Visalia City Council

Visalia City Council Visalia City Council 707 W. Acequia Visalia, CA 93291 Visalia City Council Meeting Minutes - Final Mayor Brian Poochigian Vice Mayor Brett Taylor Council Member Steve Nelsen Council Member Emmanuel Hernandez Soto Council Member Liz Wynn Monday, September 16, 2024 7:00 PM City Council Chambers ROLL CALL The meeting was called to order at 5:30 p.m. 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 - 5:30 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 agenda. 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. Brad Maaske, Visalia, spoke regarding the new massage parlor ordinance and submitted a letter from the business owner for Regular Item #3. WORK SESSION AND ACTION ITEMS (as described) Page 1 of 11 Visalia City Council Meeting Minutes - Final September 16, 2024 1. Nonprofit Grant Program Recommendations Modifications. 24-0344 Report by the Citizens Advisory Committee on the Nonprofit Grant Program and recommendations for modifications to the program for the 2025 Grant Program Year. Ruth Pena, Financial Analyst and members of the CAC sub-committee, Alana Johnson and Miguel Salgado presented the recommended changes. Currently, the CAC is recommending adding the following question to the application (Attachment 1 - page 5): 11. Will the program have sufficient resources to operate if the desired grant amount is only partially funded? How would a partially funded award affect your program outcomes? Comments and suggestions were provided by Council. A motion was made by Council Member Steve Nelsen, seconded by Council Member Emmanuel Hernandez Soto, to approve with conditions. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session) Council adjourned to Closed Session at 5:57 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 SPECIAL PRESENTATION / RECOGNITION 1. Recognition of Mateo Flores and Nicholas Flores for their heroic 24-0353 bravery. PUBLIC COMMENTS Page 2 of 11 Visalia City Council Meeting Minutes - Final September 16, 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. Fida Taha, Visalia, spoke regarding a cease fire in Gaza. Larry Micari, Board of Supervisor, District 1, wanted to thank the Council for their good work. Irene Lapin, Visalia, spoke regarding animal services, and encouraged pet owners to be responsible. Janine Robins, Visalia, spoke about the benches being removed from the downtown . The majority of the businesses voted to have the benches removed permanently. Taylor Heinie, Visalia, spoke regarding the war. Maria Guillen, Visalia, spoke in support of a cease fire in Gaza. She noted that The Arts Visalia is now showing a new exhibit. Kathy Falconer, Visalia, requested to pull items 4 and 16 from Consent Calendar. ITEMS OF INTEREST The Council commented on various activities they participated in the last few weeks. 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 Council Member Hernandez Soto pulled items 4 and 16. Vice Mayor Taylor pulled item 8 to abstain. 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, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn Page 3 of 11 Visalia City Council Meeting Minutes - Final September 16, 2024 1. Authorization to read ordinances by title only. 24-0255 2. Record Notice of Completion - Request authorization to file a 24-0298 notice of completion for River Island Ranch Phase 1 subdivision located east of Dinuba Blvd and north of Shannon Pkwy containing 153 single-family residential lots. 3. Record Notice of Completion - Request authorization to file a 24-0299 notice of completion for the River Island Ranch Phase 2 subdivision located east of Dinuba Blvd and north of Shannon Pkwy containing 86 single-family residential lots. 4. RFB Award & Appropriation of Funds: Authorize the City 24-0348 Manager to award the construction contract with Avison Construction for the Inc. for RFB 23-24-19, Shirk Capacity Enhancement Project from School Ave to Riggin Ave in the amount of $16,444,225.00 and authorize additional appropriations of funds. Diego Corvera, Senior Civil Engineer, provided an brief overview of the RFB Award & Appropriation of funds. Kathy Falconer asked about the stop lights and the type of class of bike lanes. Staff responded that a buffer class 2 will be installed. Eric Bons, Civil Engineer, clarified which intersections currently have stop lights and which ones will be new. 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 5. FY23-24 Cape Seal Notice of Completion - Authorize the City 24-0349 Manager to file a Notice of Completion for the construction of the FY 23-24 Cape Seal Project. 6. Retaining Wall Repair - Authorize the City Manager to award a 24-0351 contract for the Blain Park retaining wall replacement project to Anchor 41 Construction of Hanford for an amount not to exceed of $141,299.00 and appropriate an additional $42,000.00 from the General Fund. 7. HPAC Annual Report - Review and accept the 2023/2024 Annual 24-0357 Report from the City of Visalia Historic Preservation Advisory Committee. Page 4 of 11 Visalia City Council Meeting Minutes - Final September 16, 2024 8. Approval of Agricultural Conservation Easement Form - A 24-0363 request by Great Valley Land Trust to have their agricultural conservation easement form and content approved as required per the City's adopted Agricultural Preservation Ordinance. Vice Mayor Taylor abstained from the vote. 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 Abstain: Brett Taylor 9. Biosolids Hauling and Disposal - Approve Contract Change 24-0364 Order No. 1with WTB Inc. in the amount of $105,256.00 and appropriate an additional $225,000.00 to cover the additional costs of hauling and disposing of the 2023 biosolids stockpile at the Visalia Water Reclamation Facility (WRF). 10. Developer Reimbursement Agreement for Sewer Trunk Line - 24-0365 Authorize the City Manager to execute the Reimbursement agreement with CRP LDF Central Point III, LLC (CapRock III), located at 4001 N. Plaza Dr. for the installation of a 30” Sanitary Sewer Trunk main on American St from Riggin Avenue extending north three-quarters of a mile to the project limits. 11. Notice of Completion for Sequoia Bend Unit 2 - Request 24-0366 authorization to file a notice of completion for Sequoia Bend Unit 2 located on the south side of East Goshen Avenue between North Cain and North Virmargo Street containing 45 lots residential lots. 12. Award Contract With Jaxon Enterprises for Asphalt - Authorize 24-0369 the City Manager to award a one-year contract with Jaxon Enterprises by attaching to the County of Tulare Contracts No. 1954, 1956, and 1958 for road materials for a total amount not to exceed $400,000. 13. Award Network Fiber Connectivity at Visalia Animal Care Center: 24-0379 Authorize the City Manager to award the construction contract to County Line Resources for RFB-23-24-34 Network Fiber Connectivity at Visalia Animal Care Center in the amount of $145,500. Page 5 of 11 Visalia City Council Meeting Minutes - Final September 16, 2024 14. Authorize Purchase of Timekeeping System: Authorize the City 24-0380 Manager to enter into a (5) year service and software license agreement with Kronos SaasHR for an employee time and attendance system, as well as a Public Safety employee scheduling system, for a total of $512,000, and appropriate $93,700 for the Public Safety scheduling system. 15. Fire Department Grant Authorization - Authorize staff to submit a 24-0382 grant application for the 2024 Cal Water Firefighter Grant Program for the replacement of eight (8) Automated External Defibrillator’s (AED’s) for Fire Department Administrative Vehicles in the amount of $18,538.79, to accept the grant and appropriate $18,538.79 if the grant is awarded. 16. Award Contract for Microtransit Software and Vehicles - 24-0251 Authorize the City Manager to award a contract to Via in the amount of $117,600 for microtransit software, award a contract to Model 1 in the amount of $802,417.20 for seven (7) ADA accessible vans, and appropriate funds in the amount of $2,927,160 for the microtransit project. Angelina DeRossett, Transit Manager, provided an overview of the Via software. Kathy Falconer, Visalia, inquired about the advanced clean fleet program adopted in March and if that applies to these vehicles. Staff clarified that these vehicles do not meet the weight requirements to be included in this program. 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 17. Design Contract Amendment & Appropriation of Funds - 24-0347 Authorize the City Manager to approve Amendment No. 5 with 4Creeks Inc. in the amount of $103,246.00 for additional design services related to the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane and accept and authorize the appropriation of $3,844,000 from the Senate Bill 1 - Local Partnership Formulaic Program (SB1-LPP) REGULAR ITEMS AND PUBLIC HEARINGS Page 6 of 11 Visalia City Council Meeting Minutes - Final September 16, 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. Public hearing and 2023/24 CAPER approval. Public hearing and 24-0318 approval of the 2023/24 Program Year Consolidated Annual Performance and Evaluation Report (CAPER) and Resolution No. 2024-54. Margie Perez, Housing Specialist, discussed the 2023/24 Consolidated Annual Performance and Evaluation Report also known as the CAPER. The Consolidated Annual Performance and Evaluation Report (CAPER) is a report of actual expenditures and accomplishments for the Program Year (PY) 2023/24 and is presented in a format prescribed by the U.S. Department of Housing and Urban Development (HUD). The CAPER report must be submitted to HUD by or before September 30th each year. The public hearing was opened and closed at 7:54 p.m. with no public comments. 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 Page 7 of 11 Visalia City Council Meeting Minutes - Final September 16, 2024 2. Elliott Subdivision Appeal and Annexation - A public hearing and 24-0355 consideration of the following actions: 1. Appeal of the Planning Commission’s approval of Elliott Tentative Subdivision Map No. 5597, a request by San Joaquin Valley Homes to subdivide two parcels totaling approximately 59.13-acres into 225 lots for single-family residential use and additional outlots for landscaping and a neighborhood park, to be located within the R-1-5 (Single-Family Residential, 5,000 square foot minimum site area) zone. The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue within the jurisdiction of the County of Tulare (APNs: 087-010-006, 008) (Resolution No. 2024-49 required); and 2. Adopt Initial Study / Mitigated Negative Declaration No. 2024- 05 for Annexation No. 2024-01 and Elliott Tentative Subdivision Map No. 5597 (Resolution No. 2024-47 required); and 3. Initiation of Proceedings for Annexation No. 2024-01, a request by San Joaquin Valley Homes to annex two parcels totaling approximately 59.13-acres into the City Limits of Visalia. Upon annexation the area would be zoned R-1-5 (Single-Family Residential, 5,000 square foot minimum site area), which is consistent with the General Plan Land Use Designation of Residential Low Density. The project site is located west of South Roeben Street, approximately 650 feet south of West Tulare Avenue within the jurisdiction of the County of Tulare (APNs: 087 -010-006, 008) (Resolution No. 2024-48 required); and 4. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and 5. Authorize the City Manager to sign and enter into a Pre-Annexation Agreement. Cristobal Carrillo, Associate Planner, presented the Elliott subdivision appeal and annexation project. A 5 foot section is at issue by the homeowners. The Public Hearing was opened at 8:07 p.m. John Schouten is one of the appellants and spoke regarding the long corridor as a no man's land and that SJVH and the homeowners have come to an agreement. Edward Smith spoke about the proposed park location slated for the south east side of the land. CVC is a great school however it causes a lot of traffic congestion in the morning. Steven Macias, SJVH, thanked everyone for their work done on this project. The park location is near an open channel of water and will beautify that area . A resident asked about the road improvements on Shirk. Page 8 of 11 Visalia City Council Meeting Minutes - Final September 16, 2024 The Public Hearing was closed at 8:17 p.m. Paul Bernal, Planning and Community Preservation Director, stated the project is still required to go through the LAFCO process so the timeline of the project is unknown at this time. Comments by Council. 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, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn 3. Appeal of Planning Commission Action - A Public Hearing to 24-0356 consider an appeal of the Planning Commission’s approval of a request by the City of Visalia, pursuant to Municipal Code Section 17.38.040, to revoke Conditional Use Permit No. 2019-27, which allowed the operation of a massage therapy business at 500 South Santa Fe Street, located in the O-C (Office Conversion) zone (APN: 097-121-023). Cristobal Carrillo, Associate Engineer, provided the overview and background of the services provided by the business located at 500 South Santa Fe Street. The Public Hearing was opened at 8:28 p.m. Roger Wilson, attorney for the applicant noted several issues against the city. His concern is the business has been open since 2019 and a one time inspection should not be a reason to shut the business down. He claimed some of the photos are being misinterpreted. The Public Hearing was closed at 8:32 p.m. Comments and questions by Council. Tracy Robertshaw, Neighborhood Preservation Manager, stated the culmination of violations led to the business being shut down. Paul Bernal, Planning & Community Preservation Director, clarified for the record if the revocation is upheld the business can be opened in 1 year. The one licensed massage therapist, however, is not prohibited from working in Visalia in the meantime. The other person is not licensed by the State or City to provide massage therapy. 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: Page 9 of 11 Visalia City Council Meeting Minutes - Final September 16, 2024 Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn 4. Appeal of Planning Commission Action - A Public Hearing to 24-0374 consider an appeal of the Planning Commission’s denial of Conditional Use Permit No. 2024-29, which was a request to amend the hours of operational for the Jack in the Box drive-thru facility to 24-hours located at 1145 South Lovers Lane, in the C-N (Neighborhood Commercial) zone (APN: 100-120-051). Paul Bernal, Planning and Community Preservation Director, provided the overview of the provisions. The applicant is appealing the decision of the Planning Commission’s denial to amend the hours of operation for a Jack in the Box fast-food restaurant previously approved per Conditional Use Permit (CUP) No. 2021-22, located at 1145 South Lovers Lane. The CUP amendment request was to modify the operating hours from 5:00 a.m. to 12:00 a.m. (midnight), as originally conditioned by the Planning Commission, to 24-hours a day. The Planning Commission initially adopted the hours of operations after receiving public comment in 2021 in opposition to the applicant’s initial request to permit this fast-food restaurant to operate 24-hours a day. The Public Hearing was opened at 8:48 p.m. Deborah Cardoza lives in the neighborhood and opposes the change in hours of operation to 24 hours due to the bright lights going through the drive-thru and shining in her home. An additional 37 neighbors signed a petition also opposing the proposed hours. Patrice Roux owns the Jack in the Box franchise and he has 7 locations that are 24 hours a day. He would like to work with the residents to reach a compromise. The Public Hearing was closed at 8:58 p.m. Comments by Council. The applicant and neighbors agreed to meet in the near future and seek an amicable solution. The applicant also agreed to allow the Council to table this item for a future Council meeting. Staff stated that the item will require a new public notice once the parties are ready to bring this back to the Council for further consideration. A motion was made by Council Member Steve Nelsen, seconded by Vice Mayor Brett Taylor, to continue the item. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn Page 10 of 11 Visalia City Council Meeting Minutes - Final September 16, 2024 CLOSED SESSION REPORT ADJOURNMENT The Mayor adjourned the meeting at 9:11 p.m. UPCOMING CITY COUNCIL MEETINGS 1. Upcoming City Council Meetings 24-0219 Monday, October 07, 2024 @ 7:00 p.m. at 707 W. Acequia, Visalia, CA 93291 Monday, October 21, 2024 @ 7:00 p.m. at 707 W. Acequia, Visalia, CA 93291 Note: Meeting dates and 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 contact 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 11 of 11