Visalia City Council (5/1/23)

May 1, 2023 — Visalia City Council

Documented by Jackie Schuster

 Here’s what you need to know

• The Visalia City Council heard from residents concerned that allowing the Visalia Public Cemetery District to change land use designations near the cemetery and amend their conditional land use permit to expand the cemetery property would negatively affect their families, neighborhoods and schools. Ultimately, the council voted 3-2 to not approve the rezone and send the expansion plans back to the planning commission.
• The council authorized city staff to begin the Measure N amendment process to increase the Police Department’s budget for more body cameras and patrol vehicles.
• The council heard the first reading of an ordinance that would create an agricultural preservation ordinance to be added to the city’s municipal code.

Follow-up questions

• If the city did not approve the cemetery’s rezoning and permit changes but they moved ahead with their current expansion plan anyway, would there be repercussions?

Visalia City Council Members 

Liz Wynn, District One

Vice Mayor Brett Taylor, District Two

Mayor Brian Poochigian, District Three

Emmanuel Hernandez Soto, District Four 

Steve Nelsen, District Five

The Scene

The Visalia City Council meeting started at 7 p.m. All council members were present. 

Actions/Discussions/Public comment

• Public Comment
  • Gwen Schrank said that today is the first day of Mental Health Awareness Month, and as a mental health advocate she wanted to advocate for those who have been stigmatized by laws that “keep people with mental illness quiet and make them feel like they don’t belong.” She would like to educate the city by telling people that mental illness is a chemical imbalance in the brain, and she hopes that people who need mental help will speak up and seek out resources in the community. 
  • Barry Kaplan requested items two and three be pulled from the consent calendar.
  • Kathy Falconer said that the Party for the Planet event held on April 29 was a wonderful event, and she wanted to say thank you to everyone who participated.
  • Trina Martinez said that she has been following updates and emails from the city and noticed that they are often only provided in English. The city council meeting tonight had live Spanish translation, which she thanked the council for, but encouraged the council to send out written translations of all city materials to help community members feel connected.
  • Eric Carolina, coach of the Visalia Sharks football team, said that the team is in the middle of their season right now and he wanted to thank the community for the support they’ve received this year. He wants to discuss getting help from the city to get the team more tied into the community during their next season.
  • Gayle Simmons also thanked everyone who helped with the Party for the Planet event.

• Consent Calendar
  • Items 2 and 3 were already pulled, no council members pulled any other items. Nelsen motioned to approve the rest of the items. Taylor seconded the motion, which passed unanimously.
• Item 2, authorize city staff to initiate the Measure N amendment process to increase the city budget for patrol vehicles and body cameras for the Police Department
  • Capt. Dan Ford, from the Visalia Police Department’s administration department, gave a presentation on both items 2 and 3. The department has established a bundle for body cameras that they think both works with the department’s needs and will increase accountability and transparency for community members. Axon would also help the department transport current data on outdated equipment to cloud storage. 
  • More funding is also needed for the patrol vehicles. When the department was given approval to purchase new vehicles last year, they only had enough funds to purchase 12 cars but they needed to purchase 14. The increase in allocated funds will allow the Police Department to purchase all of the needed cars and also give them a cushion to replace cars over the next few years
  • Ford said the cost increase is due to inflation and the way Axon now creates their bundles, which is why they need more money allocated for these items. 
  • Kaplan said he pulled the items because the information provided in the agenda packet was vague, with only a list of software and no reasons why that software is needed. He said that most software listed were ones that would increase surveillance of citizens. Kaplan also said the funds listed for the patrol vehicles didn’t seem precise to him and he wonders how the department arrived at their numbers. He urged council members to keep an eye on these numbers and make sure everything is precise before they vote to allow the department to get more money. 
  • Lisa Alvarado said that the new Measure N Oversight Committee has a meeting next week on May 11, if any residents would like to attend. 
  • Ford said he wanted to clarify this process and how the funds would be approved. If the council votes to approve the authorization, this item will then be sent to the Measure N Oversight Committee, where the committee will get more information about the request. The committee may then make a decision, or send its decision back to the council for a public hearing. 
  • Nelsen made a motion to authorize city staff to initiate the Measure N amendment process to increase the budget for body cameras and patrol vehicles. Taylor seconded the motion, which passed unanimously. 
• Item 3, authorize city staff to initiate the Measure N amendment process for the conversion of one Measure N police officer allocation to two community service officer (CSO) allocations in the budget for fiscal year 2023/2024
  • Ford said that similar to what was already discussed, if the council voted to authorize staff to begin the amendment process, it would give the approval to bring this up to the Measure N Oversight Committee where more information will be given. He said it is cost-saving to hire two CSOs instead of one regular police officer. CSOs can respond to nonemergency calls and traffic accidents, and make reports. This frees up regular police officers to respond to emergency calls, reducing their response time. Ford said it is also easier to recruit CSOs who can become candidates for the police academy if they are successful in their CSO position. 
  • Kaplan said in the estimated budget in the packet, there is a “wild combination” of both vagueness and precision. He said in the packet, the cost of a patrol vehicle is listed as $80,000 for a regular police officer and $60,000 for a CSO. Kaplan said that as the council is the guardian of public funds, they and city residents deserve more in terms of description and clarity of funds. He also said that since the Police Department already receives at least 40% of city funds, the city needs to be careful with how many more funds it provides that department. He asked the council to vote no on the authorization and ask the Police Department to come back with more precise numbers.
  • Suzanne Gundy said that she would recommend that the Police Department look at CSOs not just for their training potential, but as a way of adding bicultural and bilingual community members who aren’t on the police officer career path. 
  • Colijia Feliz asked the council to consider adding the cost of mental health training or professionals to the department’s budget. 
  • Nelsen motioned to approve authorizing city staff to initiate the Measure N amendment process for converting one regular officer to two CSOs. Soto seconded the motion, which passed unanimously. 

• Regular Items 
• Item 1, public hearing to consider the Planning Commission’s recommendation to approve General Plan Amendment Number 2022-01
  • Cristobal Carrillo, an associate planner in the city’s planning division said the item involves examining two different recommendations from the Visalia Planning Commission regarding General Plan Amendment 2022-01: approve the request from the Visalia Public Cemetery District to amend the General Plan Land Use Map, changing the land use designation of 15 parcels totaling 3.33 acres and one parcel totaling 0.24 acres from residential low density to public institutional. It also involves the examination of one recommendation from the Planning Commission to amend Conditional Use Permit 2005-08, which would allow the Visalia Public Cemetery District master planned area to expand over 13 parcels totaling 2.8 acres. 
  • Carrillo said that eight of the 16 sites the cemetery district would like to expand to are currently occupied, with those eight sites having about 15 units among them. He said the reason for the expansion request is that the cemetery owns a property that is outside its current site and would like to move it on its property.
  • Carrillo said that the cemetery district would like to state they have never forcibly acquired property to expand the cemetery. The sites the district would like to buy would be bought at staggered dates that are not yet scheduled. If the amendments are approved, the cemetery district will immediately purchase the sites on North Rinaldi Street that are currently vacant. Other sites would be developed in the future, some in a time frame past 10 years. 
  • The Planning Commission first heard this issue at a meeting on March 27, where the cemetery district said the project was necessary due to decreasing capacity in the cemetery. In that same hearing, public comments were heard stating that the neighborhoods near the cemetery would be affected and that the district’s plan was unsustainable. 
  • At the March 27 meeting, the Planning Commission approved the conditional use permit and recommended approval of the rezone to the council. Carrillo said that if the rezoning amendment fails tonight, the Planning Commission’s decision to approve the conditional use permit will be nullified. 
  • Carrillo said the loss of any housing due to this expansion would be a small percentage of the residential capacity in Visalia, and would not be significant. The expansion is compliant with Housing Element policies and almost fully compliant with the 2005 land use master plan, as the only site that is not currently compliant would become compliant through this expansion. 
  • Carrillo said that one letter sent in for public comment cited a survey of 45 people, 80% of which were in favor of creating a second cemetery instead of expanding the cemetery. 
  • The applicant, Tom Johnson, chair of the Visalia Public Cemetery Board, said that board members are appointed by the Tulare County Board of Supervisors. His predecessors on the cemetery board had made plans, including the 2005 master plan, that would allow the cemetery to continue its services. Johnson said that the cemetery has not taken properties to expand the cemetery, but instead bought properties as they appeared on the market. 
  • Johnson said he was confused about why their request is causing anxiety among Visalia residents. He said that the master plan the cemetery is working from has been in existence for 40 years, and the rezoning will only affect 16 properties. Johnson said he believes social media, letters or emails, have spread some misinformation, and that is why people are so nervous about the proposals.
  • Walter Deissler, one of the cemetery architects, said that this master planning has been expanding and going on for many years. Four homes were removed from 2009-2014, three of which were already zoned as quasi-public. There’s an area above Turner Street that the cemetery has expanded into in recent years because it was also already zoned quasi-public. 
  • Deissler said that since many recent burials have been ash burials, the cemetery could have an additional 93 years of burials on the property. He said another factor to consider is the cemetery acquiring another cemetery location. Deissler said there are two pioneer cemeteries in the city but they are very small and have not been used since the 1950s or ‘60s, so these are not locations the cemetery could expand on. He also said that managing multiple cemetery locations would increase operating costs, which would increase burial costs for residents. 
  • Soto asked if the data for the 93 projected years of burial takes into account the population increase that could be seen in the city over those 93 years. Deissler said it doesn’t, but if rates of ash burials increase even more that could increase the years of burials possible. 
  • Deissler said the cemetery has never used eminent domain to acquire properties. They purchase properties at market value, he said, and also included multiple letters in their packet from families who asked the cemetery to purchase their properties. 
  • Wynn asked if as part of the conditional use permit, the cemetery would agree to never use eminent domain. Johnson said he can’t speak for future trustee boards, and he can’t say future boards would never use eminent domain. 
  • Public comment for the item
  • Gwen Schrank asked the council to vote no on these amendments because the master plan started in 2005 before the city had its current homelessness problem. She said the other two cemetery sites in the city should be invested in instead so that burial space can be used there. Schrank said it doesn’t make sense to her for the city to spend money creating affordable housing in the city while also spending money to take affordable housing away. She said that she opened a nonprofit to create housing for homeless youth without any help from the city, so it would be disappointing for her if the city took housing away from people. She asked if the council should be more focused on helping people who are alive or dead. 
  • Erika Rivera said she attended all the schools in the areas surrounding the cemetery and would urge the council to not approve the conditional use permit or rezoning. She said there is no longer a sense of community on those streets because the area is empty. She said the cemetery also doesn’t practice great business and properties it owns are run down. 
  • David Dye, who lives on Rinaldi Street and owns his home there, said he noticed that his home and some of his neighbors’ homes are on the map showing the expansion areas. Dye said it’s a tight-knit area with lots of long-term residents. To take these homes or run people out of those homes makes no sense to him. He said that the cemetery was built during the Civil War, and the city population has grown much since then so it’s time to build another cemetery. 
  • Randy Villegas, trustee for Visalia Unified School District Area 6, which encompasses some of the areas in the cemetery’s proposed expansion, said there were families waiting in the City Council overflow room from Houston Elementary who are worried about what will happen to their children’s school and their houses if the amendments are approved. Villegas said we already have an affordable housing crisis and there’s no guarantee that people who get bought out of their homes could afford to relocate. He encouraged the council to vote no because there is no telling when the expansion of the cemetery will stop. He said the city should consider using the city-owned golf course as a location for cemetery expansion instead. 
  • “If the city won’t consider disrupting business as usual for some of the city’s more affluent members, we shouldn’t consider interrupting the lives of those less affluent,” Villegas said.
  • Adrian Leal, Houston Elementary School principal, wanted to share the concerns of some Houston Elementary School families. As the cemetery is considering expanding, he said it is making it harder for some nearby families to find affordable housing that is near their school. He asked the council to do what was best for the community and students. 
  • Maria Guillén said a loss of housing for even one family can have unseen ramifications since there are already many people in Visalia without homes, and displacement is a major risk in this situation. She said that just because some zoning issues have paved the way for this expansion before doesn’t mean they should continue to do so. While this rezoning was approved in 2005, so much has happened between then and now, including a major housing crisis, and previous decisions should be reconsidered in light of that. If there is still space in the cemetery for burials, then the cemetery should continue using up this space while looking for a new cemetery location. She quoted Mother Jones, saying they must “mourn the dead, but fight like hell for the living.” 
  • George Azunion, who served on the Visalia Public Cemetery Board for 17 years, said it would be too expensive to create a second cemetery that would need water systems, offices and other features. He said the cemetery board has been doing exactly what the master plan said to do 
  • Randy Everson said that there has been concern over the cemetery expansion since he was on the Citizens Advisory Committee in the 1990s. He said while it is true that the cemetery isn’t forcing residents out of their properties, it is also true that residents who would have to leave their current properties would likely be unable to find housing for similar prices anywhere in the city. He thinks the country club could be a viable option for a cemetery, but finds that a bit ridiculous, as he also finds it a little ridiculous to remove people from their homes when there are other options. 
  • Vanessa Gonzales lives within 300 feet of the cemetery zone and said that many of her neighbors are at the meeting tonight concerned about their housing and their children. She said that all council members said they value affordable housing during their election runs, so when she sees them considering taking homes from her neighbors and asking them to find an affordable home somewhere else, that is upsetting to her. She said she keeps hearing the words insignificant and significant being mentioned, but these people who would be affected are significant. For them to be treated like just a number is dehumanizing, she said, adding that this community is mostly people of color who are already marginalized.
  • Rodriguez said that the Visalia Unified School District made a mistake many years ago to allow the cemetery to take over land which could have provided more children with safe areas to walk to school and live. “Poverty sometimes causes us to make rushed decisions, so when put under pressure, what else do you do but offer up your home for sale,” she asked. Rodriguez said it sounds like the cemetery district should be investigated, if the properties it rents to families are being allowed to deteriorate so it can sell them and expand on that property. She asked for the council to vote for no expansion or rezone.
  • Hollis Elliot Fernandez, neighborhood resident, said that there are 15 current lots that have been demolished by the cemetery district, one of which she couldn’t find the proper demolition permits for on file with the city. It raises concerns for her as a local real estate agent because when she has to demolish a property they have to submit inspections about asbestos, lead paint, etc. If these were not done, then what else went on during those processes, she asked. New buildings in Visalia are not affordable; she said currently on the housing market in Visalia there are 126 active units and only 11 of them are under $300,000.
  •  The least expensive advertised rental unit she has seen recently is just under $1,200. There is no affordable housing here, so her recommendation is to vote no on this. 
  • One resident said she has lived in that neighborhood for over 30 years. There used to be more houses, more neighbors. The cemetery has bought and demolished almost all the houses near her, making her neighborhood feel lonely and more unsafe. She said she worked for the county for 22 years to be able to buy her house, and this decision affects the future of her and her family. She asked the council to not approve the expansion. 
  • Feliz said she has worked with children in VUSD who say they don’t believe the local government cares about them and that the cemetery should consider the impact that taking homes away could have. People living in that neighborhood may not have the money to acquire another home. This expansion is not a final solution, she said, and this issue will happen again. She asked if the next solution was to take away Houston Elementary School. Feliz said that if this isn’t a final solution, we should evaluate other land solutions that can continue to grow without taking away homes or education. She said that families consider it grief and loss when they lose their home or neighborhood, and that should be considered in this decision – all of those losses should not be disregarded. 
  • Another Rinaldi Street resident said she has had three neighbors (three multigenerational family homes with 4-10 people in each home) removed in the last six months. She and other neighbors didn’t know what was happening; they didn’t know the cemetery owned those houses. She said she was shocked to find the cemetery owned those homes because the conditions were awful. “The cemetery is the slumlord, they’ve given people these homes, they don’t keep them up, then eventually they kick them out,” she said. She has been uprooted from housing before, and it’s a very stressful process. She enjoyed having families around her, but it’s a lonely area now. She just stares at a cemetery outside her door instead of neighbors. 
  • Alberto Aguilar, a Tulare resident, said he got a phone call from a trustee on the cemetery board regarding this issue. He then drove to look at the other two cemeteries owned by the Visalia cemetery district and was appalled at their conditions. Aguilar said there is plenty of room in the other two cemeteries. Tulare has two cemeteries, and Tulare takes care of their cemeteries. 
  • “Public cemeteries get funds from the county, from taxpayers in that district. If you get funds to maintain a cemetery, that’s exactly what you’re supposed to be doing… why aren’t these properties being maintained? Why aren’t they being utilized? We’re looking at an expansion of 3 acres, but the land [at the other properties] is more than that,” Aguilar said. 
  • Aguilar also said that people at the meeting have a right to complain about what’s going on, and said there is a Brown Act violation if public comment is reduced to 30 minutes in reference to Poochigian’s earlier statement that they could only allot 30 minutes of public comment for this item.
  • Gundy said the decisions made in 2005 were wrong then and are wrong now. She said her family was able to purchase low-income housing on the north side of Visalia, and it takes a lot of work to maintain low-income housing because tenants don’t pay a lot of rent but you have to do the best you can. She said the cemetery district previously bought a property with the intention of using it for expansion but then sold that land. 
  • Janie Huerta said there are many families who walk their kids to school from these neighborhoods, and it’s a big community that this expansion would disrupt. The other cemetery locations should be maintained. 
  • Ramon Macoreno said the Visalia Public Cemetery District’s presentation was very well thought out, as they showed pictures of empty lots instead of pictures of houses so people didn’t get emotionally attached to the homes that may be bought and demolished. He said he doesn’t understand what the sense of urgency is; why not wait to make a decision on this until the next general plan is done? He said he believes this sense of urgency is because the price of housing is going up and the cemetery district would like to buy houses before costs continue to rise. He said homeowners in the cemetery district may have no one willing to buy their homes other than the cemetery. He urged the council to wait to make this decision at a later date. 
  • Lucia Vasquez said that the cemetery master plan needs to change, because “we’re not the same place we were in 2005. We know we have houses where two to three families live in one home because housing is so unaffordable.” Vasquez said that some of the yard and playground space in Houston Elementary School has already been taken by the cemetery and that every year she was on the school board, the cemetery asked for more school property. She asked the council to vote no on the amendments. 
  • Simmons said she looked at the Pioneer and Elbow Creek cemeteries today, and there are no fences or signs. These locations haven’t been kept up. Simmons said there’s also the option of having a dryland cemetery, or other outside-of-the-box options like using the golf course as a second cemetery or purchasing other property for a second cemetery. 
  • Rosie Huerta has kids that go to Houston Elementary School and asked the council to vote no. She said residents of that area worked hard to create the park nearby, and if the cemetery keeps expanding that park and Houston Elementary School could be bought out.
  • Tulare County Supervisor Eddie Valero said, “It is expensive to be poor… over the course of these disasters we’ve had, when devastation happens it usually happens in the most vulnerable communities.” 
  • Final comments from the council: 
  • Nelsen said he appreciates all the comments, but it offends him that people brought up color. He said he “doesn’t look at color”, he looks at family. He told everyone who said the city isn’t doing enough for affordable housing to take their complaints to Sacramento because regulations from the state have increased housing costs. He said he agrees that it’s devastating that a neighborhood is being wiped out, but he is being condemned for something he hasn’t even spoken about yet. Nelsen said he doesn’t understand why there wasn’t a similar outroar in 2005, as that is when this outroar should have been. He said he thinks there is a better way to achieve what is best for the neighborhood, cemetery and city. He said the whole time he’s been on the council, no one from the neighborhood has come to the council to ask for help or say that their neighborhood is being taken away from them. He said that we should have better dialogue on issues like this.
  • Wynn told Nelsen that she thinks the uproar is occurring now because people feel empowered and like they have a voice. She would like to send this back to the Planning Commission for further review. 
  • Soto said the cemetery is in his district. He has questions about the demolition permits one commenter brought up – does that affect anything, and are there repercussions if it’s found that the cemetery did not have the right permits? 
  • Paul Bernal, director of community development, said any demolition request would be required to pull a permit and clearance from the stateAir Resources Board to note that there is no asbestos or if there is, what they will do to mitigate that. He asked a city staff member to pull those permits, and they did find three demolition permits that have been applied for in that area. Bernal said he will ask staff to check for permits and papers. In regards to repercussions, there are penalties they can assess if demolition were done without proper permits. 
  • Soto said that the timeline proposed to the Planning Commission was that homes would be demolished in five to 10 years, but the timeline proposed today was 1-10 years, so what is the actual timeline? 
  • Deissler said it would be at least eight years of vacant lots on Rinaldi Street. There are 5-6 years of existing sites the cemetery has to build on, plus another eight years before any additional sites are needed on Rinaldi. 
  • Soto asked if building up had been considered by the cemetery.Deissler said yes, that is being considered. That is where the increase of availability in the analysis came from, because they could potentially build up with ash burials. 
  • Taylor wanted to clarify that the cemetery district is its own district. The cemetery district could continue buying and tearing down properties even if the city voted no on these amendments, so he said people should go talk to the Visalia Public Cemetery Board or the Tulare County Board of Supervisors as they are the people who can change the policies. With housing costs, it may be worth considering buying cheaper land elsewhere. He said he kind of agrees with residents, but these policies have been in place for 18 years and he does not want to undo all the money the cemetery has spent on these plans. Because of that, he will be supporting the cemetery’s plans.
  • Poochigian said he understands how people feel but the city has very little jurisdiction. It would make more sense to him to purchase property in the country for the expansion but the decision is not up to him since the city does not own the land or appoint any cemetery district members. The cemetery board has been doing this work for years, so he can’t support telling the cemetery they can’t continue that work. He thinks a discussion between the Board of Supervisors and the cemetery district needs to happen regarding the long-term plan because this plan isn’t sustainable. 
  • Bernal said that given the comments that staff has listened to from the council and that the presentation occurred over an hour ago, he wants to remind the council of their options today. The council can vote to recognize the 2005 approvals while also not allowing the expansion to occur. 
  • Wynn – if we deny this today, can we waive the entitlement processing fees and ask them to come back?
  • Bernal – I don’t know if the city can waive entitlement fees. 
  • City attorney – You can vacate the decision of the Planning Commission and allow the applicant to re-engage the planning commission again. 
  • Wynn – If we respect the 2005 general plan is there some way to add in the plan that they can not use eminent domain?
  • City Attorney – Theoretically, if the applicant was in agreement with it, it could be in there. 
  • Wynn moved to vacate this project back to the Planning Commission staff to come back to the council after negotiations with cemetery staff in 4-6 weeks. Soto seconded the motion. The motion passed 3-2, with Poochigian and Taylor voting no. 
• Item 2, public hearing and first reading of Ordinance Number 2023-02 to create an agricultural preservation ordinance that will be implemented in the Visalia General Plan Land Use Policy
  • Taylor recused himself from this item because of some perceived items of interest. 
  • Bernal said that city staff has finished the 32-day public review period, where staff received eight public comment letters, some of which resulted in revisions. The revisions are: the definition of public facility expanded to include public cemeteries and hospitals, an exclusion allowed for affordable housing projects, removed a requirement for a demonstration of no land being available within a 10-mile radius, and allowed in-lieu fees to include any purchases made in the five-county region. 
  • Nelsen asked why there is an allowance for just one water source when good farming should require two viable water sources. Bernal said that the allowance for just one water source is consistent in other agriculture preservation ordinances, however, the way that the ordinance is worded wouldn’t preclude a trust from requiring more water sources shown during the appraisement process. 
  • City Manager Leslie Caviglia said this is also to take into account the fact that some lands may have different amounts of water sources during different years, so this ordinance would allow room for many people to meet the requirements. 
  • Poochigian said it’s frustrating that the city is in the situation where they have to be creating this ordinance because it will increase the cost of housing when they just heard comments about needing housing to be more affordable here.
  • Open for public comment on this item 
  • Daniel O’Connell said there is a big loophole in the structural integrity of the document. He said farmland advocates and the conservation community won’t allow Visalia to be alone with this, every other city will be pushed to follow the law with ordinances like this. 
  • Simmons said she is concerned that in the future if Visalia loses water, she would be unable to sell her home. She thinks we need to use purple pipe where we can and build up, not out, she said. Simmons said that builders should follow the market with their prices and not have to up prices because of this ordinance. 
  • An appraiser who is also a farmer in Tulare County said that the public facility exemption that was added would include public roads, as they are public facilities. She sent in a letter about this ordinance because any land under 5 acres is not necessarily economically viable. She said a 20-acre minimum is more viable and if we’re going to save agriculture, we need to make sure it’s economical. She doesn’t understand where the 35% piece in the document came from and said it seems like a number picked out of the air. 
  • Trisha Stever-Blattler, executive director of the Tulare County Farm Bureau, said she sent a pretty comprehensive letter with some thoughts that did get included in the ordinance. She said it’s a challenge to protect farmland while also allowing components of the right to farm, right to water and private property rights to be eroded, while the government is overstepping in telling farmers how to do business. She wishes they could all be on the same page, but protecting the ability to farm is more important. 
  • Dave Crinklo, farmer and developer said that local roads being included in the document would be helpful. 
  • Wynn asked if we add all local roadways and drop the 35% to something else, would the city be challenged over that?
  • Bernal said if the council wants to discuss that and come to some decision, that’s in the council’s purview.. In regard to the 35%, he said the city may need to make some changes over time. He recommends that they keep the 35% in place and be prepared to make changes if needed. 
  • Wynn – If we put something in a conservation easement and suddenly they have no water or way to irrigate their crops, are we then going to have to go back and change it?  
  • Bernal – If that issue were to come up, we would then have to figure out what the remedy is at that time.
  • Nelsen said he is not in favor of ag mitigation, he feels like the council is being held hostage over this. They can either fight it in court or come up with a simplistic ag mitigation plan, so they chose the mitigation side, but he questions if this is simplistic. He said 5 acres is not viable anymore, so it should be changed to 20 acres. Local roads should be included, and he will still advocate for two viable sources of water. 
  • Nelsen said he’s tired of things like this being forced on the city from Sacramento because they don’t understand where their food comes from. He said ag is being attacked from every direction and he is amazed that the farming industry can even stay in business. He said it is a shame what Sacramento is doing to farmers and it’s time the city sends them a message.. He’s against ag mitigation but if this is the most simple way we can do it then we’ll do it. 
  • Poochigian said he is also tired of farmers being perceived as an enemy. It isn’t an easy job. He said we need to also include roads. He’s OK with the 35% because it can be adjusted, he would like to check it in a year or two to readjust though. He is also against ag mitigation, but if this is the simplest way then he is willing to take it. 
  • Nelsen motioned for the first reading with the amendment to include local roadways and an increase from five acres to 20 acres, which Wynn seconded. The motion passed 4-0 with Taylor absent. 

With no closed session report, the meeting adjourned at 10:24 p.m. The next Visalia City Council meeting will be held on Monday, May 15 at 7 p.m.

Conversation highlight

• “If the city won’t consider disrupting business as usual for some of the city’s more affluent members, we shouldn’t consider interrupting the lives of those less affluent,” Visalia Unified School District Trustee Randy Villegas said.
• “It is expensive to be poor… over the course of these disasters we’ve had, when devastation happens, it usually happens in the most vulnerable communities,” Tulare County Supervisor Eddie Valero said.

If you believe anything in these notes is inaccurate, please email us at fresnodocs@fresnoland.org with “Correction Request” in the subject line.