Visalia City Council

Visalia City Council Visalia City Council 707 W. Acequia Visalia, CA 93291 City Council Meeting Minutes - Final Mayor Brian Poochigian Vice Mayor Brett Taylor Council Member Emmanuel Hernandez Soto Council Member Steve Nelsen Council Member Liz Wynn Monday, May 15, 2023 7:00 PM City Council Chambers ROLL CALL Present: Mayor Brian Poochigian, Vice Mayor Brett Taylor, Council Member Emmanuel Hernandez Soto, Council Member Steve Nelsen, and Council Member Liz Wynn CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted) The meeting was called to order at 4:00 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. WORK SESSION AND ACTION ITEMS (as described) 1. NEW EMPLOYEE INTRODUCTIONS: 23-0187 Police Department: Elizabeth Jones, Media & Communications Manager / Police & Fire PIO Benjamin Oakes, Officer Pablo Rivera, Officer Steve Vang, Officer Erica Castillo, Records Specialist Community Development: Maricela Delgado, Permit Tech. Sara MacLennan, Assistant Engineer Josh Dan, Senior Planner Page 1 of 10 City Council Meeting Minutes - Final May 15, 2023 2. Receive a presentation on the City of Visalia’s efforts and 23-0180 response to the Spring 2023 Flood Event to include a summary of the research, planning, and coordination of city staff and the City of Visalia’s unified command position with California Fire (Cal Fire) Incident Management Team 3. Dan Griswold, Fire Chief, introduced Billie See of Cal Fire and Visalia Battalion Chief Danny Wristen. Chief Griswold provided the overview City of Visalia's efforts and response to the Spring 2023 Flood Event to include a summary of the research, planning, and coordination of city staff and the City of Visalia's unified command position with California Fire (Cal Fire) Incident Management Team 3. Cal Fire Chief Billie See, updated the Council on the Emergency operations center. Page 2 of 10 City Council Meeting Minutes - Final May 15, 2023 3. Receive the May 2023 Annual Operations Report for the 23-0107 Downtown Visalia Property and Business Improvement District (DTVPBID) as required by Property and Business Improvement District Law of 1994 (PBID Law) and the current agreement between the City and the Downtown Property Owner's Association and Approve DTVPBID 5% assessment increase as proposed, or amended, to be included in the 2023/2024 tax roll, as required by the DTVPBID Management District Plan (MDP). Council Member Steve Nelsen stepped down from the dais and is recused as a Council Member on this item. Steve Nelsen, Downtown Visalians CEO, provided the information on the Downtown Visalia Property and Business Improvement District (DTVPBID) This is an assessment district which provides activities and improvements to Downtown property owners. The DTVPBID was created in 1998 and has been extended by ballot of the affected property owners ever since. The DTVPBID is in its 5th iteration, and the current duration is January 1, 2020, through December 31, 2029. In accordance with the DTVPBID Management District Plan (MDP), the City has contracted with the Downtown Visalia Property Owner’s Association (DTVPOA) for the administration of the DTVPBID, and the DTVPOA has subcontracted this administration to Downtown Visalians, Inc. The DTVPBID is required to submit the attached annual operations report by May 31st each year in accordance with the Property and Business Improvement District Law of 1994 (PBID Law) and the current agreement between the City and the DTVPOA. The report summarizes past, current, and planned activities, improvements, and the financial state of the DTVPBID. The report must also include any planned assessment increases. Council’s role, according to PBID Law, is to review the attached report to ensure consistency with the Management District Plan (MDP) and make any changes it deems necessary to ensure compliance with the MDP as balloted by the affected property owners. There were no public comments and no motion required. Page 3 of 10 City Council Meeting Minutes - Final May 15, 2023 4. Receive the Annual Operation Report for the Town-Center 23-0153 Business Improvement Area and approve amended agreement with Downtown Visalians Inc. to administer the revenues generated from the business tax override to support Downtown Visalia. Council Member Steve Nelsen stepped down from the dais and will abstain from the vote on this item. Steve Nelsen, Downtown Visalians CEO, and Renee Nagel, Finance Director, provided the annual Operation Report for the Town-Center Business Improvement Area and requested approval to amend the agreement with Downtown Visalians Inc. to administer the revenues generated from the business tax override to support Downtown Visalia. Business owners located in the Town-Center Business Improvement Area (TCBIA) voluntarily voted to pay a surcharge on their Business Tax (BT) for the purpose of providing parking, decorations, music, and promotion of public events and Downtown business. The revenue from this surcharge is collected during the City's BT billing process, and administered by Downtown Visalians, Inc. (DTV) through a management agreement with the City. This agreement requires the presentation of an Annual Operations Report (Report) of all matters covered under the agreement for the preceding fiscal year. Approval of the Report triggers renewal of the management agreement for another year. The 2022 Report is provided as Attachment A to this agenda item, and the presentation to be given tonight by Steve Nelson, the Executive Director and CEO of DTV. The current TCBIA Management Agreement was approved in October of 2012, and requires minor revisions to incorporate changes to the payment schedule of assessments and update the reports provided along with these payments. In addition, staff requests a change of the TCBIA fiscal year to be the calendar year, making the reporting period match the Downtown Visalia Property and Business Improvement District (DTVPBID) assessment year. The TCBIA and the DTVPBID are both administered by DTV. The ability to combine reporting of the goals and accomplishments for both revenue sources will allow a more comprehensive annual reporting of the activities administered by DTV in the Downtown area. Administration of the DTVPBID and the TCBIA by the DTV is a feature that was built into the design of these assessments, and no change in the management of these revenue sources is expected to occur during the life of these areas. There were no public comments. A motion was made by Vice Mayor Brett Taylor, seconded by Council Member Emmanuel Hernandez Soto, to approve as recommended. The motion carried by the following vote: Page 4 of 10 City Council Meeting Minutes - Final May 15, 2023 Aye: Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto,Liz Wynn Abstain: Steve Nelsen 5. Consideration of and direction on initiating potential Municipal 23-0191 Code Updates related to Allowing the Keeping of “Chickens” in Residential Zones. Paul Bernal, Community Development Director, provided the overview of the current ordinance regarding the keeping of chickens in the City limits. The rural designations of the residential zone has the exception of the R-1-20 sites in the City. The summary of the zone text amendment update included surrounding cities that do include the keeping of chickens in city limits. Permits would be ministerial and approved by staff at the front counter. The new potential ordinance would add to the neighborhood preservation workload if/when complaints are received. Public Comments: Darlene Mata, Visalia, stated the problem is the people with chickens in general. The smell of chickens can be atrocious if the areas are not cleaned on a daily basis They do attract other vectors such as rats and mice. It is not feasible or logical that having chickens is a cost savings as opposed to buying eggs. A motion was made by Council Member Steve Nelsen, seconded by Vice Mayor Brett Taylor, to Deny the recommendation for a potential code update related to allowing chickens in residential zones. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen,Liz Wynn Abstain: Emmanuel Hernandez Soto ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session) The meeting was adjourned to Closed Session at 5:38 p.m. CALL TO ORDER REGULAR SESSION - 7:00 PM The meeting was called to order at 7:00 p.m. PLEDGE OF ALLEGIANCE INVOCATION Page 5 of 10 City Council Meeting Minutes - Final May 15, 2023 ITEMS OF INTEREST The Council commented on various activities they participated in the last few weeks. SPECIAL PRESENTATION / RECOGNITION 1. Proclamation Recognizing National Public Works Week 23-0198 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. Laura Duarte, Visalia, shared an event that happened while she was opening her home windows to cool off her house. There was a truck in the parking lot behind her house at the little strip mall that is causing issues for the neighborhood. Someone was standing on the back end of the truck and could see into her home. She was uncomfortable, took a video and shared it with code enforcement. CONSENT CALENDAR A motion was made by Council Member Steve Nelsen, seconded by Vice Mayor Brett Taylor, to approve the Consent Calendar except for item 7. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto, Steve Nelsen,Liz Wynn 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. 23-0207 2. Request authorization to file a Notice of Completion for the Fleet 22-0454 Maintenance Settlement Repair Project. Project No. (1420-72000/CP0250) Page 6 of 10 City Council Meeting Minutes - Final May 15, 2023 3. Authorize the City Manager to file a Notice of Completion for; the 23-0134 Enhanced Crosswalk at Denton Street and Ferguson Avenue Project (CIP 3010-72000/CP0297-999) and the Linwood Street Pedestrian Pathway Project (CIP 3010-72000/CP0476-999) and an additional appropriation of $29,000 from the Measure R Local Fund to the Linwood Street Pedestrian Pathway Project. 4. Consider for re-appoint two current commissioners for second 23-0168 term on the Parks and Recreation Commission. 5. Authorize the City Manager to award a sole source purchase 23-0171 order for the repair and replacement of piping components of Digester #4 at the Water Reclamation Facility (WRF) to W.M. Lyles Company for a not to exceed amount of $284,000 and appropriate an additional $150,000 from the Wastewater Fund (431) to CIP Digester Cleaning & Equipment Repairs (CP9768). 6. Authorize the City Manager to award Request for Bids (RFB) 23-0174 22-23-37, an annual contract for On-Call Concrete Repair/Replacement to Sierra Range Construction of Visalia, CA. for the not to exceed amount of $200,000, based on proposed unit pricing. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods upon mutually agreed upon terms. 7. Second reading and adoption of Ordinance No. 2023-02, a 23-0175 request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an agricultural preservation ordinance to implement Visalia General Plan Land Use Policy LU-P-34. The project applies citywide to properties within the Urban Growth Boundary Tiers II and III established by the Visalia General Plan. A Notice of Exemption was prepared for the new ordinance in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183 (Public Resources Code §21083.3). Notice of Exemption No. 2023-23 disclosed that the Agricultural Land Preservation ordinance will have no additional environmental review based upon the ordinance implementing General Plan Land Use Policy LU-P-34, uniformly on development projects that convert prime farmland and farmland of statewide importance in Urban Growth Boundary Tier II and Tier III. Item 7 was pulled for a separate vote and Vice Mayor Taylor to Abstain. A motion was made by Council Member Liz Wynn, seconded by Council Member Steve Nelsen, to approve as recommended. The motion carried by the following vote: Page 7 of 10 City Council Meeting Minutes - Final May 15, 2023 Aye: Brian Poochigian, Emmanuel Hernandez Soto, Steve Nelsen,Liz Wynn Abstain: Brett Taylor 8. Authorize the City Manager to execute a new sole source 23-0176 contract with Ruckstell California Sales Co. for service, repair, and parts for refuse truck bodies including Heil, Mammoth and Edge bodies, and Tommy Liftgates. This contract will be for one year, with 4 one-year optional renewals with a not to exceed amount of $400,000 per year, $2,000,000 over the life of the contract. 9. Authorize the City Manager to execute a Restricted Grant 23-0178 Agreement between the City of Visalia and the California Department of Transportation, as well as any future amendments, for the North Visalia Beautification Project application to be submitted to the Clean California Local Grant Program and appropriate $3.1M, contingent upon grant award. Resolution No. 2023-16 required. 10. Approve Resolution 2023-14, designating the positions of City 23-0184 Manager, Assistant City Manager, and Finance Director as authorized agents for official correspondence with FEMA and CalOES. 11. Authorize changes to terms and conditions of employment with 23-0203 all represented and unrepresented City of Visalia employee bargaining groups. 12. Authorize for the City Manager to enter into a five (5) year 23-0177 Cooperative Agreement with the National Park Service (NPS) to continue in-park Sequoia Shuttle service, in conjunction with the City of Visalia’s Gateway Sequoia Shuttle service, for an annual contract amount received of $1,784,123, to be adjusted annually by Consumer Price Index (CPI), Producer Price Index (PPI), and any requested service adjustments and related costs. 13. Request for Council to confirm the change of the Visalia and 23-0186 Hispanic Chambers of Commerce Measure N Oversight Board appointed member selection from Gil Jaramillo to Armondo Apodaca. 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 8 of 10 City Council Meeting Minutes - Final May 15, 2023 1. Authorize Changes to Terms and Conditions of Employment by 23-0204 and between the City of Visalia and City Manager Diane Davis, Human Resources Manager, requested for Council to authorize and approve the changes to the terms and conditions of employment by and between the City of Visalia and the City Manager. A motion was made by Vice Mayor Brett Taylor, seconded by Council Member Steve Nelsen, to approve as recommended. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto, Steve Nelsen,Liz Wynn CLOSED SESSION REPORT 1. For the purposes of reporting out, for the record, transactions 23-0196 that occurred as a result of Closed Session Real Property Negotiations: Buyer: City of Visalia Seller: Francisco Acevedo Family L.P., a Limited Partnership APN: 126-670-002 & 126-670-004 (portion) Purpose: Caldwell Widening Project - Santa Fe to Lovers Land Brief Description: Right of Way - 0.02 acres; TCE - 1,150 sq. ft. Price: $7,700.00 Closing Date: 5/9/2023 Closed Session Council Date: N/A Project Manager: Fred Lampe Ken Richardson, City Attorney, reported out for the record the transactions that occurred as a result of real property negotiations as listed on the agenda. ADJOURNMENT The meeting was adjourned at 7:15 p.m. UPCOMING CITY COUNCIL MEETINGS Page 9 of 10 City Council Meeting Minutes - Final May 15, 2023 1. Upcoming City Council Meetings: 23-0206 Monday, June 5, 2023 @ 7:00 p.m. at 707 W. Acequia Monday, June 19, 2023 @ 7:00 p.m. at 707 W. Acequia Note: Meeting dates/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 call (559) 713-4512 48-hours in advance of the meeting. For Hearing Impaired - Call (559) 713-4900 (TTY) 48-hours in advance of the scheduled meeting time to request signing services. Any 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. Page 10 of 10