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Visalia City Council

Regular Meeting

Visalia, CA · May 20, 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 20, 2024 7:00 PM 707 W. Acequia 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. Jim Reeves, Visalia, spoke regarding the 8th anniversary of the Source LGBT+ Center. Mr. Reeves stated there have been several thousand individuals positively impacted by the Source and their offerings. WORK SESSION AND ACTION ITEMS (as described) Page 1 of 9 Visalia City Council Meeting Minutes - Final May 20, 2024 1. Presentation for possible tax measure - Receive initial 24-0161 presentation from HdL Companies on a possible local cannabis tax measure on the November 2024 ballot. Devon Jones, Economic Development Manager, and Mark Lovelace, Senior Policy Advisor, HdL Companies provided the overview of the HdL consulting firm showing support for a ballot initiative. The Council received the survey findings at the last meeting showing the potential local cannabis tax measure may pass on the November 2024 ballot. HdL was hired to assist with the development of a local cannabis tax measure, including drafting of the ordinance, preparation of the ballot resolution, revenue estimates, and assistance with the ballot statement. HdL is conducting their initial presentation to Council this evening to gather input in order for staff to bring back an ordinance for City Council consideration. The local tax measure would not be proposing to legalize other types of cannabis sales, the tax would only authorize the City of Visalia to collect additional tax revenue from cannabis sales that state law has authorized to be conducted in Visalia or if the City Council, at a later date, decided to allow cannabis sales. There is no obligation for the city to move forward with the cannabis business even if it is approved. 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, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn 2. Graffiti Ordinance - Consideration of and direction on initiating 24-0126 potential Municipal Code updates to Visalia Municipal Code Chapter 9.16 Graffiti. Tracy Robertshaw, Neighborhood Preservation Manager and Paul Bernal, Community Development Director, provided the report to Council. A recent review of Visalia Municipal Code Chapter 9.16 “Graffiti” determined that the ordinance is in need of revisions that require corrections to various portions of this chapter. The summary of the sections that require necessary revisions are listed in the staff report. 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, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn Page 2 of 9 Visalia City Council Meeting Minutes - Final May 20, 2024 3. Presentation of Solid Waste Divisions - Presentation of all Solid 24-0187 Waste Divisions pertaining to historical background, service and logistics, and new laws and technology. Jason Serpa, Public Works Manager, and Nick Bartsch, Public Works Director, provided the history of the Solid Waste Department. No motion required. ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session) The meeting adjourned to Closed Session at 5:42 p.m. CALL TO ORDER REGULAR SESSION - 7:00 PM PLEDGE OF ALLEGIANCE MOMENT OF SILENCE: In Remembrance of Former City Council Member, Berkley R. Johnson. ITEMS OF INTEREST The Council commented on various activities they participated in the last few weeks. SPECIAL PRESENTATION / RECOGNITION 1. Proclaim May 19 - 25, 2024 as National Public Works Week in 24-0147 the City of Visalia. PUBLIC COMMENTS Page 3 of 9 Visalia City Council Meeting Minutes - Final May 20, 2024 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. Brian Thoburn, SCE, presented $50,000 to the 2024 Edison Scholar recipient, Adam Hacker, Redwood High School Senior. David Winter, Visalia, asked about the expansion of Shirk Road and when will the citizens be notified of the project. Irene Lapin, Visalia, spoke about the population and growth of the city, noise, and speeding through neighborhoods. Possible use of the Next Door app is a good way learn about the problems. Ms. Lapin would also like to see the return of the Council strategic planning sessions. Amanda, Visalia, spoke about basketball hoops in the streets. She is receiving conflicting information from Code Enforcement and would like clarification. There have been multiple cars cited in her neighborhood for being parked the wrong way. Why is CE being so strict now? Michelle Kenner, Visalia spoke about the bike lanes. Is there anyway we can make people use their blinkers? She is concerned about speeders, especially on County Center. Kathy French, Visalia, spoke about the condition of St. Johns Parkway and how bad it looks. 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 Consent Calendar except items 5 and 12 to be discussed and voted on by separate motion. 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. 24-0110 Page 4 of 9 Visalia City Council Meeting Minutes - Final May 20, 2024 2. Award Landscape Contract - Authorize the City Manager to 24-0114 award the Landscape & Irrigation Construction contract, to Quality Landscape Construction Inc., in the amount of $672,656.45 for Groundwater Recharge Basin G at the East Side Regional Park. 3. Consider appointments to the Parks and Recreation 24-0158 Commission: Appointment of two candidates, Nancy Hawkins and Kaitlyn Lusk, as recommended by the Parks and Recreation Commission. 4. Amendment to Caltrans Clean California Agreement - Authorize 24-0165 the City Manager to execute an amendment to extend the current Clean California State Initiative Grant agreement with Caltrans by one (1) year through June 30, 2025, to allow for the expenditure of remaining funds available in the amount of $220,944.50. 5. ATP Grant Applications - Authorize the City Manager to submit 24-0166 funding applications for the Active Transportation Program Cycle 7 to the California Transportation Commission for multiple proposed capital improvement projects. A motion was made by Council Member Emmanuel Hernandez Soto, seconded by Council Member Steve Nelsen, to approve as recommended. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn 6. Amendment to CSET Clean California Contract - Authorize the 24-0172 City Manager to execute an amendment to extend the current subcontracted Clean California State Initiative Grant agreement with CSET by one (1) year through June 30, 2025, to allow for the expenditure of remaining funds available in the amount of $220,944.50. 7. Lisendra Heights Landscape and Lighting District - Authorize the 24-0176 City Manager to appropriate funding and award a landscape enhancement project to Brightview Landscape for an amount not to exceed of $125,309. 8. Appointment to the Tulare Mosquito Abatement District - 24-0178 Appointment of Charles Mayer as the Visalia representative on the Tulare Mosquito Abatement District Board of Trustees for a two-year term ending June 30, 2026. Page 5 of 9 Visalia City Council Meeting Minutes - Final May 20, 2024 9. Authorization to Award a Contract for Phlebotomy and 24-0184 Alcohol/Drug Screening Services - Authorize the City Manager to award a sole source contract for phlebotomy and alcohol/drug screening services for the Visalia Police Department with Adventist Health Tulare, Adventist Health Toxicology located in Tulare, CA, for an annual amount not to exceed $60,00 a year and a 5-year contract total amount not to exceed $300,000. 10. Resolution Approving Grant for Vehicles - Authorize the adoption 24-0186 of Resolution No. 2024-22 approving the application accepting the requirements set forth by the San Joaquin Valley Air Pollution Control District Public Benefit Grants Program for alternative fuel vehicles. 11. Approve Tentative Agreements - 1)Authorize the City Manager to 24-0201 execute the Memorandum of Understanding by and between the City of Visalia and Miscellaneous Supervisors and Managers (Group E) for the period of July 1, 2024 through June 30, 2027; 2) Authorize the City Manager to execute the Memorandum of Understanding by and between the City of Visalia and Miscellaneous Employees (Group M) for the period of July 1, 2024 through June 30, 2027; 3) Authorize changes to terms and conditions of employment by and between the City of Visalia and employees in the Unrepresented Confidential and Department Head groups. 12. Request to add Consent item by Council - Request by several 24-0203 Council Members to approve adding an agenda item to the June 3, 2024 agenda for discussion and potential direction regarding the new City of Visalia logo. Leslie Caviglia, City Manager, read a statement regarding the new city logo and brand refresh. The following citizens spoke regarding the new city logo: April Lancaster, Rita Verde, Grace Jepson, Cecil Lopez, Efrain Becerra, Felix Barrientos, Kathy French, Sandra Sterett, David Winter, Michelle Kenner, Maria Guillen, Annie Silva. A motion was made by Vice Mayor Brett Taylor, seconded by Council Member Steve Nelsen, to approve. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn 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 9 Visalia City Council Meeting Minutes - Final May 20, 2024 1. Measure N Public Hearing: Conduct the first of two public 24-0171 hearings on the proposed Fiscal Years 2024/25 and 2025/26 Measure N budget. Amee Swearingen, Financial Analyst, provided the overview of the proposed plan amending the Measure N budget for Fiscal Years 2024/25 and 2025/26. 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. The measure uses a detailed, 10-year plan which includes hiring of personnel, construction of capital projects and equipment purchases. The public hearing was opened at 8:17 p.m. and closed. There were no public comments. No motion required. Page 7 of 9 Visalia City Council Meeting Minutes - Final May 20, 2024 2. Annexation No. 2023-01 (Shirk-Riggin SW): Public hearing to 24-0179 consider the following actions related to an Annexation into the Visalia City limits, located at the southwest corner of North Shirk Street and West Riggin Avenue within the jurisdiction of the County of Tulare (APN: 077-200-057, 058, 059, 060): 1. Adopt Initial Study / Mitigated Negative Declaration No. 2024- 24 for Annexation No. 2023-01 (Resolution No. 2024-20 required); and 2. Initiation of Proceedings for Annexation No. 2023-01, a request by YS Clancy Riggins to annex four parcels and right-of-way totaling approximately 80.61 acres into the Visalia City Limits (Resolution No. 2024-21 required); 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. Brandon Smith, Principal Planner, provided the report to Council. YS Clancy Riggins, LLC, the property owners of four contiguous parcels totaling 75 acres, has filed an application with the City of Visalia to initiate annexation. The applicant has not proposed any specific use of the property at this time, but desires to annex the property in anticipation that the site will be utilized for industrial-type development in accordance with the General Plan land use designation and pre-zoning designation of Industrial and Light Industrial for this site. No formal development entitlements or building permits have been filed for the project site at this time. The Planning Commission found the request to be consistent with the General Plan. The environmental CEQA Review was performed. The third letter was received an noted as late correspondence and the mitigated negative declaration is appropriate. The property is zoned for industrial use. There are no provisions in the ordinance in relation to the industrial annexation. Jim Koontz, City Attorney, stated the access points are unknown and the annexation is consistent with the General Plan. The public hearing was opened at 8:40 p.m. Eddie Torres, Laborers International Union Of North America Local 294, spoke in opposition of the Shirk Road and Riggin annexation project due to several environmental impacts. They join in the comments provided by the Golden State Environmental Justice Alliance, Blum Collins, and Local Carpenters Local 1109. Sergio Jimenez, field representative for Local Carpenters Union 1109 spoke in opposition of the Shirk Road and Riggin annexation project. The Council should not approve the annexation until the proper studies have been conducted . The public hearing was closed. 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 Page 8 of 9 Visalia City Council Meeting Minutes - Final May 20, 2024 vote: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Liz Wynn No: Emmanuel Hernandez Soto CLOSED SESSION REPORT ADJOURNMENT The meeting was adjourned at 8:42 p.m. UPCOMING CITY COUNCIL MEETINGS 1. Upcoming City Council Meetings: 24-0205 Monday, June 03, 2024 @ 7:00 p.m. at Visalia Convention Center - 303 E. Acequia Monday, June 17, 2024 @ 7:00 p.m. at City Hall West - 707 W. Acequia If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, to discuss your accessibility needs: 559-713-4512 or email at Michelle.Nicholson@visalia.city <mailto:Michelle.Nicholson@visalia.city> Page 9 of 9

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 20, 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. Presentation for possible tax measure - Receive initial 24-0161 presentation from HdL Companies on a possible local cannabis tax measure on the November 2024 ballot. 2. Graffiti Ordinance - Consideration of and direction on initiating 24-0126 potential Municipal Code updates to Visalia Municipal Code Chapter 9.16 Graffiti. 3. Presentation of Solid Waste Divisions - Presentation of all Solid 24-0187 Waste Divisions pertaining to historical background, service and logistics, and new laws and technology. ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session) CALL TO ORDER REGULAR SESSION - 7:00 PM PLEDGE OF ALLEGIANCE MOMENT OF SILENCE: In Remembrance of Former City Council Member, Berkley R. Johnson. Page 1 of 4 Visalia City Council Meeting Agenda - Final May 20, 2024 ITEMS OF INTEREST SPECIAL PRESENTATION / RECOGNITION 1. Proclaim May 19 - 25, 2024 as National Public Works Week in the 24-0147 City of Visalia. 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. 24-0110 2. Award Landscape Contract - Authorize the City Manager to 24-0114 award the Landscape & Irrigation Construction contract, to Quality Landscape Construction Inc., in the amount of $672,656.45 for Groundwater Recharge Basin G at the East Side Regional Park. 3. Consider appointments to the Parks and Recreation 24-0158 Commission: Appointment of two candidates, Nancy Hawkins and Kaitlyn Lusk, as recommended by the Parks and Recreation Commission. 4. Amendment to Caltrans Clean California Agreement - Authorize 24-0165 the City Manager to execute an amendment to extend the current Clean California State Initiative Grant agreement with Caltrans by one (1) year through June 30, 2025, to allow for the expenditure of remaining funds available in the amount of $220,944.50. 5. ATP Grant Applications - Authorize the City Manager to submit 24-0166 funding applications for the Active Transportation Program Cycle 7 to the California Transportation Commission for multiple proposed capital improvement projects. Page 2 of 4 Visalia City Council Meeting Agenda - Final May 20, 2024 6. Amendment to CSET Clean California Contract - Authorize the 24-0172 City Manager to execute an amendment to extend the current subcontracted Clean California State Initiative Grant agreement with CSET by one (1) year through June 30, 2025, to allow for the expenditure of remaining funds available in the amount of $220,944.50. 7. Lisendra Heights Landscape and Lighting District - Authorize the City 24-0176 Manager to appropriate funding and award a landscape enhancement project to Brightview Landscape for an amount not to exceed of $125,309. 8. Appointment to the Tulare Mosquito Abatement District - 24-0178 Appointment of Charles Mayer as the Visalia representative on the Tulare Mosquito Abatement District Board of Trustees for a two-year term ending June 30, 2026. 9. Authorization to Award a Contract for Phlebotomy and 24-0184 Alcohol/Drug Screening Services - Authorize the City Manager to award a sole source contract for phlebotomy and alcohol/drug screening services for the Visalia Police Department with Adventist Health Tulare, Adventist Health Toxicology located in Tulare, CA, for an annual amount not to exceed $60,00 a year and a 5-year contract total amount not to exceed $300,000. 10. Resolution Approving Grant for Vehicles - Authorize the adoption of 24-0186 Resolution No. 2024-22 approving the application accepting the requirements set forth by the San Joaquin Valley Air Pollution Control District Public Benefit Grants Program for alternative fuel vehicles. 11. Approve Tentative Agreements - 1)Authorize the City Manager to 24-0201 execute the Memorandum of Understanding by and between the City of Visalia and Miscellaneous Supervisors and Managers (Group E) for the period of July 1, 2024 through June 30, 2027; 2) Authorize the City Manager to execute the Memorandum of Understanding by and between the City of Visalia and Miscellaneous Employees (Group M) for the period of July 1, 2024 through June 30, 2027; 3) Authorize changes to terms and conditions of employment by and between the City of Visalia and employees in the Unrepresented Confidential and Department Head groups. 12. Request to add Consent item by Council - Request by several 24-0203 Council Members to approve adding an agenda item to the June 3, 2024 agenda for discussion and potential direction regarding the new City of Visalia logo. REGULAR ITEMS AND PUBLIC HEARINGS Page 3 of 4 Visalia City Council Meeting Agenda - Final May 20, 2024 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. Measure N Public Hearing: Conduct the first of two public 24-0171 hearings on the proposed Fiscal Years 2024/25 and 2025/26 Measure N budget. 2. Annexation No. 2023-01 (Shirk-Riggin SW): Public hearing to 24-0179 consider the following actions related to an Annexation into the Visalia City limits, located at the southwest corner of North Shirk Street and West Riggin Avenue within the jurisdiction of the County of Tulare (APN: 077-200-057, 058, 059, 060): 1. Adopt Initial Study / Mitigated Negative Declaration No. 2024 -24 for Annexation No. 2023-01 (Resolution No. 2024-20 required); and 2. Initiation of Proceedings for Annexation No. 2023-01, a request by YS Clancy Riggins to annex four parcels and right-of-way totaling approximately 80.61 acres into the Visalia City Limits (Resolution No. 2024-21 required); 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. CLOSED SESSION REPORT ADJOURNMENT UPCOMING CITY COUNCIL MEETINGS 1. Upcoming City Council Meetings: 24-0205 Monday, June 03, 2024 @ 7:00 p.m. at Visalia Convention Center - 303 E. Acequia Monday, June 17, 2024 @ 7:00 p.m. at City Hall West - 707 W. Acequia If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, to discuss your accessibility needs: 559-713-4512 or email at Michelle.Nicholson@visalia.city <mailto:Michelle.Nicholson@visalia.city> Page 4 of 4

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