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Visalia City Council

Regular Meeting

Visalia, CA · May 6, 2024

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Minutes

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, May 6, 2024 7:00 PM 707 W. Acequia ROLL CALL Present: Mayor Brian Poochigian, Council Member Steve Nelsen, Council Member Emmanuel Hernandez Soto, and Council Member Liz Wynn Absent: Vice Mayor Brett Taylor CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted) The meeting was called to order at 4:02 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. Capital Improvement Program - Review FY 2024/25 and 2025/26 24-0153 Capital Improvement Program (CIP) Budget for Narcotics Forfeiture Fund (621) Melody Murch, Assistant Finance Director, provided the CIP Narcotics forfeiture report to Council. The Council is scheduled to act upon the CIP budget during the month of June in conjunction with the operating budget. Council has reviewed all Capital budget requests in prior Work Sessions, however, the Narcotics Forfeiture Fund (621) was excluded from the visual presentation made on April 15, 2024 in error. For this reason, the budget detail for the Narcotics Forfeiture Fund is being brought for Council review and direction prior to final adoption of the 2-year budget planned for June 2024. No formal action is required or requested at this time Page 1 of 7 Visalia City Council Meeting Minutes - Final May 6, 2024 2. Review and discuss the proposed Fiscal Year 2024/25 & 25/26 24-0156 Measure N Budget and continue with the amended expenditure plan previously approved. Renee Nagel, Finance and Technology Director, and Amee Swearingen, Financial Analyst provided the report to Council for the Measure N requirements regarding the Visalia Essential City Services Measure. Sales Tax from Measure N will provide for essential city services such as police and fire, as well as maintenance of parks and roads. In November of 2016, the voters of Visalia passed a ½ cent Sales Tax Override, Measure N - The Visalia Essential City Services Measure. Sales Tax from Measure N will provide for essential city services such as police and fire, as well as maintenance of parks and roads. Council must approve for the staff to take this to Measure N committee. Staff will present the report to the Measure N Oversight Committee on May 9, 2024. A motion was made by Council Member Steve Nelsen, seconded by Council Member Emmanuel Hernandez Soto, to approve as recommended. The motion carried by the following vote: Aye: Brian Poochigian, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn Absent: Brett Taylor Page 2 of 7 Visalia City Council Meeting Minutes - Final May 6, 2024 3. Survey Findings Update on Potential Cannabis Tax - Receive the 24-0160 staff report and survey findings presentation from FM3 Research on a potential local cannabis tax measure that Council could choose to include on the November 2024 ballot and provide additional direction as appropriate. Richard Bernard, FM3 Research and Devon Jones, Economic Development Director, provided the survey findings from FM3 Research for a potential local cannabis tax measure. The Council could choose to include the measure on the November 2024 ballot and provide additional direction as appropriate. On July 17, 2023, Council authorized staff to hire a consultant through a sole source contract process to assist with the preparation of a potential local sales tax measure specifically for cannabis sales for the 2024 general election. On November 6, 2023, Council authorized the City Manager to award a contract to HdL Companies for an amount not to exceed $35,000, with a total budget of $40,000, and a contract to Fairbank, Maslin, Maullin, Metz & Associates (FM3 Research) for an amount not to exceed $39,500, with a total budget of $45,000, and appropriate $85,000 from the General Fund. The proposed measure to tax cannabis businesses in Visalia appears viable for November 2024. The measure receives broad and consistent support among the electorate, regardless of whether or not a state mandate is mentioned in the ballot language. Although many are uncertain about whether it is legal or not to sell cannabis in Visalia, majorities support allowing cannabis business activity. Additionally, nearly three-quarters perceive a need for funding for city services. ia, spoke about the cannabis and the promises made to cities about the revenues. CAnnabis is a difficult business. Mr. Jacquez suggested giving the money to emergency response teams. 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, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn Absent: Brett Taylor ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session) The meeting adjourned to Closed Session at 4:52 p.m. CALL TO ORDER REGULAR SESSION - 7:00 PM The meeting was called to order at 7:00 p.m. Page 3 of 7 Visalia City Council Meeting Minutes - Final May 6, 2024 PLEDGE OF ALLEGIANCE INVOCATION ITEMS OF INTEREST SPECIAL PRESENTATION / RECOGNITION 1. City of Visalia designate May 2024 as Historic Preservation 24-0123 Month 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. The following citizens spoke regarding the mural request application from the Urbanist Collective for one mural located on the south-facing facade of the retail building located at 1500 W. Houston Avenue. Reggie Gamboa, Gabriella Vaca, Dr. Randy Villegas, Grace Buckley, Makayla Gauley, Diego Vaquez Cisneros, Ann Solis, Annaleese Lira, April Lancaster. Lindell Yoshimura, Visalia spoke regarding the Lovers Lane 198 intersection and the traffic impact at that intersection. When is the intersection going to be approved to be upgraded? The Mayor referred Mr. Yoshimura to Jason Huckleberry. Jim Reeves, Visalia, announced the 8th anniversary of the LGBT+ Source Center. The Center has outgrown the 4500 square feet space they have now and are the largest Source Center from Sacramento to Los Angeles. The Source has county and state contracts to serve the youth. 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 Council Member Emmanuel Hernandez Soto, to approve the Consent Calendar except item 2 to be pulled and discussed by separate motion. The motion carried by the following vote: Page 4 of 7 Visalia City Council Meeting Minutes - Final May 6, 2024 Aye: Brian Poochigian, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn Absent: Brett Taylor 1. Authorization to read ordinances by title only. 24-0071 2. Mural Request - Consideration of a mural application request 24-0082 from Urbanists Collective for one mural located on the south-facing façade of the retail building located at 1500 West Houston Avenue (northwest corner of Houston Avenue and Rinaldi Street). Paul Bernal, Community Development, was available to answer Council questions. A motion was made by Council Member Steve Nelsen, seconded by Council Member Emmanuel Hernandez Soto, to approve as recommended. The motion carried by the following vote: Aye: Brian Poochigian, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn Absent: Brett Taylor 3. Change Order Approval -Approve Change Order No. 1 in the 24-0084 amount of $196,619 to Cummins Pacific and appropriate $200,000 for repairs and maintenance from the WWTP Fund. 4. Landscape & Lighting District Actions - Request authorization to 24-0104 initiate proceedings and order the dissolution of Landscape and Lighting Assessment District No. 07-06 “Parcel Map 0609”; and authorization for the formation, ordering the improvements, and levying the annual assessments for Landscape and Lighting Assessment District No. 23-04 “Renewed Parcel Map 0609” (Resolution Nos. 2024-15, 2024-16, 2024-17 and 2024-18) 5. Asset Works Fleet Focus Software - Authorize the City Manager 24-0128 to amend the current 5-year contract with Asset Works for the annual maintenance and support of fleet software for a 5-year total contract of $133,162. 6. Residential Solid Waste Container Purchase Contract - 24-0136 Authorization for the City Manager to award a 5-year sole source contract to Toter, LLC in the amount not to exceed $1,550,000 to purchase solid waste containers. Page 5 of 7 Visalia City Council Meeting Minutes - Final May 6, 2024 7. 2024 Election Consolidation Authorization - Adoption of 24-0150 resolutions relating to the regular municipal election to be held on Tuesday, November 5, 2024. Resolutions request and consent to the consolidation of elections and set specifications of the election order; and request the Tulare County Board of Supervisors to permit the County Registrar of Voters to render specified election related services to the City of Visalia. (Resolution 2024-13 and Resolution 2024-14 required) 8. Approval of a single exemption for alcohol consumption at 24-0152 Riverway Sports Park - Authorize City Manager to grant a single use exemption for the issuance of an alcohol permit for alcohol consumption at Riverway Sports Park for a City of Visalia sponsored Independence Spectacular community special event. 9. Authorize the City Manager to enter into a contract with Brown 24-0157 Armstrong Accountancy Corporation (Brown Armstrong) for a not to exceed amount of $356,500 as the City’s independent financial auditor. 10. Purchase Contract - Authorize and award a purchase contract to 24-0174 Proper Performance, located in New Wilmington, PA to purchase four 2023 Dodge Ram two-wheel drive pick-up trucks and one Dodge Ram four-wheel drive pick-up truck in the amount of $235,740.40 using funding from the American Rescue Plan Act. 11. Low Carbon Transit Operations Allocation Request - 24-0164 Authorization to submit an allocation request in the amount of $443,302 to the California Department of Transportation Low Carbon Transit Operations Program for operating funds to continue funding V-LINE operations and approve funds to be appropriated when grant funds are awarded (Resolution No.2024-19 required). 12. Authorization to Apply for a Wellness Grant: Confirm the 24-0154 application submittal by the Visalia Police Department for the Law Enforcement Mental Health Wellness Act Grant for a maximum amount of $200,000. 13. Police Officers Contract - Authorize the City Manager to execute 24-0169 the Memorandum of Understanding by and between the City of Visalia and the Visalia Police Officers Association (Group B) for the period July 1, 2024, through June 30, 2027. 14. Adjust the Not To Exceed amount on Trillium Contract. Authorize 24-0155 staff to adjust the contract terms from the not to exceed $150,000 annually previously approved by the City Council up to and not to exceed $350,000 annually. Page 6 of 7 Visalia City Council Meeting Minutes - Final May 6, 2024 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. CLOSED SESSION REPORT ADJOURNMENT The meeting was adjourned at 7:40 p.m. UPCOMING CITY COUNCIL MEETINGS Monday, May 20, 2024 at 7:00 p.m. @ 707 W. Acequia 24-0112 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 email: Michelle.Nicholson@Visalia.city or call 713-4512. 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 7 of 7

Agenda

Visalia City Council Visalia City Council 707 W. Acequia Visalia, CA 93291 Visalia City Council Meeting Agenda - Final Brian Poochigian, Mayor Brett Taylor, Vice Mayor Steve Nelsen, Council Member Emmanuel Hernandez Soto, Council Member Liz Wynn, Council Member Monday, May 6, 2024 7:00 PM 707 W. Acequia ROLL CALL CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted) 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. Capital Improvement Program - Review FY 2024/25 and 2025/26 24-0153 Capital Improvement Program (CIP) Budget for Narcotics Forfeiture Fund (621) 2. Review and discuss the proposed Fiscal Year 2024/25 & 25/26 24-0156 Measure N Budget and continue with the amended expenditure plan previously approved. 3. Survey Findings Update on Potential Cannabis Tax - Receive 24-0160 the staff report and survey findings presentation from FM3 Research on a potential local cannabis tax measure that Council could choose to include on the November 2024 ballot and provide additional direction as appropriate. ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session) CALL TO ORDER REGULAR SESSION - 7:00 PM PLEDGE OF ALLEGIANCE Page 1 of 4 Visalia City Council Meeting Agenda - Final May 6, 2024 INVOCATION ITEMS OF INTEREST SPECIAL PRESENTATION / RECOGNITION 1. City of Visalia designate May 2024 as Historic Preservation Month 24-0123 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. 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. 1. Authorization to read ordinances by title only. 24-0071 2. Mural Request - Consideration of a mural application request from 24-0082 Urbanists Collective for one mural located on the south-facing façade of the retail building located at 1500 West Houston Avenue (northwest corner of Houston Avenue and Rinaldi Street). 3. Change Order Approval -Approve Change Order No. 1 in the 24-0084 amount of $196,619 to Cummins Pacific and appropriate $200,000 for repairs and maintenance from the WWTP Fund. 4. Landscape & Lighting District Actions - Request authorization to 24-0104 initiate proceedings and order the dissolution of Landscape and Lighting Assessment District No. 07-06 “Parcel Map 0609”; and authorization for the formation, ordering the improvements, and levying the annual assessments for Landscape and Lighting Assessment District No. 23-04 “Renewed Parcel Map 0609” (Resolution Nos. 2024-15, 2024-16, 2024-17 and 2024-18) Page 2 of 4 Visalia City Council Meeting Agenda - Final May 6, 2024 5. Asset Works Fleet Focus Software - Authorize the City Manager 24-0128 to amend the current 5-year contract with Asset Works for the annual maintenance and support of fleet software for a 5-year total contract of $133,162. 6. Residential Solid Waste Container Purchase Contract - 24-0136 Authorization for the City Manager to award a 5-year sole source contract to Toter, LLC in the amount not to exceed $1,550,000 to purchase solid waste containers. 7. 2024 Election Consolidation Authorization - Adoption of 24-0150 resolutions relating to the regular municipal election to be held on Tuesday, November 5, 2024. Resolutions request and consent to the consolidation of elections and set specifications of the election order; and request the Tulare County Board of Supervisors to permit the County Registrar of Voters to render specified election related services to the City of Visalia. (Resolution 2024-13 and Resolution 2024-14 required) 8. Approval of a single exemption for alcohol consumption at 24-0152 Riverway Sports Park - Authorize City Manager to grant a single use exemption for the issuance of an alcohol permit for alcohol consumption at Riverway Sports Park for a City of Visalia sponsored Independence Spectacular community special event. 9. Authorize the City Manager to enter into a contract with Brown 24-0157 Armstrong Accountancy Corporation (Brown Armstrong) for a not to exceed amount of $356,500 as the City’s independent financial auditor. 10. Purchase Contract - Authorize and award a purchase contract to 24-0174 Proper Performance, located in New Wilmington, PA to purchase four 2023 Dodge Ram two-wheel drive pick-up trucks and one Dodge Ram four-wheel drive pick-up truck in the amount of $235,740.40 using funding from the American Rescue Plan Act. 11. Low Carbon Transit Operations Allocation Request - 24-0164 Authorization to submit an allocation request in the amount of $443,302 to the California Department of Transportation Low Carbon Transit Operations Program for operating funds to continue funding V-LINE operations and approve funds to be appropriated when grant funds are awarded (Resolution No.2024-19 required). 12. Authorization to Apply for a Wellness Grant: Confirm the 24-0154 application submittal by the Visalia Police Department for the Law Enforcement Mental Health Wellness Act Grant for a maximum amount of $200,000. Page 3 of 4 Visalia City Council Meeting Agenda - Final May 6, 2024 13. Police Officers Contract - Authorize the City Manager to execute 24-0169 the Memorandum of Understanding by and between the City of Visalia and the Visalia Police Officers Association (Group B) for the period July 1, 2024, through June 30, 2027. 14. Adjust the Not To Exceed amount on Trillium Contract. 24-0155 Authorize staff to adjust the contract terms from the not to exceed $150,000 annually previously approved by the City Council up to and not to exceed $350,000 annually. 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. CLOSED SESSION REPORT ADJOURNMENT UPCOMING CITY COUNCIL MEETINGS Monday, May 20, 2024 at 7:00 p.m. @ 707 W. Acequia 24-0112 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 email: Michelle.Nicholson@Visalia.city or call 713-4512. 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 4 of 4

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