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, October 21, 2024 7:00 PM City 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 Mayor called the meeting 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 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. Jim Reeves commented on updating the pronouns in the City Charter to be more gender neutral. He also commented on the recent Pride event and the good turnout. Mr. Reeves praised the new City Clerk for finding old updates from the 1974 Charter that he requested. WORK SESSION AND ACTION ITEMS (as described) 1. New Employee Introductions: 24-0445 Administration: Jennifer Gomez, Chief Deputy City Clerk Administrative Services: Joey Gallardo, Community Outreach Coordinator The new employees were introduced to the City Council. Visalia City Council Page 1 Printed on 10/31/2024 Page 1 of 9 Visalia City Council Meeting Minutes - Final October 21, 2024 2. Presentation of Solid Waste Recycling Updates - Presentation of 24-0434 Solid Waste Recycling statistics. Public Works Manager Jason Serpa and Conservation Technician Nathan Garza provided a presentation of data to the City Council regarding Solid Waste Recycling in past years and projected numbers for 2024. Council Member Nelsen would like the downtown merchants to receive some education about recycling. 3. Presentation and authorization for Solid Waste Dump On Us 24-0443 program changes. The City’s Solid Waste Department is seeking input and authorization from Council on proposed changes to the frequency and alternatives to Dump On Us event dates. Public Works Manager Jason Serpa presented some statistics on the Dump On Us events. Public Works Director Nick Bartsch and Mr. Serpa discussed the proposed changes such as decreasing frequency from every other month to once per quarter and offering 2 vouchers per household/per year to supplement the program so households can drop off at the landfill on any days it is open to give more flexibility to dump items. Council Member Nelsen inquired if staff can handle an increase in volume of residents that will come to dump on us with it being less frequent. Staff confirmed they could. Council Member Hernandez Soto stated that he supports trying it out. Council Member Wynn asked how the vouchers will be distributed. Staff is still reviewing the options. Vice Mayor Taylor also supports trying it out. Mayor Poochigian liked the idea of using vouchers. 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 ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session) Mayor Poochigian adjourned to closed session at 4:33 p.m. Visalia City Council Page 2 Printed on 10/31/2024 Page 2 of 9 Visalia City Council Meeting Minutes - Final October 21, 2024 CALL TO ORDER REGULAR SESSION - 7:00 PM Mayor Poochigian called the regular session to order at 7:00 p.m. PLEDGE OF ALLEGIANCE INVOCATION SPECIAL PRESENTATION / RECOGNITION 1. Haunt the Home Award Presentation 24-0444 PUBLIC COMMENTS Visalia City Council Page 3 Printed on 10/31/2024 Page 3 of 9 Visalia City Council Meeting Minutes - Final October 21, 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. Peggy Buchanan of the Visalia Gadabouts stated they needed financial assistance to use the senior center. She commented on the curbs and parallel parking in the downtown and would like to see more retail and not restaurants in town. Bill Houtt thanked City staff for some of the issues they are addressing. He would like to meet with staff about some pilot programs he wants to propose regarding trash clean up . Taylor Heine spoke on behalf of the Palestinians and Lebanese to spread awareness of the actions taken against them. Raquel Arias provided comments about the City Council members. Fida Taha spoke in opposition to the City Council members and discussed the Palestinian victims. A gentleman commented on his actions in trying to help others. Efrain Becerra expressed his displeasure when Council Members do not respond to emails or do not attend community events that they are invited to. Kathy Falconer commented on consent item 10 and inquired about the costs associated with this process and financial impact on the city. ITEMS OF INTEREST Council Members commented on the events and activities that they recently attended . 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. The motion carried by the following vote: Visalia City Council Page 4 Printed on 10/31/2024 Page 4 of 9 Visalia City Council Meeting Minutes - Final October 21, 2024 Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn 1. Authorization to read Ordinances by title only. 24-0394 2. Accept and Appropriate Grant - Accept and appropriate 24-0315 $3,000,000 of Encampment Resolution Funding Round 3 for operational funds for the Visalia Navigation Center on N. Court to provide interim shelter, and a combination of capital and operational funds for the Majestic Gardens on W . Noble to provide permanent supportive housing for people living in targeted encampments. 3. Purchase a compact pickup truck for the Wastewater 24-0368 Pretreatment Division - Approve the purchase of a compact pickup truck for the Wastewater Pretreatment Division from Giant Chevrolet in the amount of $34,227.50 and appropriate $38,000 from the Wastewater Fund. 4. Park Notice of Completion - Request authorization to file a Notice 24-0400 of Completion for Whitendale Park Arbor Replacement Project, 500 W. Beech Ave, Visalia, CA. 5. RFB Award & Appropriation of Funds: Authorize the City 24-0411 Manager to award the construction contract with A-C Electric Company for traffic signal improvements at the intersection of St. Johns Parkway and Burke Street, in the amount of $1,135,767.80; authorize an additional appropriation of CMAQ funds in the amount of $70,000; authorize an additional appropriation of Measure R Regional funds in the amount of $565,000 and authorize amendment to the Measure R Supplemental Agreement. 6. Authorization to Award Contracts for License Plate Readers - 24-0415 Authorize the City Manager to award a four (4) year sole source contract to Flock Group, Inc. in the amount of $300,000 for Flock Fixed Automatic License Plate Readers (ALPR). 7. Construction Management Services Contract Award - Authorize 24-0422 the City Manager to execute an agreement with NV5, Inc. to provide construction management services for two City projects 1) Shirk Street Capacity Enhancement Project from School Ave to Riggin Ave and 2) Riggin Avenue Widening Project from Kelsey St to Shirk St in the amount of $545,707.60 & $259,369.23 respectively, combined total of $805,076.83. Visalia City Council Page 5 Printed on 10/31/2024 Page 5 of 9 Visalia City Council Meeting Minutes - Final October 21, 2024 8. Authorization to Accept Technical Assistance Voucher - 24-0423 Authorization for the Public Works Department to accept a Technical Assistance Voucher for the U.S. Dept. of Energy’s Energy Efficiency and Conservation Block Grant in the amount of $182,320.00 to develop a comprehensive energy efficiency and energization audit of the Water Reclamation Facility. 9. Appointment of Committee Member - Request to appoint Erick 24-0431 Arriaga to a partial first term on the Historic Preservation Advisory Committee. 10. Approve Agreement with California Dairies, Inc. - Approve the 24-0442 agreement with California Dairies, Inc. (CDI) to allow them to increase their permitted wastewater discharge flow capacity and decrease their biochemical oxygen demand under their Industrial Discharge Permit utilizing a fee exchange. 11. Ordinance Adoption - Second reading and adoption of Ordinance 24-0447 2024-10 amending Visalia Municipal Code Section 9.16 Graffiti. 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. Formation of Underground Utility District - Conduct public hearing 24-0350 and adopt resolution for the formation of an underground utility district along Goshen Avenue, east of Burke Street; Resolution No. 2024-62 required. Mike Porter from Engineering & Building provided a presentation to the City Council regarding four power poles that are affected by the Goshen Extension project and should be placed underground. Mayor Poochigian opened the public hearing at 7:46 p.m, and with no comments closed the public hearing at 7:46 p.m. A motion was made by Council Member Steve Nelsen, seconded by Council Member Liz Wynn, to approve as recommended. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn Visalia City Council Page 6 Printed on 10/31/2024 Page 6 of 9 Visalia City Council Meeting Minutes - Final October 21, 2024 2. Appeal of Planning Commission Action - A Public Hearing to 24-0426 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. 2011-18, which allows live entertainment and dancing in conjunction with Downtown Rookies Sports Bar and Grill located at 215 East Main Street, in the D-MU (Downtown Mixed Use) Zone (APN: 094-296-011). Council Member Steve Nelsen recused himself from this item. Vice Mayor Brett Taylor stated that he spoke with the City Attorney about a potential conflict of interest, and it was determined that he did not have one . City Attorney Ken Richardson confirmed for the record there was no conflict for the Vice Mayor. Paul Bernal Director of Planning and Community Preservation provided a presentation regarding the revocation of CUP 2011-18 which related only to live entertainment at the establishment; staff recommended denial of the appeal . Mr. Bernal, however, presented alternatives that could also be considered. He gave some background and history on various issues that the City has addressed with the business over the years including an excessive amount of calls for service by the police department. Paul discussed the comments made at the Planning Commission meeting and summarized the appeal submitted by the owner, Duane Rodriguez. Mayor Poochigian acknowledged the video that was submitted by Mr. Rodriguez and that the entire City Council did review it and that the link was also provided in the staff report for members of the public to view. Duane Rodriguez owner of Rookie's Sports Bar & Grill addressed some changes that they had made in the past and that they had been receiving positive feedback. He expressed the difficulty to control the public that are out on the sidewalks, especially when it relates to a food vendor. He would like to understand what the rules are in regard to the sidewalks and also the rules regarding the hot dog vendor that attracts a lot of people to that area . Mr. Rodriguez would like the opportunity to prove that they can provide a good business. The Mayor opened the Public Hearing at 8:09 p.m. April Lancaster encouraged the revocation of the CUP due to the negative impact on other downtown businesses and the strain on city resources addressing the issues at his business. She also expressed concern over a conflict of interest by Council Members. Visalia City Council Page 7 Printed on 10/31/2024 Page 7 of 9 Visalia City Council Meeting Minutes - Final October 21, 2024 Michelle Kenner used to go to this business but over the last year, she has noticed an increase in people hanging around outside on the sidewalk and has felt unsafe and not willing to visit that business anymore. She would like Code Enforcement to address the hot dog vendor problem. Bill Kitchen on behalf of Downtown Property Owners Association shared their support of Rookies and their contributions to the downtown and supports the reinstatement of the CUP. Janeen Robbins a merchant downtown expressed her support of Rookies and encouraged the City to work with Mr. Rodriguez. With no further comments, the Mayor closed the Public Hearing at 8:20 p.m. Council Member Wynn would be in favor of reinstating the CUP with more stringent conditions. She supported Alternative #3 and ending live entertainment at midnight and not allowing a DJ. Mr. Bernal requested that Council provide some direction on parameters to amend the CUP. The City Attorney clarified that a revised CUP would be taken back to Planning Commission. Vice Mayor Taylor inquired about the number of calls for service for the police to address problems. He also inquired about the crowd control issues outside and who is responsible. He would like a policy to help the business thrive and keep out the bad elements. Mayor Poochigian would also like to see better crowd control. He also would like to implement zero tolerance in regard to any future violations by Rookie's and to revoke their CUP if not compliant. He would like to require a trained bouncer with a guard card to clear crowds until closed. Mr. Rodriguez acknowledged there is a bigger issue when a DJ is running an event and not a live band. He agreed to improve security and will look at additional training. The Mayor inquired about what Code Enforcement can do regarding the hot dog vendor. Tracy Robertshaw stated that Code Enforcement will confiscate everything of the vendor if they are not following City procedures. Council Member Hernandez Soto had some follow up questions in which staff responded. He stated that he supports staff since this is a safety concern and that he will not be supporting the appeal. Visalia City Council Page 8 Printed on 10/31/2024 Page 8 of 9 Visalia City Council Meeting Minutes - Final October 21, 2024 A motion was made by Vice Mayor Brett Taylor, seconded by Council Member Liz Wynn, directing staff to work with the appellant with proposed changes to the CUP. The motion carried by the following vote: Aye: Brian Poochigian, Brett Taylor, Liz Wynn No: Emmanuel Hernandez Soto Recused: Steve Nelsen CLOSED SESSION REPORT UPCOMING CITY COUNCIL MEETINGS 1. Upcoming City Council Meetings 24-0242 Thursday, October 24, 2024 @ 5:30 p.m. at 5000 W. Cypress Ave. (Joint Meeting with VUSD) Monday, November 4, 2024 @ 7:00 p.m. at 707 W. Acequia Monday, November 18, 2024 @ 7:00 p.m. at 707 W. Acequia 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. ADJOURNMENT The Mayor adjourned the meeting at 8:47 p.m. Visalia City Council Page 9 Printed on 10/31/2024 Page 9 of 9