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Visalia City Council

Regular Meeting

Visalia, CA · March 21, 2022

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Minutes

Visalia City Council Visalia City Council 707 W. Acequia Visalia, CA 93291 City Council Meeting Minutes - Final Mayor Steve Nelsen Vice Mayor Brian Poochigian Council Member Greg Collins Council Member Brett Taylor Council Member Liz Wynn Monday, March 21, 2022 7:00 PM City Council Chambers ROLL CALL Present: Mayor Steve Nelsen, Vice Mayor Brian Poochigian, Council Member Greg Collins, Council Member Brett Taylor, and Council Member Liz Wynn CALL TO ORDER WORK SESSION - 4:30 PM The meeting was called to order at 4:30 p.m. PUBLIC COMMENTS Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence. There were no public comments. WORK SESSION AND ACTION ITEMS (as described) Page 1 of 9 City Council Meeting Minutes - Final March 21, 2022 1. Continue review of select FY 2022/23 and 2023/24 Capital 22-0012 Improvement Program (CIP) Budgets and future capital plans. Melody Murch, Assistant Finance Director, provided the 2022/23 and 2023/24 Capital Improvement Program presentation. Finance staff will return in June for final adoption of the budget. No motion or action requested. 2. Discussion by Council and subcommittee regarding potential 22-0125 questions for the Citizens Advisory Committee Public Opinion Survey. Council discussed the various options of questions for the 2022 public opinion survey. A motion was made by Vice Mayor Brian Poochigian, seconded by Council Member Brett Taylor, to approve questions 1, 2, and 3 from the list provided to Council. The motion carried unanimously 5-0. Aye: Steve Nelsen, Brian Poochigian, Greg Collins, Brett Taylor, and Liz Wynn ADJOURN TO CLOSED SESSION - No Closed Session Scheduled The meeting adjourned to Closed Session at 5:06 p.m. Page 2 of 9 City Council Meeting Minutes - Final March 21, 2022 CALL TO ORDER REGULAR SESSION - 7:00 PM The meeting was called to order at 7:00 p.m. PLEDGE OF ALLEGIANCE INVOCATION ITEMS OF INTEREST SPECIAL RECOGNITION 1. SPECIAL RECOGNITION - ARBOR DAY 2022 22-0122 PROCLAMATION PUBLIC COMMENTS This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence. There were no public comments. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion . A motion was made by Vice Mayor Brian Poochigian, seconded by Council Member Greg Collins, to approve the balance of the consent calendar except item 5. The motion carried unanimously 5-0. Aye: Steve Nelsen, Brian Poochigian, Greg Collins, Brett Taylor, and Liz Wynn 1. Authorization to read ordinances by title only. 22-0123 Approved 5-0. Page 3 of 9 City Council Meeting Minutes - Final March 21, 2022 2. Adoption Resolution No. 2022-09 certifying Mitigated Negative 21-0688 Declaration No. 2021-62 prepared for CEQA compliance as part of the Economic Development Administration (EDA) ARPA Grant for construction of the Riggin Widening Project from Kelsey Street to Shirk Street (State Clearinghouse No. 2022010046) (Resolution No. 2022-09 required). Approved 5-0. 3. Authorize City Manager to award a five (5) year service and 22-0080 equipment contract with Axon Enterprise, Inc. located in Scottsdale, Arizona, not to exceed $894,378 and to provide the Visalia Police Department with a Mobile Audio/Video System (MAVS) for 133 marked patrol vehicles with installation and payment to take place over four (4) years. Approved 5-0. 4. Authorize the City Manager to enter into a three-year sole source 22-0089 Small Government Enterprise License Agreement and GeoEvent server license agreement with Environmental Systems Research Institute, Inc (Esri) to utilize Esri software and services on a subscription basis for three years, with a onetime prepayment for all three years not to exceed $300,000. Approved 5-0. 5. Accept the City of Visalia Cash and Investment Report for the 22-0094 second quarter of the fiscal year which consists of months October, November, and December 2021. Councilmember Collins pulled item 5 for separate discussion. Jason Montgomery, Finance Manager, answered Council questions regarding the increases due to the economic data. A motion was made by Council Member Liz Wynn, seconded by Vice Mayor Brian Poochigian, to approve as recommended. The motion carried unanimously 5-0. Aye: Steve Nelsen, Brian Poochigian, Greg Collins, Brett Taylor, and Liz Wynn 6. Award contract and authorize the City Manager to execute an 22-0095 agreement for RFB 21-22-21, Secure/Abate Properties, not to exceed $50,025 annually to the lowest bidder Joe Grijalva landscape. The agreement will be to secure and/or abate properties that are in violation of Visalia Municipal Codes as per the Neighborhood Preservation Division. Approved 5-0. Page 4 of 9 City Council Meeting Minutes - Final March 21, 2022 7. Approve the Citizens Advisory Committee’s recommendation to 22-0100 appoint Ed Jones and Juan Lopez to fill two vacant voting positions on the Citizens Advisory Committee. Approved 5-0. 8. Request authorization to file a notice of completion for “Shannon 22-0101 Ranch 3, Units No. 10 and 11” subdivision containing 70 single-family residential lots located on the south side of West Shannon Parkway between North Giddings and North Divisadero Streets. Approved 5-0. 9. Request authorization to file a Notice of Completion for “Los 22-0102 Pinos” subdivision containing 20 single-family residential lots located on the north side of West Visalia Parkway between South Dans and South Silvervale Streets. Approved 5-0. 10. Acceptance of the 2021 Housing Element Annual Progress 22-0103 Report (APR). Approved 5-0. 11. Authorization to submit an allocation request in the amount of 22-0112 $413,246 to the California Department of Transportation Low Carbon Transit Operations Program (LCTOP) for operating funds for continued funding of the V-LINE operations, appropriation when grant is awarded, and approve Resolution No.2021-XX required. Approved 5-0. REGULAR ITEMS AND PUBLIC HEARINGS Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings. Page 5 of 9 City Council Meeting Minutes - Final March 21, 2022 1. Conduct the first of two Public Hearings to consider Phase 2 of 22-0093 the Fire Department’s Measure N Squad Program which includes paramedic staffing and vehicle. Fire Chief Dan Griswold, provided a brief review of the squad program - phase 2 for the Measure N plan. Staff recommends the City Council conduct the first of two public hearings to approve the proposed Phase 2 of the Measure N Squad Program which includes paramedic staffing and vehicle. The Public hearing was opened at 7:16 p.m. and closed. There were no public comments. A motion was made by Council Member Liz Wynn, seconded by Council Member Brett Taylor, to approve as recommended. The motion carried unanimously 5-0. Aye: Steve Nelsen, Brian Poochigian, Greg Collins, Brett Taylor, and Liz Wynn 2. Conduct the first of two Public Hearings on the proposed 22-0085 Measure N Plan beginning in FY 2022/23 to reallocate the 2% that is allocated for youth programs in the amount of $75,000 to the Visalia Police Activities League (VPAL). Police Chief Jason Salazar, provided a report to Council the report for the Measure N funds. This will be the first of two public hearings on the proposed Measure N Plan beginning in FY 2022/23 to reallocate the 2% that is allocated for youth programs in the amount of $75,000 to the Visalia Police Activities League (VPAL). The Public Hearing was opened at 7:20 p.m. and closed. There were no public comments. A motion was made by Council Member Brett Taylor, seconded by Vice Mayor Brian Poochigian, to approve as recommended. The motion carried unanimously 5-0. Aye: Steve Nelsen, Brian Poochigian, Greg Collins, Brett Taylor, and Liz Wynn Page 6 of 9 City Council Meeting Minutes - Final March 21, 2022 3. First reading of Ordinance 2022-05 and discussion of proposed 22-0086 revisions of Visalia Municipal Code section 8.28, Solid Waste Collection and Disposal. Revisions incorporate recent State mandates related to commercial and multifamily recycling as well as an inclusion of State Senate Bill (SB)1383 regulatory requirements to reduce the qualifying thresholds for mandatory recycling. Jason Serpa, Public Works Manager, updated the Council and requested to conduct the first reading of Ordinance 2022-05. A motion was made by Vice Mayor Brian Poochigian, seconded by Council Member Greg Collins, to approve as recommended. The motion carried unanimously 5-0. Aye: Steve Nelsen, Brian Poochigian, Greg Collins, Brett Taylor, and Liz Wynn Page 7 of 9 City Council Meeting Minutes - Final March 21, 2022 4. Public Hearing and Introduction of Ordinance No. 2022-04 for 22-0091 Zoning Text Amendment No. 2021-10, a request by the City of Visalia to amend Chapter 8.46 Legislative Purpose and Definitions regarding Tobacco Stores, Zoning Ordinance Section Chapter 17.04 Definitions regarding Smoke Shops / Tobacco Stores, 17.25.030 (Zoning Use Matrix) line R78, and to amend Chapter 17.32 Special Provisions to implement performance standards regarding smoke shops/tobacco stores, which are conditionally permitted in the C-MU (Commercial Mixed-Use) and D-MU (Downtown Mixed-Use) Zones, Citywide, (Ordinance No. 2022-04 Required). Paul Bernal, Community Development Director, provided to Council the Zoning Text Amendment report . Since the 2017 update there has been an up tick in smoke shop inquires. Smoke shops are not defined in the municipal code therefore, this ordinance will clean up the language. The map is interactive and Mr. Bernal thanked the City GIS staff and department for their assistance. The performance standards will be applied to all applicants. Any church site that has a minor congregation such as a day care or pre-schools will be considered sensitive use. Councilmember Wynn requested a 1000 foot buffer in addition to banning candy flavored tobacco. Councilmember Taylor requested a buffer for adult businesses. Paul Bernal stated that an analysis would need to be completed. The public hearing was opened at 7:46 p.m. and closed at 7:55 p.m. The following citizens spoke: Johanna Garcia, California Health Collaborative Pact Program, provided literature for the Council specific to youth education. Jasmine Luna, Visalia spoke in support of the Zoning Text Amendment and a 1000 foot buffer. She believes many retailers are not identifying minors before the sale of tobacco products. Coulisse Curtis, Visalia, spoke in support of the Zone Text Amendment and added the buffer is important. A motion was made by Council Member Liz Wynn, seconded by Council Member Greg Collins, to adopt as amended. The motion carried unanimously Page 8 of 9 City Council Meeting Minutes - Final March 21, 2022 5-0. Aye: Steve Nelsen, Brian Poochigian, Greg Collins, Brett Taylor, and Liz Wynn CLOSED SESSION REPORT 1. For the purposes of reporting out, for the record, transactions 22-0121 that occurred as a result of Closed Session Real Property Negotiations: Buyer: City of Visalia, Seller: Hayes Ranch, LLC, a California limited liability company APN: 077-100-088 (portion) Brief Description: Riggin Widening Project - Kelsey to Shirk Price: $140,000.00 Closing Date: 12/29/2021 Project Manager: Diego Corvera ************************************************************************** ******************** Buyer: City of Visalia Seller: Eduardo M. Gutierrez & Dara Gutierrez APN: 126-261-001 (portion) Purpose: Caldwell Improvement Project-Akers to Shady Price: $1,000.00 Closing Date: 9/15/2021 Project Manager: Fred Lampe ADJOURNMENT The meeting was adjourned at 8:02 p.m. 1. Upcoming Visalia City Council Meetings: **** Thursday, March 24, 2022 - Special Joint Meeting @ 4:30 PM - 915 S. Mooney Blvd Monday, April 4, 2022 - Regular Meeting @ 7:00 PM - 707 W. Acequia Page 9 of 9

Agenda

Visalia City Council Visalia City Council 707 W. Acequia Visalia, CA 93291 City Council Meeting Agenda - Final - Amended Mayor Steve Nelsen Vice Mayor Brian Poochigian Council Member Greg Collins Council Member Brett Taylor Council Member Liz Wynn Monday, March 21, 2022 7:00 PM City Council Chambers ROLL CALL CALL TO ORDER WORK SESSION - 4:30 PM PUBLIC COMMENTS Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence. WORK SESSION AND ACTION ITEMS (as described) 1. Continue review of select FY 2022/23 and 2023/24 Capital 22-0012 Improvement Program (CIP) Budgets and future capital plans. 2. Discussion by Council and subcommittee regarding potential 22-0125 questions for the Citizens Advisory Committee Public Opinion Survey. ADJOURN TO CLOSED SESSION - No Closed Session Scheduled CALL TO ORDER REGULAR SESSION - 7:00 PM PLEDGE OF ALLEGIANCE INVOCATION ITEMS OF INTEREST SPECIAL RECOGNITION 1. SPECIAL RECOGNITION - ARBOR DAY 2022 PROCLAMATION 22-0122 Page 1 of 5 City Council Meeting Agenda - Final - March 21, 2022 Amended PUBLIC COMMENTS This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome. This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion . 1. Authorization to read ordinances by title only. 22-0123 2. Adoption Resolution No. 2022-09 certifying Mitigated Negative 21-0688 Declaration No. 2021-62 prepared for CEQA compliance as part of the Economic Development Administration (EDA) ARPA Grant for construction of the Riggin Widening Project from Kelsey Street to Shirk Street (State Clearinghouse No. 2022010046) (Resolution No. 2022-09 required). 3. Authorize City Manager to award a five (5) year service and 22-0080 equipment contract with Axon Enterprise, Inc. located in Scottsdale, Arizona, not to exceed $894,378 and to provide the Visalia Police Department with a Mobile Audio/Video System (MAVS) for 133 marked patrol vehicles with installation and payment to take place over four (4) years. 4. Authorize the City Manager to enter into a three-year sole source 22-0089 Small Government Enterprise License Agreement and GeoEvent server license agreement with Environmental Systems Research Institute, Inc (Esri) to utilize Esri software and services on a subscription basis for three years, with a onetime prepayment for all three years not to exceed $300,000. 5. Accept the City of Visalia Cash and Investment Report for the 22-0094 second quarter of the fiscal year which consists of months October, November, and December 2021. Page 2 of 5 City Council Meeting Agenda - Final - March 21, 2022 Amended 6. Award contract and authorize the City Manager to execute an 22-0095 agreement for RFB 21-22-21, Secure/Abate Properties, not to exceed $50,025 annually to the lowest bidder Joe Grijalva landscape. The agreement will be to secure and/or abate properties that are in violation of Visalia Municipal Codes as per the Neighborhood Preservation Division. 7. Approve the Citizens Advisory Committee’s recommendation to 22-0100 appoint Ed Jones and Juan Lopez to fill two vacant voting positions on the Citizens Advisory Committee. 8. Request authorization to file a notice of completion for “Shannon 22-0101 Ranch 3, Units No. 10 and 11” subdivision containing 70 single-family residential lots located on the south side of West Shannon Parkway between North Giddings and North Divisadero Streets. 9. Request authorization to file a Notice of Completion for “Los Pinos” 22-0102 subdivision containing 20 single-family residential lots located on the north side of West Visalia Parkway between South Dans and South Silvervale Streets. 10. Acceptance of the 2021 Housing Element Annual Progress Report 22-0103 (APR). 11. Authorization to submit an allocation request in the amount of 22-0112 $413,246 to the California Department of Transportation Low Carbon Transit Operations Program (LCTOP) for operating funds for continued funding of the V-LINE operations, appropriation when grant is awarded, and approve Resolution No.2021-XX required. REGULAR ITEMS AND PUBLIC HEARINGS Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings. 1. Conduct the first of two Public Hearings to consider Phase 2 of the 22-0093 Fire Department’s Measure N Squad Program which includes paramedic staffing and vehicle. 2. Conduct the first of two Public Hearings on the proposed Measure 22-0085 N Plan beginning in FY 2022/23 to reallocate the 2% that is allocated for youth programs in the amount of $75,000 to the Visalia Police Activities League (VPAL). Page 3 of 5 City Council Meeting Agenda - Final - March 21, 2022 Amended 3. First reading of Ordinance 2022-05 and discussion of proposed 22-0086 revisions of Visalia Municipal Code section 8.28, Solid Waste Collection and Disposal. Revisions incorporate recent State mandates related to commercial and multifamily recycling as well as an inclusion of State Senate Bill (SB)1383 regulatory requirements to reduce the qualifying thresholds for mandatory recycling. 4. Public Hearing and Introduction of Ordinance No. 2022-04 for 22-0091 Zoning Text Amendment No. 2021-10, a request by the City of Visalia to amend Chapter 8.46 Legislative Purpose and Definitions regarding Tobacco Stores, Zoning Ordinance Section Chapter 17.04 Definitions regarding Smoke Shops / Tobacco Stores, 17.25.030 (Zoning Use Matrix) line R78, and to amend Chapter 17.32 Special Provisions to implement performance standards regarding smoke shops/tobacco stores, which are conditionally permitted in the C-MU (Commercial Mixed-Use) and D-MU (Downtown Mixed-Use) Zones, Citywide, (Ordinance No. 2022-04 Required). CLOSED SESSION REPORT 1. For the purposes of reporting out, for the record, transactions that 22-0121 occurred as a result of Closed Session Real Property Negotiations: Buyer: City of Visalia Seller: Hayes Ranch, LLC, a California limited liability company APN: 077-100-088 (portion) Brief Description: Riggin Widening Project - Kelsey to Shirk Price: $140,000.00 Closing Date: 12/29/2021 Project Manager: Diego Corvera **************************************************************************** ****************** Buyer: City of Visalia Seller: Eduardo M. Gutierrez & Dara Gutierrez APN: 126-261-001 (portion) Purpose: Caldwell Improvement Project-Akers to Shady Price: $1,000.00 Closing Date: 9/15/2021 Project Manager: Fred Lampe ADJOURNMENT Page 4 of 5 City Council Meeting Agenda - Final - March 21, 2022 Amended 1. Upcoming Visalia City Council Meetings: **** Thursday, March 24, 2022 - Special Joint Meeting @ 4:30 PM - 915 S. Mooney Blvd Monday, April 4, 2022 - Regular Meeting @ 7:00 PM - 707 W. Acequia Page 5 of 5

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