Visalia City Council

Visalia City Council Visalia City Council 303 E. 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, June 3, 2024 7:00 PM Visalia Convention Center Visalia Convention Center - 303 E. 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 4:01 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. April Lancaster, Visalia, spoke regarding the Downtown Visalians Board. WORK SESSION AND ACTION ITEMS (as described) 1. Fiscal Year 2024/25 and 2025/26 Proposed Budget - Receive 24-0209 and discuss the proposed 2024/25 and 2025/26 budget. Renee Nagel, Finance and Technology Director, provided the proposed budget to Council. Staff will return to Council on June 17, 2024 to request approval and adoption of the proposed budget. Page 1 of 13 Visalia City Council Meeting Minutes - Final June 3, 2024 2. Fiscal Year 2024-25 Rates and Fees - Receive, review, and 24-0020 discuss proposed new fees, increases, and adjustments to the City’s Rates and Fees Schedule for Fiscal Year 2024-25. Jana Ferguson, Financial Analyst, presented the proposed 24/25 Rates and Fees report for Council review. Staff will return to Council on June 17, 2024 for final Council approval. The following citizens provided comment: April Lancaster and Matt Hendrick 3. Downtown Visalia Property and Business improvement District 24-0115 (DTVPBID) Annual Report - Receive the 2024 Annual Operations Report for the DTVPBID and Approve DTVPBID 2% assessment increase for the 2024/25 tax roll. Council Member Nelsen recused himself on item 3 and left the dais. Melody Murch, Assistant Finance Director, and Steve Nelsen, DTV Executive Director, provided the report to Council regarding the Property and Business Improvement District (DTVPBID) assessment district. 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. 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, Liz Wynn Recused: Steve Nelsen Page 2 of 13 Visalia City Council Meeting Minutes - Final June 3, 2024 4. Town-Center Business Improvement Area (TCBIA) Annual 24-0116 Report - Accept and approve the Annual TCBIA Report, and renew the TCBIA Management Agreement with Downtown Visalians, Inc. Council Member Steve Nelsen, self-recused on item 4. Melody Murch, Assistant Finance Director and Steve Nelsen, DTV Executive Director, provided the Town-Center Business Improvement Area (TCBIA) Annual Report and requested for Council to accept and approve the TCBIA Management Agreement with Downtown Visalians, Inc. Business owners located in the Town-Center Business Improvement Area (TCBIA) have 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 submission 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 Calendar Year 2023 Report which was submitted to the City for review on May 8, 2024. The following citizens provided comment: Michelle Kenner April Lancaster Lipka Dawn Dewayne Rodriguez 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, Liz Wynn Recused: Steve Nelsen ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session) The meeting adjourned to Closed Session at 5:40 p.m. Page 3 of 13 Visalia City Council Meeting Minutes - Final June 3, 2024 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 Page 4 of 13 Visalia City Council Meeting Minutes - Final June 3, 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. The following citizens provided public comment: Jim Reeves, Irene Lapin, Stephanie Heiser, Anna Madrigal Garcia, Alma Arias, Mary Jane Galviso, Alyssa Moleso, Taylor, Arthur Ogawa, Maria Guillen, James Alves, Raul Garcia, Rick Miller, Don Manro, Tony Dias, April Lancaster, Wayne Girard, Leslie Daggett. PUBLIC HEARING - Landscape and Lighting District - Results will be announced during the regular portion of the meeting. Page 5 of 13 Visalia City Council Meeting Minutes - Final June 3, 2024 1. PUBLIC HEARING - To receive ballots and public testimony on 24-0211 proposed funding changes/assessment increases for 2024/25 of the Marseille Landscape and Lighting Maintenance Assessment District (LLMAD) in the City of Visalia. Alvin Dias, Parks & Building Manager, and Azalia Chavez, Financial Analyst provided an overview of the Marseille proposed increase to the Landscape & Lighting funds and requested for Council to hold a public hearing, and direct staff to count the ballots. The public hearing was opened at 8:05 p.m. and closed. There were no public comments. *Staff provided the Mayor with the ballot results during the regular portion of the meeting. The majority (44) of the ballot votes were to reject the increase. There were 22 ballot votes counted to allow the assessment increase. 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 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. 4 (SN) 8 (BT) A motion was made by Council Member Steve Nelsen, seconded by Council Member Liz Wynn, to approve the Consent Calendar. 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. 24-0214 2. Authorization to Enter into a Sole Source for Sexual Assault 24-0188 Forensic Exams - Authorize the City Manager to enter into a sole source Professional Services Agreement with Central Valley Forensic Nursing Specialist under the ownership and direction of Heather McCoy, Registered Nurse, for sexual assault forensic (SART) exams effective July 1, 2024. Contract to renew annually for up to five years and is not to exceed $55,000 a year. Page 6 of 13 Visalia City Council Meeting Minutes - Final June 3, 2024 3. Award & Appropriation of Funds for Fiber Optic Interconnect 24-0183 Improvements: Authorize the City Manager to award the construction contract with MP Next Level for RFB 23-24-15, Fiber Optic Interconnect Improvements: Ben Maddox Way, Demaree Street, and Houston Avenue in the amount of $1,110,181.30; authorize additional appropriations of funds; and authorize amendment of the Measure R Supplemental Agreement. 4. Renewal authorization for the ECO Transitional Jobs Program - 24-0190 Authorization for the City Manager to approve an agreement with the Workforce Investment Board of Tulare County to continue the Environmental Clean-Up Opportunities (ECO) Transitional Jobs Program through FY 2024/2025 in the amount of $245,000 from the Solid Waste Enterprise Fund. Jason Serpa, Public Works Manager, was available to answer Council questions. A motion was made by Council Member Steve Nelsen, seconded by Council Member Emmanuel Hernandez Soto, to approve. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn 5. Authorize Shade Structure Contract for Recreation Park - 24-0192 Authorize the City Manager to award playground shade structure design & installation services at Recreation Park to Zoom Recreation, Inc. of Irvine, CA, for an amount not to exceed of $241,783.00. 6. Selection of Nominee for Transit Representative to TCAG - It is 24-0223 recommended that the Visalia City Council vote for Liz Wynn to serve as the Transit Representative to the Tulare County Association of Governments from July 1, 2024 through June 30, 2027. 7. Service Agreement - Authorization to execute annual service 24-0163 agreement with Visalia Economic Development Corporation for $60,000 for FY 2024/25 with the option of four annual extensions. Page 7 of 13 Visalia City Council Meeting Minutes - Final June 3, 2024 8. Authorize shade structure contract for Provident Skate Park - 24-0193 Authorize the City Manager to award playground shade structure design & installation services at Provident Skate Park to Zoom Recreation of Irvine for an amount not to exceed of $327,353.00. Alvin Dias, Parks & Facilities Manager, answered Council questions. Vice Mayor Taylor would like to see the installation of the shade structures at the parks as high priority. There were no public comments. 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 9. Approve shade structure contract for Village Park - Authorize the 24-0194 City Manager to award playground shade structure design & installation services at Village Park to Bakersfield Paving of Bakersfield for an amount not to exceed of $98,703.00. 10. Authorize shade structure contract for Houk Park - Authorize the 24-0195 City Manager to award playground shade structure design & installation services at Houk Park to Zoom Recreation of Irvine for an amount not to exceed of $156,921.00. 11. Authorize shade structure contract for Whitendale Park - 24-0196 Authorize the City Manager to award playground shade structure design & installation services at Whitendale Park to Bakersfield Paving of Bakersfield for an amount not to exceed of $119,705.00. 12. Authorize shade structure contract for Stonebrook Park - 24-0197 Authorize the City Manager to award playground shade structure design & installation services at Stonebrook Park to Bakersfield Paving of Bakersfield for an amount not to exceed of $139,573.00. 13. Authorize shade structure contract for Sunset Park - Authorize 24-0198 the City Manager to award playground shade structure design & installation services at Sunset Park to Bakersfield Paving of Bakersfield for an amount not to exceed of $151,040.00. 14. Cooperative Agreement for Reimbursement with the County of 24-0218 Tulare - Authorize the City Manager to execute a Cooperative Agreement for Reimbursement with the County of Tulare for the installation of a sewer main in Avenue 280 (Caldwell Avenue) from Lovers Lane (Rd. 140) to Rd. 144 and the appropriation of $535,000 from the Wastewater Trunkline Fund (231). Page 8 of 13 Visalia City Council Meeting Minutes - Final June 3, 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. 1. PUBLIC HEARING and Adoption of Resolution 2024-12 which 24-0159 allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for Curb and Gutter, Sewer Connection, Deferred Impact Fees, Property and Business Improvement District, Northeast Improvement District, Landscape and Lighting Maintenance District, Landscape and Lighting Parks Construction, Open Space Assessment District, Orchard Walk East/West Utility Assessment District, Laura and Atwood Water Main Assessment District, Delinquent Utilities, Code Enforcement, and Weed & Lot Abatement. Ruth Pena, Financial Analyst, requested for Council to conduct a public hearing to allow individuals an opportunity to protest any charges they believe are being assessed improperly. After holding the Public Hearing, adopt Resolution 2024-12 which allows the City of Visalia to place Miscellaneous Special Assessments on the Tulare County secured property tax roll for collection. The public hearing was opened at 8:21 p.m. and closed at 8:36 p.m. The following citizens contested or commented: Don Cellio sent in a written protest Leslie Daggett for Catalina Daggett Rosalind Price Tony Dias Dennis Santillanez April Lancaster asked if the tax notice was legal. Staff will return to the June 17, 2024 Council meeting to follow up on the contested items. A motion was made by Council Member Liz Wynn, 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 Page 9 of 13 Visalia City Council Meeting Minutes - Final June 3, 2024 2. Ordinance Adoption – Public Hearing and first reading of 24-0199 Ordinance No. 2024-06, adding Chapter 3.14 (Cannabis Business Tax) to Title 3 of the Visalia Municipal Code to establish a tax on cannabis business activities within the city, and adopt Resolution 2024-24 to place a cannabis tax measure on the November 2024 general election ballot. Devon Jones, Economic Development Manager and Jim Koontz, Assistant City Attorney provided the report to Council. Staff requested for Council to hold a public hearing and the conduct the first reading of Ordinance No. 2024-06, adding Chapter 3.14 (Cannabis Business Tax) to Title 3 of the Visalia Municipal Code to establish a tax on cannabis business activities within the city, and adopt Resolution 2024-24 to place a cannabis tax measure on the November 2024 general election ballot. The public hearing was opened at 8:49 p.m. and closed. There were no public comments. A motion was made by Vice Mayor Brett Taylor, seconded by Council Member Emmanuel Hernandez Soto, to approve. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn 3. Measure N Public Hearing: Conduct the second of two public 24-0208 hearings on the proposed Fiscal Years 2024/25 and 2025/26 Measure N budget. Renee Nagel, Finance and Technology Director, provided the report and requested Council to open the public hearing for the second reading of the proposed Fiscal Year 24/25 and 25/26 Measure N budget. The public hearing was opened at 9:06 p.m. and closed at 9:07 p.m. David Winters, asked for confirmation that if passed this will not reduce the current allocations in the General Fund. Page 10 of 13 Visalia City Council Meeting Minutes - Final June 3, 2024 4. Urgency Ordinance Extension - Public Hearing and 24-0207 Consideration of the extension of Ordinance No. 2024-05, adopted as emergency measures to regulate the location and operational requirements for massage establishments pursuant to Government Code section 65858(b). This statute permits the adoption of an urgency interim zoning ordinance for up to 22 months and fifteen days after notice, public hearing, and adoption by four-fifths vote of the City Council, Citywide. Paul Bernal, Planning and Community Preservation Director, explained the requirements and necessity to extend Ordinance No. 2024-05, an interim ordinance adopted as emergency measures to regulate the location and operational requirements for massage establishments. 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 11 of 13 Visalia City Council Meeting Minutes - Final June 3, 2024 5. Logo Discussion and potential direction regarding the new City of 24-0222 Visalia logo. Leslie Caviglia, City Manager, provided opening comments. Allison Mackey, Communications Manager, provided the formal report to Council. Staff recommends the Visalia City Council receive public input and provide direction regarding next steps regarding the City’s logo. Possible options include, but are not limited to, the following: 1) Retain the current logo. 2) Revert to the previous logo. 3) Retain or modify the current logo to be used when the medium being utilized warrants it, and retain the previous logo as a Legacy Logo that would be utilized in situations where it can be appropriately displayed and its detail clearly denoted. 4) Open the brand refresh logo design process again and work with the current consultants to redesign the current logo to include community feedback received since May 6, 2024. 5) Open the brand refresh logo design process again and create a process wherein local artists/graphic designers can submit designs, (that align with the requirements of a scope of work/design), have those designs reviewed by a panel of local graphic and marketing professionals, with a selection of final logos presented to the community to be voted on via community meetings or digital voting methods. The Council could then consider the results and make a final selection. 6) Open the brand refresh logo design process again and work through the City’s Purchasing Division process to conduct a Request for Proposals and choose another consultant to revisit the most recent City logo and create a variation of its design or a completely new design. The following citizens provided comment: Rita Verde April Lancaster Amy Shuklian Effrain Beccera JayTee Carlos Ila Benedict Julia Doyle Gia Hallum Cory Genka Sam Logan James House jJennifer fox Maria Guillen Don Nuckols Page 12 of 13 Visalia City Council Meeting Minutes - Final June 3, 2024 Sandra Skerrit Rosalinda Alexander Jim Reeves Gwen Shrank A motion was made by Council Member Steve Nelsen, seconded by Vice Mayor Brett Taylor, to approve items 3 and 5 from the recommended list. 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 10:36 p.m. UPCOMING CITY COUNCIL MEETINGS Monday, June 17, 2024 at 707 W. Acequia @ 7:00 p.m. 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 13 of 13