Visalia City Council

Visalia City Council Visalia City Council 707 W. Acequia Visalia, CA 93291 Visalia City Council Meeting Minutes - Final Tuesday, December 3, 2024 7:00 PM City Council Chambers Special Meeting 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 - 5:00 PM (Unless otherwise noted) Mayor Poochigian called the meeting to order at 5:00 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. WORK SESSION AND ACTION ITEMS (as described) 1. New Employee Introductions 24-0470 Administration: Rachel Dangerfield, Administrative Assistant Police: Jeff Dowling, Police Agent Kyle Kalender, Police Agent Alexia Gonzalez, Police Officer Paulino Manzano, Police Officer Anessa Mora, Police Officer Erik Osuna, Police Officer Juan Pinedo, Police Officer Trevor Smythe, Police Officer Staff introduced the new employees and promotions. Visalia City Council Page 1 Printed on 12/11/2024 Page 1 of 8 Visalia City Council Meeting Minutes - Final December 3, 2024 2. Permanent Local Housing Allocation (PLHA) 5-year Plan: 24-0513 Develop FY 2025/26 - 2029/30 plan and amend FY 2024/25. Housing Specialist Margie Perez and Assistant Finance Director Melody Murch provided a presentation regarding the development of the next PLHA 5-year Plan and an amendment for FY 2024/25 PLHA to include 40% to an Affordable Owner-Occupied Workforce Housing activity. A motion was made by Council Member Liz Wynn, 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 3. Consolidated Plan Development. Receive an update and provide 24-0454 direction on development of the City’s next 5-year Fiscal Year (FY) 2025/26 - FY 2029/30 Consolidated Plan (ConPlan) for the use of U.S. Department of Housing and Urban Development (HUD), federal Community Development Block Grant (CDBG), and HOME Investment Partnership Program (HOME) funds. Housing Specialist Margie Perez provided a presentation regarding the development of the next 5-year Consolidated Plan and proposed projects and program activities for the use of CDBG and HOME funding. The City Council provided feedback regarding the proposed funding. A member of the public requested more support specifically for veterans. Staff clarified that a category specifically for veterans is not an eligible status, but veterans could be eligible in other ways. 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 WORK SESSION Mayor Poochigian adjourned the work session at 5:53 and went into recess. CALL TO ORDER REGULAR SESSION - 7:00 PM The Mayor called the meeting to order at 7:01 p.m. PLEDGE OF ALLEGIANCE Visalia City Council Page 2 Printed on 12/11/2024 Page 2 of 8 Visalia City Council Meeting Minutes - Final December 3, 2024 INVOCATION SPECIAL PRESENTATION / RECOGNITION 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. James Alves of Able Inc expressed his disappointment of the City ending their 22 year relationship of park maintenance and that it contradicts the message of inclusivity. He spoke on the benefit their organization provides to people with disabilities. Fida Taha spoke on the war in Palestine. 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: Aye: Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel Hernandez Soto, Liz Wynn 1. Authorization to read ordinances by title only. 24-0360 2. 2023/24 AB 1600 Report - Request for City Council to receive, 24-0494 review, and file the 2023/24 Impact Fee Report as required by State Law. Visalia City Council Page 3 Printed on 12/11/2024 Page 3 of 8 Visalia City Council Meeting Minutes - Final December 3, 2024 3. Execution of Utility Joint Use Agreement: Authorize the City 24-0499 Manager to finalize the two (2) draft Southern California Edison Joint Use Agreement’s, then execute the two (2) finalized agreements and adopt Resolution 2024-66 for the Riggin Widening Project Kelsey St. to Shirk St. and Resolution 2024-67 for The Carlton Acres Commercial Project at the northeast corner of said intersection. (Resolutions required) 4. Request Authorization to File Notice of Completion: Authorize the 24-0503 filing of a Notice of Completion for FY 22-23 Measure N Street Rehab - County Center St. from Houston Ave. to Riggin Ave. Project. 5. Consider appointment to the Parks and Recreation Commission: 24-0521 Appointment of Isaiah Farias, as recommended by the City Council sub-committee. 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. Visalia City Council Page 4 Printed on 12/11/2024 Page 4 of 8 Visalia City Council Meeting Minutes - Final December 3, 2024 1. A Public Hearing to consider an appeal of the Planning 24-0514 Commission’s approval of Conditional Use Permit No. 2024-17: A request by Derek Finnegan / Lars Anderson & Associates to amend Conditional Use Permit No. 2019-31 for the establishment of a 172,000 square foot commercial building for the sale of general retail merchandise with a fuel dispensing service station and a car wash, within the Commons at Visalia Parkway Shopping Center, located in the C-R (Regional Commercial) Zone. The project site is located on the southwest corner of South Mooney Boulevard and West Visalia Parkway (APNs: 121-620-004, 005, 006, 007, 008, 013, 014). Associate Planner Cristobal Carrillo provided a presentation regarding the two appeals of the Planning Commission's approval of CUP 2024-17. He discussed the proposed projects subject to the CUP and the projects approved by right. He addressed the issues that were identified in the appeals and the analysis' taken. William Hannah, attorney for appellant 2400 W. Midvalley LLC. and Jonathan Hopkin owner of the Westlake Village introduced themselves. Mr. Hopkin stated that he did not receive any notice from the City on this project and only heard about it from the residents. He also commented on the migrating Canadian geese on site and that he needs to make annual reports to Fish and Wildlife . Mr. Hannah commented on the environmental documents and stated that it should not just be a Mitigated Negative Declaration and that it should be a full Environmental Impact Report. He stated that the San Joaquin Valley Air Pollution Control District should have received additional information in order for them to provide comments on the project. He further discussed the traffic reports at the gas station and the potential impact on neighboring residents . Mr. Hannah also commented that Fish and Wildlife was not contacted about the geese. He concluded stating that more environmental analysis needs to be done. Claudia Lenoir representing appellant Anna Maier and other residents of Westlake Village spoke on the laws that exist to protect low-income residents and that this project negatively impacts them. She stated that the project will create pollutants and impact the residents and that no mitigation has been proven. She also commented on a Health Risk Assessment that was dated November 19, but they did not receive a copy until the 27th. She requested that the City follow the guidance provided for these types of projects and wants the City to get an analysis by the San Joaquin Valley Air Pollution Control District. Jim Shehadey, the developer of the proposed project, spoke on the project and improvements to the vacant land. They have done the analysis and reports that they were asked to do and also made adjustments to the location of the gas pumps to address some concerns. He commented on other gas stations Visalia City Council Page 5 Printed on 12/11/2024 Page 5 of 8 Visalia City Council Meeting Minutes - Final December 3, 2024 located within 160 feet of residences and that this is a safe project. He stated that they had met with residents and that they spoke with someone that represented the owners of the Village. Mr. Carrillo clarified that City staff did provide a 30 day notice to property owners and tenants within 300 feet of project that were provided by the County. Director of Planning & Community Preservation Paul Bernal spoke on a recent bill that was referenced and that it does not apply to this project. He also commented on environmental justice element policies and that the City is in compliance, but it has no bearing on this project. Mr. Bernal discussed the gas station and noise mitigations that include a landscaping buffer, reduced hours of deliveries, lighting, and extending the 8 ft wall along the southern border. Council Member Liz Wynn read for the record a response she received from the San Joaquin Valley Air Pollution Control Board which stated that they did not take a position of opposition to this project and that the facility will need to obtain a Air Board permit for the gas station once the land use has been approved by the City. Appellant Anna Maier spoke in opposition to this project and the impact on the local wildlife. A resident reviewed the responses from JK Consulting and commented on them, as well as concern over transparency. Kathy Falconer complemented the beauty of Westlake Village and expressed concern over the impacts of the project due to the large number of deliveries and customers that will be there. Michelle Kenner read a statement from a resident of Westlake Village clarifying the role of the HOA and not all residents are members and therefore not included at the quarterly meeting where the project was discussed. A resident commented on the significant air pollution in the Central Valley and the negative impacts on seniors. He also commented on noise pollution, traffic safety, and property values. A young girl spoke in opposition to this development and the impact it will have on people she knows in that community. She was concerned about the impact on the wildlife as well. Maria Guillen has visited Westlake Village and would hope the elected officials would protect the seniors and their quality of life. She objects to this project. Angie Ledesma stated that the HOA president did contact all tenants as well as the property owner about the meeting that was being held with the developer Visalia City Council Page 6 Printed on 12/11/2024 Page 6 of 8 Visalia City Council Meeting Minutes - Final December 3, 2024 about the project. Connie Page opposed that this hearing was postponed two weeks for the developer and that they did not receive additional time to prepare a rebuttal . She requested that Council uphold their appeal and stated that this will be the only Sam's Club up against a residential development. Effrain Becerra disagreed with this project and wants the Council to think about these elderly residents and listen to them. Angela Romanello would like the gas pumps to be at least 300 ft. away since the pollution in our area is bad and is worried about the health of the residents. David Dean spoke in opposition to this project due to the poor air quality. A resident spoke on his own health conditions and feels the air quality will get worse. Council Member Nelsen requested the consultant to respond to comments given by the public. Jason Ellard of JK Consulting Group responded to comments and questions by the public and the City Council. They reached out to the Air District and received some feedback regarding gas stations. They took that information into consideration with the project analysis and reviewed other resources as well. They determined the impact was less than significant. Council Member Hernandez Soto inquired if the appellants did not receive the health risk assessment response until November 27th. Mr. Carrillo stated the original assessment was released previously, prior to the Planning Commission meeting. The November 27th document was just a response specific to the claims in the appeal that was prepared for this City Council meeting. Council Member Nelsen asked if Sam's Club had been asked to reduce the number of pumps. The developer responded that the project must include a gas station as that is their business model. Mr. Nelsen wants to understand if the pumps can be moved an additional 150 feet or if that will prevent the project from moving forward. Council Member Wynn believes they did their due diligence and regardless of whether they are 150 ft or 300 ft. she believes the impact will be the same. She expressed her support of this project. Vice Mayor Taylor spoke to the city attorney previously and determined that he did not need to recuse himself as he has no conflict of interest. He clarified that he was being proactive in setting up the meeting between the residents and the Visalia City Council Page 7 Printed on 12/11/2024 Page 7 of 8 Visalia City Council Meeting Minutes - Final December 3, 2024 developer to allow them more time to be aware of the project. He appreciated the changes that the developer made. Mr. Taylor also found examples in town with other gas stations next to residential areas and that there are other Sam's Clubs in California that abut residential properties. He stated that he supports this project. Mayor Poochigian reflected on past objections to other gas station projects in town with similar arguments and is pleased with the concessions made by this developer as it shows they are wanting to be good neighbors. He is supportive of this project and sees the dust from neighboring undeveloped lots as more detrimental from disking than this fully developed project. 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, Liz Wynn No: Steve Nelsen, Emmanuel Hernandez Soto ADJOURNMENT The Mayor adjourned the meeting at 9:16 p.m. UPCOMING CITY COUNCIL MEETINGS 1. Upcoming City Council Meetings 24-0241 Wednesday, December 11, 2024 @ 5:30 p.m. at 707 W. Acequia Monday, December 16, 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. 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