RESOLUTION NO. __-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
ADOPTING THE SOUTH OF TULE RIVER DISTRICT MASTER PLAN (MASTER PLAN 2024-001)
WHEREAS: the City of Porterville has initiated the project known as the South of Tule River District Master Plan (“SoTu Master Plan”), a master plan, located on approximately 447.30 acres, consisting of 19 parcels (APNs 259-150-001, 259-030-011, -031, 259-270-004, 259-040-041, -044, -028, -027, -026, -025, -043, -042, -045, -046, - 010, -039, 259-320-001, -002, and 259-370-058) directly southwest of city limits generally bound to the north by the Tule River, to the south by State Route 190, to the east by State Route 65, and to the west by Westwood Street (“Plan Area”); and WHEREAS: the Plan Area is outside city limits of Porterville but is located within Porterville’s General Planning Area, or “Urban Area Boundary,” and is pre-zoned by the City as RS-1 – Very Low Density Residential, RS-2 – Low Density Residential, CR – Retail Centers, and PK – Parks and Recreation, consistent with the Porterville 2030 General Plan; and
WHEREAS: the SoTu Master Plan proposes a mix of residential, employment, public uses, and open space uses intended to facilitate the development of the Plan Area as it transitions from agricultural and rural residential land into a new mixed-use, multimodal district; and WHEREAS: approval of Master Plan 2024-001 would require approval of General Plan Amendment 2024-002 and Rezone 2024-001; and
WHEREAS: General Plan Amendment 2024-002 amends the 1) General Plan Land Use Map to change the planned land use designations of Plan Area allowing for varying uses at varying densities and intensities; and
WHEREAS: Rezone 2024-001 would rezone the Plan Area to the RN – Residential Neighborhood District which, according to the Porterville Municipal Code, is intended to implement the Neighborhood Centers shown in the General Plan Land Use Map and guide the design of new residential neighborhoods; and
WHEREAS: an RN District may be established by Zoning Map amendment and an application for a rezoning to an RN District shall include a master plan as required by the Porterville Municipal Code; and
WHEREAS: Porterville Development Ordinance 206.03 requires a master plan be accepted and processed in the same manner as a conditional use permit; and Resolution No._____ 2024
WHEREAS: a notice was published in the Porterville Recorder settings the date, time, and place of a public hearing and similar notices were sent to owners of property within 300 feet of the site and posted at City Hall and the City’s website announcing the same; and
WHEREAS: at a regular meeting on October 1, 2024, the City Council of the City of Porterville did conduct a public hearing to consider the Project; and WHEREAS: the proposed action constitutes a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (CEQA) and the CEQA Guidelines, California Code of Regulations Section 15000, et seq.; and WHEREAS: via adoption of Resolution No. ____-2024, the City Council has certified an environmental impact report assessing the potential environmental effects of theSouth of Tule River District Master Plan; and
WHEREAS: the City Council has made the following findings pursuant to Development Ordinance, Article 604.4, the evidence for said findings substantiated in the record:
1. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the Porterville 2030 General Plan and any other applicable plan that the city has adopted.
2. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the general plan, this development ordinance and with any other applicable plan adopted by the city council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville approves adoption of the South of Tule River District Master Plan.
PASSED, APPROVED, AND ADOPTED on the ____ day of ___, 2024. _____________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By: ______________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
CITY COUNCIL AGENDA – OCTOBER 1, 2024
SUBJECT: Consideration of Amended Conditions of Approval for Villas at Sierra Meadows 4 & 5 Development Project
SOURCE: Community Development
BACKGROUND: The City Council approved the Villas at Sierra Meadows 4 & 5 Tentative Map via Resolution 06-2023 following a public hearing on February 7, 2023. At the same meeting, the City Council adopted a Mitigated Negative Declaration via Resolution 05-2023. Following additional review by the Engineering and Project Management Department and a meeting with the project applicant, it has been determined that the rights-of-way of improvements to W. Gibbons Avenue and S. Jaye Street should be modified.
COMMENT: N/A
ANALYSIS: To affect the recommendation of staff, the language contained in Condition No. 20 of Resolution No. 05-2023 should be revised to read as follows:
“The developer/applicant shall dedicate right-of-way for a street width that matches the ultimate width in the adopted Land Use and Circulation Element and/or the width established by the City Council, and dedication of required property for accessible ramp(s), sidewalk, etc.:
a. Gibbons Avenue is designated as a Major Arterial per the Circulation Element, but additional traffic analysis supports a change in classification to a Collector due to lower traffic volumes than previously projected. The overall right of way shall account for 41 feet of width from the proposed centerline of the Gibbons Avenue alignment to the property line and shall include 5.5’ of parkway behind the back of the curb, followed by 6’ of sidewalk, and a 10’ landscape easement behind the sidewalk.
b. Jaye Street is designated as a Collector per the Circulation Element and must be extended along the east side of the proposed subdivision. The overall right of way shall be 72’ and shall include
5.5’ of parkway behind the back of the curb, followed by 6’ of the sidewalk, and a 10’ landscape easement behind the sidewalk. The extra two feet of right of way accounts for increased bike lane widths due to the higher speed of the roadway.”
Note that the original conditions of approval contained within Resolution No. 06-2023 are numbered incorrectly. Conditions 1-10 are correct, but the number thereafter begins at 6. Accordingly, what was Condition No. 20 would become Condition No. 25 under a new resolution.
ENVIRONMENTAL
REVIEW:
The proposed action is minimal in nature. It does not expand the project area or increase the density or intensity of development and therefore does not require additional analysis pursuant to the California Environmental Quality Act (CEQA)
RECOMMENDATION: That the City Council:
1. Open the public hearing to receive comments on the
amendment to the conditional approval for the Villas at Sierra Meadows 4 and 5 Tentative Map; and
2. Adopt the draft resolution approving the revised conditions of approval for the Villas at Sierra Meadows 4 and 5 Tentative Map.
ATTACHMENTS: 1. Locator Map
2. Draft Resolution
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager
PEARSON ST
STACIE AVE
CHESS TERRACE ST
MESA OAK ST
MELINDA AVE
YATES AVE
KESSING ST
HEMLOCK AVE
JAYE ST
GIBBONS AVE
Locator Map
PRC 2020-048
Smee TSM
Gibbons & Jaye
Date Printed: 12/18/2020 by the Community Development Department 1 in = 500 feet
Project Location
City Limits
RESOLUTION NO. _____-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF THE AMENDMENT OF THE TENTATIVE SUBDIVSION MAP FOR THE VILLAS AT SIERRA MEADOWS 4 & 5 DEVELOPMENT PROJECT
WHEREAS: following a public hearing on February 7, 2023, the City Council did adopt Resolution No. 06-2023, approving the Villas at Sierra Meadows 4 & 5 Development Project (Project), consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately 20.23 acres into 80 lots located at the southwest corner of W. Gibbons Avenue and S. Jaye Street (APN 269-060- 020; Site); and
WHEREAS: following additional review by the Engineering and Project Management Department, it has been determined that the right-of-way for and improvements to W. Gibbons Avenue and S. Jaye Street should be modified; and WHEREAS: on September 20, 2024, a notice was published in The Porterville Recorder setting the date and time, and place of a public hearing for October 1, 2024, and similar notices were sent to owners of property within 300 feet of the site and posted at City Hall and the City’s website announcing the same; and WHEREAS: at a regular meeting on October 1, 2024, the City Council did conduct a public hearing to consider the proposed changes; and
WHEREAS: the City Council has considered public testimony received during the public hearing; and
WHEREAS: the proposed action consists of issuance of a permit or entitlement for use and therefore constitutes a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and WHEREAS: the City Council has determined that the initial study and mitigated negative declaration adopted via Resolution No. 03-2023 adequately describes and assesses the project as proposed for revision.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve the conditions of approval for the Villas at Sierra Meadows 4 & 5 Tentative Map (PRC 2020-048-S) as revised, which now read as follows:
1. The development shall comply with the Porterville Municipal Code, Chapter 21 Development Code and conditions from the Project Review Committee (PRC) meeting held on September 29, 2021 and as outlined in the Project Review Committee (PRC) letter for PRC 2020-048.
Resolution No. __-2024
2. The developer/applicant shall comply with Section 201.04(C) of the Porterville Development Ordinance (PDO).
3. To meet the guiding principles and policies of the General Plan. • C-I-7 Require street tree planting as part of an urban forestry program:
i.Parkway Trees. Provide for the installation of parkway trees as required by the Director of Parks and Leisure Services in accordance with City standards pertaining to the type, size, spacing and placement of such trees; to the maintenance or extension of street tree themes when applicable; and, to the time of installation when it is determined it would be in the best interest of the City to postpone the placement of trees required pursuant to this section.
4. The developer/applicant shall dedicate improved park space, so the developer/applicant shall propose improvements and identify valuation of said improvements on a parcel sized such that the sum of the dedication and improvements would be valued based on the proposed .86-acre park. A park of this size would be considered a pocket park according to the General Plan Parks, Schools, and Community Facilities Element. Amenities can include, but are not limited to, a playground, half-court basketball facilities, workout equipment, communal BBQ/picnic facilities, and pet area.
5. Approval of the tentative subdivision map is contingent upon a successful application to the Tulare County LAFCo for annexation.
6. The filing of Final Map shall comply with Chapter 404 Final Maps of the Porterville Development Ordinance (PDO).
7. Unless otherwise noted, the developer/applicant shall comply with the City Master Plans and Standard Drawings, Standard Specifications for Public Works Construction (2018 Edition), and Caltrans Standard Plans and Specifications (2018 Standards), except where they are in conflict with current access compliance regulations, the current California Building Code, the Tulare County Hazardous Waste Management Plan, the California Manual on Uniform Traffic Control Devices, the Porterville Circulation Element, and the Tulare County Congestion Management Program.
8. The developer/applicant shall pay all applicable fees according to the Municipal Code and State law. The developer/applicant is hereby notified that you have the right to pay fees, dedications, reservations or other exactions, under protest, pursuant to Government Code Section 66020(a). You have 90 days from the date fees are paid to file a written protest.
9. The developer/applicant shall make payment of the required plan check fees at the time of building permit plan submittal.
Resolution No. __-2024
10.The developer/applicant shall pay School Development fees and all other City fees at the time table determined by current City Ordinance.
11.Prior to approval of the improvement plans, the developer/applicant shall have completed and approved, landscaping and/or lighting improvement plans. The developer/applicant shall petition, on a form provided by the City, to have said subdivision placed in a Lighting and Landscape Maintenance District. Submit with the petition the $375 fee. The following shall be included and maintained in said district: (1) Lighting, (2) Recreational Open Space, (3) Public Landscaping, if any (4) Public walls/fences, if any, (5) Drainage reservoir, if any, and (6) any other public improvement in accordance with Series 400, Section 407.03 (i) of the Development Ordinance.
12.The developer/applicant shall prepare an Engineer's Report for the establishment of the assessments in order to provide for ongoing maintenance of the subdivision improvements to be included in the Lighting and Landscape Maintenance District. The Lighting and Landscape Maintenance District shall be established, or annexation into an existing District shall be concluded and landscape and lighting improvements shall be completed and accepted concurrently with the other improvements in the project. Landscape easements will need to be created in areas deemed necessary by the City Engineer.
13.Exclusive of assessments for a Lighting and Landscape Maintenance District, the developer/applicant shall pay all service fees and maintain all new lighting and landscape improvements in a safe and healthy manner for the greater of a minimum ninety-day plant establishment period following acceptance of the subdivision improvements, or until assessment begins for the Lighting and Landscape Maintenance District.
14.In accordance with Series 400, Section 407.02 (g) or (h) of the Development Ordinance, the developer/applicant shall enter into an agreement that provides for completion of improvements within twelve (12) months of the Final Map acceptance.
15.The developer/applicant shall replace or provide surety for replacement of irrigation pipes in the right of way, if in the opinion of the City Engineer, replacement is warranted. The developer/applicant shall provide easements for irrigation pipes across lots created, if pipes will continue to be in use.
16.Prior to recording the final subdivision map, the developer/applicant shall provide surety for off-site improvements and provide easements, permits, calculations, etc. if, in the opinion of the City Engineer, they are needed for the proper functioning or phasing of the subdivision (e.g. water, sewer, drainage, etc.).
Resolution No. __-2024
17.The developer/applicant shall dedicate a one-foot (1’) limitation of access strip at locations where, in the opinion of the City Engineer, it is undesirable to allow access.
18.Building permits shall not proceed further than the installation of the foundation until all of the following items are accepted as complete:
a. The storm drain system is functional so that it will accept water from fire hydrant and/or water main flushing;
b. The water system, is functional from the source of water past the lots on which permits are being requested (i.e. all services and the sampling station, if required, are installed, valves are functional and accessible, bacteria testing is completed, etc.);
c. Street base rock for accessibility by public safety officials and building inspectors;
d. Lots are graded in accordance with the approved grading plan. Prior to receipt of the Final Grading, Drainage and Soils Report a letter from the "Supervising Civil Engineer" is required validating that the grading has been done in accordance with the approved grading plan and in accordance with the recommends contained in the Preliminary Soils Report;
e. The sewer system is completed, tested, and accepted by the City prior to residential occupancy of any house in the subdivision;
f. Lot corners are marked;
g. Fire hydrants are accepted by the Fire Department and the Engineering Division.
19.The developer/applicant shall coordinate with the U.S. Postal Service regarding the kind of mail facilities that will be utilized. If neighborhood box units (NBUs) are to be used, construct sidewalks in a timely manner to facilitate NBU installation.
20.The developer/applicant shall cause all regulatory and street name signs to be installed prior to occupancy of any house located where its occupants will utilize a street that does not have them.
21.The developer/applicant shall dedicate and improve, to City standards, temporary turn-arounds at the ends of dead-end streets to accommodate refuse vehicles and street sweepers.
22.The developer/applicant shall have a Civil Engineer design a water system that will provide a fire flow at each fire hydrant of 1,000 g.p.m. with 20 p.s.i. residual pressure for a dwelling less than 3,600 square feet and 1,500 g.p.m. with 20 p.s.i. residual pressure for a dwelling unit greater than 3,600 square feet.
Resolution No. __-2024
23.The developer/applicant shall construct or provide surety for construction of curb, gutter, sidewalk, water, sewer, street paving to a 3/4 width street (as necessary), etc. along the full frontage of all proposed subdivision lots except where they exist to City standards and are in good condition in the opinion of the City Engineer. The developer/applicant shall stub improvements to the property line if, in the opinion of the City Engineer, they will be needed for connection to development on the adjacent property.
24.The developer/applicant shall provide street striping and flexible delineators as necessary to provide safe vehicular movements, where directed by the City Engineer.
25.The developer/applicant shall dedicate right-of-way for a street width that matches the ultimate width in the adopted Land Use and Circulation Element and/or the width established by the City Council, and dedication of required property for accessible ramp(s), sidewalk, etc.:
a. Gibbons Avenue is designated as a Major Arterial per the Circulation Element, but additional traffic analysis supports a change in classification to a Collector due to lower traffic volumes than previously projected. The overall right of way shall account for 41 feet of width from the proposed centerline of the Gibbons Avenue alignment to the property line and shall include 5.5’ of parkway behind the back of curb, followed by 6’ of sidewalk, and a 10’ landscape easement behind the sidewalk.
b. Jaye Street is designated as a Collector per the Circulation Element and must be extended along the east side of the proposed subdivision. The overall right of way shall be 72’ and shall include 5.5’ of parkway behind the back of curb, followed by 6’ of sidewalk, and a 10’ landscape easement behind the sidewalk. The extra two feet of right of way accounts for increased bike lane widths due to the higher speed of the roadway. c. Scranton Avenue is designated as a Minor Arterial per the Circulation Element and shall be extended along the south side of the property (length of extension based on placement/location of second access point) and connected to Jaye Street at a future date. Scranton shall have an overall right of way of 94’ and shall include 7.5’ of parkway behind the back of curb, followed by 8’ of sidewalk, and a 10’ landscape easement at the time of future construction.
d. Total area of dedication to be determined by a licensed surveyor.
26.The developer/applicant shall construct street improvements that comply with the intention of the adopted Development Ordinance and per City Standards. For Jaye Street, the construction of at least a 3/4 width street will be required. For Scranton Avenue, an irrevocable offer of dedication will be required and the future street right of way is to be maintained under the subdivision’s landscape & lighting district as open space until the City acts on the dedication. A stub street to the adjacent property to the west is required by City Standard P-7.
Resolution No. __-2024
27.The developer/applicant shall verify that existing alignments are met and followed with the development of the roads serving the proposed subdivision.
28.Prior to recording the final subdivision map, the developer/applicant shall provide improvements by the method indicated below:
a. Pursuant to Section 66411.1(b) of the Government Code, the developer applicant shall construct curbs, gutters, sidewalks, curb returns per City Standards, sewer laterals, water services, fire hydrant relocation, street lights, connecting pavement along the full frontage of the proposed land division parcels. Additional improvements include a functional drainage system, connection of existing house to City’s sewer system, abandonment of existing septic system(s), well abandonment (if any, and not in compliance with the City’s Backflow Ordinance), curing of leaks in irrigation lines (if any), and other improvements necessary for public health and safety, except where they exist to Federal, State and City standards and are in good condition in the opinion of the City Engineer.
29.Prior to approval of the final map the developer/applicant shall provide public improvement plans prepared by a Civil Engineer that include specific on-site grading details and specifications for City approval.
30.The developer/applicant shall comply with Appendix J, “Grading” of the current California Building Code, including provision of a grading and drainage plan signed by a licensed civil engineer or architect. The developer/applicant shall comply with City Retaining Wall Standards (adopted by City Council January 3, 1989) at lot lines where such standards are applicable.
31.The developer/applicant shall provide a Soils Report in conformance with Chapter 18 of the current California Building Code. The Soils Report shall include R-Value testing, expansion indexes, etc. where required for the construction of public improvements. The developer/applicant is advised that this area has previously been identified as an area of variable soil expansion potential.
32.The developer/applicant shall submit design master plans consisting of combined grading & drainage and sewer & water utilities to ensure the proper functioning and/or phasing of the development. The developer/applicant shall construct drainage facilities as required to serve the property (Ord. No. 1306). A minimum amount of runoff must be contained onsite per the State’s MS4 requirements.
Drainage calculations must be submitted to verify that onsite drainage area(s) will capture necessary runoff. The site shall be designed to convey water to the City drainage system without crossing driveways. The developer/applicant is required to install a sidewalk channel drain at the low side of the driveway, where applicable.
Resolution No. __-2024
a. The developer/applicant shall provide storm drainage calculations showing that the proposed designated drainage area (temporary basin, master plan basin, etc.) is sufficient in containing runoff.
33.The developer/applicant shall construct and/or repair street, curb, gutter, sidewalk, etc. along the full parcel frontage, except where they exist and are determined to be in good condition and in compliance with current accessibility standards in the opinion of the City Engineer (Ord. No. 1306).
34.The developer/applicant shall comply with driveway vehicular sight distance requirements per Section 300.16 of the Development Ordinance and driveway separation from property line per City standards.
35.The developer/applicant is hereby notified that extension of existing water and sewer lines and/or the installation of new lines will be required per Section 407.02(f), development code:
a. The developer/applicant shall extend all necessary utilities along Gibbons Avenue and Jaye Street. Future utilities along Scranton Avenue are to be accounted for with the subdivision design.
b. The developer/applicant is hereby notified that reimbursement for Master Plan facilities is made when funds are available and is contingent upon the work being done by the approved low bidder of at least two bona fide bidders. The bids must be approved by the City prior to construction.
36.The developer/applicant shall design on-site water systems meeting the requirements of the current California Plumbing and Fire Codes. It shall be noted that the City water system complies with Title 22 of the California Administrative Code and any assurance to effectively provide water pressure for multi-story buildings is the sole responsibility of the owner/builder.
37.The developer/applicant shall move existing utility structures (i.e., poles, splice boxes, vaults, etc.) to a position that provides a minimum of four feet (4') of clear space in the sidewalk area and a minimum of two feet (2') of clear space from the curb face to the structure, unless the utility structures are below grade (Title 24 DSA).
38.The developer/applicant shall provide 3000K LED streetlights on Marbelite poles (Marbelites spaced at a staggered 160’ intervals) following Southern California Edison Company specifications, as approved by the City Engineer. Wood poles are expressly prohibited without prior written approval of the City Engineer.
39.The developer/applicant shall comply with City Retaining Wall Standards (adopted by City Council January 3, 1989) at lot lines where such standards are applicable.
Resolution No. __-2024
40.For residential development, the developer/applicant is hereby notified that the installation of an additional water meter requires a double backflow prevention device per City standards.
41.The developer/applicant shall, under City inspection, remove all existing abandoned and unnecessary items, to the satisfaction of the City Engineer, before the issuance of a certificate of occupancy (for example, foundations, septic tanks, irrigation pipes, etc.).
42.The developer/applicant shall abandon existing wells, if any, after first getting an abandonment permit from the Tulare County Environmental Health Services Division. The developer/applicant is required to provide the City Engineer with proof of compliance with County regulations before performing any grading or issuance of the building permit, whichever comes first.
43.The developer/applicant shall assure compliance with Section 7-8, Work Site Maintenance of the Standard Specifications. Applicable requirements from both San Joaquin Valley Air Pollution Control District Regulation VIII, Fugitive PM10 Prohibitions and the California Green Code Standards must also be met. During grading operations, the "Supervising Civil Engineer" shall be responsible for enforcing the dust control provisions of Section 7-8 or the developer/applicant shall pay inspection fees on the grading cost to compensate the City for dust control inspection.
44.The developer/applicant shall not allow onsite runoff or debris outside of the limits of the property during construction. Applicable best management practices (BMPs) shall be implemented to protect the City’s drainage system and inhibit vehicle track-out onto City streets. The improvement plans shall show the location of BMPs and areas designated for erosion and waste control. The developer/applicant shall remove and properly dispose of waste and spills deposited in the project area.
45.The developer/applicant is advised that they are obligated to comply with the National Pollutant Discharge Elimination System (NPDES) General Permit No.
CAS000002 for discharge of Storm Water Associated with construction activity (except operations that result in disturbance of less than one acre of total land area and which are not a part of a larger common plan of development or sale).
Before construction begins the proponent must:
a. Submit a Notice of Intent (NOI) to comply with the permit, a site map, and appropriate fee to the State Water Resources Control Board (SWRCB). b. Prepare a Storm Water Pollution Prevention Plan (SWPPP) for the entire project before construction begins. The SWPPP must contain, at a minimum:
1. All items listed in Section A of the permit.
Resolution No. __-2024
2. Descriptions of measures to be taken to prevent or eliminate unauthorized non-storm water discharges and all temporary (e.g., fiber rolls, silt fences, etc.) and permanent (e.g., vegetated swales, detention basins, etc.) best management practices that will be implemented to prevent pollutants from discharging with storm water into water of the United States.
If portions of the project area are to be sold off before the entire project is completed, the proponent must:
a. Submit to the California Regional Water Quality Control Board a change of information form identifying the new owners along with a revised site map clearly depicting those portions that were sold and those that are remaining.
b. Informing each new owner of their responsibility to submit their own NOI, site map, and appropriate fee to the SWRCB and prepare their own SWPPP.
41.Fire hydrants shall be placed based on distance, no greater spacing than 500’ for residential applications.
42.Fire hydrants shall be on a looped system.
43.No structure shall be greater than 400’ from a fire hydrant.
44.A back-flow device is required on the water meter.
45.The developer/applicant shall comply with the City standard for "backflow" prevention pursuant to Resolution No. 9615.
PASSED, APPROVED, AND ADOPTED this 1st day of October, 2024. ___________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By: _____________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 19.
CITY COUNCIL AGENDA – OCTOBER 1, 2024
SUBJECT: Consideration of Amendments to Series 200 and Series 300 of the Porterville Development Ordinance
SOURCE: Community Development
BACKGROUND: NA
COMMENT: The Employment District exists to provide appropriate areas of the city where employment uses can be located and operated without significant conflict with other land uses. It also strengthens the city’s economic base and provides employment opportunities for city residents. The applicant is requesting a text amendment of the following:
1. A text amendment to Porterville Development Ordinance Series 200, Section 204.02 to allow Medical Facilities in the IP zone district, subject to a Conditional Use Permit.
2. A text amendment to Porterville Development Ordinance Series 200, Section 204.03 to reduce the street side setback requirement for personal storage facilities in the IG zone district adjacent to an arterial and/or collector.
3. A text amendment to Porterville Development Ordinance Series 300, Section 301.13 Personal Storage Facilities, in relation to fencing material requirements.
ANALYSIS: The proposed changes would include:
1. A text amendment to Porterville Development Ordinance Series 200, Section 204.02, to allow Medical Facilities in the IP zone district, subject to a Conditional Use Permit.
2. A text amendment to Porterville Development Ordinance Series 200, Section 204.03 to reduce the street side setback requirement for personal storage facilities in the IG zone district adjacent to an arterial and/or collector.The IG (General Industrial) Zone District provides areas for businesses that have a potential to create adverse visual, noise, or other impacts to adjoining public and residential properties. This district allows for uses such as warehousing, manufacturing, food processing, and distribution, with support Item No. 19.
commercial services and ancillary office space. Personal Storage Facilities offer storage for individual use, including mini warehouses and mini-storage. Staff supports the reduction of the setback requirements from thirty (30) feet, down to fifteen (15) feet for both Arterial and/or Collectors Street Side setbacks as the use of a Personal Storage Facility does not have the potential to create adverse visual, noise, or other impacts to the adjoining properties.
Furthermore, conditions of approval for individual projects would require the setbacks to be landscaped as outlined in the Development Ordinance Section 303, Landscaping. A combination of trees, shrubs, and ground cover would assist in screening of the uses from the street side with the addition of required fencing.
3. A text amendment to Porterville Development Ordinance Series 300, Section 301.13 Personal Storage Facilities, in relation to fencing material requirements.
The Porterville Development Ordinance under section 301.13 Personal Storage Facilities requires fencing on the perimeter of the property:
A six (6) foot-high solid wall shall be provided around the perimeter of the development at locations where the solid facades of the storage structures do not provide a perimeter barrier. Such walls shall be composed of decorative block, concrete panels, or similar materials and include architectural relief through variations in height, the use of architectural “caps”, columns, or similar measures. Block walls shall match the standard colors allowed in the City’s graffiti abatement program.
The proposed text amendment would provide for alternatives for fencing construction, including allowing fencing up to seven feet in height and authorizing use of slatted chain link fencing in certain circumstances subject to zoning administrator approval.
ENVIRONMENTAL
REVIEW:
Pursuant to State and local environmental regulations, the proposed modifications serve to provide greater clarity to uses as identified in the Porterville 2030 General Plan, and the proposed ordinance is an implementation measure of the policies, goals, and objectives of the Plan.
The Environmental Coordinator decided based on substantial evidence that, since the amendment would not result in a new type of permitted use or uses containing a greater floor area than already permissible, it can be shown with certainty that there is no possibility that the proposed text amendment could have a significant effect on the environment. Therefore, it is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
Item No. 19.
RECOMMENDATION: That the City Council:
1. Hold the noticed Public Hearing and consider the
testimony provided;
2. Consider whether to approve the draft ordinance, An
Ordinance of the City Council of the City of Porterville Amending Series 200 and 300 of the Porterville
Development Ordinance Regarding the Employment Zone
Districts IG (General Industrial) and IP (Industrial Park); and
3. If so approved, give first reading by title only, and order the Ordinance to print.
ATTACHMENTS: 1. Draft Ordinance PDF
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SERIES 200 AND 300 OF THE PORTERVILLE DEVELOPMENT
ORDINANCE REGARDING THE EMPLOYMENT ZONE DISTRICTS IG (GENERAL
INDUSTRIAL) AND IP (INDUSTRIAL PARK)
WHEREAS: On October 1, 2024 the City Council at its regularly scheduled meeting held a public hearing to consider amendments to the Porterville Development Ordinance; and WHEREAS: Pursuant to State and local environmental regulations, the proposed modifications serve to provide greater clarity to uses as identified in the Porterville 2030 General Plan, and the proposed ordinance is an implementation measure of the policies, goals, and objectives of the Plan. The Environmental Coordinator made a determination on the basis of substantial evidence that, since the amendment would not result in a new type of permitted use or in uses containing a greater floor area than already permissible, it can be shown with certainty that there is no possibility that the proposed text amendment could have a significant effect on the environment.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Porterville as follows:
SECTION 1: Table 204.02, Land Use Regulations – Employment Districts, of Section 204.02 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:
Use Classification PO IP IG IA Additional Regulations
Public and semi-public uses:
Colleges and trade schools,
public or private
C P - -
Correctional facility - P P -
Cultural institutions P - - -
Day care centers P P(1) - -
Elderly and long-term care P - - -
Instructional services P P - P
Residential care facilities,
general
C - - - Section 301.15, “Residential Care
Facilities, General”
Schools, public or private P - - -
Commercial uses:
Aircraft sales, services, and
storage
- - - P
Animal care, sales and
services:
See sub-classifications below
Kennels - M M -
Ordinance No. _______
Veterinary services - P P -
Automobile/vehicle sales
and services:
See sub-classifications below
Automobile/vehicle service
and repair, major
- P P - Section 301.04,
“Automobile/Vehicle Service And
Repair”
Automobile/vehicle service
and repair, minor
- P P - Section 301.04,
“Automobile/Vehicle Service And
Repair”
Automobile/vehicle washing - P P - Section 301.05, “Auto Service Stations And Car Washing”
Large vehicle and
equipment sales, service,
and rental
- C P -
Service station - C C - Section 301.05, “Auto Service
Stations And Car Washing”
Towing and impound - C P - Section 300.09, “Outdoor Storage” Banks and financial
institutions:
See sub-classifications below
Banks and credit unions P P(1) P(1) P(1)
Check cashing businesses P - - -
Building materials and
services
- P P -
Business services P P(1) P(1) -
Cannabis dispensary - - - P Municipal Code chapter 15, article VII
Commercial entertainment
and recreation:
See sub-classifications below
Large-scale - C C C Section 301.02, “Alcoholic
Beverage Sales”
Small scale - C - - Section 301.02, “Alcoholic
Beverage Sales”
Eating, drinking, and
smoking establishments:
See sub-classifications below
Coffee shops/cafes P(2) P(1) P(1) P Section 300.08, “Outdoor Seating” Restaurants P(2) P(1) P(1) P Sections 300.08, “Outdoor
Seating”; and 301.02, “Alcoholic
Beverage Sales”
Food and beverage retail
sales
P(2) P(1) P(1) - Section 301.02, “Alcoholic
Beverage Sales”
Funeral parlors and
mortuaries
- P P -
Hotels and motels - C C -
Bed and breakfasts P(10) - - -
Light fleet-based services - P P -
Ordinance No. _______
Maintenance and repair
services
- P P -
Medical facilities: See sub-classifications below
Hospital P C - -
Medical clinic P C - -
Professional/medical P C - -
Offices: See sub-classifications below
General offices P P P P
Walk-in clientele P - - -
Parking, public or private P(3) P P -
Personal services P P(1) - -
Retail sales P(2) P(2) P(2) -
Salvage and wrecking: - C C C Section 300.09, “Outdoor Storage” Salvage and wrecking
conducted wholly within a
building
- P P P Section 300.09, “Outdoor Storage”
Sexually oriented business - P P - Section 301.17, “Sexually Oriented Businesses”
Wholesaling and distribution - P P P
Industrial uses:
Construction and material
yards
- P P - Section 300.09, “Outdoor Storage”
Handicraft/custom
manufacturing
- P P P
Industry, general: - P P P
Alcohol manufacture - C(4) C -
Hazardous waste
management facilities
- C(6) C -
Manufacture, processing, or
treatment of materials which
may be obnoxious, offensive
or hazardous to health and
safety of persons and
property
- - C -
Industry, limited - P P P
Recycling facilities: See sub-classifications below
Recycling collection facility - - P - Section 301.14, “Recycling Facilities”
Recycling processing facility - - P - Section 301.14, “Recycling Facilities”
Warehousing and storage: See sub-classifications below
Chemical, mineral, and
explosives storage
- C C C
Indoor warehousing and
storage
- P P P
Ordinance No. _______
Personal storage - P P P Section 301.13, “Personal Storage Facilities”
Transportation, communication, and utilities uses:
Communication facilities: See sub-classifications below Antenna and transmission
towers, camouflage facilities
P(7) P(7) P(7) P(7) Section 301.20,
“Telecommunication Facilities”
Antenna and transmission
towers, non-camouflage
facilities
M(7) M(7) M(7) M(7) Section 301.20,
“Telecommunication Facilities”
Broadcasting facility - P P P Section 301.20,
“Telecommunication Facilities”
Call center P(2) P P -
Freight/truck terminals and
warehouses
- P P P
Heliports - C C C
Transportation passenger
terminals
- P P P
Utilities, major: - P P P
Renewable energy facility C C C
Solid waste collection,
treatment, and disposal
- - P C
Utilities, minor P P P P
Agricultural and extractive uses:
Crop cultivation, commercial M P P M Section 301.06, “Crop Cultivation” Crop cultivation, noncommercial- P P -
Mining and quarrying - - C(6) -
Other applicable types:
Accessory uses and
structures
P P P P Section 301.01, “Accessory Uses
And Structures”
Additional uses - - - P(9)
Caretaker unit - P(8) P(8) -
Nonconforming use Chapter 307, “Nonconforming Uses, Structures, And Lots” Temporary use Section 301.21, “Temporary Uses”
SECTION 2: Table 204.03 Development Standards – Employment Districts of Section 204.03 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:
Ordinance No. _______
TABLE 204.03: DEVELOPMENT STANDARDS—EMPLOYMENT DISTRICTS Standard PO IP IG IA Additional Standards
Lot and Density Standards
Minimum Lot Area (sq ft) 6,000 20,000 10,000 10,000 Section 204.03(a) Minimum Lot Width (ft) 60 100 100 100 Section 204.03(a) Minimum Lot Depth (ft) 75 100 75 75 Section 204.03(a)
Building Form and Location
Maximum Height (ft) 50 75 75 35 Section 204.03(b); Section 300.06 Heights and Height
Exceptions; Chapter 500
Airport Environs
Minimum Yards (ft)
Front 10 25; 30
on
highway
0; 30 on
arterial,
collector,
or
highway
20; 30
on
highway
Section 300.01 Building
Projections into Yards.
Personal Storage Facility:
15-foot setback on Arterial
or Collector.
Interior Side 5 0 0 10 Section 204.03(c); Section
300.01 Building Projections
into Yards
Street Side 5(b) 25; 30
on
highway
0; 30 on
arterial,
collector,
or
highway
10; 30
on
highway
Section 204.03(d); Section
300.01 Building Projections
into Yards.
Personal Storage Facility:
15-foot setback on Arterial
or Collector.
Rear 0 10 0 10 Section 204.03(b) and (c);
Section 300.01 Building
Projections into Yards
Transitional – Street
side
15 15 15 15 Section 204.03(b) Transitional
Standards
Maximum Floor Area
Ratio
.50 .40 .60 .60
SECTION 3: Section 301.13 of Article 301 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended to read as follows:
Personal Storage Facilities
Personal Storage Facilities shall be located, developed, and operated in compliance with the following standards:
Ordinance No. _______
Business Activity. All Personal Storage Facilities shall be limited to the storage of inactive items such as furniture and files. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units. No activities other than rental of storage units and pick-up and deposit of storage shall be allowed on the premises. Examples of activities prohibited in said facilities include, but are not limited to the following:
Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. Excepting auctions required by law to comply with lien sale requirements. During the course of said lien sales, customer vehicles shall not be allowed to obstruct travelways within the self-service storage facility.
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.
Size Limitations. Total lot coverage by any and all structures shall be limited to fifty (50) percent of the total lot area.
Circulation. Driveway aisles shall be a minimum of twenty (20) feet wide.
Landscaping. A landscaped buffer with a minimum inside dimension of six (6) feet shall be provided along the front and street property lines, except for vehicular circulation openings. Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties. All landscaped areas shall be bound by a concrete curb at least six (6) inches wide and six (6) inches high and shall be permanently maintained in compliance with Chapter 303, Landscaping.
Fencing. A six (6)- to seven (7)-foot high solid wall shall be provided around the perimeter of the development at locations where the solid facades of the storage structures do not provide a perimeter barrier. Such walls shall be composed of decorative block, concrete panels or similar materials and include architectural relief through variations in height, the use of architectural “caps”, columns, or similar measures. Except in cases where a property line of a personal storage facility abuts property zoned for residential use, a chain link fence with solid privacy slats may be substituted at the discretion of the zoning administrator. Block walls shall match the standard colors allowed in the City’s graffiti abatement program.
Ordinance No. _______
Open Storage. Open storage, outside an enclosed building, shall be limited to vehicles and trailers and screened from public view by building facades or solid fences.
Outdoor Lighting. All outdoor lights shall be shielded to direct light and glare only onto the personal storage premises and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.
Portable Storage Buildings. Movable storage buildings shall be allowed if they are constructed to appear as conventional storage buildings or are located in an area completely screened from public view and adhere to all applicable building and fire codes.
This ordinance shall be in full force and effect thirty (30) days from and after its publication and passage.
PASSED, APPROVED, AND ADOPTED this ______ day of October, 2024. ___________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By: _________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 20.
CITY COUNCIL AGENDA – OCTOBER 1, 2024
SUBJECT: Consideration of Appointments to the Library & Literacy Commission SOURCE: Administrative Services
COMMENT:
Three Commissioners on the Library and Literacy Commission have 3-year terms expiring at the end of October 2024:
• Esther Figueroa
• Edith LaVonne
• Irene Ortega
Commissioners Figueroa, LaVonne, and Ortega have conveyed their interest in continuing to serve on the Commission, and have submitted Requests for ReAppointment for the City Council's consideration.
The Commission is comprised of seven members and serves in an advisory capacity, making recommendations to the City Council on policy and overall goals and objectives for the library. Generally, the Commission meets once per month, with a hiatus during June and July. To be eligible for appointment, individuals must be residents of the city of Porterville.
RECOMMENDATION: That the City Council consider the reappointments of Esther Figueroa, Edith LaVonne, and Irene Ortega to the Library & Literacy Commission for terms to expire in October 2027.
ATTACHMENTS: 1. Request for Appointment: Esther Figueroa
2. Request for Appointment: Edith LaVonne
3. Request for Appointment: Irene Ortega
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Item No. 20.
Final Approver: Patrice Hildreth, City Manager
Item No. 21.
CITY COUNCIL AGENDA – OCTOBER 1, 2024
SUBJECT: Designation of Voting Delegates and Alternates for League of California Cities 2024 Annual Conference
SOURCE: Administrative Services
COMMENT:
The League of California Cities' Annual Conference is scheduled to take place October 16-18, 2024, in Long Beach. In addition to the training programs offered, an important aspect of the League's Conference is the Annual Business Meeting, during which the membership considers and takes action on Resolutions that establish official League policy. This year, the Business Meeting is scheduled for Friday, October 18, 2024.
In order to vote at this meeting, the City Council must designate a voting delegate. In the event the voting delegate is unable to serve in that capacity, the League's Bylaws also allow for the designation of up to two alternates.
The estimated cost for attendance per Council Member is approximately $1571.00. This cost includes conference registration and materials, accommodations, mileage, and meals. Funding is currently available in the Council's travel budget.
RECOMMENDATION: That the City Council designate a Member of Council to serve as a voting delegate, and up to two Members of Council to serve as alternate voting delegates, at the League of California Cities Annual Business Meeting.
ATTACHMENTS: 1. Voting Procedures
2. 2024 League of California Cities - Resolution Packet Appropriated/Funded: MB
Review By:
Department Director:
Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
2024
Resolutions
Packet
2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.
A list of recommendations the policy committee may make during its meeting are on page three of this packet.
Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.
The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.
A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet.
Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth.
Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet.
Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 2 2024 Resolutions Packet
Policy Committee and Resolutions Committee Actions
The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution.
Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly. 3 2024 Resolutions Packet
General Assembly Voting and Discussion Procedures
Discussion Procedures:
Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.
For General Resolutions:
Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly
For Petitioned Resolutions:
Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote.
Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.
Voting Procedures:
Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.
4 2024 Resolutions Packet
2024 Resolution
1. Resolution on Fair and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora
• Letters of concurrence submitted by:
i. April A. Verlato, Mayor, City of Arcadia
ii. Robert Gonzales, Mayor, City of Azusa
iii. Tim Hepburn, Mayor, City of La Verne
iv. Bill Uphoff, Mayor, City of Lomita
v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
5 2024 Resolutions Packet
Resolution No. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora
6 2024 Resolutions Packet
1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF
CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE
FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL
LEVELS IN THE STATE OF CALIFORNIA
Source: City of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes
Referred to: Governance, Transparency and Labor Relations Policy Committee
WHEREAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to:
California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California; Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials; 7 2024 Resolutions Packet
Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California;
Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election.
WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.”
NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” 8 2024 Resolutions Packet
Resolution No. 1: Letters of
Concurrence
9 July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”)
“The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
The following five city council members are in concurrence with their letters of support (attached):
✓ Mayor John Cruikshank, City of Rancho Palos Verdes
✓ Mayor Bill Uphoff, City of Lomita
✓ Mayor Robert Gonzales, City of Azusa
✓ Mayor April Verlato, City of Arcadia
✓ Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.
Sincerely,
Michael Allawos
Council Member
City of Glendora
10 11
12 13
14 15
2024 Resolutions Packet
Resolution No. 1: Staff Analysis
16 League of California Cities Staff Analysis on Resolution No. 1 Staff: Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations Summary:
This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
Background:
This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office.
Ralph M. Brown Act
The California Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.
The Ralph M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17 9027 governs the state Legislature. The California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7).
Although fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public.
Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard.
California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts.
SB 174 (Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA.
Over the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well.
The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses.
The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) Chaptered by Secretary of State. Chapter 556, Statutes of 2019 established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits.
The Resolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits.
Fiscal Impact:
Unknown.
Existing Cal Cities Policy:
Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
We Believe:
• Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness.
19 • Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.
Comments:
Additional Examples
The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) was introduced, which requires local governments to present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates.
Additionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators.
AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down.
Applying to elected officials or to the legislative body? Legislature or the State? The resolution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.”
This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members.
Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20 of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified.
Support:
The following letters of concurrence were received:
April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes
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