Visalia City Council

Visalia City Council Visalia City Council 707 W. Acequia Visalia, CA 93292 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, March 18, 2024 7:00 PM City Hall Council Chambers ROLL CALL Present: Mayor Brian Poochigian, Vice Mayor Brett Taylor, Council Member Steve Nelsen, Council Member Emmanuel Hernandez Soto, 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 and items listed on the Closed Session. 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: 24-0091 Code Enforcement: Julian Salmon - Code Enforcement Officer Martha Zavala - Code Enforcement Officer 2. Special Presentation - Proclamation and designation for the 24-0103 week of March 18, 2024, as National, Senior Games Week, in the City of Visalia. Page 1 of 8 Visalia City Council Meeting Minutes - Final March 18, 2024 3. Capital Improvement Program - Review select FY 2024/25 and 23-0440 2025/26 Capital Improvement Program (CIP) Budgets and future capital plans for primarily streets and roads. Melody Murch, Assistant Finance Director, provide the select FY 2024/25 and 2025/26 Capital Improvement Program Budgets and future capital plans for primarily streets and roads. This is the third opportunity for Council to review and comment on the city's 6 year capital plan. Jason Huckleberry, Engineering and Buildings Department Director, was in attendance. Engineer staff were also available to answer Council questions. The funds reviewed tonight are all transportation related. There were no public comments. No action required. 4. Bridging Horizons Inclusive Park Project Update - Receive a 24-0079 presentation on the Bridging Horizons Inclusive Park Project updated concept layout and provide direction regarding the updated layout. Jason Huckleberry, Engineering and Buildings Director and Cody McLaughlin, Assistant Engineer, provided the update on the new inclusive park project planned to be located on Oak Street between Burke Street and the Imagine U children’s museum facility. In Spring of 2022 the City of Visalia was selected as a grant awardee and awarded $7,829,352 for the new Inclusive Park project. The California Natural Resources Agency released the final guide and application for the Proposition 68 Statewide Park Development and Community Revitalization Grant Program. The purpose of this grant is to create new parks and recreation opportunities in under-served communities across California. In the Fall of 2022 city staff proceeded through the consultant procurement process and awarded professional consulting services to Odell Engineering. Through the grant application process outreach efforts were performed, however given covid impacts at the time, city staff felt there were obstacles that may have impacted outreach efforts. In turn, city staff determined there was a high importance to re-connect with the community on the project through public outreach. 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, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn Page 2 of 8 Visalia City Council Meeting Minutes - Final March 18, 2024 5. Advanced Clean Fleet Compliance Pathway - Review and 24-0087 approve the implementation of the Zero-Emissions Vehicle (ZEV) Milestones Option as the City’s method for California Air Resources Board (CARB) compliance under the Advanced Clean Fleet (ACF) regulations. Nick Bartsch, Public Works Director, provided the Advanced Clean Fleet Compliance pathway. In September of 2020, the Governor issued Executive Order N-79-20, which accelerated actions to mitigate the effects of climate change, including efforts to eliminate emissions from transportation through the advancement of carbon neutral technologies. This regulation requires that all automotive and equipment sales be zero-emission vehicles (ZEV) by 2035, with the full transition of medium- and heavy-duty vehicle fleets to ZEV’s by 2045. Currently, there are only (3) types of vehicles that qualify as zero-emission (or near-zero emission): Battery-electric, Plug-in hybrid (with a range greater than 50 miles of electric-only range), and hydrogen fuel cell vehicles No action required. 6. Mid-Kaweah Groundwater Update - Presentation by Aaron 24-0062 Fukuta on the Mid-Kaweah Groundwater Sustainability Agency and the Agency’s implementation of the state-mandated Sustainable Groundwater Management Act. Aaron Fukuta, Interim Executive Director of the Mid-Kaweah Groundwater Sustainability Agency provided an update on the agency’s implementation of the state-mandated Sustainable Groundwater Management Act. The work being done on the plan now is focused on offsetting the impacts to beneficial users, uses and property benefits through meaningful projects, management actions and mitigation measures that will bring the basin to sustainability. The presentation outlines a brief background of the GSA, it’s previous actions related to the initial and revised plan, and information on the key actions that are being developed in response to the major response that is required related to subsidence mitigation and dry well mitigation. On another action proposed on this agenda, staff is recommending that the City Council authorize the City Manager to contract with the Peltzer Richardson legal firm (the City Attorney firm) for a temporary out-of-scope agreement to address significant, on-going issues that are arising related to the City and the State Ground Water Management Act. There were no public comments. Page 3 of 8 Visalia City Council Meeting Minutes - Final March 18, 2024 ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session) The meeting adjourned to Closed Session at 5:31 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 The Council commented on various activities they participated in the last few weeks. SPECIAL PRESENTATION / RECOGNITION PUBLIC COMMENTS This is the time for people to comment on matters 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 the opportunity to address the Council on any matter of interest, whether on the agenda or not, other than the Consent Calendar. People may comment one time during the evening for up to three minutes unless additional time is authorized by the Council. 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. Taylor Heine, Visalia spoke about the events happening in Gaza. Kyran Rice, Visalia, representing the Church of Jesus Christ of Latter Day Saints to offer assistance by serving the community. Raquel Marmolejo, Visalia, spoke about the deplorable conditions of Riverway Sports Park and the filthy bathrooms. 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 by a City Council Member 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 motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn 1. Authorization to read ordinances by title only. 24-0070 Page 4 of 8 Visalia City Council Meeting Minutes - Final March 18, 2024 2. Confirm Contract Approval - Confirm City Manager execution of 24-0101 the Operations and Management Agreement of the Plaza Park Raceway with One Four Promotions, LLC for one (1) year. 3. Purchase of one (1) Diesel-Powered Solid Waste Truck. 24-0059 Authorize the City Manager to award a purchase order to E.M. Tharp of Porterville, CA for the purchase of one (1) diesel-powered solid waste truck through the Sourcewell Cooperative contract in the amount of $381,193.40 and appropriate $381,194 from the Solid Waste Enterprise Fund (441). 4. Appropriation of Awarded Grant Funds - Accept and authorize 24-0063 the appropriation of funds awarded from the State of California, Active Transportation Program (ATP) of 1) $2,385,000 for the Houston Community Connectivity Project; and 2) $795,000 for the Goshen-Visalia Corridor - Phase 1 Project. 5. Fire Department Grant Acceptance and Appropriation Request - 24-0065 Authorize staff to accept the 2023 State Homeland Security Grant Program grant award and appropriate $64,940 for the purchase of seven Motorola portable radios. 6. Award of L&L Contract - Authorize the City Manager to award the 24-0078 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant G to Elite Maintenance and Tree Service, Inc., not to exceed $101,461.14. 7. Playground Award - Authorize the City Manager to award a 24-0080 contract to Playground Design & Installation Services at Riverbend Park to Anchor 41 Construction, of Hanford, CA, for an amount not to exceed of $272,129.00. 8. Accept the City of Visalia Cash and Investment Report - for the 24-0081 second quarter of the fiscal year which consists of months October, November, and December of 2023. 9. Notice of Completion for Diamond Oaks Unit No. 2 - Request 24-0085 authorization to file a notice of completion for Diamond Oaks-Unit No. 2 subdivision containing 126 single family residential lots located south of Caldwell Avenue between Burke Street and Ben Maddox Way. Page 5 of 8 Visalia City Council Meeting Minutes - Final March 18, 2024 10. Energy Efficiency and Conservation Block Grant Application - 24-0088 Authorization for Public Works to submit Technical Assistance and Equipment Rebate Voucher application for U.S. Dept. of Energy’s Energy Efficiency and Conservation Block Grant in the amount of $182,320 to develop a comprehensive energy efficiency and energization audit of the Water Reclamation Facility. 11. Acceptance of the 2023 Housing Element - Annual Progress 24-0060 Report (APR). 12. Award of L&L Contract - Authorize the City Manager to Award 24-0083 RFB 22-23-12 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant L to Clean Cut Landscape Management, Inc., not to exceed $95,744.00. 13. Out-of-Scope Authorization for legal assistance - Direct the City 24-0108 Manager to authorize a temporary out-of-scope work program to address and advise on matters related to the State Groundwater Management Sustainability Act up to a maximum of $75,000 annually through June, 2026. 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 6 of 8 Visalia City Council Meeting Minutes - Final March 18, 2024 1. Business Regulations Amendment - Second reading and public 24-0038 hearing for Ordinance 2024-02 to amend Visalia Municipal Code Chapters 5.04 and 5.28 to include general updates and to address changes required for compliance with other sections of the Visalia Municipal Code. Melody Murch, Assistant Finance Director, requested for the City Council to hold a public hearing for the second reading of Ordinance No 2024-02 to amend the following Visalia Municipal Code (VMC) Chapters included in Title 5 - Business Regulations: 1. VMC Chapter 5.04 “Business Licenses Generally” 2. VMC Chapter 5.28 “Hotels and Lodging Houses” The amendments and additions to the VMC sections listed above are required to address outdated references and information, and to comply with other sections of the VMC. There were no public comments. A motion was made by Council Member Liz Wynn, seconded by Vice Mayor Brett Taylor, to approve as recommended. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn Page 7 of 8 Visalia City Council Meeting Minutes - Final March 18, 2024 2. Public Hearing - Water Reclamation Facility (WRF) - Removal of 24-0043 Industrial User Volume Discount - Approval of an amended wastewater treatment fee schedule that reflects the removal of the 10% discount for large industrial wastewater dischargers when they fail to comply with discharge requirements. Resolution 2024-11 required. Nick Bartsch, Public Works Director, provided the overview and explained the reasons to remove the 10% discount for large industrial wastewater dischargers when they fail to comply with discharge requirements. The City has a pretreatment program that monitors the discharge of nine permitted industrial users. An industrial user is defined as an industry within the Visalia city limits whose discharge to the sanitary sewer system exceeds 25,000 gallons per day. A large industrial user is defined as an industry within the Visalia city limits whose discharge to the sanitary sewer system exceeds 500,000 gallons per day. In October of 2012, the City of Visalia enacted a 10% large-volume discount for these large industrial users through an amendment to the wastewater treatment fee schedule. At that time, the industrial users were discharging within their permitted limits, and it was believed that there was value to the City to treat high volume, high strength process wastewater. While penalties exist and are assessed to encourage compliance and address these impacts, the current 10% volume discount provided to industries has effectively offset, or significantly reduced, them. Therefore, given the impacts from increased volumes above permitted limits, and the necessary increases in monitoring and enforcement, it seems the current discount has become contradictory to enforcing compliance, and has made the penalties ineffective. 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, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn CLOSED SESSION REPORT ADJOURNMENT The meeting was adjourned at 7:35 p.m. UPCOMING CITY COUNCIL MEETINGS 1. Monday, April 1, 2024 at 707 W. Acequia @ 7:00 p.m. 24-0068 Monday, April 15, 2024 at 707 W. Acequia @ 7:00 p.m. Page 8 of 8