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Visalia City Council
October 7, 2024

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October 7, 2024
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Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
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
7:00 PM City Council ChambersMonday, October 7, 2024

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 Mayor called the Work Session 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 briefly commented on using gender neutral language in City documents. He also stated that he was in opposition of the City Council taking a position on State propositions such as Consent item #6 for Proposition 36.

WORK SESSION AND ACTION ITEMS (as described)
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1. 24-0430New Employee Introductions:

Public Works:

Andrew Stanley - Solid Waste Operator
Eddie Moreno - Solid Waste Operator
Faptima Velasco - Industrial Waste Inspector
Samuel Aceves - Industrial Waste Inspector
Rehana Cale - Sr. Project Manager
Arturo Enriquez - Street Maintenance Worker
New employees were introduced by City staff.

2. 24-0412Presentation by Tulare County Health and Human Services - Presentation on California’s implementation on Proposition 1, funding opportunities and an update on the Care Court
implementation.

Anita Ortiz and Dr. Natalie Bolin from Tulare County Health & Human Services Agency provided two presentations. The first was regarding Homelessness and local services being provided. The second was regarding the Behavioral Health Services Act (Proposition 1), CARE Court, and SB 43. They discussed various projects they are working on and funding that they are applying for. The Council provided positive feedback on the efforts that the County is working on, and the presenters responded to questions and comments by the City Council.

3. 24-0340Potential Municipal Ordinance Update - Receive staff presentation and provide comment and/or direction on Visalia Municipal Code Chapter 10.16.050 Use of Streets for Storage of Vehicles Prohibited (on-going parking).

Jesse Villegas and Tracy Robertshaw from Code Enforcement provided a presentation on residents using streets as storage for vehicles and trailers. Staff discussed issues with the current code and provided potential revisions such as requiring moving them at least 1000 ft from original location. Council discussed other potential solutions and problems that may arise.

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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4. 24-0362Potential Municipal Ordinance Update - Receive staff presentation and provide comment and/or direction on potential amendments to Visalia Municipal Code Chapter 8.40
“Nuisances”, Section(s) 8.40.020 “Definitions” to define illegal dumping and 8.40.030 “Public Nuisances” to make illegal dumping in the public right of way punishable with a fine of $1,000 per day.

Tommy Contreras and Tracy Robertshaw from Code Enforcement provided a presentation on illegal dumping of trash and debris. Staff proposed changes to the municipal code regarding a definition of "illegal dumping" and establishing fines in the amount of $1,000. Staff responded to Council's inquiries about who would receive the penalties and be held responsible for the violations.

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:

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

Aye:

ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
The Mayor adjourned to closed session at 5:18 p.m.

CALL TO ORDER REGULAR SESSION - 7:00 PM
The Mayor called the regular session to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE

INVOCATION

SPECIAL PRESENTATION / RECOGNITION

1. 24-0397Recognition of South Valley United Boys 07 - National Premier League National Champions

PUBLIC COMMENTS
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Visalia City Council Meeting Minutes - Final October 7, 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.

April Lancaster opposed the fueling station project on Mooney Blvd. due to the close proximity from senior housing and a school.

Fida Taha spoke on the anniversary of the war between Israel and Palestine.

Raquel Arias spoke on the war in Palestine.

Taylor Heine spoke on the attacks against Palestinians and the long history of violence.

Bill Huff spoke on the criminalizing of the homeless for sleeping in public spaces.

Efrain Becerra commented on the upcoming election and thanked Council Member Wynn for listening to constituents.

Jim Reeves announced upcoming events: "Pride Visalia" this Saturday 11-4 "Celebrating Decades of Pride" and on Friday the Source will reveal the GLEAM art exhibit.

Maria Guillen spoke on local events and her opposition to the gas station.

Kathy Falconer praised the City for the purchase of an electric solid waste truck and is happy that Visalia Parkway is being widened. She expressed concern about some of the proposed businesses in that area and the potential poor air quality from traffic.

Claudia Lenoir expressed concern on the procedure at the Planning Commission meeting for the developer to modify the site plan and the CEQA document being filed without proper notice and action.

David Robles wants an item added to a future agenda regarding towing and issue is with the city attorney and tow companies need to be rotated.

Richard Flores echoed Mr. Robles' comments and asked this be added to a future agenda.

Jill Fiez objected that Vice Mayor Taylor attended their HOA meeting and was representing the developer and not the residents.

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ITEMS OF INTEREST
The Council commented on various activities and events they attended to recently.

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
Public Comments were provided.

Maria Guillen commented on Proposition 36.

A woman briefly spoke against Proposition 36.

Council Member Hernandez Soto pulled item 6 so that he may abstain from the vote.

Vice Mayor Taylor pulled items 11 and 15 for separate consideration.

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:

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

Aye:

1. 24-0393Authorization to read ordinances by title only.

2. 24-0023Notice of Completion for Subdivision - Request authorization to file a notice of completion for Candelas II subdivision containing 59 single-family residential lots located southwest of Tulare Avenue and Vista Street.

3. 24-0093Authorization to Accept the OTS STEP Grant - Authorize the Visalia Police Department to accept the Selective Traffic Enforcement Program (STEP) FY 2024-25 Grant in the amount of $200,000 awarded by the California Office of Traffic Safety (OTS), appropriate $50,000 from the General Fund and
authorize the Chief of Police to execute the Grant Agreement.

4. 24-0304Adoption of Resolution 2024-43 - Adopt Resolution 2024-23, the required biennial update of the list of City of Visalia designated employees and classifications for the purpose of compliance with Chapter 2.08 of the Ordinance Code of the City of Visalia specifying conflict of interest regulations. (Resolution 2024-23 required)
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5. 24-0375Record Final Map for Sycamore Heights Subdivision - Request authorization to record the final map for Sycamore Heights subdivision, located at the northeast corner of Ferguson Avenue and Akers Street; and request authorization for the formation of Landscape and Lighting Assessment District No. 24-03 and order the improvements and levying the annual assessments.

Resolution Nos. 24-57 and 24-58 required.

6. 24-0376Approve Resolution No. 2024-56 in support of Proposition 36:

Accept a Resolution for the City Council of the City of Visalia in support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.

Council Member Hernandez Soto stated that he did not oppose Proposition 36, but he did not want to vote on this matter.

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, Steve Nelsen, Liz WynnAye:

Emmanuel Hernandez SotoAbstain:

7. 24-0378Record Final Map for Barr & Wood Ranch Phase 1 Subdivision - Request authorization to record the final map for Barr & Wood Ranch Phase 1 subdivision, located at the northwest corner of Roeben Street and Whitendale Avenue; request authorization for the formation of Landscape and Lighting Assessment District No. 24-05 and order the improvements and levying the annual assessments. Resolution Nos. 24-60 and 24-61 required.

8. 24-0383FEMA & CalOES Authorized Agents Approval - Approve Resolution 2024-53, renewing the position of City Manager and Assistant City Manager and adding the position of Finance Director as authorized agents for official correspondence with FEMA and CalOES.

9. 24-0385Award 5-year contract for WRF Aeration Systems - Authorize the City Manager to award a 5-year sole source contract, not to exceed $200,000 per year, totaling $1,000,000 over the life of the contract, to Environmental Dynamics International to supply repair and replacement parts to overhaul the aeration diffuser system at the Visalia Water Reclamation Facility (WRF).

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10. 24-0388Accept the City of Visalia Cash and Investment Report for the fourth quarter of the fiscal year 2023-24 which consists of months April, May, and June of 2024.

11. 24-0389Award Design Services Contract - Authorize the City Manager to execute a professional services agreement with 4Creeks, Inc., as a sole-source provider, for the design of the expansion and remodel of the clubhouse at the Valley Strong Stadium, in the amount of $420,000; to procure limited construction materials through 4Creeks during the design phase in an amount up to $1,100,000; and to appropriate $4,342,028 from the baseball fund.

Vice Mayor Taylor pulled this item for separate consideration.

Civil Engineer Rebecca Keenan presented the staff report for Council's consideration.

Rawhide Co-owner, Sam Sigal commented on the positive relationship between the City and First Pitch Entertainment.

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:

12. 24-0390Notice of Completion on Playground - Request authorization to file a Notice of Completion for Riverbend Park Playground Replacement Project, 2534 N. Court Street.

13. 24-0391Award Contract for Business Tax Software: Authorize City Manager to enter into a five (5) year service and software license agreement with Hinderliter de Llamas and Associates (HdL), Inc for business tax billing for a total of $286,000, and transfer funds of $50,000 from capital to the operating budget for FY 2024/25 and 2025/26 for annual use and hosting fees.

14. 24-0392Developer Reimbursement Agreement - Authorize the City Manager to execute the reimbursement agreement for
improvements of Caldwell & Demaree Garden Unit located at the southwest corner of South Demaree Street and West Packwood Avenue
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15. 24-0395Amend Design Services Contract - Approve Contract Amendment No. 2 to Zeltmacher Structural Design Engineering Inc. for design services related to the outfield fence replacement project, in the amount of $35,8000 and to appropriate $855,600 from the baseball fund.

Vice Mayor Taylor pulled the item for separate consideration.

Civil Engineer Rebecca Keenan presented the staff report for Council's consideration.

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, Steve Nelsen, Emmanuel
Hernandez Soto, Liz Wynn

Aye:

16. 24-0396Airport Sewer Lift Station Rehabilitation Contract Award & Appropriation of Funds: Authorize the City Manager to award a construction contract with SW Construction for the Airport Sewer Lift Station Rehabilitation Project in the amount of $588,272.94 and authorize an additional appropriation of funds in the amount of $468,000 from the Wastewater Fund.

17. 24-0398Contract Award for Plaza Park Pond: Authorize the City Manager to award the construction contract with Cal Valley Construction for the Plaza Park Pond shoreline replacement in the amount of $939,500 and transfer funds from an existing ARPA Project.

18. 24-0399Developer Reimbursement Agreement - Authorize the City Manager to execute the reimbursement agreement for
improvements to Caldwell Avenue associated with the Diamond Oaks Unit No. 1 subdivision located at the southeast corner of Caldwell Avenue and Burke Street and authorize the
appropriation of $2,500,000 from the Transportation Impact Fee fund.

19. 24-0402Information Services Department Grant Authorization - Confirm the submission of a grant application for the 2024 State and Local Cybersecurity Grant Program for updated security
appliances and applications in an amount not to exceed
$250,000, to accept the grant and appropriate the amount, up to $250,000, if the grant is awarded.

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20. 24-0403Authorization to revise the Axon Fleet 3 Mobile Audio/ Video Contract: Authorize the City Manager to amend the current Fleet 3 Mobile Audio/Video Contract with Axon Enterprise Inc. to advance the purchase of twenty-three (23) in-car camera systems, include 5G network capabilities for thirty-four (34) new in-car camera systems, and purchase ninety-nine (99) Airgain Antennas, to equip existing patrol vehicles with 5G network capabilities.

21. 24-0404Solid Waste Truck Replacement Grant Program - Authorize the adoption of Resolution No. 2024-55 approving the application for a San Joaquin Valley Air Pollution Control District (SJVAPCD) grant for the purchase of an all-electric residential solid waste truck. Authorize the public works department to apply for the Truck Replacement Grant Program to aid in the purchase of a new all-electric solid waste vehicle.

22. 24-0410Authorize Purchase of Equipment and Services from T-Mobile:

Authorize the City Manager to enter into a (5) year contract with T-Mobile to provide cellular services in an amount not to exceed $670,000, to purchase equipment from T-Mobile in an amount not to exceed $300,000, and appropriate $90,324 for 5G mobile routers for Police vehicles.

23. 24-0416Record Tentative Parcel Map - A request to record the final parcel map for Tentative Parcel Map No. 2023-04, subdividing an existing 468-acre parcel at the northeast corner of Shirk Street and Riggin Avenue into eight parcels for commercial use with one remainder parcel

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.

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1. 24-0345Graffiti Ordinance Update - A Public Hearing and First Reading of Ordinance No. 2024-10, a request by the City of Visalia to amend Visalia Municipal Code Section 9.16 “Graffiti”.

Neighborhood Preservation Manager Tracy Robertshaw presented proposed changes to the municipal code. She also stated that Ace Hardware will donate unused paint to the City to assist in covering graffiti.

The Public Hearing opened and closed at 8:15 p.m. with no comments given.

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:

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

Aye:

CLOSED SESSION REPORT

1. 24-0421For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Judy Miller, Successor Trustee of the Miller Family Trust dated October 14, 1993 and Richard Fredrick Hover and Lucille Womack, also known as Lucille Irene Womack, as Successor Co-Trustees of the Richard L. Hover and Ona Lee Hover 2005 Living Trust and Sarah Bohn Sowell, as Trustee of the Sowell Living Trust dated November 16, 2004 and Steve Bohn, a
married man as his sole and separate property and Kenneth Robert Metzger, Trustee of the Kenneth Robert Metzger Trust and Marilynn “Lynn” H. Mirviss as the Surviving Trustee of the Mirviss Family Trust and Marilyn Kendall Weldon, a married woman as her sole and separate property and Martin Mace Peterson, an unmarried man and Cory Smith Peterson, an
unmarried man and Michael B. Peterson, Trustee of the Michael B. Peterson Trust, and his Successor Trustees and Perry Lloyd Metzger, a single man, as his sole and separate property.

APN: 094-302-007 & 094-302-008
Brief Description: Purchase of 300 E. Mineral King Ave.

Price: $2,050,000.00
Closing Date: 9/24/2024
Closed Session Council Date: 8/19/2024
Project Manager: Leslie Caviglia and Devon Jones
City Attorney Ken Richardson reported out the item.

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ADJOURNMENT
The Mayor adjourned the meeting at 8:17 p.m.

UPCOMING CITY COUNCIL MEETINGS

1. 24-0384Upcoming City Council Meetings
Monday, October 21, 2024 @ 7:00 p.m. at 707 W. Acequia
Monday, November 4, 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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