Visalia City Council Meeting – November 18, 2024

The Visalia City Council met Monday, November 18, 2024, at 7:00 p.m. in City Council Chambers. Mayor Brian Poochigian presided; Vice Mayor Brett Taylor and Council Members Steve Nelsen, Emmanuel Hernandez Soto, and Liz Wynn were all present. The meeting included public comments, a 26-item consent calendar, a separate vote on an agricultural conservation easement, discussion of the Special Events ordinance, a short-term rental zoning amendment, and continuation of a conditional use permit appeal. The meeting was adjourned at 7:56 p.m.

Call to Order and Recognition

• Mayor Poochigian called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance and an invocation.
• The Mayor recognized Vice Mayor Taylor and Council Member Wynn on their election wins. No other special presentations were given.

Public Comments

• April Lancaster disputed prior accounts about the Downtown Farmers Market, accused Council Member Nelsen of interference and retaliation, and urged the Council to table the proposed special events changes and initiate an ethics investigation.
• Joel Moore commented on the recent Presidential election, political division, and called on leaders to communicate clearly and avoid divisive rhetoric.
• Eric Gibbons praised city staff, especially Paul Bernal, and cautioned that proposed single-family residential design standards could raise home prices by 10 to 20 percent, reduce usable backyards, and add city maintenance costs; he recommended an options-based approach for developers.
• Adriana Becerra expressed support for the Downtown Farmers Market, saying the recent shortening to half a block was discouraging.
• Raquel Arias opposed actions affecting the Farmers Market, supported keeping downtown benches, and said 'never again' should apply to everyone.
• Michelle Kenner thanked the Council for moving the Farmers Market hearing to December, noted the market has operated on Church Street since 1989, and requested a special provision for it.
• Maria Guillen said she was displeased that the public cannot respond after Council Members discuss public comments.

Consent Calendar

The Council approved the consent calendar with a 5-0 vote after removing items 8 and 21 for separate consideration.

• Items 1-7, 9-20, 22-26 were adopted as recommended, including:
  • Item 1: Authorization to read ordinances by title only.
  • Item 2: Construction management contract for Fire Station 51 with Griffin Structures, Inc.
  • Item 3: Five-year health benefits administration contract with Benefit Coordinators Corporation.
  • Item 4: Notice of Completion for the FY 23-24 Reclamite Project.
  • Item 5: $495,000 contract with JFS Enterprises for demolition and removal of 130 acres of walnut orchards around the Water Reclamation Facility, with $550,000 appropriated from the Wastewater Fund.
  • Item 6: Biosolids hauling contract with Romanazzi Trucking, not to exceed $170,000 per year and $850,000 over five years.
  • Item 7: Resolution No. 2024-63 adopting Mitigated Negative Declaration No. 2024-56 for the Cameron Creek Linear Recharge Project.
  • Item 9: Caldwell Avenue Widening Project construction contract with Avison Construction, Inc. for $14,741,768 and construction management services with Vanir Construction Management, Inc. for $480,090.
  • Item 10: Record final parcel map for Tentative Parcel Map No. 2024-02, splitting a 3.869-acre parcel near Chinowth Street and Caldwell Avenue into two commercial parcels.
  • Item 11: Record final parcel map for Tentative Parcel Map No. 2021-06 at 4234 South Demaree Street.
  • Item 12: Accept a $5,000 Best Friends Animal Society grant for pet reunification and foster programs.
  • Item 13: Village Park basketball court resurfacing to Juarez Brothers General Engineering, not to exceed $168,042.
  • Item 14: Sole source siloxane removal media contract with Unison Solutions, up to $245,000 per year and $1,225,000 over five years, plus $125,000 appropriations for FY 24/25 and FY 25/26 from the Water Reclamation Facility Fund.
  • Item 15: Application for 2025 State Homeland Security Grant Program funding for battery powered extrication tools, $63,643.39.
  • Item 16: Greater Kaweah Groundwater Sustainability Agency 2024-2025 Pilot Fallowing Program contracts for 138.91 field acres totaling $69,455 paid to the City.
  • Item 17: Extension and amendment of the Tulare and Kings County Hazmat Team Memorandum of Understanding.
  • Item 18: Park Booster Pump Installation Project to Quality Landscape Construction Inc., not to exceed $434,830.
  • Item 19: Elevator modernization with TK Elevator Corporation, $804,013, for both parking structures and Fire Station 52.
  • Item 20: One-year sole source ferric chloride supply contract with Pencco, Inc., not to exceed $125,000.
  • Item 22: Cybersecurity assessment and Cyber Resilience Program with Global Solutions Group, $174,036.
  • Item 23: Quadrant H landscape maintenance contract with Perfect Care Landscape and Maintenance, up to $162,638 per year.
  • Item 24: SB 125 State Transit funding agreements with Tulare County Association of Governments.
  • Item 25: Acceptance of the first quarter FY 2024-25 Cash and Investment Report for July through September 2024.
  • Item 26: One-time purchase of UPS systems with GigaKOM, $190,207.
• Item 8, Approval of the Agricultural Conservation Easement Form for Great Valley Land Trust, was pulled by Vice Mayor Taylor. Taylor abstained/recused, and the Council approved it 4-0.

Consent Item 21: Special Events Ordinance

• Item 21, second reading and adoption of Ordinance 2024-11 amending Visalia Municipal Code Section 12.48 regarding Special Events, was pulled by Council Member Hernandez Soto.
• Michelle Kenner provided a handout. April Lancaster spoke in opposition. Lisa Alvarado spoke in favor of the Downtown Farmers Market and requested assistance with its events.
• Council Member Nelsen said he had met with Michelle Kenner and wanted to pause for further discussion, but framed the ordinance as code cleanup language. Council Member Hernandez Soto called the ordinance targeted at one applicant; Council Member Wynn said the ordinance was not the solution; Vice Mayor Taylor said it was unrelated to the Farmers Market and clarified street frontage definitions.
• A motion by Vice Mayor Taylor to approve as recommended failed for lack of a second.
• A motion by Council Member Hernandez Soto, seconded by Council Member Wynn, to table the item failed 2-2 with Council Member Nelsen abstaining.
• A final motion by Council Member Nelsen, seconded by Vice Mayor Taylor, approved the ordinance as written and directed staff to schedule a February 18, 2025 work session on a viable special option for the Downtown Farmers Market. The motion carried 5-0.

Regular Items and Public Hearings

Short-Term Rental Ordinance

• Josh Dan, senior planner, presented the first reading of Ordinance No. 2024-12 / Zoning Text Amendment No. 2024-04 amending Chapter 17.32.166 (Short-Term Rentals) citywide. The changes apply to all R zones, including R1 single-family and RM multifamily zones.
• The proposed changes added enforcement fines of $100, $200, and $500 for first, second, and third violations within one year, and an annual permit renewal requirement. Renewals would need to be filed no earlier than 60 days before expiration and no later than 30 days after; operations must cease if renewal is not received within 30 days after expiration. Initial fee was $38, renewal $19.
• Council discussion focused on whether annual renewal was excessive. Council Member Nelsen opposed the ordinance as government overreach; Council Member Wynn questioned the annual fee; staff explained the renewal process helps maintain compliance and that software is being purchased to identify unregistered operators.
• The public hearing opened at 7:55 p.m. and closed with no public comments.
• The motion to approve the first reading carried 3-2: Nelsen, Hernandez Soto, and Wynn voted yes; Mayor Poochigian and Vice Mayor Taylor voted no.

Appeal – Conditional Use Permit No. 2024-17

• The Council considered an appeal of the Planning Commission's approval of Conditional Use Permit No. 2024-17, requested by Derek Finnegan / Lars Anderson & Associates, to amend CUP No. 2019-31 for a 172,000 square foot commercial building with general retail merchandise, a fuel dispensing station, and a car wash at the Commons at Visalia Parkway Shopping Center, located in the C-R Regional Commercial Zone on the southwest corner of South Mooney Boulevard and West Visalia Parkway.
• The Sierra Club provided a handout.
• Vice Mayor Taylor moved, seconded by Council Member Nelsen, to continue the item. The motion carried 5-0, continuing the appeal to the December 3, 2024 meeting.

Key Outcomes

• Approved the consent calendar 5-0.
• Approved the Agricultural Conservation Easement Form 4-0 with Vice Mayor Taylor abstaining.
• Approved Ordinance 2024-11 (Special Events) as amended 5-0 and set a February 18, 2025 work session on Downtown Farmers Market options.
• Introduced the short-term rental ordinance on first reading 3-2.
• Continued the Conditional Use Permit appeal to December 3, 2024 by a 5-0 vote.
• Upcoming Council meetings: December 3 at 7:00 p.m., December 11 at 5:30 p.m., and December 16 at 7:00 p.m. at 707 W. Acequia.

Closed Session and Adjournment

• The closed session report was given as 'nothing to report.'
• Mayor Poochigian adjourned the meeting at 7:56 p.m.