaweah Subbasin Multibenefit Land Repurposing Program for up to $100,000 for a planning grant to assist the transition of irrigated agricultural land at the Visalia Municipal Airport to less water-intensive use(s).
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments:
1. Kaweah Subbasin MLRP Funding Announcement
2. Kaweah Subbasin Map
Visalia City Council Page 2 of 3 Printed on 6/12/2026
powered by Legistar™776
File #: 25-0863 Agenda Date: 6/15/2026 Agenda #: 22.
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 Page 3 of 3 Printed on 6/12/2026
powered by Legistar™777
MORE INFORMATION
Visit kaweahmlrp.org
i
WHO’S ELIGIBILE
Landowners, GSAs, Nonprofits, Public
Agencies, Local Governments, Tribes
APPLICATION DEADLINE
June 26, 2026 at 11:59pm PDT
PLANNING FUNDING AVAILABLE
Up to $200,000 and minimum of $50,000
per project for planning and permitting
DEVELOPMENT FUNDING AVAILABLE
Visit kaweahmlrp.org for more
information, including:
Request for Projects (RFP)
Application Form
Eligible Project Types
Technical Assistance
RESOURCES & MATERIALS
The Kaweah MLRP is reopening this solicitation to enroll more projects with clear groundwater sustainability benefits. Applications must develop projects that provide groundwater benefits by transitioning irrigated agricultural land to less water-intensive use(s) and create an additional benefit for rural communities, economies, and/or ecosystems. Applications that design projects with measurable water savings and/or groundwater recharge elements will be prioritized. These funds are exclusively for project planning, design, and/or permitting, and are not eligible to fund the implementation of projects.
ELIGIBLE PROJECT TYPES
Applicants are strongly encouraged to reach out for a free consultation before submitting an application. Please email [email protected].
Se dará prioridad a las solicitudes que diseñen proyectos con ahorros de agua medibles y/o elementos de recarga de agua subterránea. Se recomienda ampliamente a los solicitantes que se pongan en contacto para una consulta gratuita antes de enviar su solicitud. Por favor comuníquese con [email protected].
TECHNICAL ASSISTANCE / ASISTENCIA TÉCNICA
Kaweah Multibenefit Land Repurposing Program
PROGRAM PARTNERS:
GEOGRAPHIC AREA
Kaweah Subbasin
RECURSOS Y MATERIALES
Visite kaweahmlrp.org para obtener
información sobre la solicitud del Kaweah
MLRP, incluyendo cómo entregar una
solicitud, los tipos de proyectos elegibles
y los recursos de asistencia técnica.
FUNDING ANNOUNCEMENT
¡Anuncio de financiación para proyectos de reúso de tierras! Re-Opened!
778
Kaweah Subbasin Map
779
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0864 Agenda Date: 6/15/2026 Agenda #: 23.
Agenda Item Wording:
Approve a contract for parts and service - Approve a contract with HAAKER Equipment Company for service, repair, and parts for McNeilus refuse truck bodies, Elgin street sweepers, Vac-Con units, and other HAAKER-supported fleet equipment for an amount not to exceed of $100,000 annually, with an option to renew up to (4) additional one-year terms but not to exceed $500,000 over the term of the contract.
Agenda Date: 06/15/2026
Prepared by:
Danny Galindo, Public Works Manager, [email protected] , 713-4186 Nick Bartsch, Public Works Director, [email protected] ,713-4052 Department Recommendation: Staff recommends that the City Council approve a contract with HAAKER Equipment Company for service, repair, and parts for McNeilus refuse truck bodies, Elgin street sweepers, Vac-Con units, and other HAAKER-supported fleet equipment. The contract shall not exceed $100,000 annually, with an option to renew up to (4) additional one-year terms but not to exceed $500,000 over the term of the contract.
Summary:
The Fleet Division maintains a diverse fleet of specialized equipment utilized by multiple City departments. HAAKER Equipment Company is the regional authorized dealer for McNeilus refuse truck bodies, Elgin Street sweepers, and several other equipment manufacturers represented within the City's fleet. Staff is requesting approval of an annual contract to provide a readily available source for parts, repairs, and technical support to help maintain fleet reliability and reduce equipment downtime.
Background Discussion:
The Fleet Division maintains and repairs equipment utilized throughout the City, including refuse collection vehicles, street sweepers, sewer maintenance equipment, and other specialized fleet assets. Maintaining fleet reliability requires timely access to specialized parts, technical expertise, and repair services to minimize downtime and support uninterrupted City operations.
HAAKER Equipment Company is the regional authorized dealer for McNeilus refuse truck bodies and Elgin street sweepers utilized within the City's fleet. As the authorized dealer, HAAKER provides original equipment manufacturer (OEM) parts, warranty support, technical assistance, and manufacturer-certified repairs for these equipment platforms. Documentation supporting HAAKER's authorized dealer status is included and serves as the basis for the proposed sole-source contract.
In addition to supporting McNeilus and Elgin equipment, HAAKER provides parts and service support for several other equipment manufacturers represented within the City's fleet, including specialized Visalia City Council Page 1 of 3 Printed on 6/12/2026
powered by Legistar™780
File #: 25-0864 Agenda Date: 6/15/2026 Agenda #: 23.
sewer maintenance and vacuum truck equipment. Establishing this contract will provide Fleet staff with an additional authorized service provider capable of supporting multiple equipment types across several City departments. Located in Tulare, they have demonstrated the ability and willingness to service older equipment that is no longer supported by the original manufacturer’s local dealer or service center.
The proposed annual contract amount is based on historical maintenance costs from the City’s existing refuse truck fleet and anticipated future repair needs. For the older fleet, the City incurred average annual maintenance costs of approximately $12,600 per truck in FY 2024-2025. FY 2025- 2026 to date, average costs are approximately $7,765 per truck; however, these figures still primarily reflect maintenance trends from the existing fleet and do not yet represent the full lifecycle costs of the newer McNeilus units.
Industry experience and comparable fleet data indicate that maintenance costs increase as vehicles age and major components begin to fail. Significant repairs can be substantial. For example, replacement of packer rams can exceed $10,000, while routine wear items such as arms and associated parts can cost several thousand dollars per occurrence.
While costs for the McNeilus fleet are expected to be lower in the initial years of operation, establishing a budget of approximately $10,000 per truck annually provides a prudent and balanced approach. This estimate accounts for historical fleet experience, anticipated cost escalation over the vehicle lifecycle, inflationary pressures, and the potential for unexpected major repairs.
Approval of this contract will ensure timely repairs, minimize vehicle downtime, and maintain consistent solid waste collection services for the community.
Fiscal Impact including annual maintenance and operating costs:
Expenditures are paid initially out of the Fleet Maintenance Fund. These costs are then charged to the vehicle use department monthly, as incurred.
Prior Council Action:
· 04/26/2026 Purchase (1) Electric McNeilus automated side-loader refuse truck. · 10/06/2026 Purchase (3) McNeilus front-load refuse trucks. · 12/16/2024 Purchase (1) Elgin Broom Bager sweeper.
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):
I move to approve an annual contract to HAAKER Equipment Company for McNeilus refuse truck bodies, Elgin street sweepers, Vac-Con units, and other HAAKER-supported fleet equipment. The contract shall not exceed $100,000 annually, with an option to renew up to (4) additional one-year terms but not to exceed $500,000 over the term of the contract.
Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Page 2 of 3 Printed on 6/12/2026
powered by Legistar™781
File #: 25-0864 Agenda Date: 6/15/2026 Agenda #: 23.
Deadline for Action: 06/15/2026
Attachments:
Levine Act
Pricing
Sole source letter
Strategic Goal:
☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 3 of 3 Printed on 6/12/2026
powered by Legistar™782
783
From: Gregg Robinson <[email protected]>
Sent: Sunday, May 31, 2026 8:44 PM
To: Danny Galindo <[email protected]>
Cc: Steve Ellis <[email protected]>
Subject: FW: Purchasing contract information needed
Good afternoon,
Thank you for the opportunity to earn your business.
We service all makes and models of Refuse, Vacuum, Sweeper, Scrubber, and Asphalt units, as well as underground Hydro and camera systems and controls.
We are open to stocking all makes and models of refuse parts or providing an on-site inventory of aftermarket and OEM parts for ALL makes.
Please see the rates as requested:
Shop Rate: Refuse/Vacuum/Asphalt/Large Truck $225.00
Field Rate: Refuse/Vacuum/Asphalt/Large Truck $240.00
Shop Rate & Field Rate: Small Scrubber Sweepers/Pressure Washers $169.00 Shop Rate OT/After hours: Refuse/Vacuum/Asphalt/Large Truck $337.50 Shop Rate OT/After hours: Refuse/Vacuum/Asphalt/Large Truck $360.00 Shop Rate & Field Rate: Small Scrubber Sweepers/Pressure Washers $169.00 Shop Rate OT/After hours: Small Scrubber Sweepers/Pressure Washers $253.50 Parts markup is +10 % over cost.
Thank you, and please let us know how else we may help.
Gregg Robinson, Central Valley General Manager
HAAKER Equipment
mobile: (559) 378-1726
office: (559) 220-8897
haaker.com
784
1300 W. Bartlett Road ▪ Elgin, IL 60120 ▪ p. (847)741-5370 ▪ f. (847)742-3035 ▪ www.elginsweeper.com De
March 10, 2026
To Whom It May Concern:
I wanted to confirm that the only authorized dealer for our Vactor, TruVac, and Elgin Sweeper products in Southern California and Southern Nevada is:
Haaker Equipment Haaker Equipment Haaker Equipment Haaker Equipment 2070 N White Ave 9465 Mission Park Pl 4490 South K St 4645 Copper Sage St La Verne, CA 91750 Santee, CA 92071 Tulare, CA 93274 Las Vegas, NV 89115 Haaker will provide genuine OEM parts and is staffed with factory trained service personnel who support our products throughout their area of responsibility. They stock a significant parts inventory level to support their customers and maintain all of their own rental equipment.
We often learn of instances where other parts suppliers have attempted to represent themselves as suppliers of genuine Elgin and Vactor parts, or as being authorized by Elgin and Vactor to manufacture replacement parts. Please be advised that Elgin and Vactor “Performance Matched” replacement parts are only sold through authorized Elgin and Vactor distributors. Elgin Sweeper Company and Vactor Manufacturing do not provide other suppliers – will fitters – with our design specifications. In addition, we have not authorized any other manufacturer to make or distribute Elgin or Vactor “Performance Matched” replacement parts.
If you have any questions regarding the identification of an authorized Elgin or Vactor distributor, please call Elgin Sweeper Company at 847-741-5370 or Vactor Manufacturing at 815-672-3171. We will be happy to provide you with the requested information.
Best regards,
John E. Abramowski
Regional Sales Manager
Federal Signal Environmental Solutions Group
Elgin Sweeper & Vactor Products
ELGIN
VACTOR
TRUVAC
GUZZLER
JETSTREAM
785
June 1, 2026
To Whom It May Concern:
I am writing to confirm that the sole authorized dealer for McNeilus Truck and Manufacturing refuse collection products in California and Arizona is:
Haaker Equipment
Company
3624 Munster Ave.,
Unit A
Hayward, CA 94545
Haaker Equipment
Company
9465 Mission Park Pl
Santee, CA 92071
Haaker Equipment
Company
401 N. Pepper Ave
Colton, CA 92324
Haaker Equipment
Company
4490 South K St
Tulare, CA 93274
Haaker Equipment
Company
2940 W. Virginia Ave
Phoenix, AZ 85009
Haaker Equipment Company provides genuine OEM parts and is staffed with factory-trained service personnel fully qualified to support McNeilus products throughout their territory. Haaker maintains a comprehensive parts inventory to ensure rapid availability and supports all of their own rental equipment.
Please be advised that McNeilus Truck and Manufacturing genuine replacement parts are only available through authorized McNeilus dealers such as Haaker Equipment Company. McNeilus does not provide design specifications to third-party suppliers, and we have not authorized any other manufacturer or distributor to produce or sell McNeilus replacement parts under any designation implying McNeilus approval or compatibility.
We are aware that other parts suppliers may represent themselves as authorized sources of McNeilus parts or claim authorization to manufacture replacement components. We strongly advise purchasing agencies and fleet managers to verify dealer authorization directly with McNeilus Truck and Manufacturing before completing any parts procurement.
If you have any questions regarding the identification of an authorized McNeilus dealer, or to verify Haaker Equipment Company’s status, please contact McNeilus Truck and Manufacturing at (507) 374-6321. We are happy to assist.
Sincerely,
Lee Dreas
Vice President and General Manager
McNeilus Truck and Manufacturing
786
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0865 Agenda Date: 6/15/2026 Agenda #: 24.
Agenda Item Wording:
Purchase of two 1-ton trucks- Approve the purchase of two 2026 Dodge Ram 3500 trucks from Haddad Dodge in the amount of $153,595.31 from the Vehicle Replacement Fund.
Agenda Date: 06/15/2026
Prepared by:
Danny Galindo, Public Works Manager, [email protected] , 713-4186 Nick Bartsch, Public Works Director, [email protected] ,713-4052 Department Recommendation: Staff recommends that City Council approve the purchase of two 2026 Dodge Ram 3500 trucks from Haddad Dodge in the amount of $153,595.31 from the Vehicle Replacement Fund.
Summary:
Staff recommends the replacement of two 1-ton Streets Maintenance Division vehicles with two 2026 Dodge Ram 3500 trucks. The lowest responsive quote was received from Haddad Dodge in the amount of $153,595.31. These purchases will replace two aging Ford F-350 trucks that have reached the end of their service life and are experiencing increasing maintenance needs.
Background Discussion:
The vehicles being replaced are a 2003 Ford F-350 with 92,059 miles and a 2004 Ford F-350 with 85,572 miles. Both units have experienced significant mechanical issues over the past several years.
Following a recent assessment, staff determined that both vehicles are in poor condition. Given the age and condition of the vehicles, continued investment in repairs is no longer recommended.
To date, the lifetime maintenance and repair costs total approximately $137,171 for Unit 314955 and $119,725 for Unit 314956, demonstrating the increasing expense associated with keeping these vehicles operational.
These trucks are essential to the Street Maintenance Division and are regularly used for ongoing street maintenance operations. Due to their operational importance and rising repair costs, staff recommends replacing the vehicles to maintain operational efficiency and avoid further escalating maintenance expenses.
Staff is requesting a purchasing exception to allow this procurement to proceed without a formal public bidding process. The formal bidding process requires an estimated three months to complete.
Due to current market conditions and vehicle availability, dealers are unable to guarantee pricing or hold vehicle inventory for the duration of the formal bid process. As a result, pursuing a formal bid process can delay procurement and increase the risk of higher costs or the loss of available inventory. To ensure timely acquisition and maintain competitive pricing, staff obtained three Visalia City Council Page 1 of 2 Printed on 6/12/2026
powered by Legistar™787
File #: 25-0865 Agenda Date: 6/15/2026 Agenda #: 24.
competitive quotes as follows and recommends proceeding with the lowest responsive quote.
1. Haddad Dodge - $153,595.31
2. Jim Manning Dodge - $198,860.84
3. PB Loader - $273,958.42
Fiscal Impact including annual maintenance and operating costs:
A total of $189,000 is budgeted for the replacement of two 1-ton trucks within CIP No. VH0212.
Funding for these replacements is from the Vehicle Replacement Fund.
Prior Council Action: None
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):
I motion to approve the purchase of two 2026 Dodge Ram 3500 trucks from Haddad Dodge in the amount of $153,595.31.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments:
Haddad Dodge Quote
Specs
Vehicle Purchase Authorization Form
Cost Analysis
Vehicle Evaluation
Click or tap here to enter text.
Strategic Goal:
☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 2 of 2 Printed on 6/12/2026
powered by Legistar™788
789
790
791
792
793
794
795
796
797
798
799
800
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0866 Agenda Date: 6/15/2026 Agenda #: 25.
Agenda Item Wording:
Notice of Completion - Request authorization to file a notice of completion for Elliott Subdivision Phase 1, located along the west side of Roeben Street, approximately 650 feet south of Tulare Ave.
Agenda Date: 06/15/2026
Prepared by:
Luqman Ragabi, Associate Engineer, [email protected], 559-713-4362 Jason Huckleberry, Engineering & Building Department Director, [email protected], (559) 713-4495
Department Recommendation: Staff recommends that City Council authorize the filing of a notice of completion for Elliott Subdivision phase 1.
Summary:
All of the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer. Elliott Phase 1 subdivision was developed by San Joaquin Valley Homes and contains 83 single family residential lots.
Background Discussion:
The City Council authorized the recording of the final map for Elliott Subdivision Phase 1 on July 21, 2025. All bonds and cash payments as identified in the subdivision agreement, were received by the city at that time. As required by the subdivision ordinance, a maintenance bond valued at 10% of the cost of the public improvements has been submitted prior to recording of the notice of completion.
The maintenance bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement.
Fiscal Impact including annual maintenance and operating costs: By authorizing this notice of completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.
Prior Council Action: On July 21, 2025 council authorized the recordation Elliott Subdivison phase 1map, and the formation and assessment of Landscape and Lighting District 25-07 “Elliott Subdivision”.
Alternatives: No alternatives are provided.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the filing of a notice of completion for Elliott Subdivision phase 1.
Visalia City Council Page 1 of 2 Printed on 6/12/2026
powered by Legistar™801
File #: 25-0866 Agenda Date: 6/15/2026 Agenda #: 25.
Environmental Assessment Status: Complete
CEQA Review: Complete
Deadline for Action: N/A
Attachments:
1. Aerial Map
2. Final Map
3. Development Disclosure
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 Page 2 of 2 Printed on 6/12/2026
powered by Legistar™802
1322.55' (1322.55')
N89° 59' 45"W 2645.09' (N89° 59' 45"E 2645.09') ((S89° 59' 53"E 2645.09')) 1322.55' (1322.55')
N0° 09' 41"W 659.33' (N0° 09' 41"W 659.33')
N89° 59' 49"W 1322.32' (N89° 59' 49"W 1322.32')
N0° 08' 31"W 659.30'
N89° 59' 53"W 2644.20' (N89° 59' 53"W 2644.20') ((S89° 59' 56"E 2644.22')) N89° 59' 45"W 1172.53' (N89° 59' 45"W 1172.53')
N90°00'00"E 2643.30' ((N90°00'00"E 2643.36'))
N0° 08' 31"W 2637.22' (N0° 08' 31"W 2637.22') ((N0° 08' 16"W 2637.08')) N0° 09' 41"W 1266.66' (N0° 09' 41"W 1266.66')
OWNER'S STATEMENT
STATE OF CALIFORNIA/COUNTY OF TULARE
SIGNATURE
MY COMMISSION EXPIRES:
PRINCIPAL PLACE OF BUSINESS: COUNTY
ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC
PRINT NAME
COMMISSION NO.
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
PERSONALLY APPEARED, _______________________________________ WHO PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)
IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND
THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.
THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD
TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION
SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THAT THE CONSENT OF NO OTHER PERSON IS NECESSARY.
WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:
1. RIGHTS OF WAY FOR ROEBEN STREET, ROAD 92 (SHIRK ROAD), HOWARD AVENUE, JACQUES
STREET, FEEMSTER AVENUE, BLUEGRASS STREET, SAVANNAH STREET, MARCIN STREET,
DARTMOUTH AVENUE, IRIS AVENUE, AND WEST TULARE AVENUE
2. LOT A IN FEE TO THE CITY OF VISALIA FOR PARK AND OTHER PUBLIC PURPOSES
3. LOTS B, C, AND D IN FEE TO THE CITY OF VISALIA FOR LANDSCAPING, PUBLIC UTILITIES,
BLOCKWALLS, AND OTHER PUBLIC PURPOSES
4. PUBLIC UTILITY EASEMENTS TO THE CITY OF VISALIA FOR THE INSTALLATION AND
MAINTENANCE OF GAS LINES AND CONDUITS FOR ELECTRIC, WATER SERVICES, TELEVISION
AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT)
5. BLOCK WALL EASEMENTS TO THE CITY OF VISALIA FOR THE INSTALLATION AND
MAINTENANCE OF BLOCK WALLS, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "BWE" (BLOCK WALL
EASEMENT)
6. TEMPORARY STORM DRAINAGE BASIN EASEMENT OVER AND ACROSS LOTS 77, 78, 79, 80, 81, 82, AND 83 TO THE CITY OF VISALIA FOR STORM DRAIN PURPOSES
WE ALSO HEREBY RELINQUISH VEHICULAR INGRESS AND EGRESS RIGHTS TO THE PUBLIC STREETS AS SHOWN HEREON.
SJV HORIZONTAL, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: SJV HOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ITS SOLE MEMBER NAME: JOSEPH A. LEAL TITLE: AUTHORIZED REPRESENTATIVE DATE:
NOTARY ACKNOWLEDGEMENT
PREPARED BY:
FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
BOARD OF SUPERVISOR'S STATEMENT
CITY CLERK'S STATEMENT
RECORDER'S STATEMENT
SURVEYOR'S STATEMENT
CITY SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN
CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF SAN JOAQUIN VALLEY HOMES 2/21/24 AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF THE CHARACTER AND
OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED WITHIN ONE YEAR OF THE RECORDING OF THIS MAP AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
CLINTON J. CAUDLE P.L.S. 9849 DATE
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS
SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL OF THE PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP
ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.
MICHAEL E. LONG P.L.S. 6815 DATE
CITY SURVEYOR
THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THIS _______ DAY OF _____________________, 20______, AN ORDER WAS DULY AND REGULARLY MADE
AND ENTERED INTO APPROVING THIS MAP AND SUBDIVISION AND, ON BEHALF OF THE PUBLIC,
ACCEPTING SUBJECT TO IMPROVEMENT, THE PUBLIC STREETS, TEMPORARY STORM DRAIN BASIN EASEMENT, AND LOTS A, B, C, AND D; AND ACCEPTING THE PUBLIC UTILITY EASEMENTS, BLOCK WALL
EASEMENTS, ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN AND/OR STATED UPON THE MAP.
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA, THIS DAY OF , 20 .
LESLIE B. CAVIGLIA
CITY MANAGER/CITY CLERK
BY: CHIEF DEPUTY CITY CLERK
I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO HEREBY STATE THE SAID BOARD OF
SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DATED THIS DAY OF , 20 .
JASON T. BRITT
COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS BY:
DEPUTY CLERK
DOCUMENT NO. FEE PAID
FILED THIS DAY OF ,20 , AT M.,
IN VOLUME OF MAPS, AT PAGE TULARE COUNTY RECORDS, AT THE REQUEST OF 4 CREEKS, INC.
TARA K FREITAS, CPA, TULARE COUNTY ASSESSOR/CLERK-RECORDER BY:
DEPUTY
SHEET 1 OF 4
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT
ALL THE REAL PROPERTY INCLUDED IN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP IS INCLUDED IN “ASSESSMENT DISTRICT NO. _____, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA,” ESTABLISHED PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972.
FLOOD HAZARD ZONE
AS DELINEATED ON TEH FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP (MAP NUMBER 06107C0928E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA, EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIES
PARTIALLY WITH ZONE AE, WHICH ARE SPECIAL FLOOD HAZARDS AREAS SUBJECT TO INUNDATION NY THE 1% ANNUAL CHANCE FLOOD WITH BASE FLOOD ELEVATIONS DETERMINED AND PARTIALLY WITH ZONE X (SHADED), WHICH ARE AREAS OF 0.2-PERCENT ANNUAL CHANCE FLOODING, THE 1% ANNUAL CHANCE FLOODPLAIN BOUNDARY, BASE FLOOD ELEVATION LINES
AND VALUES AND THE CALCULATED MINIMUM FINISHED FLOOR ELEVATIONS ARE SHOWN FOR THE PORTIONS OF THIS MAP THAT LIE WITHIN THE SPECIAL FLOOD HAZARD AREA.
NORTH
CITY OF
VISALIA, CA
CITY PLANNER'S STATEMENT
I HEREBY STATE THAT THIS FINAL MAP CONFORMS TO THE TENTATIVE SUBDIVISION MAP #5597
APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON 07/22/2024.
BY: PAUL BERNAL, DATE
PLANNING AND COMMUNITY PRESERVATION DIRECTOR/CITY PLANNER
THE LAND BEING SUBDIVIDED BY THIS MAP IS SITUATED IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING THE OFFICIAL GOVERNMENT TOWNSHIP PLATS THEREOF.
PARCEL 1 OF LOT LINE ADJUSTMENT NO. PLA 24-010. RECORDED 11/26/2024, GRANT DEED DOC. NO.2024-0059887, OF OFFICIAL
TULARE COUNTY RECORDS
ELLIOTT SUBDIVISION
PHASE 1
BASIS OF BEARINGS
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, T. 18 S., R 24 E., M.D.B.&M., TAKEN AS N90°00'00"E AS PER SAVANNAH HEIGHTS UNIT TWO RECORDED IN BOOK 37, OF MAPS, PAGE 4, TCR LEGEND
( )
RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-010,
PERFECTED BY GRANT DEED RECORDED 11/26/2024 AS DOC.
NO. 2024-0059887, O.R .
RECORDED DATA PER SAVANNAH HEIGHTS UNIT TWO VOLUME 37
OF MAPS, PAGE 4, TCR
FOUND MONUMENT AND ACCEPTED AS DESCRIBED
N0° 10' 51"W 52.00'
(N0° 10' 51"E 52.00')
N0° 10' 51"W 2637.41' (N0° 10' 51"W 2637.41') ((N0° 10' 31"W 2637.18')) W1/4 COR. OF SEC. 34-18/24
FOUND TC COR. PER PM NO. 4334 REC.
BK. 44, OF PARCEL MAPS, PG 38, TCR
CTR. COR. OF SEC. 34-18/24
FOUND BRASS DISC, NO STAMPING
AT POSITION OF NAIL WITH OFFSETS
BK 35, OF MAPS, PG 6, TCR
SW COR. OF SEC. 34-18/24
FOUND BRASS DISC WITH CENTER PUNCH, NO IDENTIFICATION
MARKINGS PER PM NO. 4334 REC. BK. 44, OF PARCEL MAPS, PG 38, TCR S 1/4 COR. OF SEC. 34-18/24
FOUND NAIL WITH 2 FOOT OFFSETS AT THE POSITION
OF THE BRASS DISC TAGGED RCE 15310
PER PM NO. 4334
1318.70' (1318.70') ((1318.59'))
HWY 198 HWY 198 SHIRK ROAD ROEBEN STREET
TULARE COUNTY
CITY OF VISALIA
CITY OF VISALIA
AKERS STREET
1318.70' (1318.70')
1318.61' (1318.61')
NORTH
CITY OF
VISALIA, CA
VICINITY MAP
NO SCALE
BOUNDARY MAP
1172.10' (1172.10') 1452.10' (1452.10')
CITY LIMITS
CITY LIMITS
FLOOD ZONE X FLOOD ZONE AE PARCEL 2 OF LOT LINE ADJUSTMENT NO. PLA 24-010 GRANT DEED DOC. NO. 2024-0059884, O.R.
SUBJECT PROPERTY
FLOOD ZONE X
FLOOD ZONE AE
BASIS OF BEARINGS
1266.70' (1266.70')
PRELIMINARY
20' PUBLIC HIGHWAY TO
TULARE COUNTY REC.
02/09/1923 BK 6 PG 307, O.R.
VERTICAL DATUM NOTE: BASE FLOOD ELEVATION VALUES SHOWN ON THIS MAP ARE CONVERTED FROM THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) TO THE CITY OF VISALIA DATUM BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD 29) USING THE CONVERSION FACTOR OF 2.73 ESTABLISHED IN FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE STUDY DATED JUNE 16, 2009. THE CONVERSION FACTOR OF 2.73 IS SUBTRACTED FROM THE NAVD 88 VALUE TO OBTAIN THE EQUIVALENT NGVD 29 VALUE.
TULARE AVENUE
SCALE: 1" = 250'
250' 250'
PORTION PARCEL 2
((1318.54'))
8 PM 37
1302.32'
ROAD 92 (SHIRK RD) ((1318.59'))
(( ))
EASEMENTS AND AGREEMENTS
THAT AFFECT SUBJECT PROPERTY
PERSIAN DITCH COMPANY EASEMENT FOR DITCH PURPOSES IN FAVOR OF PERSIAN DITCH COMPANY, RECORDED 11/16/1895, BK 73, OF DEEDS, PG 357, OFFICIAL RECORDS (EXACT LOCATION AND EXTENT IS NOT DISCLOSED OF RECORDS) WATSON DITCH COMPANY EASEMENT FOR DITCH PURPOSES IN FAVOR OF WATSON DITCH COMPANY, REC. BK. 116, OF DEEDS, PG 311, OFFICIAL RECORDS (BLANKET EASEMENT OVER W1/2 SE4 & E1/2 SW4 SEC. 34-18/24) WATSON DITCH COMPANY EASEMENT FOR DITCH PURPOSE REC. IN 10/04/1911 BK190, OF DEEDS, PG 169, OFFICIAL RECORDS (AMBIGUOUS WRITING UNABLE TO DRAFT ACCURATELY)
SOUTHERN CALIFORNIA EDISON COMPANY FOR PUBLIC UTILITIES REC. 07/17/1970 BK 2904, PG 111, OF OFFICIAL RECORDS (EASEMENT AFFECTING PHASE 2 OF PROPERTY)
1 2
20' PUBLIC HIGHWAY TO
TULARE COUNTY REC.
08/04/1899 BK 6 PG 292, O.R.
20'
50' DITCH EASMT. TO WATSON DITCH AND PERSIAN
DITCH CO.'S REC. 04/18/1990 DOC. NO. 23902 & 23903 O.R. 20'
ROEBEN STREET
3 4
TSM 5597
CITY LIMITS
TEMPORARY BUILDING RESTRICTIONS NOTE: LOTS 77 THROUGH 83 ARE
SUBJECT TO TEMPORARY BUILDING RESTRICTION AS SET OUT IN
DECLARATION OF TEMPORARY BUILDING RESTRICTIONS, RECORDED ______________, 20___, AS FILE NO. 20___ -_________________.
LOTS 77 THROUGH 83 CONTAIN A TEMPORARY STORM DRAINAGE BASIN
INTENDED TO SERVE THE DRAINAGE NEEDS OF THE PUBLIC STREETS AND LOTS WITHIN THE SUBDIVISION. A TEMPORARY STORM DRAINAGE EASEMENT OVER LOTS 77 THROUGH 83 IS GRANTED TO THE CITY OF VISALIA. THE CITY'S RECORDING OF THE CANCELLATION OF THE ABOVE
REFERENCED DECLARATION OF TEMPORARY BUILDING RESTRICTIONS
WILL SERVE AS THE CITY'S ABANDONMENT OF THE TEMPORARY STORM DRAIN EASEMENT.
803
22.00'
22.00'
N89° 59' 49"W 1,322.32' (N89° 59' 49"W 1,322.32')
HOWARD AVENUE
FEEMSTER AVENUE BLUEGRASS STREET
JACQUES STREET
SAVANNAH STREET
N89° 59' 53"W 2,644.20' (N89° 59' 53"W 2,644.20') ((S89° 59' 56"E 2644.22')) N0° 00' 11"E 114.32'
N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.31'N0° 00' 11"E 114.31'N0° 00' 11"E 114.31'N0° 00' 11"E 114.31' N0° 00' 11"E 106.67'
N0° 00' 11"E 122.43'
770.99'
60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00'
60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 32.55' C6
C5 C4
C3
C1
C2
R4
R3
R2
R1
N89° 59' 49"W 885.84'
N0° 09' 41"W 370.00'
N89° 59' 49"W 1,038.67'
N0° 00' 11"E 515.00'
295.60' 295.70' 447.37' 145.00' 370.00'
295.60' 294.64'
215.60'
290.00'
215.60'
290.00'
214.73'
290.00'
215.62'
290.00'
272.55'
350.52'
469.38'
350.30'
105.00'
100.01'
105.00'
493.81'
65.00' 60.00' 60.00' 60.00' 65.00'
65.00' 60.00' 60.00' 60.00' 65.00'
117.80' 117.63'
117.80' 117.46'
117.80' 117.29'
117.80' 117.11'
107.80' 106.93'
55.00' 60.00' 60.00' 60.00' 55.00'
55.00' 60.00' 60.00' 60.00' 55.00'
107.80' 107.82'
107.80' 107.80'
117.80' 117.80'
117.80' 117.80'
117.80' 117.80'
117.80' 117.80'
107.80' 107.80'
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60' N89° 59' 49"W 234.91'
N89° 59' 49"W 235.09'
N89° 59' 49"W 235.26'
N89° 59' 49"W 235.43'
N0° 09' 41"W 310.00'
N0° 09' 41"W 310.00'
N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00' N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00'N0° 00' 11"E 115.00' 110.01'
55.00' 60.00' 60.00' 60.00' 60.00' 55.30'
62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 65.00' 65.00' 60.00' 60.00' 60.00' 60.00' 60.00' N0° 08' 31"W 659.30'
N44° 55' 50"E 21.17'
10.00'
60'
30'
60' 30'
30'
30'
60'
30'
30' 60'
30'
30'
30' 30'
60'
30' 30'
60'
30' 30'
60'
60'
30'
30'
62.00'
C9
N0° 00' 11"E 104.63'
N0° 00' 11"E 115.00'
S51° 20' 23"E (R)
N21° 54' 02"E (R)
N0° 09' 41"W 370.00'
30.00' 30.00'
145.00' 514.30'
20.00'
R5
R6
62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 62.00' 55.00' N44° 55' 15"E 14.12' N45° 04' 45"W 14.16'
N45° 04' 45"W 14.16' N44° 55' 15"E 14.12' N45° 04' 45"W 14.16' N45° 00' 11"E 14.14' N44° 55' 15"E 14.12' N44° 59' 49"W 14.14' N45° 00' 11"E 14.14' N45° 04' 45"W 15.00'
N44° 59' 49"W 15.00'
22' 20'
30'
42'
22' 20' 42'
N45° 00' 11"E 14.14' N44° 59' 49"W 14.14'
55.00' 55.00' 60.00' 60.00' 60.00'55.00' 60.00' 60.00' 60.00' 55.00' 659.30'
1302.32'
1452.10'
376.67'
10'
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE 6' PUE
6' PUE
6' PUE 6' PUE
6' PUE
6' PUE N45° 04' 10"W 21.14'
29 6747 sf
30 7130 sf
31 7130 sf
32 7130 sf
33 7130 sf
34 7130 sf
35 7130 sf
36 7130 sf
37 7425 sf
38 7607 sf
39 7068 sf
40 7068 sf
41 7068 sf
42 7607 sf
43 7607 sf
44 7068 sf
45 7068 sf
46 7068 sf
47 7607 sf
48 7607 sf
49 7068 sf
50 7068 sf
51 7068 sf
52 7607 sf
53 7556 sf
54 7032 sf
55 7042 sf
56 7053 sf
57 7602 sf
58 7425 sf
59 6900 sf
60 6900 sf
61 6900 sf
62 6900 sf
64 6439 sf 65
6787 sf
66 6859 sf
67 6859 sf
68 6859 sf
69 6859 sf
70 6859 sf
71 6859 sf
72 6859 sf
73 6859 sf 6859 sf
50' WIDE IRRIGATION DITCH IN FAVOR OF WATSON DITCH
FOR DITCH PURPOSES REC. 04/18/1990 DOC. NO. 23902 & COMPANY AND PERSIAN DITCH COMPANY 23903 O.R.
7.05'
14.12'
2' BWE
2' BWE
LOT A
4.165 acres
84'
84'
427.37'
2' BWE2' BWE2' BWE2' BWE
LOT B
1050 sf
63 6904 sf
2' BWE
2' BWE
2' BWE
30'
JACQUES STREET
HOWARD AVENUE
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
SHEET 2 OF 4
LEGEND
(R)
( )
TCR
THE LAND BEING SUBDIVIDED BY THIS MAP IS SITUATED IN THE CITY OF VISALIA,
COUNTY OF TULARE, STATE OF CALIFORNIA
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING THE OFFICIAL GOVERNMENT TOWNSHIP PLATS THEREOF.
ELLIOTT SUBDIVISION
PHASE 1
O.R.
PUE
BWE
BASIS OF BEARINGS
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, T. 18 S., R 24 E., M.D.B.&M., TAKEN AS N90°00'00"E AS PER SAVANNAH HEIGHTS UNIT TWO RECORDED IN BOOK 37, OF MAPS, PAGE 4, 60' 60' TCR
CTR. COR. OF SEC. 34-18/24
FOUND BRASS DISC
AT POSITION OF NAIL WITH OFFSETS BK 35, OF MAPS, PG 6, TCR S1/4 COR. OF SEC. 34-18/24 FOUND NAIL WITH 2 FOOT OFFSET AT THE POSITION OF THE BRASS DISC TAGGED RCE 15310 PER PM NO. 4334 TYPICAL 5' WITNESS CORNERS AT LOT ANGLE POINTS
WHEN UNABLE TO PLACE ALONG LOT SIDELINES
1318.61' 659.30'
ROEBEN STREET
G.D.
5'
5'
5'
LOT
STREET
SCALE: 1" = 60'
N0° 08' 31"W 2637.22' (N0° 08' 31"W 2637.22') ((N0° 08' 07"W 2637.08')) 20' WIDE IN FAVOR OF TULARE
COUNTY FOR PUBLIC HIGHWAY
PER GRANT DEED 02/09/1923
REC. BK 6 PG 307, O.R.
PORTION PARCEL 2
8 PM 37
DARTHMOUTH AVENUE
FOUND MONUMENT AND ACCEPTED AS DESCRIBED
SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849"
(FRONT LOTS DOWN 12", BACK LOTS DOWN 9")
SET BRASS DISC FLUSH IN CONC. STAMPED "PLS 9849"
SET 3/4" IRON PIPE 9 IN DOWN DEEP WITH PLASTIC TAGGED "PLS 9849"
5.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE
TULARE COUNTY RECORDS
OFFICIAL RECORDS
RADIAL BEARING
GRANT DEED
BASE FLOOD ELEVATION
(( ))
2' BWE
SHADED LINE INDICATES SUBDIVISION BOUNDARY
PUBLIC UTILITY EASEMENT
BLOCK WALL EASEMENT
RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-010,
PERFECTED BY GRANT DEED RECORDED 11/26/2024 AS DOC. NO. 2024-0059887, O.R .
RECORDED DATA PER SAVANNAH HEIGHTS UNIT TWO VOLUME 37
OF MAPS, PAGE 4, TCR
VEHICULAR ACCESS RIGHTS RELINQUISHED PER THIS MAP
20' 42'
84'
SEE SHEET 4 FOR RADIAL
AND CURVE TABLE
NOTE:
SEARCHED FOR BUT NOTHING FOUND
SEARCHED FOR BUT NOTHING FOUND
N89° 59' 53"W 2,644.20' (N89° 59' 53"W 2,644.20') ((S89° 59' 56"E 2644.22')) BFE
TSM 5597
22'
804
78 6651 sf 79
10450 sf
80 9947 sf
81 6099 sf
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60'
N89° 59' 49"W 235.60'
N89° 59' 49"W 230.20'
18.00'
60.00'
18.44'
N89° 59' 49"W 1,038.67'
N45° 04' 43"W 14.16'
N44° 55' 17"E 14.12'
N89° 59' 49"W 1,322.32' (N89° 59' 49"W 1,322.32') SAVANNAH STREET
SAVANNAH STREET
FEEMSTER AVENUE
MARCIN STREET
N0° 00' 11"E 114.32'
770.99'
N89° 59' 49"W 885.84'
290.00'
117.80'
117.80'
117.80'
117.80'
N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.32'N0° 00' 11"E 114.32' N0° 00' 11"E 103.21'
N46° 03' 41"E 162.96'
N89° 50' 19"E 97.63'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 59' 45"W 138.00'
215.33'
153.43' 60.00' 60.00' 60.00' 60.00' 60.00'
144.34' 60.00' 60.00' 65.31' 30.00' 30.00' 65.00' 62.00' 62.00' 63.00'
60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 55.00'
30.00'
60.00' 60.00'
60.00' 60.00' 60.00' 60.00' 65.00'
117.80' 148.52' 62.00'
107.80' 107.80'
C15
C21
C20
C19
C18 C17
C16
C9
C7
C14
C11
C10
C12
N89° 59' 49"W 117.80'
N89° 59' 49"W 117.80' N49° 30' 19"W 150.84'
N0° 00' 11"E 104.63'
N0° 00' 11"E 115.00'
117.80' 117.80'
117.80' 117.80'
117.80' 117.80'
117.80' 117.80'
117.80' 112.40'
N11° 26' 30"W (R)
4.81'
S57° 52' 39"E (R)
S5° 47' 37"E (R)
N36° 22' 42"E (R)
S78° 33' 00"W (R)
N0° 09' 41"W 370.00'
R9
R10
R11
R12
R5
R6
R7
R8
N0° 09' 41"W 485.00'
272.42'
475.00'
98.00'
98.00'
55.00' 60.00'
3.01'
60.00' 60.00' 60.00' 60.00' 55.00' 60.00' 60.00' 60.00' 37.42' 215.60'
55.31' 62.00' 62.00' 63.00'
N44° 55' 15"E 14.12'
N45° 04' 45"W 14.16' N44° 55' 15"E 14.12' N45° 04' 45"W 14.16'
60.00'
60.00'
N44° 55' 15"E 15.00'
30' 30'
60' 30'
30'
60'
30' 30'
60' 30'
30'
60'
30' 30'
C8
55.00' 60.00' 60.00' 60.00' 55.00'
N0° 09' 41"W 370.00'
552.00' 118.01'
632.00'
N0° 09' 41"W 1,174.33'
295.60'
N0° 09' 41"W 1,266.66' (N0° 09' 41"W 1,266.66')
1302.32'
1452.10'
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
150.00'
9 6480 sf
10 6804 sf
11 6696 sf
12 6696 sf
13 6987 sf
14 7068 sf
15 7068 sf
16 7068 sf
17 7068 sf
18 7068 sf
19 7068 sf
20 7068 sf
21 7607 sf
22 7607 sf
23 7068 sf
24 7068 sf
25 7068 sf
26 7028 sf
28 12866 sf 29
6747 sf
7607 sf
7068 sf
7068 sf
7068 sf
7607 sf
73 6859 sf
74 6859 sf
75 6859 sf
76 6859 sf
77 6859 sf
82 6480 sf
83 6987 sf
27 11262 sf
N89° 59' 53"W 2,644.20' (N89° 59' 53"W 2,644.20') ((S89° 59' 56"E 2644.22')) 2' BWE
2' BWE
2' BWE
2' BWE
30'
MARCIN STREET
AVENUE
DARTMOUTH
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
SHEET 3 OF 4
THE LAND BEING SUBDIVIDED BY THIS MAP IS SITUATED IN THE CITY OF VISALIA,
COUNTY OF TULARE, STATE OF CALIFORNIA
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING THE OFFICIAL GOVERNMENT TOWNSHIP PLATS THEREOF.
ELLIOTT SUBDIVISION
PHASE 1
60' 60'
NO SCALE
DETAIL 'A'
C8C11
C12
C13
C14
LOT 27
LOT 26
N89° 59' 49"W 112.40
R7
S62° 58' 11"W (R)
HOWARD AVENUE
SAVANNAH STREET
PARCEL 2 OF LOT LINE ADJUSTMENT NO. PLA 24-010, GRANT DEED DOC. NO. 2024-0059884, O.R.
TYPICAL 5' WITNESS CORNERS AT LOT ANGLE POINTS
WHEN UNABLE TO PLACE ALONG LOT SIDELINES
5'
5'
5'
LOT
STREET
SCALE: 1" = 60'
6' PUE
SEE DETAIL 'A'
BASIS OF BEARINGS
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, T. 18 S., R 24 E., M.D.B.&M., TAKEN AS N90°00'00"E AS PER SAVANNAH HEIGHTS UNIT TWO RECORDED IN BOOK 37, OF MAPS, PAGE 4, TCR LEGEND
(R)
( )
TCR
O.R.
PUE
BWE
G.D.
FOUND MONUMENT AND ACCEPTED AS DESCRIBED
SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849"
(FRONT LOTS DOWN 12", BACK LOTS DOWN 9")
SET BRASS DISC FLUSH IN CONC. STAMPED "PLS 9849"
SET 3/4" IRON PIPE 9 IN DOWN DEEP WITH PLASTIC TAGGED "PLS 9849"
5.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE
TULARE COUNTY RECORDS
OFFICIAL RECORDS
RADIAL BEARING
GRANT DEED
BASE FLOOD ELEVATION
(( ))
SHADED LINE INDICATES SUBDIVISION BOUNDARY
PUBLIC UTILITY EASEMENT
BLOCK WALL EASEMENT
RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-010,
PERFECTED BY GRANT DEED RECORDED 11/26/2024 AS DOC. NO. 2024-0059887, O.R .
RECORDED DATA PER SAVANNAH HEIGHTS UNIT TWO VOLUME 37 OF MAPS, PAGE 4, TCR
VEHICULAR ACCESS RIGHTS RELINQUISHED PER THIS MAP
TEMPORARY STORM DRAIN BASIN EASEMENT IN FAVOR OF CITY OF
VISALIA, PER THIS MAP
(SEE "TEMPORARY BUILDING RESTRICTIONS" NOTE ON SHEET 1) SEE SHEET 4 FOR RADIAL
AND CURVE TABLE
NOTE:
BFE
SEARCHED FOR BUT NOTHING FOUND
TSM 5597
805
693.60'
ORANGE
TC COR
18.00'
N44° 55' 17"E 14.12'
N0° 09' 41"W 659.33' (N0° 09' 41"W 659.33')
N89° 59' 45"W 1,322.55' (N89° 59' 45"W 1,322.55')
MARCIN STREET
WEST TULARE AVENUE
BFE 300.01'
BFE 300.01'
BFE 300.01'
BFE 300.01'
N45° 04' 43"W 14.16'
IRIS AVENUE
BFE 300.01'
N0° 09' 41"W 1,174.33'
N89° 59' 45"W 138.00'
632.00' 327.00'
230.08' 552.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
98.00'
98.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
N89° 50' 19"E 108.00'
60.00' 60.00' 60.00' 60.00' 69.69'
80.00' 60.00' 60.00' 60.00' 60.00'
55.31' 60.00' 60.00' 54.77'
60.00' 60.00' 60.00' 65.00' 30.00' 30.00'
42'
30' 12'
60' 30'
30'
42'
30' 12'
42' 42'
14.16'
6.97'
N45° 04' 43"W 21.14'
601.40'
525.32' 625.13'
502.00'
N53° 09' 48"W 16.68' N53° 53' 08"E 16.96'
58.00' N44° 54' 42"E 14.12' 10' 10'
52.00'
103.08'
12.00'
N89° 59' 45"W 1275.60'
1172.53'
N0° 09' 41"W 1,266.66' (N0° 09' 41"W 1,266.66')
6' PUE
6' PUE
6' PUE
6' PUE
2' BWE
LOT C
6133 sf
LOT D
5137 sf
1 6451 sf
2 6480 sf
3 6480 sf
4 6987 sf
7 6480 sf
8 6480 sf
9 6480 sf
6 6480 sf
5 8573 sf
20' EASE. FOR PUBLIC HIGHWAY PURPOSE IN FAVOR OF COUNTY OF TULARE REC. BK 6 OF RIGHTS OF WAY PG 292 OFFICIAL RECORDS
MARCIN STREET
33.63'
616.95'
N0°10'51"W 52.00' 33.52'
CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
DELTA
27°20'23"
144°40'45"
65°59'49"
73°14'25"
5°26'31"
27°20'23"
27°21'30"
144°52'51"
38°48'10"
46°26'10"
59°38'31"
LENGTH
23.86'
131.31'
59.90'
66.47'
4.94'
23.86'
23.87'
131.49'
35.22'
42.14'
54.13'
RADIUS
50.00'
52.00'
52.00'
52.00'
52.00'
50.00'
50.00'
52.00'
52.00'
52.00'
52.00'
CURVE TABLE
CURVE #
C12
C13
C14
C15
C16
C17
C18
C19
C20
C21
DELTA
27°21'30"
0°29'21"
26°52'08"
27°19'16"
144°28'39"
21°31'27"
42°10'19"
42°10'19"
38°36'34"
27°19'16"
LENGTH
23.87'
0.43'
23.45'
23.84'
131.12'
19.53'
38.27'
38.27'
35.04'
23.84'
RADIUS
50.00'
50.00'
50.00'
50.00'
52.00'
52.00'
52.00'
52.00'
52.00'
50.00'
RADIAL TABLE
#
R1
R2
R3
R4
R5
R6
R7
R8
R9
R10
R11
R12
BEARING
S89° 59' 49"E
S62° 39' 48"W
S27° 20' 33"W
N0° 00' 11"E
S0° 00' 11"W
N27° 21' 40"E
S62° 28' 49"W
S89° 50' 19"W
S0° 00' 11"W
N27° 19' 05"W
N62° 50' 25"W
N89° 50' 19"E
PREPARED BY:
324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
SHEET 4 OF 4
THE LAND BEING SUBDIVIDED BY THIS MAP IS SITUATED IN THE CITY OF VISALIA,
COUNTY OF TULARE, STATE OF CALIFORNIA
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING THE OFFICIAL GOVERNMENT TOWNSHIP PLATS THEREOF.
ELLIOTT SUBDIVISION
PHASE 1
60' 60'
N0° 10' 51"W 2637.41' (N0° 10' 51"W 2637.41') ((N0° 10' 31"W 2637.18')) W1/4 COR. OF SEC. 34-18/24
FOUND TC COR. PER PM NO. 4334 REC.
BK. 44, OF PARCEL MAPS, PG 38, TCR
SW COR. OF SEC. 34-18/24
FOUND BRASS DISC WITH CENTER
PUNCH, NO IDENTIFICATION MARKINGS
PER PM NO. 4334 REC. BK. 44, OF PARCEL
MAPS, PG 38, TCR
20' RIGHT OF WAY PER
VOL 6, OF RIGHTS OF
WAY, PG 292, TCR
5'
TYPICAL 5' WITNESS CORNERS AT LOT ANGLE POINTS
WHEN UNABLE TO PLACE ALONG LOT SIDELINES
5'
5'
LOT
STREET
PARCEL 2 OF LOT LINE ADJUSTMENT NO. PLA 24-010, GRANT DEED DOC. NO. 2024-0059884, O.R.
BFE 300.00'
ROAD 92
FLOOD ZONE X
FLOOD ZONE AE
FLOOD ZONE AE
FLOOD ZONE X
SHIRK ROAD
FLOOD ZONE X
FLOOD ZONE AE
SCALE: 1" = 60'
BASIS OF BEARINGS
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, T. 18 S., R 24 E., M.D.B.&M., TAKEN AS N90°00'00"E AS PER SAVANNAH HEIGHTS UNIT TWO RECORDED IN BOOK 37, OF MAPS, PAGE 4, TCR
LEGEND
(R)
( )
TCR
O.R.
PUE
BWE
G.D.
FOUND MONUMENT AND ACCEPTED AS DESCRIBED
SET 3/4" IRON PIPE WITH PLASTIC CAP TAGGED "PLS 9849"
(FRONT LOTS DOWN 12", BACK LOTS DOWN 9")
SET BRASS DISC FLUSH IN CONC. STAMPED "PLS 9849"
SET 3/4" IRON PIPE 9 IN DOWN DEEP WITH PLASTIC TAGGED "PLS 9849"
5.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE
TULARE COUNTY RECORDS
OFFICIAL RECORDS
RADIAL BEARING
GRANT DEED
BASE FLOOD ELEVATION
(( ))
SHADED LINE INDICATES SUBDIVISION BOUNDARY
PUBLIC UTILITY EASEMENT
BLOCK WALL EASEMENT
RECORD DATA PER LOT LINE ADJUSTMENT NO. PLA 24-010,
PERFECTED BY GRANT DEED RECORDED 11/26/2024 AS DOC. NO. 2024-0059887, O.R.
RECORDED DATA PER SAVANNAH HEIGHTS UNIT TWO VOLUME 37
OF MAPS, PAGE 4, TCR
VEHICULAR ACCESS RIGHTS RELINQUISHED PER THIS MAP
BFE
TSM 5597
2585.41'
806
807
CITY OF VISALIA
Disclosure Development Project
NOTICE OF COMPLETION
INCOMPLETE OR LATE SUBMISSION OF DISCLOSURE STATEMENT COULD RESULT IN CONTINUANCE OR DELAY OF YOUR PROJECT.
Addregs or APN(5); 1500 block of South Roeben Street and 6100 block of West Howard Avenue Short Title or Name of proposed project: ElliOt subdiViSion) Phase 1 Summary description ofthe proposed project: 83 10$, SFD deVelOPment lfmore than two developers. please provide information and signature(s) on a separate sheet.
Name (print) San Ioaquin Valley Homes, Inc. Name (print) Mailing Address 5607 Avenida De Los Robles, Visalia Mailing Address California 93291
Phone (559)732-2660 Phone
Statement: I/We declare under penalty of perjury that I ant/we are the de\'elopers(s) of the property per the executed Subdivision Agreement with the City of Visalia. I/We authorize the person named in this application as the Project Main Contact to act as my/our representative with City Staff regarding the proce ing oft’ lication.
May, II, 2026
Date Dev,
o
.0
Sean Martinez, Superintendent of Land Development
Print Name & Title
Date Developer Signature
Print Name & Title
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
List the names of all principals, partners, and/or trustees where any property owner and/or developer/builder are a partnership or trust. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
palme1./O“.ner/Trustee: Joseph A. Leal, CEO, President — SIV Andalusia, LLC Arthur R. Merrill, RME - SIV Andalusia, LLC Partner/Owner/Trustee:
Partner/Owner/Trustee:
Paitner/Owner/Trustee:
Partner/Owner/Trustee:
Form Date. 8/9/07 Page I of!
h p
808
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0868 Agenda Date: 6/15/2026 Agenda #: 26.
Agenda Item Wording:
Approve a contract for City-wide apparel - Authorize the City Manager to award a City-wide apparel contract to Empire Printing, with the option to renew annually for four 1-year terms, in the amount not to exceed $25,000 annually and $125,000 over 5 years.
Agenda Date: 06/15/2026
Prepared by: Jason Serpa, Public Works Manager, 713-4533, [email protected]; Nick Bartsch, Public Works Director, 713-4052, [email protected] Department Recommendation: Staff recommends Council authorize the City Manager to award a City-wide apparel contract to Empire Printing, LLC, with the option to renew annually for four 1-year terms, in the amount not to exceed $25,000 annually and $125,000 over 5 years.
Summary:
Since establishing a new City brand and logo, City staff have procured various types of apparel to represent the City at special functions, activities, or for use on casual days at City offices. It was quickly determined that a centralized and streamlined way to obtain City apparel would benefit City staff by providing a consistent look throughout City offices that would portray a united appearance and equal quality.
While two of the bidders were from Visalia, the 5% local preference was applied but did not change the outcome of the lowest bidder.
Background Discussion:
Staff feel that a standardized approach to apparel procurement helps ensure that all employees have access to consistent, high-quality items that accurately reflect the City's visual identity and professional image. Centralizing the process also promotes uniformity in branding across departments, creating a cohesive and recognizable presence when City representatives interact with residents, businesses, partner agencies, and other stakeholders. This unified appearance reinforces the City's brand, fosters a sense of organizational pride among employees, and demonstrates professionalism in both formal and informal settings.
In addition, a coordinated apparel program can improve administrative efficiency by reducing duplicate purchasing efforts, ensuring compliance with branding standards, and leveraging economies of scale to obtain better pricing and quality. By providing staff with a reliable and convenient method for obtaining approved City apparel, the City can maintain a consistent appearance throughout its offices and at public-facing events while supporting employee engagement and organizational unity.
Fiscal Impact including annual maintenance and operating costs:
On February 27, 2026, RFB No. 25-26-19 was advertised for bids for an annual contract for cityVisalia City Council Page 1 of 4 Printed on 6/12/2026 powered by Legistar™809
File #: 25-0868 Agenda Date: 6/15/2026 Agenda #: 26.
On February 27, 2026, RFB No. 25-26-19 was advertised for bids for an annual contract for citybranded custom apparel for various departments within the City of Visalia. This bid was closed on March 25, 2026, a total of 4 (four) bids were received, with the apparent low bidder as Empire Printing, LLC of Springfield, MO. Staff then conducted reference checks and ensured that the bid was correct. The bid amounts were as follows:
Polo Shirt (per bid specs) Sua Sponte
Quality
Printing Print Theory
Empire
Printing
Small Order (Under 50) $ 28.00 $ 34.29 $ 42.50 $ 34.15
Large Order (50 or more) $ 27.00 $ 29.21 $ 39.98 $ 34.15 Additional Cost (if any) for sizes 2XL and larger (per item) $ 4.00 $ 3.00 $ 3.00 $ 3.00 Additional Cost (if any) for embroidery of Dept Name $ 2.00 $ 7.00 $ 3.50 $ - T Shirt Short Sleeved (per bid specs)
Small Order (Under 50) $ 9.25 $ 12.00 $ 9.72 $ 5.74
Large Order (50 or more) $ 6.99 $ 8.97 $ 9.25 $ 5.74
Additional Cost (if any) for sizes 2XL and larger (per item) $ 4.00 $ 7.00 $ 3.00 $ 3.00 Additional Cost (if any) for screen-printed Dept Name $ 3.00 $ 7.50 $ - $ - T Shirt Long Sleeved (per bid specs)
Small Order (Under 50) $ 10.99 $ 15.57 $ 16.15 $ 9.13
Large Order (50 or more) $ 8.75 $ 12.40 $ 15.25 $ 9.13
Additional Cost (if any) for sizes 2XL and larger (per item) $ 2.00 $ 2.00 $ 3.00 $ 3.00 Additional Cost (if any) for screen-printed Dept Name $ 3.00 $ 7.00 $ - $ - Snapback Hat (per bid specs)
Small Order (Under 50) $ 17.99 $ 20.61 $ 19.50 $ 12.03
Large Order (50 or more) $ 15.99 $ 16.76 $ 18.50 $ 12.03 Additional Cost (if any) for embroidery of Dept Name $ 2.00 $ 7.00 $ 3.50 $ - Subtotal $ 144.96 $ 190.31 $ 186.85 $ 131.10
Sales Tax (8.5%) $ 12.32 $ 17.88 $ 15.88 $ 11.14
Total Bid Price $ 157.28 $ 208.19 $ 202.73 $ 142.24
To estimate the amount needed annually, staff gathered initial order counts from each department.
From there, estimated annual amounts were used along with the quoted item costs for the additional need per year to account for new hires, special events, or future miscellaneous needs. The total amounts estimated and their attributable annual costs as seen in the figure below calculated an estimated total contract need of $23,388.35, which staff used to extend the estimated not to exceed contract amount of $25,000. This not-to-exceed contract amount will initially have a 1-year term and able to be renewed annually for four consecutive years for a total not to exceed amount of $125,000 over 5 years.
Item Price per Each
Annual Estimated
Quantity Needed Total Cost
Polo Shirt (up to XL) $34.15 250 $8,537.50
Polo Shirt (2XL or larger) $37.15 100 $3,715.00
T-Shirt Short Sleeve (Up to XL) $5.74 150 $861.00
Visalia City Council Page 2 of 4 Printed on 6/12/2026
powered by Legistar™810
File #: 25-0868 Agenda Date: 6/15/2026 Agenda #: 26.
Item Price per Each
Annual Estimated
Quantity Needed Total Cost
Polo Shirt (up to XL) $34.15 250 $8,537.50
Polo Shirt (2XL or larger) $37.15 100 $3,715.00
T-Shirt Short Sleeve (Up to XL) $5.74 150 $861.00
T-Shirt Short Sleeve (2XL or larger) $8.74 50 $437.00
T-Shirt Long Sleeve (Up to XL) $9.13 150 $1,369.50
T-Shirt Long Sleeve (2XL or larger) $12.13 50 $606.50
Snapback Hat $12.03 350 $4,210.50
Subtotal $19,737.00
Sales Tax $1,677.65
Estimated Shipping $1,973.70
Total Estimated Annual Cost $23,388.35
Extended Annual Not to Exceed Contract Amount $25,000.00 Because many departments will be able to use the City-wide contract for apparel, each department will be responsible and adhere to department operating budget when procuring the included apparel.
Prior Council Action: N/A
Alternatives: To not award a City-wide apparel contract to Empire Printing, LLC and continue to procure City logo apparel through each department individually.
Recommended Motion (and Alternative Motions if expected):
I move that Council authorize the City Manager to award a City-wide apparel contract to Empire Printing, LLC, with the option to renew annually for four 1-year terms, in the amount not to exceed $25,000.00 annually and $125,000 over 5 years.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments: RFB 25-26-19, Annual Contract for City-Branded Custom Apparel Services, Contract - Empire Printing LLC, Levine Act Statement
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 Page 3 of 4 Printed on 6/12/2026
powered by Legistar™811
File #: 25-0868 Agenda Date: 6/15/2026 Agenda #: 26.
☐
Economic
Vitality
☒
Organizational
Excellence
☒
Fiscal
Strength
☐
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 4 of 4 Printed on 6/12/2026
powered by Legistar™812
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 25-26-19
ANNUAL CONTRACT FOR CITY-BRANDED CUSTOM APPAREL SERVICES
BIDS DUE NO LATER THAN 2:00 PM PT WEDNESDAY, MARCH 25, 2026 The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.
Ad Dates: February 27, 2026
March 3, 2026
813
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
Page ii
TABLE OF CONTENTS
I. DEFINITIONS.......................................................................................................................... 1 II. INTRODUCTION..................................................................................................................... 1 III. INSTRUCTIONS ..................................................................................................................... 1 IV. SCOPE OF SERVICES/PROJECT ........................................................................................ 3 V. PRE-BID AND BID MEETINGS.............................................................................................. 5 VI. BID OPENING AND CONFIDENTIALITY .............................................................................. 5 VII. AWARD................................................................................................................................... 6 VIII. PROTESTS/APPEALS........................................................................................................... 6 IX. SPECIAL CONDITIONS ......................................................................................................... 6 X. GENERAL CONDITIONS ....................................................................................................... 7 XI. POST AWARD RESPONSIBILITIES .................................................................................... 10
EXHIBITS
A. BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND
QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Non-Collusion Affidavit
B-2. Worker’s Compensation Insurance Certificate
B-3. Americans with Disabilities Act Compliance Certificate B-4. Ownership Disclosure/CA Levine Act Statement
B-5. Drug-Free Workplace Certificate
B-6. Iran Contracting Act Statement
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS
D. CITY OF VISALIA LOGO SAMPLES
E. CITY BRAND GUIDLINES
814
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
I. DEFINITIONS
For the purposes of RFB NO. 25-26-19, the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.
5. “RFB” means Request for Bid No.25-26-19.
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for city-branded custom apparel services for various departments throughout the City of Visalia.
The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods.
Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.
In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.
The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice.
Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.
Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.
815
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
III. INSTRUCTIONS
1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.
2. Cross out and initial mistakes in ink and place the correct response next to same.
3. Timely submit Bid in a sealed envelope addressed and marked as follows:
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: City-Branded Custom Apparel Services
RFB NO. 25-26-19
Deadline: 2:00 PM PT on Wednesday, March 25, 2026
Delivery of Bid: When sending a bid via Fed Ex, UPS, etc., it is the responsibility of the Bidder to ensure that Bid is received during open office hours. Office Hours are 7:30 am – 5:00 pm Monday through Thursday. We are closed on Fridays and major holidays. Bids are not delivered or received when office is closed.
The City utilizes an outside service for delivery and sorting incoming mail, and therefore, mailing a bid via U.S. Mail is not recommended as there could be a delay in receiving bids by the deadline. Bids must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.
Night Drop Box: If delivering a bid after hours, a Night Drop Box is located at Visalia City Hall, 707 W.
Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is labeled “Night Drop” and is located on the building across from the bicycle racks. The Night Drop Box should only be utilized if City Offices are Closed. The Night Drop Box is checked prior to the bid deadline.
4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.
5. Inquiries: All questions regarding this bid document must be directed to the Visalia Purchasing Department 559-713-4334. To prevent misinterpretations, all technical questions must be submitted in writing via email to [email protected] Deadline for submitting questions: no later than March 16, 2026. 816
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
IV. SCOPE OF SERVICES/REQUIREMENTS
I. Scope of Services Summary
The City of Visalia (City) seeks proposals from qualified vendors to provide City-branded custom apparel for City staff. The intent is to establish an annual contract under which the City may order apparel periodically, as needed.
The City intends to award this contract to a firm that directly performs the customized embroidery and screen-printing services described herein. The awarded contractor shall be responsible for procuring the required shirts and hats, as well as performing the embroidery and screen-printing services as required.
Firms acting as brokers, agents, or pass-through entities that subcontract production to multiple third parties will not be considered.
All items shall be produced by the same facility to ensure uniformity in color, style, and workmanship.
Orders shall be placed by email, and the awarded contractor shall acknowledge receipt of email within one (1) business day of receiving email. Contractor shall complete and deliver standard orders within two (2) to three (3) weeks from the date of receipt.
For large quantity orders exceeding one hundred (100) items, additional production time may be required.
In such cases, delivery shall be completed within a mutually agreed-upon, reasonable timeframe, which shall be communicated to and approved by the City at the time the order is placed.
II. General Requirements
• The City’s Brand Identity Guidelines are included with this RFP as Exhibit E. All apparel, artwork, and logo applications must strictly comply with these standards. Vendors shall review Exhibit E prior to submitting a proposal.
• The City will provide approved logo files to the awarded contractor (e.g., AI or EPS format) prior to production to ensure accurate color matching, sizing, and placement. • Pre-production physical samples shall be provided for City review and approval prior to the initial order, including confirmation of logo appearance, sizing, and placement. No production may begin without written City approval.
• The City will require a full range of adult apparel sizes. Vendors shall clearly identify any size limitations or unavailable sizes at the time of proposal. • The City shall retain full ownership and copyright to all City logos, artwork, and designs. No ownership rights or usage rights are transferred to the vendor. • Embroidered logos shall be stand-alone designs capable of being applied to multiple apparel styles and garment types, as selected by City staff.
• All quantities listed in the bid documents are estimates only and are provided solely for bid comparison purposes. The City makes no guarantee as to minimum or maximum purchase quantities.
817
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
ITEM #1 - Custom Polo Shirt with Embroidered City Logo
• Brand / Style: Tonix Venture Polo, Black Only (or approved equivalent) • Logo: City of Visalia logo (sample file attached)
• Available sizes: Adult S - 4XL
Embroidery Requirements:
• Placement: Left chest
• Stitch Count: Approximately 6,200 stitches
• Thread Colors: Six (6) total
• Logo Size: Final dimensions to be determined and approved through pre-production samples prior to the first order
Department Identification:
• Inclusion of the Department Name is optional and will be determined by individual departments at the time of order. Vendors shall be capable of producing apparel both with and without department name embroidery.
ITEM #2 - Custom T-Shirt with Screen-Printed City Logo
• Next Level 6210 CVC Short-sleeve T-Shirt (or approved equivalent) • Next Level 6211 CVC Long-sleeve T-Shirt (or approved equivalent) • Garment Style: Crew Neck
• Fabric: Cotton/Polyester blend
• Available Colors: Black, Blue, Green, Tan
• Logo: City of Visalia logo (sample files attached)
• Available sizes: Adult XS-6X
Screen Printing Requirements:
• Placement: Left chest
• Ink Colors: Single-color print
o Black logo on light-colored garments
o White logo on dark-colored garments
• Logo Size: Final dimensions to be determined and approved through pre-production samples prior to the first order.
Department Identification:
• Inclusion of the Department Name is optional and will be determined by individual departments at the time of order. Vendors shall be capable of producing apparel both with and without department name printing.
ITEM #3 - Custom Snap-Back Hat with Embroidered City Logo • Hat Style: Richardson 112+ R-Flex (or approved equivalent) • Available Colors: Black, Blue, Green, Tan (matching T-shirt colors listed above) • Logo: City of Visalia logo (sample file attached)
Embroidery Requirements:
• Placement: Center front panel
• Stitch Count: Approximately 6,200 stitches
818
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
• Thread Colors: Single-color embroidery (White or Black, depending on hat color) • Logo Size: To be determined and approved through pre-production samples prior to first order Department Identification:
• Optional inclusion of Department name. Vendors must be able to produce hats both with and without Department identification, based on individual Department preference.
Additional Apparel Purchases:
• In addition to the bid items listed in the Scope of Services, the City may order other types of apparel on an as-needed basis.
• Vendor Mark-up for additional apparel items shall not exceed 10%.
V. PRE-BID AND BID MEETINGS
1. Non-mandatory Pre-Bid Meeting. A non-mandatory pre-Bid meeting has been scheduled for March 10, 2026, at 10:00 AM at City Hall, 707 W. Acequia Ave., Visalia, CA. Attendance at this meeting is not required to submit a Bid in response to this RFB but is encouraged.
Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.
2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of receiving the fully-executed contract from the City to arrange this meeting (telephone meeting or in-person meeting).
City Project Manager: Jason Serpa
Department: Public Works Dept., Solid Waste Manager
VI. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Wednesday, March 25, 2026, at 2:00 PM PT at 707 W Acequia, Visalia, CA, City Hall.
The name of each Bidder and the amount of each Bid shall be summarized and open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.
2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
After the award, the City intends that its selection process will be open and public.
Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act. The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to 819
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.
VII. AWARD
1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.
2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts.
The following procedures shall apply in regard to appeals:
1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and
2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.
3. The City’s Purchasing Division shall have the authority to settle and resolve each protest.
The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.
4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.
IX. SPECIAL CONDITIONS
1. Product Issues
a. Complete Project. The successful Bidder shall be responsible for providing all materials, products, equipment, delivery and/or services necessary to fulfill the requirements of this RFB.
b. Product Inspection. The City will have ten (10) working days to inspect products for workmanship, appearance, and conformance to all other requirements of this specification. If deficiencies are detected, the item will be rejected and the vendor will be required to make necessary repairs, adjustments, or replacements. Payment and/or commencement of a discount period, if 820
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
applicable, will not be made until the defects are corrected and the product reinspected and accepted. c. Extra Work. Contractor is prohibited from doing extra work, unless authorized by the Project Manager Payment for approved Extra Work shall be as agreed to in writing.
2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, products and all questions related to the fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, their agents or employees. b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, products supplied by the Contractor shall be new and of a quality equal to that specified.
(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution. (3) Manufacturer’s Directions. Manufactured articles, materials and products shall be applied, and used as directed by the manufacturer.
3. Legal Responsibilities.
a. It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws, and ensure against discrimination.
X. GENERAL CONDITIONS
1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.
The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, disability, gender or religion in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance. 821
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.
2. Post-Closing Date Corrections are prohibited.
3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.
4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.
5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.
6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.
7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.
8. All Bids are the property of the City after submission.
9. City is not responsible for Bid errors and omissions.
10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.
11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.
12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.
13. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call 559-713-4326 for more information.
14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.
15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.
16. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.
17. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.
18. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment history and reputation. 822
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
19. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions and specifications (piggyback). The City of Visalia shall incur no responsibility in connection with another agency’s purchase.
20. Each Bidder, will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.
21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
22. Bidders shall satisfy themselves by personal examination of the specifications and other contract documents and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.
23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor may be required to submit Proposals on alternate items. The City reserves the right to award to the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.
24. Bid Form may specify a line item for sales tax. When the Bid Form does not contain a line item for sales tax and no mention is made in the Vendor Proposal of sales tax, use tax or any other tax, the Bid/Proposal total amount will be deemed and held to include any such taxes, which may be applicable.
25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.
26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.
27. The annual contract resulting from this invitation to bid will be administered by the Public Works Department. However, the City’s Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.
28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.
29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor 823
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Project Manager at least thirty (30) days (but no sooner than ninety (90) days) prior to the annual anniversary date of the agreement. Requests filed after this time period will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.
Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.
Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
XI. POST AWARD RESPONSIBILITIES
1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.
2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.
4. Required Bonds: n/a
Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
824
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
EXHIBIT “A”
BID FORM
RFB NO. 25-26-19
Project: ANNUAL CONTRACT FOR CITY-BRANDED CUSTOM APPAREL SERVICES BIDDING FIRM:_______________________________
TO: THE CITY OF VISALIA PURCHASING DIVISION:
In compliance with the City’s Notice Inviting Sealed Bids No. 25-26-19 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs, scope of services, specifications, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.
BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties, and fees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.
BIDDER hereby agrees to execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.
BIDDER agrees to commence the work only after the contract is fully executed and Notice to Proceed and/or City Purchase Order has been issued.
BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.
LOWEST BIDDER will be determined by the Lowest Total Bid Amount. Award, if made will be to the Lowest Bidder whose bid is deemed by the City to be both responsive and responsible and complies with the specifications in RFB 25-26-19.
The quantities given on the Bid Proposal form and any related contract documents are estimates only.
They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.
825
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
BIDDING FIRM_______________________________
For each item listed, provide the unit price for one (1) completed garment based on the specifications shown.
Annual Contract for City-Branded Custom Apparel Services as specified in RFB-25-26-19
The unit price must represent the cost of a single finished item, including cost of garment, all customization (embroidery or screen printing as specified), all setup fees, artwork charges, labor, materials, and any other production-related costs.
Unit Price for ONE (1)
Completed Garment
Polo Shirt – Tonix Venture Polo (BLACK ONLY) or City- approved equal • Short-Sleeve
• Left Chest Embroidery Placement, Up To Six (6) Thread Colors, Approx. 6,200 Stitch Count
Small Order (Under 50) $__________ea
Large Order (50 or more) $__________ea
Additional Cost (if any) for sizes 2XL and larger (per item) $__________ea Additional Cost (if any) for embroidery of Department Name (single line of text below logo) $__________ea
Crew Neck T-Shirt – Next Level – 6210 CVC or City- approved equal • Short Sleeve
• Cotton/Poly blend or equivalent
• Left Chest Screen-Print Placement
• Single-Color Screen-Printed City Logo
Small Order (Under 50) $__________ea
Large Order (50 or more) $__________ea
Additional Cost (if any) for sizes 2XL and larger (per item) $__________ea Additional Cost (if any) for screen-printed Department Name (single line of text below logo) $__________ea
Crew Neck Long Sleeve T-Shirt – Next Level - 6211 CVC or City- approved equal • Long Sleeve
• Cotton/Poly Blend or equivalent
• Left Chest Screen-Print Placement
• Single-Color Screen-Printed City Logo
Small Order (Under 50) $__________ea
Large Order (50 or more) $__________ea
826
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
Additional Cost (if any) for sizes 2XL and larger (per item) $__________ea Additional Cost (if any) for screen-printed Department Name (single line of text below logo) $__________ea
Snapback Hat – Richardson 112+ R- Flex or City - approved equal • Front Embroidery Placement
• Single Color
• Approx. 6,200 Stitch Count
Small Order (Under 50) $__________ea
Large Order (50 or more) $__________ea
Additional Cost (if any) for embroidery of Department Name (single line of text below logo) $__________ea
Subtotal $____________
Sales Tax (8.5%) $____________
Total Bid Price $___________
Shipping/Delivery
Shipping/Delivery charges shall be based
on the actual cost to deliver order to the City of Visalia $__XXXXX__
• Low bid will be awarded to vendor with lowest Total Bid Price. • Only bids using the included bid form will be accepted. (1)__________________________________________________________________________________ Bidding Firm
(2)__________________________________________________________________________________ Corporation, Partner, Joint Venture
(3)__________________________________________________________________________________ Business Address City State Zip Code
____________________________________________________________________________________ Telephone Number Fax Number
____________________________________________________________________________________ E-mail Address
(4)__________________________________________________________________________________ Signature of Authorized Person (Date)
________________________________________________________________________________ Type or Print Authorized Person’s Name
827
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.
(3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.
Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.
CONTRACTOR’S PERMIT INFORMATION
License Classification: _____________________________________ Expiration Date: _________________________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: _________________________________ (A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326.
Federal Tax I.D. No.: ____________________________________________________
REFERENCES
The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two years.
Company Name Address Tel. No. Contact
1.__________________________________________________________________________________
2.__________________________________________________________________________________
3.__________________________________________________________________________________ 828
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.
Company Name Address Tel. No. Type____________
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 829
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
EXHIBIT “B-1”
Non-Collusion Affidavit
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code section 112 and Public Contract Code 7106 the bidder declares that bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
This form must be signed by the person authorized to submit Bids on behalf of the Bidder. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Bidding Firm: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Print Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
830
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
EXHIBIT “B-2”
WORKERS’ COMPENSATION INSURANCE COMPLIANCE
(CALIF. LABOR CODE § 3700)
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
831
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
Submit with Bid
EXHIBIT “B-3”
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal(if any):
832
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
Submit with Bid
EXHIBIT “B-4”
CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, commonly referred to as the “Levine Act,” can prohibit members of the City Council of the City of Visalia from participating in any action related to a contract if he or she receives any political contributions totaling more than $500 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.
The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract?
2. YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:
Answering YES to the question above does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.
NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form. ________________________________________________ __________ Signature of Authorized Individual Date
_________________________________________________
Printed or Typed Name of Authorized Individual
_________________________________________________
Print or Type Name of Company
833
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
Submit with Bid
EXHIBIT “B-5”
DRUG-FREE WORKPLACE CERTIFICATION
STATE OF CALIFORNIA
STD.21 (REV.12-93)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency. 834
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
Submit with Bid
EXHIBIT “B-6”
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
(Complete and submit with response)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1)Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2)A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ⃝ The City has exempted the Consultants from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,00 over the life of the contract (up to 5 years).
Signature:________________________________ Printed Name:_________________________ Title:____________________________________ Agency Name:________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
835
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
(Sample)EXHIBIT “C” for use in RFB and as contract
ANNUAL CONTRACT TO PROVIDE CITY-BRANDED CUSTOM APPAREL SERVICES (City of Visalia Bid No. 25-26-19)
This Agreement entered into and effective this ________ day of ________________, 2026 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to RFB No. ______, Annual Contract for City-Branded Custom Apparel Services hereinafter referred to as the “Project” and determined to award contract to CONTRACTOR for the service and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 25-26-19, Annual Contract for City-Branded Custom Apparel Services
Attachment 4 CONTRACTOR’s bid in response to Bid No. 25-26-19
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS:
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):
All work described in Scope of Services in Bid No. 25-26-19
4. CITY COMMITMENTS:
836
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the amount listed below as Total Compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
6. CONTRACT PRICE ADJUSTMENTS:
All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Project Manager no sooner than ninety (90) calendar days but not less than thirty (30) calendar days prior to the annual anniversary date of the agreement as specified in the General Conditions of RFB 25-26-19.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.
In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
Total Compensation: $ Not to exceed Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for completed work 837
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: __________________ By:_____________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: ___________________ By:______________________________________________________ City Manager
Dated: ___________________ By:______________________________________________________ City Attorney
Dated: _____________ By:______________________________________________________ City of Visalia Risk Manager
Dated: _____________ By:______________________________________________________ City of Visalia Project Manager
838
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR: ________________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attn: ________________________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.
This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Guarantees and Warranties:
1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.
2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.
839
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
3. WARRANTIES: Warranties required by the Invitation to Bid or this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.
CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.
CONTRACTOR shall indemnify and hold CITY harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanics, material persons, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in furtherance of the performance of this Agreement. CONTRACTOR shall, at CITY’s request, furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharged, or waived. If CONTRACTOR fails to do so, then CITY may, after having served written notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTRACTOR’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where upon payment to the CONTRACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations on the CITY to either the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRACTOR, the CITY shall be deemed the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.
Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.
I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
L. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 840
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
Exhibit “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Comprehensive Automobile Liability Coverage for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. c. Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia. 841
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.
Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages.
This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
842
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
Exhibit “D”
CITY OF VISALIA LOGO SAMPLES
Sample No. 1
Sample No. 1 - Artwork to be used for the embroidery work on Polo Shirts - Embroidery will be on the left chest, and the stitch count will be approximately 6,200. The total number of different thread colors will be 6. Logo size and dimensions to be determined with samples before the first order. Please note that some departments may not include the department name.
Sample No. 2 and 3
Sample No. 2 and 3 - Artwork to be used for screen-printing on T-Shirts (long and short sleeve). – Screen print will be on the left chest. Black or white logos, depending on the base color of the shirt. Logo size and dimensions to be determined with samples before the first order. Please note that some departments may not wish to include the department name.
Sample No. 4
Sample No. 4 - Artwork to be used for the embroidery work on hats - Embroidery will be on the center front of the hat, and the stitch count will be approximately 6,200. The total number of different thread colors will be 1 (white or black). Logo size and dimensions to be determined with samples before the first order. Please note that some departments may not include the department name.
843
RFB NO. 25-26-19
CITY-BRANDED CUSTOM APPAREL SERVICES
Exhibit “E”
BRAND IDENTITY GUIDELINES
844
(Sample)EXHIBIT “C” for use in RFB and as contract
ANNUAL CONTRACT TO PROVIDE CITY-BRANDED CUSTOM APPAREL SERVICES (City of Visalia Bid No. 25-26-19)
This Agreement entered into and effective this ________ day of ________________, 2026 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and Empire Printing, LLC hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is a Limited Liability Corporation (insert individual or entity type) with a primary business address of 1860 E St Louis St., Springfield, MO 65802 and SSN or EIN: 27-3187479; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to RFB No. 25-26-19, Annual Contract for City-Branded Custom Apparel Services hereinafter referred to as the “Project” and determined to award contract to CONTRACTOR for the service and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 25-26-19, Annual Contract for City-Branded Custom Apparel Services
Attachment 4 CONTRACTOR’s bid in response to Bid No. 25-26-19
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS:
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):
All work described in Scope of Services in Bid No. 25-26-19 845
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the amount listed below as Total Compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
6. CONTRACT PRICE ADJUSTMENTS:
All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement.
Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Project Manager no sooner than ninety (90) calendar days but not less than thirty (30) calendar days prior to the annual anniversary date of the agreement as specified in the General Conditions of RFB 25-26-19.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U All Cities Average).
The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.
In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
Total Compensation: Not to exceed $25,000 annually
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for completed work 846
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: __________________ By:_____________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: ___________________ By:______________________________________________________ City Manager
Dated: ___________________ By:______________________________________________________ City Attorney
Dated: _____________ By:______________________________________________________ City of Visalia Risk Manager
Dated: _____________ By:______________________________________________________ City of Visalia Project Manager
847
848
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0870 Agenda Date: 6/15/2026 Agenda #: 27.
Agenda Item Wording:
Notice of completion - Request authorization to file a notice of completion for the Riggin Avenue widening project from Mooney Boulevard to Conyer Street.
Agenda Date: 06/15/2026
Prepared by:
Jonathan Frausto, Associate Engineer, [email protected], 713-4369 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected] , 713-4495
Department Recommendation: Staff recommends that the City Council authorize the filing of a notice of completion for the Riggin Avenue Widening project from Mooney Boulevard to Conyer Street.
Summary:
This project included reconfiguring Riggin Avenue from Mooney Boulevard to Conyer Street. The improvements expanded the roadway from a two-lane facility to a four-lane divided roadway, enhancing both vehicle capacity and multimodal connectivity. Additional improvements included a protected intersection at Giddings Street, a frontage road, and Class IV protected bicycle lanes along portions of the corridor.
Background Discussion:
The Riggin Avenue widening project reconfigured Riggin Avenue between Mooney Boulevard and Conyer Street from a two-lane roadway to a four-lane divided arterial to increase east-west vehicle capacity and improve traffic operations in support of continued development within the surrounding area. As part of the project, the City constructed a frontage road to improve access and safety for adjacent residents, implemented a protected intersection at Giddings Street to enhance safety for pedestrians and bicyclists, and installed Class IV protected bicycle facilities along portions of the corridor to improve multimodal connectivity.
The project was originally advertised for construction bids on April 22, 2024, with bids opened on June 12, 2024. Following the bid opening and evaluation of submitted proposals, the construction contract was awarded to the lowest responsive and responsible bidder on August 5, 2024.
The project was issued an initial notice to proceed on October 23, 2024 to order all long lead time items as in accordance with project specifications. Due to item delays, the project was issued a final notice to proceed on February 3, 2025. Due to project pauses, equipment and weather delays during Visalia City Council Page 1 of 5 Printed on 6/12/2026
powered by Legistar™849
File #: 25-0870 Agenda Date: 6/15/2026 Agenda #: 27.
the official project timeline, all construction ended in April of 2026.
Change Orders:
The final cost of the construction contract including change orders is $6,709,650.02. A total of 10 change orders were processed totaling $229,650.02. Below is the summary of the contract changes:
Change Order Breakdown To-Date
Category Cost Percentage
Errors & Omissions (E&O) $ - 0.00%
Utility Conflict (UT) $ - 0.00%
Balance of Quantities (BQ) $ (358,250.86) -5.53%
Unforeseen (UN) $ 60,282.85 0.93%
Change of Scope (CofS) $ 527,618.03 8.14%
Total: $ 229,650.02 3.54%
Errors & Omissions (E&O)
No change orders were processed under this category.
Utility Conflict (UT)
No change orders were processed under this category.
Balance of Quantities (BQ)
Balance of quantity adjustments were processed to reconcile final constructed quantities with bid quantities. These adjustments included increases and decreases to pavement removal, storm drain improvements, curb and gutter, sidewalk, stamped concrete, pavement rehabilitation, striping, fencing, irrigation, and various traffic control and electrical items based on final field measurements and completed construction quantities.
Unforeseen (UN)
Change orders were processed to address unforeseen field conditions encountered during construction, including the discovery of undocumented storm drain infrastructure, additional storm drain improvements required to maintain project functionality, removal of unexpectedly hard recycled base materials, trench repair modifications, and grading adjustments necessary to achieve design elevations.
Change of Scope (CofS)
Change orders were processed to implement City-directed scope modifications and design refinements. These changes included redesign of the frontage road drainage system, installation of additional drainage infrastructure to address localized flooding concerns, directional boring for irrigation facilities to avoid impacting existing infrastructure, traffic signal modifications resulting from equipment procurement delays, and revisions to pedestrian push button and vehicle detection systems at the Giddings Street intersection.
Fiscal Impact:
The Riggin Ave Widening project Mooney Blvd to Conyer St is funded, using Highway Improvement Program (HIP) grant funds thru the Federal Highway Administration (FHWA), Measure R Regional Visalia City Council Page 2 of 5 Printed on 6/12/2026 powered by Legistar™850
File #: 25-0870 Agenda Date: 6/15/2026 Agenda #: 27.
Program (HIP) grant funds thru the Federal Highway Administration (FHWA), Measure R Regional (133) Funds from Tulare County Association of Governments (TCAG) and Traffic Impact Fee (241).
See below the project funding breakdown.
Riggin Avenue Widening Mooney Blvd. to Conyer Street (CP0473) Project Funding Source
Measure R Regional Funds (133) $ 3,471,000
Traffic Impact Fee (241) $ 2,304,000
Highway Improvement Program (HIP) Funding (281) $ 2,485,000 Total Project Funding $ 8,260,000
Project Costs
Project Management $ 103,011.15
Project Environmental (P03027) $ 30,997.08
Project Administration (P03584) $ 4,191.65
Project Design (P02914 / P02968) $ 255,486.50
Cal Water Design & Fees (P03087 / P03465)$ 197,458.18
SCE Pole Relocation Efforts (P03161) $ 173,696.57
Construction (P03957) Amount Awarded $ 6,480,000.00
Construction Change Orders $ 229,650.02
Construction Inspection, Admin, Misc. $ 180,000.00
Construction Material Testing (P04109) $ 105,101.86
Construction Independent Assurance (P04202) $ 9,723.70
Construction Survey (P04055) $ 102,790.50
Tribal Monitoring (P04095) $ 1,285.01
Total Estimated Project Costs $ 7,873,392.22
Remaining Balance $ 386,607.78
The Highway Improvement Program funds were fully expended. The remaining balance shown in the above table consists of funds from the Measure R Regional and the TIF fund. Any remaining funds will be returned to their respective funds.
Prior Council Action:
August 5, 2024
Authorized the City Manager to award the construction contract with Cen-Cal Construction for Riggin Avenue Widening Mooney Boulevard to Conyer St. in the amount of $6,480,000 and authorized the transfer of Measure R Regional funds, appropriation of additional Transportation Impact Fees and Measure R Regional funds and authorize the amendment to the measure R supplemental Agreement.
Visalia City Council Page 3 of 5 Printed on 6/12/2026
powered by Legistar™851
File #: 25-0870 Agenda Date: 6/15/2026 Agenda #: 27.
February 21, 2023
Authorized the City Manager to proceed with the design and construction of a bicycle Protected Intersection at the Riggin Avenue and Giddings Street associated with the Riggin Widening Project Mooney Blvd. to Conyer St and for staff to develop guidelines that evaluate these intersections treatments at future locations on a case by case basis and to proceed with implementation.
December 5, 2022
Authorized the City Manager to approve payment to California Water Service in the amount of $150,259.00 for the installation of five fire hydrants and two irrigation services as part of the Riggin Widening project between Mooney Blvd to Conyer St and appropriated and additional $85,000 in Highway Infrastructure Program (HIP) funds.
September 19, 2022
Authorized the City Manager to execute the Southern California Edison (SCE) Joint Use Agreement (JUA) and adopted Resolution 2022-52 for the Riggin Widening project between Mooney Blvd to Conyer Street.
August 1, 2022
Received a staff presentation on the proposed local frontage road to be constructed with the Riggin Avenue Widening Project Mooney Blvd to Conyer Street.
June 20, 2022
Adopt Resolutions 2022-39 and 2022-40, designating a portion of City owned property located within 2 Parcels, Lot “A” of Highland Park Estates subdivision and Lot “A” of Highland Park, Unit No. 2 subdivision as part of the public City Street System respectively.
May 16, 2022
Adopt Resolution 2022-33 authorizing the City Manager to execute Southern California Edison (SCE) Utility Agreement No. CP0473-SCE2592 for the Riggin Widening project between Mooney Blvd to Conyer Street.
April 18, 2022
Adoption Resolution No. 2022-27 certifying Mitigated Negative Declaration No. 2022-16 prepared for California Environmental Quality Act (CEQA) compliance as part of the Highway Infrastructure Program (HIP) funding for the construction of the “Riggin Avenue Widening Project” from North Mooney Boulevard to North Conyer Street (State Clearing house No. 2022030456) (Resolution No. 2022-27 required).
June 21, 2021
Authorize the City Manager to award a sole source professional design services contract to 4Creeks, Inc., for the design of the “Riggin Avenue Widening Project” from North Mooney Boulevard to North Conyer Street, and appropriation of funds to establish a preliminary project budget.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the filing of a Notice of Completion for the Riggin Avenue widening project from Visalia City Council Page 4 of 5 Printed on 6/12/2026
powered by Legistar™852
File #: 25-0870 Agenda Date: 6/15/2026 Agenda #: 27.
Mooney Boulevard to Conyer Street.
Environmental Assessment Status: Environmental assessment complete and has been cleared by Caltrans.
Attachments:
1. Location Map
2. Draft Notice of Completion
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 Page 5 of 5 Printed on 6/12/2026
powered by Legistar™853
W
Sedona Ave
W
Shannon Pkwy
N Giddings St
N Dinuba Blvd
N Mooney Blvd
W Robin Ave
N Conyer St
W Crystal Ave
N Quail Dr
W Robin Dr
W
Corvina Ave
N E ml St
W
Riggin Ave
W
Porter Ave
W
Modoc Ave
W
Dove Ave
N Divisadero St
W
Sunnyview
Ave
W Wren
Dr
N Highland St
N Shady St
W
Oriole Ave
N Willis St
N Canary Dr
W Lark Ave
N Wren Dr
W Lark Ct
N Central St
W
Dove Ct
W
Wren Ave
N Shady Ct
N Jacob Ct
W
Flagstaff Ave
N Elm Ct
W Canary Dr
N Turner Ct
N Sowell Ct
W Lipson Ct
N Fai wr ay St
N Central Ct
N Dollner St
N Dayton Ct
N Turner St
N Rina dl i St
N Oak Park Ct
N Highland Ct
N Willis Ct
N Oak Park St
W
Robin Ct
N Hall Ct
W
Porter Ct
N Gull Ct
N Rinaldi Ct
N Park Ct
N Leslie Ct
W
Robin Ave
N Central Ct
N Fai wr ay St
W
Sedona Ave
W Lark Ave
N Elm St
W Porter Ave
W
Sunnyview
Ave
N Fairway St
W Modoc Ave
N Jacob Ct
W Dove Ct
N Elm St
W
Riggin Ave
N Shady St W
Wren Ave
W
Wren Ave
N Dayton Ct
N Divisadero St N Divisadero St
W
Wren Dr
W
Lark
Ave
N Fairway St
N Highland Ct
MODOC
DITCH (p)
Project Limits
854
Recording requested by and
Please mail instrument to:
City of Visalia
315 E. Acequia Ave.
Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:
RIGGIN AVENUE WIDENING
MOONEY BOULEVARD TO CONYER STREET
PROJECT NO. 3010-72000/CP0473-999
under the contract agreement entered into with Cen Cal Construction dated October 18, 2024, as a whole was completed on June 15, 2026, and the City of Visalia hereby accepts said work.
Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia. __________________________________
Date
CITY OF VISALIA
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of ______________________________, 20_______, by Christopher Crawford, proved to me on the basis of satisfactory evidence to be the person who appeared before me. ___________________________________
Date
__________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 855
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0872 Agenda Date: 6/15/2026 Agenda #: 28.
Agenda Item Wording:
Tulare County Economic Development Corporation membership agreement - Receive update report on Tulare County Economic Development Corporation and authorize payment for second half of Fiscal Year 25/26 in the amount of $30,000 from existing Economic Development Division budget.
Agenda Date: 06/15/2026
Prepared by: Devon Jones, Economic Development Manager [email protected], 713-4190; John Lollis, Assistant City Manager, [email protected], 713-4323 Department Recommendation:
Staff recommends that the City Council authorize payment to the Tulare County Economic Development Corporation (TCEDC) for the second half of Fiscal Year (FY) 25/26 in the amount of $30,000 from existing Economic Development Division budget. Staff’s recommendation to proceed for the second half payment is given prospect marketing and response services have continued uninterrupted and given the City’s involvement in the reorganization of the TCEDC.
Summary:
Considerable coordination efforts have occurred between City staff, other participating jurisdictions and the TCEDC Board of Directors pertaining to the future of the TCEDC. Most recently, a request for proposals (RFP) process was initiated that identified Hickey Global as the preferred vendor to conduct a comprehensive organizational analysis and provide strategic recommendations to strengthen TCEDC’s effectiveness and alignment with member agency’s economic development goals. The analysis will identify a recommended organizational structure, an updated strategy to attract large job creators and high growth sectors, along with an Executive Director job description and recruitment support, as well as a two-year implementation roadmap. City staff provided input into this process and helped to interview and review Hickey Global for TCEDC Board consideration.
Hickey Global’s proposed budget is $82,510. The TCEDC Board recently voted to approve the service agreement with Hickey Global with the understanding that the organization currently has sufficient funds to pay for this service. There had been previous discussion of the City of Tulare, City of Visalia, and County of Tulare proportionally splitting this cost amongst the agencies but that was at a time when many municipalities and TCEDC members had not yet paid their membership dues.
That has since changed and the TCEDC currently has sufficient funds in its budget to cover this consultant expense.
In addition, staff has continued to receive prospecting and marketing services from the TCEDC during this time. In its current form, the primary value of TCEDC services to City staff is the prospect response packaging and ongoing site marketing and outreach. Currently, there are no TCEDC staff members employed by the agency; however, Mike Washam, Associate Director for the Tulare County Resource Management Agency and the Economic Development Department team at Tulare County, have temporarily assumed the staff support role for the TCEDC ensuring services have continued to the partner agencies. Together, with considerable support from the current TCEDC Board Chair, Visalia City Council Page 1 of 2 Printed on 6/12/2026
powered by Legistar™856
File #: 25-0872 Agenda Date: 6/15/2026 Agenda #: 28.
the partner agencies. Together, with considerable support from the current TCEDC Board Chair, County Supervisor Amy Shuklian, and the support of the TCEDC Executive Committee, including Councilman Brian Poochigian, staff believes prospecting services have continued uninterrupted.
Given this, and the City’s ongoing support of the TCEDC’s reorganization effort to date, staff is recommending payment for the second half of FY 25/26 in the amount of $30,000 from the existing Economic Development division budget.
Background Discussion:
TCEDC membership for the entire FY 25/26 is $60,000. This amount is currently budgeted in the Economic Development division budget. In recent fiscal years, the City made biannual payments of $30,000.
Fiscal impact including annual maintenance and operating costs:
$30,000 from the existing Economic Development division budget. TCEDC membership for the entire FY 25/26 is $60,000.
Prior Council action:
03.2.2026 - Authorized payment of first half of TCEDC service fee, $30,000,
10.20.2025 - Continued an item to consider payment to TCEDC,
10.6.2025 - Continued an item to consider TCEDC payment,
06.17.2024 - Authorized continued membership,
08.07.2023 - Authorized increase in membership cost to $60,000,
04.17.2023 - Authorized continued membership
Alternatives: Per Council direction
Recommended Motion (and Alternative Motions if expected):
I move to authorize payment to the Tulare County Economic Development Corporation for the second half of Fiscal Year (FY) 25/26 in the amount of $30,000.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments: None
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 Page 2 of 2 Printed on 6/12/2026
powered by Legistar™857
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0874 Agenda Date: 6/15/2026 Agenda #: 29.
Agenda Item Wording:
Award Convention Center booking software contract - Authorize the City Manager to award a three-year contract to Momentus Technologies for the replacement of the Convention Center booking software for the total not-to-exceed amount of $113,106 over three years, and to appropriate an additional $49,800 to the approved capital equipment replacement project Agenda Date: 06/15/26
Submitting Department: Administration - Convention Center Division Prepared by:
Samantha Mathias, Convention Center Manager, [email protected], 713-4004; John Lollis, Assistant City Manager, [email protected], 713-4323 Department Recommendation:
Authorize the City Manager to award a three-year contract to Momentus Technologies LLC for the replacement of the Convention Center booking software for the total amount not-to-exceed $113,106, and to appropriate an additional $49,800 to the approved capital equipment replacement project (EQ0129). The additional appropriation includes $5,000 for tablets to manage the events plus $15,000 for data conversion and additional reports if needed.
Summary:
The current booking software is over twenty (20) years old and periodically stops functioning requiring Finance-IS Division assistance and which causes disruptions to operations and the client during an event. It is also no longer supported by the vendor. The new software will provide upgraded technology allowing for improved overall efficiency for operations, inventory control and client relationship management from proposal to signed contract.
Background Discussion:
A Request for Proposals (RFP) was initiated in March 2026 for a new Convention Center booking software resulting in the selection of Momentus Technologies, LLC. There is an approved capital replacement project (EQ0129) of $21,200 to replace the current software. The new system will allow staff to utilize the software remotely in all areas of the Convention Center during events. This feature will require an appropriation of $5,000 for the required tablets.
The initial contract cost plus the annual recurring software and services each year over the threeyear contract is itemized below:
Year 1: $50,973 (includes the approved $21,200 of EQ0129) Year 2: $30,532 added to the operations budget
Year 3: $31,601 will be added to the operations budget
Visalia City Council Page 1 of 3 Printed on 6/12/2026
powered by Legistar™858
File #: 25-0874 Agenda Date: 6/15/2026 Agenda #: 29.
Total Contract Amount: $113,106
A copy of the master agreement and the order form are still in development, but the software is needed to move forward so staff is asking that the City Manager have the authority to award the contract should agreement be reached on the pending issues.
Fiscal Impact:
The initial contract cost plus the annual recurring software and services each year over the threeyear contract is itemized below:
Year 1 (FY 26/27): $50,973 (this includes the approved $21,200 EQ0129) Year 2 (FY 27/28): $30,532 (included in the operations budget) Year 3 (FY 28/29): $31,601 (will be included in the operations budget) Total Contract Amount: $113,106
This contract will be funded through the CIP allotment, and through transferring the appropriate services and software budget funds from the operating budget to the CIP budget for the first year.
Future years will be covered through the Convention Center’s operational budget.
This request also includes appropriation of $29,800 for the software replacement plus $5,000 for equipment (tablets for staff during the event) plus $15,000 for data migration and custom reports if needed. The additional appropriation for this project is $49,800.
Prior Council Action: N/A
Alternatives: The City Council could not authorize the contract and again conduct a new RFP process.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to award a three-year contract to Momentus Technologies, LLC for the replacement of the Convention Center booking software for the total amount of $113,106, and to appropriate an additional $49,800 to the approved capital equipment replacement project.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: N/A
Attachments: Momentus Technologies Draft Master Agreement 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 Page 2 of 3 Printed on 6/12/2026 powered by Legistar™859
File #: 25-0874 Agenda Date: 6/15/2026 Agenda #: 29.
☒
Economic
Vitality
☒
Organizational
Excellence
☒
Fiscal
Strength
☒
Infrastructure &
Growth
☒
Quality of
Life
Visalia City Council Page 3 of 3 Printed on 6/12/2026
powered by Legistar™860
August 2025
MASTER AGREEMENT
THIS MASTER AGREEMENT (this “Agreement”) is between Momentus Technologies, LLC (“Provider”) and City of Visalia having an address at 303 E. Acequia Ave., Visalia, CA, 93291, United States and is effective as of May 31, 2026 (the “Effective Date”). The Services may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. Provider’s direct competitors are prohibited from accessing the Services, except with Provider’s prior written consent.
1. Definitions.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. “Authorized User(s)” means Customer’s employees, consultants, contractors, and agents (a) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement; and (b) for whom access to the Services has been purchased hereunder. “Customer” means in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement, and Affiliates of that company or entity (for so long as they remain Affiliates) which have entered into one or more Order Forms.
“Customer Data” means electronic information and data that is submitted by or for Customer or an Authorized User by or through the Services. For the avoidance of doubt, Customer Data does not include Resultant Data or any other information reflecting the access or use of the Services by or on behalf of Customer or any Authorized User.
“Documentation” means any manuals, instructions, or other documents, specifications, or materials that Provider provides or makes available to Customer in any form or medium and which describe the functionality, components, features, or requirements of the Services or Provider’s Materials, including any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof; provided all Documentation may be updated from time to time by Provider and may be available on Provider’s website.
“Order Form” means an ordering document or online order that is entered into between Customer and Provider or any of their Affiliates specifying the Services to be provided hereunder and subscription term, including any addenda and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto.
“Provider Materials” means the Services, Documentation, Provider Systems, and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by Provider or any subcontractor in 861
March 2026 2
connection with the Services or otherwise comprise or relate to the Services or Provider Systems. For the avoidance of doubt, Provider Materials include Resultant Data and any information, data, or other content derived from Provider’s monitoring of Customer’s access to or use of the Services, but do not include Customer Data.
“Services” means the software products and professional services that are ordered by Customer under an Order Form or online ordering portal or under a free trial, and made available online by Provider, including associated Provider offline or mobile components, as described in the Documentation. “Third-Party Systems” means Web-based, mobile, offline, or other software functionality that interoperates with a Service, that is provided by Customer or a third party and any of Customer’s information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by Customer or through the use of thirdparty services.
2. Term and Termination.
2.1 Term. This Agreement commences on the Effective Date and continues until all subscriptions pursuant to any Order Form have expired in accordance with the stated subscription end date or have been terminated in accordance with the terms of this Agreement.
2.2 Renewal Term. The initial term of each subscription shall be as specified in the applicable Order Form (the “Initial Term”). An Order Form, Service subscriptions may be renewed for additional one-year terms, provided the parties agree to the renewal in writing at least 90 days before the end of the relevant subscription term (each a “Renewal Term” and together with the Initial Term, the “Term”).
2.3 Termination. In addition to any other express termination rights set forth elsewhere in this Agreement: a party may terminate this Agreement for cause (i) upon thirty (30) days’ written notice to the other party of a material breach (including non-payment of fees owed) if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
2.4 Refund or Payment upon Termination. If this Agreement is terminated by Customer in accordance with Section 2.3, Provider will refund Customer any prepaid fees covering the remainder of the Term of all Order Forms after the effective date of termination. If this Agreement is terminated by Provider in accordance with Section 2.3, Customer will pay any unpaid fees covering the remainder of the Term of all Order Forms to the extent permitted by applicable law. In no event will termination relieve Customer of its obligation to pay any fees payable to Provider for the period prior to the effective date of termination.
3. Fees and Payment.
3.1 Fees.
(a) Customer will pay all fees specified in Order Forms including any preapproved out-ofpocket expenses incurred by Provider. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and subscriptions purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities of Services or Authorized Users purchased cannot be decreased during the Term.
862
March 2026 3
(b) After the Initial Term, Provider may increase subscription fees by up to five percent (5%) at each Renewal Term.
(c) Fees for professional services are only fixed during the time period set forth on a specific Order Form and any change orders or new requests subject to a new Order Form will result in Customer being charged Provider’s then standard market rates. Any promotional or one-time priced subscriptions for Services shall revert to Provider’s then current list price.
3.2 Taxes. All fees and other amounts payable by Customer under any Order Form do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, valueadded, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”).
Customer is responsible for paying all Taxes associated with its purchases hereunder. If Provider has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, Provider will invoice Customer and Customer will pay that amount unless Customer provides Provider with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Provider is solely responsible for taxes assessable against it based on its income, property, and employees.
3.3 Payment. Unless otherwise stated in the Order Form, invoiced fees are due on the earlier of net 30 days from the invoice date or on the applicable annual renewal date as set forth on the Order Form for any Renewal Term. Customer is responsible for providing complete and accurate information to Provider in order to receive invoices. Provider is under no obligation to integrate into any Customer payment portal or comply with any Customer payment prerequisites such as vendor onboarding questionaries or payment portal registration, which require the payment of fees to access such portals or the agreement to additional terms outside of this Master Agreement.
3.4 No Deductions or Setoffs. All amounts payable to Provider under this Agreement shall be paid by Customer to Provider in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable law). Any prepayments for professional services will be credited by Provider against the actual time and materials billed for that particular month until the prepayment is exhausted; provided any prepaid amounts that remain after the 12-month anniversary date of the Order Form will be immediately forfeited by Customer and shall not be credited or refunded.
3.5 Late Payment. If Customer fails to make any payment when due then, in addition to all other remedies that may be available Provider may: (a) charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (b) accelerate Customer’s unpaid fee obligations under such agreements so that all such obligations become immediately due and payable; and (c) suspend Services until such amounts are paid in full, provided that Provider will give Customer at least seven (7) days’ prior notice that its account is overdue before suspending Services to Customer.
4. Provision of Services.
4.1 Access and Use. Subject to Customer’s and Authorized Users’ use of the Services in accordance with this Agreement, the Documentation and the applicable Order Form, Provider will (a) make the Services available to Customer pursuant to this Agreement, and the applicable Order Forms and Documentation, (b) be responsible for the performance of its personnel (including its employees and contractors) and their compliance with Provider’s obligations under this Agreement, except as otherwise specified in this 863
March 2026 4
Agreement, (c) provide Support Services as set forth in Section 7.2, (d) use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Provider shall give advance electronic notice), and (ii) any unavailability caused by a Force Majeure Event, and (e) provide the Services in accordance with laws and government regulations applicable to Provider’s provision of its Services to its customers generally (i.e., without regard for Customer’s particular use of the Services).
4.2 Protection of Customer Data. Provider will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Data, as described in the Documentation. Those safeguards will include, but will not be limited to, measures designed to prevent unauthorized access to or disclosure of Customer Data (other than by Customer or Authorized Users). The terms of the data processing addendum available at Provider’s website at https://gomomentus.com/agreements-and-terms (“DPA”) posted as of the Effective Date are hereby incorporated by reference. To the extent personal data from the European Economic Area (EEA), the United Kingdom and Switzerland are processed by Provider, its Processor Binding Corporate Rules, and/or the Standard Contractual Clauses shall apply, as further set forth in the DPA. For the purposes of the Standard Contractual Clauses, Customer and its applicable Affiliates are each the data exporter, and Customer’s acceptance of this Agreement, and an applicable Affiliate’s execution of an Order Form, shall be treated as its execution of the Standard Contractual Clauses and Appendices. Upon request by Customer made within 30 days after the effective date of termination or expiration of this Agreement and in a format selected by Provider, Provider will make Customer Data available to Customer for export or download. After such 30- day period, Provider will have no obligation to maintain or provide any Customer Data and will thereafter delete or destroy all copies of Customer Data in its systems or otherwise in its possession or control, unless legally prohibited. Any Customer Data export or download that is requested outside of Provider's obligations under this Agreement shall be subject to mutual agreement and may be subject to an additional fee.
4.3 Reservation of Rights. Nothing in this Agreement grants any right, title, or interest in or to (including any license under) any Intellectual Property Rights in or relating to, the Services, or Provider Materials, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the Services and the Provider Materials, are and will remain with Provider.
4.4 Changes. Provider reserves the right, in its sole discretion, to make any changes or updates to the Services and Provider Materials that it deems necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of Provider’s Services to its customers; (ii) the competitive strength of or market for Provider’s Services; or (iii) the Services’ cost efficiency or performance; or (b) to comply with applicable law. Without limiting the foregoing, either party may, at any time during the Term, request in writing changes to the scope of Services. The parties shall evaluate and, if agreed, implement all such requested changes in accordance with a new Order Form. No requested changes to the scope of Services will be effective unless and until memorialized in a new written Order Form signed by both parties.
4.5 Suspension or Termination of Services. Provider may, directly or indirectly or by any other lawful means, suspend, terminate, or otherwise deny Customer’s, or any Authorized User’s access to or use of all or any part of the Services or Provider Materials, without incurring any resulting obligation or liability, if: (a) Provider receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Provider to do so; or (b) Provider believes, in its sole discretion, that: (i) Customer or any Authorized User has failed to comply with any term of this 864
March 2026 5
Agreement, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement or in any manner that does not comply with any instruction or requirement of the Documentation; (ii) Customer or any Authorized User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities; or (iii) this Agreement expires or is terminated. If applicable, Provider will use commercially reasonable efforts under the circumstances to provide Customer with notice and an opportunity to remedy such violation or threat prior to any such suspension.
5. Use of Services.
5.1 Definition:
“Harmful Code” means code, files, scripts, agents, or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses; provided Harmful Code does not include any software, hardware, or other technology, device, or means used by Provider or its designee to disable Customer’s or any Authorized User’s access to or use of the Services automatically with the passage of time or under the positive control of Provider or its designee.
5.2 Subscriptions. Services are purchased as subscriptions for the term stated in the applicable Order Form or in the applicable online purchasing portal. Subscriptions for Services or additional Authorized Users may be added during a subscription term, and any pricing shall be prorated for the portion of the then current remaining Term; provided such additional Services or additional Authorized Users will terminate on the same date as the underlying subscriptions. Customer agrees that its purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Provider regarding future functionality or features.
5.3 Usage Restrictions. Customer shall not, and shall not permit any other person to, access or use the Services or Provider Materials except as expressly permitted by this Agreement. Any third-party materials that are not Provider Materials shall be subject to the applicable third-party license agreement between such third party and Customer. For purposes of clarity and without limiting the generality of the foregoing, Customer will not (a) make any Service available to anyone other than Customer or Authorized Users, or use any Service for the benefit of anyone other than Customer or its Affiliates, unless expressly stated otherwise in an Order Form or the Documentation, (b) sell, resell, license, sublicense, distribute, rent or lease any Service, or include any Service in a service bureau or outsourcing offering, (c) use a Service or Third-Party System to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use a Service or Third-Party System to store or transmit Harmful Code, (e) interfere with or disrupt the integrity or performance of any Service or thirdparty data contained therein, (f) attempt to gain unauthorized access to any Service or its related systems or networks, (g) permit direct or indirect access to or use of any Services in a way that circumvents a contractual usage limit, or use any Services to access, copy or use any of Provider’s Intellectual Property Rights except as permitted under this Agreement, an Order Form, or the Documentation, (h) modify, copy, or create derivative works of a Service or any part, feature, function or user interface thereof, (i) copy content except as permitted herein or in an Order Form or the Documentation, (j) frame or mirror any part of any Service, other than framing on Customer’s own intranets or otherwise for its own internal business purposes or as permitted in the Documentation, (k) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile a Service or access it to (1) build a competitive product or service, (2) build a product or service using similar ideas, features, functions or graphics of the Services, (3) copy any ideas, features, functions or graphics of the Services, or (4) determine whether the Services are within the scope of any patent. 865
March 2026 6
5.4 Usage Limits. Services are subject to usage limits specified in Order Forms and Documentation.
If Customer exceeds a contractual usage limit, Provider may work with Customer to seek to reduce Customer’s usage so that it conforms to that limit. If, notwithstanding Provider’s efforts, Customer is unable or unwilling to abide by a contractual usage limit, Customer will execute an Order Form for additional quantities of the applicable Services promptly upon Provider’s request, and/or pay any invoice for excess usage in accordance with Section 3.
6. Customer Obligations.
6.1 Definition.
(a) “Access Credentials” means any username, identification number, password, license or security key, security token, PIN, or other security code, method, technology, or device, used alone or in combination, to verify an individual’s identity and authorization to access and use the Services.
6.2 Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain, and operate in good repair and in accordance with the Documentation all Customer systems on or through which the Services are accessed or used including using Provider’s most current or supported versions of any software; (b) provide all cooperation and assistance as Provider may reasonably request to enable Provider to exercise its rights and perform its obligations under and in connection with this Agreement; (c) be responsible for Authorized Users’ compliance with this Agreement, Documentation and Order Forms; (d) be responsible for the accuracy, quality and legality of Customer Data, the means by which Customer acquired Customer Data, Customer’s use of Customer Data with the Services, and the interoperation of any Third-Party Systems with which Customer uses Services; (e) use commercially reasonable efforts to prevent unauthorized access to or use of Services, Access Credentials and content through physical, administrative, and technical controls, screening, and security procedures and other safeguards, and notify Provider promptly of any such unauthorized access or use; (f) use Services only in accordance with this Agreement, Documentation, Order Forms and applicable laws and government regulations; and (g) comply with terms of service of any Third-Party Systems with which Customer uses Services. Provider is not responsible or liable for any delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under this Agreement.
6.3 Corrective Action. If Customer or Provider becomes aware of any actual or threatened activity prohibited by this Agreement, Customer shall, and shall cause its Authorized Users to, immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Services, and Provider Materials and permanently erasing from their systems and destroying any data to which any of them have gained unauthorized access); and (b) notify the other party of any such actual or threatened activity.
7. Provider Support.
866
March 2026 7
7.1 Definition.
(a) “Provider Systems” means the information technology infrastructure used by or on behalf of Provider in performing the Services, including all computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Provider or through the use of third-party services.
7.2 Support Services. Subject to the terms and conditions of this Agreement, the Services include Provider’s standard customer support services (“Support Services”) a current copy of which is available at https://gomomentus.com/agreements-and-terms which version as of the Effective Date is attached hereto as Exhibit A (the “Service Level Agreement ”). Provider may amend the Service Level Agreement from time to time in its sole discretion and such updates shall amend and replace Exhibit A.
7.3 Data Backup. The Provider Systems are programmed to perform routine daily data backups as set out in Provider’s backup policy in effect from time to time. Provider will deliver to Customer its then most current back-ups of Customer Data. In the event of any loss, destruction, damage, or corruption of Customer Data caused by the Provider Systems or Services, Provider will, as its sole obligation and liability and as Customer’s sole remedy, use commercially reasonable efforts to restore the Customer Data from Provider’s then most current backup of such Customer Data, provided such limitation shall not apply to any breach of Confidential Information.
7.4 Third-Party Products and Services. Provider may make available through configurations designed to interoperate with third-party products or services such as electronic signature providers. Any acquisition by Customer of such products or services, and any exchange of data between Customer and any third-party provider, product or service is solely between Customer and such third-party and Provider does not guarantee the continued availability of such items.
8. Confidentiality.
8.1 Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of Customer includes Customer Data; Confidential Information of Provider includes the Services, and the terms and conditions of this Agreement and all Order Forms (including pricing). Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without knowledge of any breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. For the avoidance of doubt, the non-disclosure obligations set forth in this Section 8 apply to Confidential Information exchanged between the parties in connection with the evaluation of additional Provider Services.
8.2 Protection of Confidential Information. As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable 867
March 2026 8
care) to (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. Neither party will disclose the terms of this Agreement or any Order Form to any third party other than its Affiliates, legal counsel, and accountants (“Representatives”) without the other party’s prior written consent, provided that a party that makes any such disclosure to its Representatives will remain responsible for such Representative’s compliance with this Section 8. Notwithstanding the foregoing, Provider may disclose the terms of this Agreement and any applicable Order Form to a contractor to the extent necessary to perform Provider’s obligations under this Agreement, under terms of confidentiality materially as protective as set forth herein.
8.3 Compelled Disclosures. If the Receiving Party or any of its Representatives is compelled by applicable law to disclose any Confidential Information then, to the extent permitted by applicable law, the Receiving Party shall: (a) promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights; and (b) provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this Section 8, the Receiving Party remains required by law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that, on the advice of the Receiving Party’s legal counsel, the Receiving Party is legally required to disclose and, on the Disclosing Party’s request, shall use commercially reasonable efforts to obtain assurances from the applicable court or other presiding authority that such Confidential Information will be afforded confidential treatment.
9. Intellectual Property Rights.
9.1 Definitions.
(a) “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. (b) “Resultant Data” means data and information related to Customer’s use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation or improvement of the Services.
9.2 Provider Materials. Subject to the limited rights expressly granted hereunder, all right, title, and interest in and to the Provider Materials, including all Intellectual Property Rights therein, are and will remain with Provider and, with respect to third-party materials, the applicable third-party providers own all right, title, and interest, including all Intellectual Property Rights, in and to the third-party materials. All other rights in and to the Provider Materials are expressly reserved by Provider. In furtherance of the foregoing, Customer hereby unconditionally and irrevocably grants to Provider an assignment of all right, title, and interest in and to the Resultant Data, including all Intellectual Property Rights relating thereto. Customer has the right to access and use applicable content subject to the terms of applicable Order Forms, this Agreement, and the Documentation.
868
March 2026 9
9.3 Customer Materials. Subject to the limited rights expressly granted hereunder, as between Customer and Provider, Customer is and will remain the sole and exclusive owner of all right, title, and interest in and to all Customer Data, including all Intellectual Property Rights relating thereto. Customer grants Provider its Affiliates and applicable contractors a worldwide, limited-term license to host, copy, use, transmit, and display any program code created by or for Customer using a Service or for use by Customer with the Services, and Customer Data, each as appropriate for Provider to provide and ensure proper operation of the Services and associated systems in accordance with this Agreement. Customer grants to Provider and its Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, and make and incorporate into its services any suggestion, enhancement request, recommendation, correction, or other feedback provided by Customer or Authorized Users relating to the operation of Provider’s or its Affiliates’ services.
10. Representations and Warranties.
10.1 Mutual Representations and Warranties. Each party represents and warrants to the other party that: (a) it is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its incorporation or organization; (b) it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; (c) the execution of this Agreement by its representative whose signature is set forth at the end of this Agreement has been duly authorized by all necessary corporate or organizational action of such party; and (d) when executed and delivered by both parties, this Agreement will constitute the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms.
10.2 Additional Provider Warranties. Provider represents, warrants, and covenants to Customer that Provider will perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and will devote adequate resources to meet its obligations under this Agreement. Provider warrants that during the Term (a) this Agreement, the Order Forms and the Documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Data, (b) Provider will not materially decrease the overall security of the Services, and (c) the Services will perform materially in accordance with the applicable Documentation.
10.3 Additional Customer Warranties. Customer represents, warrants, and covenants to Provider that Customer owns or otherwise has and will have the necessary rights and consents in and relating to the Customer Data so that, as received by Provider and processed in accordance with this Agreement, they do not and will not infringe, misappropriate, or otherwise violate any Intellectual Property Rights, or any privacy or other rights of any third party or violate any applicable law.
10.4 DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY
MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SERVICES PROVIDED FREE OF CHARGE, CONTENT AND BETA SERVICES ARE PROVIDED “AS IS,” AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTY WHATSOEVER. FOR THE AVOIDANCE OF DOUBT, IN THE EVENT CUSTOMER HAS ELECTED
TO SUBSCRIBE TO ANY SERVICE, WHICH IS DESIGNED TO PROVIDE RISK RELATED 869
March 2026 10
RECOMMENDATIONS OR SUGGESTIONS, IT IS SPECIFICALLY AGREED BETWEEN THE
PARTIES THAT PROVIDER HAS NO LIABILITY FOR ANY DAMAGES, INCIDENT, LOSS OR OTHER EVENT WHICH MAY OCCUR IN CONNECTION WITH CUSTOMER’S USE OF, OR
FAILURE TO USE ANY INFORMATION OR RECOMMENDATIONS OBTAINED FROM OR GENERATED BY SUCH SERVICE.
11. Mutual Indemnification.
11.1 Definitions.
(a) “Action” means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory, or other, whether at law, in equity, or otherwise; including any claim of infringement or misappropriation of a party’s Intellectual Property Rights.
(b) “Losses” means any and all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.
11.2 Provider Indemnification. Provider shall indemnify, defend, and hold harmless Customer from and against any and all Losses incurred by Customer resulting from any Action by a third party (other than an Affiliate of Customer) that Customer’s use of the Services (excluding Customer Data) in accordance with this Agreement (including the Documentation) infringes or misappropriates such third party’s Intellectual Property Rights. The above defense and indemnification obligations do not apply if (a) the allegation does not state with specificity that the Services are the basis of the claim against Customer; (b) a claim against Customer arises from the use or combination of the Services or any part thereof with software, hardware, data, or processes not provided by Provider, if the Services or use thereof would not infringe without such combination; (c) a claim against Customer arises from Services under an Order Form for which there is no charge; (d) failure to timely implement any modifications, upgrades, replacements, version updates, or enhancements made available to Customer by or on behalf of Provider; or (e) a claim against Customer arises from a Third-Party Systems or Customer’s breach of this Agreement, the Documentation or applicable Order Forms.
11.3 Customer Indemnification. Customer shall indemnify, defend, and hold harmless Provider and its Affiliates, and each of its and their respective officers, directors, employees, agents, successors, and assigns (each, a “Provider Indemnitee”) from and against any and all Losses incurred by such Provider Indemnitee resulting from any Action by a third party (other than an Affiliate of a Provider Indemnitee) arise out of or result from, or are alleged to arise out of or result from: (a) Customer Data, including any processing of Customer Data by or on behalf of Provider in accordance with this Agreement; (b) arising from Customer’s use of the Services in an unlawful manner or in violation of the Agreement, the Documentation, or Order Form; (c) any other materials or information (including any documents, data, specifications, software, content, or technology) provided by or on behalf of Customer or any Authorized User, including Provider’s compliance with any specifications or directions provided by or on behalf of Customer or any Authorized User to the extent prepared without any contribution by Provider; and (d) allegation of facts that, if true, would constitute Customer’s breach of any of its representations, warranties, covenants, or obligations under this Agreement.
870
March 2026 11
11.4 Indemnification Procedure. Each party shall promptly notify the other party in writing of any Action for which such party believes it is entitled to be indemnified pursuant to Section 11.2 or Section 11.3, as the case may be. The party seeking indemnification (the “Indemnitee”) shall cooperate with the other party (the “Indemnitor”) at the Indemnitor’s sole cost and expense. The Indemnitor shall promptly assume control of the defense and shall employ counsel of its choice to handle and defend the same, at the Indemnitor’s sole cost and expense. The Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. The Indemnitor shall not settle any Action unless it unconditionally releases Indemnitee of all liability.
11.5 Mitigation. If any of the Services or Provider Materials are, or in Provider’s opinion are likely to be, claimed to infringe, misappropriate, or otherwise violate any third-party Intellectual Property Rights, or if Customer’s or any Authorized User’s use of the Services or Provider Materials is enjoined or threatened to be enjoined, Provider may, at its option and sole cost and expense: (a) obtain the right for Customer to continue to use the Services and Provider Materials materially as contemplated by this Agreement; (b) modify or replace the Services and Provider Materials, in whole or in part, to seek to make the Services and Provider Materials (as so modified or replaced) non-infringing, while providing materially equivalent features and functionality, in which case such modifications or replacements will constitute Services and Provider Materials, as applicable, under this Agreement; or (c) by written notice to Customer, terminate this Agreement upon 30 days’ written notice and require Customer to immediately cease any use of any such infringing Services upon the date of such notice, provided Customer will be entitled to a refund of any prepaid fees covering the remainder of the term of the terminated subscriptions.
11.6 Sole Remedy. This Section 11 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any third-party claim described in this section.
12. Limitations of Liability.
12.1 EXCLUSION OF DAMAGES. IN NO EVENT WILL EITHER PARTY OR ITS
AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR
ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER
AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY,
EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
12.2 CAP ON MONETARY LIABILITY. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR
RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND ITS
AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT
AND REGARDLESS OF THE THEORY OF LIABILITY BUT WILL NOT LIMIT CUSTOMER'S OR ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER ANY APPLICABLE ORDER FORM, OR LIMIT EITHER PARTY’S: (1) OBLIGATIONS NOT TO INFRINGE ON THE OTHER PARTY’S 871
March 2026 12
INTELLECTUAL PROPERTY RIGHTS, (2) INDEMNIFICATION OBLIGATIONS, OR (3) LIABILITY ASSOCIATED WITH GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
13. Miscellaneous.
13.1 Surviving Terms. The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement: The sections titled “ “Fees and Payment,” “Intellectual Property Rights,” “Confidentiality,” “Disclaimers,” “Mutual Indemnification,” “Limitations of Liability,” “Refund or Payment upon Termination,” “Surviving Terms” “Miscellaneous” and “Free Trial” will survive any termination or expiration of this Agreement, and the section titled “Protection of Customer Data” will survive any termination or expiration of this Agreement for so long as Provider retains possession of Customer Data.
13.2 Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. Each party will be solely responsible for payment of all compensation owed to its employees, as well as all employmentrelated taxes.
13.3 Public Announcements. Provider may, without Customer’s consent, issue or release any announcement, statement, press release, or other publicity or marketing materials relating to this Agreement.
Upon signing the applicable Order Form and this Agreement, Provider may issue a press release announcing the relationship and the manner in which Customer will use the Service.
13.4 Notices. Notices given pursuant to this Agreement, will be deemed effectively given: (a) when received, if delivered by hand, with signed confirmation of receipt; (b) the second business day after mailing if sent by a nationally recognized overnight courier, signature required; (c) except for notices of termination or an indemnifiable claim (“Legal Notices”), which shall clearly be identifiable as Legal Notices, the day of sending by mail.
13.5 Entire Agreement. This Agreement, together with any Order Forms currently in effect, is the entire agreement between Provider and Customer regarding Customer’s use of Services and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. The parties agree that any term or condition stated in a Customer issued purchase order or in any other Customer order documentation (excluding Order Forms) is void. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order Form, (2) this Agreement, and (3) the Documentation. Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement.
13.6 Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety (including all Order Forms), without the other party’s consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns. 872
March 2026 13
13.7 Force Majeure. In no event will either party be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any obligations to make payments), when and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control (a “Force Majeure Event”), including (i) acts of God; (ii) flood, fire, earthquake, or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) government order, law, or actions; (v) embargoes or blockades in effect on or after the date of this Agreement; (vi) national or regional emergency; (vii) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (viii) shortage of adequate power or transportation facilities. Either party may terminate this Agreement if a Force Majeure Event affecting the other party continues substantially uninterrupted for a period of 30 days or more.
In the event of any failure or delay caused by a Force Majeure Event, the affected party shall give prompt written notice to the other party stating the period of time the occurrence is expected to continue and use commercially reasonable efforts to end the failure or delay and minimize the effects of such Force Majeure Event.
13.8 No Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
13.9 Waiver. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.
13.10 Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
13.11 Export Compliance. The Services other Provider technology, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Provider and Customer each represents that it is not on any U.S. government denied-party list. Customer will not permit any Authorized User to access or use any Service in a U.S.-embargoed country or region (currently the Crimea, Russia, Luhansk or Donetsk regions, Cuba, Iran, North Korea, or Syria) or as may be updated from time to time on Provider’s website or in violation of any U.S. export law or regulation.
13.12 Provider Contracting Entity, Notices. The Provider entity entering into this Agreement, the address to which Customer should direct notices under this Agreement, the law that will apply in any dispute or lawsuit arising out of or in connection with this Agreement, and the courts that have jurisdiction over any such dispute or lawsuit, depend on where Customer is domiciled are as stated on the following table:
873
March 2026 14
For Customers domiciled in North America
If Customer is
domiciled in:
The Provider
entity entering into
this Agreement is:
Notices should be addressed to: Governing
law is:
Courts with
exclusive
jurisdiction are:
Any country in
North America
Momentus
Technologies,
LLC
222 S Meramec Ave
Suite 202-1083
St. Louis, MO 63105
Attn: Sales Operations,
with a copy to Attn.: Legal Department
Texas and
controlling
United
States
federal law
Austin, Texas,
U.S.A.
For Customers domiciled in Europe, the Middle East, or Africa If Customer is
domiciled in:
The Provider
entity entering into
this Agreement is:
Notices should be addressed to: Governing
law is:
Courts with
exclusive
jurisdiction are:
Any country
other than France
or the United
Kingdom
Ungerboeck
Systems
International
GmbH
c/o Baker Tilly,
Cecilienallee 6,
40474 Düsseldorf Germany
Attn: Director, EMEA Sales Operations,
with a copy to Attn.: Legal Department
Germany Munich, Germany
United Kingdom Ungerboeck
Systems
International
GmbH
c/o Baker Tilly,
Cecilienallee 6,
40474 Düsseldorf Germany
Attn: Director, EMEA Sales Operations,
with a copy to Attn.: Legal Department
England and
Wales
London, England
France Ungerboeck
Systems
International
GmbH
c/o Baker Tilly,
Cecilienallee 6,
40474 Düsseldorf Germany
Attn: Director, EMEA Sales Operations,
with a copy to: Legal Department
France Paris, France
For Customers domiciled in Asia or the Pacific Region
If Customer is
domiciled in:
The Provider
entity entering into
this Agreement is:
Notices should be addressed to: Governing
law is:
Courts with
exclusive
jurisdiction are:
Asia or the
Pacific Region
Momentus
Technologies Pty
Ltd.
C/O Pitcher Partner Brisbane
Level 38- Central Plaza 1
345 Queen Street
Brisbane, QLD 4000
Attn.: Legal Department
Brisbane,
Queensland,
Australia
Brisbane,
Queensland,
Australia
13.13 Agreement to Governing Law and Jurisdiction. Each party agrees to the applicable governing law listed in the table above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above. Both parties hereby exclude the application of the United Nations Convention on the International Sale of Goods (“CISG”) and any law of any jurisdiction that would apply CISG or terms equivalent to CISG to this Agreement.
874
March 2026 15
13.14 Free Trials. If Customer in an Order Form obtains a free trial or a one-hundred percent (100%) discounted Service, excluding any professional services Provider will make the applicable Service(s) available to Customer on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Customer registered to use the applicable Service(s), or (b) the start date of any paid Service subscriptions ordered by Customer for such Service(s), or (c) termination by Provider in its sole discretion; provided following the end of the free trial period the software subscription shall automatically renew at Provider’s then market rate and be coterminous with all other Services unless notice of termination is provided by Customer 90 days prior to such end date. Additional trial terms and conditions may appear on the trial registration web page, if any, or Order Form and are incorporated into this Agreement by reference and are legally binding. ANY DATA CUSTOMER ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR CUSTOMER, DURING CUSTOMER’S
FREE TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A
SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASES
APPLICABLE UPGRADED SERVICES, OR EXPORTS SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDER SHALL
HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT
TO THE SERVICES FOR THE FREE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE PROVIDER’S LIABILITY
WITH RESPECT TO THE SERVICES PROVIDED DURING THE FREE TRIAL SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, PROVIDER AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE SERVICES DURING THE FREE TRIAL PERIOD
WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE FREE TRIAL PERIOD WILL BE ACCURATE.
13.15 Electronic Signatures. This Agreement may be executed by the manual or electronic signature of a party. Each party agrees that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures, to the extent and as provided for under applicable law. The agreement herein to use electronic signatures is limited to, and solely for, the purpose of executing this Agreement, and does not extend to any other past, current, or future dealings of the parties. A party's signature is only binding when manually or electronically placed directly in the space indicated next to their name in the signature page below. A party's email, text, voicemail, or other electronic communication acknowledging, assenting, or agreeing to the terms of this Agreement, or other favorable response cannot be used to authenticate this Agreement. In particular, the signing of such email, text, or the like will not constitute an electronic signature for purposes of binding the parties to this Agreement.
13.16 Local Law Requirements: France.
With respect to Customers domiciled in France, the following provisions shall be applicable:
(a) Section 10.2 “Additional Provider Warranties” is replaced by the following:
Additional Provider Warranties. During an applicable subscription term (a) this Agreement, the Order Forms and the Documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data, (b) Provider will not materially 875
March 2026 16
decrease the overall security of the Services, (c) the Services will perform materially in accordance with the applicable Documentation, and (d) subject to the “Third-Party Products and Services” section above, Provider will not materially decrease the overall functionality of the Services.
(b) a new Section 13.10.1 is added as follows:
13.10.1 Exclusions. To the extent permitted under applicable law, the provisions of Article 1222 and 1223 of the French Civil Code shall in no event be applicable. (c) a new Section 13.10.2 is added as follows:
13.10.2 Language. The Parties agree that this Agreement and/or any Documentation and other information or policies referenced or attached to this Agreement may be in English.
(d) a new Section 13.10.3 is added as follows:
13.10.3 Independence Towards Third Parties. For the avoidance of doubt, any third parties, including those Customers contracted with to provide consulting and/or implementation services in relation to the Services, are independent of Provider and Provider shall in no event be responsible for their acts or omissions, including when such acts or omissions impact Customer’s use of the Services. (e) In the event of any conflict between any statutory law in France applicable to Customer, and the terms and conditions of this Agreement, the applicable statutory law shall prevail.
13.17 Local Law Requirements: Germany. With respect to Customers domiciled in Germany, Section 10 “Representations and Warranties”, Section 11.6 “Sole Remedy”, and Section 12 “Limitations of Liability” of this Agreement are replaced with the following sections respectively:
10. WARRANTIES FOR CUSTOMERS DOMICILED IN GERMANY
10.1 Agreed Quality of the Services. Provider warrants that during an applicable subscription term (a) this Agreement, the Order Forms and the Documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data, (b) Provider will not materially decrease the overall security of the Services, (c) the Services will perform materially in accordance with the applicable Documentation, and (d) subject to the “Third-Party Products and Services” section above, Provider will not materially decrease the overall functionality of the Services.
10.2 Content. Provider is not designating or adopting content which is publicly available or from a third party as its own and assumes no warranty or liability for such content. The parties agree that the “10.3 Reporting of Defects,” “10.4 Remedies resulting from Defects” and “10.6 Exclusions” section shall apply accordingly to Provider’s responsibility in the event Provider is deemed responsible for such content by a court of competent jurisdiction. 876
March 2026 17
10.3 Reporting of Defects. Customer shall report any deviation of the Services from the “10.1 Agreed Quality of the Services” section (“Defect”) to Provider in writing without undue delay and shall submit a detailed description of the Defect or, if not possible, of the symptoms of the Defect. Customer shall forward to Provider any useful information available to Customer for rectification of the Defect.
10.4 Remedies Resulting from Defects. Provider shall rectify any Defect within a reasonable period of time. If such rectification fails, Customer may terminate the respective Order Form provided that Provider had enough time for curing the Defect. In the “Refund or Payment upon Termination” section, sentence 1 and sentence 3 shall apply accordingly. If Provider is responsible for the Defect or if Provider is in default with the rectification, Customer may assert claims for the damage caused in the scope specified in the “Limitation of Liability” section below.
10.5 Defects in Title. Defects in title of the Services shall be handled in accordance with the provisions of Section 11 “Mutual Indemnification”.
10.6 Exclusions. Customer shall have no claims under this Section 10 “Representations and Warranties” if a Defect was caused by the Services not being used by Customer in accordance with the provisions of this Agreement, the Documentation, and the applicable Order Forms.
11.6 Liability resulting from Indemnification for Customers domiciled in Germany. The below “Limitation of Liability” section shall apply to any claims resulting from this “Mutual Indemnification” section.
12. LIMITATION OF LIABILITY FOR CUSTOMERS DOMICILED IN GERMANY
12.1 Unlimited Liability. The Parties shall be mutually liable without limitation (a) in the event of willful misconduct or gross negligence, (b) within the scope of a guarantee taken over by the respective party, (c) in the event that a defect is maliciously concealed, (d) in case of an injury to life, body, or health, or
(e) according to the German Product Liability Law.
12.2 Liability for Breach of Cardinal Duties. If cardinal duties are infringed due to slight negligence and if, as a consequence, the achievement of the objective of this Agreement including any applicable Order Form is endangered, or in the case of a slightly negligent failure to comply with duties, the very discharge of which is an essential prerequisite for the proper performance of this Agreement (including any applicable Order Form), the parties’ liability shall be limited to foreseeable damage typical for the contract. In all other respects, any liability for damage caused by slight negligence shall be excluded.
12.3 Liability Cap. Unless the parties are liable in accordance with “Unlimited Liability” section above, in no event shall the aggregate liability of each party together with all of its Affiliates arising out of or related to this Agreement exceed the total amount paid by Customer and its Affiliates hereunder for the Services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose. The foregoing limitation will not 877
March 2026 18
limit Customer’s and its Affiliates’ payment obligations under the “Fees and Payment” section above.
12.4 Scope. With the exception of liability in accordance with the “Unlimited Liability” section, the above limitations of liability shall apply to all claims for damages, irrespective of the legal basis including claims for tort damages. The above limitations of liability also apply in the case of claims for a party’s damages against the respective other party’s employees, agents, or bodies.
13.18 Local Law Requirements: Spain. With respect to Customers domiciled in Spain, in the event of any conflict between any statutory law in Spain applicable to Customer, and the terms and conditions of this Agreement, the applicable statutory law shall prevail.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
Momentus Technologies, LLC City of Visalia
By: By:
Name: Name:
Title: Title:
Date: Date:
878
March 2026 19
EXHIBIT A
SERVICE LEVEL AGREEMENT (“SLA”)
The purpose of the Service Level Agreement is to provide each Customer with the expectations for which issues reported to Provider will be captured, logged, reported on, and resolved.
1. Submitting Issues and Monitoring Progress
Customers can create a support ticket and monitor its progress via the Support Center. The URL to the Support Center will be provided by a member of your account team.
2. Initial Response Times
Ticket Severity Target Response
Time
Critical 1 hour
High 4 business hours
Normal 16 business hours
3. Definitions and Response Guidelines
Critical
Definition: Catastrophic impact to mission critical functionality resulting in extremely serious interruptions to the Services.
Examples of Critical Issues include:
Services are down causing users to experience a total loss of Service Inability to use a feature or functionality that is currently relied upon for mission critical and time sensitive functionality that does not have any manual workaround Security of data integrity is severely compromised
Provider Responsibilities for Critical Issues:
Provider hours of operation are 24/7/365 for Critical Issues Provider has a 24x7 commitment until resolution
Provider will provide regular updates to Customer regarding progress towards resolution Customer Responsibilities for Critical Issues:
Enter a ticket through the Support Center ensuring that “Critical Priority” has been chosen at time of ticket submission.
Designate Customer resource(s) to be available 7x24 to work with Provider on resolution Allow Provider to view the error and control your computer using remote connectivity software such as Teams
Provide all the relevant information including, but not limited to:
o a written description of the specific steps to recreate the issue including screen prints o full text copies of all error messages, including information in any Details window o diagnostic window information (click Shift+F9 on any window) o whether this error occurs for all users or only specific users and on all computers or only specific computers
879
March 2026 20
For performance issues, Customers will be asked to provide:
Accurate timing (to the second) with comparison to other machines (if relevant) Hardware specifications of an affected user’s computer (RAM and processor speed)
High
Definition: Significant impact to mission critical functionality resulting in serious interruptions to normal Services. In a production system, mission critical tasks cannot be performed.
Examples of High issues include:
Issues that are impairing mission critical functionality Inability to deploy a mission critical feature and deployment date is imminent and not flexible
Customer shall remain accessible to Provider for troubleshooting from the time a High issue is logged until such time as it is resolved.
Normal
Definition: Low to moderate impact to tasks resulting in interruptions to normal Services. In a production system, day-to-day operations are affected.
Examples of Normal priority issues include:
Problems that partially hinder non-mission critical business processes Instances where business procedures operate unpredictably or inconsistently Gaps in workflows or business processes
A practical workaround is available
Customer will respond to Provider’s requests for additional information and implement recommended solutions in a timely manner.
4. Service Level Guidelines
Providers monthly expected uptime Service Level is 99.9%. This service level only applies to production systems. Downtime refers to periods of time during which the Services cannot be accessed.
Downtime does not include the following:
The period when the Services are not available due to planned downtime Performance or availability issues due to a Force Majeure Event Performance or availability issues that resulted from Customer’s or third-party hardware, software, or services
Performance or availability issues that resulted from actions or inactions of Customer or third parties related to, including but not limited to hardware, machinery, and equipment Performance or availability issues that resulted from actions or inactions of Customer or Customer’s employees, agents, contractors, or vendors or anyone gaining access to Provider’s network by means of Customer’s passwords or system
Performance or availability issues that were caused by Customer’s use of the Services after Provider advised Customer to modify its use of the Services, if Customer did not modify its use as advised
Intermittent periods of Downtime that are ten minutes or less in duration 880
March 2026 21
Performance or availability issues due to trial offers, early adopter programs and/or demos (as determined by Provider).
5. Exclusions
Technical service projects, custom reports and API support are not covered under this SLA. Customers may purchase enhanced support or additional Services that could cover these items or customers may request a paid engagement to cover these incidents.
6. Regular Business Hours
Provider’s local support teams are available at the following times:
North America: Monday through Friday, 8:00 a.m. to 5:00 p.m. US Central Standard Time (CST)
Europe: Monday through Friday, 8:00 a.m. - 5:00 p.m. Central European Time (CET) Asia-Pacific: Monday through Friday, 8:00 a.m. - 5:00 p.m. Australian Eastern Standard Time (AEST)
Support for non-critical issues is not offered outside of regular business hours. However, support is available 24/7 for Critical Issues. Issues handled outside the local office hours will be in English only.
7. Scope of Maintenance Service
“Maintenance Service” is defined as access to upgrades, corrections, and technical operating assistance for all licensed Services. Other services, including, but not limited to, those listed below are considered outside the scope of Maintenance Service:
Any customization of the application not included in the base offering whether by a third- party or Provider Software or any resulting complication or issue from said customization Any customization outside of the application that accesses the Provider Software database such as custom reports, custom interfaces, BI tools, etc. whether by a third-party or Provider Software or any resulting complication or issue from said customization Any direct modification of the data contained in the Provider Software database or any resulting complication or issue from said direct modification
Any direct modification of the database schema whether by the addition of columns within Provider Software-supplied tables, the addition of tables, triggers, stored procedures, or indexes outside the scope of the Provider Software-supplied schema or any resulting complication or issue from said direct modification
Any application performance issue regardless of potential cause when the application is installed outside the Provider Hosting environment
Any issue of any type encountered in a version of the application that is past its Mainstream Support date
Any issue of any type encountered using hardware that does not meet the current published technical guidelines
For assistance outside the scope of maintenance service, Provider reserves the right to charge the customer for the time spent
8. End of Support
From time to time, Provider may discontinue support for older versions of the Services. Customers on unsupported versions will receive support only after migrating to a supported version.
881
March 2026 22
9. Third Party Tools and Integration
Customers will be asked to turn off third party tools and integrations when troubleshooting issues including but not limited to performance related issues. 882
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0876 Agenda Date: 6/15/2026 Agenda #: 30.
Agenda Item Wording:
Planning Commission reappointments and recruitment process confirmation - Recommendation to reappoint Mary Beatie, Kris Bruce, and Charlie Norman and confirm recruitment process for a pending vacancy.
Agenda Date: 06/15/2026
Prepared by:
Reyna Rivera, Chief Deputy City Clerk [email protected], (559) 713-4512; Leslie B. Caviglia, City Manager, [email protected], (559) 713-4332 Department Recommendation: It is recommended that the Visalia City Council reappoint Kris Bruce to serve her first full term on the Planning Commission, Charlie Norman to serve a second term, and Mary Beatie to serve a fourth term. The terms would commence on July 1, 2026, and expire on June 30, 2028.
However, Mr. Norman has submitted his resignation effective upon the appointment of his successor.
Therefore, staff also recommends that the City Council confirm the current recruitment process to fill the forthcoming vacancy on the Planning Commission.
Summary:
Ms. Beatie, Ms. Bruce, and Mr. Norman have been engaged Commissioners with strong attendance records. As the City prepares to undertake a General Plan update in the coming year, retaining Commissioners with planning experience and community knowledge will provide valuable continuity and perspective. While some transition is expected during the General Plan process, maintaining experienced Commissioners through the majority of the update will help support informed discussion and consideration of the complex issues associated with a comprehensive General Plan update.
As noted above, Mr. Norman has submitted his resignation, effective upon the appointment of his successor. Staff is therefore recommending his reappointment with the understanding that he will continue serving until a replacement is appointed and available to attend meetings, helping to ensure the Commission maintains a quorum and continuity of operations.
Staff has initiated a recruitment process to fill the forthcoming vacancy. All qualified new applications, along with any qualified applications currently on file, will be eligible to be interviewed. Interviews for the Planning Commissioner vacancy are expected to be held June 29, 2026.
Background Discussion:
The Planning Commission consists of five members appointed by the City Council. Commissioners serve two-year terms and are responsible for advising the City Council on matters related to land use, planning, zoning, and community development.
The terms of Mary Beatie, Kris Bruce, and Charlie Norman expire on June 30, 2026. Ms. Bruce was appointed by the City Council in September 2025 to fill an unexpired term resulting from a vacancy Visalia City Council Page 1 of 2 Printed on 6/12/2026
powered by Legistar™883
File #: 25-0876 Agenda Date: 6/15/2026 Agenda #: 30.
appointed by the City Council in September 2025 to fill an unexpired term resulting from a vacancy on the Commission. That unexpired term concludes on June 30, 2026, and staff is recommending her appointment to a full two-year term beginning July 1, 2026.
Mr. Norman has submitted his resignation effective upon the appointment of his successor. To ensure continuity of Commission operations and maintain a quorum during the recruitment process, staff recommends his reappointment until a replacement is selected by the City Council and is available to attend meetings.
Pursuant to the City Charter, the Planning Commission is responsible for the following:
(a) Recommend to the Council, after a public hearing thereon, the adoption, amendment, or repeal of a General Plan or any part thereof for the physical development of the City. (b) Exercise such functions with respect to land subdivisions, planning, and zoning as may be prescribed by ordinance or resolution.
(c) Perform such other duties relating to planning and zoning as the Council may require by ordinance or resolution.
Fiscal Impact including annual maintenance and operating costs: N/A Prior Council Action: N/A
Alternatives: Provide alternative direction to staff.
Recommended Motion (and Alternative Motions if expected):
I move to reappoint Mary Beatie, Kris Bruce, and Charlie Norman to serve on the Planning Commission for a term beginning July 1, 2026 and ending June 30, 2028, and confirm the recruitment process for Mr. Norman’s pending vacancy.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/30/2026
Attachments: Applications for Mr. Norman, Ms. Bruce and Ms. Beatie.
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 Page 2 of 2 Printed on 6/12/2026
powered by Legistar™884
885
886
887
888
889
890
891
892
893
894
895
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0878 Agenda Date: 6/15/2026 Agenda #: 31.
Agenda Item Wording:
Approve a Change Order for a Blower Rental - Approve change order no. 3 with Aerzen Rental Solutions in the amount of $153,744.65 for five additional 28-day rental periods of an Aerzen blower and authorize the budget transfer of $153,744.65 from within the Wastewater Fund.
Agenda Date: 06/15/2026
Prepared by:
Ben Litwack, Public Works Manager, [email protected], 559-713-4671 Nick Bartsch, Public Works Director, [email protected], 559-713-4052 Department Recommendation: Staff recommends that Council approve Change Order No. 3 to Purchase Order P04375 with Aerzen Rental Solutions in the amount of $153,744.65 for five additional 28-day rental periods and authorize the related budget transfer within the Wastewater Fund.
Summary:
Staff is requesting approval of Change Order No. 3 to continue renting an Aerzen blower used to maintain adequate aeration capacity at the Visalia Water Reclamation Facility while permanent blower repairs are completed. The Change Order Committee approved the request on June 3, 2026, and the item is now being brought to City Council for approval at the June 15, 2026 meeting. The change order covers five 28-day rental periods, which will provide rental coverage through the end of July 2026, and Aerzen Rental Solutions will prorate the final invoice or issue a refund if the rental unit is returned earlier than anticipated.
Background Discussion:
Project EQ0280 authorized the rental of an Aerzen blower from Aerzen Rental Solutions (A separate entity from Aerzen USA) to maintain adequate aeration capacity at the Visalia Water Reclamation Facility (WRF) while multiple permanent blowers were out of service due to variable frequency drive (VFD) failures. The rental unit has been critical to sustaining dissolved oxygen levels necessary to meet the WRF's nitrogen and biochemical oxygen demand (BOD) permit requirements.
Following Change Order Nos. 1 and 2, staff anticipated that the repaired inverter would allow the affected permanent blower to return to service. However, the repaired inverter failed five days after installation, requiring continued use of the rental blower.
Aerzen has proposed installation of a new style of inverter to replace the failed repaired unit.
Because the new inverter must be converted to fit the City's older blower units, additional time is needed for delivery, conversion, installation, and testing. The new inverter is expected to arrive in late June, and installation is expected to be complete by early July.
Visalia City Council Page 1 of 3 Printed on 6/12/2026
powered by Legistar™896
File #: 25-0878 Agenda Date: 6/15/2026 Agenda #: 31.
Continued operation of the rental unit is necessary to maintain regulatory compliance and avoid operational risks associated with insufficient aeration capacity while the permanent blower remains offline. Staff intends to retain the rental unit for approximately one week after the new inverter is installed so the permanent blower can be tested and verified for reliable operation before the rental unit is returned.
The Aerzen blowers have required significant maintenance and replacement parts over the past several years. Due to recurring reliability concerns, staff intends to seek replacement of the Aerzen blower units with APG Neuros units in the future. The WRF currently uses Neuros blowers for agitation air in the membrane bioreactor, and those units have had relatively few issues.
Fiscal Impact including annual maintenance and operating costs: An error on the original Change Order Committee form indicated that $153,744.65 would cover an additional 4 months of rent. Change Order No. 3 will authorize five additional 28-day rental periods in the amount of $153,744.65. To cover the cost of Change Order No. 3, staff is requesting that $153,744.65 be transferred from within the Wastewater Fund (431) Capital Budget from CP9768 to EQ0280.
The original purchase order was issued on September 23, 2025 in the amount of $82,530. Council approved Change Order No. 1 on December 15, 2025 in the amount of $56,680 for two additional months of rental. Change Order No. 2 was approved in the amount of $61,497.86 for two additional months of rental, and staff requested a transfer of $72,055.71 from CP9768 to EQ0280 to cover Change Order No. 2 and accrued sales tax added for the original purchase order and Change Order No. 1. It is anticipated that the total purchase order will not exceed $365,010.16 following approval of Change Order No. 3.
There are no additional annual maintenance or operating costs associated with this action. While the rental is billed in advance, Aerzen Rental Solutions will prorate charges if the unit is returned early, resulting in a refund or reduced final billing to offset the cost of any advance payments.
Prior Council Action:
December 15, 2025: Approved Change Order 1 to P04375
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I move to approve Change Order No. 3 to Purchase Order P04375 with Aerzen Rental Solutions in the amount of $153,744.65 for five additional 28-day rental periods and authorize the related budget transfer within the Wastewater Fund.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments:
Approved CO#3 - P04375
Visalia City Council Page 2 of 3 Printed on 6/12/2026
powered by Legistar™897
File #: 25-0878 Agenda Date: 6/15/2026 Agenda #: 31.
P04375
Rental Quote
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 Page 3 of 3 Printed on 6/12/2026
powered by Legistar™898
899
900
901
902
903
904
905
906
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0880 Agenda Date: 6/15/2026 Agenda #: 32.
Agenda Item Wording:
Ordinance Adoption - Second reading and adoption of Ordinance No. 2026-04 to amend Visalia Municipal Code Title 16 (Subdivisions) to implement a streamlined process for small and simple maps, citywide.
Agenda Date: 06/15/2026
Prepared by:
Jarred Olsen, AICP, Principal Planner, [email protected], (559) 713-4449 Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025
Department Recommendation: Staff recommends that the Visalia City Council conduct a second reading and adopt Ordinance No. 2026-04 amending Visalia Municipal Code Title 16 (Subdivisions).
Summary:
On June 1, 2026, the City Council held a public hearing to consider Ordinance No. 2026-04, which seeks to streamline the subdivision review and approval process for small and simple maps.
No persons spoke in opposition at the City Council meeting, and Council voted (4-0) to conduct the first reading of and to introduce Ordinance No. 2026-04 with a 160-lot threshold.
The second reading of the ordinance is the final action the City Council takes in order for Ordinance No. 2026-04 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the ordinance.
Background Discussion:
This request, to amend the Subdivision Ordinance to streamline small and simple maps, was initiated by the Council on March 2, 2026. Consistent with the City’s General Plan’s Housing Element Policy
5.8, which states, “The City shall work to remove governmental constraints to housing development” staff has identified a potential avenue to reduce governmental constraints to housing developments by streamlining the subdivision process. Qualifying maps that meet applicable City of Visalia standards would have a presumption of approval and could be approved by City staff. The public would still be notified of the proposed maps, have the opportunity to review the proposed maps, and submit comments or objections to the maps, but there would not be a public meeting to consider adoption. Written findings describing the basis for the approval would be required and those written findings would be made publicly available. Members of the public would also be able to file an appeal of the decision approving the map. Map appeals would be required to be held at a public meeting. 20% Lots Calculation:
Based on input received from the Council, staff evaluated the lot count necessary to capture Visalia City Council Page 1 of 4 Printed on 6/12/2026 powered by Legistar™907
File #: 25-0880 Agenda Date: 6/15/2026 Agenda #: 32.
Based on input received from the Council, staff evaluated the lot count necessary to capture approximately 20 percent of total lots processed. This analysis indicates that approximately 1,263 lots (20 percent) would need to be included. The closest practical breakpoint identified in the data would be a 160-lot threshold, which captures approximately 1,227 lots (19 percent) across those past projects. This would increase the number of maps that would have been subject to Subdivision Streamlining Ordinance (SSO) from 10 maps (based on an 80-lot threshold) to 17 maps (based on a 160-lot threshold). Despite the lot percentage being tripled, the lot count threshold would only be doubled, and would equate to around 1.7 maps per year that would qualify under an SSO.
Public Outreach:
On April 16, 2026, staff met with members of the Building Industry Association of Tulare and Kings Counties to discuss the proposed streamlining ordinance. Questions asked revolved around the rationale for an 80-unit threshold. Reception was naturally overwhelmingly positive, and support to increase the 80-unit threshold was met with positive comments.
Project Analysis:
Table 3 below briefly summarizes the changes that are proposed in relation to the chapter of the Subdivision Ordinance proposed to be modified.
Table 3. Summary of Proposed Subdivision Ordinance
Changes
Chapter No., Title Changes
16.04, General Provisions · Tentative map responsibilities between Planning Commission and City Manager (or their designee) are divided based on the proposed small and simple maps threshold. · Urban lot splits and small lot subdivision approvals are assigned to the City Planner, in addition t granting time extension for tentative maps. · A review authority tabl added based on the application type for quicker understanding of ro and responsibilities.
16.08, Definitions · Definitions are added to reflect new terms used in relation to urba splits and small lot developments.
16.12, Design and
Construction Standards
· References to the decision making body/official are generalized to reduce confusion.
16.16, Tentative Subdivision
Maps
· This chapter title was revised to simply reference Tentative Maps, which are planning documents used to either create a Subdivision M or Parcel Map. · The timing of when staff reports are sent out for sm and simple maps was revised. · The hearing and noticing procedur for small and simple maps was revised. The departmental practice noticing Planning Commission hearings in the newspaper was adde Duplicative procedure discussions revolving around exceptions and variances were removed.
16.17, Urban Lot Splits · This is a new chapter designed to accommodate two-lot subdivisio proposed under SB 9 (2021).
16.18, Small Lot Subdivision · This is a new chapter designed to accommodate small lot subdivis proposed under SB 683 and SB 1123.
16.20, Vesting Tentative
Maps 16.24, Final Maps
· Minor revisions are made consistent with changes above.
16.28, Parcel Maps · This chapter was revised to consolidate language with Tentative M Visalia City Council Page 2 of 4 Printed on 6/12/2026
powered by Legistar™908
File #: 25-0880 Agenda Date: 6/15/2026 Agenda #: 32.
noticing Planning Commission hearings in the newspaper was adde Duplicative procedure discussions revolving around exceptions and variances were removed.
16.17, Urban Lot Splits · This is a new chapter designed to accommodate two-lot subdivisio proposed under SB 9 (2021).
16.18, Small Lot Subdivision · This is a new chapter designed to accommodate small lot subdivis proposed under SB 683 and SB 1123.
16.20, Vesting Tentative
Maps 16.24, Final Maps
· Minor revisions are made consistent with changes above.
16.28, Parcel Maps · This chapter was revised to consolidate language with Tentative M to focus primarily on the preparation and process of Parcel Maps (th Final Map of 4-lot subdivisions.) · Minor revisions are made with res to processing (e.g. electronic copies)
16.32, Lot Line Adjustments · Minor revisions are made consistent with changes above.
Internally-conflicting language is removed.
16.48, Environmental Impact
Mitigation
· This section revolved around mitigating school overcrowding. Sen Bill 50, adopted in 1998, limits the City and the school district’s abili mitigate a development’s contribution to school overcrowding to the payment of development impact fees. This section is no longer nee and is proposed to be removed.
Planning Commission Public Hearing: The Planning Commission, at their May 11, 2026 meeting, voted unanimously to recommend approval of the proposed ordinance amendment with an 80-lot threshold rather than the staff-recommended 160-lot threshold. Several Planning Commissioners stated concerns over larger subdivision approvals without assessing the effect of a smaller threshold, hasty approvals, and a lack of checks and balances. No other individuals spoke on the item.
Fiscal Impact including annual maintenance and operating costs: None at this time. If the ordinance is adopted, staff anticipates operational cost savings on a per-application basis. The streamlining measure could encourage the submittal of more applications, increasing department revenue.
Prior Council Action:
· On June 1, 2026, the City Council voted to conduct the first reading of Ordinance No. 2026-04, identifying a 160-lot threshold.
· On March 2, 2026, the City Council voted to initiate this subdivision ordinance amendment, with direction to also look into streamlining potentially more projects.
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
I move to approve the second reading and adopt Ordinance No. 2026-04, amending Visalia Municipal Code Title 16 (Subdivisions) implementing a streamlined process for small and simple maps, citywide.
Environmental Assessment Status: N/A
CEQA Review: The requested action would be considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). The proposed subdivision ordinance would not create a ministerial process. A Notice of Exemption has been prepared for the Visalia City Council Page 3 of 4 Printed on 6/12/2026
powered by Legistar™909
File #: 25-0880 Agenda Date: 6/15/2026 Agenda #: 32.
ordinance would not create a ministerial process. A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that the project is exempted from CEQA if the activity is covered by a common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Deadline for Action: N/A
Attachments:
Exhibit “A” - Ordinance No. 2026-04
Exhibit “B” - Additional maps that would have subject to SSO under a 160-lot threshold Exhibit “C” - Map of SSO-Eligible Sites
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 Page 4 of 4 Printed on 6/12/2026
powered by Legistar™910
ORDINANCE NO. 2026-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING TITLE 16 (SUBDIVISIONS) OF THE VISALIA MUNICIPAL CODE PERTAINING TO A
STREAMLINED APPROVAL PROCESS AND TO ESTABLISH PROCEDURES FOR
URBAN LOT SPLITS AND STARTER HOME SUBDIVISIONS
WHEREAS, this ordinance amendment, as depicted in Exhibit “A” (“Ordinance”), is a request by the City of Visalia (“City”) to add to and amend regulations within the Visalia Municipal Code Title 16 (Subdivisions) pertaining to streamlining simple maps, and the ministerial approval of urban lot splits, and starter home subdivisions; and, WHEREAS, this ordinance amendment, as depicted in Exhibit “A”, includes ordinances to implement the starter home subdivision provisions of the Starter Home Revitalization Act of 2021 (Chapter 8 of Division 2 of Title 7 of the California Government Code) and the urban lot split provisions of Senate Bill 9 (2021); and, WHEREAS, as required by California law, the City has prepared an update (i.e., 6th Cycle Update) to its Housing Element to reflect the current Regional Housing Needs Allocation (RHNA) cycle of 2023-2031; and,
WHEREAS, Policy 5.8 adopted in the Housing Element is to work to remove governmental constraints to housing development; and,
WHEREAS, the City has initiated a subdivision ordinance amendment to update its existing ordinance pertaining to (1) streamline the decision-making process of simple subdivisions and (2) ministerial approvals of starter home subdivisions and urban lot splits; and,
WHEREAS, the Planning Commission of the City (“Planning Commission”), after duly published notice, held a public hearing before said Commission on May 11, 2026; and,
WHEREAS, the Planning Commission recommended approval of the Ordinance as presented in Exhibit “A”; and,
WHEREAS, the Planning Commission recommended that the City Council of the City of Visalia (“City Council”) find that the project is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 66411.7(n), 66499.41(i), and California Code of Regulations Section 15061(b)(3) which exempts ordinances implementing Senate Bill 9 (2021) and the Starter Home Revitalization Act of 2021, as the proposed zone text amendment will not in and of themselves have an effect on the environment and recommended that the City Council approve the ordinance amendment; and,
WHEREAS, the City Council, after duly published notice, held a public hearing before said City Council on June 1, 2026, and introduced said Ordinance for first reading on that date; and,
911
WHEREAS, the City Council held a second reading of said Ordinance on June 15, 2026; and,
NOW, THEREFORE, BE IT RESOLVED that the project is exempt from further environmental review pursuant to Government Code Sections 66411.7(n), 66499.41(i), and California Code of Regulations Section 15061(b)(3).
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that:
1. Ordinance No. 2026-04 is consistent with the General Plan.
2. Adopting Ordinance No. 2026-04 is in the best interest of the City of Visalia.
3. Ordinance No. 2026-04, is approved, as contained in Exhibit “A” of this Ordinance.
Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Effective Date. This Ordinance shall take effect thirty days after its adoption.
Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 912
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 2026-04 passed and adopted by the Council of the City of Visalia at a regular meeting held on _______________________, and certify a summary of this ordinance will be published in a newspaper of general circulation.
Dated: _______________________ LESLIE CAVIGLIA, CITY CLERK By Reyna Rivera, Chief Deputy City
Clerk
913
EXHIBIT “A”
Ordinance No. 2026-04
Section 1. Visalia Municipal Code Title 16 (Subdivisions) is hereby amended to read as follows, as specified by underline and italics for additions and strikeout for deletions:
Title 16
SUBDIVISIONS
Chapters:
16.17 Urban Lot Splits
16.18 Starter Home Subdivisions
16.48 Environmental Impact Mitigation[Reserved.]
Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.035 Review authorities for subdivision decisions.
16.04.010 Authority for local regulations.
This title is enacted pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, referred to herein as the Subdivision Map Act, and may be referenced as the Subdivision Ordinance.
16.04.030 Responsibilities.
A. City Attorney. The city attorney shall be responsible for approving as to form all subdivision improvement agreements and subdivision improvements securities.
B. City Council. The City Council shall have final jurisdiction in the approval of final maps if the acceptance of land and improvements is proposed for dedication to the city.
C. City Engineer. The city engineer or his/her designee shall be responsible for:
1. Establishing design and construction details, standards and specifications;
2. Determining if proposed subdivision improvements comply with the provisions of this title and the Subdivision Map Act and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map to the city planner;
914
3. The processing and checking of final maps, parcel maps, reversion to acreage maps, amended maps, subdivision improvement plans, lot line adjustment maps, mergers and certificates of compliance;
4. The inspection and approval of subdivision improvements;
5. The approval of private subdivision improvements (improvements not to be maintained by the city).;
6. Determine that all public facilities and improvements required of land divisions are adequate and provided pursuant to City standards.
D. Planning Commission. The Planning Commission is the designated official body charged with the duty of conducting public hearings, making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, and shall approve, conditionally approve or disapprove tentative maps other than simple maps, notwithstanding tentative maps whose approval requires the certification of an Environmental Impact Report.
E. City Planner. The city planner shall be responsible for:
1. Investigating proposed subdivisions tentative maps and parcel maps for conformity to the general plan, specific plans, and zoning ordinances of the city and reporting his finding together with recommendations for approval, conditional approval, or disapproval to the Planning Commission Review Authority;
2. Examining and certifying that final maps and parcel maps in which a tentative map was required are in substantial conformance to the approved or conditionally approved tentative map.
3. Approving or denying urban lot splits and starter home subdivisions;
4. Approving, conditionally approving, or disapproving time extensions for tentative maps.
F. Site Plan Review Staff. The Site Plan Review Staff shall be responsible for the review of tentative parcel maps, tentative subdivision maps, vesting tentative subdivision maps, and vesting tentative parcel maps and shall provide the subdivider, City Planner, and the Planning CommissionReview Authority with the committeestaff's comments, and requirements for conformance to city ordinances and policies.
G. Subdivider. The subdivider shall prepare maps consistent with the standards contained herein, design public improvements consistent with the public improvement standards of the city, and shall process said maps in accordance with the regulations set forth herein.
H. City Manager. The City Manager or their designee shall be the designated official charged with the duty of conducting hearings, making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, and shall approve, conditionally approve or disapprove simple maps.
915
16.04.035 Review authorities for subdivision decisions.
Table 16.04.035 identifies the Review Authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Subdivision Ordinance. Any reference to a City official or authority shall include their authorized representative(s). Authorities referenced below with respect to a certain type of application as “Appeal” shall be considered an Appeal Body. 916
Table 16.04.035: Review authorities for subdivision decisions Type of Subdivision
Application
Role of Review Authority
City Planner City
Engineer
Site Plan
Review Staff
City Manager Planning
Commission
City Council
Nonresidential
Tentative Maps
Simple maps Advise Advise Advise Decision Appeal Appeal All other tentative
maps
Advise Advise Advise Decision Appeal
Residential
Tentative Maps
Simple maps Advise Advise Advise Decision Appeal Appeal All other tentative
maps
Advise Advise Advise Decision Appeal
Urban lot splits Decision Advise Advise Appeal
Starter home
subdivisions Decision Advise Advise Appeal
Condominium
Conversions Advise Advise Advise Decision Appeal
Final and Parcel
Maps Advise Advise Decision
Time Extensions Decision Advise Appeal
Lot Line
Adjustments Decision Advise Appeal
917
16.04.040 Appeals.
A. The subdivider or any interested person adversely affected may, upon payment of an appeal fee as may be established by resolution of the City Council, appeal any decision, determination, or requirement of the Review Authority Planning Commission by filing a notice thereof in writing with the city clerk, setting forth in detail the action and the grounds upon which the appeal is based within ten (10) days after the action that is the subject of the appeal. Such notice shall state specifically where it is claimed there was an error or abuse of discretion by the Review Authority Planning Commission.
B. Upon the filing of an appeal, the Appeal Body City Council shall set the matter for hearing. Such hearings shall be held within thirty (30) days after the date of filing the appeal or receipt of council member request. City clerk shall give notice of the hearing according to the procedure required for the initial action by the Planning Commission, except that the timing of such notice shall be no less than ten (10) days before the hearing date.
C. In holding the hearing on the matter, the council Appeal Body may receive any and all information pertinent to the matter, regardless of whether such information was first presented to the Planning CommissionReview Authority. In the case of decisions by the Planning CommissionReview Authority that followed a public hearing, the City CouncilAppeal Body shall hold a new public hearing on the matter.
D. Upon the close of the hearing, the Council Appeal Body shall vote to either:
1. cConfirm the decision of the Planning CommissionReview Authority;,
2. oOverturn the decision;
3. cConfirm the decision with modifications; or,, and the Council may c
4. Continue the item to the next meeting if necessary to direct staff to prepare a conforming resolution with findings, which shall be considered by the Council Appeal Body at their next scheduled Council meeting.
In the case of tentative maps, the Council may also take any action identified in Section 16.16.120. Planning Commission.
16.04.050 Exceptions.
A. Petition. The Planning CommissionReview Authority may authorize conditional exceptions to any of the requirements and regulations set forth in this title. Application for any such exception shall be made by a petition of the subdivider stating fully the ground of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision and shall be on a form provided by the city. The application shall be accompanied by a fee as set forth from time to time by resolution of the City Council.
B. Findings.
918
1. In order for the property referred to in the petition to come within the provision of this section, it shall be necessary that the Planning CommissionReview Authority make the following findings:
a. That there are special circumstances and conditions affecting this property; b. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
c. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.
2. In approving such exceptions the Planning CommissionReview Authority shall secure substantially the objectives of the regulations to which exceptions are requested, and shall act to protect the public health, safety, convenience and general welfare.
3. In approving any exception under the provisions of this section, the Planning CommissionReview Authority shall report its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and conditions designated.
16.04.080 Planned unit developments.
Where, in accordance with provisions of the zoning ordinance, a use permit has been granted authorizing a planned unit development on the land or a portion of the land proposed to be subdivided, the plan of the subdivision shall conform with the plan of the planned unit development as approved by the Planning Commission and City CouncilReview Authority. Exceptions to the subdivision regulations that are necessary to execute the planned unit development as approved by the Planning Commission and City Council may be authorized by the Planning CommissionReview Authority in accordance with the provisions of Section 16.04.050.
16.04.085 School site dedications and reservations.
A. In considering the approval or the conditions of approval of a parcel map or subdivision map, as those terms are defined in the Subdivision Map Acttentative map, the City Council or the Planning CommissionReview Authority may require the reservation or dedication of school sites in a manner that is consistent with the provisions of Government Code sections 66478 and 66479, provided that the council or the commission, as the case may be,Review Authority is able to determine that the conditions enumerated in those sections, as they may from time to time be amended, are applicable to the proposed subdivision map or parceltentative map.
B. The planning and community preservation director, in cooperation with the official designated by the Visalia Unified School District, shall develop and keep in place a policy establishing the manner in which this section shall be implemented by the City Planner and his or her designees. Such policy shall be established at the discretion of 919
the City Planner, provided the policy is consistent with the Government Code sections 66478 and 66479.
Chapter 16.08
DEFINITIONS
16.08.010 Definitions.
A. The following definitions shall be used to define words or phrases in this title.
Whenever any words or phrases used in this title are not defined herein, but are defined in the Subdivision Map Act or in Title 17 (Zoning Ordinance), such definitions are incorporated herein and shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention.
A person “acting in concert with the owner” means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided. “Adjacent parcel” means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.
“Appeal Body” means the Planning Commission in the event of an appealed decision of the City Manager or City Planner, or the City Council in the event of an appealed decision of the Planning Commission.
"Arterial streets" means streets intended to provide the majority of the city's traffic carrying capacity; provides connections to the freeway system and to collector streets; provides access to major travel generators; typically designed with four lanes for through traffic, two parking/transit/right-turn lanes, and a median with single left-turn lane at intersections.
"Block" means the area or parcels of land that is entirely bounded by subdivision boundaries, streets, highways or railroad tracks, excepting alleys. “Car share vehicle” means a motor vehicle that is operated as part of a regional fleet by a public or private care sharing company or organization and provides hourly or daily service.
"Collector streets" means streets intended to provide connectivity between local streets and the arterial street system; also provides access to adjacent land uses; typically designed with two lanes for through traffic, two parking/transit lanes and a median for left-turn access.
920
“Common ownership or control” means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.
"Condominium" means an estate in real property consisting of an undivided common interest in a parcel of real property together with a separate interest of space in a residential, industrial or commercial building on such real property. A condominium may include, in addition, a separate interest in other portions of such real property.
Apartment cooperatives shall be defined as condominiums. "Conversion" means the creation of separate ownership of existing real property together with a separate interest in the space of a residential, industrial or commercial building.
"Design" means street alignments, grades and widths; drainage and sanitary facilities, and utilities, including alignments and grades; location and widths of all required easements and right-of-ways; access drives and pedestrian ways; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational uses; and such other specific requirements as necessary to conform to the general plan or any adopted specific plan.
"Environmental impact report" means an informational document which, when its preparation is required, shall be considered by every public agency prior to its approval or disapproval of a project. The purpose of an environmental impact report is to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives to such a project, as specified in Section 21100 of the California Environmental Quality Act.
“Extremely low-income household” has the meaning set forth in Health & Safety Code Section 50106.
"Freeways" means streets intended exclusively for movement of high volumes of inter-city, regional, and longer local trips at high speeds. "General Plan" means the general plan of the City of Visalia and any amendment thereto.
"Improvement" means and includes street construction, storm drainage facilities, utilities, culverts, landscaping, sanitary sewer facilities, traffic control devices and other facilities as necessary for the general use of the owners in the subdivision and local neighborhood traffic.
“Improvement, private” means an improvement not maintained by the City of Visalia. "Local streets" means streets intended exclusively to provide access to adjacent land uses; typically designed with two through lanes with parking on both sides. 921
"Lot" means a parcel of land separated from other parcels of land as the result of a recorded subdivision map or parcel map.
"Lot line adjustment" means an adjustment of the lot line between four (4) or fewer adjoining parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the city planner. “Lower-income household” has the meaning set forth in Health & Safety Code Section 50079.5.
"Major arterial streets" means streets intended to provide a high level of capacity in selected high volume corridors; provides connections to the freeway system and to collector streets; provides access to major travel generators; typically designed with six lanes for through traffic, a parking/transit/right-turn lane, and a median with dual left-turn lanes at intersections.
"Merger" means the joining of two or more contiguous parcels of land, under one ownership, into one parcel.
“Moderate income household” has the meaning set forth in Health & Safety Code Section 50093.
“Net habitable square feet” has the meaning set forth in Government Code Section 66499.41(a)(6).
"Parcel map" means a map prepared to divide or consolidate in accordance with the provisions of this title and the map act.
“Planning and community preservation director” means the individual appointed by the City Manager to serve as the head of the City department responsible for planning, zoning, and subdivision functions, or such successor position or title as may be established by the City Manager or City Council, and includes any authorized designee of such individual.
“Qualified urban use” has the meaning set forth in Public Resources Code Section 21072.
"Reversion to acreage" means a map prepared for the purpose of reverting to acreage land previously subdivided.
“Review Authority” means the advisory agency responsible for deciding on the respective application as determined under Sections 16.04.030 and 16.04.035. “Simple maps” means a tentative map that is any of the following:
1. Nonresidential tentative maps that do not otherwise require the recommendation or approval of another permit from Planning Commission or an exception to this Subdivision Ordinance.
922
2. Residential tentative maps equal to or less than 160 units or 160 lots for residential purposes whose overall approval does not require the recommendation or approval of Planning Commission or an exception to this Subdivision Ordinance. “Specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date that a housing development project application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
“Starter home subdivision” means a parcel map or tentative map for a housing development project that complies with the provisions of California Government Code section 66499.41.
"Street" means a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, which afford the principal means of access to abutting land. "Street" includes streets, avenues, courts, drives, parkways, ways, or lands. "Subdivider" means a person, firm, corporation, partnership, or associate who causes to be divided real property into a subdivision for himself, herself, or for others; except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.
"Subdivision" means the division of any improved or unimproved contiguous land for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined herein or in Section 1350 of the Civil Code or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels.
Subdivision does not include:
1. Buildings divided into apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks for the purpose of lease or financing;
2. Land divided by mineral, oil, or gas leases;
3. Land dedicated for cemetery purposes under the Health and Safety Code of the State of California.
"Subdivision improvement standards" means standard details, standard specifications, and other standards approved by the City Council shall govern the improvements to be constructed pursuant to this title and Subdivision Map Act. "Subdivision Map Act" means the latest edition of the Subdivision Map Act of the state of California.
923
“Substantially surrounded” has the meaning set forth in Public Resources Code section 21159.25.
“Sufficient for separate conveyance” means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code section 4100 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.
"Tentative map" means and refers to a map made for the purpose of showing the design of a proposed subdivision or parcel map and the existing conditions in and around it.
“Urban lot split” means a parcel map that complies with the provisions of California Government Code section 66411.7.
“Vacant” has the meaning set forth in Government Code Section 66499.41(a)(2)(A)(ii). “Very low income household” has the meaning set forth in Health & Safety Code Section 50105.
"Vesting tentative map" means a tentative map for a residential subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed.
Chapter 16.12
DESIGN AND CONSTRUCTION STANDARDS
16.12.010 Streets and highways.
Sections:
16.12.010 Streets and highways.
16.12.020 Alleys.
16.12.030 Street names.
16.12.040 Blocks.
16.12.050 Lots.
16.12.060 Reserve strips.
16.12.070 Grading and erosion control.
16.12.080 Watercourses.
16.12.090 Ponding lots.
924
16.12.100 Walls and Fences
16.12.010 Streets and highways.
A. The public street and highway design shall conform both in width and alignment with any general plan circulation element, precise street plans and other precise plans adopted by the City Council, and right-of-way for any such street or highway indicated on the general plan or precise plans shall be dedicated to the city by the subdivider.
B. Streets and highways not otherwise designated on the Circulation Element of the General Plan shall not be less than those set forth in this title; except where it can be shown by the subdivider that the topography of the land is such as to justify narrower width. Increased widths may be required for bicycle lanes or transit stops when determined necessary by the Planning CommissionReview Authority in the public interest. Approval or determination of street classification shall be made by the City Council by adopting improvement standards for:
Divided arterial streets
Undivided arterial streets
Collector streets/local streets
Minor loop streets
Cul-de-sac streets
Frontage road
C. Relationship to Existing Streets. The street system in the proposed subdivision shall relate functionally to the existing streets in the area adjoining the subdivision.
D. Centerlines. The centerlines of all streets, wherever practicable, shall be the continuations of the centerlines of existing streets or shall be offset at least one hundred fifty (150) feet.
E. Intersections. Each street intersection shall be as near to a right angle as is practicable, and no intersection of streets at angles less than sixty (60) degrees shall be approved unless necessitated by topographical conditions as determined by the city engineer.
F. Corners. At street intersections, the block corners shall be angled to provide sufficient right-of-way, and shall correspond to approved develop improvement standards.
G. Cul-de-sacs or Dead End Streets. No cul-de-sac or dead end street shall be more than eight hundred (800) feet in length. Where necessary to give access to or permit a satisfactory future development of adjoining land, streets shall extend to the boundary of the property and the resulting dead-end streets may be approved with a temporary turnaround. In all other cases, a turn-around having a minimum radius of fifty-three (53) 925
feet, measured to the property line, and a minimum of forty-three (43) feet to curb face shall be required.
H. Curve Radius. The centerline curve radius on arterial streets shall be designed in accordance with acceptable safe engineering practices and in no case shall be less than five hundred (500) feet. Centerline curve radius on other streets shall not be less than two hundred (200) feet.
I. Frontage Streets. When any lot fronts or sides on any arterial street, expressway, or freeway, the subdivider may be required to dedicate and improve a frontage street to provide ingress to and egress from such lots.
J. Private Road and Alleys. Private roads and alleys shall not be permitted unless approved by the Review Authority as part of a use permit authorizing a planned unit development, as set forth in Visalia Municipal Code Chapter 17.26, approved by the Planning Commission.
K. Grades. Grades of streets shall not be less than two-tenths (0.2) percent and not greater than seven (7) percent unless, because of topographical conditions or other exceptional conditions, the city engineer determines that a grade less than two-tenths (0.2) percent or in excess of seven (7) percent is necessary.
L. Access on Arterials. When the rear of any lot borders an arterial, the subdivider may be required to execute and deliver to the city an instrument prohibiting the right of ingress and egress from said arterial to said lot.
16.12.020 Alleys.
A. Alleys shall be optional in residential subdivisions. The Planning CommissionReview Authority for any one of the following reasons may require alleys. If alleys are required, they shall be constructed to city standards:
1. Unusual size, shape or topographical character of the property to be subdivided;
2. The relationship to existing or proposed commercial, industrial or high density residential development or adjacent railroad right-of-way;
3. The special nature of the design or density of a residential subdivision where dwellings are grouped in such a manner as to require access from other than the street frontage;
4. The need to maintain continuity of existing alleys where the property to be subdivided is located immediately between existing residential blocks where alleys are provided.
B. Residential alleys shall have a minimum dedicated width of twenty (20) feet. 926
C. Alleys shall be provided where needed to serve existing or proposed commercial or industrial subdivisions and shall have a minimum dedicated width of thirty (30) feet with adequate provisions for ingress and egress.
D. A twenty (20) foot corner diagonal cut off measured along the property lines from the point of intersection will be required where two alleys intersect.
E. Alleys shall be so laid out and aligned as to provide reasonable access for utilities and other services.
F. Dead end alleys shall be prohibited.
16.12.050 Lots.
A. Lot Width.
1. Each residential lot or parcel shall have frontage width not less than that required by the zoning ordinance, as set forth in Title 17 of the Municipal Code. Each residential lot or parcel on a dead end street, cul-de-sac, or on a curbed street, when the side lines thereof are diverging from the front to the rear of such lot or parcel, shall have a width not less than that required by the zoning ordinance.
B. Lot Depth. The depth of all lots shall comply with the requirements of the zoning ordinance relative to each particular zoning district.
C. Lot Area. The area of all lots shall comply with the requirements of the zoning ordinance relative to each particular zoning district.
D. Lot Frontage. Lots shall have a single frontage on a street; new double frontage lots or lots without street frontage will not be permitted except where, in the opinion of the Planning CommissionReview Authority, topographic or unusual physical conditions justify a deviation from this rule.
E. Side Lines. The side lines of lots shall, wherever practicable, be required to run at right angles or radially to the street upon which the lot faces.
F. Lot Numbering and Dimensions. Lot numbers shall begin with the numeral "1" and shall continue consecutively through each unit of the tract with no omissions or duplications, and no block numbers shall be used.
G. Suitability of Lots. All lots shall be suitable for the purpose for which they are intended to be sold. Land subject to flooding or deemed by the Planning CommissionReview Authority to be uninhabitable shall be indicated on the final map.
H. Land Remnants. All remnants of below minimum size left over after the subdivision of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels.
927
16.12.080 Watercourses.
A. In the event that the subdivision is traversed by any watercourses, channels, streams or creeks, the subdivider shall dedicate rights-of-way or easements for storm drainage purposes conforming substantially with the lines of such watercourses, channels, streams or creeks or shall provide by dedication further and sufficient rightsof-way or easements as shall be required for structures or channel changes, or both, to dispose of such surface and storm waters.
B. The Planning CommissionReview Authority may disapprove a tentative map of a subdivision because of flood hazard and inundation and require protective improvements to be constructed as a condition precedent to approval of the map.
16.12.090 Ponding lots.
A. Detention or retention ponds will only be allowed in areas where it has been determined by the city engineer that other methods of drainage are not practical.
B. Permanent detention or retention ponds shall be a minimum of five (5) acres and dedicated to the city for maintenance. Landscaping and irrigation systems shall be installed as approved by the director of public servicesworks.
C. Temporary detention or retention ponds may be approved until such time as drainage facilities are available for connection and shall be dedicated to the city in easement form.
16.12.100 Walls and Fences.
A. For proposed residential subdivisions, security walls or fences that are proposed for residential developments along arterial or collector streets shall provide pedestrian access between the arterial or collector and the development to allow access when transit vehicles operating on an arterial or collector street.
B. Exceptions consistent with Chapter 17.42 may be granted during the Planning Commission approval process in accordance with 16.1604.110 050or subsequent Council action in accordance with 16.16.120.
Chapter 16.16
TENTATIVE MAPS
Sections:
16.16.010 Preliminary review.
16.16.020 Review by site plan review staff.
16.16.030 Filing of Ttentative subdivision maps.
928
16.16.040 Subdivision filing fees.
16.16.050 Size of maps.
16.16.060 Information required.
16.16.070 Accompanying reports and statements.
16.16.080 Distribution of filed maps.
16.16.090 Staff reports.
16.16.100 Hearing and notice.
16.16.110 Commission approvalDecision.
16.16.115 Denial of tentative map or parcel map.
16.16.120 Council action[Reserved].
16.16.130 Expiration of maps and extensions.
16.16.010 Preliminary review.
Prior to filing of a tentative subdivision map, a conceptual map shall be submitted to the Site Plan Review Staff in accordance with Chapter 17.28 of the Zoning Ordinance.
The map shall be drawn at a scale large enough to show all details clearly and enough sheets shall be used to accomplish this end. The map shall show the entire parcel proposed for subdivision including: approximate lot lines, street alignments, adjacent streets and adjacent land uses. The Site Plan Review Staff will prepare comments, recommendations, and requirements of the tentative subdivision map for the subdivider's review.
16.16.020 Review by site plan review staff.
A. All tentative subdivision maps shall be reviewed by the Site Plan Review Staff prior to the submission of a tentative map to the Planning CommissionReview Authority.
B. The Site Plan Review Staff shall examine and review the following:
1. The completeness and accuracy of the tentative map and the suitability of the land for purposes of subdivision;
2. Conformity of the overall design of the subdivision to the general plan and all pertinent requirements of this title and other laws and plans of the city;
3. The provisions for, and suitability of street improvements, underground utilities, fire hydrants, street lights, storm drains, streets, trees and sidewalks. The adequacy of 929
the water supply, solid waste collection, sewage disposal and easements for utilities and drainage;
4. Provisions for public areas, including parks, schools, public utilities facilities, etc.
C. If any portion of the subdivision is in conflict with any of the requirements of this title, other ordinances, or state law, the Site Plan Review Staff shall, to the best of their ability, advise the subdivider of such conflicts.
D. The Site Plan Review Staff may deem it advisable to recommend additional improvements, easements or dedications to be included; in which case, the subdivider shall be duly informed of the nature of the recommendations following the Site Plan Review Staff meeting.
E. The Site Plan Review Staff shall make a report of its recommendations to the Planning CommissionReview Authority, and shall furnish a copy of that report to the subdivider, in accordance with Chapter 17.28.
16.16.030 Tentative subdivision maps.
A. The tentative map shall be prepared by a registered civil engineer or a licensed land surveyorprofessional licensed to practice land surveying in California in accord with the provisions of the Subdivision Map Act and this title and shall be filed with the city planner. Such filing shall be prior to the completion of final surveys of streets and lots and before the start of any grading or construction work within the proposed subdivision.
B. A minimum of thirty (30) copies of the tentative map, and aAccompanying reports and statements shall be submitted to the city planner at the time of filing. Filing of required documents will be deemed official upon written receipt from the city planner.
16.16.070 Accompanying reports and statements.
A. The tentative map shall contain or be accompanied by reports and/or written statements from the subdivider giving essential information regarding the following matters:
1. The source of water supply;
2. The type of street improvements and utilities that the subdivider proposes to install;
3. The proposed method of sewage disposal;
4. The proposed method of solid waste collection;
5. The proposed public bus stops and turnouts;
6. The proposed storm water sewer or other means of drainage; 930
7. The proposed tree planting and related landscaping;
8. Preliminary title reports of entire property;
9. A preliminary soils report. The preliminary soils report may be waived if the city engineer determines that, due to the knowledge he has of the quality of the soils of the subdivision, no preliminary analysis is necessary;
10. If a subdivision tentative map is to be developed as consecutive individual units, it shall be so stated on the tentative map, and the order and approximate dates of completion of each unit shall be given at the time of filing of the tentative map;
11. A map showing the properties within a three hundred (300) foot radius of the proposed tentative map and a property owners list keyed to the three hundred (300) foot radius map.
B. The information required in the written reports and statements may be shown on the tentative map itself if feasible.
16.16.080 Distribution of filed maps.
A. When the tentative maps, accompanying reports and statements are filed, and the Site Plan Review Staff has approved the map, the city planner shall immediately forward copies of each to the following agencies when affected:
1. Caltrans;
2. Southern California Edison Company;
3. California Water Service;
4. Southern California Gas Company;
5. Visalia Unified School District;
6. United States Postmaster;
7. Tulare County Health Department;
8. Tulare County Public Works Department;
9. Federal Housing Authority;
10. Comcast Cable;
11. Water Quality Control Board;
12. AT&T;
13. Affected irrigation or drainage district.
931
B. With the exception of school districts, such agencies shall respond within fifteen (15) days after receipt of such tentative map for their comments to be considered by the commissionReview Authority. School districts shall respond within twenty (20) working days of the date on which the notice was mailed to the school district for comment.
16.16.090 Staff reports.
Any report or recommendation on a tentative map by the staff of the commission or council shall be in writing and a copy thereof served on the subdivider at least three dayson the following number of days prior to any hearing or action on such map by the commission or council.
1. Simple maps: Ten (10) days.
2. All other instances: Three (3) days.
3. All other instances: Three (3) days.
16.16.100 Hearing and notice.
A. The city Planning CommissionReview Authority shall hold a public hearing on an application for a tentative subdivision map or vesting tentative subdivision map, in the following fashion:.
1. Simple maps: Administrative hearing.
2. Tentative map extensions: Administrative hearing.
3. All other tentative maps: Public hearing.
B. Notice of a public hearing shall be given not less than ten (10) days or more than thirty (30) days prior to the date of the hearing by mailing a notice of the time and place of the hearing to property owners and residents within three hundred (300) feet of the boundaries of the area proposed for subdivision.
1. A notice of a public hearing shall contain all the information required in Government Code Section 65094 and be noticed in accordance with Government Code Section 65090.
2. A notice of an administrative hearing shall contain all of the following: (1) the identity of the Review Authority, (2) the date that the Review Authority will render a decision, (3) a general explanation of the matter considered, (4) a general description, in text and by diagram, of the location of the real property that is the subject of the administrative hearing, (5) instructions on how to review the staff report, (6) how to provide comments on the project, (7) how to request notification of the decision, (8) where a copy of the decision will be available for review after it is made, and (9) appeal procedures.
932
C. A request for notification of an administrative hearing decision must be made to the Review Authority at least two (2) days before the date of the administrative hearing.
Persons that request notification of an administrative hearing decision shall be mailed a copy of the decision, the findings for which the decision was based on, instructions on how to appeal the decision, and the deadline by which an appeal must be received.
Copies of the administrative decision shall also be posted on the City website. A request for notification of an administrative hearing is not required in order to seek an appeal.
16.16.110 Commission approvalDecision.
Within fifty (50) days after the tentative map has been filed with the city planner or at such later date as may be required to concurrently process the appurtenant environmental impact review documents required by state law and local ordinances, the commission Review Authority shall report in writing to the subdivider their decision regarding approval, conditional approval, or disapproval of the map and the conditions on which such action is based.
16.16.115 Denial of tentative map or parcel map.
This section shall apply to both tentative maps and parcel maps for which a tentative map is not required.
A. The Planning CommissionReview Authority shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings:
1. The proposed map is not consistent with the General Plan;
2. The proposed map is not consistent with an applicable specific plan adopted in accordance with Government Code Section 65451;
3. The design or improvement of the proposed subdivision is not consistent with the General Plan or with an applicable specific plan.
4. The site is not physically suitable for the type of development.
5. The site is not physically suitable for the proposed density of development.
6. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
7. The design of the subdivision or type of improvements is likely to cause serious public health problems.
B. In determining whether to approve or deny a tentative map, the Planning CommissionReview Authority shall apply only those ordinances, policies, and standards 933
in effect at the date the City Planner has determined that the application is complete pursuant to Government Code Section 65943.
C. If the Planning CommissionReview Authority finds that the land is subject to any of the following, then the Review AuthorityPlanning Commission shall deny approval of a tentative map, or a parcel map for which a tentative map was not required if, after reviewing Government Code Section 66474.4, it finds that either the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use or the subdivision will result in residential development not incidental to the commercial agricultural use of the land.
1. A contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5), including an easement entered into pursuant to Section 51256.
2. An open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5.)
3. An agricultural conservation easement entered into pursuant to Chapter 4 (commencing with Section 10260) of Division 10.2 of the Public Resources Code.
4. A conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Part 2 of Division 2 of the Civil Code.
16.16.120 Council action[Reserved].
The City Council may overrule or modify any ruling or determination of the commission in regard to a tentative map and may make conditional exceptions if special circumstances pertaining to the property involved justify a variance from the provisions of this title.
16.16.130 Expiration of maps and extensions.
A. Expiration. The approval or conditional approval of a tentative map shall expire twenty-four (24) months from the date the map was approved or conditionally approved.
B. Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the city planner who shall forward it to the Review AuthorityPlanning Commission for action. Such application shall be filed before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension.
C. Time Limit on Extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of three (3) years. 934
Chapter 16.17
URBAN LOT SPLITS
Sections:
16.17.010 General.
16.17.020 Procedures.
16.17.010 General.
A. The purpose of this chapter is to provide objective standards for urban lot splits within single-family residential zones, to implement the provisions of state law as reflected in Government Code Section 65852.21 et seq. and Section 66411.7 et seq., and to facilitate the development of new residential housing units consistent with the City’s General Plan and ensure sound standards of public health and safety.
16.17.020 Procedures.
A. The City Planner shall ministerially review an application for a parcel map that subdivides an existing parcel to create no more than two new parcels in an Urban Lot Split, and shall approve the application if the criteria in Government Code Section 66411.7 and this Chapter are satisfied.
B. Qualifying Criteria. Within the time required by the Subdivision Map Act, the City Planner shall determine if the parcel map for the Urban Lot Split meets all the following requirements:
1. The parcel is located within an R-S zone.
2. The parcel being subdivided is not located on a site that is any of the following:
i. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
ii. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
iii. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the city/county, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
935
iv. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
v. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
vi. Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the city; or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
vii. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. viii. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. 936
ix. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). x. Lands under conservation easement.
3. Both resulting parcels are no smaller than 1,200 square feet.
4. Neither resulting parcel shall be smaller than 40 percent of the lot area of the parcel proposed for the subdivision.
5. The proposed lot split would not require demolition or alteration of any of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low- or very low-income. ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
iii. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
iv. Housing that has been occupied by a tenant in the last three years.
6. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city landmark or historic property or historic district pursuant to a city ordinance.
7. The parcel being subdivided was not created by an Urban Lot Split as provided in this chapter.
8. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this chapter.
9. The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:
i. The City Planner, or their designee, shall waive or modify any standard if the standard would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit 937
size of less than 800 square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each on each parcel.
ii. Notwithstanding subsection (9)(i) above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
10. Each resulting parcel shall have access to, provide access to, or adjoin the public right-of-way.
11. Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The proposed dwelling units shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.
12. Parking. One parking space shall be required per unit constructed on a parcel created pursuant to the procedures in this section, except that no parking may be required where:
i. The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or
ii. There is a designated parking area for one or more car-share vehicles within one block of the parcel.
13. Compliance with Subdivision Map Act. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410)), except as otherwise expressly provided in Government Code Section 66411.7. Notwithstanding Government Code Section 66411.1, no dedications of rights-of-way or the construction of offsite improvements may be required as a condition of approval for an Urban Lot Split, although easements may be required for the provision of public services and facilities.
14. The correction of nonconforming zoning conditions may not be required as a condition of approval.
15. Parcels created by an Urban Lot Split may be used for residential uses only and may not be used for rentals of less than 30 days.
16. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).
C. Owner-Occupancy Affidavit. The applicant for an Urban Lot Split shall sign an affidavit, in the form approved by the city attorney, stating that the applicant intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. This 938
subsection shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
D. Additional Affidavit. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split shall sign an affidavit, in the form approved by the city attorney, stating that none of the conditions listed in Section (4)(B)(5) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished) on a form prescribed by the City Planner. The owner and applicant shall also sign an affidavit stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an Urban Lot Split.
E. Recorded Covenant. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the city attorney, which shall run with the land and provide for the following:
1. A prohibition against further subdivision of the parcel using the Urban Lot Split procedures as provided for in this section;
2. A limitation restricting the property to residential uses only; and
3. A requirement that any dwelling units on the property may be rented or leased only for a period longer than thirty (30) days.
The City Manager or designee is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant.
Chapter 16.18
STARTER HOME SUBDIVISIONS
Sections:
16.18.010 General.
16.18.020 Subdivision procedures.
16.18.030 Development procedures.
16.18.040 Building permit procedures.
16.18.010 General.
A. Purpose. The purpose of this chapter is to provide objective zoning standards for starter home subdivisions with 10 or fewer units, to implement the provisions of state law as reflected in Government Code Sections 65852.28, 65913.4.5, and 66499.41, and to facilitate the development of new residential housing units consistent with the City’s General Plan and ensure sound standards of public health and safety. 939
B. Specific Adverse Impacts. In addition to the criteria listed in this chapter, approval of a subdivision, development, or building permit under this chapter may be denied if the City Planner or Building Official, where applicable, make a written finding, based on a preponderance of the evidence, that the proposed subdivision or proposed housing development project would have a specific, adverse impact upon public health and safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
C. Enforcement. The City Attorney shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.
16.18.020 Subdivision procedures.
A. The City Planner shall ministerially review, without a hearing, an application for a parcel map or a tentative and final map for a housing development project, and shall approve the application if the criteria in Government Code Section 66499.41 and this section are satisfied.
B. Qualifying Criteria. Within 60 days from the receipt of a complete application, the City Planner shall determine if the parcel map or tentative and final map for the subdivision meets all the following requirements:
1. The parcel is one of the following:
a. Located within an R-M zone; or
b. Vacant and located within an R-S zone. A parcel shall be considered vacant if the area proposed to be subdivided, excepting a designated remainder, contains no dwellings.
2. The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, not including any permitted accessory dwelling units or junior accessory dwelling units. A remainder parcel may be designated that retains existing land uses or structures, including existing residence(s), but cannot be exclusively dedicated to serving the housing development project. A remainder parcel shall not count against the 10 parcel limit.
3. The lot is substantially surrounded by qualified urban uses and meets the following maximum lot area requirements:
a. No larger than five acres, if the lot is zoned for multi-family residential; or b. No larger than one and one-half acres, if zoned for single-family residential.
4. The lot is a legal parcel.
940
5. The lot was not established pursuant to this chapter or an urban lot split pursuant to Government Code Section 66411.7 and Chapter 16.17.
6. The newly created parcels meet the following minimum lot area requirements:
a. No smaller than 600 square feet if zoned for multi-family residential; or b. No smaller than 1,200 square feet if zoned for single-family residential.
7. The housing units on the lot proposed to be subdivided are one of the following:
a. Constructed on fee simple ownership lots;
b. Part of a common interest development;
c. Part of a housing cooperative, as defined in Civil Code Section 817; d. Constructed on land owned by a community land trust meeting the requirements of Government Code Section 66499.41; or
e. Part of a tenancy in common, as described in Civil Code Section 685.
8. The proposed development must meet one of the following:
a. If the parcel is identified in the Housing Element for the current planning period, the development must result in at least as many units as projected for the parcel in the Housing Element. If the parcel is identified to accommodate low- or very-low income households, the development must result in at least as many low- or very-low income units as projected in the Housing Element. These units shall be subject to a recorded affordability restriction of at least 45 years. b. If the parcel is not identified in the Housing Element for the current planning period, the area to be subdivided must result in at least 20 dwelling units per acre. The area of any designated remainder shall be excluded from the calculation of residential density.
9. The average total area of floor space for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet.
10. The housing development project on the lot proposed to be subdivided would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low-, very low-, or extremely lowincome. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit. 941
d. A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code (“Ellis Act Eviction”) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
11. The lot being subdivided is not located on a site that is any of the following:
a. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.
d. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to former Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
f. Within a special flood hazard area subject to inundation by the 1-percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
942
(1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the city; or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). j. Lands under conservation easement.
12. The proposed subdivision shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in this Chapter and Government Code Section 66499.41.
13. The proposed subdivision complies with all applicable standards established in Section 16.18.030 and Government Code Section 65852.28.
14. The parcels created pursuant to this Chapter must be served by a public water system and a municipal sewer system.
15. The proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
16. The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards 943
applicable to the parcel as provided in the zoning district in which the parcel is located, except that a proposed housing development is not required to comply with either a minimum requirement on size, width, depth, frontage, or dimensions of an individual parcel beyond the minimum parcel size specified in subparagraph (6) or the formation of a homeowners’ association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
17. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).
C. Development on Each Lot. At least one residential structure in compliance with applicable provisions of the California Building Standards Code must be developed on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
D. Prohibition of Urban Lot Splits. A parcel created under this chapter may not be further subdivided pursuant to an urban lot split under Chapter 16.17 or Government Code Section 66411.7.
E. Declaration of Prior Tenancies. If any existing housing is proposed to be demolished, the owner of the property proposed for the subdivision shall sign an affidavit, in the form approved by the City Planner, stating that none of the conditions listed in paragraph (11) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past five years on a form approved by the City Planner.
F. Declaration of Prior Tenancies. If any existing housing is proposed to be demolished, the owner of the property proposed for the subdivision shall sign an affidavit, in the form approved by the City Planner, stating that none of the conditions listed in paragraph (11) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past five years on a form approved by the City Planner.
16.18.030 Development procedures.
A. The City Planner shall ministerially review, without a hearing, an application for a housing development project on a lot that is subdivided pursuant to Section 16.18.020 and Government Code Section 66499.41, and shall approve the application if the criteria in Government Code Section 65852.28 and this section are satisfied.
B. Qualifying Criteria. Within 60 days from the receipt of a complete application, the City Planner shall determine if the housing development project meets all the following requirements:
1. The proposed housing development is on a lot created in accordance with Section 16.18.020 and Government Code Section 66499.41.
2. The proposed housing development complies with all objective zoning standards, objective subdivision standards, and objective design review standards 944
applicable to the parcel as provided in the zoning district in which the parcel is located that do not conflict with Section 16.18.020 and Government Code Sections 65852.28 and 66499.41; provided, however:
a. The City Planner, or their designee, shall modify or waive any standard if the standard would have the effect of physically precluding the construction of the development project at 30 dwelling units per acre. Any modifications of development standards shall be the minimum modification necessary.
b. No setback between the units is required, except as provided in the California Building Code (Title 24 of the California Code of Regulations). c. Required rear and side yard setbacks from the original lot line shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
d. For development on a vacant lot zoned for single-family residences, no height limit may be applied that is less than what is allowed per the existing zoning designation applicable to the lot.
3. Parking. One parking space, which may be uncovered or not enclosed, shall be required per unit constructed on a parcel created pursuant to the procedures in this section, except that no parking may be required where the parcel is located within onehalf mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3.
16.18.040 Building permit procedures.
A. The Building Official shall issue a building permit for one or more residential units that are part of a housing development project on a lot that is subdivided pursuant to Chapter 16.18 and Government Code Section 66499.41, and shall approve the application if the criteria in Government Code Section 65852.28 and this section are satisfied and has met the following criteria:
1. The applicant has received an approval for the tentative map or parcel map for the subdivision.
2. The applicant has submitted a complete building permit application.
B. Any dedication, improvement, and sewer requirements identified in the approved tentative map or parcel map or its conditions of approval shall be guaranteed to the City’s satisfaction.
C. The applicant must submit proof, to the satisfaction of the City Planner, of a recorded covenant and agreement enforceable by the city that the applicant agrees the building permit is issued on condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded. 945
D. The applicant shall comply with the improvement securities requirements of Section 16.24.060
Chapter 16.20
VESTING TENTATIVE MAPS
16.20.010 General.
A. Authority. This chapter is enacted pursuant to the authority granted by Article 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California (hereinafter referred to as the "Vesting Tentative Map Statute").
B. Purpose. It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this title. Except as other noted, the provisions of this title shall apply to the vesting tentative map section.
C. Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose that is inconsistent with the general plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of the municipal code.
D. Application.
1. This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.
2. If a subdivider does not seek the right conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.
16.20.030 Development rights.
A. Vesting on Approval of Vesting Tentative Map.
1. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2.
2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. 946
3. Notwithstanding subsection (A) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:
a. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health, or safety, or both; b. The condition or denial is required, in order to comply with state or federal law. c. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (A)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the City CouncilAppeal Body within fifteen (15) days.
4. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.20.020(C). If the final map is approved, these rights shall last for the following periods of time:
a. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. b. The initial time period set forth in subsection (A)(1) of this section shall be automatically extended by any time used for processing a complete application for a granting permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed. c. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (A)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the City CouncilAppeal Body within fifteen (15) days.
d. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (A)(4)(a)--(A)(4)(c) of this section, the rights referred to herein, as they apply to the lot for which the application is filed, shall continue until the expiration of that permit, or any extension of that permit.
B. Applications Inconsistent with Current Policies. Notwithstanding any provision of this title, a property owner or his or her designee may seek approvals or permits for development that depart from the ordinances, policies, and standards described in Section 16.20.030(A)(1), and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
Chapter 16.24
FINAL MAPS
16.24.110 Amending of final maps.
947
After a final map is filed in the office of the county recorder, such a recorded final map may be modified by a certificate of correction or an amending map if the city finds that there are changes in circumstances that make any or all of the conditions of such a map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title or interest in the real property reflected on the recorded map and the local agency finds that the map, as modified, conforms to the provisions of Section 66474 of the Subdivision Map Act. Any such modifications shall be set for public hearing as provided for in Section 16.16.100. The legislative bodyReview Authority shall confine the hearing to consideration of the action on the proposed modification.
Chapter 16.28
PARCEL MAPS
Sections:
16.28.010 [Reserved.]Purpose.
16.28.020 [Reserved.]Advisory agency.
16.28.030 [Reserved.]Review by site plan review staff.
16.28.040 [Reserved.]Tentative parcel maps.
16.28.050 [Reserved.]Form and content.
16.28.060 [Reserved.]Hearing and notice.
16.28.070 [Reserved.]Consideration of tentative parcel maps.
16.28.080 [Reserved.]Appeals.
16.28.090 [Reserved.]Time limit on tentative parcel map.
16.28.100 [Reserved.]Improvements.
16.28.110 [Reserved.]Right-of-way dedications.
16.28.120 Final parcel mapsFiling.
16.28.125 FilingParcel map submittal requirements.
16.28.130 Survey requirements.
16.28.140 Information on final parcel map.
16.28.150 Waiver of final parcel map.
16.28.160 Amending of parcel maps.
16.28.010 [Reserved.]Purpose.
948
The council incorporates this chapter in its subdivision ordinance in order to establish the requirements and procedures for processing subdivisions that are authorized to be made through the parcel map procedure by Sections 66426 and 66428 of the Government Code of the state of California. Where a tentative parcel map is required, a vesting tentative parcel map may be filed conferring development rights as indicated in Chapter 16.20.
16.28.020 [Reserved.]Advisory agency.
The Planning Commission is designated as the advisory agency referred to in Article 2 of the Subdivision Map Act and is charged with the duty of making investigations and reports on the design and improvement of proposed divisions of land under this chapter.
The city planner is designated as the clerk to the advisory agency with authority to receive parcel maps.
16.28.030 [Reserved.]Review by site plan review staff.
A. All tentative parcel maps shall be reviewed by the Site Plan Review Staff prior to the submission of said tentative parcel map to the Planning Commission.
B. The Site Plan Review Staff shall examine and review the following:
1. The completeness and accuracy of the tentative parcel map and the suitability of the land for purposes of subdivision;
2. Conformity of the overall design of the subdivision to the general plan and all pertinent requirements of this chapter and other laws and plans of the city;
3. The provisions for, and suitability of street improvements, underground utilities, fire hydrants, street lights, storm drains, streets, trees and sidewalks. The adequacy of the water supply, solid waste collection, sewage disposal and easements for utilities and drainage;
4. Provisions for public areas, including parks, schools, public utilities facilities, public bus stops and turnouts, etc.
C. If any portion of the subdivision is in conflict with any of the requirements of this chapter, other ordinances, or state law, the Site Plan Review Staff shall, to the best of its ability, advise the subdivider of such conflicts.
D. The Site Plan Review Staff may deem it advisable to recommend additional improvements, easements, or dedications, to be included, in which case the subdivider shall be duly informed of the nature of the recommendations following the Site Plan Review Staff meeting.
E. The Site Plan Review Staff shall make a report of its recommendations to the Planning Commission, and shall furnish a copy of that report to the subdivider, in 949
writing, no less than three days prior to the Planning Commission meeting at which the tentative parcel map is to be considered by the commission.
16.28.040 [Reserved.]Tentative parcel maps.
A. The person or agency dividing land under this section shall file a tentative parcel map with the planning and community preservation director not less than thirty (30) days before the date of the commission meeting at which such map is to be considered.
Such filing shall be prior to the start of any grading or construction work within the proposed division of land. The tentative parcel map shall be submitted in the same manner as provided for subdivisions as to area improvement and design, flood and water drainage control, and as to required public improvements.
B. A person desiring to divide land subject to the provisions of this chapter shall submit the tentative parcel map, therefore in accord with the following requirements:
1. Filing. Twenty-five (25) copies of the tentative parcel map shall be filed with the planning and community preservation director. The tentative parcel map shall be legibly drawn, on eighteen (18) inch by twenty-six (26) inch tracing paper suitable for reproduction, to a scale and in a manner to best illustrate the proposed division.
2. Fees. At the time of filing of the tentative parcel map, a fee shall be paid to the city in such amount as may be established by the City Council, on a yearly basis, by resolution.
3. Acceptance. The city engineer and planning and community preservation director shall examine any such tentative parcel map within five working days of presentation and shall not accept such map unless the map is in full compliance with the provisions of this chapter and the Subdivision Map Act of the state of California, as to form, data, information, and other matters required to be shown on or furnished therewith.
4. Distribution. The planning and community preservation director shall immediately forward copies of the tentative parcel map to each of the following when affected:
a. Southern California Gas Company;
b. Southern California Edison Company;
c. California Water Service;
d. AT&T;
e. Comcast Cable;
f. Visalia Unified School District.
5. Agency Action. With the exception of school districts, the agency receiving a copy of the tentative parcel map shall file a report within fifteen (15) days after the receipt thereof. School districts shall respond within twenty (20) working days of the date on which the notice was mailed to the school district for comment. If a reply is not received 950
prior to the meeting at which consideration of the map is made, it will be assumed that the map conforms to the requirements of the particular agency concerned.
16.28.050 [Reserved.]Form and content.
The tentative parcel map shall contain the following information:
A. The name and address of the engineer or surveyor preparing the map and the legal owner of record of the land, and the applicant, if different from the legal owner of record;
B. The boundary lines of the entire parcel, including the area to be divided, with dimensions based on existing survey data or property descriptions; C. The proposed division lines, approximate dimensions, and approximate acreage or square footage of each proposed parcel;
D. The identification of each parcel with a number designation; E. All existing surface and underground structures and improvements located on the original parcel, together with their dimensions, the distances between them, the distances to division and property lines, and the number of stories or the height of each structure;
F. The names, widths and locations of all existing and proposed streets abutting or traversing the original parcel, and a statement if the street is private and/or a statement if the street does not actually exist on the ground;
G. The location, purposes, width and recorded owners of all existing and proposed easements or private rights-of-way abutting or traversing any part of the original parcel easement boundaries shall be shown by means of dotted lines; H. An accurate description of the original parcel;
I. The date of preparation, north arrow and scale of the drawing. Said scale shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end;
J. The existing and proposed uses of the property;
K. The proposed method of sewage disposal;
L. The proposed domestic water supply;
M. The assessor's parcel numbers;
N. The proposed street names;
O. The approximate location and width of watercourses or areas subject to inundation from floods, and the location of structures, irrigation ditches and other permanent fixtures;
951
P. Any railroads;
Q. The approximate radius of curves;
R. A location map showing the original parcels and the surrounding area; S. The existing zone district designation of the original parcels; T. The proposed use of the property;
U. Oak trees having a trunk diameter exceeding four inches, measured at a point five feet above the existing ground level;
V. The proposed method of solid waste collection;
W. The proposed public bus stops and turnouts, if any;
X. A map showing the properties within a three hundred (300) foot radius of the proposed tentative parcel map and a property owners list keyed to the three hundred (300) foot radius map.
16.28.060 [Reserved.]Hearing and notice.
A. The city Planning Commission shall hold a public hearing on an application for a tentative parcel map or vesting tentative parcel map.
B. Notice of a public hearing shall be given not less than ten days or more than thirty (30) days prior to the date of the hearing by mailing a notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area proposed for subdivision.
16.28.070 [Reserved.]Consideration of tentative parcel maps.
The commission shall review the tentative parcel map and approve, conditionally approve, or disapprove the map within thirty (30) days after the receipt of such map, or at such later date as may be required to concurrently process the appurtenant environmental documents required by state law and local regulations adopted in implementation thereof.
16.28.080 [Reserved.]Appeals.
If the applicant is dissatisfied with the decision of the Planning Commission, he may, within ten days after the decision of the Planning Commission, appeal in writing to the council for a hearing thereon. Such hearing need not be concluded on the day thus set but may be continued.
952
16.28.090 [Reserved.]Time limit on tentative parcel map.
Failure to file a final parcel map with the county recorder within twenty-four (24) months after the date of approval or conditional approval of the tentative parcel map shall automatically revoke said approval, and a final parcel map shall not be recorded until a new tentative parcel map has been filed and approved in accordance with the provisions of this chapter. However, upon application by the owner or his authorized agent, an extension of not more than an additional thirty-six (36) months may be granted by the Planning Commission. If the Planning Commission denies an application for an extension of time, the owner or his authorized agent may appeal the action to the City Council in the manner set forth in Section 16.28.080.
16.28.100 [Reserved.]Improvements.
Pursuant to the provisions of the Subdivision Map Act, the subdivider shall install, construct and/or provide all on or off-site improvements as recommended by the city engineer and as required by the commission. Such improvements shall be limited to the dedication of rights-of-way, easements and the construction of reasonable off-site and on-site improvements for the parcels being created. The nature, extent and design of such improvements and the guaranteeing of completion thereof shall be in full conformance with the provisions in Chapter 16.36.
16.28.110 [Reserved.]Right-of-way dedications.
A. Pursuant to the Subdivision Map Act, the subdivider shall provide such dedication of right-of-way and/or easements as may be required by the Planning Commission.
B. The Planning Commission may, at its discretion, require that offers of dedication or dedication of streets include a waiver of direct access rights to any such streets from any property shown on the final map as abutting thereon, in accord with the provisions of the Subdivision Map Act.
16.28.120 Final parcel mapsFiling.
Within the time limit designated in Section 16.16.130 16.28.090 and upon the accomplishment of all dedications by certification on the map and required construction of all public improvements, or the execution of an agreement and provision of surety providing therefore, and the payment of all applicable fees and charges, the applicant may file a final parcel map with the city engineer and planning and community preservation director, who shall approve the final parcel map if it substantially conforms to the approved tentative parcel map and all applicable provisions of the Subdivision Map Act and this chapter. The appropriate certificates, as provided by the applicant in accordance with the provisions of the Subdivision Map Act, shall be signed by the city engineer and planning and community preservation director upon the parcel map, and 953
the final parcel map shall be transmitted by the city clerk to the clerk of the county board of supervisors for ultimate transmittal to the county recorder.
16.28.125 FilingParcel map submittal requirements.
The subdivider may file the original andParcel map submittals shall contain three (3) copies of the final parcel map and required accompanying data with the city engineer.
When a final parcel map is submitted to the city engineer in accordance with this code, it shall be accompanied by the following documents:
A. Plans, profiles and specifications of the proposed public and private improvements, designed in accord with the requirements of the city engineer; B. A filing fee to cover the expense of checking in an amount to be established by the City Council from time to time by resolution;
C. A preliminary subdivision guarantee issued by a title insurance company, in the name of the owner of the land, issued to or for the benefit and protection of the city, showing all parties whose consent is necessary and their interest therein, except where the land included in such subdivision is registered under the Land Registration Act. If the land is so registered, a copy of the certificate of title shall be furnished, certified.
D. Calculation and traverse sheets, used in computing the distances, angles and courses shown on the final map and ties to existing and proposed monuments, and showing closures, within the allowable limits of error specified in the ordinance, for exterior boundaries of the subdivision and for each irregular block or lot of the subdivision.
F. A copy of the resolution of the approved tentative map, unless otherwise not required.
16.28.130 Survey requirements.
If the division of land creates four or less parcels, the final parcel map may be compiled from recorded or filed data when survey information exists on recorded or filed maps to sufficiently locate and retrace the exterior boundary lines of the final parcel map and when the location of at least one of these boundary lines can be established from an existing monumented line. In all other cases, the final parcel map shall be based on a field survey of the land conducted in accordance with the Land Surveyor's Act of the state of California. All new lot corners shall be monumented and based on a field survey.
16.28.140 Information on final parcel map.
954
A. Each parcel shall be consecutively numbered. Each parcel shall have its area shown to the nearest one-hundredth (0.01) of an acre or nearest square foot. The exterior boundary of the land included within the parcel or parcels being created shall be indicated by a distinctive border. Such border shall not interfere with the legibility of figures or other data. The map shall show the definite location of such parcel or parcels, and particularly the relationship to existing surveys.
B. Each final parcel map shall contain the following information:
1. The tentative parcel map number and date of preparation;
2. The tract name, date, north arrow and scale;
3. A general description of the land included;
4. Names and addresses of the owners of the property being divided;
5. The location, names without abbreviations, and right-of-way widths of all:
a. Proposed streets;
b. Proposed public areas and easements; and
c. Adjoining streets;
6. All dimensions shall be in feet and decimals of a foot to the nearest onehundredth of a foot (0.01'); all necessary angles and bearings shall be provided to the nearest second of a degree (00º-00'-01");
7. The dimensions of all lots, including lot area in square feet, and a lot number for each lot;
8. The centerline data for streets including bearings and distances;
9. The radius, arc length, and central angle of curves;
10. Suitable primary survey control points;
11. The location and description of permanent monuments;
12. The boundaries of any public and/or private easement, whether an easement of record or a prescriptive easement, shall be shown; the party holding interest in the easement shall be shown on the map;
13. Location and widths of all easements to be dedicated, if required;
14. The location and widths of watercourses and areas subject to inundation and location of selected flood lines within the parcels being created; properties located in a Special Flood Hazard Area shall comply with all requirements of Chapter 15.60;
15. Ties to any city or county boundary lines involved;
16. Required Certifications;
955
a. All required dedications of rights-of-way or easements shall be certified on the final parcel map in accordance with Section 66447 of the Subdivision Map Act; b. All parties having any record title interest in the real property subdivided shall sign a certificate on the final parcel map in accordance with Subsection 66445(e) of the Subdivision Map Act;
d. A certificate for execution by the City Engineer/City Surveyor that complies with Section 66450 of the Subdivision Map Act;
c. A certificate of the registered civil engineer or licensed land surveyor who prepared the survey and the final parcel map, in compliance with Section 66449 of the Subdivision Map Act;
e. A certificate for execution by the city planner on behalf of the parcel map committeeReview Authority certifying that the final parcel map conforms to the approved tentative parcel map; and
17. Any other requirements of the Subdivision Map Act.
B. The final parcel map shall contain survey information that only affects record title interest. However, additional survey and map information such as, but not limited to, building setback lines, flood hazard zones, seismic lines and setback, geologic mapping and archaeological sites, if appropriate, shall be shown on an additional map sheet that shall indicate its relationship to the final parcel map, and shall contain a statement that the additional information is for informational purposes, describes conditions as of the date of filing, and is not intended to affect record title interest. The additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the additional map sheet. The acceptance of the additional map sheet by the city, similarly does not imply the correctness or sufficiency of those records or reports. The additional map sheet shall be recorded simultaneously with the final parcel map.
16.28.150 Waiver of final parcel map.
The Planning Commission or City CouncilReview Authority may, at its discretion, waive the final parcel map when a finding is made that the proposed division of land complies with the requirements established by this chapter as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter.
16.28.160 Amending of parcel maps.
After a parcel map is filed in the office of the county recorder such a recorded parcel map may be modified by a certificate of correction or an amending map if the local 956
agency finds that there are changes in circumstances that make any or all of the conditions of such a map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title or interest in the real property reflected on the recorded parcel map and the local agency finds that the map, as modified, conforms to the provisions of Section 66474 of the Subdivision Map Act. Any such modifications shall be set for public hearing as provided for in Section 16.2816.060100 of this chapter.
The legislative bodyReview Authority shall confine the hearing to consideration of an action on the proposed modification.
Chapter 16.32
LOT LINE ADJUSTMENTS
16.32.040 Consideration of lot line adjustment maps.
A. 1. The city planner shall limit the review and approval of lot line adjustment maps to a determination of whether or not the parcels resulting from the lot line adjustment will conform to zoning and building ordinances. The city planner shall not impose conditions or exactions on the approval of the lot line adjustment except to conform to local zoning and building ordinances, or except to facilitate the relocation of existing utilities, infrastructure, or easements.
2. Whenever the city planner determines that conditions or exactions may be necessary in order to carry out the provisions of Section 16.32.040(B), he shall immediately refer the lot line adjustment map to the Site Plan Review Staff. The Site Plan Review Staff shall review the map and determine what conditions or exactions, if any, should be placed on the application. The Site Plan Review Staff shall not require any conditions or exactions on the lot line adjustment except to conform to local zoning and building ordinances, or except to facilitate the relocation of existing utilities, infrastructures or easements. The Site Plan Review Staff shall thereafter advise the city planner what conditions or exactions are to be required. If the Site Plan Review Staff determines that conditions or exactions are required, the staff shall determine at what time such conditions or exactions are to be fulfilled under the same provisions of this chapter as they apply to parcel maps. Agreements for fulfilling such conditions or exactions, security for such agreements and all other matters pertaining to such conditions or exactions shall also be governed by the same provisions of this chapter as they apply to parcel maps.
B. The city planner shall approve the proposed lot line adjustment whenever all of the following conditions are complied with:
1. Tif the lots that will result from the proposed lot line adjustment conform to all the applicable zoning and building ordinances in effect and comply with regulations set forth in this chapter pertaining to size, shape and dimensions of lots in subdivisions for which tentative and final maps are required.
2. The proposed lot line adjustment will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood or to the general welfare of the city. 957
3. C. In addition to any other basis for disapproval, the city planner may disapprove a lot line adjustment if he or she determines that there is no real relationship between the existing parcels and the proposed new parcels and that the proposal is more adequately processed as a merger and resubdivision pursuant to Section 66499.20-1/2 of the Government Code of the state of California.
4. D. 1. The city planner shall review the proposed lot line adjustment map and, within fifteen (15) days after the lot line adjustment map was filed, approve, conditionally approve, or disapprove the lot line adjustment map. However, if the lot line adjustment map is referred to the Site Plan Review Staff, pursuant to Section 16.32.040, the city planner shall have thirty (30) days after the map was filed to take such action. Said time limits may be extended by mutual consent of the city planner and the applicant.
5. 2. The city planner shall give written notice of his action to the applicant and to the affected city departments and to each public and private agency to which a copy of the lot line adjustment map was transmitted.
6. E. 1. If the city planner approved the lot line adjustment map, the written decision of the city planner approving the adjustment shall be filed for record with the county recorder. Such decision shall contain a legal description of each parcel resulting from the lot line adjustment and shall be recorded concurrently with the appropriate deed(s) or record of survey pursuant to Government Code Section 66412(d).
7. 2. The lot line adjustment shall not be effective until the decision of the city planner approving the map has been recorded as set forth in subsection (E)(1) of this section. Said decision shall not be recorded until the appeal period specified in Section 16.32.050 has expired without an appeal having been filed or until the applicant waives his right to appeal, whichever occurs first. If an appeal is filed, said decision shall not be recorded until the termination of the appeal proceedings.
8. 3. If conditions or exactions are required by the Site Plan Review Staff, the decision of the city planner shall not be recorded until the required conditions and exactions have been made fulfilled and, if required by the Site Plan Review Staff, an agreement with security is on file for fulfilling such conditions or exactions.
9. 4. The recording of the decision of the city planner and subsequent deed(s) or record of survey shall supersede all prior recorded parcel maps, subdivision maps or other documents that create the superseded parcels and the boundaries created by the decision of the city planner shall prevail over the earlier recorded boundaries, and the recorded decision of the city planner shall so state.
16.32.050 Appeals.
After the action by the city planner on the lot line adjustment map, the applicant may appeal in writing to the Planning CommissionAppeal Body within ten days after the decision of the city planner.
958
Chapter 16.48
[RESERVED].ENVIRONMENTAL IMPACT MITIGATION
Sections:
16.48.010 Legislative findings.
16.48.020 Purpose.
16.48.030 Short title, authority and applicability.
16.48.040 Rules of construction.
16.48.050 Definitions.
16.48.060 Imposition of environmental impact mitigation—School overcrowding—Fee.
16.48.070 Fee schedule.
16.48.080 Computation of the amount of environmental impact mitigation— School overcrowding—Fee.
16.48.090 Payment of fee.
16.48.100 Timing of fee payment.
16.48.110 Use of funds.
16.48.120 Refund of fees paid.
16.48.130 Exemption and credits.
16.48.140 Penalty provisions.
16.48.150 Sunset clause.
16.48.160 Severability.
16.48.010 Legislative findings.
The City Council of the city finds, determines and declares that:
A. Policy PSCU-P-34 of the General Plan requires the city work with the Visalia Unified School District to coordinate land use and development with school location and site design to ensure that adequate facilities are available and integrated with neighborhoods;
B. The school district has presented information to the city establishing that existing school facilities are overcrowded and that further growth and development in the city will have a significant adverse impact o the capacity of the school system; 959
C. The school district has presented information to the city that the fee, charge, dedication or other requirement the district is authorized to levy against a development project pursuant to Government Code Sections 53080 and 65995 is insufficient to adequately fund the construction of new school facilities to meet the needs of growth in the community;
D. The school district has presented information to the city that it does not have the financial or other resources available to fund new school facilities; E. While it is also the State of California's responsibility to fund the construction of new school facilities to meet the needs of growth, the state has not provided the financial or other resources necessary to meet the growing demand for new school facilities;
F. Pursuant to Education Code Section 17718.5(a) the State Board of Education is to encourage school districts to utilize alternative methods to fund school facilities; G. Education Code Section 17717.7 encourages the use of alternative funding sources by creating a six-tiered priority list for qualifying for state funding that effectively encourages school districts to request only a maximum of fifty (50) percent of total construction costs;
H. The school district must expand its classroom facilities in order to meet the needs of a growing community without decreasing the current level of education in order to promote and protect the public health, safety and welfare.
I. The imposition of an environmental impact mitigation fee is a preferred method of ensuring that new development bears a proportionate share of the cost of capital facilities necessary to accommodate the student population generated by such development and thereby promotes and protect the public health, safety and welfare.
J. The fees established by Section 16.48.070 are derived from, are based upon, and do not exceed the costs of providing additional school facilities necessitated by new development for which the fees are levied.
K. The report entitled "Environmental Impact Mitigation – School Overcrowding – Fee Justification Report", dated May 18, 1992, sets forth a reasonable methodology and analysis for determination of the impact on new development on the need for and cost of additional school facilities within the school district; L. The adoption of this chapter is consistent with the General Plan of the city.
16.48.020 Purpose.
The purpose of this chapter is to assess environmental impact mitigation fees against all new residential construction, and all remodels adding additional area to existing residential buildings, all consistent with definitions found in state law, to mitigate the impacts of said construction on the ability of the Visalia Unified School District to house new students resulting from new development in the city. Furthermore:
960
A. This chapter is intended to assist in the implementation of the land use element of the General Plan; and
B. The purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide school facilities in the Visalia Unified School District.
16.48.030 Short title, authority and applicability.
A. This chapter shall be known and may be cited as the "City of Visalia Environmental Impact Mitigation – School Overcrowding – Fee Ordinance." B. The City Council of the city has the authority to adopt this chapter pursuant to Article XI of Section 7 of the Constitution of the state of California, and pursuant to Government Code Sections 65300 et seq., 66000 et seq., and 66470 et. seq. and Public Resources Code Sections 21000 et seq. of California Statutes, and its Charter.
C. This chapter shall apply in the incorporated area of the city to the extent permitted by Article XI of Section 7 of the Constitution of the state of California.
16.48.040 Rules of construction.
A. The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.
B. For the purpose of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply to the text of this chapter:
1. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table, or illustrative table, the text shall control.
2. The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
3. Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the single, unless the context clearly indicates the contrary.
4. The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for."
5. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
6. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either...or," the con-junction shall be interpreted as follows:
961
a. "And" indicates that all the connected terms, conditions, provisions or events shall apply.
b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
c. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
7. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of little kind or character.
8. "City engineer" means the city engineer or city officials he/she may designate to carry out the administration of this chapter.
16.48.050 Definitions.
As used in this chapter, the following terms are defined in this section:
"Assessable space" means the same as in Government Code Section 65995(b)(1). "Building permit" means an official document or certificate issued by the city authorizing the construction of any structure used or intended for supporting or sheltering any use or occupancy.
"City" means the city of Visalia, a Charter Law city.
"Development permit" means a regulatory approval by the city. "District" means the Visalia Unified School District.
"Feepayer" means a person commencing a land development activity that requires the issuance of a building permit or permit for mobile home installation. "School development impact fee" means a fee, charge, dedication or other requirement the district is authorized to levy against a development project pursuant to Government Code Section 53080 and as said fee may be adjusted from time-to-time by the state Allocation Board pursuant to Government Code Section 65995(b)(2).
16.48.060 Imposition of environmental impact mitigation—School overcrowding—Fee.
A. Any person who, after the effective date of this chapter, seeks to develop land within the city by applying for: a building permit; an extension of a building permit issued prior to that date; a permit for manufactured home installations; or an extension of a permit for manufactured home installation issued prior to that date, is required to pay an environmental impact mitigation – school overcrowding – fee in the manner set forth in this chapter.
962
B. No new building permit or new permit for manufactured home installation for any activity requiring payment of an impact fee pursuant to Section 16.48.060(A) shall be issued unless and until the environmental impact mitigation – school over-crowding – fee required has been paid.
C. No extension of a building permit or permit for manufactured home installation issued prior to the effective date of this chapter, for any activity requiring payment of an impact fee pursuant to Section 16.48.060(A) shall be granted unless and until the environmental impact mitigation – school overcrowding – fee required has been paid.
This subsection shall not apply if the applicant applying for an extension of a building permit or permit for manufactured home installation can demonstrate that a good faith effort has been applied to begin construction or that substantial completion has occurred in conformance with the approved building permit or permit for manufactured home installation.
16.48.070 Fee schedule.
A. The council shall establish by resolution, a schedule of environmental impact mitigation – school overcrowding – fees calculated to provide the sum of money necessary to pay for the share of the new facilities estimated total construction cost identified to be funded with environmental impact mitigation – school overcrowding – fees, as set forth in the report entitled "Environmental Impact Mitigation – School Overcrowding – Fee Justification Report". Such schedule shall be conditional and based on the following findings by the council:
1. The planned school facilities are in conformity with the land use element of the general plan of the city;
2. The development of property will require construction or acquisition of additional school facilities and that the fees are fairly apportioned on the basis of benefit conferred on property developed or to be developed or on the need for planned school facilities created by proposed or existing development of property;
3. That school facilities planned, including the conversion of additional elementary schools to year-round education, are in addition to any existing school facilities serving the district at the time of adoption of the land use element and are necessary to complete the plan for school facilities.
B. The schedule of fees shall be those amounts in effect on July 1, 1995 as established by Resolution No. 92-76 of the council and as adjusted pursuant to ordinance provisions adopted prior to the effective date of the ordinance codified in this section and shall remain in effect until July 1, 1997. Effective July 1, 1997, and each succeeding July 1st thereafter, the schedule of fees shall be adjusted in accordance with the following criteria:
1. On April 1st of each year the city engineer shall review the current National Engineering News Record Construction Cost Index (ENRCCI). When such index differs from the index for the preceding April 1st, the factor of increase or decrease shall be 963
applied to the schedule of fees. Such factor shall be computed by dividing the ENRCCI for the current April 1st by that pertaining to the previous April 1st. The individual environmental impact mitigation – school overcrowding – fees may be multiplied by said factor to determine the adjusted schedule of fees. The engineer shall present the new fee schedule for adoption by resolution of council after at least one public hearing. The revised fees shall become effective on the July 1st following except in no case shall the revised fees become effective until sixty (60) days following the publication of the revised fees.
2. If in the determination of the city engineer the adjustments of the schedule of fees produced by the procedure in subdivision 1 of this subsection is not representative of the actual change in costs of the planned school facilities, the city engineer may, in lieu of the procedures set forth in said subdivision, compute a new schedule of fees for adoption by resolution of the council after at least one public hearing. In addition, the district may request that the City Council review the fees to ensure that they are representative of the actual change in costs of the planned school facilities.
3. In the event of the adoption of a new schedule of fees by resolution of the council, such new schedule shall become effective sixty (60) days after the adoption thereof by the council. The adjustment of such schedule provided in subdivision 1 of this subsection shall begin the April 1st next occurring after adoption of the new schedule.
16.48.080 Computation of the amount of environmental impact mitigation—School overcrowding —Fee.
A. The environmental impact mitigation—school overcrowding—fee shall be equal to the difference between the fee established by the schedule of fees adopted or revised pursuant to Section 16.48.070 and the school development impact fee already assessed and collected by the district but in no case shall this difference be considered a credit to the feepayer.
B. Government Code Section 6599(b)(3) requires the State Allocation Board to review, at regular intervals, the school development impact fees. If within one hundred eighty (180) days of any action by the State Allocation Board to modify the school development impact fee either upward or downward, the district does not adjust the school development impact fee already assessed and collected by the district to reflect the action of the State Allocation Board, the city shall use the amount authorized by the State Allocation Board in its calculations to determine the amount of the environmental impact mitigation – school overcrowding – fee.
C. For new residential construction the fee paid pursuant to this chapter shall be equal to the product of the environmental impact mitigation – school overcrowding –fee identified in subsection (A) of this section and the assessable space for the building under consideration. For residential remodel construction the criteria imposed by Government Code Section 53080(a)(1) shall apply. For senior citizen housing, a residential care facility, or a multilevel facility for the elderly, criteria imposed by Government Code Section 65995.1 shall apply.
964
D. This chapter shall not apply to building permits issued for commercial, office or industrial projects.
16.48.090 Payment of fee.
A. The feepayer shall pay the environmental impact mitigation – school overcrowding – fee required by this chapter prior to the issuance of a building permit or a permit for mobile home installation. This fee paid shall be in addition to and collected in the same manner as the school development impact fee already assessed and collected by the district.
B. All funds collected shall be properly identified and used solely for the purposes specified in Section 16.48.110.
16.48.100 Timing of fee payment.
A. Notwithstanding the requirements of Section 16.48.090, the City Council may, by resolution, authorize the payment of the fee at a time other than that identified in Section 16.48.090.
B. In adopting the resolution identified in subsection (A) of this section the City Council shall make the following findings:
1. That the state of the economy in the city is such that the deferment of the fee required by this chapter will stimulate the economy and enhance the provision of jobs; and
2. That the deferment of the fee required by this chapter will not materially affect the ability of the city to deliver its five-year capital improvement program.
C. In adopting the resolution identified in subsection (A) of this section, the City Council shall:
1. Identify the point in time at which the fee shall be paid; provided, that in no event shall the deferral be extended beyond the time of the final inspection or issuance of the certificate of occupancy, whichever occurs first;
2. Identify to which major land use category (i.e., residential, commercial, office and/or industrial) the resolution applies;
3. Identify whether or not a contract shall be entered into by and between the property owner, or lessee if the lessee's interest appears of record, and the city prior to the issuance of the building permit. If a contract is required to be executed, it shall be processed and recorded in accordance with Government Code Section 66007(c). In lieu of entering into a contract, if one is required, the feepayer may provide such other form of surety instrument guaranteeing payment of the fee as may be acceptable to the city engineer or his/her designees and the city attorney;
965
4. Impose a penalty, equal to one hundred (100) percent of the amount of the fees deferred on any party who fails to pay the deferred fee by the point in time specified in said resolution; and
5. Provide that a party who fails to pay said deferred fees by the point in time specified in said resolution shall further forfeit the future right to defer such fees on parcels in which said party has a financial interest.
16.48.110 Use of funds.
A. Funds collected from environmental impact mitigation – school overcrowding – fees shall be used to fund or partially fund the construction or reconstruction of school facilities to meet the needs of new residential development in the district to include residential infill projects and residential remodel projects that meet the criteria of Section
16.48.080(B). The use of these fees shall be in accordance with Government Code Section 53080 et seq. and Government Code Section 65995 et seq.
B. Funds may be used to provide refunds as described in Government Code Section 53080.3. Refunds shall be processed in accordance with Section 16.48.120.
C. The city may retain a portion of the fee per building permit issued for which the fee is paid as compensation for the expense of collecting the fee and administering this chapter consistent with Government Code Section 53080(a)(5). The City Council shall establish this amount by resolution.
16.48.120 Refund of fees paid.
A. If a building permit or permit for manufactured home installation expires without commencement of construction, then the feepayer shall be entitled to a refund, without interest, of the fee paid plus a condition of its issuance; except, that the city and district shall retain three percent of the fee, to be shared equally, to offset a portion of the costs of collection and refund. The feepayer must submit an application for such refund to the city engineer within thirty (30) days of the expiration of the permit. Within ten working days of receipt of an application for refund the city engineer shall notify the district in writing of such refund request and the status of the building permit. The district shall issue a refund within twenty (20) working days or issue written findings as to why the refund shall not be made.
B. Any funds not expended or encumbered by the end of the calendar quarter immediately following five years from the date the fee was paid shall, upon application of the then current landowner, be returned to such landowner with any interest incurred thereon; provided, that the landowner submits an application for a refund to the city engineer within one hundred eighty (180) days of the expiration of the six-year period.
Within ten working days of receipt of an application for refund the city engineer shall notify the district in writing of such refund request. The district shall issue a refund within 966
twenty (20) working days or issue written findings as to why the refund shall not be made.
16.48.130 Exemption and credits.
A. The following shall be exempted from payment of the environmental impact mitigation – school overcrowding – fee. Any claim of exemption must be made no later than the time of application for a building permit or permit for mobile home installation.
Any claim not so made shall be deemed waived.
1. The reconstruction of any residential structure that is damaged or destroyed as a result of a disaster pursuant to Government Code Section 53080.6;
2. An applicant for a development permit who has prepared and submitted a mitigation plan identifying how he/she plans to provide for the mitigation of the impacts the proposed project may have on the facilities of the district; provided that the district presents the city with a written statement signed by its superintendent, or his/her designee, indicating that the district accepts the mitigation plan. The phrase "mitigation plan" as used in this chapter shall include, but not be limited to, financing or construction measures that provides funds or structures (through purchase, sale, or lease-back) for permanent school district facilities or any modification to the proposed project that reduces or eliminates the impact on the district.
B. The District may grant a credit for land and facilities dedicated to the district consistent with the policies of the City's General Plan. The responsibility for negotiating such a credit shall rest with the district and the feepayer and any such credit granted shall not be considered by the city unless and until a written statement signed by the superintendent, or his/her designee, of the district indicating that the district grants the credit. The responsibility for managing the accounting of such credits shall rest with the district.
16.48.140 Penalty provisions.
A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution the city shall have the power to sue in civil court to enforce the provisions of this chapter.
16.48.150 Sunset clause.
This chapter shall terminate one hundred eighty (180) days following any action taken by the state of California to either eliminate the provisions of Government Code Section 53080 et seq., or the elimination of the caps on school development fees imposed by Government Code Section 65995 et seq.
967
16.48.160 Severability.
If any section, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
968
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
HWY 99
HWY 99
HWY 198 ROAD 60
ROAD 68
ROAD 76
HWY 198
ROAD 156
ROAD 148
ROAD 124
SHIRK ST.
AKERS ST.
SHIRK ST.
AKERS ST. AVENUE 320 AVENUE 320 KELSEY ST.
AVENUE 264
AVENUE 272
DEMAREE ST.
LOVERS LANE
LINWOOD ST.
DEMAREE ST.
LOVERS LANE
WALNUT AVE.
TULARE AVE.
GOSHEN AVE.
RIGGIN AVE. RIGGIN AVE.
GOSHEN AVE.
TULARE AVE.
WALNUT AVE.
MOONEY BLVD.
SANTA FE ST.
MOONEY BLVD.
DINUBA BLVD.
McAULIFF ST.
HOUSTON AVE.
CALDWELL AVE. CALDWELL AVE. BEN MADDOX WAY BEN MADDOX WAY WHITENDALE AVE.
Legend
SB9, Up to 4 units
SHRA, Up to 10 units
SSO, 11 to 80 units
SSO, 81 to 160 units
City Limits
Sites Eligible for Streamlining by Measure ´ ²969
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
HWY 99
HWY 99
HWY 198 ROAD 60
ROAD 68
ROAD 76
HWY 198
ROAD 156
ROAD 148
ROAD 124
SHIRK ST.
AKERS ST.
SHIRK ST.
AKERS ST. AVENUE 320 AVENUE 320 KELSEY ST.
AVENUE 264
AVENUE 272
DEMAREE ST.
LOVERS LANE
LINWOOD ST.
DEMAREE ST.
LOVERS LANE
WALNUT AVE.
TULARE AVE.
GOSHEN AVE.
RIGGIN AVE. RIGGIN AVE.
GOSHEN AVE.
TULARE AVE.
WALNUT AVE.
MOONEY BLVD.
SANTA FE ST.
MOONEY BLVD.
DINUBA BLVD.
McAULIFF ST.
HOUSTON AVE.
CALDWELL AVE. CALDWELL AVE. BEN MADDOX WAY BEN MADDOX WAY WHITENDALE AVE.
Legend
SB9, Up to 4 units
SHRA, Up to 10 units
SSO, 11 to 80 units
SSO, 81 to 160 units
City Limits
Sites Eligible for Streamlining by Measure ´ ²970
Map Streamlining
Ordinance
City Council
June 1, 2026
Planning Division
971
SINCE WE LAST DISCUSSED
• Proceeded with drafting the subdivision streamlining ordinance • Determined the higher lot threshold (20%) requested by your Council • Conducted outreach with the Building Industry Association; very receptive to proposed changes
• Received Planning Commission’s recommendation; recommended 80-lot threshold to assess effect of streamlining, concerns over hasty approvals, and lack of checks and balances.
972
20% LOTS CALCULATION
• An 80-lot threshold would have resulted in 10 maps, or 6% of the total 6,315 lots approved. • Increasing the number to 20% of those 6,315 lots approved would equate to 17 maps (+7) or 1,227 lots approved.
• Sorting the maps by lot count in ascending order (smallest to the largest), getting to 1,227 lots identified the largest map was 160 lots.
• Therefore, streamlining 20% of the lots approved in the past would result in a 160-lot threshold.
973
P L A N N I N G D I V I S I O N
W H A T A 1 6 0-L O T T H R E S H O L D W O U L D L O O K L I K E visalia.gov
Sites Lots
80 Lot Threshold 19 604
160 Lot Threshold +1 +96
Urban Lot Splits 5 20
Starter Home Developments 17 115
974
KEY ORDINANCE CHANGES: REVIEW AUTHORITY
Application Type City Planner City
Engineer SPR Staff City Manager
Planning
Commission City Council
Nonresidential Maps
Small and simple maps R R R D A A
All other tentative maps R R R D A
Residential Tentative Maps
Small and simple maps R R R D A A
All other tentative maps R R R D A
Urban lot splits D R R A
Small lot subdivisions D R R A
Condo Conversions R R R D A
Final and Parcel Maps R R D
Time Extensions D R A
Lot Line Adjustments D R A
R = Advise/Recommend
D = Decision
A = Appeal
975
EXISTING PROCESS
Site Plan Review
Completeness Review
Project Review Environmental
Review
Public Hearing Notice
(Nearby Property
Owners, Residents,
Newspaper)
Planning Commission
Hearing Appeal Period
City Council
(if appealed)
976
PROPOSED PROCESS FOR SIMPLE MAPS
Site Plan Review
Completeness Review
Project Review Environmental Review
Administrative Hearing
Notice
(Nearby Property
Owners and Residents)
Administrative Hearing
Decision Notice of Decision
Appeal Period
Planning Commission
City Council
(if appealed)
977
KEY ORDINANCE CHANGES
• Administrative hearing process for simple maps
• Notice to nearby property owners and residents within 300 feet, 10 days prior to administrative hearing; staff report available 10 days prior to hearing. No newspaper notice.
• Added other streamlining provisions (SB 9 / Urban Lot Splits) and SB 1123 (Starter Home Subdivisions) that the City is already required by law to implement. 978
HOUSEKEEPING CHANGES
• Processing-related changes consistent with current departmental practices (e.g. no more hardcopy plans, noticing maps prepared by applicant, noticing residents, newspaper notices for tentative maps reviewed by Planning Commission)
• Chapter 16.48, relating to school impact fees, is proposed to be removed because it was superceded by SB 50 in 1998. No other relation to environmental impact mitigation. • Tentative map extensions: Proposed by staff and recommended by Planning Commission for inclusion. These currently go to Planning Commission for approval by consent calendar, and are considered routine.
979
ENVIRONMENTAL REVIEW
1. The proposed ordinance does not create a new ministerial approval process. All applicable projects are still subject to CEQA.
2. Adopting an ordinance implementing SB 9 and SB 1123 are exempt under Government Code Sections Sections 66411.7(n) and 66499.41(i).
3. Therefore, the project is exempt under CEQA due to a “common sense exemption”.
980
RECOMMENDED MOTION
I move to introduce for first reading of Ordinance No.
2026-04, amending Visalia Municipal Code Title 16
(Subdivisions) to implement a streamlined process for
small and simple maps to include a ___-lot threshold.
981
Questions
&
Discussion
982
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0001 Agenda Date: 6/15/2026 Agenda #: 33.
Agenda Item Wording:
Designate City owned property into public right of way - Adopt Resolution 2026-45 designating City owned property located west of the intersection of Demaree Street and Pratt Avenue into the public right of way system.
Agenda Date: 06/15/2026
Prepared by:
Jason Huckleberry, Engineering & Building Director, (559) 713-4495, [email protected] Department Recommendation:
Staff recommends that the City Council adopt Resolution 2026-45, designating portions of City owned property located west of the intersection of Demaree Street and Pratt Avenue into the public right of way system.
Summary:
The developer of the Belissa Phase 1 subdivision, TH Crandell Visalia LLC, has coordinated with Southern California Edison (SCE) to provide essential utility infrastructure near and around the developer’s residential subdivision. SCE’s approved plans provide power to the new residential development but require additional City property to be dedicated for public right of way to ensure SCE facilities can be installed properly. The City owned property being converted into public right of way are currently landscape outlots adjacent to various streets and were previously dedicated with the Amended Belissa Phase 1 subdivision (recorded in 2026) and the Wild Horse Ranch No. 2 subdivision (recorded in 2005) maps.
This dedication of six areas of City owned property is being requested in lieu of providing specific SCE easements that they have requested. The dedication of public right of way for the areas described in Attachment A & B provides SCE with full rights as conveyed in existing franchise agreements.
Background Discussion:
On May 28, 2026, the Amended Belissa Subdivision Phase 1 subdivision map was recorded, subdivided approximately 42.84 acres into 147 single family residential lots, including associated public improvements, open space areas, and required dedications. The development project has now progressed and is preparing to install final electrical facilities for the residential development.
The utilities being installed surrounding the project will provide future services to the new neighborhood.
Fiscal Impact including annual maintenance and operating costs:
The approval of this agenda item has no fiscal impact, the outlot areas being converted to right of Visalia City Council Page 1 of 2 Printed on 6/12/2026
powered by Legistar™983
File #: 26-0001 Agenda Date: 6/15/2026 Agenda #: 33.
way are already maintained through a landscape and lighting assessment district.
Prior Council Action:
April 20, 2026 - Council approved the Amended Belissa Subdivision Phase 1 final map for recording.
December 2, 2026 - Council approved the Belissa Subdivision Phase 1 final map for recording.
Alternatives: Reject the conversion of City owned property into public right of way and consider SCE easements to be placed on City owned property. Easements are not recommended.
Recommended Motion (and Alternative Motions if expected):
I move to adopt Resolution 2026-45, designating City owned property located west of the intersection of Demaree Street and Pratt Avenue into the public right of way system.
Environmental Assessment Status: Complete
CEQA Review: Mitigated Negative Declaration No. 2022-39 Deadline for Action: 06/15/2026
Attachments:
1. Attachment A - Legal Description
2. Attachment B - Overall Exhibit
3. Amended Belissa Subdivision Phase 1 Recorded Final Map
4. Wild Horse Ranch No. 2 Recorded Final Map
5. Resolution 2026-45
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 Page 2 of 2 Printed on 6/12/2026
powered by Legistar™984
ATTACHMENT ‘A’
Legal Description
Area #1
Lot ‘A’ of Amended Belissa Subdivision Phase 1, as per map recorded in Volume 45 of maps, at Page 78, Tulare County Recorders, in the City of Visalia, County of Tulare, State of California.
Area #2
The northerly 6’ of Lot ‘D’ of Amended Belissa Subdivision Phase 1, as per map recorded in Volume 45 of maps, at Page 78, Tulare County Recorders, in the City of Visalia, County of Tulare, State of California.
Area #3
985
Area #4
Lot ‘M’ of Amended Belissa Subdivision Phase 1, as per map recorded in Volume 45 of maps, at Page 78, Tulare County Recorders, in the City of Visalia, County of Tulare, State of California.
Area #5
The westerly 20’ of Lot ‘A’ of Wild Horse Ranch No. 2 Subdivision, as per map recorded in Book 41 of maps, at Page 85, Tulare County Records, in the City of Visalia, County of Tulare, State of California.
Area #6
Lot ‘N’ of Amended Belissa Subdivision Phase 1, as per map recorded in Volume 45 of maps, at Page 78, Tulare County Recorders, in the City of Visalia, County of Tulare, State of California.
986
987
988
989
990
991
992
993
994
995
996
997
RESOLUTION NO. 2026 - 45
A RESOLUTION OF THE VISALIA CITY COUNCIL
ACCEPTING A PORTION OF CITY OWNED
PROPERTY INTO THE PUBLIC STREET SYSTEM
WHEREAS, the City of Visalia, State of California, owns real property, intended for a landscaping, sidewalk and other public purposes, including but not limited to setback from the currently designated public streets, designated as “Lot A”, “Lot D”, “Lot J”, “Lot M”, “Lot N” per Amended Belissa Subdivision Phase 1 Final Map and “Lot A” per Wild Horse Ranch No. 2 Final Map; located west of Demaree Street, north of Riverway Avenue in the City of Visalia; and WHEREAS, the City of Visalia desires to accept “Lot A”, “Lot M” and “Lot N” and portions of “Lot D” and “Lot J” per Amended Belissa Subdivision Phase 1 Final Map and a portion of “Lot A” per Wild Horse Ranch No. 2 Final Map into the public street system, with the total size of the six areas of land totaling approximately 3,465 square feet; and WHEREAS, said area is more particularly described in Attachment “A” legal description and Attachment “B” a diagram depicting the location of the area being accepted into the public street system as part of the area referred to as Pratt Avenue, Owen Avenue, and Riverway Avenue; and
WHEREAS, Section 1806(b) of the California Streets and Highways Code states that no public or private street or road shall become a city street or road until the governing body, by resolution, has caused the street or road to be accepted into the city street system; and WHEREAS, pursuant to state law requirements, the City Council may by resolution authorize the acceptance of a portion of a public street or road into the public street system.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City of Visalia, does hereby accept into the public street system the above described area of City-owned property, totaling approximately 3,465 square feet of “Lot A”, “Lot M”, and “Lot N” and portions of “Lot D” and “Lot J” per Amended Belissa Subdivision Phase 1 Final Map and a portion of “Lot A” per Wild Horse Ranch No. 2 Final Map.
PASSED AND ADOPTED: June 15, 2026 LESLIE CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2026-45 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 15, 2026.
Dated: June 16, 2026 LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
998
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0002 Agenda Date: 6/15/2026 Agenda #: 34.
Agenda Item Wording:
Grant Authorization - Authorize staff to apply for the America Society for Prevention to Animals grant of up to $100,000 to fund supplies and subsidize approximately 700 Trap Neuter and Release cat surgeries and 100 large canine spay/neuter procedures for the Visalia community, and authorize appropriation of grant funds if awarded.
Agenda Date: 06/15/2026
Prepared by: Candace Harrington, Animal Services Manager 559-713-6782, [email protected]
Jason Glick, Parks & Recreation Director 559-713-4042, [email protected] Department Recommendation: Authorize the Visalia Animal Services Department to apply for the ASPCA grant of up to $100,000 by the June 26, 2026 extension deadline to purchase supplies and subsidize cat Trap Neuter and Release (TNR) surgery fees and subsidize large canine spay/neuter for the Visalia community. Staff is also requesting to appropriate the grant funding if awarded.
Summary:
Animal Services staff is requesting authorization to apply for the American Society for Prevention of Cruelty to Animals (ASPCA) grant for up to $100,000. $60,000 of these funds would go towards the Trap Neuter and Release (TNR) program for feral cats living in Visalia covering 700 cat surgeries.
This will also cover the cost for purchasing 20 feral cat mammal boxes to house the feral cats in while waiting for surgery.
Additionally purchasing 20 humane cat traps to assist with capturing the feral cats in the Visalia community. The remaining $40,000 would go towards subsidizing the cost for spaying and neutering large canines owned by Visalia residents. These funds, in total, would help 800 animals in the community lowering the animal population. The grant funding is available to residents of Visalia within the city limits prioritizing huskies, shepherds, pitbull mixes and other large breed canines. Any leftover funds will be allocated to TNR surgery for cats living outside the City of Visalia in contracted animal services cities. The grant has to be spent within one calendar year following being awarded.
Background Discussion:
Animal Services staff was presented with an opportunity to apply for an American Society for Prevention of Cruelty to Animals (ASPCA) Grant. The application to be submitted by staff requests a total of $100,000, which was divided between a request for $60,000 to spay and neuter 700 TNR cats and $40,000 to spay and neuter 100 large canines owned by Visalia residents.
The City was notified of the grant opportunity and has until June 26,2026 deadline to apply.
Proposed Use of Grant Funds:
Visalia City Council Page 1 of 2 Printed on 6/12/2026
powered by Legistar™999
File #: 26-0002 Agenda Date: 6/15/2026 Agenda #: 34.
This grant would be used to reduce the animal population by spaying and neutering 700 TNR cats for $54,000, along with the purchase of 20 humane cat traps for $3,000 and 20 feral cat mammal boxes for $3,000. This grant will also cover the cost for 100 large canine spay/neuter surgeries for owned animals by residents of Visalia. This will be a similar program to the Chi/Pit Program but prioritizing Husky, Shepherds, and Pitbull mixes costing $40,000 totaling the grant to $100,000. If there are grant funds left over, funds will be allocated to TNR surgery for cats living outside the City of Visalia in contracted Animal Service Cities.
Fiscal Impact including annual maintenance and operating costs: The ASPCA grant to the City of Visalia will cover the cost of purchasing 20 humane cat traps, 20 feral cat mammal boxes and cover the spay/neuter surgery costs for 700 TNR cats in the Visalia community along with covering the cost for 100 large canine spay neuters for Visalia Residents. The total impact would help 800 animals in our community be spayed/neutered to reduce the overall animal population. The operation of this program would use current City staff and would not result in any material increase in cost to the Animal Services Fund. No General Fund money is requested for this program.
Prior Council Action: None
Alternatives: To not apply for the Grant.
Recommended Motion (and Alternative Motions if expected):
I move that Council authorizes staff to apply for the ASPCA grant for up to $100,000 for purchasing supplies and subsidizing both TNR surgery fees and large dog spay/neuter fees for the Visalia community; and appropriate if grant is awarded.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments: Attachment A: ASPCA Grant Information
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 Page 2 of 2 Printed on 6/12/2026
powered by Legistar™1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0004 Agenda Date: 6/15/2026 Agenda #: 35.
Agenda Item Wording:
Award contract to replace Visalia Police Department handguns - Authorize the City Manager to enter into contract with LC Action Police Supply, not to exceed $177,100, to replace Police Department handguns and associated equipment, and Proforce not to exceed the amount of $38,900 to replace Police Department holsters; and appropriate $228,200 from the General Fund.
Agenda Date: 06/15/2026
Prepared by:
Police Chief Jason Salazar, 559-713-4215, [email protected]; Police Captain Dan Ford, 559-713-4151, [email protected]; Financial Analyst Liz Ybarra, 559-713-4250, [email protected] Department Recommendation:
Authorize the City Manager to enter into contract with LC Action Police Supply, not to exceed $177,100 to replace Visalia Police Department handguns and associated equipment, and Proforce not to exceed the amount of $38,900 to replace Visalia Police Department holsters; and appropriate $228,200 from the General Fund.
Summary:
In September of 2025, City Council authorized the replacement of the Department issued Sig Sauer handgun due to safety concerns that had arisen. The council unanimously approved the replacement with the Department recommended Smith and Wesson M&P 2.0. The M&P 2.0 had been thoroughly tested by Department Range staff and any other officers who wished to test it. Based on these evaluations, it was selected and upon approval from City Council, 200 firearms were ordered.
The department received the order in February of 2026. In March of 2026, as the Department was beginning the transition phase of the process, several quality issues for the firearm were observed by Range staff resulting in an engineering team from Smith and Wesson being dispatched to the department. Further inspection by this team confirmed the observations by City staff. Based on the totality of the circumstances, as well as staff commitment to ensuring confidence in the department issued handgun, it was elected to stop the transition, return the firearms to Smith and Wesson, and pursue the remaining option of the Glock 17.
The Glock 17 Generation 6 was tested during the same period as the M&P 2.0. Although the officer’s preference was toward the M&P 2.0, officers were comfortable with the Glock 17 as an alternative option. Glock is a common firearm issued in the law enforcement profession and has a long history or reliable manufacturing and deployment. Range staff are confident that firearms will meet the demands and that Officers will not encounter the same performance concerns that arose with the M&P 2.0. The Glock is less expensive than the M&P 2.0 and once all transactions are complete, there will be cost savings for the City. As with the Smith and Wesson, the Glock will be equipped with a reliable optic sight (Aimpoint) and is capable of being equipped with our current firearm tac-light Visalia City Council Page 1 of 4 Printed on 6/12/2026
powered by Legistar™1010
File #: 26-0004 Agenda Date: 6/15/2026 Agenda #: 35.
a reliable optic sight (Aimpoint) and is capable of being equipped with our current firearm tac-light which has proven to be reliable.
In addition to the purchase of the firearm, additional holsters will need to be purchased that are made specifically for the Glock. Staff have worked with Proforce to obtain a credit for all M&P 2.0 holsters that were unopened/unused. Because of the nature of the holsters used, staff will be able to use some equipment associated with previously purchased M&P 2.0 holsters, resulting in a slight decrease in cost. Separate staff are working with Smith and Wesson to obtain reimbursement for costs incurred by City staff, including the firearms, magazines, all holsters that were not able to be returned, ammunition expended during the initial stages of the transition project and time spent by City staff resolving equipment concerns
Background Discussion:
In April of 2021, the City awarded a contract for the purchase of the Department’s Sig Sauer P320 (P320). Since the deployment of this firearm, safety concerns have arisen that have resulted in a nationwide shift away from the use of this firearm, including several law enforcement organizations and training providers banning the use of the Sig P320. As a result of this, department staff began reviewing replacement options and selected the Smith and Wesson M&P 2.0. This recommendation was taken to City Council in September of 2025 and received unanimous approval. The issued CIP for this project included the following equipment:
Unit
Price
Unit
Amount
Net Cost Tax/Shipping Total Vendor
Firearm $907.55 200 $181,510.00 $15,428.36 $196,938.36 ProForce Magazines $22.59 165 $3,727.35 $316.83 $4,044.18 ProForce Duty Holster $132.00 200 $26,400.00 $2,244.00 $28,644.00 ProForce Paddle Holster $85.00 35 $2,975.00 $252.88 $3,227.88 ProForce Leg Holsters $192.00 40 $7,680.00 $652.80 $8,332.80 ProForce Armorer Kits $300.00 12 $3,600.00 $3,600.00 TBD
Ammunition $234.56 100 $23,456.00 $2,738.80 $26,194.80 Dooley Project Total $270,982.02
The Department received the order in February and began the transition phase of this project in March. During the first transition classes, quality issues were observed by Department Range Masters that resulted in halting any further course for safety reasons, and Smith and Wesson deploying a team to inspect all firearms purchased by the Department. The inspection by this team confirmed the observations by Range staff and identified additional quality control concerns. With this information in mind, and after talking with representatives of both Police Officer Associations, it was determined that staff confidence necessitated the return of the Smith and Wesson and to continue the issuance of the Sig Sauer 320 until the remaining option, the Glock 17, was purchased.
Staff are actively working with Smith and Wesson to ensure full compensation for the firearms, associated magazines, used/opened holsters that staff are unable to return, expended ammunition, and any related fees incurred during this process. Additionally, staff have worked with Proforce to obtain a credit for the unopened/unused holsters which includes a restocking fee, as long as the City purchases the replacements from them. While these issues are still being negotiated City staff expect Visalia City Council Page 2 of 4 Printed on 6/12/2026
powered by Legistar™1011
File #: 26-0004 Agenda Date: 6/15/2026 Agenda #: 35.
purchases the replacements from them. While these issues are still being negotiated City staff expect the amount to be reimbursed will offset the funds needed for this purchase.
Fiscal Impact including annual maintenance and operating costs:
Staff are requesting to establish a CIP account in the General Fund (001) for $228,200. As noted above, Staff expects the amount to be reimbursed will offset the funds needed for this purchase.
The purchase from LC Action and Proforce is an exception to the City’s purchasing policy due to the urgency of the purchase. To ensure the City was receiving the best price for each product, staff received quotes from vendors as listed below:
§ Glock 17 - Staff received quotes from Gun Gallery and LC Action. LC Action was the low quote.
§ Holsters - Staff received the quotes from Alien Gear and Proforce. Proforce provides a credit of $16,636 for previously purchased holsters. No other vendors would provide credit for previously purchased holsters.
§ Ammunition - Dooley’s is the only vendor that supplies the model of ammunition used by staff and capable of providing the needed amount. It will be acquired through standard purchase processes.
§ Armorer Kits - The kits specific to this weapon were found at LC Action. These kits are a comprehensive toolset designed for the maintenance, repair, and customization of a firearm.
Staff are estimating the budget needed and will purchase when available through the purchasing process.
Below is a cost summary for each item:
Unit Price Unit
Amount
Net Cost Tax/
Shipping
Total Vendor
Glock 17 Gen 6 $800.63 200 $160,126.00 $13,610.71 $173,736.71 LC Action Magazines $18.70 165 $3,085.50 $262.27 $3,347.77 LC Action Paddle Holster $84.36 35 $2,952.60 $250.97 $3,203.57 ProForce Leg Holster $62.48 6 $374.88 $31.86 $406.74 ProForce
Holster Shell $128.19 21 $2,691.99 $228.82 $2,920.81 ProForce Duty Holster $146.86 204 $29,959.44 $2,546.55 $32,505.99 ProForce Ammunition $234.56 29.5 $6,919.52 $1,124.61 $8,044.13 Dooley Armorer Kit $306.00 12 $3,672.00 $312.12 $3,984.12 LC Action Project Total $228,149.84
Visalia City Council Page 3 of 4 Printed on 6/12/2026
powered by Legistar™1012
File #: 26-0004 Agenda Date: 6/15/2026 Agenda #: 35.
Prior Council Action: N/A
Alternatives: Deny the recommended motion.
Recommended Motion (and Alternative Motions if expected):
Authorize the City Manager to bypass the bid process and enter into contract with LC Action Police Supply, not to exceed $177,100 to replace the Visalia Police Department handguns and associated equipment, and Proforce not to exceed the amount of $38,900 to replace Visalia Police Department holsters; and appropriate $228,200 from the General Fund.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments: Quotes
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 Page 4 of 4 Printed on 6/12/2026
powered by Legistar™1013
QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.
QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
COMMENT
TERMS
756407 1
A.S.A.P.
CITY OF VISALIA CITY OF VISALIA POLICE DEPT
FINANCE DEPARTMENT 303 S JOHNSON ST
PO BOX 5078
VISALIA CA 93278 VISALIA CA 93291
559-713-4802
NA 05/06/26 000066 C GREGG MCCLUNG F-2D FOB ORIGIN
116 R3M0880BKRHLLAB 112.20- EA 13,015.20CR
AGH RPD DUTY HLST LVL 3 RH BLK .00
S&W (R3-M-0880-BK-RH-LL-AX-B)
5 R3M0880BKLHLLAB 112.20- EA 561.00CR
AGH RPD DUTY HLST LVL 3 LH BLK .00
S&W (R3-M-0880-BK-LH-LL-AX-B)
6 R3M0880TNRHLLAB 112.20- EA 673.20CR
AGH RPD DUTY HLST LVL 3 RH TAN .00
S&W (R3-M-0880-TN-RH-LL-AX-B)
14 R2P0880BKRLLAXB 72.25- EA 1,011.50CR
AGH RPD DUTY L2 RH BLK S&W MP9 .00
W LGT(R2-P-0880-BK-RH-LL-AX-B)
1 R2P0880BKLLLAXB 72.25- EA 72.25CR
AGH RPD DUTY L2 LH BLK S&W MP9 .00
W/LGT(R2-P-0880-BK-LH-LL-AX-B)
This quote is valid for 15 days, pending credit approval, and is subject to manufacturer's
availability and price change. Please call (800) 367-5855 if this bid is still pending on the expiration date for updated pricing.
Standard Terms are Net 30 days. If department policy does 1014
QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.
QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
COMMENT
TERMS
756407 2
A.S.A.P.
CITY OF VISALIA CITY OF VISALIA POLICE DEPT
FINANCE DEPARTMENT 303 S JOHNSON ST
PO BOX 5078
VISALIA CA 93278 VISALIA CA 93291
559-713-4802
NA 05/06/26 000066 C GREGG MCCLUNG F-2D FOB ORIGIN
not allow for partial shipments and payments, separate
purchase orders for each item will be necessary.
Standard manufacturer's warranty applies to all department ProForce Law Enforcement agrees to defend, indemnify and hold harmless its customers from claims for personal
injury or property damages, to the extent arising from the negligent acts or omissions of ProForce Law Enforcement or its employees, agents or independent contractors.
ORDERING INSTRUCTIONS: Please reply to your sales represen- tative in writing to process this order or send an email to [email protected]. For orders over $5,000, a PO or signed quote is required to process the order.
Returned items are subject to 20% restocking fee. All sales are final on non-stocked/special order items
IMPORTANT: To order from this quotation, please sign below.
Printed Name: ____________________________________________ -
Date: ___________________________ P.O.:___________________ -
Signature: _______________________________________________ SALES AMOUNT 15,333.15CR
RETURN CREDIT QUTOE PER DAN/GREGG
8.500% SALES TAX 1,303.32CR
SUB TOTAL 16,636.47CR
DUE NET 30 DAYS
1015
QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.
QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
COMMENT
TERMS
758029 1
A.S.A.P.
CITY OF VISALIA CITY OF VISALIA POLICE DEPT
FINANCE DEPARTMENT 303 S JOHNSON ST
PO BOX 5078
VISALIA CA 93278 VISALIA CA 93291
559-713-4802
N/A 05/27/26 000066 AX GREGG MCCLUNG DR S-FOB ORIGIN
32 NON-STOCK 84.36 EA 2,699.52
R2-P-0057-BK-RH-LL-AX-B AG .00
UPC:193858855288
Rapid Force Level 2 Holster - Paddle - Glock - Glock
19/19X/19 MOS/23 (Gen
1-4)/44/45/45 MOS, Glock 17/17 MOS/22 (Gen 1-4)/47/47 MOS - Matte Black - Right
Hand - Large Light - With Axon - Bag Packaging
3 NON-STOCK 84.36 EA 253.08
R2-P-0057-BK-LH-LL-AX-B AG .00
UPC:193858855257
Rapid Force Level 2 Holster - Paddle - Glock - Glock
19/19X/19 MOS/23 (Gen
1-4)/44/45/45 MOS, Glock 17/17 MOS/22 (Gen 1-4)/47/47 MOS - Matte Black - Left
Hand - Large Light - With Axon - Bag Packaging
180 R3M0057BKRLLAXB 146.86 EA 26,434.80
AGH RPD HLST MID BLT SLD L3 RH .00
BK BLK GLK 17/47 W/LGT
1016
QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.
QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
COMMENT
TERMS
758029 2
A.S.A.P.
CITY OF VISALIA CITY OF VISALIA POLICE DEPT
FINANCE DEPARTMENT 303 S JOHNSON ST
PO BOX 5078
VISALIA CA 93278 VISALIA CA 93291
559-713-4802
N/A 05/27/26 000066 AX GREGG MCCLUNG DR S-FOB ORIGIN
10 R3M0057BKLLLAXB 146.86 EA 1,468.60
AGH RPD HLST MID BLT SLD L3 LH .00
BK BLK GLK 17/47 W/LGT
10 NON-STOCK 146.86 EA 1,468.60
R3-M-0057-TN-RH-LL-AX-B AG .00
4 NON-STOCK 113.73 EA 454.92
R3-S-0057-TN-LH-LL-A0-B AG .00
19 NON-STOCK 128.19 EA 2,435.61
R3-S-0057-BK-RH-LL-AX-B .00
UPC:193858852393
Rapid Force Level 3 Holster - SHELL ONLY - Glock 19/19X/19 MOS/23 (Gen
1-4)/44/45/45 MOS, Glock 17/17 MOS/22 (Gen 1-4)/47/47 MOS - Matte Black - Right
Handed - Large Light - Axon - Bag Packaging
2 NON-STOCK 128.19 EA 256.38
R3-S-0057-BK-LH-LL-AX-B .00
UPC:193858852331
Rapid Force Level 3 Holster - SHELL ONLY - Glock 19/19X/19 MOS/23 (Gen
1017
QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.
QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
COMMENT
TERMS
758029 3
A.S.A.P.
CITY OF VISALIA CITY OF VISALIA POLICE DEPT
FINANCE DEPARTMENT 303 S JOHNSON ST
PO BOX 5078
VISALIA CA 93278 VISALIA CA 93291
559-713-4802
N/A 05/27/26 000066 AX GREGG MCCLUNG DR S-FOB ORIGIN
1-4)/44/45/45 MOS, Glock 17/17 MOS/22 (Gen 1-4)/47/47 MOS - Matte Black - Left
Handed - Large Light - Axon - Bag Packaging
6 RFXDDBKLBSSLKB 62.48 EA 374.88
AGH RPD HLST DROP LEG LBS BLK .00
STAN STRAP/ BUCKLE BAG PKG
This quote is valid for 15 days, pending credit approval, and is subject to manufacturer's
availability and price change. Please call (800) 367-5855 if this bid is still pending on the expiration date for updated pricing.
Standard Terms are Net 30 days. If department policy does not allow for partial shipments and payments, separate
purchase orders for each item will be necessary.
Standard manufacturer's warranty applies to all department ProForce Law Enforcement agrees to defend, indemnify and hold harmless its customers from claims for personal
injury or property damages, to the extent arising from the negligent acts or omissions of ProForce Law Enforcement or its employees, agents or independent contractors.
ORDERING INSTRUCTIONS: Please reply to your sales represen1018 QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.
QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
COMMENT
TERMS
758029 4
A.S.A.P.
CITY OF VISALIA CITY OF VISALIA POLICE DEPT
FINANCE DEPARTMENT 303 S JOHNSON ST
PO BOX 5078
VISALIA CA 93278 VISALIA CA 93291
559-713-4802
N/A 05/27/26 000066 AX GREGG MCCLUNG DR S-FOB ORIGIN
tative in writing to process this order or send an email to [email protected]. For orders over $5,000, a PO or signed quote is required to process the order.
Returned items are subject to 20% restocking fee. All sales are final on non-stocked/special order items
IMPORTANT: To order from this quotation, please sign below.
Printed Name: ____________________________________________ -
Date: ___________________________ P.O.:___________________ -
Signature: _______________________________________________ SALES AMOUNT 35,846.39
FOR GEORGE WEAVER
BY JOHN GALL FOR SHEA BRIDGES
8.500% SALES TAX 3,046.94
SUB TOTAL 38,893.33
DUE NET 30 DAYS
1019
1088 N FIRST STREET
SAN JOSE CA 95112 Date Jun-08-2026
TEL: 408 294-2677 • FAX 408 294-6444
EMAIL: [email protected]
STATE OF CA SBE CERTIFICATION # 1017260
CUST#
QTY. PRICE TOTAL
12 306.00 3672.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 Notes: $3,672.00
8.50%
312.12
0.00 $3,984.12
QUOTED BY
VISALIA POLICE DEPT.
ATTN: GEORGE WEAVER
PH: 559-713-4504
EMAIL: [email protected]
TOTAL
EST. DELIVERY
DESCRIPTION
GLOCK ARMORER'S KIT (INCLUDES 2987 MANUAL CHANNEL MAINT.
KIT) PART # AK45625
NET 30
LC ACTION POLICE SUPPLY
SUBTOTAL
SALES TAX RATE
SALES TAX
SHIPPING
TERMS
CHRIS SIMON 30-60 DAYS
F.O.B.
QUOTATION
1020
1088 N FIRST STREET
SAN JOSE CA 95112 Date Jun-08-2026
TEL: 408 294-2677 • FAX 408 294-6444
EMAIL: [email protected]
STATE OF CA SBE CERTIFICATION # 1017260
CUST#
QTY. PRICE TOTAL
200 800.63 160126.00
0.00 165 18.70 3085.50
0.00 0.00