The owner of the Downtown Visalia Certified Farmers Market says the city’s new limit on the events requiring street closures is aimed at hamstringing her popular weekly gatherings. City leaders, however, say it’s a case of a personality conflict and self-interest.
City Seeks Limits to Road Closures for Events
At the center of the strife are changes made to the city’s municipal code limiting the number of road closures for events. When the ordinance was originally rewritten last year, it placed a cap on the number of times a business can request road closures for outdoor events. But the limit is only for events that stretch beyond the front of the storefront hosting them. Events held within the immediate street front of the host business remain unlimited.
April Lancaster – who owns the Downtown Visalia Certified Farmers Market that has sporadically operated along Church Street between Center and Acequia avenues for decades – believes the ordinance change is intended to force her to move the market by reducing the capacity to host vendors.
Those at City Hall who support the change say neighbors have complained about limited access to their businesses during the farmers market. They also said having the market extend across Main Street while it remains open to traffic poses a threat to public safety.
After a pointed debate at its meeting on Monday, November 4, the council approved changing the ordinance in a 4-1 vote. Council Member Emmanuel Hernandez Soto cast the no vote.
Owner Says City Targeted Farmers Market
As the law reads after Monday’s vote, businesses may apply for an unlimited number of events outside their doors, but limited to the nearest cross streets. Those who wish to hold events that extend farther may request up to 12 exceptions annually from the city.
Including a clause allowing unlimited street front events, Lancaster said, was an attempt by the City Council to grant an exception for beverage sales at the Fox Theater, which closes part of Encina Street during shows. Lancaster said she used the exemption to avoid the city’s intent to force her farmers market to move. That, she contends, made her a thorn in the side of the city neighborhood preservation director Tracy Robertshaw.
“They put in a loophole for the Fox Theater so they can shut down the street to sell alcohol,” Lancaster said. “I guess she (Robertshaw) didn’t realize I had a storefront on Church Street.”
More Hurdles for Farmers Market
When Lancaster submitted her application to hold the farmers market last year, its approval included an end date she said was added by Robertshaw. This had not happened in previous years. The addition of an end date was, however, in compliance with the city’s new limit on extended events.
“Once we got close to the end date she penciled in, I asked for a continuation,” Lancaster said. “She (Robertshaw) came back with me needing to get a petition signed by everybody in the Bank of Sierra Building. I think they thought it was an impossible task, but I got it.”
The city required her to gather the signatures of 60% of other business operators in the area where she wished to operate on a so-called “good-neighbors” petition. However, when she submitted the required signatures, Lancaster was told it was done incorrectly.
“They said it wasn’t in the right format, so they made me do it twice,” she said. “They ended up forcing the market to close for two weeks, because of this good-neighbor petition.”
Lancaster said her business lost more than $13,000 as a result of closures forced by the city.
Tulare County-based grower and vendor Jacob Finley, who sells at all three farmers markets in Visalia, said it appears that the city is specifically acting to hinder the farmers market downtown without sufficient reason.
“The way this ordinance is written, it does limit the ability to operate, in particular, this farmers market,” he said. “It does limit my ability, as a producer, as a grower, to sell to the public of Tulare County.”
Market Owners, Councilors Admit Issue is Personal
Councilor Steve Nelsen, however, appeared to have a personal issue with Lancaster that he expanded upon during the Monday council meeting. Nelsen said he’s been the target of undue scrutiny because of his stance on limiting the area where the Downtown Visalia Farmers Market can operate.
“A lot of damage has been done,” he said. “For you in the audience who don’t know this, my car was photographed because I was parking on private property, and it was put all over social media.”
Nelsen said business owners and managers on Church Street only signed the good-neighbors petition out of fear of Lancaster.
“The good-neighbors policy is signed. You want to know why the good-neighbor policy is signed, because I’m telling the truth again?” Nelsen asked the audience prior to the vote at Monday’s council meeting. “They know what I’ve gone through for the last two years. They’re scared to death: ‘To make it go away, I’ll sign the document.’”
Nelsen is executive director of Downtown Visalians, a lobbying organization promoting business interests in the downtown region. Lancaster has accused Nelsen of having a financial conflict of interest, because the organization is partially funded by the city.
Mayor Brian Poochigian, who previously said the city has spent too much time on this issue, also made a critical comment directed at Lancaster prior to the vote.
“To say, ‘I want to hold an event, but I don’t want to hold it in front of my business, but I want it in front of someone else’s business,’ that’s the definition of selfishness,” he said.
Council Says Ordinance is Adequate
As the city ordinance on events now stands, Lancaster can hold an unlimited number of events on Church Street where her storefront is located. The events can use Church Street from Main Street to the alleyway to the south. The alley must remain open so guests of the Comfort Inn located nearby can access the parking area.
Lancaster, or any other business operator, can apply for 12 yearly extended events, provided the good neighbors petition is in place. Councilor Liz Wynn said that should be sufficient for the market’s operation. However, more adjustment might be needed. She urged delaying the change.
“I don’t see this as limiting, but I’d just like to suggest we hold off on a decision until we can get some sort of compromise, because it is a valuable service to have a farmers market,” Wynn said. “But we cannot continue to impede the neighbors.”
But with the cap now in place, the farmers market will be limited to a smaller number of vendors when now allowed by the city to operate on Church Street north of Main Street. The area north of Main can accommodate 20 vendors. The area south of Main has capacity for only 13 sellers.
Personality Conflict Makes Compromise Difficult
Some of those who spoke in opposition to amending the events ordinance claimed the city had not worked hard enough on reaching a workable understanding with Lancaster.
“We worked hard to try to deal with her,” Wynn said. “We tried to find a compromise.”
Lancaster, Wynn said, refused money offered by a third party to pay for moving the market to either the Garden Street Pedestrian Plaza or Recreation Park. Lancaster refused the offer, saying both alternate locations are inferior to Church Street, where the market has historically operated.
Lancaster, however, later reconsidered her decision. But it was too late. The would-be financial backers had their own second thoughts. Nelsen said Lancaster “stormed” out of his office when he made the offer or a similar one.
“They don’t want to be associated with her,” Wynn said. “She’s tainted.”
Wynn said Lancaster has been belittling to members of the city council and is focused on her own desires above those of the interests of the community-at-large.
“It’s not about what’s best for the farmers market. It’s about what’s best for April Lancaster,” Wynn said. “I’d say that to her face, I’m tired of her insults to the council.”
Councilors Want Further Compromise on Farmers Market
Despite her distaste for the way the issue has played out between the people involved, Wynn said the city is still willing to work to do what’s best for all involved.
“I don’t want to stir this pot too much. We do want to work out a deal,” she said. “This is really a personal issue.”
The council consensus is apparently fixed on moving the Downtown Visalia Farmers Market, perhaps even out of the downtown area. Wynn said Recreation Park on Center Avenue would be an ideal location for the market.
“Having it at Rec Park would be so good,” she said. “North Side residents could just walk over there. There are options where you don’t have to cut streets and inconvenience others, especially Comfort Inn.”
Comfort Suites Visalia is located on Church Street at Acequia Avenue.
Councilor Emmanuel Hernandez Soto, however, opposes changing the ordinance in order, he believes, to force the farmers market to relocate.
“I was against this the first time, I’m against it now,” he said. “I don’t know why we are picking on the farmers market.”
Contending with the issue further is a waste of city resources, he said.
“We’re spending way too much time on this, just to pick on one person,” Soto said. “I’m sorry, but I will not be supporting this tonight.”