OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Visalia City Council Meeting - May 20, 2024: Cannabis Tax, Graffiti Ordinance, Annexation, and Logo Discussion

City Council — Monday, May 20, 2024
BodyVisalia, California
SessionCity Council
DateMonday, May 20, 2024
StatusFILED
Video Record
0:00 / 3:25:01

Transcript — Verbatim
0:07

Caught orderly work session of the Biseau City Council.

0:10

We're gonna begin with public comments.

0:12

Citizens are now invited to comments on issues within the jurisdiction of the Visaya City Council and items listed on the closed session.

0:19

The council asks that you keep your comments concise and positive.

0:22

Creative criticism presented with appropriate courtesy is welcome.

0:25

Each speaker will be allowed three minutes and a timer will notify you when your time is expired.

0:30

Please begin your comments by stating and spelling your name and providing your city of residence.

0:45

Good afternoon.

0:46

Jim Reeves, R E E V E S Vicalia.

0:49

I ran out of time last time, so I just wanted to finish up my comments.

0:54

As you recall, I was talking about the eighth anniversary of the Source LGBT Plus Center.

1:00

Got to 2023 and mentioned that 229 youth leadership opportunities had been uh handled by the source at that time.

1:10

We had 52,800 individuals in 2023 connected to the source for services and activities.

1:19

Over 8,000 people were enrolled in services and programs just in 2023.

1:27

In 2024, the source was awarded the James Irvine Foundation's leadership award.

1:35

There were six organizations and nine individuals.

1:39

So the source and their founders, Brian Poth and Nicholas Vargas were uh awarded this uh recognized.

1:49

It was a 350,000 dollar monetary award, which goes into the sources, at least some of it, I'm maybe all of it, I'm not sure, into their capital fund because we will need a bigger facility.

2:03

We need it now, but uh that's what we have now.

2:07

But uh so that was all I needed.

2:10

That much time to finish up last time.

2:12

Thank you very much.

2:13

No problem.

2:15

Any more public comment?

2:19

All right.

2:20

Bring it back to council here.

2:22

Uh, we're gonna start with uh work session item one presentation for possible tax measure.

2:37

Thank you, Mayor.

2:38

Council Devin Jones, economic development manager.

2:42

Uh I'll be accompanied by Mark Loveless, who's on route.

2:45

He's on his way out.

2:47

So I'm gonna go ahead and interest of time.

2:49

Let me go ahead and get started.

2:53

So today we're gonna start um the process of bringing the um possible local cannabis tax measure uh language back to council for consideration for the November 2024 ballot.

3:08

Um last council meeting, we received a report from FM3 research on polling uh for the potential uh tax measure.

3:18

Um the results found that there would be support for such measure.

3:23

Uh we had contracted um after direction from council in July to work with HDL companies to help us with that process.

3:33

Um HDL companies has been the selected consultant.

3:38

Um they've worked with a number of agencies, uh, Hanford and a few others in the area, uh, so they come uh highly recommended.

3:48

So again, today we're gonna provide uh brief overview of the cannabis policy, California, the city of Visilia and the region around.

3:56

Uh outline the local tax measure process ahead and take comments and input uh from council members on key provisions for the tax measure.

4:04

Um, some of the questions that were outlined uh in the staff report itself.

4:13

So the various cannabis business categories start all the way from cultivation through testing as well as manufacturing, um, which then also leads to another round of testing uh and distribution and retail ultimately to the consumer.

4:30

Again, um this is just to provide background into the industry itself.

4:35

Uh at this time we're not looking to uh pass an ordinance on the actual regulatory framework, um, but this information is meant to provide kind of the background of the industry itself.

4:49

In terms of cannabis licenses, uh in the state of California, there are nearly five 5500 cultivation licenses, 755 manufacturers, uh 1,243 retailers, 465 retailer non-storefront.

5:07

SB 1186, for instance, allows the medical retailer non-storefronts.

5:14

Around 1100 distributors.

5:16

Hi.

5:19

154 distributors, transport only, 402 micro businesses, 38 testing labs, and 46 cannabis event organizers.

5:29

And now we have Mark Loveless, the consultant that I've been working with from HDL, who will take over for now.

5:37

Thank you.

5:38

My polygons turn your microphone on.

5:40

We could hear you, but they can't hear you online.

5:43

There we go.

5:44

How's that?

5:45

Thank you.

5:46

My apologies again for being a moment late here.

5:50

Just by way of introduction, I'm Mark Lovelace.

5:53

I'm a senior policy advisor with HDL companies.

Discussion Breakdown — Share of Meeting
Public Engagement████████████████████20%
Cannabis Regulation███████████████████19%
Code Enforcement██████████10%
Solid Waste Management██████████10%
Zoning████████8%
Public Art███████7%
Public Works Recognition██████6%
Technology and Innovation████4%
Procedural████4%
Summary of Proceedings

Visalia City Council Meeting - May 20, 2024: Cannabis Tax, Graffiti Ordinance, Annexation, and Logo Discussion

The Visalia City Council convened on May 20, 2024, at 7:00 PM (with a work session at 4:00 PM and closed session at 6:00 PM) at 707 W. Acequia. The meeting covered a possible cannabis tax measure for the November 2024 ballot, revisions to the graffiti ordinance, a presentation on solid waste divisions, and several public hearings. Key votes included approval to bring the cannabis tax ordinance forward, direction to draft graffiti code updates, and annexation of an 80.61-acre property (Shirk-Riggin) into city limits. The meeting also addressed public comments on the city’s new logo, leading to a decision to discuss the matter at the June 3, 2024 meeting.

Consent Calendar

  • Approved 11 routine items in a single motion (5-0), except items 5 and 12 which were pulled for separate discussion.
  • Item 5 (ATP Grant Applications): Authorized submission of funding applications for Active Transportation Program Cycle 7 to the California Transportation Commission. The motion passed 5-0.
  • Item 12 (City Logo Discussion): Council approved adding an agenda item for the June 3, 2024 meeting to discuss and potentially provide direction on the new city logo. The motion passed 5-0 after extensive public comment.

Public Comments & Testimony

Work Session Public Comments:

  • Jim Reeves (Visalia) spoke about the 8th anniversary of The Source LGBT+ Center, noting over 52,800 individuals connected in 2023 and a $350,000 James Irvine Foundation leadership award.

Regular Session Public Comments:

  • Brian Thoburn (Southern California Edison) presented a $50,000 Edison Scholar award to Redwood High School senior Adam Hacker.
  • David Winter asked about Shirk Road expansion and resident notification.
  • Irene Lapin discussed population growth, noise, speeding, and urged a return to strategic planning sessions.
  • Amanda raised concerns about strict code enforcement on basketball hoops and parking.
  • Michelle Kenner asked for better enforcement of turn signal use and expressed safety concerns for pedestrians and cyclists.
  • Kathy French described conditions on St. Johns Parkway, including trash and illegal off-road vehicles.
  • On the logo issue (under Consent Item 12), 13 speakers opposed the new logo, citing cost ($150,000 total), lack of community input, and failure to represent Visalia. Speakers included April Lancaster (noting over 5,000 petition signatures), Rita Verde, Grace Jepson, Cecil Lopez, Efrain Becerra, Felix Barrientos, Kathy French, Sandra Sterett, David Winter, Michelle Kenner, Maria Guillen, and Annie Silva.
  • Annexation Public Hearing: Eddie Torres (Laborers Local 294) and Sergio Jimenez (Carpenters Local 1109) spoke in opposition, arguing that a full Environmental Impact Report (EIR) should be prepared rather than a Mitigated Negative Declaration.

Discussion Items

Work Session (4:00 PM)

1. Possible Cannabis Tax Measure (Item 24-0161)

  • Devon Jones (Economic Development Manager) and Mark Lovelace (HdL Companies) presented an overview of a potential local cannabis tax measure for the November 2024 ballot. The tax would apply only to cannabis businesses allowed by state law or if the council later permits retail sales. Key discussion points:
    • Tax rate: Council members expressed preferences for a maximum rate of 6-10% (final consensus on 10% as maximum, with initial rate around 6%).
    • Revenue estimates: Updated range of $500,000 to $1 million annually; council agreed to use $500,000 in ballot language (preferring conservative estimates).
    • Other provisions: Monthly remittance, annual audits, appeals to city manager, standard business license fee, and inclusion of state mandate language.
  • Council directed staff to bring an ordinance for voter consideration.
  • Motion by Council Member Nelsen, seconded by Council Member Hernandez Soto; passed 5-0.

2. Graffiti Ordinance Revisions (Item 24-0126)

  • Tracy Robertshaw (Neighborhood Preservation Manager) and Paul Bernal (Community Development Director) proposed updates to Municipal Code Chapter 9.16, including:
    • Reducing compliance time from 15 days to 7 days (plus 5 days mailing) to speed abatement.
    • Removing the “undue hardship” provision and replacing it with an alternative abatement agreement, including a paint program for property owners.
    • Streamlining the appeals process and eliminating the $500 reward section.
  • Council supported the changes and requested staff to explore a paint coupon program.
  • Motion by Council Member Wynn, seconded by Council Member Nelsen; passed 5-0.

3. Solid Waste Divisions Presentation (Item 24-0187)

  • Jason Serpa (Public Works Manager) and Nick Bartsch (Public Works Director) provided a historical overview and current operations of the Solid Waste Department. Highlights:
    • Services: 44 residential routes, 18 commercial routes, 4 roll-off routes; over 126,000 residential containers and 5,500 commercial bins.
    • New routing software (AMCS) improves efficiency and real-time tracking.
    • The ECO program (partnership with CSET) has diverted tons of debris and provided employment pathways.
    • Future technology: Five new trucks with 360-degree DVR cameras expected by October 2024; hydrogen fuel cell trucks anticipated by 2027.
  • No motion required; presentation received.

Regular Session (7:00 PM)

Measure N Public Hearing (Item 24-0171)

  • Amee Swearingen (Financial Analyst) presented the proposed budget for Fiscal Years 2024/25 and 2025/26 for Measure N (½ cent sales tax). Proposed amendments include:
    • Adding 4 positions (2 police officers, 1 digital evidence tech, 1 CSO).
    • Increasing street maintenance to $4 million in FY 24-25.
    • Increasing youth services and changing the uncertainty fund calculation.
  • No public comments; hearing closed. No motion required (informational).

Annexation No. 2023-01 (Shirk-Riggin) – Public Hearing (Item 24-0179)

  • Brandon Smith (Principal Planner) presented the request by YS Clancy Riggins, LLC to annex 80.61 acres (four parcels plus right-of-way) at the southwest corner of Shirk Street and Riggin Avenue into city limits. The property is pre-zoned for industrial/light industrial use (consistent with the General Plan). The environmental document is a Mitigated Negative Declaration (MND). No specific development proposal is attached.
  • Council discussed that an EIR was not required at this stage, as only annexation (jurisdictional change) is being considered. Future development would undergo separate environmental review.
  • Motion by Council Member Nelsen, seconded by Vice Mayor Taylor; passed 4-1 (Council Member Hernandez Soto voted no, citing desire for an EIR).

Key Outcomes

  • Cannabis Tax Measure: Directed staff to draft an ordinance for a local cannabis tax measure for the November 2024 ballot, with a maximum tax rate of 10% and a conservative revenue estimate of $500,000. (5-0)
  • Graffiti Ordinance: Directed staff to draft revisions to Chapter 9.16, including reduced compliance times and a potential paint program. (5-0)
  • Consent Calendar: Approved 11 items as recommended, with separate votes on Items 5 (ATP grants, 5-0) and 12 (logo discussion added to June 3 agenda, 5-0).
  • Measure N Budget: First public hearing held; no action required.
  • Annexation Shirk-Riggin: Approved initiation of proceedings and adoption of the Mitigated Negative Declaration; authorized the City Manager to execute a pre-annexation agreement. (4-1)
  • Special Recognition: Proclaimed May 19-25, 2024, as National Public Works Week.
  • Next Meeting: Monday, June 3, 2024, at 7:00 PM at the Visalia Convention Center (303 E. Acequia).

Meeting Transcript

Caught orderly work session of the Biseau City Council. We're gonna begin with public comments. Citizens are now invited to comments on issues within the jurisdiction of the Visaya City Council and items listed on the closed session. The council asks that you keep your comments concise and positive. Creative criticism presented with appropriate courtesy is welcome. Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence. Good afternoon. Jim Reeves, R E E V E S Vicalia. I ran out of time last time, so I just wanted to finish up my comments. As you recall, I was talking about the eighth anniversary of the Source LGBT Plus Center. Got to 2023 and mentioned that 229 youth leadership opportunities had been uh handled by the source at that time. We had 52,800 individuals in 2023 connected to the source for services and activities. Over 8,000 people were enrolled in services and programs just in 2023. In 2024, the source was awarded the James Irvine Foundation's leadership award. There were six organizations and nine individuals. So the source and their founders, Brian Poth and Nicholas Vargas were uh awarded this uh recognized. It was a 350,000 dollar monetary award, which goes into the sources, at least some of it, I'm maybe all of it, I'm not sure, into their capital fund because we will need a bigger facility. We need it now, but uh that's what we have now. But uh so that was all I needed. That much time to finish up last time. Thank you very much. No problem. Any more public comment? All right. Bring it back to council here. Uh, we're gonna start with uh work session item one presentation for possible tax measure. Thank you, Mayor. Council Devin Jones, economic development manager. Uh I'll be accompanied by Mark Loveless, who's on route. He's on his way out. So I'm gonna go ahead and interest of time. Let me go ahead and get started. So today we're gonna start um the process of bringing the um possible local cannabis tax measure uh language back to council for consideration for the November 2024 ballot. Um last council meeting, we received a report from FM3 research on polling uh for the potential uh tax measure. Um the results found that there would be support for such measure. Uh we had contracted um after direction from council in July to work with HDL companies to help us with that process. Um HDL companies has been the selected consultant. Um they've worked with a number of agencies, uh, Hanford and a few others in the area, uh, so they come uh highly recommended. So again, today we're gonna provide uh brief overview of the cannabis policy, California, the city of Visilia and the region around. Uh outline the local tax measure process ahead and take comments and input uh from council members on key provisions for the tax measure. Um, some of the questions that were outlined uh in the staff report itself. So the various cannabis business categories start all the way from cultivation through testing as well as manufacturing, um, which then also leads to another round of testing uh and distribution and retail ultimately to the consumer. Again, um this is just to provide background into the industry itself. Uh at this time we're not looking to uh pass an ordinance on the actual regulatory framework, um, but this information is meant to provide kind of the background of the industry itself. In terms of cannabis licenses, uh in the state of California, there are nearly five 5500 cultivation licenses, 755 manufacturers, uh 1,243 retailers, 465 retailer non-storefront. SB 1186, for instance, allows the medical retailer non-storefronts. Around 1100 distributors. Hi. 154 distributors, transport only, 402 micro businesses, 38 testing labs, and 46 cannabis event organizers.

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