Visalia City Council

Visalia City Council Visalia City Council 707 W. Acequia Visalia, CA 93291 Visalia City Council Meeting Minutes - Final Brian Poochigian, Mayor Brett Taylor, Vice Mayor Steve Nelsen, Council Member Emmanuel Hernandez Soto, Council Member Liz Wynn, Council Member Monday, July 17, 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 - START TIME - 5:00 PM The meeting was called to order at 5:00 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) Page 1 of 8 Visalia City Council Meeting Minutes - Final July 17, 2023 1. Consideration of and direction to authorize staff to initiate zoning 23-0261 ordinance updates to address required changes in response to state law requirements that become effective in January 2024 under Senate Bill (SB) 1186, and to hire a consultant through a sole source contract process to assist with the preparation of potential revisions to cannabis regulations in Visalia including preparing a potential tax measure for cannabis sales. Paul Bernal, Community Development Director, and Jim Koontz, Assistant City Attorney, provided the update for consideration and direction of SB1186. Jim Koontz, Assistant City Attorney, explained the background of SB1186 and the Medicinal Cannabis Patients Right of Access Act.Effective on January 1, 2024, SB1186 prohibits local agencies from enforcing local regulations prohibiting retail sale by delivery of marijuana. This presentation is regarding medicinal marijuana delivery. The measure would not be proposing to legalize other types of cannabis sales but rather authorize the collection of local taxes if cannabis sales were allowed in the city. Voter approval would be required to tax prior to the implementation. Darlene Mata, Visalia stated a person who may need a marijuana card could take up to 3 months to obtain. Ms. Mata stated she assisted with a similar ordinance in another city and spoke in support of the product because it helps people. A motion was made by Council Member Steve Nelsen, seconded by Mayor Brian Poochigian, to approve as recommended. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto, Steve Nelsen, Liz Wynn ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session) The meeting adjourned to Closed Session at 5:36 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 ITEMS OF INTEREST SPECIAL PRESENTATION / RECOGNITION Page 2 of 8 Visalia City Council Meeting Minutes - Final July 17, 2023 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. April Lancaster, Visalia, voiced her concern regarding the farmer's market being suspended for two weeks. This caused lost vendor sales and funds to be used toward legal fees. Ms. Lancaster would like an unbiased investigation regarding the application. Irene Lapin, Visalia, would like the police department to dedicate a team specific to loud cars and motorcycles. Ms. Lapin opined the fireworks were worse this year than normal and suggested the City ban/outlaw all fireworks. Booster sales are not worth it and the use of fireworks is not good for the air quality. The following citizens spoke regarding the Transit work stoppage: Lisa Alvarado, Maria Guillen, Lucia Vasquez. Michelle Kenner, Visalia, requested an unbiased investigation for the 2023 certified farmer's market special events application. The paperwork was submitted timely. Now, the first quarter funds have to be used for legal fees. Lucia Vasquez, Visalia, spoke against the use of fireworks, and the Williamson Act, and the Farmers market. She supports an unbiased investigation into the paperwork that was submitted to the city. 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 Council Member Steve Nelsen, seconded by Vice Mayor Brett Taylor, to approve the Consent Calendar. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto, Steve Nelsen, Liz Wynn 1. Authorization to read ordinances by title only. 23-0233 Page 3 of 8 Visalia City Council Meeting Minutes - Final July 17, 2023 2. Authorize the City Manager to sign a contract extension with 23-0195 eVgo Services LLC to operate and maintain a multiport electric vehicle charging facility in the East Acequia parking structure at no cost to the City. 3. Confirm acceptance and appropriate $183,590 of grant funds 23-0259 from the Senate Bill (SB) 1383 Local Assistance Grant Program for the purchase of green commercial recycling bins. 4. Authorize the City Manager to award the contract for RFP 23-0262 22-23-45 - Professional Services for Preparation of an Industrial Land Inventory Analysis to 4Creeks, Inc. for a total amount not to exceed $60,000 (Capital Improvement Project #CP0536). 5. Authorize the City Manager to Award RFB 22-23-03 annual 23-0276 contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant B to Brightview Landscape Services, Inc., of Fresno, CA, $193,288.53 annually per specifications of RFB 22-23-03. 6. Authorize the City Manager to Award RFB 22-23-09 annual 23-0277 contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant I to Brightview Landscape Services, Inc., of Fresno, CA, $171,701.81 annually per specifications of RFB 22-23-03. 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 4 of 8 Visalia City Council Meeting Minutes - Final July 17, 2023 1. Public hearing for the diminishment of Williamson Act Agricultural 23-0264 Preserve No. 187 covering approximately 23.7 acres, as requested by the property owner. The project site is located on the north side of Ferguson Avenue, situated approximately 789 feet west of Demaree Street, within the City of Visalia (APN: 077-190-007). Resolution 2023-27 required. Brandon Smith, Principal Planner, provided the report for the diminishment of Williamson Act Agricultural Preserve number 187 covering approximately 23.7 acres, as requested by the property owner. Staff is requesting the Council hold a public hearing, and approve diminishment of Agriculture Preserve number 187. The public hearing was opened at 7:26 p.m. and following citizens provided public comment: Lucia Vasquez, April Lancaster, Melody Horton, Jared Olsen, Rose Marie and John Holbert. The public hearing was closed at 7:33 p.m. A motion was made by Vice Mayor Brett Taylor, seconded by Council Member Liz Wynn, to approve as recommended. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto, Steve Nelsen, Liz Wynn 2. Public hearing to conduct the second of two public hearings to 23-0265 amend the Measure N 10-year plan to convert one (1) Measure N Police Officer position for FY 2023/24 into two (2) Community Service Officer positions. Captain Dan Ford, Visalia Police Department, provided the report to Council. The public hearing was opened at 7:40 p.m. There were no public comments. A motion was made by Council Member Steve Nelsen, seconded by Vice Mayor Brett Taylor, to approve as recommended. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto, Steve Nelsen, Liz Wynn Page 5 of 8 Visalia City Council Meeting Minutes - Final July 17, 2023 3. Public hearing and consideration of the following actions related 23-0266 to the project located at 125 North Crenshaw Street, on the west side of North Crenshaw Street between West Mineral King Avenue and West Oak Avenue (APN: 085-130-002). 1. Certification of Initial Study / Negative Declaration No. 2022- 60 for Annexation No. 2022-06 and Crenshaw Tentative Subdivision Map No. 5595 (Resolution No. 2023-28 required); and 2. Initiation of Proceedings for Annexation No. 2022-06 a request by AW Engineering, to annex a 6.77-acre parcel into the City Limits of Visalia; and 3. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and 4. Authorize the City Manager to sign and enter into a Pre-Annexation Agreement (Resolution No. 2023-29 required). Josh Dan, Senior Planner, provided the report to Council regarding the annexation filing with the Tulare LAFCO. The Public Hearing was opened at 7:46 p.m. 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: Aye: Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto, Steve Nelsen, Liz Wynn 4. Review Ordinance No. 2022-09, which adopted the Visalia Police 23-0274 Department Military Equipment Use Policy, the 2023 Visalia Police Department AB 481 Annual Report, and adopt Resolution 2023-26, a resolution renewing the Visalia Police Department Military Equipment Use Policy and approving the continued use of the equipment described in the AB 481 Annual Report pursuant to Government Code Section 7070 et seq. and determine that approval of Resolution 2023-26 is not a project under CEQA. Osvaldo Dominguez, Visalia Police Department Professional Standards Lieutenant, provided the required AB 481 Annual Report with a report for the DOD 1033 program disclaimer. Lt. Dominguez explained the applicable military equipment categories as listed on the report and inventory. There no public comments. 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: Aye: Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto, Steve Nelsen, Liz Wynn Page 6 of 8 Visalia City Council Meeting Minutes - Final July 17, 2023 5. Public hearing and consideration of the following actions related 23-0267 to the project site located between South Lovers Lane and Road 148, just south of East Cherry Avenue (APN: 127-030-038): 1. Certification of Initial Study / Mitigated Negative Declaration No. 2023-30 for Annexation No. 2022-05 and Pearl Woods Tentative Subdivision Map No. 5591 (Resolution No. 2023-30 required); and 2. Initiation of Proceedings for Annexation No. 2022-05 a request by D.R. Horton to annex a 67.7-acre parcel into the City Limits of Visalia; and 3. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and 4. Authorize the City Manager to sign and enter into a Pre-Annexation Agreement (Resolution No. 2023-31 required). Josh Dan, Senior Planner, provided the report to Council for the annexation project site located between South Lovers Lane and Road 148, just south of East Cherry Avenue for filing with LAFCO. The land use project will produce sub division Pearl Woods. Paul Bernal, Community Development Director, answered Council Questions. The public hearing was opened at 8:04 p.m. Melody Hague, D.R. Horton, spoke in support of the Pear Woods project. The public hearing was closed. A motion was made by Council Member Emmanuel Hernandez Soto , seconded by Vice Mayor Brett Taylor, to approve as recommended. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto, Steve Nelsen, Liz Wynn Page 7 of 8 Visalia City Council Meeting Minutes - Final July 17, 2023 6. Public Hearing and first reading of Ordinance 2023-06 revising 23-0270 Visalia Municipal Code Chapter 10.16.210 Parking Commercial Vehicles in Residential Districts. A Notice of Exemption was prepared for the ordinance amendment in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (Public Resources Code 21083). Notice of Exemption No. 2023-34 disclosed that the revisions to Section 10.16.210 will have no significant effect on the environment because the proposed ordinance will establish objective performance standards that regulate the parking of commercial vehicles in in residential zones. Tracy Robertshaw, Neighborhood Preservation Manager, provided the report to Council regarding the revision of Visalia Municipal Code Chapter 10.16.210 Parking Commercial Vehicles. The public hearing was opened at 8:16 p.m. and closed at 8:19 p.m. Gail Zurek, Chamber of Commerce, thanked Tracy and her team. The model is an example of good collaboration. 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 ADJOURNMENT The meeting was adjourned at 8:20 p.m. UPCOMING CITY COUNCIL MEETINGS 1. Monday, August 07, 2023 @ 7:00 p.m. at 707 W. Acequia 23-0132 Monday, August 21, 2023 @ 7:00 p.m. at 707 W. Acequia If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, on or before Monday, July 17, 2023, to discuss your accessibility needs: 559-713-4512 or Michelle.Nicholson@Visalia.City <mailto:Michelle.Nicholson@Visalia.City>. Page 8 of 8