Visalia City Council Meeting - October 21, 2024

The Visalia City Council met on Monday, October 21, 2024, convening a 4:00 p.m. work session and a 7:00 p.m. regular session in the City Council Chambers (707 W. Acequia). All five council members were present: Mayor Brian Poochigian, Vice Mayor Brett Taylor, and Council Members Steve Nelsen, Emmanuel Hernandez Soto, and Liz Wynn. The work session featured new employee introductions, a solid waste recycling update, and approval of Dump On Us program changes. The regular session included Haunt the Home awards, public comments, an 11-item consent calendar, a public hearing on an underground utility district, and an appeal hearing regarding the revocation of the live entertainment conditional use permit for Downtown Rookies Sports Bar & Grill. The meeting adjourned at 8:47 p.m.

Work Session: New Employee Introductions

• Jennifer Gomez was introduced as the new Chief Deputy City Clerk. She previously served as deputy city clerk in Tulare and Hanford and as city manager in Farmersville, and described herself as a fourth-generation Visalian.
• Joey Gallardo was introduced as the new Community Outreach Coordinator in the Communications Division. She holds a degree from Fresno State and brings marketing and communications experience.

Work Session: Solid Waste Recycling Updates

• Public Works Manager Jason Serpa and Conservation Technician Nathan Garza presented recycling statistics for past years and projected 2024 numbers.
• Recycling tonnage increased by nearly 1,000 tons from 2023 reported tonnages, attributed to the Solid Waste Department's ongoing education and outreach efforts.
• Residential recycling residual (non-recyclable material in the recycling stream) dropped almost 10 percent over the last six months; residuals were over 40 percent in 2020.
• Staff noted preparation for a CalRecycle SB 1383 compliance audit and expressed confidence in the City's compliance efforts.
• Council Member Nelsen requested an educational component for downtown merchants, stating downtown does a poor job using the available recycling bins.

Public comment during the work session: Jim Reeves commented on updating the City Charter's male pronouns to be more gender neutral, noted the recent Pride event's record turnout, and praised new City Clerk Jennifer Gomez for promptly locating information on a 1974 Charter deletion he had requested.

Work Session: Dump On Us Program Changes

• Staff proposed reducing Dump On Us event frequency from every other month (six events per year) to once per quarter (four events per year).
• To supplement the reduction, staff proposed two vouchers per household per calendar year, usable at the landfill any day it is open to the public except for six holiday blackout dates and county half-price weeks.
• Statistics presented: each event averages about 100 tons of material, approximately 30 to 50 percent of which is diverted from the landfill; the City deploys 45 to 55 employees per event at a cost of about $35,000 to $40,000 per event; typical turnout ranges from 600 to 850 people.
• Staff estimated saving $15,000 to $20,000 per event not held, noting the Caltrans Clean California partnership funding is no longer available, though that was not the driving factor.
• Public Works Director Nick Bartsch noted the proposed hybrid model retains at least four events annually while providing more flexibility for residents.
• Council Member Nelsen asked whether staff could handle increased volume from less frequent events; staff confirmed they could, citing operational efficiency improvements.
• Council Member Hernandez Soto and Vice Mayor Taylor expressed support for trying the new approach; Council Member Wynn asked about voucher distribution and said she was fully supportive of the changes; Mayor Poochigian liked the idea of using vouchers.
• Motion by Council Member Nelsen, seconded by Vice Mayor Taylor, to approve as recommended; carried 5-0.

Special Presentation: Haunt the Home Awards

• The City recognized winners of the 2024 Haunt the Home Halloween decorating contest: 34 total submissions, 13 category winners, and 11,670 community votes in the Visalia's Choice category—a 3,000-vote increase over the Deck the Home holiday contest.
• An interactive map of decorated homes was promoted, and entries for the upcoming Deck the Home contest open November 13.

Public Comments & Testimony

• Peggy Buchanan, of the Visalia Gadabouts senior travel group, said the group needs financial help because the senior center rent has more than doubled; she also criticized downtown curbs and parallel parking design and said she would like to see more retail and fewer restaurants downtown.
• Bill Houtt thanked City staff for addressing issues and requested meetings on pilot programs he wants to propose regarding trash cleanup.
• Taylor Heine spoke on behalf of Palestinian and Lebanese people, urging awareness of ongoing violence and saying speakers were addressing the public and live stream as much as the Council.
• Raquel Arias commented on Council members, raising concerns about responsiveness and the appearance of wrongdoing.
• Fida Taha spoke in opposition to the City Council members, discussed Palestinian victims, and criticized the Council for not placing a ceasefire resolution on the agenda despite over 700 signatures.
• Theo Cervantes Garcia, a disabled Navy veteran and chairman of the Tears for Palestine grassroots campaign, described seeking donations for 96 affected families, investing over $4,000 of his own money, and recounted hostility he has faced while doing so.
• Efrain Becerra expressed displeasure when Council Members do not respond to emails or attend community events they are invited to, specifically addressing Mayor Poochigian and Council Member Nelsen.
• Kathy Falconer commented on consent item 10 (California Dairies, Inc. agreement), asking about the costs, fee exchange, and financial impact on the City, and whether the milk comes from all of Tulare County.

Items of Interest

Council members reported on recent activities, including the Fire Station 55 ribbon cutting, Taste of Downtown (over 1,000 attendees), the League of California Cities conference, a Caltrans Adopt-a-Highway cleanup, the Chamber of Commerce leadership panel, a first-grade City Hall field trip, and the Haunt the Home displays. Council Member Nelsen and Mayor Poochigian both apologized to Efrain Becerra, saying they believed they had replied to his email. Mayor Poochigian also stated the City received $4 million in homeless grant funding—$2 million for the Visalia Navigation Center and $2 million for supportive housing units at the Majestic Hotel.

Consent Calendar

The Council approved the consent calendar 5-0. Items included:

• Authorization to read ordinances by title only.
• Acceptance and appropriation of $3,000,000 in Encapsulation Resolution Funding Round 3 for the Visalia Navigation Center (interim shelter operations) and Majestic Gardens permanent supportive housing.
• Purchase of a compact pickup truck for the Wastewater Pretreatment Division from Giant Chevrolet for $34,227.50, with $38,000 appropriated from the Wastewater Fund.
• Filing a Notice of Completion for the Whitendale Park Arbor Replacement Project, 500 W. Beech Ave.
• Award of a construction contract to A-C Electric Company for traffic signal improvements at St. Johns Parkway and Burke Street for $1,135,767.80, with additional appropriations of $70,000 (CMAQ) and $565,000 (Measure R Regional) and an amendment to the Measure R Supplemental Agreement.
• Award of a four-year sole source contract to Flock Group, Inc. for $300,000 for Fixed Automatic License Plate Readers (ALPR).
• Construction management services agreement with NV 5, Inc. for the Shirk Street Capacity Enhancement Project ($545,707.60) and Riggin Avenue Widening Project ($259,369.23), combined total $805,076.83.
• Acceptance of a $182,320 Technical Assistance Voucher from the U.S. Department of Energy for an energy efficiency and energization audit of the Water Reclamation Facility.
• Appointment of Erick Arriaga to a partial first term on the Historic Preservation Advisory Committee.
• Approval of an agreement with California Dairies, Inc. (CDI) to increase permitted wastewater discharge flow capacity and decrease biochemical oxygen demand under its Industrial Discharge Permit utilizing a fee exchange.
• Second reading and adoption of Ordinance 2024-10 amending Visalia Municipal Code Section 9.16 (Graffiti).

Council Member Hernandez Soto offered to pull item 10 so Kathy Falconer's questions could be answered; staff agreed to answer her questions outside the meeting, and the item remained on the consent calendar.

Regular Item: Formation of Underground Utility District

• Mike Porter of Engineering & Building presented the proposal to form an underground utility district along Goshen Avenue, east of Burke Street. Four power poles affected by the Goshen Extension project would be placed underground.
• The district boundary spans about 850 feet; the estimated project cost is about $990,000, funded by the City's remaining Rule 20A funds of about $1 million.
• Mayor Poochigian opened the public hearing at 7:46 p.m.; with no comments, he closed it at 7:46 p.m.
• Motion by Council Member Nelsen, seconded by Council Member Wynn, to adopt Resolution No. 2024-62; carried 5-0.

Regular Item: Appeal of Planning Commission Action — Downtown Rookies Sports Bar & Grill

• Council Member Steve Nelsen recused himself from this item. Vice Mayor Brett Taylor stated he consulted the City Attorney about a potential conflict of interest; City Attorney Ken Richardson confirmed no legal conflict existed.
• Planning Director Paul Bernal presented staff's recommendation to deny the appeal and uphold the Planning Commission's September 23, 2024 decision to revoke Conditional Use Permit No. 2011-18, which allows live entertainment and dancing at 215 East Main Street.
• Background: the CUP was approved September 12, 2011, for live entertainment four nights a week from 9 p.m. to 1 a.m. A declaration of public nuisance was issued March 25, 2021, due to excessive police calls for service. Calls escalated again in 2023 and 2024, and a CUP suspension letter was issued in August 2024. Staff analyzed calls for service, removing employee-generated calls, and found calls were associated with live entertainment activity, including fights, verbal disturbances, intoxicated persons, and a homicide investigation.
• Duane Rodriguez, owner of Rookies, acknowledged past issues and a violation of the 1 a.m. operating limit, described changes he had made, and requested support and clarity on sidewalk rules and the hot dog vendor operating near his entrance, which he said draws large crowds. He said the restaurant had received positive feedback and asked for the opportunity to prove the business could operate well.
• Public testimony:
  • April Lancaster, a downtown business owner within 300 feet, urged upholding the revocation, citing negative impacts on neighboring businesses, a strain on city resources, and raising conflict-of-interest concerns about Council members.
  • Michelle Kenner, a former patron, said she no longer visits because of increased sidewalk crowding and safety concerns, and asked Code Enforcement to address the hot dog vendor problem.
  • Bill Kitchen, on behalf of the Downtown Property Owners Association, expressed support for Rookies and its contributions to downtown, and supported reinstatement of the CUP.
  • Janeen Robbins, a downtown merchant, expressed support for Rookies and encouraged the City to work with Mr. Rodriguez.
• The Mayor opened the public hearing at 8:09 p.m. and closed it at 8:20 p.m.
• Council discussion:
  • Council Member Wynn said she would be in favor of reinstating the CUP with more stringent conditions, supporting staff's Alternative #3, ending live entertainment at midnight, and not allowing a DJ.
  • Vice Mayor Taylor said he wanted a policy to help the business thrive while keeping out bad elements and supported sending the matter back to staff to correct issues rather than shutting the business down.
  • Mayor Poochigian said he would like better crowd control, zero tolerance for future violations with automatic CUP revocation, and a trained bouncer with a guard card to clear crowds until closing.
  • Council Member Hernandez Soto said he sided with the police department and staff because safety is very important and said he would not support the appeal.
• Motion by Vice Mayor Taylor, seconded by Council Member Wynn, directing staff to work with the appellant on revised CUP conditions. The motion carried 3-1 (Ayes: Poochigian, Taylor, Wynn; No: Hernandez Soto; Recused: Nelsen).

Key Outcomes

• Approved Dump On Us program changes (six to four events annually plus two landfill vouchers per household per year): 5-0.
• Approved the 11-item consent calendar: 5-0.
• Adopted Resolution No. 2024-62 forming an underground utility district along Goshen Avenue: 5-0.
• Directed staff to work with Downtown Rookies owner Duane Rodriguez on revised CUP conditions instead of upholding the revocation: 3-1 (Hernandez Soto dissenting; Nelsen recused).
• Upcoming meetings: Thursday, October 24, 2024, at 5:30 p.m. (joint meeting with Visalia Unified School District at 5000 W. Cypress Ave.); Monday, November 4, 2024; and Monday, November 18, 2024, at 7:00 p.m.