Visalia City Council
August 3, 2026

Equipment or Services that are the subject of the claim. (b) All causes of action against Telstar arising out of or relating to this Agreement, or the performance or breach hereof shall be deemed barred unless brought within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar be liable for liquidated damages, offsets or penalties of any kind or to indemnify, defend or hold harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the Equipment and/or Services provided by Telstar.

Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, pandemic, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Telstar for such delay.

Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar for all costs associated with this Agreement, including but not limited to engineering, labor, materials, quote and estimating time, and product return fe es, plus a ten percent (10%) markup to compensate for disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within ten (10) days from the date of submission of charges by Telstar.

Entire Agreement: This Agreement constitutes the entire agreement between Telstar and Customer. There are no agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than those set forth herein or herein provided. This Agreement may only be amended, changed or revised by a written amendment signed by an authorized representative of Telstar. No oral or implied agreements shall be of any force or affect.

Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence and will supersede any and all other conflicting Terms and Conditions.

Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals, Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering time and other costs in preparing re-submittals.

Prevailing Wages: Customer must promptly inform Telstar when a project will be registered on the Department of Industrial Relations. Customer must inform Telstar if Certified Payroll Reports are required to be submitted to Customer. If Customer requests Certified Payroll R eports beyond four weeks in arrears, Customer may be charged an administrative processing fee of $50.00 per week generated for said reports.

Authorized Signers: Only the following officers of Telstar have the legal authority to enter into binding agreements on behalf of Telstar: John D. Gardiner (President), Kyle A. Johnsen (Vice President), Robert S. Marston (Secretary), Benjamin R. Herston (Treasurer). If a document is signed by an unauthorized person, the document will be void and unenforceable.

Industry Material Pricing and Delivery: Telstar is unable to hold prices on materials for more than 7 days from the dates of the Quotation. Prices for plastic, copper, steel, and other commodities fluctuate daily. Our vendors and manufacturers can experience delays due to labor shortages, shortage of containers, port congestion, and raw material shortages that have extended lead times significantly. Material price fluctuations due to tariffs are not included in the quotation and may not be known until time of material shipment. Additional material costs associated with tariffs will be paid by the customer. Telstar reserves the right to change the delivery date and pricing of materials set forth in this Quotation. Telstar considers any of the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject to Force Majeure provisions.

Insurance: Telstar’s standard insurance limits will apply.

Open Shop: Telstar is an Open Shop contractor and will not be signatory to any unions.

Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
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Contractor License #422364
Contractor DIR #1000000899

Waiver: The failure of Telstar to insist upon the performance of any term or condition of this Agreement shall not be construed as a waiver of the future performance of any such term or condition or the future exercise of such right.

Severability: If any term of this Agreement is determined to be invalid or unenforceable under any applicable statute, regulation, ordinance, or other law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such law, and the remaining portions of this Purchase Order shall remain in full force and effect.

Dispute Resolution: In the event of any dispute arising from or relating to this Agreement, the parties agree to engage in informal efforts toward resolution by meeting in person. If such efforts are unsuccessful, the parties agree to submit the dispute to mediation with a neutral mediator for resolution, with the parties sharing the costs of such mediation equally. If the parties are unsuccessful in resolving their dispute, then the dispute shall be subject to litigation. If the dispute involves a public entity Owner, then the parties shall comply with the requirements of Public Contract Code section 9204.

We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.

Sincerely,

Konor Meeks
Hanford Branch Manager
Telstar Instruments
559.584.7116
[email protected]

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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:

INSTALLATION OF CELLUAR RADIOS IN THE CITY OF VISALIA’S SANITARY SEWER LIFT

STATIONS
under the contract agreement entered into with Telstar Instruments, Inc. dated November 24, 2025, as a whole was completed on June 28, 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. 399
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0071 Agenda Date: 8/3/2026 Agenda #: 12.

Agenda Item Wording:

Designate City owned property into public right of way - Adopt Resolution 2026-55 designating City owned property located at the northwest corner of Clancy Street and Nicholas Avenue into the public right of way system.

Agenda Date: 08/03/2026
Prepared by:

Jason Huckleberry, Director of Eng and Building, (559) 713-4495, [email protected] Department Recommendation:

Staff recommends that the City Council adopt Resolution 2026-55, designating City owned property located at the northwest corner of Clancy Street and Nicholas Avenue into the public right of way system.

Summary:

The developer of the Shepherd’s Ranch 2 - Phase 1 residential subdivision, SRV Capital LP, has coordinated with Southern California Edison (SCE) to provide essential utility infrastructure near and around the developer’s Phase 1 and Phase 2 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 is a landscape outlot adjacent to Clancy Street and Nicholas Avenue that was dedicated with the Shepherd’s Ranch 2 - Phase 1 final map.

This dedication of City owned property is being requested in lieu of providing a specific SCE easement 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 August 27, 2025, the Shepherd’s Ranch 2 - Phase 1 final map was recorded, subdividing a 17- acre area into 72 residential lots and three landscaping outlot parcels dedicated to the City of Visalia for landscape and lighting district purposes. The development project has progressed and is preparing to install final electrical facilities for the residential development.

Fiscal Impact including annual maintenance and operating costs:

The approval of this agenda item has no fiscal impact, the outlot area being converted to right of way are already maintained through a landscape and lighting assessment district.

Prior Council Action:

August 18, 2025 - Council approved the Shepherd’s Ranch 2 - Phase 1 final map for recording.

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File #: 26-0071 Agenda Date: 8/3/2026 Agenda #: 12.

Alternatives: The only alternative would be for the City to agree to a restrictive easement that has been requested by Southern California Edison. This is not a recommended alternative.

Recommended Motion (and Alternative Motions if expected):

I move to adopt Resolution 2026-55, designating a City owned property located at the northwest corner of Clancy Street and Nicholas Avenue into the public right of way system.

Environmental Assessment Status: Complete
CEQA Review: Mitigated Negative Declaration No. 2023-32 Deadline for Action: 08/03/2026
Attachments:

1. Attachment A - Legal Description

2. Attachment B - Exhibit

3. Recorded Final Map

4. Resolution 2026-55
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☒
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
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ATTACHMENT ‘A’
Legal Description

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NICHOLAS AVENUENORTH CLANCY STREET (ROAD 88)
OUTLOT ASHEPHERDS RANCH II -PHASE 1RM 45 / 55
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RESOLUTION NO. 2026 - 55

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 a “Lot A” per the Shepherd’s Ranch 2 - Phase 1 Final Map; located at the northwest corner of Clancy Street and Nicholas Avenue in the City of Visalia; and

WHEREAS, the City of Visalia desires to accept portions of Lot “A” into the public street system, with the total size of the two portions of land totaling approximately 519 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 Nicholas Avenue and Clancy Street; 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 519 square feet of Lot A of the Shepherd’s Ranch 2 - Phase 1 Final Map, into the City of Visalia public street system.

PASSED AND ADOPTED: August 3, 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 2026-55 passed and adopted by the Council of the City of Visalia at a regular meeting held on August 3, 2026.

Dated: August 4, 2026 LESLIE CAVIGLIA, CITY CLERK

By Reyna Rivera, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0079 Agenda Date: 8/3/2026 Agenda #: 13.

Agenda Item Wording:

Authorization to accept the CHP Cannabis Tax Fund Grant Program - Authorize the Visalia Police Department to accept fiscal year 2026/27 California Highway Patrol Cannabis Tax Fund Grant Program in the amount $156,978 and approve Resolution No. 2026-54.

Agenda Date: 08/03/2026
Prepared by:

Police Chief Jason Salazar, 559-713-4215, [email protected], Police Lieutenant Mike Short, 559-713-4573, [email protected], Police Sergeant Henry Martinez, 559-713-4232, [email protected], Financial Analyst Liz Ybarra, 559-713-4250, [email protected] Department Recommendation:

Authorize the Visalia Police Department to accept the FY 26/27 California Highway Patrol Cannabis Tax Fund Grant Program (CTFGP) in the amount of $156,978 and approve the required Resolution No. 2026-54. The Grant is effective on July 1, 2026, through June 30, 2027. Matching funds is not required. This grant is available to deal with all forms of Driving Under the Influence. (DUI) Summary:

The Cannabis Tax Fund Grant Program (CTFGP) is a valuable funding source that strengthens enforcement efforts against alcohol and drug-impaired driving. While funded by the Adult Use Marijuana Act (AUMA), the program’s scope extends beyond marijuana impairment, providing enforcement and training opportunities to address all types of DUI offence. CTFGP specifically allocates funds for critical resources such as equipment, training, and specialized enforcement operations. This Grant provides participating agencies with the tools needed for comprehensive DUI enforcement programs, including educational presentations, Advanced Roadside Impairment Detection and Enforcement (ARIDE) training, Driving under the Influence (DUI) Saturation Patrols, and DUI Checkpoints.

In July 2024, the department secured $195,000 through the CTFGP, which supported 15 DUI enforcement operations, DUI training sessions, the purchase of a DUI enforcement vehicle, and supplies for DUI Checkpoints. Compared to 2023, DUI arrests increased by 16% from, 368 to 427, while DUI-related collisions decreased by 28%, from 179 to 129.

In July 2025, the department secured $98,000, which supported 15 DUI Saturation Patrols and provided patrol staffing coverage while officers attended DUI-related training. Compared to 2024, DUI arrests increased by 28%, rising from 427 to 546. Despite the increase in enforcement activity, DUI- related collisions increased across all categories. DUI-related fatalities increased by 100%, rising from two in 2024 to four in 2025, and total DUI-related collisions increased by 27%, from 129 to 164.

The FY2026/27 Grant will fund 21 DUI Saturation Details, three DUI Checkpoints, and the purchase Visalia City Council Printed on 7/31/2026Page 1 of 3
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File #: 26-0079 Agenda Date: 8/3/2026 Agenda #: 13.

The FY2026/27 Grant will fund 21 DUI Saturation Details, three DUI Checkpoints, and the purchase of nine DUI Preliminary Alcohol Screening (PAS) breathalyzers to help detect impaired drivers.

These resources enable the department to go beyond the scope of the Selective Traffic Enforcement Program (STEP) Grant awarded in September 2025, further enhancing the department’sability to combat impaired driving effectively.

Background Discussion:

The grant provides financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and drugs. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the agency’seffectiveness through training and development of new strategies. Public education strategies include social media posts and press releases relating to the dangers of impaired driving and upcoming Department DUI enforcement operations. Education efforts will also include presentations at local schools and community events to inform future drivers of the dangers and consequences of driving under the influence of alcohol and drugs.

Funding for the grant passed with Proposition 64 in 2016, The Control, Regulate and Tax Adult Use Marijuana Act (AUMU); pursuant to Section 34019 (f)(3)(B) Revenue and Taxation Code. The California Highway Patrol (CHP) adopted regulations within Title 13 of the California Code of Regulations (CCR), Division 2 by adding Chapter 13 which governs this Grant.

Fiscal Impact including annual maintenance and operating costs:

The funds were appropriated for $157,000 on February 2, 2026, if the grant was awarded. The grant was awarded on June 30,2026 and the Grant agreement was signed. The grant requires a Resolution and approval for the exact amount of the Grant in the amount of $156,978. The final grant budget is as follows:

Detailed Budget
Description Budget
DUI Checkpoint $20,530.00
DUI Saturation Patrol $129,626.00
Alcohol Screening Devices$6,822.00
Total Budget $156,978.00
Prior Council Action: February 2, 2026
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

I move to authorize the Visalia Police Department to accept the fiscal year 2026/27 California Highway Patrol Cannabis Tax Fund Grant Program (CTFGP) in the amount of $156,978 and approve Resolution No. 2026-54.

Environmental Assessment Status: N/A
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File #: 26-0079 Agenda Date: 8/3/2026 Agenda #: 13.

CEQA Review: N/A
Deadline for Action: 08/03/2026
Attachments: California Highway Patrol Grant Agreement No. 30923 and Resolution No. 2026-54.

Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☒
Fiscal
Strength
☐
Infrastructure &
Growth
☒
Quality of
Life
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RESOLUTION NO. 2026-54

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

AUTHORIZING THE VISALIA POLICE DEPARTMENT

TO USE CALIFORNIA HIGHWAY PATROL

CANNABIS TAX FUND GRANT PROGRAM (CTFGP) AS RESOLVED BELOW

WHEREAS, The City of Visalia desires to accept the Cannabis Tax Fund Grant Program from the California Highway Patrol in the amount of $156,798.00. The Visalia Police Department will utilize the funds to reduce and mitigate the impacts of impaired driving in the community. The Grant is effective July 1, 2026, to June 30, 2027.

NOW, THEREFORE, BE IT RESOLVED that the Chief of Police for the City of Visalia is authorized to execute on behalf of the Council of the City of Visalia the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto.

IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California disclaims responsibility for any such liability.

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

PASSED AND ADOPTED: AUGUST 3, 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 2026-54 passed and adopted by the Council of the City of Visalia at a regular meeting held on August 3, 2026.

Dated: August 4, 2026 Leslie Caviglia, CITY CLERK

By Reyna Rivera, Chief Deputy City Clerk

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0089 Agenda Date: 8/3/2026 Agenda #: 14.

Agenda Item Wording:

ATP Grant Letter - Authorize the City Manager to issue a letter to the California Transportation Commission terminating an Active Transportation Program grant of $795,000 that was awarded to the City of Visalia for construction of the Goshen - Visalia Corridor improvement project, from Mooney Boulevard to Giddings Street; and to include a statement of support in the letter from the City to reprogram these ATP funds to the Caltrans Ivanhoe Safe Routes to School project, located in Tulare County.

Agenda Date: 08/03/2026
Prepared by:

Rebecca Keenan, Senior Civil Engineer, [email protected], 713-4541 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Eng & Bldg. Dept. Director, [email protected], 713-4495 Department Recommendation: Staff recommends that the City Council authorize the City Manager to issue a letter to the California Transportation Commission (CTC) terminating an Active Transportation Program (ATP) grant of $795,000 that was awarded to the City of Visalia for construction of the Goshen - Visalia Corridor (GVC) Improvement Project, from Mooney Boulevard to Giddings Street; and to include a statement of support in the letter from the City to reprogram these ATP funds to the Caltrans Ivanhoe Safe Routes to School (SRTS) project, located in Tulare County .

Summary:

The City of Visalia applied for and received a $795,000 grant from the Cycle 6 - Active Transportation Program (ATP) for improvements to the existing 0.5 mile, Class 1 multi-use Goshen Avenue Trail, between Mooney Boulevard and Giddings Street. The project intended to reconstruct the existing paved trail to create a safe, direct multimodal path for the community to access the downtown area and nearby schools. Proposed improvements included rehabilitation of the existing asphalt trail and at grade intersections, installation of ADA curb ramps, sidewalks, and lighting, along with installation of various site amenities. Since this trail is located parallel to the existing railroad tracks, and it crosses several at grade street intersections, the proposed project design requires review and approval by various railroad entities along with acquisition of right of way from the railroad.

Unfortunately, there was insufficient time and funding budgeted during the conceptualization of the project to successfully navigate the arduous railroad process and the grant deadlines will not be met.

Therefore, staff requests authorization to terminate the $795,000 ATP grant funding and to halt this project.

Background Discussion:

In December 2022, the City of Visalia submitted an application package to request $3,000,000 in ATP grant funds for construction of Phase 1 of the Goshen-Visalia Corridor Project under Cycle 6 of the Active Transportation Program (ATP). This package was submitted to TCAG for consideration at the ATP MPO Component level and the overall budget included local matching funds for an estimated Visalia City Council Printed on 7/31/2026Page 1 of 7
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File #: 26-0089 Agenda Date: 8/3/2026 Agenda #: 14.

ATP MPO Component level and the overall budget included local matching funds for an estimated total project cost of $3,816,000. The project intended to reconstruct 0.5 miles of an existing paved trail to create a safe, direct multimodal path for the community to access the downtown area and nearby schools. Proposed improvements included rehabilitation of the existing asphalt trail, improvements to existing crosswalks, installation of ADA curb ramps, intersection lighting, shortened intersection crossings, signalized intersection enhancements, and included new sidewalks, shade trees, benches, and trash receptacles. This trail project is located 10’to 15’south of the existing Union Pacific Railroad (UP) tracks which are operated by the San Joaquin Valley Railroad (SJVR) which is owned by Genesse & Wyoming Inc. (G&W). The intersection improvements associated with the proposed project will encroach on the railroad right of way. For that reason, the recommended improvements are subject to review, approval and coordination with the railroad entities, especially at any of the at-grade intersection crossings. There are four (4) at-grade railroad crossing intersections included in this project located at Mooney Boulevard, Leslie Street, Divisadero Street, and Giddings Street.

The City was notified in February 2023 that they would be awarded grant funding of $795,000 from the ATP MPO Component for construction of the project. City staff previously submitted an ATP funding application during Cycle 5 of the Active Transportation Program but did not score high enough to secure funding during that time. However, in anticipation of the Cycle 6 ATP funding, the City began preemptively working with their consultant to start the required railroad coordination in 2022.

Over the past four years, city staff and the City consultant have actively worked to coordinate with the railroad representatives to help expedite their approval of work that will occur within the railroad right of way.
· Beginning in May 2022, the City’s team held introductory meetings with the railroad’s consultants, Wabtec (representing San Joaquin Valley Railroad) and Benesch (representing Union Pacific Railroad), along with representatives from Genesse & Wyoming. Subsequently, the team established Engineering Review Agreements (ERA) with the railroad and started discussions regarding the City’s proposed improvements and signal preemption timing.

Unfortunately, the coordination took several months, and the railroad consultants replaced their project managers during this time.
· A new kick-off meeting was held in March 2023 to bring the new representatives up to speed.

Following this kick-off meeting the City’steam worked to obtain right of way maps from the railroads, submitted 30% improvement plans to the railroad in July 2023, and requested a field diagnostic meeting to be held in August 2023. The SJVR representative requested increased compensation to cover the ongoing preliminary engineering costs and the UP representative requested that the meeting be rescheduled to early October 2023. · A limited field meeting was held in August 2023 between the City’steam and the SJVR team, however the UP team was not in attendance. After that, an online meeting was held to review the project with the City’steam and representatives from SJVR, G&W, UP, and the CPUC.

This meeting was intended to review the project with all the new personnel, review the 30% plans that were submitted to them in July 2023, establish the current project status, and review next steps from all agencies.
· In late August 2023, the City was notified that G&W had assigned Benesch as the General Engineering Consultant, that they would be assisting on behalf of SJVR, and that a new ERA would have to be prepared. The City’s team began work on the new ERA and sent documentation to the new railroad representatives describing the proposed improvements and Visalia City Council Printed on 7/31/2026Page 2 of 7
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documentation to the new railroad representatives describing the proposed improvements and changes to the existing infrastructure. The revised ERA was completed and provided to the City in November 2023.
· The field diagnostic meeting with the SJVR, G&W, UP and CPUC reps was finally held in January 2024.
· In September 2024, following the field diagnostic meeting and recommendations, the City’s consultant submitted the 60% project plans to the railroad for review. UP informed the City that it would take four weeks to review and send comments, however the city did not receive the comments until January 2025. With the 60% comments received, the City’s team moved forward with addressing the railroad’scomments, preparing the construction & maintenance agreement, and preparing the GO 88-B application to be submitted to the CPUC. The City project team also continued to request existing railroad right of way documentation throughout 2025. These documents are necessary to prepare the construction right of way acquisition exhibits and legal descriptions for access easements. Despite the requests, there continued to be delays in receiving information, which has negatively impacted the overall schedule. In addition to this, the comments returned by the railroad representatives included requirements that significantly increased the project costs. Initial review indicates that the project costs will increase by approximately $2.2 million due to additional railroad requirements - increasing the initial budget estimate from $3.5 million to $5.7 million. Given that the ATP grant amount is $795,000, that will leave a significant deficit in the project budget.

As can be seen through the timeline outlined above, the railroad related issues included multiple changes in railroad representatives, difficulty obtaining right of way information, additional agreement and reimbursement requirements, and repeated postponements of the required field diagnostic meeting. Although 30% plans were submitted in July 2023, the diagnostic meeting continued to be delayed while the railroad agencies completed additional internal coordination, reviewed the project scope, and worked through the required agreements. As of today, the listed issues still need to be worked out and the City does not have any firm commitments from the various railroad entities of when the tasks will be completed.

At their May 15, 2025 meeting, the CTC approved a request to extend the construction allocation deadline by 20 months, the maximum number of months that may be granted, from June 30, 2025 to February 28, 2027. This means that the City must have plans and specifications complete, all right of way done and receive right of way certification by December 1, 2026 to meet the CTC deadline for the submission of funding requests. Unfortunately, the City will not be able to complete the required right-of-way acquisitions, right-of-way certification, and have the project ready to list by the required milestone dates despite having made significant efforts to avoid project delays, including the following:

Efforts made to avoid project cancellation:
· Beginning the railroad coordination early, before the Cycle 6 ATP award was confirmed. · Entering into Engineering Review Agreements with the railroad entities and promptly initiating new or revised agreements when railroad consultants and project representatives changed. · Continued coordinating with San Joaquin Valley Railroad, Union Pacific Railroad, Genesee & Wyoming, Wabtec, Benesch, and the CPUC through meetings, written correspondence, plan submittals, and repeated follow-up requests.
· Submitted 30% plans in July 2023 and requested an early field diagnostic meeting so railroad Visalia City Council Printed on 7/31/2026Page 3 of 7
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requirements could be identified before the design advanced further. · Participated in a limited field meeting and later convened a multi-agency meeting when all required railroad representatives could not attend the original meeting. · Advanced the design to the 60% level and submitted plans for railroad review despite unresolved right-of-way and agreement issues.
· Began addressing the railroad’s60% review comments and preparing the construction and maintenance agreement and CPUC GO 88-B application.
· Repeatedly requested railroad right-of-way maps and supporting documentation needed to prepare acquisition documents and easements.
· Requested and received a time extension from the CTC to provide additional time to complete the project.

Regrettably, despite these efforts, the city could not establish a reliable path to complete the required railroad coordination, right-of-way acquisition, certification, and project listing within the extended funding deadlines.

TCAG reprogramming of ATP funds:

In discussions with the Tulare County Association of Governments (TCAG), they identified the Caltrans Ivanhoe Safe Routes to School (SRTS) project as currently having a funding deficit, and that it could benefit from these relinquished ATP funds. That project will upgrade SR 216 (from Ave. 327 to Ave. 328) to enhance student safety. The project features new sidewalks over two railroad tracks, ADA-compliant curb ramps, transit turnoffs, and reconfigures a dangerous 5-legged intersection to a standard 4-legged intersection. Caltrans District 6 staff are directly managing that project, and they have already secured the required railroad easements and permits. Staff recommend that the City of Visalia Council support the reprogramming of these ATP funds to the Caltrans Ivanhoe SRTS project and include the City’ssupport in the letter to the CTC. Doing so will not require any additional project management by city staff since that project is directly managed by Caltrans District 6 staff, and it will keep the ATP funds in Tulare County.

Lessons learned from challenges faced:

City staff have gained valuable insight from this project, including:
· Project schedules involving railroads should include considerably increased durations for right of way acquisition, establishment of agreements, multi-stakeholder meetings, design reviews, and approvals.
· A railroad project involving multiple entities may require separate approvals, agreements, consultants, and reimbursement arrangements, especially if they involve at grade intersections.
· Railroad staff and consultant changes can restart portions of the coordination process, so decisions, assumptions, commitments, and outstanding action items should be documented in a centralized coordination record.
· The field diagnostic meeting should be scheduled as early as possible and should include all railroad owners, operators, regulatory agencies, and affected parties. · Project budgets involving railroads should include larger contingencies for railroad review fees, flagging, protective services, signal and gate work, and potential maintenance requirements.

Goshen Visalia Corridor Connection Project (GVCC)
As grant funding was awarded for the reconstruction of the Goshen Trail from Mooney Blvd. to Giddins St., city staff applied for ATP funding in Cycle 7 for improvements to the Goshen Trail from Visalia City Council Printed on 7/31/2026Page 4 of 7
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File #: 26-0089 Agenda Date: 8/3/2026 Agenda #: 14.

Giddins St., city staff applied for ATP funding in Cycle 7 for improvements to the Goshen Trail from Camp Drive to Mooney Boulevard, aimed at providing a completely rehabilitated Goshen trail system.

The City was successful in this effort and was awarded separate ATP funding in the amount of $34,308,000 for the Goshen Visalia Corridor Connection Project (GVCC), which is a 5.6 mile, east- west multi-modal trail parallel to Goshen Avenue. This project is a joint venture between Tulare County and the City of Visalia, which extends into the unincorporated community of Goshen at the west end, and connects to the Goshen trail from Camp Drive to Mooney Boulevard, within the City of Visalia. This project will provide safe bike/walk access by rehabilitating the existing trail segment, adding safety enhancements, and connecting the gap between the Goshen community and the City.

Staff and the City’sconsultant, 4Creeks, are aggressively moving forward with all design and railroad coordination needed to meet the schedule for this separate project. Following is a summary of the upcoming milestones related to this project:

Milestone Completion Date
Environmental Phase (PA&ED) 01/01/2028
Right of Way Certification 08/01/2028
Construction Allocation by CTC 04/01/2029
Begin Construction 07/01/2029
End Construction 07/01/2030
Fiscal Impact:

The existing budget for CIP 8130 includes design for the entire segment of the Goshen Visalia Corridor projects from Giddings Street to Camp Drive and includes construction for the Goshen Visalia Corridor Connection Project (GVCC), from Camp Drive to Mooney Boulevard. There is a separate CIP 0654, for construction of the GVC project, which includes the $795,000 ATP MPO funds. Termination of these funds will close CIP 0654. The design phase is funded with Measure R Trail Funds (132). See tables below for the budget breakdown.

Table 1: CP0654 Budget for GVC project - Mooney Blvd. to Giddings St.

PhaseATP (Cycle 6)
Construction (CON) $795,000
Table 2: CP8130 Budget for Design and Construction of GVCC - Camp Drive to Mooney Blvd.

Phase MR ATP Total
PS&E, ROW & CON $ 4,621,000.00 $ 34,308,000.00 $ 38,929,000.00 $ 4,621,000.00 $ 34,308,000.00 $ 38,929,000.00 Table 3: Current MR Tasks (CP8130)
Budget: $4,621,000
TASK Cost
Design Consultant - 4Creeks (Base) $ 956,906.00
Optional or Fix-fee Tasks $ 312,400.00
Amendment #1Renderings for Cycle 7 ATP $ 15,000.00 Amendment #2, 1.0 Fee Schedule increase $ 76,170.19 Amendment #2, 2.0 Additional Civil Scope (City of Visalia and RR requirements)
$ 191,350.00
Amendment #3, 1.0 Additional Civil Scope (City of Visalia and RR requirements)
$ 359,419.00
Staff Time Estimate & Misc. (Project Management & Survey Drawing) $ 380,000.00 Union Pacific Railroad Company Reimbursement Agreement $ 100,000.00 San Joaquin Valley Railroad Reimbursement Agreement (Mooney Blvd. - Giddings St.)
$ 80,740.00
San Joaquin Valley Railroad Reimbursement Agreement (Camp Dr. - Mooney Blvd.)
$ 166,038.00
Total $ 2,638,023.19
MR Balance $1,982,976.81
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File #: 26-0089 Agenda Date: 8/3/2026 Agenda #: 14.

TASK Cost
Design Consultant - 4Creeks (Base) $ 956,906.00
Optional or Fix-fee Tasks $ 312,400.00
Amendment #1Renderings for Cycle 7 ATP $ 15,000.00 Amendment #2, 1.0 Fee Schedule increase $ 76,170.19 Amendment #2, 2.0 Additional Civil Scope (City of Visalia and RR requirements)
$ 191,350.00
Amendment #3, 1.0 Additional Civil Scope (City of Visalia and RR requirements)
$ 359,419.00
Staff Time Estimate & Misc. (Project Management & Survey Drawing) $ 380,000.00 Union Pacific Railroad Company Reimbursement Agreement $ 100,000.00 San Joaquin Valley Railroad Reimbursement Agreement (Mooney Blvd. - Giddings St.)
$ 80,740.00
San Joaquin Valley Railroad Reimbursement Agreement (Camp Dr. - Mooney Blvd.)
$ 166,038.00
Total $ 2,638,023.19
MR Balance $1,982,976.81
There are currently sufficient MR funds budgeted to complete the work related to the design of the GVCC project, which will continue to move forward. Staff will return to Council this fall 2026 to provide an update of GVCC design, and to identify any other funding needs, as coordination with the railroad, utility companies, and other agencies progresses.

Prior Council Action:

June 15, 2026 - Authorize the City Manager to execute a reimbursement agreement with San Joaquin Valley Railroad for an estimated amount of $166,038 for engineering services associated with the design of the Goshen Visalia Corridor Connection project.

October 6, 2025 - Approval of design amendments #2 & #3 in the amount of $267,520.19 and $1,303,444.00 respectively to 4Creeks for the Goshen-Visalia Corridor Project Phase 1 and the Goshen-Visalia Corridor Connection Project, appropriate $750,000 from the Measure R Trailways Fund and amend the Measure R Supplement Agreement.

October 6, 2025 - Authorize the City Manager to execute a Memorandum of Understanding with the County of Tulare for the Active Transportation Program funded Goshen-Visalia Corridor Connection Project, adopt Resolution 2025-71, and appropriate $1,100,000 from Fund (281) Transportation to be reimbursed by the County of Tulare for the design phase.

December 4, 2023 - Adoption of Resolution 2023-58 authorizing reimbursement agreement with San Joaquin Valley Railroad for the engineering services associated with the design of the Goshen Trail Reconstruction Project, appropriate $75,000 from the Measure R Trailways (132) fund and authorize the City Manager to execute the amendment to the Measure R Supplemental.

August 15, 2022 - Adoption of Resolution 2022-48 authorizing City Manager to execute reimbursement agreement with Union Pacific Railroad Company for the engineering services associated with the design of the Goshen Trail Reconstruction Project. (Project Number 3010- 72000/CP8130-999)
May 2, 2022 - Authorize the City Manager to enter a contract with 4Creeks for RFP 21-22-27 to Visalia City Council Printed on 7/31/2026Page 6 of 7
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File #: 26-0089 Agenda Date: 8/3/2026 Agenda #: 14.

May 2, 2022 - Authorize the City Manager to enter a contract with 4Creeks for RFP 21-22-27 to prepare professional consulting services for the design of the Goshen Trail Reconstruction project in the amount not to exceed $1,269,306, authorize an additional appropriation of $650,000 from Measure R Trails (132) Fund, and authorize an amendment to the Measure R Supplement Agreement (Project Number 3010-72000/CP8130-999)
Alternatives:

None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to issue a letter to the California Transportation Commission) terminating an Active Transportation Program grant of $795,000 that was awarded to the City of Visalia for construction of the Goshen - Visalia Corridor Improvement Project, from Mooney Boulevard to Giddings Street; and to include a statement of support in the letter from the City to reprogram these ATP funds to the Caltrans Ivanhoe Safe Routes to School project, located in Tulare County.

Environmental Assessment Status: NEPA will prepared as required by the ATP funding.

CEQA Review:

Notice of Exemption No. 2026-19 was prepared for the project.

Deadline for Action: 08/03/2026
Attachments:

1. Location Map
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
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Quality of
Life
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0786 Agenda Date: 8/3/2026 Agenda #: 1.

Agenda Item Wording:

Shopping Cart Ordinance Update - Consideration of and direction on initiating potential Municipal Code updates to Visalia Municipal Code Chapter 8.70 Abandoned Shopping Carts, Citywide.

Agenda Date: 08/03/2026
Prepared by:

Jeff Riedmann, Code Enforcement Officer, [email protected], (559) 713-4172 Tracy Robertshaw, Neighborhood Preservation Manager, [email protected], (559) 713-4187, Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025
Department Recommendation: Staff recommends that Visalia City Council conduct a review of current processes and ordinance requirements related to Abandoned Shopping Carts (Chapter 8.70 of the Municipal Code, see Attachment 1) and consider information presented in this staff report.

Based on the staff report and staff presentation, the City Council may direct staff to formulate changes related to Abandoned Shopping Carts and begin processing a Municipal Code text amendment to implement these changes.

Summary:

City staff reviewed Visalia Municipal Code Chapter 8.70 (Abandoned Shopping Carts) and recommends Chapter 8.70 be revised due to changes in state law that allow for an increase in the amount that shopping cart owners can be fined if they do not pick up their carts after being notified.

Staff also recommends Chapter 8.70 be revised to require companies with shopping carts install a physical containment system when a new location is built or when a significant improvement or expansion occurs to an existing facility/shopping center that utilizes shopping carts.

Background Discussion:

In 2025 California Business and Professions Code section 22435.7 was amended per Senate Bill 753 (see Attachment 2). The amendment increased the amount a city or county can charge under cost recovery measures for the retrieval and return of shopping carts from $50 per shopping cart to $100 per shopping cart. State law requires cities and counties approve an ordinance to implement these cost recovery fees. The current municipal code lists the prior authorized cost recovery charge of $50 per shopping cart. Staff recommends this amount be increased from $50 to $100, as permitted by state law.

Staff also recommends a physical containment system be required when a new location with shopping carts is built or when an existing facility is modified or expanded to the extent that a building permit from the City is required for the modification or expansion.

The municipal code, section 8.70.020, defines a “physicalcontainment system”for shopping carts as one of the following:

1. Disabling devices on all shopping carts which prevent them from being removed from the Visalia City Council Printed on 7/29/2026Page 1 of 3
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File #: 25-0786 Agenda Date: 8/3/2026 Agenda #: 1.

1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.

2. Any other system of equipment approved by the Planning and Community Preservation Director or their designee which physically contains shopping carts on the premises.

Staff recognizes that there is a cost associated with the installation of a physical cart containment system. However, staff has found that shopping carts from businesses that have installed anti-theft systems are seldom found abandoned. During the 2025 calendar year, staff from the Neighborhood Preservation Division collected 1,630 shopping carts (see Attachment 3), and data from January 2026 through April 2026 has identified 843 shopping carts collected over this four month period.

Based on this information, staff spends a significant amount of time collecting and storing shopping carts that have been taken from businesses and abandoned in the right-of-way.

Further costs are expended by city staff in maintaining the collection site and notifying business owners to retrieve carts. Businesses then have to expend funds in retrieving carts or risk be fined by the City. Considering the requirement to install physical cart containment systems, as a condition of new construction and expansion or modification of existing businesses, would work to reduce these costs and provide benefits to the community by reducing the number of abandoned carts found throughout the community.

If directed by City Council to proceed with revising the ordinance, staff will return within 45 to 60 days with the proposed ordinance changes, with specific additional terms to implement these proposed changes. Staff will also inform businesses that use shopping carts of the imminent changes to the shopping cart ordinance.

Fiscal Impact including annual maintenance and operating costs: None at this time.

Prior Council Action:

1. In 2013. Municipal Code 8.70 Abandoned Shopping Carts was approved and adopted into the Visalia Municipal Code; however, the portion related to a physical containment system for all new construction was not part of the Municipal Code update.

Alternatives: The City Council may, in lieu of the recommended motion, direct staff not to process any amendments to Visalia Municipal Code Section 8.70 Abandoned Shopping Carts.

Recommended Motion (and Alternative Motions if expected):

I move to direct staff to begin drafting revisions to Chapter 8.70 Abandoned Shopping Carts based on the information identified in the staff report and comments received during the work session presentation.

Environmental Assessment Status: N/A.

CEQA Review: The requested action, directing staff to prepare an ordinance amendment for review, would be considered not a project under the California Environmental Quality Act (CEQA) because any proposed ordinance amendment would not cause either a direct or a reasonably foreseeable indirect physical change in the environment. Once an ordinance amendment is brought back to City Council, it will be reviewed for environmental impacts under CEQA.

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File #: 25-0786 Agenda Date: 8/3/2026 Agenda #: 1.

Deadline for Action: N/A
Attachments:

1. Attachment 1 - Chapter 8.70 Abandoned Shopping Carts

2. Attachment 2 - Senate Bill 753

3. Attachment 3 - 2025 Shopping Cart Collection Totals

4. Attachment 4 - PowerPoint Presentation
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☐
Infrastructure &
Growth
☒
Quality of
Life
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Chapter 8.70

ABANDONED SHOPPING CARTS
Sections

8.70.010 Findings and purpose.

8.70.020 Definitions.

8.70.030 Cart containment system required.

8.70.040 Cart identification signs.

8.70.050 Permission for cart removal from business premises required and unauthorized possession prohibited.

8.70.060 Enforcement and remedies.

8.70.010 Findings and purpose.

The City Council finds that abandoned shopping carts on public and private property create conditions that reduce property values, promote blight and deterioration, and result in a public nuisance. This chapter is intended to ensure that measures are ta ken to prevent the removal of the shopping carts from the owner’s premises and to facilitate the retrieval of abandoned shopping carts in a manner consistent with state law. (Ord. 2017-06 § 2 (part), 2017: Ord. 2013-05, 2013)

8.70.020 Definitions.

The following definitions apply for the purposes of this chapter:
"Abandoned cart" shall mean any cart that has been removed, without the written consent of the owner, from the owner's business premises or parking area of the retail establishment on which the cart owner's business premises are located and is located on either public or private property.
"Business premises" means the interior of a cart owner's commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein. The owner's business premises may include a multi-store shopping center with shared areas of parking and public access.
"Cart identification sign" means a sign or engraved surface which is permanently affixed to a shopping cart containing all of the information specified in Section 8.70.040. "Cart owner" means the owner or operator of a commercial establishment which provides carts for use by its customers for the purpose of transporting goods of any kind. "Cart removal warning" means a placard, sign or painted text which meets the requirements specified in Section 8.70.040.
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"Cart retrieval service" means a third party commercial service in the business of retrieving and returning shopping carts.
"Enforcement Officer" means any officer or employee of the city designated with the authority to enforce the applicable provisions of the City of Visalia Municipal Code. "Individual cart identification number" means a number unique to each cart owned or provided by a cart owner.
"On-site cart containment program" means one or more of the following measures:

1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.

2. An on-site security guard to deter customers who attempt to remove carts from the business premises.

3. Bollards and chains around the business premises to prevent cart removal, if permitted by the applicable zoning and the site plan, and if approved by the fire marshal.

4. Obtaining a security deposit from customers for the on-site use of shopping carts.

5. The rental or sale of carts that can be temporarily or permanently used for the transport of goods.

6. Any other measure approved by Planning and Community Preservation as a means to contain carts on the premises.
“Parking area” means a parking lot or other property provided by a commercial establishment for use by a customer for parking an automobile or other vehicle. In a multi- store complex or shopping center, “parking area” includes the entire parking area us ed by or controlled by the complex or center.
“Physical containment system” means one of the following, as approved by the Director of Planning and Community Preservation:

1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.

2. Any other system of equipment approved by the Planning and Community Preservation Director or designee which physically contains shopping carts on the premises.
“Shopping cart” or “cart” means a basket which is mounted on wheels or a similar device provided by the operator of a commercial establishment for the use of customers for the purpose of transporting goods of any kind. A cart sold by a commercial establ ishment to a retail customer for that customer’s personal use is not a shopping cart for the purposes of this chapter.
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(Ord. 2024-07 § 2 (part), 2024: Ord. 2013-05, 2013)

8.70.030 Cart containment system required.

Every cart owner shall operate and maintain an on -site cart containment program as defined in Section 8.70.020. A cart owner may be exempted from this requirement if he or she provides proof of contracting with a qualified cart retrieval service and submits information Planning and Community Preservation Director or designee which demonstrates to the satisfaction of the Director that the qualified cart retrieval service will:
(i) actively locate shopping carts within the city limits of Visalia seven (7) days per week, eight (8) hours per day; and (ii) respond to complaints from the public in a manner which results in the retrieval of shopping carts within twenty -four (24) hours after receiving complaint(s).
(Ord. 2024-07 § 2 (part), 2024: Ord. 2017-06 § 2 (part), 2017: Ord. 2013-05, 2013)

8.70.040 Cart identification signs.

A. Pursuant to Business and Professions Code Section 22435.1, each shopping cart owned or used within the City shall have permanently affixed to it and easily visible a cart identification sign or engraved surface which includes all of the following information: The name of the cart owner; the telephone number of the cart owner and/or commercial establishment to which the cart belongs; a valid toll -free phone number for cart retrieval; the procedure (if any) to be followed to obtain permission to remov e the cart from the business premises; and a notice to the public that unauthorized removal of the cart from the business premises is a violation of state law and city ordinance.

B. In addition to the cart identification and cart removal notice required on each cart, the cart owner shall post a notice in substantially the following form prominently and conspicuously in the area where carts are stored for customer use:

REMOVAL OF SHOPPING CARTS FROM THESE PREMISES WITHOUT WRITTEN PERMISSION OF THE OWNER IS PROHIBITED BY LAW. (Visalia City Ordinance Code 8.70.050)
The notice required by this section shall be considered exempt from the Visalia Municipal Code Chapter 17.48.

C. It shall be the responsibility of each cart owner to comply with subsections A. and B. of this section, and to continuously maintain, or cause to be maintained all signs so that all of the required information is accurate and clearly legible. (Ord. 2017-06 § 2 (part), 2017: Ord. 2013-05, 2013)

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8.70.050 Permission for cart removal from business premises required and unauthorized possession prohibited.

A. No person shall be deemed to be authorized to remove a cart with cart identification from the business premises unless he or she possesses written authorization from the cart owner. Removal authorization shall be valid for a period not to exceed tw elve (12) hours. The authorization shall include: the date and time of removal, the name, address, and phone number of the store where the cart was removed, as well as the name, title and signature of the person authorizing the removal. This section shall not apply to the possession of a shopping cart removed from the business premises at the direction of the cart owner for the purposes of repair, maintenance, or when persons have taken possession of the cart in order to return it to the cart owner.

B. It shall be unlawful for a person to possess a shopping cart with a cart identification sign on sidewalks, streets, trails, other public property open to the public, or on private property open to public view, without written authorization from the cart owner, unless the person has the express permission of the cart owner to repair or maintain the cart, is in the process of returning an empty cart to the cart owner, or is moving the cart so it can be picked up by a cart retrieval service.
(Ord. 2017-06 § 2 (part), 2017: Ord. 2013-05, 2013)

8.70.060 Enforcement and remedies.

The city may exercise the following remedies:

A. Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within three (3) business days after receiving notice from the city, shall pay the city's administrative costs for retrieving the cart(s) and providing the notification to the owner. Any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three (3) times during a specified six (6)-month period shall be subject to a fifty dollar ($50) fine for each occurrence. An occurrence includes all carts owned by the owner that impounded by the city a one (1)-day period.

B. If a cart is not retrieved by its owner within thirty (30) days after the owner has received notice of the cart being impounded, including a failure to pay costs and fines, or if the cart's owner cannot be determined, the cart will be sold, destroy ed or otherwise disposed of as the city sees fit.

C. Following the city having retrieved more than ten (10) carts in any thirty (30) -day period or the issuance of more than ten (10) administrative citations in any twelve (12) - month period, the Director of Planning and Community Preservation may requ ire the owner to install a physical containment system.

D. Violations by any person of § 8.70.050 may be enforced through any of the penalties for municipal code violations specified in Visalia Municipal Code § 1.12.010. (Ord. 2024-07 § 2 (part), 2024: Ord. 2017-06 § 2 (part), 2017: Ord. 2013-05, 2013) 445

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances sh ould be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445- 5588.

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Bill Text: CA SB753 | 2025-2026 | Regular Session | Chaptered California Senate Bill 753
Bill Title: Special business regulations: shopping carts.

Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2025-10-13 - Chaptered by Secretary of State. Chapter 785, Statutes of 2025. [SB753 Detail] Download: California-2025-SB753-Chaptered.html
Senate Bill No. 753
CHAPTER 785
An act to amend Section 22435.7 of, and to add Section 22435.7.5 to, the Business and Professions Code, relating to business. [ Approved by Governor October 13, 2025. Filed with Secretary of State October 13, 2025. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 753, Cortese. Special business regulations: shopping carts.

Existing law authorizes a city, county, or city and county to impound a shopping cart that has a specified permanently affixed sign ifcertain conditions are satisfied, including that the city, county, or city and county provides 3-day advance actual notice of the shoppingcart’s discovery and location to the owner of the shopping cart or their agent, except as specified.

This bill would authorize a city, county, or city and county, pursuant to an ordinance, to retrieve and return a shopping cart to theparking area or premises of the owner or retailer identified on the affixed sign, as specified, and to recover its actual costs for theretrieval and return, not to exceed $100 per shopping cart. The bill would also require actual notice for purposes of these provisions toinclude proof that the notice was delivered to the owner or their agent, as specified, and require the city, county, or city and county tomaintain a record of that proof of delivery.

Existing law authorizes the city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $50 foreach occurrence in excess of 3 during a specified 6-month period for failure to retrieve shopping carts in accordance with specified law.

The bill would authorize a city, county, or city and county to fine the owner of a shopping cart in an amount not to exceed $100 insteadof $50 for each occurrence pursuant to the provisions described above.

Digest Key
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 22435.7 of the Business and Professions Code is amended to read:
22435.7. (a) The Legislature hereby finds that the retrieval by local governmental agencies of shopping carts specified in this sectionis in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this sectionand Section 22435.7.5. (b) (1) A city, county, or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordancewith Section 22435.1 that is located outside the premises or parking area of a retail establishment:
4/24/26, 3:24 PM Bill Text: CA SB753 | 2025-2026 | Regular Session | Chaptered | LegiScan https://legiscan.com/CA/text/SB753/2025 1/3447
(A) Pursuant to an ordinance adopted by a city, county, or city and county in accordance with Section 22435.7.5, retrieve andreturn the shopping cart to the parking area or premises of the owner or retailer identified on the sign. (B) Except as provided in subdivision (i), if the shopping cart is not retrieved within three business days from the date the ownerof the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping cart’sdiscovery and location, impound the shopping cart. (2) For purposes of this subdivision, the parking area of a retail establishment located in a multistore complex or shopping centershall include the entire parking area used by the complex or center. (c) In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorizedto immediately impound the shopping cart from public or private property. (d) Any city, county, or city and county that impounds a shopping cart under the authority provided in subdivisions (b) and (c) isauthorized to recover its actual costs for providing this service. (e) Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at alocation that is both:
(1) Reasonably convenient to the owner of the shopping cart. (2) Open for business at least six hours of each business day. (f) (1) A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed one hundred dollars ($100)for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance withsubparagraph (B) of paragraph (1) of subdivision (b) or subdivision (c). (2) For purposes of this paragraph, “occurrence” means a failure to retrieve a shopping cart within three business days from the datethe owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping cart’sdiscovery and location. (g) Any shopping cart not reclaimed from the city, county, or city and county within 30 days of receipt of a notice of violation by theowner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart. (h) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and aperson or business entity for the purpose of retrieving or impounding shopping carts. (i) Notwithstanding subparagraph (B) of paragraph (1) of subdivision (b), a city, county, or city and county may impound a shoppingcart that otherwise meets the criteria set forth in that subparagraph without complying with the three-day advance notice requirementprovided that:
(1) The owner of the shopping cart, or their agent, is provided actual notice within 24 hours following the impound and that noticeinforms the owner, or their agent, as to the location where the shopping cart may be claimed. (2) Any shopping cart so impounded shall be held at a location in compliance with subdivision (e). (3) Any shopping cart reclaimed by the owner or their agent, within three business days following the date of actual notice asprovided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including thewaiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cartreclaimed within the three-business-day period shall not be deemed an occurrence for purposes of subdivision (f). (4) Any shopping cart not reclaimed by the owner or their agent, within three business days following the date of actual notice asprovided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f)commencing on the fourth business day following the date of the notice. (5) Any shopping cart not reclaimed by the owner or their agent, within 30 days of receipt following the date of actual notice asprovided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g). (j) For purposes of this section, actual notice shall require proof that the notice was delivered to the owner, or their agent, which mayinclude, but is not limited to, telephone, mail with delivery confirmation, or electronic transmission with delivery confirmation. The city,county, or city and county shall maintain a record of that proof of delivery.

SEC. 2. Section 22435.7.5 is added to the Business and Professions Code, to read:
22435.7.5. (a) The Legislature hereby finds that the retrieval by local governmental agencies of shopping carts specified in thissection is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by thissection and Section 22435.7. (b) (1) A city, county, or city and county shall only retrieve and return a shopping cart that is located outside the premises or parkingarea of a retail establishment to the parking area or premises of the owner or retailer identified on the sign affixed to it in accordancewith Section 22435.1 and recover its actual costs, if the city, county, or city and county adopts an ordinance subject to the followingrequirements:
(A) The ordinance includes criteria for determining that a shopping cart is inaccessible for retrieval by the shopping cart owner, ortheir agent. 4/24/26, 3:24 PM Bill Text: CA SB753 | 2025-2026 | Regular Session | Chaptered | LegiScan https://legiscan.com/CA/text/SB753/2025 2/3448
(B) The ordinance includes an explanation of how the actual costs for retrieving and returning a shopping cart will be determined. (C) The ordinance provides for at least 48 hours’ actual notice to the owner of the shopping cart, or their designated agent, of theshopping cart’s location before the city, county, or city and county retrieves the cart. (D) The ordinance provides that the city, county, or city and county may recover its actual costs for the retrieval and return fromthe owner of the shopping cart, except those determined to be inaccessible pursuant to the criteria in subparagraph (A), subjectto the explanation described in subparagraph (B) and not to exceed more than one hundred dollars ($100) per shopping cart. (2) The ordinance may specify, but is not limited to, at least one of the following:
(A) The actual notice provides for the specific location of the shopping cart. (B) The actual notice provides that the shopping cart is located within a predesignated area or route, as determined by the city,county, or city and county. (3) The ordinance may require the owner of the shopping cart, or their designated agent, to follow procedures for receiving actualnotice. (c) When a city, county, or city and county retrieves a shopping cart in response to a duly filed complaint or service request submittedby a member of the public, the city, county, or city and county may do either of the following:
(1) Retrieve and return the shopping cart without providing actual notice to the owner of the shopping cart, or their designatedagent, in which case the city, county, or city and county shall not recover the actual costs of retrieval or return. (2) Provide at least 48 hours’ actual notice to the owner of the shopping cart, or their designated agent, before retrieval, in whichcase the city, county, or city and county may recover its actual costs of retrieval and return consistent with subdivision (b). (d) If the location of a shopping cart will impede emergency services or pose a substantial threat to health and safety, including animminent hazard, a city, county, or city and county is authorized to immediately retrieve and return the shopping cart. (e) This section shall not prohibit a city, county, or city and county from being able to retrieve and return shopping carts for noreimbursement. (f) For purposes of this section, both of the following apply:
(1) Actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limitedto, telephone, mail with delivery confirmation, or electronic transmission with delivery confirmation. The city, county, or city andcounty shall maintain a record of that proof of delivery. (2) The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking areaused by the complex or center. 4/24/26, 3:24 PM Bill Text: CA SB753 | 2025-2026 | Regular Session | Chaptered | LegiScan https://legiscan.com/CA/text/SB753/2025 3/3449
Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
5 Below 2 1 0 0 0 2 0 0 0 0 0 0 5
99¢ Only 0 0 7 0 5 2 0 0 0 1 0 0 15
Ace Hardware 4 4 2 0 2 2 0 0 2 5 1 0 22
Best Buy 6 5 9 3 4 4 0 4 2 1 1 0 39
Best Buy Market 3 3 0 2 2 0 2 0 12
BevMo 0 0 0 5 5 2 0 3 1 1 0 0 17
Biglots 0 2 0 2 0 0 0 0 0 2 0 0 6
Burlington 0 1 5 1 3 0 4 1 0 5 1 0 21
Costco 11 4 15 11 5 9 13 7 7 4 11 3 100
CVS 0 1 1 0 4 0 0 0 0 0 0 0 6
DD's Discount 1 1 0 0 0 0 0 0 0 3 0 0 5
Dicks 4 4 7 6 5 3 0 4 0 1 0 0 34
Dollar General 3 4 0 2 3 4 5 0 0 5 5 5 36
Family Dollar 1 1 0 2 1 0 0 0 0 1 0 0 6
Food 4 Less 1 1 4 2 3 3 0 5 0 1 1 0 21
FoodMaxx 1 0 0 2 4 2 2 2 0 1 0 14
Goodwill 3 4 0 0 0 3 0 0 0 2 0 0 12
Grocery Outlet 5 0 4 6 5 4 8 4 5 7 4 2 54
Harbor Freight 0 0 3 0 1 2 5 1 0 3 0 0 15
Hobby Lobby 0 1 2 0 1 0 5 0 0 5 3 0 17
Home Depot 3 1 3 0 2 2 3 4 2 4 0 0 24
Homegoods 4 0 2 1 4 4 3 0 1 3 0 0 22
JC Penny 0 0 1 0 2 3 0 2 0 1 0 0 9
JoAnns 0 0 10 0 0 4 5 0 0 4 5 0 28
Lowes 6 4 2 5 2 5 18 0 7 7 10 15 81
Marshalls 3 3 0 0 0 0 0 0 0 1 0 0 7
Office Depot 0 3 0 0 1 0 0 0 0 3 4 0 11
Petco 0 4 2 0 8 0 0 1 0 1 7 3 26
Petsmart 2 5 6 3 0 3 2 3 4 0 6 0 34
Rite Aid 0 2 0 0 2 3 0 0 4 3 1 0 15
RN Market 0 0 6 6 8 4 8 6 4 4 3 1 50
Ross 1 4 0 0 4 0 0 0 0 0 0 0 9
Sams Club 0 0 3 0 3 0 0 0 0 0 0 0 6
Save Co 2 3 4 7 0 9 0 2 4 9 2 0 42
SaveMart 9 2 2 3 2 13 10 5 7 9 7 10 79
Smart&Final 1 1 0 1 2 0 0 3 8 4 1 0 21
Sportsmans Warehouse 0 1 4 0 4 0 0 5 0 4 3 0 21
Sprouts 4 1 4 3 2 5 8 6 5 4 3 3 48
Staples 0 0 0 2 4 2 1 4 0 2 1 0 16
Target 6 5 5 3 9 6 1 6 6 1 5 10 63
TJ Maxx 0 0 2 0 4 4 0 3 6 0 1 5 25
Tractor Supply 0 1 1 2 2 8 4 0 4 1 1 24
US chef store 0 3 4 1 6 3 3 5 7 5 0 0 37
Vallarta 0 2 1 0 1 2 0 4 6 0 2 7 25
Walgreens 1 6 6 0 1 0 6 6 6 11 7 0 50
Walmart 20 28 39 20 12 31 35 25 14 28 20 22 294
Winco 11 10 12 9 4 19 9 14 10 2 1 5 106
Totals 114 123 178 105 141 171 162 141 122 161 120 92 1630 450
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Chapter 8.70
Abandoned Shopping
Carts Presentation
August 3, 2026

P L A N N I N G & C O M M U N I T Y P R E S E R V A T I O N 451
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D E P A R T M E N T N A M E

SUMMARY
1Staff is seeking to direction from Council to update
Chapter 8.70 Abandoned Shopping Carts by:

1. Update the amount for recovery cost per approved
Senate Bill (SB) 753.

2. Add language to include cart containment systems to
all new construction or remodels.
2 3
4 6
visalia.gov
452
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D E P A R T M E N T N A M E
visalia.gov
Update to Section 8.70.060 Enforcement &
Remedies per SB 753
The city may exercise the following remedies:

1. Pursuant to Business and Professions Code Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within 3 business days after receiving notice, shall pay the city's administrative costs for retrieving the cart(s). Any owner who fails to retrieve abandoned carts in accordance with this chapter in excess of 3 times during a specified 6-month period shall be subject to a $100 fine for each occurrence. An occurrence includes all carts owned by the owner that impounded by the city a one (1)-day period.
453
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D E P A R T M E N T N A M E
visalia.gov
• Fines are only being increased for abandoned
cart retrieval, fines are not being increased
for non-installation of locking mechanism on
a property.
• As noted in report, 1,630 shopping carts
collected in 2025.

Clarification of fines being increased for
abandoned carts only.
454
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D E P A R T M E N T N A M E
visalia.gov
Update to Section 8.70.030 Cart
Containment System Required
New Addition to Chapter 8.70
Staff recommends the following be included in the ordinance update:

A cart owner shall be required to install a physical
containment system when the cart owner establishes a new facility utilizing carts for customers or when any improvements or expansions occur with a value in excess of $50,000.00. 455
Thank you
456
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0059 Agenda Date: 8/3/2026 Agenda #: 2.

Agenda Item Wording:

Review the Visalia Police Department AB 481 annual report and adopt Resolution 2026-53 - Conduct the annual public meeting required by Assembly Bill 481 to review the Visalia Police Department 2025 Military Equipment Annual Report, review Ordinance No. 2022-09 adopting the Military Equipment Use Policy, adopt Resolution 2026-53 renewing the Military Equipment Use Policy and approving the continued use of the equipment described in the AB 481 annual report.

Agenda Date: 08/03/2026
Prepared by:

Police Chief Jason Salazar, 559-713-4215, [email protected]; Police Captain Dan Ford, 559-713-4151, [email protected]; Police Lieutenant Osvaldo Dominguez, 559-713-4285, [email protected] Department Recommendation:

It is recommended that the City Council conduct the annual public meeting required by Assembly Bill 481 to review the Visalia Police Department 2025 Military Equipment Annual Report, review Ordinance No 2022-09 adopting the Military Equipment Use Policy, adopt Resolution 2026-53 renewing the Military Equipment Use Policy and approving the continued use of the equipment described in the AB 481 annual report pursuant to Government Code § 7070 et seq.

Summary:

California Assembly Bill 481 (AB-481), the California Government Code (Gov. Code § 7070 et seq.), and Policy 708, requires that the Visalia Police Department submit an annual military equipment report to the legislative body, and for the Department to hold a public community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report, including the funding, acquisition, or use of military equipment. This agenda item serves as the annual public meeting required by AB 481, during which members of the public may provide comments and ask questions regarding the Department’smilitary equipment use and annual report.

In addition, the Government Code section 7071(e)(1) and (2) requires that the legislative body review the ordinance that adopted Policy 708 and vote on whether to renew it annually, along with reviewing whether the equipment identified in the annual report has been used appropriately and deciding whether to allow the continued use of the specified equipment. The City Council shall review the ordinance adopting the Visalia Police Department Policy 708 Military Equipment and vote on whether to renew the ordinance by resolution.

Background Discussion:

AB 481, approved on September 30, 2021, by Governor Gavin Newsom (codified as Chapter 12.8 of the California Government Code and commencing with section 7070 et seq.), requires that all local law enforcement agencies obtain approval from the applicable governing body (City Council) via the Visalia City Council Printed on 7/31/2026Page 1 of 3
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File #: 26-0059 Agenda Date: 8/3/2026 Agenda #: 2.
law enforcement agencies obtain approval from the applicable governing body (City Council) via the adoption of a “military equipment” use policy by ordinance prior to requesting, seeking funding, acquiring, and collaborating with other jurisdictions regarding the deployment and use of equipment identified in AB 481 as military equipment.

The term “militaryequipment”is defined in AB 481 and does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include but are not limited to unmanned aerial systems (UAS), armored vehicles, command and control vehicles, specialized firearms and ammunition, kinetic energy weapons and munitions, and noise-flash diversionary devices. Many of the items listed as “military equipment” by AB 481 are widely used by law enforcement agencies across the country as best practices to enhance community and officer safety. They are utilized in daily operations or in response to critical incidents.

The Visalia Police Department's Military Equipment Policy 708 adheres to California Government Code section 7070 et seq. with respect to the approval, acquisition, and reporting requirements of military equipment and is consistent with industry best practices. The Visalia Police Department has reviewed the deployment and use of the inventoried equipment during the reporting period and determined that it complied with applicable use policies in effect at the time.

The Applicable State Law and Policy 708 requires that the Visalia Police Department present an annual report regarding the use of military equipment in the previous year. The City Council is requested to review the report and determine whether the Police Department’s use of military equipment complies with the standards described above for approval. Thereafter, the City Council is to review Ordinance No. 2022-09 and vote on whether to renew it, as outlined in the attached resolution. State law requires that the annual report on the use of the specified equipment be reviewed and that the City Council decide whether the equipment has been used in compliance with the specified standards of use. If the City Council determines that the equipment has not been used according to the specified standards, then, under Government Code section 7071(e)(2), it may disapprove the authorization to utilize the specified equipment or require modifications to the equipment usage policy.

The 2026 Visalia Police Department AB 481 Annual Report was published on the City of Visalia website on June 24, 2026, at least 30 days prior to this public hearing. The webpage containing the applicable documents related to this ordinance and policy can be located at the following link:
<https://www.visalia.gov/511/Mandated-Disclosures>
The Visalia Police Department considers all use of the specified equipment to be in accordance with the specified standards, and the Department is seeking authorization to continue using all specified equipment under the currently approved Military Equipment Use Policy.

Note: The Visalia Police Department does not possess or utilize any military equipment procured from the United States Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033 program.

Fiscal Impact including annual maintenance and operating costs:

None.

Prior Council Action: Approved.

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File #: 26-0059 Agenda Date: 8/3/2026 Agenda #: 2.

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

I move to adopt Resolution 2026-53, a resolution renewing Ordinance No. 2022-09 which authorizes the Department’s Military Equipment Use Policy.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 08/03/2026
Attachments: 2025 Visalia Police Department AB 481 Annual Report, PPT, Ordinance No. 2022-09, and Proposed Resolution 2026-53.

Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☒
Organizational
Excellence
☐
Fiscal
Strength
☐
Infrastructure &
Growth
☐
Quality of
Life
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VISALIA POLICE DEPARTMENT
Presentation
Assembly Bill
(AB) 481
Annual Update
A u g u s t 3 , 2 0 2 6
460
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V i s a l i a P o l i c e D e p a r t m e n t
AB 481 requires the City Council’s approval of an annual report summarizing:
Equipment Use
Inventory
Costs
Citizen Complaints
AB 481 – Annual Update
AB 481 – Military Equipment, Funding, Acquisition, & Use Policy 461
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V i s a l i a P o l i c e D e p a r t m e n t
AB 481 – Timeline
AB 481 – Military Equipment, Funding, Acquisition, & Use Policy January 1, 2022
• AB 481 requires
our city to adopt
our policy by
ordinance.

June 20, 2022
• Policy was
approved and
adopted.

June 24, 2026
• 2026 The annual
Report was
published and
posted on the
Visalia Police
website.
https://www.visalia.gov/511/Mandated-Disclosures
462
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V i s a l i a P o l i c e D e p a r t m e n t
 Robots, Unmanned Aerial Vehicles (UAVs).
 Armored Rescue Vehicles.
 Command and Control Vehicles.
 Specialized rifles and munitions.
 Noise-flash diversionary devices and explosive breaching tools.  Munitions containing tear gas or OC spray.
 Kinetic energy weapons and munitions.
* VPD does not have or utilize surplus military equipment.

AB 481 – Military Equipment Categories
AB 481 – Military Equipment, Funding, Acquisition, & Use Policy 463
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V i s a l i a P o l i c e D e p a r t m e n t
AB 481 – Report Highlights
2025 Activity
AB 481 – Military Equipment, Funding, Acquisition, & Use Policy No Citizen Complaints
No Inventory Changes
• Armored Rescue Vehicle and Van: 15
• Unmanned Aerial Vehicle (UAV): 221
• Bomb Truck: 20
• Bomb Robot: 10
• Chemical Agents & Direct Impact Munitions: 4 Deployments Equipment Use:
464
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V i s a l i a P o l i c e D e p a r t m e n t
Move to adopt Resolution 2026-53, a resolution renewing Ordinance No. 2022-09, which authorizes the Department’s Military Equipment Use Policy.

AB 481 – Recommended Motion
AB 481 – Military Equipment, Funding, Acquisition, & Use Policy 465
AB 481 – Military Equipment, Funding, Acquisition, & Use Policy Thank you.

Questions?
466
ORDINANCE NO. 2022-09

AN ORDINANCE ADOPTING A MILITARY

EQUIPMENT USE POLICY

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA

Section 1: The City Council hereby finds the following:

A. On September 30, 202 1, California Assembly Bill 481 , relat ing to the use of military equipment by law enforcement agencies in the State of California, was signed into law.

B. Assembly Bill 481, codified in Government Code sections 7070 -7015, requires law enforcement agencies to obtain approval by ordinance from the applicable governing body of a “military equipment” (as that term is defined in Government Code section 7070) policy, during a regular meeting prior to taking specified actions relating to the funding, acquisition, or use of the defined types of military equipment.

C. The Visalia Police Department has prepared Policy 708 - Military Equipment, to meet these new state law requirements. A copy of Policy 708 , including the applicable equipment inventory, is attached hereto and made a part hereof by reference as Exhibit “A”.

D. The military equipment policy must be approved by the governing body by ordinance and reviewed annually thereafter.

E. Policy 708 describes the military equipment utilized by the Visalia Police Department , equipment quantity, capabilities, expected lifespan, and includes product descriptions from the equipment manufacturer.

F. Policy 708 describes t he purposes and authorized uses for which the Visalia Police Department proposes to use each type of described military equipment.

G. Policy 708 describes the fiscal impact for the military equipment, including the initial cost s of obtaining the equipment and estimated annual costs of maintaining the equipment.

H. Policy 708 describes t he legal and proced ural rules that govern authorized use of the equipment.

I. Policy 708 describes t he training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed befo re Visalia Police Department employees are allowed to use each specific type of military equipment.

J. Policy 708 includes mechanisms to ensure compliance.

K. Policy 708 includes procedures by which members of the public may register compla ints, concerns, or submit questions about the use of each specific type of military equipment and 467
how the Visalia Police Department will ensure that each complaint, concern, or question will receive a response in a timely manner.

L. The military equipment inventoried and presented by the Visalia Police Department is necessary because there is no reasonable alternative that can achieve the same objectives of officer and civilian safety.

M. Policy 708 will safeguard the public welfare, safety, civil rights, and civil liberties.

N. The military equipment described in Policy 708 is reasonably cost effective compared to available alternatives.

O. Prior military equipment use by the Visalia Police Department complies with the proposed policy and if prior uses did not comply with the proposed policy, then corrective actions have been taken to remedy nonconforming uses and ensure compliance.

P. The Visalia Police Department has submitted the proposed policy for review and has made the documents available on t he City of Visalia website for at least thirty (30) days prior to the adoption of this ordinance approving the proposed policy.

Q. Policy 708 was c onsidered as an agenda item in open session of a reg ularly scheduled meeting of the Visalia City Council , which was noticed in advance in accordance with applicable open meeting laws.

R. The process to authorize and approve this ordin ance was commenced pri or to May 1, 2022.

Section 2: Policy 708 shall be made publicly available on the City of Vis alia website for as long as the military equipment contained in the inventory is in use.

Section 3: The Visalia Police Department shall submit an annual milit ary equipment report to the City Counci l and this report shal l contain all the information required in Gov ernment Code section 7072 and the City Council shall review and vote on whether to renew approval of the military equipment policy during a regularly scheduled meeting.

Section 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any r eason held to be invalid or unenforceable, such invalidity or unenforceability shall not impact the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its applicat ion to any other person or circumstan ce. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, pa ragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sent ences, clauses or phrases hereof be declared invalid or unenforceable.

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Section 5: This Ordinance shall take effect thirty days after its adoption.

PASSED AND ADOPTED:

___________________________________
MAYOR

ATTEST: APPROVED BY CITY ATTORNEY:

______________________________ ____________________________________

CITY CLERK
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RESOLUTION NO. 2026-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA RENEWING VISALIA POLICE DEPARTMENT POLICY 708, MILITARY EQUIPMENT WHEREAS, On September 30, 2021, California Assembly Bill 481, relating to the use of military equipment by law enforcement agencies in the State of California, was signed into law; and
WHEREAS, Assembly Bill 481, codified in Government Code sections 7070 -7015, requires law enforcement agencies to obtain approval by ordinance from the applicable governing body of a “military equipment” (as that term is defined in Government Code section 7070) policy, during a regular meeting prior to taking specified actions relating to the funding, acquisition, or use of the defined types of military equipment; and

WHEREAS, Assembly Bill 481, the California Government Code (Gov. Code § 7070 et seq.), and Policy 708, requires that the Visalia Police Department submit an annua l military equipment report to the legislative body, and for the Department to hold a public community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report, including the funding, acquisition, or use of military equipment; and
WHEREAS, Government Code section 7071(e)(1) and (2) requires that the legislative body review the ordinance that adopted Visalia Department Policy 708 and vote on whether to renew it annually along with reviewing the equipment identified in the annual report has been used appropriately and deciding whether to allow the continued use of the specified equipment; and

WHEREAS, In 2022, in compliance with Assembly Bill 481, the Visalia City Council passed Ordinance 202 2-09, adopting a military equipment use policy identified as Visalia Police Department Policy Number 708 – Military Equipment; and
WHEREAS, The Visalia Police Department has reviewed the deployment and use of the inventoried equipment during the annual report period, included descriptions of such deployment and use in the report, and considers such usage to have followed applicable policies; and WHEREAS, The policy and the required annual report were submitted for review by the Visalia Police Department and the documents were made available on the City of Visalia Website on June 24, 2026; and

WHEREAS, a public hearing was held on August 3, 2026, that included a presentation of related to the use of military equipment in the previous year.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. Visalia Police Department Policy 708, Military Equipment, complies with Ordinance 2022- 09, and is renewed pursuant to Assembly Bill 481 and Government Code Section 7070 et. seq.

2. The annual military equipment report submitted by the Visalia Police Department has been reviewed and each type of military equipment identified in that report complies with the standards set forth in Government Code section 7071(d): the identified equipment is necessary because there is no reasonable alternative that can achieve the same objective 470
of officer and civilian safety; the military equipment use policy safeguards the public’s welfare, safety, civil rights, and civil liberties; the equipment that is being purchased is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; military equipment usage complied with the relevant policy; and the equipment use policy was made publicly available.

3. Continued usage of the equipment identified in the annual report by the Visalia Police Department as military equipment in accordance with California law and applicable Visalia Police Department Policy 708, is hereby authorized.

PASSED AND ADOPTED: August 3, 2026 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2026-53 passed and adopted by the Council of the City of Visalia at a regular meeting held on August 3, 2026.

Dated: August 4, 2026 LESLIE B. CAVIGLIA, CITY CLERK

By Reyna Rivera, Chief Deputy City Clerk

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0082 Agenda Date: 8/3/2026 Agenda #: 1.

Agenda Item Wording:

For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Albe Industries, Inc., a California corporation APN: 077-200-007(portion)
Purpose: Shirk Capacity Enhancement Project
Price: $2,718.00
Closing Date: 7/23/2026
Project Manager: Bryce Nagel
Buyer: City of Visalia
Visalia City Council Printed on 7/27/2026Page 1 of 1
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0030 Agenda Date: 8/3/2026 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings
Monday, August 17, 2026 @ 7:00 p.m. at 707 W. Acequia
Tuesday, September 8, 2026 @ 7:00 p.m. at 707 W. Acequia Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.

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

Visalia City Council Printed on 7/23/2026Page 1 of 1
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