Visalia City Council

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, June 6, 2022 7:00 PM City Council Chambers ROLL CALL Present: Mayor Steve Nelsen, Vice Mayor Brian Poochigian, Council Member Greg Collins, and Council Member Brett Taylor Absent: 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 June 6, 2022 1. Presentation of the Tourism Marketing District Plan, 22-0238 consideration of the Resolution of Intention to renew the Visalia Tourism District in accordance with the Property and Business Improvement District Low of 1994, based on the submission of ballots representing more than a majority of the property owners based on their assessment value. The Resolution will trigger public notice of a public meeting on July 18, 2022, and a Public Hearing and consideration of a Resolution of Formation on August 1, 2022 which could result in a special assessment on local lodging businesses to fund sales and marketing programs designed to increase overnight visitation and room sales to assessed lodging businesses. (Resolution 2022-36 required) Gina Reed from Civitas Advisors, provided the presentation of the Tourism Marketing District Plan, requested consideration of the Resolution of Intention to renew the Visalia Tourism District in accordance with the Property and Business Improvement District Low of 1994, based on the submission of ballots representing more than a majority of the property owners based on their assessment value. The Resolution will trigger public notice of a public meeting on July 18, 2022, and a Public Hearing and consideration of a Resolution of Formation on August 1, 2022 which could result in a special assessment on local lodging businesses to fund sales and marketing programs designed to increase overnight visitation and room sales to assessed lodging businesses. Public notices will be mailed on June 7, 2022 to all the hoteliers. A motion was made by Vice Mayor Brian Poochigian, seconded by Council Member Brett Taylor, to approve as recommended. The motion carried by the following vote: Aye: Steve Nelsen, Brian Poochigian, Greg Collins, and Brett Taylor Absent: Liz Wynn Page 2 of 9 City Council Meeting Minutes - Final June 6, 2022 2. Receive, review, and discuss proposed new fees, increases and 22-0074 adjustment to the City’s Rates and Fees Schedule for Fiscal Year 2022-23. Kari Williams, Financial Analyst, provided to the Council the proposed new fees, increases and adjustment to the City’s Rates and Fees Schedule for Fiscal Year 2022-23. Annually all Fees, except Impact Fees and Business Tax, are recommended for annual cost of living adjustments for the next fiscal year. City ordinances limit annual Impact Fee and Business Tax adjustments to specific CPI indices and are adjusted accordingly. Annual inflationary adjustments help Departments cover costs and lessen the burden on the General Fund so that the fund will be available to cover critical operations including public safety. There will be two meetings to review the Rates and Fees for Fiscal Year 2022-23. The first meeting, on June 6, 2022 is for presentation and discussion only. The second meeting, on June 20, 2022 is to conduct a public hearing and take action to adopt the City’s Rates and Fees Schedule for Fiscal Year 2022-23. If approved, the effective date is July 1 for all rates and fees, except for Impact Fees, which require a 60-day notice, thus making the effective date for these fees August 20, 2022. Steven Torres, Convention Center Sales Supervisor, explained the Convention Center fee increases exceeding the CPI. No motion or action requested. Present: Mayor Steve Nelsen, Vice Mayor Brian Poochigian, Council Member Greg Collins, and Council Member Brett Taylor Absent: Council Member Liz Wynn ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session) CALL TO ORDER REGULAR SESSION - 7:00 PM The meeting was called to order at 7:00 p.m. Council Member Taylor and Wynn were absent for the Regular Session. PLEDGE OF ALLEGIANCE INVOCATION Page 3 of 9 City Council Meeting Minutes - Final June 6, 2022 ITEMS OF INTEREST The Council commented on various activities they participated in the last few weeks. 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. Annie Silva, Visalia, expressed concern about homeless people camping out in the neighborhood where she lives. Many of the residents are concerned about the dry shrubs and trees being a fire hazard. Ms. Silva also stated she does not agree with allowing cannabis dispensaries in Visalia. Pastor Isabelle Vella, has a business on Mooney and there is an ongoing issue with a homeless individual outside of the business. She has video of the person trying to break the windows with a pipe and she has contacted the police department, only to be told there is nothing they can do. Agapito Garza, Visalia, stated he received a letter regarding a dog citation at his residence for the tax roll. Mayor Nelsen explained he can speak when that item is called and heard. Sherry Shire, Visalia expressed concern about the time it took the Police Department to arrive at her residence. She waited an hour and a half for police to arrive. Where is PD when they are called? She does not feel safe in Visalia. Consuelo Shaw, Visalia, spoke about a homeless man on Mooney Blvd. and she believes the homeless issue is getting very bad. 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 Consent Calendar. The motion passed unanimously 3-0 by the following vote: Page 4 of 9 City Council Meeting Minutes - Final June 6, 2022 Aye: Steve Nelsen, Brian Poochigian, and Greg Collins Absent: Brett Taylor, and Liz Wynn 1. Authorization to read ordinances by title only. 22-0150 Approved 3-0. (Taylor and Wynn absent) 2. Confirm the City Manager’s execution of a construction contract 22-0088 change order to excavate and repair various roadway subgrade sections along Avenue 288 due to subgrade “pumping” on a Time and Materials basis with a not to exceed amount of $300,000 for the Avenue 288 Reconstruction Project (4330-72000/CP0319-999) and appropriate $300,000 from the WWTP Fund (431). Approved 3-0. (Taylor and Wynn absent) 3. Authorize the City Manager to: 1) award the construction contract 22-0138 for RFB 21-22-35, FFY 19-20 Major Street Rehabilitation - Goshen Ave from Shirk Street to Mooney Blvd., to A.J. Excavation, Inc. of Fresno, CA. in the amount of $3,199,427; 2) authorize the transfer of $1.2M of Surface Transportation Block Grant (STBGP) funds from CP9225 Road Rehab to CP0490. Approved 3-0. (Taylor and Wynn absent) 4. Second reading and adoption of Ordinance No. 2022-08, 22-0192 authorizing an amendment of the current lease between the City of Visalia and the Federal Express Corporation for a multiyear agreement giving the potential to add ten (10) total years to the agreement, at the rate of eleven thousand three hundred seventy-nine dollars and fifty-one cents ($11,379.51) monthly plus annual CPI adjustments. Approved 3-0. (Taylor and Wynn absent) 5. Authorize the City Manager to award Request for Bids (RFB) 22-0204 21-22-39, an annual contract for Boiler Maintenance at the Water Reclamation Facility (WRF) to ACCO Engineered Systems of Fresno, Ca. for a not to exceed annual amount of $30,000. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods upon mutually agreed upon terms. Approved 3-0. (Taylor and Wynn absent) Page 5 of 9 City Council Meeting Minutes - Final June 6, 2022 6. Authorize the City Manager to accept and appropriate 22-0209 $7,829,352 in funds awarded form the State of California Natural Resources Agency, Proposition 68 Statewide Park Development and Community Revitalization Grant and appropriate $51,000 from the Parks Impact Fee Fund (211). Approved 3-0. (Taylor and Wynn absent) 7. Authorize the City Manager to award Request for Bids (RFB) 22-0210 21-22-37, an annual contract for the supply of polymer for the Water Reclamation Facility (WRF) to Polydyne, Inc. of Riceboro, GA. for a not to exceed annual amount of $1,000,000. Approved 3-0. (Taylor and Wynn absent) 8. Authorize the City Manager to award the construction contract for 22-0211 RFB 21-22-47, Goshen Basin Project, to JT2, Inc. dba Todd Companies, of Visalia, CA in the amount of $1,975,000.00. (CIP 3010-72000/CP8334-999) Approved 3-0. (Taylor and Wynn absent) 9. Request authorization to record the final parcel map for Tentative 22-0213 Parcel Map No. 2021-01, located at 4204 South Demaree Street. (APN: 126-020-061) Approved 3-0. (Taylor and Wynn absent) 10. Authorize changes to terms and conditions of employment with 22-0218 all represented and unrepresented bargaining groups to advance the negotiated third-year salary increase to the second year resulting in employees receiving a total of an 8% increase in July 2022. Approved 3-0. (Taylor and Wynn absent) 11. Request authorization to file a Notice of Completion for “Caldwell 22-0221 & Demaree Garden Unit” subdivision containing 91 single-family residential lots located at the southwest corner of South Demaree Street and West Packwood Avenue. Approved 3-0. (Taylor and Wynn absent) 12. Approval of the Mural Application Request from Downtown 22-0233 Visalians for one temporary mural proposed on the south-facing temporary wall installed on the fire-damaged building located at 312 through 316 West Main Street. Approved 3-0. (Taylor and Wynn absent) REGULAR ITEMS AND PUBLIC HEARINGS Page 6 of 9 City Council Meeting Minutes - Final June 6, 2022 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. Public Hearing and Adoption of Resolution 2022-13 which allows 22-0219 the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for Curb and Gutter, Sewer Connection, Deferred Parking in Lieu Fees, Deferred Impact Fees, Property and Business Improvement District, Northeast Improvement District, Landscape and Lighting Maintenance District, Landscape and Lighting Parks Construction, Open Space Assessment District, Village West Street Improvements, Orchard Walk East/West Utility Assessment District, Laura and Atwood Water Main Assessment District, Delinquent Utilities, Code Enforcement, and Weed & Lot Abatement. Ruth Pena, Financial Analyst, explained the tax roll process and the annual review. Each year, the Council considers a Resolution to place assessments on the property tax roll for collection. The information is due to Tulare County by August 10, 2022. The process allows for agreements to be entered into at the Property Owners request, Special District Assessments, and delinquent accounts. The numbers are preliminary and will change due to some payments made between now and the deadline. The public hearing was opened at 7:24 p.m. Agapito Garza owns and rents a property on Bridge Street and his tenants owned the dogs associated with the citation. Mr. Garza was referred to Ivy Ruiz, Animal Services Supervisor. The public hearing was closed. A motion was made by Council Member Greg Collins, seconded by Vice Mayor Brian Poochigian, to approve as recommended with the exception of Mr. Garza's request for review of the citation. The motion carried unanimously 3-0 by the following vote: Aye: Steve Nelsen, Brian Poochigian, and Greg Collins Absent: Brett Taylor, and Liz Wynn Page 7 of 9 City Council Meeting Minutes - Final June 6, 2022 2. Conduct the first of two public hearings on the proposed Fiscal 22-0217 Years 2022/23 & 2023/24 Measure N budget. Renee Nagel, Finance Director, provided an overview of the proposed Measure N Budget. The Measure N Budget requires two public hearings and has to be adopted by June 30, 2022 to be able to spend in FY 2022/23. In order to meet this timeline, staff presents the Measure N budget separately from the Citywide budget. The proposed Measure N budget for FY 2022/23 and 2023/24 was reviewed with Council on May 2, 2022. The Measure N Oversight Committee reviewed the proposed budget on May 19, 2022 and unanimously approved the recommended budget. Councilmember Collins is concerned about the youth programs in the formula because he believes it is not an adequate amount based on the entire fund . The public hearing was opened at 7:29 p.m. and closed. There were no public comments. 3. Authorize Changes to Terms and Conditions of Employment 22-0222 related to a salary increase consistent with that being provided to other employees. Contract is by and between the City of Visalia and City Manager. Diane Davis, Human Resources Manager, explained the approval of the salary increase for City Manager, Leslie Caviglia. A motion was made by Vice Mayor Brian Poochigian, seconded by Council Member Greg Collins, to approve as recommended. The motion carried unanimously 3-0 by the following vote: Aye: Steve Nelsen, Brian Poochigian, and Greg Collins Absent: Brett Taylor, and Liz Wynn CLOSED SESSION REPORT Page 8 of 9 City Council Meeting Minutes - Final June 6, 2022 1. For the purposes of reporting out, for the record, transactions 22-0231 that occurred as a result of Closed Session Real Property Negotiations: Buyer: City of Visalia Seller: Alice W. DeGroot-Grant, as Trustee of the Alice W. DeGroot Revocable Trust, dated September 7, 2000, as amended and restated APN: 077-200-006 (portion) Purpose: Riggin Widening Project - Kelsey to Shirk Price: $306,000.00 Closing Date: 5/17/2022 Project Manager: Diego Corvera ***************************************** Buyer: City of Visalia Seller: Rocky F. White, Trustee of the 2020 Rocky F. White Separate Property Trust, created under Instrument dated September 24, 2020. APN: 077-650-001 (portion) Purpose: Shirk Widening Project Price: $105,200.00 Closing Date: 5/17/2022 Project Manager: Chantha Chap ****************************************** Buyer: City of Visalia Seller: Scalia, Inc., a California corporation APN: 077-780-003 (portion) Purpose: Right of Way purchase Brief Description: Shirk Widening Project Price: $125,000.00 Closing Date: 5/23/2022 Project Manager: Chantha Chap ADJOURNMENT The meeting was adjourned at 7:32 p.m. 1. Upcoming Visalia City Council Meetings: 22-0208 Monday, June 13, 2022 at 6:00 PM: Special Joint Meeting with Visalia City Council and Visalia Planning Commission, Visalia Convention Center, 303 E. Acequia Monday, June 20, 2022 at 7:00 PM: Regular Meeting, City Hall, 707 W. Acequia Page 9 of 9