Agenda Item Wording:
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Ordinance Adoption - Second reading and adoption of Ordinance 2024-10 amending Visalia Municipal Code Section 9.16 Graffiti.
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Deadline for Action: 10/21/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Tracy Robertshaw, Neighborhood Preservation Manager (559)713-4187, tracy.robertshaw@visalia.city <mailto:tracy.robertshaw@visalia.city>
Paul Pernal, Planning and Community Preservation Director, (559)713-4025, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2024-10 amending Visalia Municipal Code Section 9.16 Graffiti per the attached Ordinance No. 2024-10.
Summary:
On October 7, 2024, the City Council held a public hearing to introduce Ordinance No. 2024-10, a request to amend Visalia Municipal Code Section 9.16 Graffiti. During the public hearing, the City Council received a staff report, and a staff presentation on changes made to the Graffiti ordinance based on their direction. After the item was presented and no public comments received, the City Council voted 5-0 to introduce Ordinance No. 2024-10.
Background Discussion:
On May 20, 2024, a work session item was held with the City Council to conduct a review of the ordinance requirements related to Graffiti Abatement. During the presentation, and as noted in the staff report, several areas of the Graffiti ordinance were identified that required correction. Based on direction received from the City Council, staff prepared updates to the Graffiti Ordinance.
On October 7, 2024, staff presented the first reading of Ordinance No. 2024-10 which identified the following sections being updated as follows:
1. Section 9.16.070 Removal
2. Section 9.16.070 (C) (2) (3) (4) and (5) Undue Hardship
3. Section 9.16.080 Appeal of Cost Removal
4. Section 9.16.090 Responsibility
5. Section 9.16.120 Reward
The second reading of the ordinance is the final action the City Council takes in order for amendment of Visalia Municipal Code Section 9.16 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Fiscal Impact:
N/A
Prior Council Action:
• On October 7, 2024, City Council introduced Ordinance No. 2024-10.
• On April 15, 20204, City Council directed staff to move forward with revising Visalia Municipal Code 9.16 Graffiti.
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the second reading and adopt Ordinance No. 2024-10, amending Visalia Municipal Code 9.16 Graffiti.
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Environmental Assessment Status:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) which states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
CEQA Review:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA).
Attachments:
1. Ordinance No. 2024-10 Amending Section 9.16 Graffiti
2. City Council Introduction and First Reading Staff Report dated October 7, 2024