Porterville City Council
January 21, 2025

ORDINANCE NO. 1909

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SERIES 200, SERIES 300, AND SERIES 700 OF THE PORTERVILLE

DEVELOPMENT ORDINANCE
WHEREAS: On December 17, 2024 the City Council at its regularly scheduled meeting held a public hearing to consider amendments to the Porterville Development Ordinance; and
WHEREAS: Said amendments are intended to implement Programs 4, 5, and 6 of the City of Porterville 5th-Cycle Housing Element; and
WHEREAS: The Environmental Coordinator made a determination on the basis of substantial evidence that, since the amendments 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 amendments would 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: The proposed amendments to Series 200, 300, and 700 of the Porterville Development Ordinance are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3).

SECTION 2: Table 200.02, Land Use Regulations – Agriculture/Rural/Conservation Districts, of Section 200.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 200.02: LAND USE REGULATIONS—AGRICULTURE/RURAL/CONSERVATION

DISTRICTS
Use Classification AC RR Additional Regulations
Residential Uses
Single Family Dwelling See sub-classifications below
Detached P P
Family Day Care Home See sub-classifications below
Small P P
Large P P Section 301.07 Family Day Care Home, Large
Group Residential - P(1)
Residential Care Facilities See sub-classifications below Ordinance No. 1909

TABLE 200.02: LAND USE REGULATIONS—AGRICULTURE/RURAL/CONSERVATION

DISTRICTS
Use Classification AC RR Additional Regulations
Residential Care Facilities,
Limited
P P
Large C C
Employee Housing P P
Public and Semi-Public Uses
Religious Facilities - C
Social Service Facilities C C Section 301.19, “Social Service Facilities” Commercial Uses
Animal Care, Sales and Services See sub-classifications below Kennels M M
Veterinary Services, Large C C
Transportation, Communication, and Utilities Uses
Communication Facilities See sub-classifications below
Antenna and Transmission
Towers, camouflage facilities
P P Section 301.20 Telecommunication Facilities
Antenna and Transmission
Towers, non-camouflage
facilities
M M Section 301.20 Telecommunication Facilities
Utilities, Minor P P
Agricultural and Extractive Uses
Animal Raising P P(2)
Crop Cultivation, Commercial P P Section 301.06 Crop Cultivation Crop Cultivation, Noncommercial
P P
Mining and Quarrying C(3) -
Agriculture Employee Housing P P
Other Applicable Types
Accessory Uses and Structures P P Section 301.01 Accessory Uses and Structures Animal Keeping P P Section 301.03 Animal Keeping
Caretaker Unit P(4) -
Home Occupations P P Section 301.09 Home Occupations
Second Dwelling Unit P P Section 301.16 Second Dwelling Units Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Ordinance No. 1909

TABLE 200.02: LAND USE REGULATIONS—AGRICULTURE/RURAL/CONSERVATION

DISTRICTS
Use Classification AC RR Additional Regulations
Specific Limitations:

1. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.

2. Limited to 4-H and FFA projects, recognized youth organizations, school projects, and other similar projects when conducted in compliance with the public health and animal laws of the City and to the keeping of bovine animals, horses and other equine animals, sheep and goats on lots 20,000 sq ft or more. The shelter for such animals shall not be closer than 50 feet to any residences.

3. In areas designated as Mineral Resource Zones in the General Plan.

4. For agricultural employees, when located on farms or ranches containing more than 10 acres. Such dwellings shall be a permanent structure.

SECTION 3: Table 201.02, Land Use Regulations – Residential Districts, of Section 201.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 201.02: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Residential Uses
Single Family Dwelling See sub-classifications below
Attached - P P (5) P (5) P -
Detached P P P (5) P (5) P -
Multi-Family Residential - - P P P Section 201.04(b)
Family Day Care Home See sub-classifications below
Small P P P P P
Large P P P P P Section 301.07 Family Day
Care Home, Large
Group Residential P(1) P(1) P(1) P P
Mobile Home Parks - - C(2) C(2) C(2) Section 301.10 Manufactured Homes; Section 301.11
Mobile Home Parks
Residential Care
Facilities
See sub-classifications below
Residential Care
Facilities, Limited

P P P P P
Large C C C C C
Employee Housing P P P P P
Ordinance No. 1909

TABLE 201.02: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Single room occupancy
hotels
- - C C C Section 301.18, “Single
Room Occupancy Hotels
Public and Semi-Public Uses
Clubs and Lodges - - - C C Section 301.02 Alcoholic
Beverage Sales
Community Centers - - C C C
Cultural Institutions - - - C C
Elderly and Long-term
Care
- - - C P
Park and Recreation
Facilities, Public

P P P P P
Religious Facilities C C C C C
Residential Care Facilities,
General
- - C C C Section 301.15 Residential
Care Facilities, General
Schools, Public or Private P P P P P
Parking, Public or Private C(4) C(4) C(4) C(4) C(4) Section 304.05 Location of Required Parking
Social Service Facilities C C C C CP Section 301.19 Social Service Facilities
Commercial Uses
Eating, Drinking, and
Smoking Establishments
See sub-classifications below
Coffee Shops/Cafes - - - - M(3) Section 300.08 Outdoor
Seating
Restaurants - - - - C(3) Section 300.08 Outdoor
Seating; Section 301.02
Alcoholic Beverage Sales
Bed and Breakfasts - - - C C
Transportation, Communication, and Utilities Uses
Utilities, Minor P P P P P
Agricultural and Extractive Uses
Crop Cultivation,
Commercial
M M M M M Section 301.06 Crop
Cultivation
Crop Cultivation, NonCommercial

P P P P P
Agriculture Employee
Housing

P P P P P
Ordinance No. 1909

TABLE 201.02: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Other Applicable Types
Accessory Uses and
Structures
P P P P P Section 301.01 Accessory
Uses and Structures
Animal Keeping P P P P P Section 301.04 Animal
Keeping
Home Occupations P P P P P Section 301.09 Home
Occupations
Second Dwelling Unit P P P P P Section 301.16 Second
Dwelling Units
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:

1. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.

2. Limited to sites with a minimum gross site area of 10 acres.

3. Limited to a restaurant or café/coffee shop accessory to a mobile home court or a private club or lodge when such use has no direct access off a public street and accommodates only residents, members, or their guests.

4. Permitted in conjunction with an existing Public and Institutional Use.

5. Limited to small-lot subdivisions. Standalone single-family dwellings are not permitted.

SECTION 4: Table 202.02, Land Use Regulations – Downtown Districts, of Section 202.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Residential Use Classifications
Single Family Dwelling See sub-classifications below
Attached P(1) - - - P P - - -
Multi-family Residential P(1) P(2) - P P P P(1) - - Section 201.04(b) Family Day Care Home See sub-classifications below
Small P P - P P P P - -
Large - - - P P P - - - Section 301.07 Family Day Care
Home, Large
Group Residential - - - P(3) P P - - -
Mixed Use Development C Section 203.04 Supplemental
Regulations
Residential Care
Facilities
See sub-classifications below
Residential Care
Facilities, Limited

P P - P P P P - -
Large C C - C C C C - -
Single Room Occupancy
Hotels
C C - C(1) C C C - - Section 301.18 Single Room
Occupancy Hotels
Employee Housing P(1) P(2) - P P P P(1) - -
Public and Semi-Public Use Classifications
Clubs and Lodges C(4) P P P - - P(5) P - Section 301.02 Alcoholic Beverage Sales
Ordinance No. 1909

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Colleges and Trade
Schools, Public or
Private
C(5) C C C - - C C P
Community Center - - - C - - - - P
Cultural Institutions C(5) C C C - - P C P
Day Care Centers C C C C C C P - C
Elderly and Long Term
Care
- - - - P P P - -
Government Offices P P P - - - P - P
Instructional Services P(5) P P P - - P P P
Park and Recreation
Facilities, Public

P P P P P P P P P
Religious Facilities - - - C C C - - -
Residential Care
Facilities, General
- - - - C C - - - Section 301.15 Residential Care
Facilities, General
Schools, Public or
Private
P(4) P P P - - - - P
Social Service Facilities C C - CP CP CP C - - Section 301.19 Social Service Facilities
Commercial Use Classifications
Animal Care, Sales, and
Services
See sub-classifications below
Kennels - - C - - - - C -
Pet Stores M(6) P(6) P(6) M(6) - - - P(6) -
Veterinary Services,
Small
- - C - - - - P(6) -
Ordinance No. 1909

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Artists’ Studios P P P P - - - P -
Automobile/Vehicle
Sales and Services
See sub-classifications below
Automobile/Vehicle
Rentals.
- - - - - - - P -
Automobile/Vehicle
Sales and Leasing.
- C C(7) - - - - P -
Automobile/Vehicle
Service and Repair,
Major.
- P C - - - - C - Section 301.04 Automobile/Vehicle
Service and Repair, Major and
Minor
Automobile/Vehicle
Service and Repair,
Minor.
- P C(7) - - - - P - Section 301.04 Automobile/Vehicle
Service and Repair, Major and
Minor
Automobile/Vehicle
Service and Repair,
Washing.
- P - - - - - C - Section 301.05 Auto Service
Stations and Car Washing
Service Station - - - - - - - C - Section 301.05 Auto Service Stations and Car Washing
Banks and Financial
Institutions
See sub-classifications below
Banks and Credit
Unions
P(8) P(8) P P(8) - - P(8) P -
Building Materials and
Services
- - - - - - - P(9) -
Business Services P(10) P(10) P(10) P(10) - - P P -
Cannabis Dispensary P P P P - - - P - Municipal Code Chapter 15, Article VII
Ordinance No. 1909

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Commercial
Entertainment and
Recreation
See sub-classifications below
Cinema/Theaters C C C C - - - C - Section 301.02 Alcoholic Beverage Sales
Downtown
Entertainment
- - C C - - - C C Section 301.02 Alcoholic Beverage
Sales
Small-scale C C C C - - - C - Section 301.02 Alcoholic Beverage Sales
Eating, Drinking, and
Smoking Establishments
See sub-classifications below
Bars/Night
Clubs/Lounges
C C C C - - - C - Section 300.08 Outdoor Seating;
Section 301.02 Alcoholic Beverage
Sales
Coffee Shops/Cafes P(8) P(8) P(8) P(8) - - P(8) P(8) P(8, 13) Section 300.08 Outdoor Seating Restaurants P(8) P(8) P(8) P(8) - - P(8) P(8) P(8, 13) Section 300.08 Outdoor Seating; Section 301.02 Alcoholic Beverage
Sales
Tobacco Bars C C C C - - - C -
Food and Beverage
Retail Sales, less than
5,000 square feet
P P P P - - P(11) P P(11) Section 301.02 Alcoholic Beverage Sales
Food and Beverage
Retail Sales, more than
5,000 to 50,000 square
feet
P P P P - - - - - Section 301.02 Alcoholic Beverage
Sales
Hotels and Motels C C C C - - - C -
Bed and Breakfasts - - - P(3) - P(3) P(3) - -
Ordinance No. 1909

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Maintenance and Repair
Services less than 1,500
square feet
- - - - - - - P(12) -
Medical Facilities See sub-classifications below
Medical Clinic - P P P - - P P P
Professional/Medical P(13) P P P - - P P P
Mixed Use Development C Section 203.04 Supplemental
Regulations
Nurseries and Garden
Centers
- C C C - - - P -
Offices See sub-classifications below
General Offices P(13) P P P - - P P P
Walk-In Clientele P P P P - - P P P
Parking, Public or
Private

P P P P P P P P P
Personal Services P P P P - - P P -
Retail Sales, less than
50,000 square feet
P P P P - - P(11) P -
Retail Sales, more than
50,000 square feet

C C C C - - - C -
Industrial Use Classifications
Handicraft/Custom
Manufacturing
- - - - - - - P -
Industry, Limited - - - - - - - C -
Recycling Facilities See sub-classifications below
Ordinance No. 1909

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Reverse Vending
Machine
- P P P - - - P P Section 301.14 Recycling Facilities
Recycling Collection
Facility
- C - - - - - C C Section 301.14 Recycling Facilities
Transportation, Communication, and Utilities Use Classifications Communication
Facilities
See sub-classifications below
Antenna and
Transmission
Towers, camouflage
facilities
P(14) P(14) P(14) P(14) - - P(14) P(14) P(14) Section 301.20 Telecommunication Facilities
Antenna and
Transmission
Towers, noncamouflage facilities
C(14) C(14) C(14) C(14) - - C(14) C(14) C(14) Section 301.20 Telecommunication Facilities
Broadcasting Facility - M M M - - - M - Section 301.20
Telecommunication Facilities
Call Center - - - - - - P(5) P(5) P
Recording Studio - - P(6) P(6) - - - P(6) -
Transportation
Passenger Terminals
P(15) P(15) P(15) - - - - - -
Utilities, Minor P P P P P P P P P
Other Applicable Types
Accessory Uses and
Structures
P P P P P P P P P Section 301.01 Accessory Uses
and Structures
Home Occupations P P P P P P - - - Section 301.09 Home Occupations Ordinance No. 1909

TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Second Dwelling Unit - - - - P P - - - Section 301.16 Second Dwelling Unit
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:

1. Residential units allowed only on upper floors unless approved with a Conditional Use Permit. Common ancillary areas are allowed on the ground floor except on Main Street.

2. On Main Street, residential units are allowed only on upper floors unless approved with a Conditional Use Permit.

3. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.

4. Allowed only on upper floors and limited to 5,000 square feet in size.

5. Limited to 5,000 square feet in size.

6. Provided that such use shall be completely enclosed in a building of soundproof construction.

7. Limited to uses conducted wholly within a building enclosed on all sides including the display, storage, repair, and reconditioning of vehicles.

8. Drive-through facilities are prohibited.

9. Bulk storage of sand, gravel, or cement is not allowed.

10. Wholesale services are not allowed.

11. Permitted only as accessory to a primary use.

12. No outdoor operations or outdoor storage are allowed.

13. Limited to 25 percent of ground floor area unless additional floor area is approved with a Conditional Use Permit. No square footage limitation on upper floors.

14. Shall not be located within 300 feet of any R district except as detailed in 301.20e.

15. Not allowed on Main Street. No repair or storage of vehicles is allowed.

SECTION 5: Table 202.03, Development Standards – Downtown Districts, of Section 202.03 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 202.03: DEVELOPMENT STANDARDS – DOWNTOWN DISTRICTS Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards Lot, Density, and Block Standards
Minimum Lot Area (sq
ft)
- - - - 6,000 6,000 6,000 6,000 6,000
Minimum Lot Width (ft) - - - - 60 60 60 60 60
Minimum Lot Depth (ft) - - - - 75 75 75 75 75
Minimum Density
(dwelling units/acre)
- - - 15 - - - - -
Maximum Density
(dwelling units/net
acre)
No max, FAR applies to
combined Residential and
Non-residential
- 41.0 16.5 33.0 - - -
Maximum Block
Dimension (ft)
Dimension: 500; 600 with mid-block pedestrian way Section 202.04(b) Maximum Block Length
Building Form, Location, and Street Design
Maximum Height (ft) 50 on corner lots and lots over 2 acres; 40 on all other lots
40; 50
with CUP
35 40, 50
on
corner
lots
30; 40
with CUP
• 50 on corner
lots and lots
over 2
acres;
• 40 on
interior lots
Section 300.06 Heights
and Height Exceptions
Minimum Height (ft) Main St: 28 - - - - - - - -
Minimum Yards (ft) See sub-classifications below
Ordinance No. 1909

TABLE 202.03: DEVELOPMENT STANDARDS – DOWNTOWN DISTRICTS Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards Front
(Main Street
frontage is always
considered the front
of the lot)
0 min; 10
max Shall be
paved on
Main St with
tile, stone,
brick,
concrete, or
comparable
material.

Commercial:
15 for
buildings, 10
for parking.

Main St and
Olive St: 10
min, 20 max
Residential:
15 10 min;
20 max
D St: 15
0; 10 on
Main St or
ground
floor
residential
20 15 15 min;
25 max
10 20 • Section 202.04(i)
Building Projections;
• Unless otherwise
stated, shall be
landscaped in accord
with Chapter 303
Landscaping.

Interior Side • Commercial: 0
• Residential: Where residential is allowed, every
unit shall have at least one window with a
minimum of 15 ft of clear separation from
another building or wall
1-2 stories: 5
3 or more stories:
10 5 0 20 Section 202.04(i)
Building Projections
Street Side or Rear
on a Street
Frontage
East of 2nd
St: 10;
Otherwise:
0 min; 10
max
10 10 0; 10 if on
Main St
and for
ground
floor
residential
10 10 15 10 20 • Section 202.04(i)
Building Projections;
and
• Unless otherwise
stated, shall be
landscaped in accord
with Chapter 303
Landscaping
Transitional – Street
side
5 15 15 15 15 15 Section 202.03(c)
Transitional Standards
Rear, not on a
Street Frontage
• Commercial: 0
• Residential: Where residential is allowed, every
unit shall have at least one window with a
minimum of 15 ft of clear separation from
another building or wall
10 10 0, 5 from
alley
0 20 Section 202.04(i)
Building Projections
Maximum Floor Area
Ratio, all uses

3.0 3.0 3.0 3.0 - - .50 1.0 .25(a)
Ordinance No. 1909

TABLE 202.03: DEVELOPMENT STANDARDS – DOWNTOWN DISTRICTS Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards Maximum Building
Coverage (% of lot)
- - - - 50 60 - - 50
Minimum Percent of
Building at Setback
Line
- 50 (b) 50 (b) 50 (b) - - - - -
Parking
Maximum Curb Cut per
Lot or Street Frontage
One, none
on Main
Street
One, unless more are required by the City for public
services
One One, unless
more are
required by the
City for public
services
Section 202.04(d)
Parking
Maximum Curb Cut
Width (ft)
20 20 20 20 20 20 10 20 20
Landscaped Setback
between Parking and
Street (ft)
5 5; 10 on
Main,
Orange, and
C Streets
5, 10 on
D St
5, 10 on
Main St
10 10 10 5 10 Chapter 303
Landscaping
Setback of Parking
from Buildings
5 5 5 5 10, 5 may be
occupied by a
pedestrian
walkway paved
with tile, stone,
brick, concrete,
or comparable
material.
5, may be
occupied
by a
pedestrian
walkway
with tile,
stone,
brick,
concrete, or
comparable
material.
5 10
Parking Lot Location
Standards Apply
Yes Yes Yes Yes Yes Yes Yes Yes Yes Section 202.04(d)
Parking
Ordinance No. 1909

TABLE 202.03: DEVELOPMENT STANDARDS – DOWNTOWN DISTRICTS Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards Open Space and Landscaping
Usable Open Space
(sq ft per residential
unit)
75 75 - 100 150, 50 of which
shall be private
- - - Section 202.04(e) Open
Space
Additional Standards
Supplemental
Regulations Apply
Yes Yes Yes Yes Yes Yes Yes Yes Yes Section 202.04
Supplemental
Regulations

SECTION 6: Table 203.02, Land Use Regulations – Commercial Districts, of Section 203.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Residential Uses
Multi-Family Residential - - - P(1) Section 201.04
Family Day Care Home See sub-classifications below
Small - - - P
Large - - - P Section 301.07 Family Day
Care Home, Large
Group Residential - - - P(2)
Residential Care Facilities See sub-classifications below Residential Care Facilities,
Limited
- - - P
Large - - - P
Single Room Occupancy
Hotels
- - - C Section 301.18 Single
Room Occupancy Hotels
Employee Housing - - - P(1)
Public and Semi-Public Uses
Clubs and Lodges C - P P Section 301.02 Alcoholic
Beverage Sales
Colleges and Trade Schools,
Public or Private
- C C C
Community Centers P - - C
Cultural Institutions C - C C
Day Care Centers C - - C
Instructional Services P - P P
Park and Recreation Facilities,
Public

P - P P
Religious Facilities C C C C
Residential Care Facilities,
General
- - - C Section 301.15 Residential
Care Facilities, General
Social Service Facilities - P P CP Section 301.19 Social Service Facilities
Commercial Uses
Animal Care, Sales and
Services
See sub-classifications below
Ordinance No. 1909

TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Kennels M(4) - M(4) -
Pet Stores M(4) M(4) P(4) -
Veterinary Services, Small - - P(4) -
Artists’ Studios P - P P
Automobile/Vehicle Sales and
Services
See sub-classifications below
Automobile/Vehicle Rentals. - P P -
Automobile/Vehicle Sales
and Leasing.
- C P -
Automobile/Vehicle Repair,
Major.
- - 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. - C P - Section 301.05 Auto Service Stations and Car
Washing
Large Vehicle and Equipment
Sales, Service and Rental.
- - C - Section 301.04
Automobile/Vehicle Service
and Repair
Service Station. C(3) C C C Section 301.05 Auto
Service Stations and Car
Washing
Banks and Financial Institutions See sub-classifications below Banks and Credit Unions P(5) P P P
Check Cashing Businesses - P P P
Building Materials and Services - P(6) P(6) -
Business Services P(3,7) P P P
Commercial Entertainment and
Recreation
See sub-classifications below
Cinema/Theaters - P P C Section 301.02 Alcoholic
Beverage Sales
Large-scale - - C(8) - Section 301.02 Alcoholic
Beverage Sales
Small-scale - P(19) P(19) C Section 301.02 Alcoholic
Beverage Sales
Eating, Drinking, and Smoking
Establishments
See sub-classifications below
Ordinance No. 1909

TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Bars/Night Clubs/Lounges - C C C Section 300.08 Outdoor Seating; Section 301.02
Alcoholic Beverage Sales
Coffee Shops/Cafes P(5) P P P Section 300.08 Outdoor
Seating
Restaurants, less than 3,000
square feet
P(5) P P P Section 300.08 Outdoor
Seating; Section 301.02
Alcoholic Beverage Sales
Restaurants, greater than
3,000 square feet
C(5) P P P Section 300.08 Outdoor
Seating; Section 301.02
Alcoholic Beverage Sales
Tobacco Bars - M M M
Food and Beverage Retail Sales P(9) P P P(9) Section 301.02 Alcoholic Beverage Sales
Funeral Parlors and Mortuaries - C P -
Hotels and Motels - C C C
Light Fleet Based Services - - P -
Maintenance and Repair
Services
P(10) P(10) P P(10)
Medical Facilities See sub-classifications below
Medical Clinic - P(12) P P(12)
Professional/Medical - P(12) P P(12)
Mixed Use Development C Section 203.04
Supplemental Regulations
Nurseries and Garden Centers - P P P
Offices See sub-classifications below
General Offices P(11) P(12) P P
Walk-In Clientele P(13) P(12) P P(13)
Parking, Public or Private P(14) P P P(14)
Personal Services P P P P
Retail Sales See sub-classifications below
Less than 50,000 square feet P P P P
50,000 square feet or more - C C -
Swap Meet - C C -
Wholesaling and Distribution - - P -
Ordinance No. 1909

TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Industrial Uses
Construction and Material Yards - - C - Section 300.09 Outdoor Storage
Handicraft/Custom
Manufacturing
- P(15) P -
Industry, Limited - - P -
Recycling Facilities See sub-classifications below
Reverse Vending Machine P P P P Section 301.14 Recycling Facilities
Recycling Collection Facility - C P - Section 301.14 Recycling Facilities
Recycling Processing Facility - - C - Section 301.14 Recycling Facilities
Warehousing and Storage See sub-classifications below
Chemical, Mineral, and
Explosives Storage
- C -
Indoor Warehousing and
Storage
- - P -
Personal Storage - C P C Section 301.13 Personal
Storage Facilities
Transportation, Communication, and Utilities Uses
Communication Facilities See sub-classifications below
Antenna and Transmission
Towers, camouflage facilities
P(16) P(16) P(16) P(16) Section 301.20
Telecommunication
Facilities
Antenna and Transmission
Towers, non-camouflage
facilities
M(16) M(16) M(16) M(16) Section 301.20
Telecommunication
Facilities
Broadcasting Facility - M M Section 301.20
Telecommunication
Facilities
Call Center - P(3) P -
Recording Studio - P(4) P(4) -
Freight/Truck Terminals and
Warehouses
- - C -
Transportation Passenger
Terminals
- P P -
Utilities, Minor P P P P
Ordinance No. 1909

TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Agricultural and Extractive Uses
Crop Cultivation, Commercial M M M M Section 301.06 Crop Cultivation
Agriculture Employee Housing M M M M
Other Applicable Types
Accessory Uses and Structures P P P P Section 301.01 Accessory Uses and Structures
Animal Keeping - - - P Section 301.03 Animal
Keeping
Caretaker Unit - P(18) P(18) P(18)
Home Occupations - - - P Section 301.09 Home
Occupations
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:

1. Multi-family Residential are permitted in conjunction with allowable non-residential uses.

2. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.

3. Limited to establishments with a gross floor area of 5,000 square feet or less.

4. Provided that such use shall be completely enclosed in a building of soundproof construction.

5. Drive-through facilities are prohibited.

6. Bulk storage of sand, gravel or cement is not allowed.

7. Wholesale services are not allowed.

8. Campgrounds are prohibited.

9. Limited to establishments with a gross floor area less than 50,000 square feet.

10. Outdoor work and outdoor storage is prohibited.

11. General offices shall not be located on the ground floor.

12. Minor Conditional Use Permit approval is required for office, business, or professional uses greater than 5,000 square feet in size per lot or integrated commercial development.

13. Limited to establishments with a gross floor area less than 1,500 square feet.

14. Limited to parking areas for exclusive use of occupants, employees and patrons of the uses, buildings, stores, and businesses located in that zone.

15. Limited to establishments with a gross floor area less than 2,000 square feet.

16. Prohibited within 300 feet of any R district except as detailed in 301.20e.

17. Limited to radio or television studios.

18. Limited to one dwelling for a caretaker or watchman and his immediate family, necessary and incidental to a use located in such zone. Such dwellings shall be a permanent structure.

19. Minor Conditional Use Permit approval is required for indoor shooting ranges.

Ordinance No. 1909

SECTION 7: Table 204.02, Land Use Regulations – Employment Districts, of Section 204.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS 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 -
Veterinary Services - P P -
Automobile/Vehicle Sales and
Services
See sub-classifications below
Automobile/Vehicle 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 -
Ordinance No. 1909

TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
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 &
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 Section 300.08 Outdoor
Seating; Section 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 -
Maintenance and Repair
Services
- P P -
Medical Facilities See sub-classifications below
Hospital P - - -
Medical Clinic P - - -
Ordinance No. 1909

TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Professional/Medical P - - -
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(2) 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
Ordinance No. 1909

TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Chemical, Mineral, and
Explosives Storage
- C C C
Indoor Warehousing and
Storage
- P P P
Personal Storage - P P P Section 301.13 Personal
Storage
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 Facility
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
Agriculture and Extractive Uses
Crop Cultivation, Commercial M P P M Section 301.06 Crop Cultivation
Crop Cultivation, Noncommercial
- P P -
Mining & Quarrying - - C(6) -
Agricultural Employee
Housing

M P P M
Other Applicable Types
Accessory Uses and
Structures
P P P P Section 301.01 Accessory
Uses and Structures
Ordinance No. 1909

TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
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
Specific Limitations:

1. Permitted only as an accessory use that supports industrial uses, business and office parks, and corporate offices.

2. Permitted only as an accessory to a primary office and limited to establishments with a gross floor area less than 5,000 square feet in size.

3. Limited to parking areas for exclusive use of occupants, employees and patrons of the uses, buildings, stores, and businesses located in that zone.

4. Alcohol manufacture must be located more than 500 feet from the nearest residential, or commercial zoning designation as shown on the Official Zoning Map.

5. On-site hazardous waste management facilities must be accessory and incidental to a primary use.

6. In areas designated as Mineral Resource Zones in the General Plan

7. Prohibited within 300 feet of any R district except as detailed in 301.20e.

8. For agricultural employees, when located on farms or ranches containing more than 10 acres. Such dwellings shall be a permanent structure.

9. Additional uses may be allowed with City Council approval of a Conditional Use Permit.

10. Limited to no more than two rooms in a dwelling rented to not more than four persons. Meals may not be provided to more than four boarders.

SECTION 8: Table 205.02, Land Use Regulations – Public and Open Space Districts, of Section 205.02 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

TABLE 205.02: LAND USE REGULATIONS—PUBLIC AND OPEN SPACE DISTRICTS Use Classification PS REC PK Additional Regulations
Public and Semi-Public Use Classifications
Airport P - -
Cemeteries C - -
Clubs and Lodges - P(1) P(1)
College and Trade Schools,
Public or Private
P - -
Community Center P - P
Correctional Facility P - -
Cultural Institutions P - P
Government Offices P - -
Ordinance No. 1909

TABLE 205.02: LAND USE REGULATIONS—PUBLIC AND OPEN SPACE DISTRICTS Use Classification PS REC PK Additional Regulations
Instructional Services P - -
Park and Recreation
Facilities, Public
P P P
Public Safety Facilities P - -
Religious Facilities C
Schools, Public or Private P - -
Commercial Use Classifications
Aircraft Sales, Services, and
Storage
P(2) - -
Commercial Entertainment
and Recreation
See sub-classifications below
Large-scale P C P Section 301.02 Alcoholic Beverage
Sales
Small-scale P(6) P(6) P(6) Section 301.02 Alcoholic Beverage Sales
Eating, Drinking, and
Smoking Establishments
See sub-classifications below
Coffee Shops/Cafes P(3) P(1) P(1) Section 300.08 Outdoor Seating Restaurants P(3) - - Section 300.08 Outdoor Seating;
Section 301.02 Alcoholic Beverage
Sales
Medical Facilities See sub-classification below
Hospital P - -
Recycling Facilities See sub-classifications below
Recycling Collection
Facility
P - -
Recycling Processing
Facility
P - -
Retail Sales See sub-classification below
Swap Meet C - -
Transportation, Communication, and Utilities Use Classifications Telecommunication Facilities See sub-classifications below Antenna and
Transmission Towers,
camouflage facilities
P(4) P(4) P(4) Section 301.20 Telecommunication
Facilities
Antenna and
Transmission Towers,
non-camouflage facilities
M(4) M(4) M(4) Section 301.20 Telecommunication
Facilities
Ordinance No. 1909

TABLE 205.02: LAND USE REGULATIONS—PUBLIC AND OPEN SPACE DISTRICTS Use Classification PS REC PK Additional Regulations
Heliports P(5) - -
Utilities, Major C - -
Solid Waste Collection,
Treatment, and Disposal
P - -
Utilities, Minor P P P
Agricultural and Extractive Uses
Crop Cultivation, Commercial M M M Section 301.06 Crop Cultivation Agricultural Employee
Housing
M M M
Other Applicable Types
Accessory Uses and
Structures
P P P Section 301.01 Accessory Uses and
Structures
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:

1. Limited to facilities associated with park and recreational facilities.

2. Limited to facilities associated with an airport.

3. Limited to cafes and restaurants accessory to cultural institutions.

4. Prohibited within 300 feet of any R district except as detailed in 301.20e.

5. Permitted only as accessory to a hospital or public airport.

6. Minor Conditional Use Permit approval is required for indoor shooting ranges.

SECTION 9: Section 301.19 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

Social Service Facilities shall be located, developed, and operated in compliance with the following standards:

A. Location. Social Service Facilities are not allowed on Main Street.

B. Minimum Standards. All Social Services Facilities shall provide: adequate and accessible sanitary facilities, including lavatories, rest rooms and refuse containers; sufficient patron seating facilities for dining, whether indoor or outdoor; effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas; a plan of operation, including but not limited to, patron access requirements, hours of operation, security measures, litter control, and noise attenuation. Evidence of compliance with all Building and Fire Safety regulations and any other measures determined by the City Council to be necessary and appropriate to ensure compatibility of the proposed use or uses with the surrounding area shall be Ordinance No. 1909

provided with permit applications. Social service facilities shall only be subject to the following written, objective standards:

1. Waiting and Client Intake Areas. Outdoor waiting areas may not be located in the public right-of-way, must be physically separated from the public rightof-way, and must be large enough to accommodate the expected number of clients. An indoor waiting area must be provided.

2. Separation Requirements. Emergency shelters shall be located no closer than 300 feet from another emergency shelter.

3. On-Site Management. Continuous on-site supervision during hours of operation shall be provided. Specifically, there shall be a minimum of one staff person per eight clients during daytime hours, 7:00 a.m. to 9:00 p.m., and a minimum of two (2) staff people at the facility during nighttime hours, 9:00 p.m. to 7:00 a.m.

4. Maximum Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six (6) months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.

5. Security. The facility shall have on-site security personnel during all hours when the shelter is in operation, and at all times when shelter clients are present on site.

SECTION 10: Section 300.04 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:
300.04 RESERVEDREPLACEMENT HOUSING ON NONVACANT SITES:

Redevelopment of nonvacant sites that contain residential dwellings shall replace said dwellings. Replacement requirements shall be consistent with those set forth in Government Code Section 65915, subdivision (c), paragraph (3).

SECTION 11: Section 301.01 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning district. Accessory uses and structures are also subject to the development and site regulations found in Chapter 300, General Site Regulations.

Accessory structures shall be designed to be of similar/compatible architecture and materials as the main buildings, and in addition shall be located, developed, and operated in compliance with the following standards in the agricultural and residential zone districts as follows:

A. Agricultural Accessory Structures. In the AC and RR districts, agricultural accessory uses and structures are allowed subject to the provisions of this section. Agricultural accessory uses and structures include any uses that are customarily related to an Ordinance No. 1909

agricultural use including stables, barns, pens and sheds or other structures for the housing of such animals, feed, equipment, and tools.

1. Size. The maximum lot coverage allowed by the development standards shall not be exceeded.

2. Height. The agricultural accessory structure shall not exceed thirty-five (35) feet in height unless approved by the Zoning Administrator.

3. Building Separation. Agricultural accessory structures shall be separated from any main building by a minimum of six (6) feet.

4. Setbacks. Agricultural accessory structures shall meet all setback requirements of the main building.

B. Residential Accessory Structures. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, workshops, detached covered decks (i.e. a patio structure), detached uncovered decks and patios two and one-half (2.5) feet in height or greater, and similar structures. Uncovered decks under two and one-half (2.5) feet in height, and fences are not subject to the regulations in this section. AdditionalSeparate regulations for residential second units are located in Section 301.16, SecondAccessory Dwelling Units.

1. Attached Structures. An attached structure is not, by definition, an accessory structure. A structure shall be considered attached to a main structure if it is architecturally compatible with and made structurally a part of the main structure, including sharing a common wall or roof-line with the main structure. A structure attached with a breezeway connecting a door of the residence to a door of the detached structure, with a roof that is a minimum of eight (8) feet in width and fifteen (15) feet in length, will be considered a part of the main structure for purposes of this Ordinance. An attached structure shall comply with all requirements of this Ordinance applicable to the main structure, including, but not limited to setback requirements and height limits.

2. Number of Structures. The number of detached accessory structures shall be limited to two (2) unless approved by the Zoning Administrator.

3. Size. The floor area of detached accessory structures shall not exceed a cumulative floor area of one thousand two-hundred (1,200) square feet unless approved by the Zoning Administrator. In reviewing a request for additional size, the Zoning Administrator may consider neighborhood compatibility, overall lot coverage, relationship of the accessory structure to the main structure and use, and any circumstances unique to the neighborhood. In no case shall the accessory building exceed the ground floor area of the main building and in no case shall the maximum lot coverage allowed by the development standards be exceeded.

4. Height. The maximum height shall not exceed eighteen (18) feet. The Zoning Administrator may consider buildings exceeding eighteen (18) feet in height that are stepped back one (1) foot from the required side and rear setback lines for every foot of height above eighteen (18) feet up to twenty-four (24) feet

5. Building Separation. Detached accessory structures requiring a building permit, with the exception of shade structures, shall be separated from any main building by a minimum of six (6) feet. 6. Setbacks. When located in the rear onethird of a lot, detached accessory buildings shall not be located closer than four (4) Ordinance No. 1909

feet to any rear property line. In instances where the rear property line is coterminous with an alley right-of-way, the accessory building shall not be closer than one (1) foot to such rear property line. Detached accessory buildings shall meet all other setback requirements of the main building.

SECTION 12: Section 301.16 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby repealed and replaced as follows:
301.16 ACCESSORY DWELLING UNITS
The following standards shall apply to detached accessory dwelling units, attached accessory dwelling units, conversion accessory dwelling units, and junior accessory dwelling units.

A. Development Standards

1. Foundation. A permanent foundation shall be required for all accessory dwelling units.

2. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

3. Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.

4. Design. Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three of the following traits in common with the primary dwelling on-site:
a. Wall covering materials.
b. Wall color.
c. Roofing material.
d. Roofing pitch.
e. Structural eaves.
f. Mass and scale of structure relative to structural height. g. Window characteristics (window shape, operational style, grids, sills, trim).

5. Manufactured Homes. A manufactured home may be used as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units in this Section.

6. Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s).

The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing singlefamily or multifamily dwelling.

7. Utility Connection. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services. a. No separate connection between the accessory Ordinance No. 1909

dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new single-family dwelling.

8. Garage conversion. When a garage or other accessory structure providing off-street parking is converted to an accessory dwelling unit, the City shall not mandate removal of the existing driveway and related approach.

B. Occupancy and Conveyance Requirements

1. Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than thirty (30) days.

2. Sale and Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Government Code section 66431 are met.

C. Detached Accessory Dwelling Units

1. Location. Detached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling. An existing dwelling on-site may be classified as the detached accessory dwelling unit upon construction and occupation of a proposed dwelling on-site. Detached accessory dwelling units may be located in an existing accessory structure.

2. Maximum Number of Detached Accessory Dwelling Units a. When accompanied by a proposed or existing single-family dwelling, the maximum number of detached accessory dwelling units shall be one.

The detached accessory dwelling unit may be in addition to an existing or proposed attached accessory dwelling unit and an existing or proposed junior accessory dwelling unit. b. When accompanied by a proposed multi-family dwelling, the maximum number of detached accessory dwelling units shall be two (2) per lot. c. When accompanied by an existing multi-family dwelling, the maximum number of detached accessory dwelling units shall be eight (8) per lot. d. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

3. Floor Area a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet. c. When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum square feet may exceed 1,200 square feet to an amount equal to the square footage of the existing accessory structure to be converted.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an Ordinance No. 1909

existing accessory structure that is less than four (4) feet from the side, street side, or rear yard. Detached accessory dwelling units are not required to be detached from each other but must be detached from the multifamily dwelling.

5. Maximum Height. The maximum height of detached accessory dwelling units shall be as follows:
a. For one-story detached accessory dwelling units, the maximum height shall be sixteen (16) feet. Where the detached accessory dwelling unit is located within one-half (1/2) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multifamily dwelling of more than one-story, the maximum height shall be eighteen (18) feet.
b. For two-story detached accessory dwelling units, the maximum height shall be twenty-five (25) feet.
c. Height Exceptions.
1) An additional two (2) feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit
that is aligned with the roof pitch of the primary dwelling unit.
2) When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height
may exceed the limits of Section 9.195.050, subsection
(E)(1) to an amount equal to the height of the existing accessory structure to be converted.

6. Parking. One (1) parking space shall be required for use by the detached accessory dwelling unit in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered. No parking shall be required in any of the following circumstances:
a. The detached accessory dwelling unit is located within onehalf (1/2) mile walking distance of public transit. b. The detached accessory dwelling unit is located within an architecturally and historically significant historic district. c. The detached accessory dwelling unit is converting an existing accessory structure.
d. On-street parking permits are required but not offered to the occupant of the detached accessory dwelling unit.
e. There is a car share vehicle located within one block of the detached accessory dwelling unit.

7. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached accessory dwelling unit. Owner-occupancy shall not be Ordinance No. 1909

required if the owner is another governmental agency, land trust, or housing organization.

8. Development Standards. Detached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot detached accessory dwelling unit.

D. Attached Accessory Dwelling Units

1. Location. Attached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling.

2. Maximum Number of Detached Accessory Dwelling Units
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of attached accessory dwelling units shall be one (1). The attached accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed junior accessory dwelling unit.
b. In no case shall the total number of primary dwelling and accessory dwelling units exceed four (4) on any given lot zoned for single-family residential uses.

3. Floor Area
a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

5. Maximum Height. The maximum height of attached accessory dwelling units shall be two stories and twenty-five (25) feet or the maximum height specified by the base zone district, whichever is lower.

6. Parking. No parking shall be required for the attached accessory dwelling unit.

7. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached accessory dwelling unit.

Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

8. Development Standards. Attached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these Ordinance No. 1909

standards precludes construction of at least an 800 square foot attached accessory dwelling unit.

E. Conversion Accessory Dwelling Units

1. Location. Conversion accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

2. Maximum Number of Conversion Accessory Dwelling Units. The maximum number of conversion accessory dwelling units allowed shall be no more than twenty-five percent (25%) of the number of existing or proposed multifamily units. However, in no case shall less than one conversion accessory dwelling unit be allowed.

3. Floor Area
a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. The maximum floor area shall be fifty percent (50%) of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.

4. Minimum Setbacks. The minimum side, street side, and rear yard setback shall be four (4) feet, except when converting or replacing an existing accessory structure that is less than four (4) feet from the side, street side, or rear yard.

5. Parking. No additional parking shall be required.

F. Junior Accessory Dwelling Units

1. Location. Junior accessory dwelling units must be accompanied by a proposed or existing single-family dwelling on a lot zoned for singlefamily use. A junior accessory dwelling unit must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.

2. Maximum Number of Junior Accessory Dwelling Units
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of junior accessory dwelling units shall be one. The junior accessory dwelling unit may be in addition to an existing or proposed detached accessory
dwelling unit and an existing or proposed attached accessory dwelling unit.
b. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses.

3. Floor Area
a. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater. b. The maximum floor area shall be 500 square feet.

Ordinance No. 1909

4. Parking. No parking shall be required for the junior accessory dwelling unit.

5. Exterior Access. Access shall be provided to the junior accessory dwelling unit independent from the primary dwelling.

6. Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior accessory dwelling unit shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior accessory dwelling unit.

7. Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:
a. A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this
requirement. Appliances shall require no more than a 120-volt electrical connection.
b. Food preparation counter space of a minimum twenty-four (24) inches in width and a minimum of one (1) food storage cabinet of a minimum twenty-four (24) inches in width.

8. Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

9. Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:
a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

SECTION 13: Section 302.03 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

A. Minimum Density Bonus and Composition of Qualifying Projects. Pursuant to Government Code Section 65915, the City shall grant a density bonus in the following amounts over the otherwise allowable maximum residential density permitted by this Ordinance and the General Plan, and one (1) or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one (1) of the following:

Ordinance No. 1909

1. Lower Income Units. A density bonus of twenty (20) percent if ten (10) percent of the total units of a housing development are affordable to lower income households, as defined in Health and Safety Code Section 50079.5.

2. Very Low Income Units. A density bonus of twenty (20) percent if five (5) percent of the total units of a housing development are affordable to very low income households, as defined in Health and Safety Code Section 50105.

3. Senior Citizen Housing Development. A density bonus of twenty (20) percent if a housing development qualifies as a Senior Citizen Housing Development, as defined in Civil Code Section 51.3.

4. Moderate Income Units in Condominium and Planned Use Developments. A density bonus of five (5) percent if ten (10) percent of the total dwelling units in a condominium project, as defined in Subdivision (f) of, or in a Planned Development, as defined in Subdivision (k) of Civil Code Section 1351, are affordable to persons and families of moderate income, as defined in Health and Safety Code Section 50093.

B. Additional Sliding Scale Density Bonus. As provided for in Government Code Section 65915(g) the number of units to which the applicant is entitled may exceed the percentage specified in Subsection (a) under the following provisions:

1. Lower Income Dwellings. For each additional one (1) percent increase above ten (10) percent units affordable to lower income households, the density bonus shall be increased by one and one-half (1.5) percent up to a maximum density bonus of thirty-five (35) percent of the maximum allowable residential density for the site.

2. Very Low Income Dwellings. For each additional one (1) percent increase above five (5) percent in the proportion of units affordable to very low income households, the density bonus shall be increased by two (2) and one-half (2.5) percent, up to a maximum of thirty-five (35) percent of the maximum allowable residential density for the site.

3. Condominium and Planned Development Units. For each additional one (1) percent increase above ten (10) percent units affordable to moderate income households, the density bonus shall be increased by one (1) percent, up to a maximum of thirty-five (35) percent of the maximum allowable residential density for the site.

C. Extra Density Bonus. Provided a resulting housing development would not restrict more than 50 percent of the total units to moderate income, lower income, or very low income households, an additional density bonus calculated pursuant to Table 302.03-A or Table 302.03-B shall be granted when an applicant proposes to construct a housing development that conforms to the requirements of Subsections (a) and (b), agrees to include additional rental or for-sale units affordable to very low income households or moderate income households, and meets any of the following requirements:

1. The housing development conforms to the requirements of Subsections (a) and (b) and provides 24 percent of the total units to lower income households.

Ordinance No. 1909

2. The housing development conforms to the requirements of Subsections (a) and (b) and provides 15 percent of the total units to very low income households.

3. The housing development conforms to the requirements of Subsections (a) and (b) and provides 44 percent of the total units to moderate-income households.

4. An additional density bonus for a housing development that meets the requirements of paragraph (1), calculated as follows. These increases shall be in addition to any increase in density granted by Subsections (a) and (b) and shall be calculated using the number of units excluding any density bonus awarded by this section.

TABLE 302.03-A: EXTRA DENSITY BONUS FOR PROJECTS WITH VERY

LOW INCOME UNITS
Percentage Very Low Income Units Percentage Density Bonus 5 20
6 23.75
7 27.5
8 31.25
9 38.75
10 38.75
TABLE 302.03-B: EXTRA DENSITY BONUS FOR PROJECTS WITH

MODERATE INCOME UNITS
Percentage Moderate-Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
CD. Qualifying Projects-Number of Units. The bonuses under Subsections (a), and (b), and (c) are applicable to residential projects of five (5) or more units, and senior housing projects of more than thirty-five (35) units.

DE. Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two (2) or more of the eligibility requirements shall specify whether the bonus shall be awarded on the basis of paragraphs (1), (2), (3), or (4) of Section 302.03.(a), Minimum Density Bonus and Ordinance No. 1909

Composition of Qualifying Projects. The density bonus shall not be included when determining the number of target units to be provided in a development project.

EF. Optional Density Bonus. The City may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 302.05, Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in Subsection (a) of this section.

SECTION 14: Section 302.05 of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

A. Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:

1. One (1) incentive or concession for projects that include at least ten (10) percent of the total units for lower income households, at least five (5) percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development; or

2. One (1) incentive or concession for senior citizen housing developments; or

3. Two (2) incentives or concessions for projects that include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development; or

4. Three (3) incentives or concessions for projects that include at least thirty (30) percent of the total units for lower income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development.

5. Four (4) incentives or concessions for projects that include at least sixteen (16) percent of the units for very low income households or at least forty-five (45) percent for persons and families of moderate income in a development in which the units are for sale.

6. Five (5) incentives or concessions for one hundred percent affordable developments, including total units and density bonus units, but exclusive of a manager’s unit or units, that are for lower income households, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households.

57. The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of paragraph one (1), two (2), three (3), or four (4), five (5), or six (6) of this section.

SECTION 15: Table 304.04(A) required Parking Spaces of Series 300 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

Ordinance No. 1909

TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Residential Use Classifications
Single-family, Detached
Single-family, Attached
2 covered parking for each dwelling unit.

Second Unit See Section 301.16, Second Dwelling Units.

Multi-family Residential 1 per studio unit. 1.5 per one-bedroom unit. 2 per 2-bedroom or 3- bedroom unit. Additional bedrooms above 3: 0.5 space/bedroom.

One space for each unit shall be designated for the unit and covered. One additional guest parking space shall be provided for every 5 units.

Small Family Day Care Home None, beyond what is required for the residential use.

Large Family Day Care Home 1 per non-resident employee. 1 passenger loading space, on or offsite. (Required spaces are in addition to those required for the primary residential use).

Group Residential 1 per bed, bedroom, or dwelling unit, whichever is greatest, plus 1 guest parking space per 3 units.

Manufactured Home Park 2 on-site spaces for each dwelling unit. At least one required space shall be covered. Tandem parking allowed
Residential Care, Limited None, beyond what is required for the residential use.

Public and Semi-Public Use Classifications
Cemetery To be determined by the Zoning Administrator.

Clubs and Lodges 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or moveable seats are provided.

Colleges and Trade Schools, Public
or Private
To be determined by the Zoning Administrator based on parking demand study.

Community Center To be determined by the Zoning Administrator.

Cultural Institutions For theaters and auditoriums: 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or moveable seats are provided. Galleries and Museums:
1 for every 400 sq. ft. of floor area. Other establishments:
determined by the Zoning Administrator.

Day Care Center 1 per first 5 clients, plus 1 for each additional 10 clients.

Elderly and Long Term Care For first 10 beds: 1 per 2 beds. Additional beds: 1 additional space for each 4 beds.

Government Offices 1 per 300 sq. ft. of floor area.

Instructional Services 1 per 300 sq. ft. of floor area.

Park and Recreation Facilities, Public To be determined by the Zoning Administrator.

Public Safety Facilities To be determined by the Zoning Administrator.

Ordinance No. 1909

TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Religious Facilities 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or moveable seats are provided.

Residential Care, General For first 10 beds: 1 per 2 beds. Additional beds: 1 additional space for each 4 beds.

Schools, Public or Private Elementary and Middle Schools: 1 per classroom, plus 1 per 250 sq. ft. of office area.

High Schools: .35 per student
Social Service Facilities 1 per 2300 sq. ft. of floor area.

Commercial Use Classifications
Aircraft Sales, Services, and Storage To be determined by the Zoning Administrator.

Animal Care, Sales and Services
Kennels 1 per 1,000 sq. ft. of floor area.

Pet Store 1 per 250 sq. ft. of floor area.

Veterinary Services 1 per 250 sq. ft. of floor area.

Artists’ Studios 1 per 1,000 sq. ft. of floor area.

Automobile/Vehicle Sales and Services
Automobile/Vehicle Rentals 1 per 250 sq. ft. of office area in addition to spaces for all vehicles for rent.

Automobile/Vehicle Sales and
Leasing
1 per 250 sq. ft. of office area, plus 1 space per 1,000 sq. ft. of indoor or outdoor sales display area. Any accessory auto repair: 2 spaces per service bay. Minimum 5 spaces per dealership.

Automobile/Vehicle Repair,
Major or Minor
2 per service bay.

Automobile/Vehicle Washing Minimum 1 space for automatic facilities, minimum 3 spaces for other facilities, plus1 space per 250 sq. ft. of any indoor sales, office, or lounge areas.

Large Vehicle and Equipment
Sales, Service and Rental
1 per 250 sq. ft. of office area plus 1 per 2,500 sq. ft. of sales display area.

Service Station 2 per service bay, if service bays are included on site. 1 per 200 sq. ft. of any convenience store on site.

Towing and Impound 1 per 500 sq. ft. of building area plus 1 per 0.5 acre of gross outdoor use area.

Banks and Financial Institutions
(All subclassifications)
1 per 300 sq. ft. of floor area.

Building Materials Services 1 per 400 sq. ft. of floor area; 1 per 600 sq. ft. of outdoor display area.

Ordinance No. 1909

TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Business Services 1 per 300 sq. ft. of floor area.

Commercial Entertainment and
Recreation
Establishments with seating: 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or moveable seats are provided.

Bowling alleys: 3 per lane.

Other Commercial Entertainment and Recreation uses: to be determined by Zoning Administrator.

Eating, Drinking, and Smoking Establishments
Bars/Night Clubs/Lounges Minimum 2 spaces. 1 per 75 sq. ft. of customer seating area.

Coffee Shops/Cafes Minimum 2 spaces. 1 per 100 sq. ft. of customer seating area.

Restaurants Minimum 2 spaces. 1 per 75 sq. ft. of customer seating area; no parking is required for outdoor seating when seats provided equal 50 percent or less of total indoor seating.

Tobacco Bars Minimum 2 spaces. 1 per 75 sq. ft. of customer seating area.

Food and Beverage Retail Sales 1 per 250 sq. ft. of floor area.

Funeral Parlors and Mortuaries 1 for each 4 permanent seats in assembly areas, plus 1 per 250 sq. ft. of office area.

Hotels and Motels 1 per each living or sleeping unit, plus 2 spaces adjacent to registration office. Additional parking required for ancillary uses, such as restaurants, according to the parking requirements for the ancillary use.

Light Fleet-based services 1 per 250 sq. ft. of office floor area, plus one space for each fleet vehicle.

Maintenance and Repair Services 1 per 350 sq. ft. of building floor area, plus one space for each fleet vehicle.

Medical Facilities
Hospital 1 per bed; plus 1 per 250 sq. ft. of area used for office, clinics, testing, research, administration, and similar activities associated with the principal use.

Medical Clinic 1 per 200 square feet
Single Physician Office 1 per 175 square feet
Nurseries and Garden Centers 1 per 250 sq. ft. of floor area, plus 1 per 500 sq. ft. of outside display or greenhouse area.

Offices
(All Subclassifications)
1 per 250 sq. ft. of floor area.

Parking, Public or Private 1 per attendant station (in addition to the spaces that are available to public).

Personal Services 1 per 200 sq. ft. of floor area.

Ordinance No. 1909

TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Retail Sales
Less than 50,000 square feet 1 per 250 sq. ft. of floor area. 50,000 square feet or more 1 per 300 sq. ft. of floor area.

Salvage and Wrecking 1 per 500 sq. ft. of building area plus 1 per 0.5 acre of gross outdoor use area.

Sexually Oriented Business As determined by the Zoning Administrator based upon requirements for the most similar comparable use
Wholesaling and Distribution 1 per 2,000 sq. ft. of floor area.

Industrial Use Classifications
Construction and Materials Yards To be determined by Zoning Administrator.

Handicraft/Custom Manufacturing 1 per 2,000 sq. ft. of floor area.

Industry, General 1 per 1,000 sq. ft. of floor area.

Industry, Limited 1 per 1,000 sq. ft. of floor area.

Recycling Collection Facilities
Recycling Collection Point Minimum 1 space. Number of additional spaces to be determined by the Zoning Administrator.

Recycling Processing Facility 1 for each 2 employees on the maximum work shift, or 1 per 1,000 sq. ft. of floor area, whichever is greater.

Warehousing and Storage
Chemical, Mineral, and
Explosives Storage
1 per 2 employees or 1 per 200 sq. ft. of office area, whichever is greater.

Indoor Commercial Storage 1 per 1,000 sq. ft. of floor area.

Outdoor Storage 1 per 2 employees or 1 per 200 sq. ft. of office area, whichever is greater.

Personal Storage 1 space per 75 storage units, plus 1 space per 300 square feet of office area. A minimum of 5 spaces shall be provided.

Transportation, Communication, and Utilities Use Classifications Airports and Heliports To be determined by the Zoning Administrator.

Communication Facilities
Antennae and Transmission
Towers
Minimum 1 space for maintenance and servicing. Additional spaces to be determined by the Zoning Administrator.

Facilities within Buildings To be determined by the Zoning Administrator.

Freight/Truck Terminals and
Warehouses
1 for each 2 employees on the maximum work shift, or 1 for each 3,000 sq. ft. of floor area, whichever is greater.

Transportation Passenger Terminals To be determined by the Zoning Administrator.

Utilities, Major To be determined by the Zoning Administrator.

Ordinance No. 1909

TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Utilities, Minor None.

Agriculture and Extractive Use Classifications
Crop and Animal Raising 1 for every 2 employees on the maximum shift.

Mining and Quarrying 1 for every 2 employees on the maximum shift.

SECTION 16: Section 701.02 of Series 700 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

Social Service Facilities. Any noncommercial facility, such as homeless shelters, and emergency shelters, that may also provide meals, showers, and/or laundry facilities.

Specialized programs and services related to the needs of the residents may also be provided. This classification excludes transitional housing facilities that provide living accommodations for a longer term. This classification includes interim housing options such as navigation centers, bridge housing, and respite and recuperative care.

This ordinance shall be in full force and effect thirty (30) days from and after its publication and passage.

PASSED, APPROVED, AND ADOPTED this 21st day of January, 2025. ___________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk

By: _________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 24.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Consideration of the Establishment of a Charter Review Committee SOURCE: City Manager's Office
COMMENT: At its meeting on December 10, 2024, the City Council approved Mayor Meister's request to consider the formation of a Charter Review Committee to undertake an update to the City Charter, as a Scheduled Matter at its meeting on January 21, 2025.

The most recent updates to the City Charter include an amendment to designate “In God We Trust” as the City’s Official Motto in 2008, as well as a comprehensive update in 2014.

The establishment of a Charter Review Committee requires considerations to be made, including the committee’s charge and scope, as well as the composition and appointment method of committee members. At the Council’s discretion, the charge and scope of the committee could be as narrow or broad as it deems appropriate. The City Council could direct the Committee to only review those items identified by the Council, or it could allow for a broader scope of review and recommendation by the Committee.

Council has discretion in determining the composition of the Committee.

There are a variety of options the Council can consider concerning the number of members and criteria for eligibility. In the most recent comprehensive update conducted in 2014, the City Council established a nine-member Charter Review Committee, with eligibility criteria requiring that the committee members be a registered voter within the City of Porterville. When determining the size of the committee, the number of members has varied over the years.

The Council also has the ability to set the appointment method for the Charter Review Committee. The appointment method utilized by the City Council previously, provided each Council Member the ability to appoint one member, with the remaining four members being selected by a majority of the City Council. Alternatively, the Council could utilize the current process in filling other City commission/committee vacancies, with a Council majority selecting all of the members.

In order to place the amendments on the November 3, 2026 ballot, Item No. 24.

Elections Code requires that the election be called no later than 88 days prior to the election, or August 7, 2026. Based on that deadline, staff has prepared a proposed timeline for Council’s consideration. Please note, time buffers are built into the proposed timeline to accommodate unanticipated delays. Should the City Council wish to proceed with the establishment of a Charter Review Committee, staff will bring a draft resolution forward representative of the direction at a future City Council meeting for Council’s consideration.

RECOMMENDATION: That the City Council:

1. Provide direction on the establishment of a Charter
Review Committee, including the committee’s charge and
scope;

2. Provide direction on the committee’s composition and appointment method; and

3. Provide direction on the proposed ballot measure
timeline.

ATTACHMENTS: 1. City Charter

2. Draft Charter Review Committee Timeline
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager

CITY CHARTER
Sec. 1. Name Of City; Perpetual Succession.

The municipal corporation now existing and known as the "City Of Porterville" shall remain and continue a body politic and corporate, as at present, in fact and in law, by the name of the "City Of Porterville," and by such name shall have perpetual succession.

Sec. 1.1. City Motto.
"In God We Trust" shall be designated as the official motto of the city of Porterville. (6-24-2008) Sec. 2. Boundaries.

The boundaries of the city of Porterville shall continue as now established until changed in some manner authorized by law.

Sec. 3. Rights And Liabilities Of Cities; Prior Contracts, Liabilities, Etc., Continued In Effect.

The city of Porterville shall remain vested with and continue to have, hold, and enjoy, all property, rights of property, and rights of action of every nature and description, now pertaining to said municipality, and is hereby declared to be the successor of the same. No right, liability, pending suit or prosecution on behalf of, or against, the city shall be affected by the adoption of this charter. All contracts entered into by the city prior to the taking effect of this charter shall continue in full force and effect.

Sec. 4. General Powers Of City; Official Seal.

The city of Porterville, by and through its council and other officials, shall have and may exercise all powers necessary or appropriate to a municipal corporation and the general welfare of its inhabitants, which are not prohibited by the constitution, and which it would be competent for this charter to set forth particularly or specifically; and the specifications herein of any particular powers shall not be held to be exclusive or any limitation upon this general grant of power. General powers of the city include, but are not limited to, the powers necessary or appropriate to promote the health, welfare and education of its inhabitants. The city shall have and use a common seal and the official seal hereinbefore adopted and now in use by said city shall continue to be the official seal of said city. (3-4-2003) Sec. 4.1. Intergovernmental Powers.

The city may exercise and perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by agreement or otherwise, with any one or more states or any agency of California, or any governmental jurisdiction or nonprofit corporation thereof, or the United States or any of its agencies or instrumentalities. (3-4-2003) Sec. 4.2. Liberal Interpretation.

The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way any of the powers granted by this charter. (3-4-2003) Sec. 5. When Elections To Be Held; Special Elections; Procedure For Elections For Local Improvements Or Levies Of Assessment Or Bonded Indebtedness.

General municipal elections shall be held in said city at the same time as the general election for federal offices in the state of California under and pursuant to the general laws of the state of California governing elections in charter cities, so far as the same may be applicable, and except as herein otherwise provided. All other municipal elections that may be held by authority of this charter or of general law shall be known as special municipal elections, and shall be held, substantially as in this charter provided for general municipal elections; providing, however, that special elections to authorize any municipal or local public improvement, or the levy of assessment therefor, or to create a municipal bonded indebtedness, shall be held in conformity with any general law of the state relative thereto under which any such proceeding is instituted by the council, in case such general law provides for the procedure and manner of holding elections thereunder. (4-6-1971; 4-5-1977; 3-4- 2003; 7-1-2014)
Sec. 6. Initiative, Referendum And Recall.

Ordinances may be initiated, or the referendum exercised on ordinances passed by the council, under and in accordance with the constitution and general laws of the state. Any elective officer may be recalled from office under and pursuant to the provisions of the constitution and general laws, provided that a special election shall be held at the same time as the recall election, in accordance with the constitution and general laws of the state, for the purpose of electing officers to fill the place or places of the officers sought to be recalled. (4-6-1971; 3-4-2003) Sec. 7. Elective Officers To Be Residents.

In order to be eligible to hold any elective office in the city of Porterville, a person must be a resident and elector therein, and shall have resided in said city for at least thirty days next preceding the filing of their nominating papers, or equivalent declaration or candidacy, and be an elector at the time of said filing. (4-6-1971; 4-5-1977; 3-4-2003) Sec. 8. Elective Officers.

The elective officers of the city of Porterville shall be five councilmen, who shall be elected from the city at large at a general municipal election therein.

Sec. 9. Legislative Body; Composition; Election; Term; Compensation; Ineligibility For Other City Office; President Of Council; Vice-President; Installation Of Newly Elected Officers; Powers To Be Exercised By Council.

The legislative body of the city shall consist of five persons elected at large, which body shall be known as the council.

The members of the council shall be elected by the qualified voters of the city at a general municipal election to be held in the said city at the same time as the general election for federal offices for the state of California. They shall hold office for the period of four (4) years from and after the Monday next succeeding the day of their election and until their successors are elected, and qualified; provided the respective terms of any council member presently serving or elected at the time of the adoption of this amendment shall be extended one additional year to the even-numbered year following the expiration of their respective terms. (3-4-2003; 7-1-2014)
The members of the council shall each receive the sum of twenty dollars ($20.00) for each council meeting actually attended; the mayor shall receive the sum of twenty- five dollars ($25.00) for each meeting of the council actually attended, provided, however, that the members of the council shall not receive compensation for more than seven meetings in any one calendar month. In addition, the council shall be reimbursed for necessary expenses incurred for authorized city business. (4-6-1971)
The members of the council shall not be eligible to any other office or employment with the city.

The council shall reorganize at its next meeting following each municipal election and shall choose one of their number to serve as president of the council to be known as mayor. At this time the council shall also choose one of their number to serve as vice-president, and he/she shall act as mayor pro tempore in case of the absence, sickness or other disability of the mayor. The mayor and mayor pro tempore shall serve a two year term, but either may be removed at any time by a majority vote of the council. If the council removes the mayor prior to the expiration of his/her term pursuant to this provision, the council shall choose one of their number to serve as mayor until the next organizational meeting. (3-4-2003) The council shall meet at its usual meeting place on the first Monday after any municipal election, duly canvass the returns and declare the result thereof, and install the newly elected officers, if any.

All powers granted to and vested in the city of Porterville by law or by the provisions of this charter, shall, except as herein otherwise provided, be exercised by the council to be designated the "Council Of The City Of Porterville." The council shall be the governing body of the city and subject to the express limitations of this charter shall be vested with all the powers necessary or convenient for a complete and adequate system of municipal government, consistent with the constitution of the state. (4-6-1937)
Amendment note - The third paragraph of § 9 was amended April 6, 1971. Formerly said section allowed each council member the sum of $5.00 for each meeting actually attended, for not more than two meetings in any one month.

Sec. 9.1. Public Participation.

The council shall continue to encourage the organization of and communication with representative neighborhood groups throughout the city to encourage citizen participation, to seek advice and input and to provide information to the public relative to city matters and affairs. (3-4-2003)
Sec. 10. Time And Place Of Council Meetings; Meetings To Be Open To Public; Council To Adopt Rules For Conduct Of Its Own Proceedings.

The council shall provide by ordinance for the time and place of holding its meetings. Special meetings shall be called in accordance with the provisions of general law. There shall be at least one (1) regular meeting in each month. Any regular meeting may be adjourned to a date and hour certain, and such adjourned meeting shall be a regular meeting for all purposes. (4-6-1971)
Except for special meetings with the legislative bodies of other political subdivisions, or informational meetings held within a community in accordance with the Brown act where no action is to be taken, all meetings of the council shall be held at or on publicly-owned facilities, unless by reason of fire, flood, or other disaster, or lack of seating capacity, the public-owned facilities cannot be used for that purpose, and all meetings shall be open to the public. The council shall adopt rules for conducting its proceedings and may punish its members or other persons present at any meeting for disorderly conduct. (4- 2-1963; 3-4-2003; 7-1-2014)
Amendment note - The first paragraph of § 10 was amended April 6, 1971, by changing the manner of calling special meetings. Formerly the council provided by ordinance "the manner in which its special meetings may be called." The second paragraph of § 10 was amended March 4, 2003 to allow meeting outside city hall.

Sec. 11. Quorum; Compelling Attendance At Meetings.

A majority of the council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and postpone the consideration of or action upon, pending business in like manner. Attendance at meetings of absent members of the council may be compelled in such manner and under such penalties as may be prescribed by ordinance.

Sec. 12. How Council Acts On Legislative Matters; Resolutions; Records Of Votes; Requirement That All Members Vote; How Ordinances Headed; Ordaining Clause; Ordaining Clause Of Ordinances Passed By Initiative; When Ordinances To Be Passed; Publication; Effective Date Of Ordinances; Certain Matters Required To Be Passed By Ordinance; Repeal Of Ordinances; Revision Of Ordinances; Ordinances To Be Signed By Mayor And Attested By Clerk.

The council shall act in legislative matters by ordinance or resolution only. Other action of the council, unless herein otherwise provided, may be taken by resolution, motion, or order.

The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the record of the proceedings of the council. Upon the request of any member of the council, the ayes and noes shall be taken and recorded upon any vote. All members present at any meeting must vote; provided that no such member of the council shall cast a vote when to do so would be contrary to the applicable provisions of state law, including the laws pertaining to conflict of interest. (3-4-2003)
No ordinance or resolution shall be passed without receiving the affirmative votes of at least three members of the council.

Each ordinance shall be headed by a brief title which shall indicate the purport thereof.

The ordaining clause of all ordinances adopted by the council shall be, "The Council of the City of Porterville do ordain as follows:"
The ordaining clause of all ordinances passed by the vote of the electors of the city, through the exercise of the initiative shall be, "The People of the City of Porterville do ordain as follows:" No ordinance shall be passed by the council at any time other than at a regular meeting, and until its publication, in a manner and for a time period as determined and set forth by ordinance. (7-1-2014) Except an ordinance calling or otherwise relating to an election, no ordinance passed by the council of the city of Porterville, except when otherwise specially required by the laws of the state, and except an ordinance for the immediate preservation of the public peace, health or safety, which contains a declaration of, and the facts constituting its urgency and is passed by a four-fifths (4/5) vote of the council, and no ordinance granting a franchise, shall go into effect before thirty (30) days from its final passage.

Except as otherwise provided by general law, or this charter, no action providing for the granting of any franchise, or for the establishing or changing fire zones, or for the imposing of any penalty, shall be taken except by ordinance. (3-8-1983) No ordinance, or portion thereof, shall be repealed except by ordinance. No ordinance shall be revised, reenacted or amended by reference to its title only; but the ordinance to be revised or reenacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto shall be set forth and adopted according to the method provided in this section for the enactment of ordinances, and such revision, re-enactment, amendment, or addition, shall be made by ordinance only.

All ordinances shall be signed by the mayor and attested by the city clerk.

Sec. 13. Legislative Officers; Administrative Officers; Other Officers And Commissions; Consolidation Of Offices.

The legislative officers of the city of Porterville shall consist of five (5) members of the council, one of whom shall act as mayor. In addition, there shall be the following administrative officers who shall be appointed by the council: a city manager, a city attorney and a city clerk.

The council may, by ordinance provide for such other officers as deemed necessary and the council may further establish by ordinance commissions deemed by it to be necessary or proper to aid in the orderly administration of the city of Porterville.

All members of commissions and legislative committees shall be appointed by the council. The council may appoint members to other boards or committees. Administrative officers may appoint members to temporary administrative committees. (3-4-2003)
The council may, at any time, when in its judgment, the interest of the city so demands, by a four-fifths (4/5) vote thereof, consolidate by ordinance two or more city administrative offices and place the same in charge of one such officer. (4-2-1963; 4-6-1971; 3-8-1983)
Sec. 14. Official Bonds; Where Filed.

When in this charter not otherwise prescribed, the council shall determine which officers shall give bonds for the faithful performance of their official duties, and shall fix the amount of said bonds. Such officers before entering upon their official duties, shall execute a bond to the city in the penal sum required, which bond shall include any other office of which they may be ex-officio incumbent. Said bonds shall be approved by the council, filed with the city clerk, and paid for by the city; provided, however, that the bond of the city clerk when approved as aforesaid shall be filed with the city treasurer. Nothing in this section shall prevent the authorization or furnishing of a blanket bond to assure the honesty or faithful performance of any of its officers or employees. (3-4-2003)
Sec. 15. Oath Of Office.

Every officer and employee of the city, before entering upon the duties of his/her office shall take and subscribe the oath of offices as provided for in the constitution of the state, and shall file the same forthwith with the city clerk. (4-6-1971; 3-4- 2003)
Sec. 16. Vacancies In Office; When Offices Declared Vacant.

A vacancy in any legislative office, from whatever cause arising excluding any vacancy created due to a successful recall election, shall be filled by appointment by the council, such appointee to hold office until the next general municipal election, when a successor shall be chosen by the electors for the unexpired term; provided, that if the council fails to agree or for any other reason does not fill such vacancy within thirty days after the same occurs, then such vacancy shall be filled by the mayor; provided, however, that if for any reason the seats of a majority of the council shall become vacant, then the city clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the manner provided for general municipal elections. (3-4-2003) If, without permission from the city council, any legislative officer of the city shall remove from the city or absent himself/herself therefrom for more than forty-five (45) days consecutively, or shall fail to attend five (5) consecutive regular city council meetings unless prevented from attending by sickness (but in no case for a period exceeding ninety (90) days), his/her officer shall thereupon become vacant. If for said forty-five (45) day period any legislative officer shall willfully fail or refuse to perform the duties of his office, though able to do so, or shall fail to qualify, or shall resign, or be convicted of a felony or a crime of moral turpitude, or be adjudged mentally incompetent, his/her office shall thereupon become vacant. (3- 4-2003; 7-1-2014)
Sec. 17. Appointment And Removal Of Officers And Employees; Grounds Of Removal; Hearing Prior To Removal.

Except as may be otherwise in this charter provided, the affirmative vote of three (3) members of the council shall be required for the appointment of or the removal of any administrative officer for cause. "For cause" includes, but is not limited to, refusal to perform the duties of his/her office, being adjudged mentally incompetent, or being convicted of a felony or crime of moral turpitude. The administrative officer is entitled to a hearing before the council on the validity of the grounds providing the basis for removal for cause. (3-8-1983; 3-4-2003) The council may remove any of its administrative officers at its pleasure, without cause stated or at hearing had, by the affirmative vote of four members cast in favor of such removal, and the determination of the council in such matters shall be final and conclusive. (3-8-1983)
Editor's note - Prior to its complete restatement by an amendment adopted March 8, 1983, § 17 had been amended February 5, 1935, and April 6, 1971.

Sec. 17-A. Retirement Age For City Employees.

Repealed March 8, 1983.

Sec. 17A. Retirement Age For City Employees Effective April 2, 1975.

Repealed March 8, 1983.

Sec. 18. Compensation Of Appointive Officers And Employees; Limitation As To Least Amount Of Compensation; Fees Abolished.

The council shall fix the compensation of all appointees and employees except officials and members of boards, commissions and committees serving gratuitously. Said compensation shall be fixed, increased or changed by resolution, adopted by a three-fifths (3/5) vote of the council. (4-6-1971; 3-4-2003) The duties or the minimum compensation of any appointive official shall not be so established by the council as to in effect abolish the office.

The salary of any appointive official or employee of the city shall cease forthwith with his/her removal or resignation from office or employment, provided, however, that the city manager may be entitled, if authorized by the city council, to severance pay in an amount not to exceed the equivalent of 12 months' salary, subject to any other restrictions set forth by state law. (3-4-2003; 7-1-2014)
No officer or employee shall be allowed any fee, perquisite, emolument, or stipend, in addition to, or save as embraced in the salary or compensation fixed for such office by the council, if a council appointee, or the manager if a manager appointee, and all fees received by such officers or employees in connection with his/her official duties shall be paid by him/her into the city treasury, and a written report made of same, provided, however, that rewards which have been publicly offered for the apprehension of criminals may be received by the officer or officers making the apprehension, after deducting therefrom any expense that the city may have sustained in the matter. (2-5-1935; 4-6-1971; 3-4-2003) Amendment note - The first and fifth (now fourth) paragraphs of § 18 were amended April 6, 1971. Formerly compensation was fixed, increased or changed by ordinance. The former second paragraph of § 18, which authorized the city manager to fix the compensation of his appointees, was repealed.

Sec. 19. Duties Of The Mayor Generally.

The mayor shall be the executive head of the city. In case of riot, insurrection, extraordinary emergency, or other disaster, he/she shall be responsible for making a public declaration of a state of emergency and shall assume all other responsibilities required of him/her pursuant to the city's disaster plan. (3-4-2003) In the name and on behalf of the city, he/she shall sign all contracts, deeds, bonds and other legal instruments in which the city is a party. (3-4-2003)
He/she shall represent the city at all ceremonial functions of a social or patriotic character when it is desirable or appropriate to have the city represented officially thereat. (2-5-1935; 3-4-2003) In the absence of the mayor, for whatever reason, the vice president of the council shall assume the duties as mayor pro tempore. (3-4-2003)
Sec. 20. City Attorney; Qualification; Duties; Assistant Attorney.

The city attorney shall be an attorney-at-law, admitted to practice as such before the supreme court of the state, and who has been in actual practice therein for at least three years next preceding his/her appointment. All other things being equal, an attorney who has had special training or experience in municipal corporation law shall be appointed to this office if practicable. The city attorney shall be legal advisor of the council, and all other city officials. He/she shall prosecute all violations of city ordinances and shall draft all contracts and other legal documents and instruments, required by the council or the city manager. He/she shall perform such other legal services as the council may direct and shall attend all meetings of the council unless excused therefrom by three members thereof or by the mayor.

When from any cause the city attorney is unable to perform the duties of his/her office, he/she may, with the consent of the council, appoint some other qualified attorney to temporarily act in his/her place and whenever in the judgment of the council, the interests of the city require it, it may employ assistant counsel.

The city attorney shall deliver all books, records, papers, documents and personal property of every description, owned by the city, to his/her successor in office, and the city shall provide a means of safe-guarding the same.

He/she shall possess such other powers, and perform such additional duties, not in conflict with this charter as may be prescribed by ordinance. (3-4-2003)
Sec. 21. City Manager; To Become Resident; Powers And Duties; Bond.

The city manager shall be the administrative head of the city government. The city manager shall establish residency in the city of Porterville within a reasonable period of time within the discretion of the council. His/her powers and duties shall be as follows:
(a) To see that all ordinances are enforced.
(b) To appoint except as otherwise provided in this charter, all heads of departments, subordinate officials and employees, and remove the same, except as otherwise herein provided, and have general supervision and control over the same.
(c) Repealed. (4-6-1971)
(d) To see that all the provisions of all franchises, permits, and privileges granted by the city are fully observed, and report to the council any violation thereof.
(e) To act, as purchasing agent for the city, should he/she be so appointed by the council. (f) To attend all meetings of the council unless excused therefrom by the council or mayor. (g) To examine or cause to be examined, without notice, the conduct of any officer or employee of the city. (h) To keep the council advised as to the needs of the city. (i) To devote his/her entire time to the interests of the city. (j), (k) Repealed. (4-6-1971)
(l) Repealed. (3-4-2003)
(m) To possess such other powers and perform such additional duties as are prescribed by this charter, or may be prescribed by ordinance. (2-5-1935)
(n) Repealed. (4-6-1971)
Sec. 22. City Manager Pro Tem.

In case of an illness, scheduled vacation or scheduled absence from the city of the city manager, for a period of up to thirty (30) days, the individual designated as the deputy city manager shall serve as city manager pro tem. In the event that a deputy city manager has not been designated or the deputy city manager is otherwise unable to serve, the city manager shall appoint one of the existing directors of the city departments to serve as city manager pro tem. (3-4-2003) In the case of any other absence, excluding a vacancy of the city manager position, from the city of the city manager, or his/her temporary disability to act as such, the council shall appoint a city manager pro tem, who shall possess the powers and discharge the duties of the city manager during such absence or disability only; provided, however, that a city manager pro tem shall have no authority to appoint or remove any city department director except with the unanimous formal approval of all of the members of the council. In the event that the city manager position is vacant, the council shall appoint a city manager or acting/interim city manager in accordance with sections 13 and 17 of this charter. (3-4-2003) Sec. 23. City Clerk; To Be Clerk Of The Council When So Appointed; Duties; To Keep Corporate Seal.

The city clerk shall be clerk of the council when so appointed by the council. (3-4-2003) It shall be the duty of the city clerk to attend all sessions of the council and keep a full and correct record of the proceedings of each of said bodies. The proceedings of the council shall be kept in a book marked "Minutes of the Council." He/she shall keep a book marked "Ordinances" into which he/she shall copy all city ordinances certifying that each such copy is a full and correct copy of the original ordinance, and stating that the same has been published as required by law. Said record copy, so certified, shall be prima facie evidence of the contents of the ordinance, and of its passage and publication and shall be admissible as such evidence in any court or proceedings. Such record shall not be filed but shall be returned to the custody of the city clerk. He/she shall also keep a book marked "Resolutions," into which he/she shall copy all resolutions passed by the council. Both the books containing ordinances and resolutions, shall be adequately and comprehensively indexed.

He/she shall conduct promptly, and keep a systematic record of all correspondence between the council and third parties relating to city business.

He/she shall be the keeper of the corporate seal of the city, and shall affix the same to instruments or writings requiring authentication. He/she shall safely keep all records, documents, ordinances, resolutions, books and such other papers and matters, as may be regularly delivered into his/her custody or required by law or ordinance to be filed with him/her. (4-2- 1963; 4-6-1971; 3-4-2003)
Amendment note - The first paragraph of § 23 was amended April 6, 1971 by the addition of the words "when so appointed by the council." The former fourth paragraph of § 23 relating to the clerk's duties as assessor, was repealed April 6, 1971.

Sec. 24. Director Of Finance; Payment Of Demands; To Check Annual Tax Roll.

The city manager shall appoint the director of finance of the city, who shall serve as the general accountant of the city.

He/she shall receive and preserve in his office all accounts, books, vouchers, documents and papers relating to the accounts of the city, its debts, revenues and other financial affairs. He/she shall keep an account of all moneys paid into and out of the treasury; and keep informed as to the exact condition of the treasury at all times. (4-6-1971) Every demand upon the treasury, before its approval by the council, must be presented to the director of finance, who shall satisfy himself/herself whether the money is legally due, and its payment authorized by law. If satisfactory, he/she shall draw a warrant upon the treasury for the payment thereof. Every demand approved by the director of finance shall specify on its face the several items composing it, with the amounts and dates thereof. The approval of the council shall not be necessary to draw warrants for the payment of regular salaries of officials and employees of the city, or for payment of any obligation previously authorized by law, or by resolution or order of the council. (4-6-1971) He/she shall render each month a statement to the council showing the financial condition of the city, and annually a like statement covering all of the financial transactions of the city during the year previous.

After the annual tax roll has been completed, and before it is deposited with the collector, the director of finance shall make a check of the roll correcting any errors that may be found and endorse same with his/her approval. (4-6-1971; 3-4-2003) Amendment note - The first, second and fourth paragraphs of § 24 were amended April 6, 1971. Formerly the auditor was the general accountant of the city who performed the duties set out in the section.

Sec. 25. City Treasurer; Appointment; Duties; Bond.

Repealed April 6, 1971.

Sec. 26. Repealed April 2, 1963.

Sec. 27. Chief Of Police; Duties; Appointment And Removal Of Subordinates; To Make Rules And Regulations.

Repealed April 6, 1971.

Sec. 28. Fire Chief; Appointment; Duties And Powers.

Repealed April 6, 1971.

Sec. 29. Collector; Duties.

Repealed April 6, 1971.

Sec. 30. City Engineer; Powers And Duties.

Repealed April 6, 1971.

Sec. 31. Office Of Purchasing Agent Authorized; Duties Of Heads Of Offices To Submit Estimates To Agent; Duties Generally; Competitive Bidding; Preference To Local Merchants.

Repealed April 6, 1971.

Sec. 32. Street Superintendent.

Repealed April 6, 1971.

Sec. 33. Qualifications Of Health Officer; Duties.

Repealed April 6, 1971.

Sec. 34. Vacations.

Repealed April 6, 1971.

Sec. 35. Additional Duties Of Officers.

Besides the duties herein specified, all officers and boards shall perform such other appropriate duties as may be prescribed by ordinance or the general laws.

Sec. 36. Officers And Employees To Continue In Office Until Successor Elected Or Qualified.

Until the election or appointment and induction into office of the officers and employees in this charter provided for, the present officers and employees shall without interruption, continue to perform the duties of their respective offices and employments for the compensation provided by existing ordinance or laws.

Sec. 37. Resignations From Office; Candidates For Office Not Required To Resign From Other Office Prior To Appointment Or Qualification; When Resignation Effective.

Repealed April 6, 1971.

Sec. 38. Officers And Boards Having Power To Administer Oaths And Issue Subpoenas; Contempt Proceedings.

Repealed March 8, 1983.

Sec. 39. Fiscal Year.

The fiscal year of the city shall commence on the first day of July of each year, or at such other time as may be fixed by ordinance. (3-4-2003)
Sec. 40. Taxation To Conform To General Laws Of The State.

Except as otherwise herein provided the council shall, by ordinance, provide a system for the assessment, equalization, levy, and collection of taxes, which, as nearly as may be, shall conform to the system provided by the general laws of the state; provided, that all sales for delinquent taxes shall be made to the city of Porterville. Should the council fail to fix the tax rate within the time prescribed, then the tax rate of the previous year shall constitute the rate for the current year.

Sec. 41. Board Of Equalization.

Repealed March 4, 2003.

Sec. 42. Annual Tax Levy To Be Affixed.

The council, not later than its second regular meeting in August, shall fix a rate of taxation sufficient to raise the amounts established by council action pursuant to section 44. The council shall notify the county assessor who shall thereupon compute and carry out the amount of tax so levied on each parcel of property contained in the assessment roll for the city. (4-6-1971; 3-4-2003)
Amendment note - On April 6, 1971, § 42 was amended by changing the meeting date from the first regular meeting in September to the second regular meeting in August.

Sec. 43. Limitation On Tax Levy.

Repealed March 4, 2003.

Sec. 44. Limitation On Special Tax Levies; Enumeration Of Purposes For Which Special Taxes May Be Levied.

The council shall have the power to levy and collect taxes, in addition to the taxes herein or by general law authorized to be levied and collected, sufficient to pay and maintain the sinking fund of the bonded indebtedness of the city; and for the following purposes: (4-6-1971)
(a) For the support and maintenance of the fire department, for fire protection purposes, at the rate of not more than three mills on each dollar of the assessed valuation of the real and personal property within the city; (4-6-1971) (b) For the acquisition, construction and maintenance, as the case may be, of permanent public improvements, of real property, of public buildings and structures, and of public offices, including equipping and furnishing the same, at the rate of not more than two mills on each dollar thereof;
(c) For the maintenance and support of free public libraries and reading rooms in said city, at the rate of not more than two mills on each dollar thereof.
(d) For the maintenance and support of free public parks and playgrounds in said city, at the rate of not more than two mills on each dollar thereof;
(e) For music, entertainment, and promotion, at the rate of not more than one mill on each dollar thereof. (2-5-1935; 4-5- 1949)
Amendment note - The first paragraph and subsection (a) of § 44 were amended April 6, 1971. In the first paragraph the words "at not to exceed the following rates" was deleted. In subsection (a), the rate was changed from five mills to three mills and the firemen's relief fund was eliminated as a purpose.

Sec. 45. Taxes And Assessments To Constitute A Lien; Foreclosure.

All taxes and assessments levied, together with any percentages imposed for delinquency and cost of collection, shall constitute liens on the property assessed; every tax upon the personal property shall be a lien upon the real property of the owner thereof. The liens provided for in this section shall attach as of the first Monday in March each year and may be enforced by actions to foreclose such liens in any court of competent jurisdiction, or by a sale of the property affected and the execution and delivery of all necessary certificates and deeds therefor, under such regulations as may be prescribed by ordinance; provided that when real estate is offered for sale for city taxes due thereon the same shall be sold to the city in like case and manner, and with like effect and right of redemption as it may be struck off and sold to the state when offered for sale for county taxes; and the council shall have power to provide by ordinance for the procedure to be followed in such sales to the city and redemption thereafter.

Sec. 46. Disposition Of City Money.

All moneys collected for the city by any officer or department thereof shall be paid into the treasury daily if possible, and at least once each week.

Sec. 47. Application Of Surplus Bond Money.

All moneys derived from the sale of bonds, including premiums and accrued interest, shall be applied to the purposes for which the bonds were voted. After such purposes have been fully completed and paid for, any remaining surplus shall be transferred to the bond and interest redemption fund.

Sec. 48. Payment Of City Money; Expenditures And Indebtedness; Presentation Of Demands; Warrants On Treasury.

No money shall be expended on behalf of the city, for any purpose, unless and until the same shall have been authorized by a majority vote of the council; provided that following every council election, the city council may, by a majority vote, adjust the amount of money that may be expended on behalf of the city, without prior specific council authorization. (3-4-2003; 7-1- 2014)
The city council, by resolution by a majority vote of the council, shall establish the maximum amount of money to be expended on behalf of the city without first requiring specific council authorization, except as otherwise provided for in this charter; provided further that said maximum amount once established by resolution shall not be adjusted until after each general council election. (7-1-2014)
No indebtedness shall be incurred on behalf of the city, for any purpose, unless and until the same shall have been authorized by resolution by a four-fifths (4/5) vote of the council; provided that following every council election, the city council may, by a four-fifths majority vote, adjust the amount of indebtedness that may be incurred, on behalf of the city, without prior specific council authorization. (7-1-2014) The city council, by resolution approved by a four-fifths vote of the council, shall establish the maximum amount of indebtedness to be incurred on behalf of the city without first requiring specific council authorization, except as otherwise provided for in this charter; provided further that said maximum amount once established shall not be adjusted until after each general council election, and then only by resolution by a four-fifths majority vote. (3-4-2003; 7-1-2014) Indebtedness evidenced by general obligation bonds shall be incurred by the city only if approved by the city council and authorized by the voters as required by the constitution and general laws of the state. (7-1-2014) All demands against the city shall, before being paid, be presented to and approved by the proper board, commission or officer, as herein provided. Demands for which no appropriation has been made shall be presented to the city manager, provided, that any person dissatisfied with the refusal of the city manager to approve any demand, in whole or in part, may present the same to the council, and the approval of such demand by the council shall have the same effect as its approval by the city manager; and provided further, that if the council shall provide for other boards or commissions, it may make provision for the presentation to and approval by any such board or commission of demands for liabilities incurred by them. (7-1-2014)
The council may provide for a revolving cash fund as authorized by ordinance by four-fifthsmajority vote of the council; provided that effective January 1, 2004, and following every council election thereafter, the city council may, by a four-fifths majority vote, adjust the revolving cash fund. The amount shall be paid to the city manager, and used by him/her for the payment in cash, of expenditures provided for in the budgets that cannot conveniently be paid otherwise. He or she shall account to the council for all payments by him or her out of said fund when making demand for the replenishment of the same, and at such other times as the council may require, and they shall thereupon be charged against the proper appropriations. (3-4-2003; 7-1-2014)
All demands approved by the proper board, commission or officer shall be presented to the director of finance, who shall examine the same, and if the amount thereof is legally due and there remains on his books an unexhausted balance or an appropriation against which the same may be charged, he/she shall approve such demand and draw and sign his warrant on the treasurer therefor, payable out of the proper fund. Objections of the director of finance to any demand may be overruled by the council, and the director of finance shall thereupon draw his warrant as directed by the council. Such warrants, when presented to the treasurer, shall be paid by him/her out of the fund therein designated, if there be sufficient money in such fund for that purpose. A warrant not paid for lack of funds shall be registered, and all registered warrants shall be paid in the order of registration when funds are available therefor; all such registered warrants shall bear interest at the rate of six percent (6%) per annum. The director of finance shall draw his/her warrants for payment of municipal or other bonds payable out of the funds in the treasury upon presentation and surrender of the proper bonds or coupons without approval of anybody or officer. The council may make further regulations by ordinance regarding the presentation, approval and payment of demands against the city. (3-4-2003; 7-1-2014) Sec. 49. Monthly Financial Reports Required.

All officers required by this charter or by ordinance to submit monthly financial reports to the council, shall submit the same in duplicate, and upon their approval by the council, one of each of such duplicate reports shall be posted forthwith in the office of the city clerk in such manner as to be readily accessible to the public, and shall remain so posted until the approval by the council of the next succeeding financial report when the same procedure shall be followed in relation thereto. The council, in addition to such posting, may, in its discretion, cause any of such reports to be published at any time.

Sec. 50. Approving Illegal Claims To Forfeit Office.

Every officer who shall wilfully approve, allow or pay, any demand on the treasury not authorized by law, shall be liable to the city individually and on his/her official bond for the amount of the demand so approved, allowed, or paid, and shall forfeit his/her office and be forever disbarred from holding any position in the service of the city.

Sec. 51. Annual Budget Contents; Publication.

Not later than thirty days before the end of the city's fiscal year, the city manager shall submit to the council an estimate of the expenditures and revenues of the city departments for the ensuing year. This estimate shall be compiled from detailed information obtained from the several departments on uniform blanks to be furnished by the manager. (4-6-1971; 3-4-2003) Sufficient copies of such estimate shall be prepared and submitted that there may be copies on file in the office of the council for inspection by the public, unless the council shall publish the same in a newspaper.

After duly considering the estimate and making such corrections or modifications thereto as shall seem advisable to it, the council shall by resolution adopt a general budget and such resolution shall operate as an appropriation of funds to the amounts and for the purposes set forth in the budget so adopted. At any meeting after the adoption of the budget, the council, by a vote of three (3) members, may amend or supplement so as to authorize the transfer of unused balances for one purpose to another purpose or to appropriate available revenues not included in the budget. (3-4-2003) Amendment note - On April 6, 1971, the first paragraph of § 51, was amended by deleting the second sentence relating to classification of the estimated expenditures.

Sec. 51A. General Reserve Fund; Purposes.

Repealed April 6, 1971.

Sec. 52. Uniform Accounts And Reports.

Repealed April 6, 1971.

Sec. 53. Written Investment Policy.

The city manager shall recommend and the city council by resolution shall adopt a policy to govern the investment of all city monies, which policy shall be consistent with applicable state law and shall, at a minimum, provide for the investment of all monies in such a manner as to assure the preservation and safety of principal and the integrity of record keeping; identify the types of allowable investments; and provide for the safekeeping of securities. (3-4-2003) Sec. 54. Applicability Of General Laws.

All general laws of the state applicable to municipal corporations now or hereafter enacted, and which are not in conflict with the provisions of this charter or the ordinance of the city hereafter enacted shall be applicable to the city. The council may adopt and enforce ordinances which in relation to municipal affairs, shall control as against general laws of the state.

Sec. 55. Repealed April 2, 1963.

Sec. 56. Public Library.

The free public library of the city of Porterville shall be established, conducted, carried on, managed and operated in accordance with rules, regulations and ordinances passed and adopted by the council of the city of Porterville. (4-7-1959) Sec. 57. Park Commission; Composition; Term; Powers And Duties; Authority To Accept Donations, Legacies Or Bequests.

Repealed April 6, 1971.

Sec. 58. Pensions.

The council shall have and is hereby granted full power and authority to establish, regulate, maintain, revise and amend, a retirement, disability, death benefit and pension system, or either or any of them, for its elective and appointive officers and employees of the city of Porterville and their dependents. Authority and power is hereby vested in the city of Porterville, its council, its officers, agents and employees to do and perform any act or exercise any authority granted, permitted or required whereby the city of Porterville may fully participate in a retirement, disability, death benefit and pension system for its employees.

A system for retirement, disability, death benefit and pension rights for employees and their dependents authorized by this section when established by the council, shall not be terminated without securing the approval of a majority of the electors of the city of Porterville at an election held therefor, except as may be permitted by applicable state law. (4-6-1971; 7-1-2014) The city shall levy and collect taxes sufficient to pay all costs and expenses required to be paid by the city of Porterville to enable the city of Porterville to participate in any such retirement, disability, death benefit or pension system established, set up or maintained by, for or on behalf of the city of Porterville and the limitations of section forty-three of the charter of the city of Porterville, with respect to levying and collecting of municipal taxes, shall not apply to any tax authorized by this article. (4-9-1951; 4-10-1961)
Amendment note - The second paragraph of § 58 was amended April 6, 1971, by eliminating the former first sentence pertaining to employees of the Porterville Public Library.

This section shall be construed in accordance with the California constitution and shall be deemed to allow the city to create, eliminate, or modify its pension and retiree healthcare benefits to the fullest extent permitted by the California constitution and applicable law. (7-1-2014)
Sec. 59. Employment Of Certified Public Accountant To Audit City Books.

The city council shall employ a certified public accountant annually to investigate the accounts and transactions of all city officers and employees having the collection, custody or distribution of public money or property, or the power to approve, allow or audit demands on the city treasury. (2-5-1935; 4-2-1963; 4-6-1971) Amendment note - On April 6, 1971, § 59 was amended by the addition of the word "council" following the second word of the section.

Sec. 60. Financial Interests Prohibited.

City officers and employees are prohibited from having a financial interest in any contract, sales or purchases in accordance with applicable state law. (3-4-2003)
Sec. 61. Competitive Bidding For Contract Work For Erection, Improvement And Repair Of Public Buildings, Etc., Where The Amount Is In Excess Of Five Thousand Dollars.

When a required expenditure exceeds five thousand dollars, it shall be contracted for and let to the lowest responsible bidder after notice. (4-6-1971)
As used in this section public project means a project for the erection, improvement and repair of public buildings and works; work in or about streams, embankments, or other work for protection against overflow; street sewer work except maintenance or repair; furnishing supplies or materials for any such project, including maintenance or repair of streets, sewers or water lines.

The council may reject any or all bids presented and may, at its discretion, readvertise for other bids, or, the council may, after rejecting bids, determine and declare by a four-fifths (4/5) vote of all of its members that the work in question may be more economically or satisfactorily performed by day labor, or the labor or materials purchased at a lower price in the open market and after the adoption of a resolution to this effect it may proceed to have the same done in the manner stated without further observance of the foregoing provisions of this section.

The notice inviting sealed bids shall set a date for the opening of bids; the first publication shall be at least ten (10) days before the date of the opening of the bids; shall be published at least twice not less than five (5) days apart in the official newspaper selected by the council.

In case of a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, the council may, by resolution passed by a vote of four- fifths (4/5) of its members, determine and declare that the public interest or necessity demands the immediate expenditure of public money to safeguard life, health, or property, and thereupon they may proceed without advertising for bids or receiving the same, to expend, or enter into a contract involving the expenditure of any money required in such emergency, on hand in the city treasury and available for such purpose. (4-10-1961) Amendment note - The first paragraph of § 61 was amended April 6, 1971 by increasing the amount from $2,500.00 to $5,000.00.

Sec. 62. Public Improvements.

The improvement widening and opening of streets, the planting, care, and maintenance of trees, and the making of any other public improvement may be done and assessments therefor may be levied in conformity with and under the authority conferred by general laws; provided, however, that the council may by ordinance adopt a procedure for the improvement and repair of streets, alleys or other public places, the laying of pipes, or conduits or for the planting, care or maintenance of trees, or for the removal of dirt, rubbish, weeds and other rank growth and materials which may injure or endanger neighboring property or the health or the welfare of inhabitants of the vicinity, from buildings, lots and grounds and the sidewalks opposite thereto and for making and enforcing assessments against property benefitted or affected thereby, or from which such removal is made, for the cost of such improvements or removal and may make such assessments a lien on such property superior to all other claims or liens thereon, except state, county and municipal taxes, but no such ordinance shall prevent the council from proceeding under general laws for said purposes.

Sec. 63. Franchises; Limitation On Renewals.

Every franchise or privilege to construct, maintain, or operate, any means or method of transportation in or over any street, lane, alley or other public place within the city or to lay pipes or conduits, or erect poles or wires or other structures in or across any such public way or place, for the transmission of gas, electricity, or other commodity, or for the use of public property or places now or hereafter owned by the city, shall be granted under and in pursuance of the general franchises; provided, no new franchise or the renewal of any existing franchises shall be granted except upon the condition that at least two percent of the gross annual receipts derived from the use of such franchise shall be paid to the city. In all cases the applicant for a franchise shall advance the cost of advertising the same.

Every such franchise shall require the grantee thereof to agree to a joint use of its property with others, wherever practicable, and nothing herein shall be construed as prohibiting the council from requiring other conditions in granting the same not inconsistent with the constitution and general laws. No franchise or privilege so granted shall be sold, leased, assigned or otherwise alienated, without the express consent of the council given by ordinance and subject to referendum.

Sec. 64. When Franchise Required.

No person, firm, or corporation shall exercise any franchise or privilege, except to the extent he or it may be entitled to do so by the constitution of the state, or of the United States, in, upon, under, over, or along any street, public way, or public place in the city without having first obtained a grant therefor as provided in this charter and by general law.

Sec. 65. Newspaper Advertising And Printing.

The council shall advertise annually for the submission of sealed proposals or bids from newspapers of general circulation in the city, for the publication of all ordinances and other legal notices required to be published. The newspaper to whom such contract is awarded shall be known and designated as the official newspaper. The rates for publishing public notices shall not exceed the customary rates charged for publishing legal notices of a private character. (3-4-2003) Contracts for legal advertising shall be awarded to the lowest responsible bidder, provided no contract for legal advertising shall be awarded to any newspaper except a daily newspaper of general circulation, as defined by the Government Code. (4-6-1971)
Amendment note - The first paragraph of § 65 was amended April 6, 1971 by inserting the word "legal" before the word, "advertising"; by substituting "Government Code" in lieu of "Section 4460, of the Political Code." The former third paragraph reading, "Required printed office supplies may be purchased either through bids and contract, or by purchase in the open market," was repealed April 6, 1971.

Sec. 66. Public Records; Delivery And Safekeeping Of Documents.

The public shall have access to public records kept and maintained by the city in accordance with the law. (3-4-2003) Sec. 67. Interference With Performance Of Duties Of City Manager; Interference By City Manager In Elections.

No member of the council shall in any manner attempt to influence or coerce the city manager in the making of any appointment or the purchase of supplies in accordance with applicable state and federal law. (3-4-2003; 7-1-2014) The council shall deal with the administrative functions of the city through the city manager. The council shall only have direct contact with the directors of the city's departments for the purpose of asking questions. (3-4-2003; 7-1-2014) Any city council member violating the provisions of this section, or voting for a resolution or ordinance in violation of this section shall be guilty of a misdemeanor and, upon conviction, shall cease to be a council member. Additionally, any city council member violating this section may be subject to civil remedies as specified in section 74. (7-1-2014) Section 67.1. Political Activities By Legislative And Administrative Officers, Employees.

Political activities of and campaign contributions by the city's legislative officers, administrative officers, and employees shall be governed in accordance with applicable state and federal law. All legislative and administrative officers and all city employees are prohibited from engaging in political activities during working hours. City officers and employees are prohibited from engaging in political activities at their work place. (3-4-2003; 7-1-2014) Furthermore, city officers and employees are prohibited from engaging in political activities on city properties, provided this prohibition does not pertain to property that is otherwise open to the public for the purpose of engaging in political activities. (3-4-2003; 7-1-2014)
Sec. 68. Leases Of City Property.

In every lease of city property the basic amount of rental shall be fixed by the council.

All indentures of lease shall provide that the council may terminate the same at its pleasure and repossess the premises therein described upon three months' notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee appraiser appointed by the lessee.

In the event of their failure to agree upon the market value of the improvements within thirty days from and after their appointment, said two appraisers may appoint a third appraiser as a member of said board, and the determination of the majority of said board of appraisers, as to the market value of the improvements, shall be final and conclusive and binding on all concerned. Should the two appraisers appointed by the council and the lessee respectively, fail for forty days from and after their appointment to agree upon the market value of the improvements or to appoint a third appraiser, then upon the petition in writing of either party to any such lease, a judge of the superior court of Tulare County is hereby empowered to appoint the third appraiser upon such board; provided, however, that the council shall not terminate any such lease or repossess any such premises except for a public use and purpose; provided, further, that no lease of city property shall be made for a maximum term of more than fifty years. (4-2-1963; 4-6-1971) Amendment note - The second paragraph of § 68 was amended April 6, 1971, by substituting "maximum term" in lieu of "term" in the last proviso clause.

Sec. 69. Inventory Of City Property.

At the time for preparing and submitting the budget, as prescribed by this charter, a complete inventory of all personal property belonging to the city shall be prepared and filed with the city clerk, and such inventory shall be submitted to the council by the city manager at the time of the submission of the annual budget. Such inventory shall be prepared under the direction of the city manager, and all chief officials and department heads of the city shall be responsible for making and transmitting to the city manager a full and correct inventory of all city personal property in their possession or under their control.

Sec. 70. Equipment.

Repealed April 6, 1971.

Sec. 71. Zoning Authorized.

The council of the city of Porterville shall have the power to establish such zoning systems within the city as may in its judgment be most beneficial, and in such zoning systems may prohibit the erection or maintenance of any class or classes of buildings within certain areas, and may classify, and reclassify the zones established. The council may also prescribe the character of materials and methods of construction of buildings erected within any zone area, and may establish setback lines as it may consider necessary and proper. (4-6-1971) Sec. 72. Suspension Of Employees From Office And Fines.

Repealed March 8, 1983.

Sec. 73. Natural Or Other Disasters.

The city shall have in place a disaster plan, consistent with county, state and federal policies, to be implemented in the event of an emergency or disaster.

Sec. 74. Violations.

This section shall apply only if a penalty/violation is not otherwise explicitly provided for in the charter. A violation of any provision of this charter shall be a misdemeanor with maximum fines and imprisonment as allowed by law, except that such violation may be prosecuted as an infraction, at the discretion of the city attorney. (7-1-2014) Any violation of this charter may be prosecuted in the name of the people of the state of California or may be redressed by the city through any legal or equitable remedies; including but not limited to civil action and/or injunction, or administrative citation in accordance with adopted city ordinances. To the fullest extent allowed by law, civil remedies may be utilized in addition to or as an alternative to criminal enforcement. (7-1-2014) The city shall be authorized to recover its full costs, including reasonable attorneys' fees, for the enforcement of any violation of this charter or municipal code. The city council is authorized to adopt any necessary or appropriate ordinances to implement this section of the charter. (7-1-2014)

CHARTER AMENDMENT DRAFT TIMELINE
FOR
NOVEMBER 3, 2026 ELECTION

DATE ACTION
January 21, 2025 City Council provides direction on the establishment of a Charter Review Committee and approves proposed timeline.

February 4, 2025 City Council affirms Committee composition, charge and scope April 15, 2025 City Council appoints members to the Committee May 1, 2025 Committee meets and undertakes comprehensive review of Charter through and prepares recommendations.

January 12, 2026
January 12, 2026 Committee submits written recommendation to City Manager for presentation to City Council.

February 17, 2026 City Council review and consider Charter Review Committee recommendations.

April 21, 2026 City Council makes determination and provides direction to staff to draft ballot measure language.

May 19, 2026 Council considers resolution for Calling Election for Ballot Measure August 7, 2026 Last Day to Call Election for Ballot Measure (Election minus 88 days; last two Council Meeting dates are July 21st and August 4th) November 3, 2026 Election Day
Item No. 25.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Consideration of the Establishment of an Ad Hoc Heritage Committee SOURCE: City Manager's Office
COMMENT: At its meeting on December 10, 2024, the City Council approved Mayor Meister's request to consider the establishment of a Heritage Committee as a Scheduled Matter at its meeting on January 21, 2025. Mayor Meister expressed that the intent of the committee is to assist the City Council with the planning of celebrations and signage commemorating the 250th anniversary of the signing of the Declaration of Independence and the 100-year anniversary of the filing of the City of Porterville City Charter.

An advisory ad hoc committee created to address a specific issue or task, with a limited time frame, comprised solely of less than a quorum of the City Council is exempt from the Brown Act. Ad hoc committee meetings can, but are not required to be open to the public. Should the Council wish to include one or more public members to the proposed committee, the committee would be governed by the Brown Act and would be required to follow all of the open meeting requirements of the Brown Act. As an advisory committee, any and all recommendations developed by the ad hoc committee would require City Council consideration/action prior to implementation. Should the Council wish to proceed with the establishment of a Heritage Committee, staff will bring a draft resolution forward at a future City Council meeting for the Council’s consideration.

RECOMMENDATION: That the City Council provide direction concerning the establishment of a Heritage Committee, including the scope and composition of the committee.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Item No. 25.

Final Approver: Jason Ridenour, Interim City Manager
Item No. 26.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Consideration of the Establishment of a Downtown Porterville Committee SOURCE: City Manager's Office
COMMENT: At its meeting on December 10, 2024, the City Council approved Mayor Meister's request to consider the establishment of a Downtown Porterville Committee as a Scheduled Matter at its meeting on January 21, 2025.

During discussion of the request, it was expressed that the intent of the committee is to be comprised of City Council Members and public members to serve in an advisory capacity to the City Council in matters pertaining to Downtown Porterville. This committee would be considered a standing committee.

The Council has discretion in the establishment of the scope, composition and appointments of members of standing committees. The composition of the committee establishes the size and makeup of the committee. As a standing committee, the Downtown Porterville Committee would be governed by the Brown Act, requiring a quorum of members in attendance to be able to take action during the meeting.

Previously established City commissions and standing committees are comprised of five to ten members. The current process established for filling City commission and committee vacancies is through an application process, in which the Council establishes desired qualifications to be a member, such as professional experience, and a Council majority selects the members from applications received. Should the City Council wish to proceed with the establishment of a Downtown Committee, staff will bring a draft resolution forward representative of the scope and composition of the proposed committee at a future City Council meeting for Council’s consideration.

RECOMMENDATION: That the City Council provide direction concerning the establishment of a Downtown Committee, including the
scope and composition of the committee.

ATTACHMENTS:

Appropriated/Funded:

Item No. 26.

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
Item No. 27.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Consideration of Sponsorship of Porterville Girls Fastpitch SOURCE: City Manager's Office
COMMENT: At its meeting on December 17, 2024, the City Council approved Mayor Meister's request for an item to be added to the January 21, 2025, agenda to consider allocating funds from the City Council Special Purposes Reserve funds to sponsor Porterville Girls Fastpitch.

It is proposed that the City Council would sponsor the Porterville Girls Fastpitch in the amount of $2,500, with a banner including the City of Porterville seal and motto of “In God We Trust” on the banner to be placed on the fences in center field at Hayes Field.

The source of funds for the proposed sponsorship is the Council’s Special Purposes Reserve Fund for the current year, from which there is currently an available budget of $98,750.16. A draft resolution authorizing the appropriations of funds from the City Special Purposes Reserve Fund is provided for Council's consideration.

RECOMMENDATION: That the City Council consider approving the draft resolution authorizing an allocation of $2,500 from the City's Special Purposes Reserve Fund for FY 2024/2025 to
Sponsor Porterville Girls Fastpitch.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
RESOLUTION _____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE AUTHORIZING THE APPROPRIATION OF FUNDS

FROM THE SPECIAL PURPOSES RESERVE FUND FOR SPONSORSHIP OF

PORTERVILLE GIRLS FASTPITCH
WHEREAS, there is interest in allocating funds to be used in connection with Porterville Girls Fastpitch for the benefit of youth softball in Porterville; and WHEREAS, the City of Porterville Municipal Code Section 2-31.6 established the Special Purposes Reserve Fund for the purpose of providing funds to support one-time city special events, projects, and/or purposes that benefit the community; and WHEREAS, the City believes that use of the City’s Special Purposes Reserve Funds is appropriate to fund youth softball in connection with Porterville Girls Fastpitch; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville as follows:

1. The City Council finds that supporting Porterville Girls Fastpitch for the benefit of youth softball is within the intent and purpose of the Special Purposes Reserve Fund; and

2. The City Council does hereby approve and authorize the appropriation of $2,500 from the City’s Special Purposes Reserve Fund for funding a sponsorship of Porterville Girls Fastpitch.
.

PASSED, APPROVED, AND ADOPTED this 21st day of January, 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga
Acting Chief Deputy City Clerk
Item No. 28.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Consideration to Amend Athletic Field Use Policy SOURCE: City Manager's Office
COMMENT: At its meeting on December 17, 2024, the City Council approved Mayor Meister's request to consider amending the Athletic Field Use Policy and Sports Field Usage Fees as a scheduled matter at its meeting on January 21, 2025.

The Athletic Field Use Policy is intended to facilitate the use of available City athletic fields and facilities. Leagues or teams interested in reserving a City athletic field for a game or practice must complete an Athletic Facility Request Form as defined in the City's Athletic Field Use Policy. If a reservation is not made, fields can be used on a first-come, first-served basis. Reservations are encouraged to avoid disputes among user groups over field usage, as the demand exceeds the ability to permit unlimited and/or unscheduled use by all participants. The City's reservable athletic fields include the Sports Complex, Hayes Field, Burton Ballfields, and Zalud Park. The City's Athletic Field Use Policy outlines when leagues are to reserve fields and when payment is due for their field usage. The Athletic Field Use Policy also requires that leagues submit proof of insurance, a list of the league's Board of Directors, and league schedules. Leagues are required to pay 100% of the season's total usage fee prior to the first day of games. Payment for non-league field usage must be made at the time of reservation.

The current athletic field usage fee for both youth and adults is $15 per field per day. Light fees are $10 per hour for youth and $14 per hour for adults. The field usage fee has been in effect since 2009, and the light fee has been in place since 2016. Below are the City's yearly revenue estimates for athletic fields and light usage by local youth leagues.

LEAGUE NAME LIGHT USAGE FEE/ SEASON FIELD USAGE FEE/
SEASON
Porterville Fastpitch
Hayes Field $4,100 $4,320
Porterville Little League
Burton Ballfields $4,500 $2,600
Porterville Soccer
League
Sports Complex
$0
(Fields do not have lights)
$6,400
(includes Spring & Fall
Seasons)
Should the City Council consider waiving fees for youth leagues playing at a City facility, it should be noted that multi-year facility use agreements have been established with some leagues. Direction will be needed as to the duration fees are desired to be waived, as well as if the waiving of fees are to only be for a leagues Item No. 28.
main spring season, or also summer and fall ball. It should also be noted that the above data does not include individual travel teams, which at times utilize City fields to practice and play games.

RECOMMENDATION: That City Council provide direction to staff regarding amending the sports field use policy regarding fees.

ATTACHMENTS: 1. Athletic Field Use Policy

2. Resolution No. 129-2006 - Youth Field Rental Fees

3. Resolution No. 11-2014 - Athletic Field Lighting Fees Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Jason Ridenour, Interim City Manager

ATHLETIC FIELD USE
City of Porterville, Policies & Procedures - 1 -

1. SCOPE AND PURPOSE

1.1. This document sets forth the policy for the City of Porterville to facilitate allocation of all available fields and facilities under its ownership and/or allocation control in an equitable and fair manner. This Athletic Field Use Policies & Procedures document is designed to advance the following public purposes:

1.1.1. To develop a procedure for user groups to secure fields for games, practices and other events.

1.1.2. To avoid disputes among user groups over field usage, as the demand exceeds the ability to permit unlimited and/or unscheduled use by all participants.

1.1.3. To ensure that City residents have priority usage and access to City facilities, since City residents shoulder the primary financial burden of the cost of constructing and maintaining City facilities.

1.1.4. To ensure that maintenance and renovation can be scheduled and implemented properly to maintain quality facilities for use by the public.

2. APPLICATION PROCESS FOR FIELD USE

2.1. Fulfillment of the requirements listed below will be considered a complete league application package and must be submitted each season by all organizations prior to the Parks and Leisure Services office granting usage approval. The application must be submitted by February 1 for the Spring season and July 1 for the Fall season:
o Completed Athletic Facility Request form
o Proof of insurance
o Current list of Board of Directors
o Proof of state or national sports affiliation (if applicable) o Proposed field diagram with dimensions for each field (Sports Complex users only)
o Game schedules (must be submitted prior to first game) o Team rosters (must be submitted by the third week of games)

2.2. Partial paperwork will not begin the approval process. Submission of an application package does not constitute approval. The applying organization will receive a receipt declaring approval after City staff reviews all submitted documents and all fees due are paid. Every effort will be made to accommodate the user group’s reservation request.

2.3. Organizations anticipating a split to form a new organization, or individuals planning to organize a new sports program must be approved by the Parks and Leisure Services Commission at least six months prior to the estimated starting date of the new or expanded league. The City reserves the right to deny the use of any City facility to any organization or group if the City determines that a new or expanded program shall negatively impact the allocation of any City facility.

ATHLETIC FIELD USE
City of Porterville, Policies & Procedures - 2 -

2.4. Lights must be scheduled three days in advance and paid for at time of scheduling.

3. RESERVATION TERMS AND CONDITIONS

3.1. Damage to Facility(s) and any Other Unforeseen City Expenses- Users are responsible for any and all damage to facilities and/or unforeseen staff costs that occur in association with their event(s).

3.2. No Driving of Vehicles On Agency Property- It is unlawful to park any vehicle anywhere except in areas specifically designated as parking areas. City Code 17-

10.13 states “No person shall operate, drive, stop, park or leave standing any motor vehicle, other than on paved roadways or paved areas, in any city park, except when in possession of a permit issued by the Director of Parks and Leisure Services.

3.3. Rejection/Revocation of Use Approval- Should an organization violate any of these procedures and/or rules as well as any rules and/or procedures as set forth in the City of Porterville Municipal Code, said organization will be subjected to revocation and/or denial of application approval.

3.4. Three Strikes Policy- The purpose of this policy is to implement a systematic method of enforcing the Athletic Facility Use Policy. The City reserves the right to cancel or suspend field/facility reservations for games, practices, and other usages based upon users violating the established Facility Allocation Policy.

Notwithstanding this Policy of Three Strikes, the City reserves the right to revoke any user group’s right to use any City facility for any single serious violation which causes damage to property or injury to person.

3.4.1. Strike One consists of a documented direct violation of the Guidelines for Use of City Athletic Facilities.

Penalty: A letter summarizing the incident shall be written to the user organization’s representative. If the representative is not the president, the president shall be cc’d. A copy of the letter shall be placed in the organization’s file.

3.4.2. Strike Two occurs if there is an additional documented violation within one calendar year from Strike One.

Penalty: Revocation of the organization’s next related reservation, effective immediately, for one day and one use.

3.4.3. Strike Three occurs after a second documented violation within one calendar year from Strike Two.

Penalty: Organization loses City field usage privileges for one calendar year and may re-apply to the Commission when the term expires.

3.5. Reservation Cancellations

3.5.1. Reservations canceled by the City may be re-scheduled as available or fees paid will be credited to the organization’s account or refunded in full.

3.5.2. If the City determines a City field must be closed due to inclement weather, the organization is responsible for re-scheduling the use by the end of the next business day. If the City determines there are no fields

ATHLETIC FIELD USE
City of Porterville, Policies & Procedures - 3 -
available to re-schedule, a refund or credit may be issued at the City’s discretion.

3.5.3. When canceling or re-scheduling reservations, all requests must be made in writing, by fax, email or in person. Verbal cancellations will not be effective.

3.5.4. Grievances arising from facility scheduling may be taken to the Commission for a ruling.

3.5.5. If fields are not used as requested, reservations may be rescinded at any time.

4. PAYMENT PROCEDURE

4.1. Organizations will be required to pay 100% of the season’s total usage fee prior to the first day of games.

4.2. Sports Complex Player Participant Fee – All player participant fees are due by the third week of games. The fee is $1.50 per player per game ($1.50 x 300 players in a league x 10 game season = $4,500).

4.3. An organization requesting additional time to pay must take their request to the Parks and Leisure Services Commission.

4.4. Payment for non-league use must be paid at time of reservation.

4.5. Law enforcement may be called upon to handle organizations using City facilities with outstanding balances that are affecting current and future field use allocation.

5. REFUNDS

5.1. In order to obtain a refund you must first fill out a request form and submit it to Parks and Leisure Services. Refunds will be granted as follows: no show – no refund; more than (2) business days cancellation notice – 100% of fee returned; less than (2) business days cancellation notice – 90% of fee returned with a 10% penalty.

6. ANNUAL REVIEW

6.1. The Commission may annually review organization affiliate status for any user group.

6.2. The City Council may periodically review actions of the Commission relating to requests for affiliated status.

7. ALLOCATION MEETINGS

7.1. Each organization will be required to send one and no more than two representatives to allocation meetings. City staff will notify organizations of the meetings at least one week in advance.

7.2. These meetings are mandatory. Non-attendance places an organization at a disadvantage in receiving accurate information therefore jeopardizing the use of facilities.

7.3. All organizations that have timely filed a completed league application package shall be notified of the allocation meetings.

ATHLETIC FIELD USE
City of Porterville, Policies & Procedures - 4 -

8. MAINTENANCE

8.1. The City reserves the right to shutdown fields for maintenance.

8.2. The City does not permit lining of City fields with chalk or paint without written permission.

8.3. Burning lines on any City park and/or field is not permitted.

8.4. Any user failing to comply with these maintenance guidelines are subject to the following: payment for all damages occurring to the facility; termination of any/all field use approvals for one year.

8.5. Any long-term storage is not permitted unless approved in writing by the City.

8.6. Any request to modify, repair, or alter to improve any City facility must be submitted in writing to the Parks Superintendent at least two weeks in advance.

City staff shall review the request and make a determination at its earliest convenience.

8.7. User groups are not allowed to alter or change locks on any City facilities.

8.8. City issued keys must not be duplicated.

8.9. No permanent structures or equipment shall be erected on City facilities unless approved in writing by the City.

9. PORTABLE SOCCER GOAL POLICY

9.1. All soccer groups intending to use portable soccer goals must have them approved prior to use.

9.2. Approved portable soccer goals must be taken down by groups within 45 days of the conclusion of each season.

9.3. Portable soccer goals not approved by Parks and Leisure Services may be taken out of play by the Parks Division.

10. BANNERS

10.1. Signs or banners can not be displayed at the Sports Complex per City Code.

10.2. Organizations wishing to hold sign-ups at the Sports Complex must receive permission prior to holding registration.

Item No. 29.

CITY COUNCIL AGENDA – JANUARY 21, 2025
SUBJECT: Consideration of Employment Agreement Between the City of Porterville and Jason Ridenour
SOURCE: City Attorney
COMMENT: The City Council appointed Jason Ridenour to the position of Interim City Manager (effective December 31, 2024) at the regular City Council Meeting on December 17, 2024.

This office was directed to bring the attached Agreement for consideration by the City Council addressing compensation and terms and conditions of employment.

As directed by the City Council, the term of the proposed Agreement runs from December 31, 2024, through June 30, 2025, or until a non-interim City Manager is appointed, whichever occurs sooner. As directed, the proposed salary is based on the amount that had been set for the former City Manager - $16,700.00 per month which equals $200,400 per year. It also contains many of the same terms and conditions as were established in that Agreement, except for modifications made to account for the interim position. Those include a right to return to the Deputy City Manager position at the end of the term or in the event of removal from the position unless the termination is due to misconduct or abuse of the position, and the removal of the severance pay benefit.

RECOMMENDATION: That the City Council consider for approval the Employment Agreement Between the City of Porterville and Jason
Ridenour.

ATTACHMENTS: 1. Employment Agreement - Ridenour
Appropriated/Funded:

Review By:

Department Director:

Final Approver: Julia Lew, City Attorney
1 EMPLOYMENT AGREEMENT

EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF PORTERVILLE AND JASON RIDENOUR
WHEREAS, the City of Porterville, hereafter referred to as “City,” desires to hire JASON RIDENOUR, as its Interim City Manager;
WHEREAS, JASON RIDENOUR, desires to be employed as the Interim City Manager of the City of Porterville;
WHEREAS it is the desire and intent of the parties to create an employment agreement;
WHEREAS, the City desires to employ the services of Mr. Ridenour, as Interim City Manager of the City as provided by Section 17 of the Charter of the City of Porterville, as of December 31, 2024, and to serve as such until June 30, 2025, or until a City Manager appointment is made, whichever occurs first; WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions of the Interim City Manager; and
WHEREAS, it is the desire of the City Council to:
(1) Secure and retain the services of the Interim City Manager and provide inducement for him to remain in such
employment;
(2) To make possible full work productivity by assuring the Interim City Manager's morale and peace of mind with
respect to future security; and
(3) To provide a just means for terminating the Interim City Manager’s services at such time as he may be unable to
2 discharge his duties or when the City may desire to
otherwise terminate his employ.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree to enter into this Employment Agreement, as follows:

Section 1. Compensation
Commencing December 31, 2024, and thereafter, City agrees to employ and pay the Interim City Manager at the rate of the sum of $16,700.00 per month as compensation for the retention of the above-mentioned services, and such compensation thereafter as the City Council may, from time to time, determine. Said compensation shall be paid at the same times and in the same manner as other employees of the City are paid.

Section 2. Term of Service
The Interim City Manager’s term of employment shall be from December 31, 2024, through June 30, 2025, or until a (non-interim) City Manager appointment is made, whichever occurs sooner. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of the Interim City Manager at any time, provided that such termination shall be subject to the provisions of Section 3 herein below. The Interim City Manager may be removed by a four fifths (4/5) vote of the total City Council members. Before voluntarily resigning his position, the Interim City Manager agrees to give the City Council at least thirty (30) days’ notice in writing of his intention to resign stating the reasons therefore. It is specifically noted and agreed that Interim City Manager’s employment with the City is in an “at will” capacity and as such, he may be terminated at any time, with or without cause. Any termination of Interim City Manager shall be made by giving him written notice thirty (30) days in advance. Upon receipt of such notice, Interim City Manager shall have the right to request the reasons for such termination be specified in writing and shall further have the right, if he so requests, to address the City Council, in a 3 closed session, regarding his termination. Any such written explanation of the reasons provided for termination shall be a confidential communication between employer and employee and shall not be disclosed to third parties.

Section 3. Right to Return to Deputy City Manager Position At the end of the term of this Agreement as defined, or in the event of involuntary separation of the Interim City Manager, he shall have the option and right to return to the Deputy City Manager position with the City, unless any involuntary separation is due to misconduct or an abuse of his office or position. In the event he opts to separate from employment with the City, he shall be paid any other amounts that would be due to a City employee upon termination of employment with the City.

In the event of termination of employment with the City, any cash settlement provided by the City related to termination of the Interim City Manager shall be fully reimbursed to the City if the Interim City Manager is convicted of a crime involving an abuse of her office or position, as defined by California Government Code Sec. 53243.4. To the extent this Agreement allows for paid leave salary pending any investigation, and/or the payment of a legal criminal defense of Interim City Manager, any funds expended by the City for these purposes shall be fully reimbursed to the City if Interim City Manager is convicted of a crime involving an abuse of his office or position. Said reimbursements are required if such payments are made, even if the payments were made by the City in the absence of any contractual requirement to do so.

Section 4. Dues, Travel and Conferences
The City hereby agrees to annually budget and allocate sufficient funds to pay for the dues and expenses of the Interim City Manager's necessary travel and living while representing the City at the Annual International City/County Management Association Conference, the Annual League of California Cities (“CalCities”) Conference, conferences of the City Manager's Department of the League of California Cities and 4 conferences or meetings of state committees or commissions upon which the Interim City Manager serves as a member, said membership on said committees or commissions being subject to the approval of the Council, and for such other official conferences, meetings and/or travel as are reasonably necessary for the Interim City Manager to carry out his professional responsibilities as the appointed executive of the City.

Section 5. Regular Benefits
All provisions of the City Charter, Municipal Code, and Employee Rules and Regulations of the City relating to vacation, sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended shall apply to the Interim City Manager as they would to other management employees of the City, in addition to any other benefits enumerated herein specifically for the benefit of the Interim City Manager, except as otherwise provided in this Agreement.

Section 6. Supplemental Benefits
In addition to the regular benefit provided for in Section 5 herein above, the Interim City Manager shall be entitled to the following supplemental benefits:
a. He shall be enrolled in the PERS retirement system, and the City shall pay the employer’s required contribution, and he shall pay the employee’s required contributions to said Program;
b. He shall be provided a stipend for cellular telephone service, in the amount approved for all management employees; provided that he shall be available and accessible to City Council members by means of these communication devices seven (7) days a week, twenty-four (24) hours a day, unless he has first otherwise notified the Council of his unavailability for an approved reason or basis; c. The Interim City Manager shall be entitled to receive a laptop 5 computer for City use. The costs for the laptops will be amortized over the remaining term of his contract. If he resigns, leaves or is otherwise removed from employment/office, for any reason, and wishes to retain the laptop, he will be responsible for paying the balance owed for the remainder of his contract/term.

Section 7. General Expenses
The City recognizes that the Interim City Manager will incur certain expenses of a non-personal and job-related nature while engaged in City business. Such expenses include, but are not limited to, meals with potential tenants, developers, representatives of businesses interested in locating in the City, or already located in the City, and other federal, state, and local agency officials. City agrees to reimburse or to pay said general expenses to the extent that such expenses are permitted by law to be reimbursed, and the Finance Director is hereby authorized to disperse such money upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits.

Such receipts and supporting documentation shall be made available to the Mayor and City Council, and the City Council may designate one of its members or another individual to audit the Interim City Manager’s expenses.

Section 8. Other Terms and Conditions of Employment
The parties shall, by amendment to this Agreement, fix such other terms and conditions of employment from time to time as may be determined relating to the performance of the Interim City Manager of the City, provided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement or City Charter.

Section 9. Annual Evaluation
Should the City Council and Interim City Manager agree to be considered and be approved for any extension of this Agreement due to unforeseen circumstances or delays in the recruitment of any successor, the Interim City Manager's performance and 6 compensation may be evaluated on an annual basis on or about the month of December by the City Council. Said evaluation process shall include written goals and objectives for the Interim City Manager being set for the next year by the City Council.

Section 10. General Provisions
If a provision or any portion thereof contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed to be severable, shall not be affected and shall remain in full force and effect.

DATED this 21st day of January 2025.
"CITY" "INTERIM CITY MANAGER"

Greg Meister Jason Ridenour, Interim City Manager
Mayor of the City of Porterville
ATTEST:

Chief Deputy City Clerk and Clerk of the
Council of the City of Porterville
APPROVED AS TO FORM:

Julia M. Lew
City Attorney