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Visalia City Council
June 3, 2024

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June 3, 2024
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Visalia City Council
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Visalia City Council
303 E. Acequia
Visalia, CA 93292
Visalia City Council
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
7:00 PM Visalia Convention CenterMonday, June 3, 2024
Visalia Convention Center - 303 E. Acequia

ROLL CALL
Mayor Brian Poochigian, Vice Mayor Brett Taylor, Council Member Steve Nelsen, Council Member Emmanuel Hernandez
Soto, and Council Member Liz Wynn

Present:

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. 24-0209Fiscal Year 2024/25 and 2025/26 Proposed Budget - Receive 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.

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Visalia City Council Meeting Minutes - Final June 3, 2024

2. 24-0020Fiscal Year 2024-25 Rates and Fees - Receive, review, and 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. 24-0115Downtown Visalia Property and Business improvement District (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:

Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto, Liz Wynn

Aye:

Steve NelsenRecused:

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Visalia City Council Meeting Minutes - Final June 3, 2024

4. 24-0116Town-Center Business Improvement Area (TCBIA) Annual 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:

Brian Poochigian, Brett Taylor, Emmanuel Hernandez Soto, Liz Wynn

Aye:

Steve NelsenRecused:

ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
The meeting adjourned to Closed Session at 5:40 p.m.

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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

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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.

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Visalia City Council Meeting Minutes - Final June 3, 2024

1. 24-0211PUBLIC HEARING - To receive ballots and public testimony on 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:

Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel
Hernandez Soto, Liz Wynn

Aye:

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:

Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel
Hernandez Soto, Liz Wynn

Aye:

1. 24-0214Authorization to read ordinances by title only.

2. 24-0188Authorization to Enter into a Sole Source for Sexual Assault 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.

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Visalia City Council Meeting Minutes - Final June 3, 2024

3. 24-0183Award & Appropriation of Funds for Fiber Optic Interconnect 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. 24-0190Renewal authorization for the ECO Transitional Jobs Program - 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:

Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel
Hernandez Soto, Liz Wynn

Aye:

5. 24-0192Authorize Shade Structure Contract for Recreation Park - 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. 24-0223Selection of Nominee for Transit Representative to TCAG - It is 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. 24-0163Service Agreement - Authorization to execute annual service agreement with Visalia Economic Development Corporation for $60,000 for FY 2024/25 with the option of four annual
extensions.

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Visalia City Council Meeting Minutes - Final June 3, 2024

8. 24-0193Authorize shade structure contract for Provident Skate Park - 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:

Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel
Hernandez Soto, Liz Wynn

Aye:

9. 24-0194Approve shade structure contract for Village Park - Authorize the 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. 24-0195Authorize shade structure contract for Houk Park - Authorize the 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. 24-0196Authorize shade structure contract for Whitendale Park - 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. 24-0197Authorize shade structure contract for Stonebrook Park - 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. 24-0198Authorize shade structure contract for Sunset Park - Authorize 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. 24-0218Cooperative Agreement for Reimbursement with the County of 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).

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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. 24-0159PUBLIC HEARING and Adoption of Resolution 2024-12 which 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:

Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel
Hernandez Soto, Liz Wynn

Aye:

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Visalia City Council Meeting Minutes - Final June 3, 2024

2. 24-0199Ordinance Adoption – Public Hearing and 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.

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:

Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel
Hernandez Soto, Liz Wynn

Aye:

3. 24-0208Measure N Public Hearing: Conduct the second of two public 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.

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Visalia City Council Meeting Minutes - Final June 3, 2024

4. 24-0207Urgency Ordinance Extension - Public Hearing and 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:

Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel
Hernandez Soto, Liz Wynn

Aye:

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Visalia City Council Meeting Minutes - Final June 3, 2024

5. 24-0222Logo Discussion and potential direction regarding the new City of 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

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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:

Brian Poochigian, Brett Taylor, Steve Nelsen, Emmanuel
Hernandez Soto, Liz Wynn

Aye:

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 [email protected] <mailto:[email protected]>

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