Agenda packet — Porterville City Council, April 15, 2025 (part 2 of 2)

January 2024
Briefly describe the methodology for the data collection.

Describe the total population from which the sample was taken.

Describe the demographics of the respondents or characteristics of the unit of measure, and the number of respondents or units surveyed.

Item No. 16.

CITY COUNCIL AGENDA – APRIL 15, 2025
SUBJECT: Consideration of a Conditional Use Permit (CUP) for a Brewery at 152 N. Main Street
SOURCE: Community Development
COMMENT: The applicant is requesting a Conditional Use Permit (PRC 2025- 011-C) to approve a Type 23 - Small Beer Manufacturer alcohol license to allow for the brewing and sale of beer at a bona fide public eating place, located at 152 N. Main Street. The project is located in the DR-N (Downtown Retail-North of Olive Avenue) Zone District and has a General Plan Land Use designation of Downtown Retail.

Section 301.02 of the Porterville Development Ordinance requires approval of a Conditional Use Permit for any use involving the sale of alcoholic beverages.

BACKGROUND: The California Department of Alcoholic Beverage Control (ABC) allows for a specific number of licenses per census tract, based on population. The subject site is located within Census Tract 38.02, which allows for three (3) On-Sale and four (4) Off-Sale alcohol licenses, without being deemed over-concentrated. Census Tract

38.02 currently contains fifteen (15) On-Sale licenses for alcohol sales and seven (7) Off-Sale licenses for alcohol sales. Whenever the ratio of On-Sale or Off-Sale alcohol licenses to population in a census tract exceeds the average ratio for the county, an “undue concentration” of licenses is determined to exist. Although the license would technically allow for On-Sale and Off-Sale, ABC classifies the license as an Off-Sale license, so approval of Conditional Use Permit No. PRC 2025-011-C would increase the number of Off-Sale licenses within the census tract to eight (8). As a result of the undue concentration, a Letter of Public Convenience or Necessity would need to be sent from the mayor to ABC in support of the issuance of this license.

The applicant proposed the hours of 6 am to 2 am, the standard hours of operation allowed by ABC, but has stated they most likely will not be in operation for that entire time. Approval of that time frame would allow them flexibility if they choose to amend hours or participate in community events.

Item No. 16.

Additionally, the applicant has requested the ability to host live music and host or participate in other events. At this time, there are no official proposals to host or participate in events. However, they would like to have the option to utilize Community Civic Events or Temporary Use Permits, which are conditioned separately at the discretion of the City Council and City staff, respectively.

ANALYSIS: The subject site is consistent with the Downtown Retail General Plan Land Use designation and zoning standards for DR-N (Downtown Retail-North of Olive Ave.). The Downtown Retail designation is intended to maintain the pedestrian- and transit-oriented environment of retail, restaurants, services, and government offices with active commercial uses on the ground floor in the heart of Porterville’s Downtown. The proposed brewery and restaurant with alcohol sales would suit the purpose of the zone district. Restaurants are a permitted use in the DR-N Zone District. The brewing and sale of beer in conjunction with an on premises restaurant would be permitted as a secondary use to the restaurant. This model would also comply with ABC’s standards.

Porterville Development Ordinance Section 604.04 requires that the Council makes the following findings prior to approving a CUP:

A. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted.

The project will further the following General Plan policies:
• ED-G-2: Retain, improve, and promote existing businesses in Porterville.
• ED-G-5: Retain existing local businesses and foster local start-ups.
• ED-G-7: Create an image for Porterville that will attract and retain economic activity.

B. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the General Plan, the Development Ordinance, and any other applicable plan adopted by the City Council.

The project site will be conditioned to comply with all applicable design standards of the Porterville Municipal Code, Downtown Design Guidelines, California Fire Code, and California Building Code. The operation of the business will also be conditioned to Item No. 16.
comply with all codes, ordinances, and laws. Additionally, the hours of operation, request to host live entertainment, and host or participate in Community Civic Events or Temporary Use permits are not unreasonable and will help to provide increased amenities and opportunities to help revitalize the Downtown District, particularly the nightlife.

Staff recommends the approval of Conditional Use Permit (PRC 2025-011-C) for a Type 23 – Small Beer Manufacturer for a brewery and restaurant, located at 152 N Main Street.

ENVIRONMENTAL
REVIEW:

On March 31, 2025, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to Section 15301, Existing Facilities, of the California Code of Regulations (CEQA Guidelines), as the project does not propose any physical modification or expansion of the facility and includes only a negligible increase to an approved operational parameter (i.e., the change of ABC License type).

RECOMMENDATION: That the City Council:

1. Hold a Public Hearing to receive public comments;
and

2. Find the proposed project exempt from the California Environmental Quality Act pursuant to Section 15301
(Existing Facilities) of the California Code of
Regulations; and

3. Adopt the draft resolution approving a Conditional
Use Permit (PRC 2025-011-C) for a Type 23 – Small
Beer Manufacturer Alcohol license for 152 N. Main
Street.

4. Authorize the Mayor to sign the Letter of Public
Convenience or Necessity
ATTACHMENTS: 1. Letter of Public Convenience and Necessity

2. Draft Resolution

3. Site Plan

4. Brewery & Restaurant Floor Plan

5. Locator Map

6. ABC License Map
Appropriated/Funded:

Item No. 16.

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager
April 15, 2024
California Department of Alcoholic Beverage Control
Fresno District Office
3640 East Ashlan Ave
Fresno, CA 93726
RE: Brewery and Restaurant at 152 N. Main St.

To whom it may concern,
The City Council of the City of Porterville has elected to approve the submittal of this letter regarding the public convenience or necessity, to be served through issuance of a Type 23 – Small Beet Manufacturer for a brewery and restaurant, located at 152 N. Main Street, Porterville, CA.

Approval of this letter was based on the following:

1. On April 15, 2025, the City Council approved Conditional Use Permit (PRC 2025-011-C), to allow the brewing and sale of beer at a brewery and restaurant located at 152 N. Main Street, Porterville, CA.

2. Per Section 23958.4 of the “Business and Professions Code,” the subject site is located within Census Tract 38.02, which allows four (4) off-sale licenses. At the present time, seven (7) off-sale licenses exist in this tract.

Due to the undue concentration of off-sale licenses a Letter of Public Convenience or Necessity is required.

3. In consideration of the above, the City Council determined that public convenience or necessity will be served by the issuance of a Type 23 – Small Beer Manufacturer alcohol license in conjunction with a brewery and restaurant
Further issuance of an off-sale license allowing the brewing and sale of beer, represents a viable economic asset to the community, which will contribute tax revenue to the local economy. The site is consistent with the General Plan Land Use Designation of Downtown Retail. It also meets general plan policies that promote accessibility of services and goods within a convenient distance as well as meeting the economic development guiding policy needed to retain, improve, and promote existing businesses in Porterville.

The proposed Type 23 -Small Beer Manufacturer alcohol license for a brewery and restaurant would suit the purpose of the zone district as well. Restaurants are permitted in the DR-N (Downtown Retail – North of Olive Avenue) zone district and alcohol sales may be permitted with review and approval of a Conditional Use Permit. The brewery is permitted as an accessory use.

For these reasons, the City Council of the City of Porterville supports the issuance of a Type 23 -Small Beer Manufacturer alcohol license for a brewery and restaurant located at 152 N. Main Street, Porterville, CA.

Sincerely,
Greg Meister, Mayor
Attachment: Resolution

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RESOLUTION NO. ___-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF CONDITIONAL USE PERMIT NO. PRC 2025-011-C FOR THE BREWING AND SELLING OF BEER UNDER A TYPE 23 - SMALL BEER MANUFACTURER - ALCOHOL LICENSE FOR A

BREWERY & BONA FIDE PUBLIC EATING PLACE ON PREMISES LOCATED AT 152 N. MAIN STREET
WHEREAS: On March 31, 2024, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to the “Existing Facilities” Categorical Exemption, 15301, which exempts projects with “negligible or no expansion of use;” and WHEREAS: On April 4, 2025, a notice was published in the Porterville Recorder setting the date, and place of public hearing for April 15, 2025, and similar notices were sent to owners of property located within 500 feet radius of the site and posted at City Hall and the City’s website announcing the same; and
WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of April 15, 2025, conducted a public hearing to consider Conditional Use Permit (PRC 2025-011-C) to allow for the brewing and selling of beer under a Type 23 Small Beer Manufacturer alcohol license for a brewery and bona fide public eating place located at 152 N. Main Street; and
WHEREAS: The City Council received testimony from all interested parties on the aforementioned Conditional Use Permit; and
WHEREAS: The California Department of Alcoholic Beverage Control (ABC) allows for a specific number of licenses per census tract, based on population. The subject site is located within Census Tract 38.02 and allows for three (3) On-Sale and four (4) Off-Sale alcohol licenses, without being deemed over-concentrated. Census Tract

38.02 currently contains fifteen (15) On-Sale licenses for alcohol sales and seven (7) OffSale licenses for alcohol sales.

WHEREAS: The City Council of the City of Porterville authorized Mayor Meister to sign the Letter of Public Convenience or Necessity due to the undue concentration of alcohol licenses within Census Tract 38.02; and
WHEREAS: The City Council made the following findings:

1. The subject site is consistent with and advances the goals of the Downtown Retail General Plan Land Use Designation.

2. The subject site is consistent with the zoning and land use standards of the DR-N (Downtown Retail North of Olive) Zone District.

Resolution No. ____-2025

Page 2 of 4 ends

3. The project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301, Existing Facilities.

4. The proposed location of the project and conditions under which it will be operated or maintained (included herein) will not be detrimental to public health, safety, and welfare, or materially injurious to the properties or improvements in the vicinity.

5. Despite the “undue concentration” the issuance of an alcohol license and approval of a conditional use permit at this address will encourage the revitalization of Downtown and benefit the citizens of Porterville.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve Conditional Use Permit (PRC 2025-011-C) subject to the following conditions:

1. Approval of Conditional Use Permit (PRC 2025-011-C) by the City Councill, shall expire two (2) years after the date of approval if the Type 23 Small Beer Manufacturer alcohol license is not actively and continuously pursued. The City Council may approve a one (1) year extension of any permit or approval granted under this ordinance upon receipt of a written application with the required fee before the permit expires, pursuant to Section 601.08 of the Porterville Development Ordinance.

2. Upon approval of the Conditional Use Permit, any future change in operation which substantially alters the conditions or nature of the subject business will require approval of a modification to the Conditional Use Permit by the City Council.

3. Any future violations of regulations of the codes relating to the sales or consumption of alcohol, and/or excessive service calls by the Police Department resulting from the sales of alcohol may result in revocation of the Conditional Use Permit.

4. The hours of operation during which alcoholic beverages may be sold shall be limited to 6:00 am to 2:00 am. Any amendment to business hours that would modify this condition will be subject to a modification of this permit.

5. The business may participate in and sponsor Community Civic Events or Temporary Use Permits.

6. The business may host live entertainment as long the events follow all applicable ordinances of the City and any other special considerations given to businesses selling alcohol, provided they do not become a public nuisance as outlined in §601.10 of the Porterville Development Ordinance.

7. All activities associated with the proposed use shall be exclusively confined to the Resolution No. ____-2025

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interior of the building to the extent permitted by the California Department of Alcohol Beverage Control. Special consideration to this condition may be allowed in conjunction with Community Civic Events or Temporary Use Permits at the discretion of the City Council. These activities shall comply with all laws regarding businesses serving alcohol, especially those outlined by ABC.

8. No alcohol advertising shall be displayed and/or viewed from the outside of the building. Special consideration to this condition may be allowed in conjunction with Community Civic Events at the discretion of the City Council.

9. Applicant shall apply for all necessary permits required for interior or exterior renovations, including sign permits.

10.Exterior renovations shall comply with all aspects of the Downtown Design Guidelines, especially Commercial Ground Floor Articulation and Ground Floor Windows and Design, awning requirements, Limits on Blank Walls, and Building Entrances standards (All standards can be found within Porterville Development Ordinance and Downtown Design Guidelines).

11.Comply with all comments outlined in the PRC Comments provided for PRC 2025- 011.

12.Pursuant to Section 601.10(d) the City Council may revoke the permit if it makes any of the following findings:
• That approval was obtained by means of fraud or misrepresentation of a material fact;
• That the use in question has ceased to exist or has been suspended for one year (1) year or more;
• That there is or has been a violation of or failure to observe the terms or conditions of the permit or variance or the use has been conducted in violation of the provisions of this ordinance, law, or regulations; or • The use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health, and welfare or so as to be a nuisance.
/ / /
/ / /
/ / /
Resolution No. ____-2025

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PASSED, APPROVED, AND ADOPTED this 15th day of April, 2025. ____________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By _______________________ __________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

Item No. 17.

CITY COUNCIL AGENDA – APRIL 15, 2025
SUBJECT: Consideration of Conditional Use Permit and Vesting Tentative Subdivision Map for Pioneer Residential Development
SOURCE: Community Development
COMMENT:

BACKGROUND: The City of Porterville received an application for a proposed land division for the Pioneer Residential Vesting Tentative Map and staff met with the applicant during Project Review Committee (PRC) August 23, 2023, where the assessment of the project, (PRC 2023- 027) commenced. During the PRC meeting, staff provided comments pertaining to the proposed project which outlined the entitlement process and departments’ development standards.

The project consists of a Vesting Tentative Subdivision Map (VTSM) for future residential development of APN 245-540-053, on an approximately 1.89-acre parcel on the north side of Pioneer Avenue, East of Salisbury Street. The Porterville 2030 General Plan Land Use Element designates the Project site as Low Density Residential and is currently zoned RS-2 (Low Density Residential).

Development would generally include a subdivision of 10 residential lots, with construction of a cul-de-sac and necessary onsite infrastructure, and improvements within abutting major street right-ofways.

ANALYSIS: The proposed vesting tentative subdivision map would provide new residential housing on lots ranging from 5,800± SF to 6,800± SF.

The minimum lot size permitted in the RS-2 zone is 6,000 square feet. However, pursuant to Porterville Development Ordinance Section 201.04(C), the City Council may approve a conditional use permit authorizing lots of reduced size. The proposed VTSM is consistent with the Porterville Development Ordinance (PDO), Series 400: Land Division regulations. Circulation for the proposed development is provided through the planned internal streets, which includes parkway strips, streetlights, and sidewalks. The subdivision provides an external connection to Pioneer Avenue through Cadence Court with improvements that include a parkway strip and Item No. 17.
pedestrian sidewalk. The applicant has submitted a request to delineate from the development standards through the application of a Conditional Use Permit as outlined in Section 400.05 Authority to Vary Regulations as it pertains to lot size and design for lots without street frontage for Lots 1, 2, 5, 6, 7, and 10.

The project’s gross density is 5.3 units per acre, which falls below the maximum of 6.0 units per acre allowed in the Low Density Residential Land Use designation. The areas surrounding the project to the east, west, north and south are all developed with single-family residential uses. The project’s development pattern is compatible with the area and falls well within the prescribed density mandated by the City’s General Plan.

The California Subdivision Map Act (Government Code Section 66410, et seq.) establishes most of the procedures for subdivision of land. Other components are contained within the Porterville Development Ordinance, Series 400: Land Division. Generally, a tentative and final map is required in order to subdivide land into five or more parcels. Pursuant to both the Map Act and PDO Series 400, tentative maps are valid for twenty-four (24) months following approval, with various mechanisms available to extend the life of the tentative map. The project would be responsible for improvement of the new proposed residential street, Cadence Court, along with payment of specified fair-share costs to other capital improvements, payment of development impact fees as applicable and installation of a sidewalk on Cadence Court to enhance pedestrian access.

Pursuant to Development Ordinance Section 400.04, the City Council must deny a tentative map if it makes any of the following findings:

1. That the proposed map is not consistent with applicable general and specific plans. The tentative map proposes 10 single-family residential lots on 1.89 acres for a density of

5.3 units per acre and therefore is consistent with the General Plan as proposed.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. The design and improvement of the project are in accordance with the Circulation Element of the General Plan as well as with the development standards contained within the
Development Ordinance, which is itself the primary tool for implementation of the General Plan. There is no
applicable specific plan.

3. That the site is not physically suitable for the type of development. The site is generally flat and level, making it optimal for the development as proposed.

4. That the site is not physically suitable for the proposed density Item No. 17.
of development. The project proposes 5.3 units per gross acre, which is under the maximum requirement of 6 units per gross acre in the RS-2 (Low Density Residential) Zone District.

5. That the design of the subdivisions or the proposed
improvements is likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. A formal environmental evaluation of the project determined that the project meets all the criteria of the Categorical Exemption Class 32 Infill Projects, and that no exceptions to a categorical exemption are
applicable, as per CEQA Guidelines Section 15332. The
project will not result in any significant effects on the environment or on fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems. A formal environmental evaluation of the project determined that the project meets all the criteria of the Categorical
Exemption Class 32 Infill Projects, and that no exceptions to a categorical exemption are applicable, as per CEQA
Guidelines Section 15332. The project will not result in any serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. With the possible exception of easements
dedicated for major street right-of-way, which will be
further dedicated and improved for the benefit of the
public at large, there are no easements for access
through or use of the property.

Based on a fair reading of the record, including the formal environmental evaluation of the project, there is no indication that any of the findings requiring denial of the vesting tentative map can be made.

The proposed land division and subsequent development of the site into a residential subdivision will provide much-needed housing in conformance with the City’s General Plan Land Use and Housing Elements, as well as to help meet the City of Porterville’s Regional Housing Needs Allocation quota. Staff and the applicants' agents worked through the design details to ensure adherence to the City’s General Plan and the Development Ordinance, as well as verify compliance with the California Subdivision Map Act and other applicable codes.

Public notice of this hearing was provided in accordance with Government Code Sections 65090 and 65091 and Development Item No. 17.

Ordinance, Section 609.06. The procedures prescribed therein are the standard for hearings involving conditional use permits and vesting tentative maps. Additionally, as described in the Background section above, this project was discussed during the Project Review Committee meeting on August 23, 2023. Information regarding PRC is readily available on the City’s website: PRC meetings are held on a regular basis, are agendized, and are accessible to the public.

ENVIRONMENTAL
REVIEW:

During the review of the project, the City contracted 4Creeks Design to prepare a formal environmental evaluation of the project to analyze the potential for environmental effects that could result from the project. Based on the Project's formal evaluation results, the Environmental Coordinator made the preliminary determination that the project would not have a significant effect on the environment and that adoption of a CEQA Categorical Exemption under a 15332 In-Fill Development Projects declaration would be appropriate.

RECOMMENDATION: That the City Council:

1. Hold a Public Hearing to receive comments on the
Pioneer Residential Development Project; and

2. Adopt the draft resolution, approving the Conditional Use Permit; and

3. Adopt the draft resolution, approving the Vesting
Tentative Subdivision Map with conditions.

ATTACHMENTS: 1. Draft Resolution - Pioneer Residential VTSM

2. Draft Resolution CUP - Pioneer Residential

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Jason Ridenour, Interim City Manager
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RESOLUTION NO. _____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF THE VESTING

TENTATIVE SUBDIVISION MAP,
PIONEER RESIDENTIAL DEVELOPMENT (PRC 2023-027-S)
WHEREAS: Bareng LLC (Applicant), has submitted to the City of Porterville the Pioneer Residential Development Project (Project), consisting of a Vesting Tentative Subdivision Map and related entitlements to accommodate the subdivision of an approximately 1.89-acre parcel into 10 residential lots located on the north side of Pioneer Avenue, east of Salisbury Street (APN 245-540-053; Site); and WHEREAS: the Site is zoned RS-2 (Low Density Residential); and WHEREAS: the Project also includes construction of interior streets, landscaping, public utilities, and improvements of all streets in or adjacent to the subdivision and portions of abutting rights-of-way; and
WHEREAS: on April 4, 2025, a notice was published in The Porterville Recorder setting the date and time, and place of a public hearing for April 15, 2025 and similar notices were sent to owners of property within a 300-foot radius surrounding the Site, and posted at City Hall and the City’s website announcing the same; and WHEREAS: at a regular meeting on April 15, 2025, the Porterville City Council did conduct a public hearing to consider the Project; and
WHEREAS: the City Council has considered testimony from all interested parties relative to the proposed Project; and
WHEREAS: via Resolution No. XX-2025, the City Council has approved a Conditional Use Permit to Vary Regulations for minimum lot area and lot design as it pertains to lots without street frontage; and
WHEREAS: approval of the aforementioned entitlements would further the goals and objectives of the General Plan; and
WHEREAS: The City Council has made the following findings pursuant to Development Code Section, 400.04, the evidence for said findings substantiated in the record:

1. The proposed map is consistent with the goals, policies, and land use designation of the Porterville 2030 General Plan.

2. The design and improvement of the subdivision is consistent with the goals and policies of the Porterville 2030 General Plan.

3. The site is physically suitable for the type of development.

Resolution No. _____-2025
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4. The site is physically suitable for the proposed density of development.

5. The design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat.

6. The design of the subdivision or type of improvements are not likely to cause serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

WHEREAS: the proposed action consists of issuance of a permit or entitlement for use and therefore constitutes a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and
WHEREAS: based on an assessment prepared pursuant to CEQA Guidelines Sections 15300.2 and 15332, the Environmental Coordinator has made a preliminary determination that the project meets the criteria for exemption from CEQA.

NOW, THEREFORE, BE IT RESOLVED: that the City Council of the City of Porterville does hereby find the Vesting Tentative Subdivision Map, Pioneer Development Project (PRC 2023-027-S) is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15332, In-Fill Development Projects.

BE IT FURTHER RESOLVED: that the City Council of the City of Porterville does hereby approve the Vesting Tentative Subdivision Map, Pioneer Residential Development Project (PRC 2023-027-S) subject to the following conditions:

1. The development shall comply with the Porterville Municipal Code, Chapter 21 Development Code and conditions from the Project Review Committee (PRC) meeting held on August 23, 2023 and as outlined in the Project Review Committee (PRC) letter for PRC 2023-027.

Engineering Comments:

2. Unless otherwise noted, the developer/applicant shall comply with the City Master Plans and Standard Drawings, Standard Specifications for Public Works Construction (2018 Edition), and Caltrans Standard Plans and Specifications (2018 Standards), except where they are in conflict with current access compliance regulations, the current California Building Code, the Tulare County Hazardous Waste Management Plan, the California Manual on Uniform Traffic Control Devices, the Porterville Circulation Element, and the Tulare County Congestion Management Program.

Resolution No. _____-2025
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3. The developer/applicant shall pay all applicable fees according to the Municipal Code and State law. The developer/applicant is hereby notified that you have the right to pay fees, dedications, reservations or other exactions, under protest, pursuant to Government Code Section 66020(a). You have 90 days from the date fees are paid to file a written protest.

4. The developer/applicant shall make payment of the required plan check fees at the time of building permit plan submittal.

5. The developer/applicant shall pay School Development fees and all other City fees at the time table determined by current City Ordinance.

6. The developer/applicant shall dedicate a one-foot (1’) limitation of access strip at locations where, in the opinion of the City Engineer, it is undesirable to allow access.

Subdivision Map Conditions:

7. Prior to approval of the improvement plans, the developer/ applicant shall have completed and approved, landscaping and/or lighting improvement plans. The developer/applicant shall petition, on a form provided by the City, to have said subdivision placed in a Lighting and Landscape Maintenance District. Submit with the petition the $375 fee. The following shall be included and maintained in said district: (1) Lighting, (2) Recreational Open Space, (3) Public Landscaping, if any (4) Public walls/fences, if any, (5) Drainage reservoir, if any, and (6) any other public improvement in accordance with Series 400, Section 407.03 (i) of the Development Ordinance.

8. The developer/applicant shall prepare an Engineer's Report for the establishment of the assessments in order to provide for ongoing maintenance of the subdivision improvements to be included in the Lighting and Landscape Maintenance District.

The Lighting and Landscape Maintenance District shall be established, or annexation into an existing District shall be concluded and landscape and lighting improvements shall be completed and accepted concurrently with the other improvements in the project. Landscape easements will need to be created in areas deemed necessary by the City Engineer.

9. Exclusive of assessments for a Lighting and Landscape Maintenance District, the developer/applicant shall pay all service fees and maintain all new lighting and landscape improvements in a safe and healthy manner for the greater of a minimum ninety-day plant establishment period following acceptance of the subdivision improvements, or until assessment begins for the Lighting and Landscape Maintenance District.

10.In accordance with Series 400, Section 407.02 (g) or (h) of the Development Ordinance, the developer/applicant shall enter into an agreement that provides Resolution No. _____-2025
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for completion of improvements within twelve (12) months of the Final Map acceptance.

11.The developer/applicant shall replace or provide surety for replacement of irrigation pipes in the right of way, if in the opinion of the City Engineer, replacement is warranted. The developer/applicant shall provide easements for irrigation pipes across lots created, if pipes will continue to be in use.

12.Prior to recording the final subdivision map, the developer/applicant shall provide surety for off-site improvements and provide easements, permits, calculations, etc. if, in the opinion of the City Engineer, they are needed for the proper functioning or phasing of the subdivision (e.g. water, sewer, drainage, etc.).

13.Building permits shall not proceed further than the installation of the foundation until all of the following items are accepted as complete:
a. The storm drain system is functional so that it will accept water from fire hydrant and/or water main flushing;
b. The water system, is functional from the source of water past the lots on which permits are being requested (i.e. all services and the sampling station, if required, are installed, valves are functional and accessible, bacteria testing is completed, etc.);
c. Street base rock for accessibility by public safety officials and building inspectors;
d. Lots are graded in accordance with the approved grading plan. Prior to receipt of the Final Grading, Drainage and Soils Report a letter from the "Supervising Civil Engineer" is required validating that the grading has been done in accordance with the approved grading plan and in accordance with the recommends contained in the Preliminary Soils Report;
e. The sewer system is completed, tested, and accepted by the City prior to residential occupancy of any house in the subdivision;
f. Lot corners are marked;
g. Fire hydrants are accepted by the Fire Department and the Engineering Division.

14.The developer/applicant shall coordinate with the U.S. Postal Service regarding the kind of mail facilities that will be utilized. If neighborhood box units (NBUs) Resolution No. _____-2025
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are to be used, construct sidewalks in a timely manner to facilitate NBU installation.

15.The developer/applicant shall cause all regulatory and street name signs to be installed prior to occupancy of any house located where its occupants will utilize a street that does not have them.

16.The developer/applicant shall have a Civil Engineer design a water system that will provide a fire flow at each fire hydrant of 1,000 g.p.m. with 20 p.s.i. residual pressure for a dwelling less than 3,600 square feet and 1,500 g.p.m. with 20 p.s.i. residual pressure for a dwelling unit greater than 3,600 square feet.

17.The developer/applicant shall construct or provide surety for construction of curb, gutter, sidewalk, water, sewer, street paving to the center of the street (if necessary), etc. along the full frontage of all proposed subdivision lots except where they exist to City standards and are in good condition in the opinion of the City Engineer. The developer/applicant shall stub improvements to the property line if, in the opinion of the City Engineer, they will be needed for connection to development on the adjacent property.

18.The developer/applicant shall provide street striping and flexible delineators as necessary to provide safe vehicular movements, where directed by the City Engineer.

19.The developer/applicant shall dedicate right-of-way for a street width that matches the ultimate width in the adopted Land Use and Circulation Element and/or the width established by the City Council, and dedication of required property for accessible ramp(s), sidewalk, etc.
• The existing right of way width for Patsy Street is 50’. Due the existing improvements in the area, it will be allowed to continue with 4.5’ wide sidewalk adjacent to the curb up to where the new dual-bulb road begins.

The street width between the faces of curb shall be 36’ to allow for parking on each side. There shall be landscaping between the back of sidewalk and existing backyard fences.
• The right of way width for the new road shall be 56’ and will include 4.5’ of landscaped parkway behind curb, followed by 5’ of sidewalk. • Total area of dedication to be determined by a licensed surveyor.

20.Prior to recording the final subdivision map, the developer/applicant shall provide improvements by the method indicated below:
• Pursuant to Section 66411.1(b) of the Government Code, the developer applicant shall construct curbs, gutters, sidewalks, curb returns per City Standards, sewer laterals, water services, fire hydrant relocation, street lights, connecting pavement along the full frontage of the proposed land Resolution No. _____-2025
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division parcels. Additional improvements include a functional drainage system, connection of existing house to City’s sewer system, abandonment of existing septic system(s), well abandonment (if any, and not in compliance with the City’s Backflow Ordinance), curing of leaks in irrigation lines (if any), and other improvements necessary for public health and safety, except where they exist to Federal, State and City standards and are in good condition in the opinion of the City Engineer.

21.Prior to approval of the final map the developer/applicant shall provide public improvement plans prepared by a Civil Engineer that include specific on-site grading details and specifications for City approval.

Construction Documentation Conditions:

22.The developer/applicant shall comply with Appendix J, “Grading” of the current California Building Code, including provision of a grading and drainage plan signed by a licensed civil engineer or architect. The developer/applicant shall comply with City Retaining Wall Standards (adopted by City Council January 3, 1989) at lot lines where such standards are applicable.

23.The developer/applicant shall provide a Soils Report in conformance with Chapter 18 of the current California Building Code. The Soils Report shall include R-Value testing, expansion indexes, etc. where required for the construction of public improvements. The developer/applicant is advised that this area has previously been identified as an area of high soil expansion potential.

24.The developer/applicant shall construct and/or repair street, curb, gutter, sidewalk, etc. along the full parcel frontage(s), except where they exist and are determined to be in good condition and in compliance with current accessibility standards in the opinion of the City Engineer (Ord. No. 1306). The existing curb ramps at the Pioneer Avenue/Patsy Street intersection shall be evaluated for compliance. At a minimum, detectable warning surfaces shall be installed.

25.The developer/applicant shall comply with driveway vehicular sight distance requirements per Section 300.16 of the Development Ordinance and driveway separation from property line per City standards.

26.The developer/applicant is hereby notified that extension of existing water and sewer lines and/or the installation of new lines will be required per Section 407.02(f), development code.

27.The developer/applicant shall design on-site water systems meeting the requirements of the current California Plumbing and Fire Codes. It shall be noted that the City water system complies with Title 22 of the California Administrative Resolution No. _____-2025
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Code and any assurance to effectively provide water pressure for multi-story buildings is the sole responsibility of the owner/builder.

28.The developer/applicant shall construct drainage facilities as required to serve the property (Ord. No. 1306). A minimum amount of runoff must be contained onsite per the State’s MS4 requirements. Drainage calculations must be submitted to verify that onsite drainage area/s will capture necessary runoff. The site shall be designed to convey water to the City drainage system without crossing driveways. The developer/applicant is required to install a sidewalk channel drain at the low side of the driveway, where applicable.

29.The developer/applicant shall underground existing utility structures (i.e., poles, splice boxes, vaults, etc.).

30.The developer/applicant shall provide 3000K LED streetlights on Marbelite poles (spaced at a staggered 160’ intervals) following Southern California Edison Company specifications, as approved by the City Engineer. Wood poles are expressly prohibited without prior written approval of the City Engineer.

Construction Conditions:

31.The developer/applicant shall, under City inspection, remove all existing abandoned and unnecessary items, to the satisfaction of the City Engineer, before the issuance of a certificate of occupancy (for example, foundations, septic tanks, irrigation pipes, etc.).

32.The developer/applicant shall abandon existing wells, if any, after first getting an abandonment permit from the Tulare County Environmental Health Services Division. The developer/applicant is required to provide the City Engineer with proof of compliance with County regulations before performing any grading or issuance of the building permit, whichever comes first.

33.The developer/applicant shall assure compliance with Section 7-8, Work Site Maintenance of the Standard Specifications. Applicable requirements from both San Joaquin Valley Air Pollution Control District Regulation VIII, Fugitive PM10 Prohibitions and the California Green Code Standards must also be met. During grading operations the "Supervising Civil Engineer" shall be responsible for enforcing the dust control provisions of Section 7-8 or the developer/applicant shall pay inspection fees on the grading cost to compensate the City for dust control inspection.

Resolution No. _____-2025
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34.The developer/applicant shall not allow onsite runoff or debris outside of the limits of the property during construction. Applicable best management practices (BMPs) shall be implemented to protect the City’s drainage system and inhibit vehicle track-out onto City streets. The improvement plans shall show the location of BMPs and areas designated for erosion and waste control. The developer/applicant shall remove and properly dispose of waste and spills deposited in the project area.

35.The developer/applicant is advised that they are obligated to comply with the National Pollutant Discharge Elimination System (NPDES) General Permit No.

CAS000002 for discharge of Storm Water Associated with construction activity (except operations that result in disturbance of less than one acre of total land area and which are not a part of a larger common plan of development or sale).

Before construction begins the proponent must:
• Submit a Notice of Intent (NOI) to comply with the permit, a site map, and appropriate fee to the State Water Resources Control Board (SWRCB). • Prepare a Storm Water Pollution Prevention Plan (SWPPP) for the entire project before construction begins. The SWPPP must contain, at a minimum:

1. All items listed in Section A of the permit.

2. Descriptions of measures to be taken to prevent or eliminate unauthorized non-storm water discharges and all temporary (e.g., fiber rolls, silt fences, etc.) and permanent (e.g., vegetated swales, detention basins, etc.) best management practices that will be implemented to prevent pollutants from discharging with storm water into water of the United States.

If portions of the project area are to be sold off before the entire project is completed, the proponent must:
a. Submit to the California Regional Water Quality Control Board a change of information form identifying the new owners along with a revised site map clearly depicting those portions that were sold and those that are remaining.
b. Informing each new owner of their responsibility to submit their own NOI, site map, and appropriate fee to the SWRCB and prepare their own SWPPP.

Building Comments:

None.

Fire Comments:

36.Fire hydrants shall be placed based on distance, no greater spacing than 500’ for residential applications, installed per City standard. Depending on the Resolution No. _____-2025
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location of existing fire hydrants, and required fire flow, additional hydrants may be required. All hydrant locations shall be approved by the Fire Department.

Fire hydrants located across a public street shall not be utilized for calculations, or considered as available to meet the fire flow, and/or FDC connection requirement for this project.

37.No structure shall be greater than 400’ from a fire hydrant.

38.Maintain minimum of 20’ roadways for Fire Department access.

39.With a CUP, Fire Lanes will be required to be marked with signage and striping to comply with latest adopted edition of the California Fire Code (2022).

Additionally, the property owners will need to be made aware of the No Parking, and maintenance responsibilities for the proposed fire lanes.

Field Services:

40.A back-flow device is required on the water meter for landscape.

41.The developer/applicant shall comply with the City standard for "backflow" prevention pursuant to Resolution No. 9615.

42.Residential trash service is acceptable providing there is no parking on the street during service days, or, the cul-de-sac is red curbed.

PASSED, APPROVED, AND ADOPTED this 15th day of April, 2025. __________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: _____________________________
Fernando Gabriel- Moraga,
Acting Chief Deputy City Clerk
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RESOLUTION NO. ____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING A CONDITIONAL USE PERMIT TO AUTHORIZE REDUCED LOT

AREA AND LOTS WITHOUT STREET FRONTAGE FOR THE VESTING TENTATIVE SUBDIVISION MAP, PIONEER RESIDENTIAL DEVELOPMENT (PRC 2023-027-C) WHEREAS: Bareng LLC, (Applicant) has submitted to the City of Porterville, the Pioneer Residential Development Project (Project), consisting of a Vesting Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately 1.89 acres into 10 residential lots. The site is located on the northside of Pioneer Avenue, east of Salisbury Street (APN 245-540-053; Site); and WHEREAS: Development Ordinance Section 201.4(C) allows, subject to approval of a Conditional Use Permit, a minimum lot size of 3,000 square feet in the RS-2 Zone District; and
WHEREAS: the applicant has requested a reduction of the minimum lot size to 5,800 square feet, just below the minimum lot area requirement for the RS-2 Zone District; and
WHEREAS: Development Code Section 400.05 Authority to Vary Regulations, allows modification of requirements as it pertains to lot design, subject to approval of a conditional use permit; and
WHEREAS: the applicant is proposing lots without street frontage, a variation from the requirements of land divisions in the Development Code §407.03(h) Lot Frontage; and
WHEREAS: on February 27, 2025, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant §15332 In-Fill Development; and
WHEREAS: on April 4, 2025, a notice was published in The Porterville Recorder setting the date, time, and place of a public hearing for April 15, 2025 and similar notices were sent to owners of property within a 300-foot radius surrounding the Site and posted at City Hall and the City’s website announcing the same; and WHEREAS: at a regular meeting on April 15, 2025, the Porterville City Council did conduct a public hearing to consider the Project; and
WHEREAS: the City Council has considered testimony from all interested parties relative to the proposed Project; and
WHEREAS: the proposed action consists of issuance of a permit or entitlement for use and therefore constitutes a “project” pursuant to the California Environmental Quality Resolution No. ___-2025
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Act, Public Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and WHEREAS: The City Council has made the following findings pursuant to Development Code Section 604.04, the evidence for said findings substantiated in the record:

1. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the city has adopted.

2. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the General Plan, the Development Ordinance and with any other applicable plan adopted by the City Council.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville approves a Conditional Use Permit for the Pioneer Residential Development Project authorizing a minimum lot size of 5,800 square feet and lots without street frontage.

PASSED, APPROVED, AND ADOPTED this 15th day of April 15, 2025. _____________________________
Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By: _______________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

Item No. 18.

CITY COUNCIL AGENDA – APRIL 15, 2025
SUBJECT: Consideration of Appointments to the Charter Review Committee SOURCE: Administrative Services
COMMENT: At its meeting on February 4, 2025, the City Council established a Charter Review Committee with the adoption of Resolution No. 16-2025.

Resolution No. 16-2025 established the appointment method, composition, and eligibility requirements of the committee. This independent citizen group was created by the City Council to conduct a comprehensive review of the City Charter and make recommendations to the Council. The committee consists of nine members and two alternate members: five members appointed by individual City Council members and four members and two alternate members appointed by a majority vote of the City Council. To be eligible for appointment, members must be registered voters or property owners within the Porterville city limits.

The committee currently has five vacancies for individual City Council Member appointments and six vacancies for members to be appointed by the majority of the City Council, consisting of four positions for committee members and two alternate committee member positions.

Alternate members will serve as voting members only if a primary member is unable to attend. Staff has received eight Requests for Appointments, which are provided herein for the City Council’s consideration:
• Dawn Bennett
• Scott Bowler
• Clayton Dignam
• Brock Neeley
• Alexander Reed-Krase
• Taha Saleh
• Greg Shelton
• Blain Smothermon
• Tom O'sullivan
• Jacob Vallejo
Staff has reviewed each Request for Appointment and determined that Item No. 18.
the applicants meet the eligibility requirements to serve on the committee.

RECOMMENDATION: That the City Council consider the appointments to the Charter Review Committee.

ATTACHMENTS: 1. Resolution No. 16-2025

2. Request for Appointment - Dawn Bennett

3. Request for Appointment - Scott Bowler

4. Request for Appointment - Clayton Dignam

5. Request for Appointment - Brock Neeley

6. Request for Appointment - Alexander Reese-Krase

7. Request for Appointment - Taha Saleh

8. Request for Appointment - Greg Shelton

9. Request for Appointment - Blain Smothermon

10. Request for Appointment - Tom O'Sullivan

11. Request for Appointment - Jacob Vellejo
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Jason Ridenour, Interim City Manager

Item No. 19.

CITY COUNCIL AGENDA – APRIL 15, 2025
SUBJECT: Consideration of Cargo Container Regulations
SOURCE: City Manager's Office
COMMENT: At its meeting on April 1, 2025, the City Council approved Mayor Meister’s request for an item to be added to the April 15, 2025, agenda to review and consider the regulation of cargo containers. Resolution No. 14-2014 was adopted on March 4, 2014, adopting interpretations of ambiguity and statements of City Council intent with regard to temporary (cargo/shipping containers), mobile, and permanent development.

Resolution No. 15-2014 was adopted on March 4, 2014, establishing fees for the use of cargo/shipping containers as temporary structures.

Resolution No. 14-2014 and Resolution No. 15-2014 have been attached for the City Council’s review.

RECOMMENDATION: That the City Council provide direction on Resolution No. 14-2014 and 15-2014 in regard to the regulations on the use of cargo/shipping containers and established permit review fees.

ATTACHMENTS: 1. Resolution 14-2014

2. Resolution 15-2014
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 20.

CITY COUNCIL AGENDA – APRIL 15, 2025
SUBJECT: Council Consideration and Establishment of Financial Assistance Program for Mixed-Metering
SOURCE: Public Works
COMMENT: At its March 18, 2025, meeting, the City Council considered a financial assistance proposal to address sewer billing for customers with mixeduse water meters that measure indoor and outdoor water use on a single account. The council recognized that this arrangement leads to disproportionately high sewer charges for properties with significant landscape irrigation, particularly among non-profit and commercial customers.

On April 1, 2025, the City Council directed staff to structure the financial assistance program as two separate components to reflect the needs and policy considerations of each customer class. This approach provides grant-based support to non-profit organizations at a cost not to exceed $100,000 and a structured repayment option for commercial properties.

The Non-Profit Grant Program is designed to eliminate the financial barrier of installing separate irrigation meters for eligible non-profit organizations. These properties often face elevated sewer bills due to landscape water use being included in total metered consumption. To address this, the program will fully fund the installation of a dedicated irrigation meter at no cost to the customer. The program is proposed to be funded with General Fund revenues, specifically utilizing the Budget Stabilization Fund, as directed by the City Council. Non-profit organizations will not be required to repay any portion of the installation cost. Program eligibility, terms, and responsibilities will be outlined in application and agreement materials prepared by staff.

The Non-Profit Grant Program can be funded utilizing different mechanisms. The Council can direct staff to utilize the City’s current operating budget. Staff is very fiscally conservative and take every opportunity to reduce the costs of operations. Based on current financial projections, staff is anticipating a moderate budget surplus, but it is not guaranteed that there will be a budget surplus at the end of the fiscal year. Staff has some control over expenditures, but the budget is based on revenue projections and the amount of revenues received are not Item No. 20.
guaranteed. If the General Fund operating budget is utilized and there is a deficit at the end of fiscal year, staff would need to bring an item before the City Council for consideration to utilize the Budget Stabilization Reserve Fund to cover the shortfall. The Council provided prior direction to explore utilizing the Budget Stabilization Fund. The Budget Stabilization Reserve Fund was established under Ordinance No. 1787 of the Porterville Municipal Code. Staff also provided the option at the April 1, 2025, meeting of the ability to utilize the Special Purposes Reserve Fund. Ordinance No. 1787 General Fund Reserve Policy is attached to this report for reference. The installation of dedicated irrigation meters for non-profit organizations will lead to longterm billing accuracy and conservation outcomes, thereby reducing rate inequities.

The Commercial Account Repayment Program provides commercial water customers access to a deferred payment structure for the same irrigation meter installation service. While the installation cost remains the same, commercial participants will repay the cost over three years at zero percent interest. Funding for this program will be provided through the Water Replacement Fund, and repayments will be returned to the same fund to preserve sustainability. Commercial account holders seeking assistance will enter into formal repayment agreements administered by City staff.

Both programs are designed to improve sewer billing accuracy, support efficient water use, and respond to the financial realities faced by their respective customer classes. The dual-track model ensures that equity and accountability are addressed.

The proposed programs align with the City’s policy and regulatory framework, including:
• Municipal Code Sections 25-32A.9 and 25-32A.21 (Ordinance No. 1830), which require dedicated irrigation meters and prohibit inefficient irrigation practices;
• Ordinance No. 901, which allows the City Council to authorize installment payments for water and sewer-related improvements; and
• State Water Resources Control Board Resolution No. 2024-0019, promoting equitable access to water conservation tools and infrastructure.

Staff will finalize application materials and agreement forms and initiate outreach efforts through utility billing inserts, the City’s website, and direct contact with potentially eligible customers. Staff will also implement program tracking systems to monitor participation, cost recovery (for commercial accounts), and water use impact.

Item No. 20.

RECOMMENDATION:

That the City Council:

1. Consider adoption of the Draft Resolution for the
Establishment of a Non-Profit Irrigation Meter Grant
Program directing staff to reallocate General Fund
operating budget to fund the program, or adopt the
Draft Resolution establishing a Non-Profit Irrigation
Meter Grant Program and authorizing an
appropriation from the Budget Stabilization Reserve
Fund, or adopt the Draft Resolution establishing a
Non-Profit Irrigation Meter Grant Program and
authorizing an appropriation from the Special
Purposes Reserve Fund, in an amount of $100,000,
consistent with Ordinance No. 1787 and Section 2-

31.1 and Section 2-31.6 of the Porterville Municipal
Code, to fund the installation of dedicated irrigation
meters grant program for eligible non-profit
organizations, with no repayment obligation.

2. Consider adopting a Draft Resolution establishing a
Commercial Irrigation Meter Financing Program,
authorizing the Water Replacement Fund to provide
three-year, zero-percent interest financing for
qualifying commercial water accounts to install
dedicated irrigation meters.

3. Direct staff to implement both programs, including
development of application procedures, agreement
forms, eligibility verification, and public outreach
efforts.

4. Authorize the City Manager, or designee, to
administer the programs, approve agreements, and
take all necessary actions to carry out the intent of
these resolutions.

ATTACHMENTS: 1. Staff Report April 1, 2025

2. Staff Report March 18, 2025

3. Draft Resolution for Establishing a Financial
Assistance Grant Program

4. Draft Resolution for Budget Stabilization Fund for
Nonprofit Irrigation Meter Water Financing

5. Draft Resolution for Special Purposes Fund for
Nonprofit Irrigation Meter Water Financing

6. Draft Resolution Commercial Irrigation Meter Water
Item No. 20.

Financing

7. Ord.1787_Creating General Fund Reserve Policy

8. Ordinance 1830 Water Conservation

9. Ordinance No. 901 Sewer and Water Line
Connections

10. State Water Resources Control Board Resolution No.
2024-0019 (1)
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
Item No. 31.

CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Council Consideration and Implementation of Financial Assistance Program for Mixed-Metering
SOURCE: Public Works
COMMENT: At the March 18, 2025, City Council meeting, the Council directed staff to expand upon the financial assistance program originally considered for churches to include all non-profit organizations and commercial water accounts. The intent is to ensure accurate sewer billing for properties that include large irrigated areas, which would benefit from separate landscape meters.

The program is based on the three-year, zero-interest payback model previously proposed under the evaluation of churches, which establishes procedures for deferred payment options under the intent of Municipal Code 25-32.1 (Ordinance No. 901). The council directed that this option be made available through application:
• For non-profit organizations, funding is to be provided by the General Fund (estimated not to exceed $150,000).
• For commercial accounts, funding will be drawn from the Water Replacement Fund (estimated not to exceed $1,300,000).

This direction aligns with the City's goals to improve water use efficiency and accounting accuracy caused by mixed-use metering.

As detailed in the March 18, 2025, staff report, properties without separate irrigation meters are charged for sewer based on total water consumption, even when a significant portion of that water is used exclusively for landscape irrigation. This results in disproportionately higher sewer bills for customers identified as non-profit organizations and commercial properties with large landscaped areas. Installing a dedicated irrigation meter can reduce monthly sewer charges significantly by excluding irrigation usage from sewer billing calculations.

The estimated cost of installing a 1.5-inch irrigation meter, including connection fees, labor, and materials, is approximately $1,680 (under the current fee structure). Based on the typical savings realized by segregating landscape water use, the average payback period for this Item No. 31.
investment is about 12 months. Recognizing that the up-front cost may still be burdensome for many organizations, the Council-directed funding program offers a three-year, zero-percent interest repayment option. For non-profit organizations, this funding will be paid for by the General Fund as a grant without requiring the organization to enter into a payback agreement. The proposed program for commercial account support will be drawn from the Water Replacement Fund, requiring a three-year 0% interest payback agreement.

This approach supports existing regulations and policy objectives, including Municipal Code Sections 25-32A.9 and 25-32A.21 under Ordinance No. 1830, which require separate landscape meters and prohibit inefficient irrigation practices. It is also consistent with Ordinance No. 901, which permits installment payments for water connections when authorized by the City Council. Additionally, the program advances the State Water Resources Control Board’s goals under Resolution 2024-0019, emphasizing equitable access to water conservation tools and efficient outdoor water use.

Staff planning for implementation includes establishing:
• Application & Agreement Forms: Staff will create forms outlining eligibility, costs, repayment schedules, and responsibilities. • Outreach: Initial outreach will be prioritized for high-impact accounts. Information will be shared through utility billing inserts, city website updates, and direct customer contact.

Program Administration will be directed as per the City Council:
• For non-profit organizations: The funding will be provided as a grant, and sole financing will be paid by the General Fund. • For commercial accounts: Repayments of 0% interest for three (3) years will be deposited into the Water Replacement Fund.

Staff will be required to track and monitor agreements, balances, and performance metrics. The General Fund will be subject to all actual costs for non-profit irrigation meter installations. The Water Enterprise will extend the Council-directed funding program by offering a threeyear, zero-percent interest repayment option for commercial accounts.

The non-profit grant program would be required to be funded by the General Fund. The City Council has $93,404.41 available in the Special Purposes Reserve Fund (allocated from the General Fund) for the remainder of the fiscal year. The program can be funded at a level determined by the Council, as a pilot program, providing grants on a first come first serve basis with the number of connections to be determined by the funding available in the Special Purposes Reserve Fund. The Item No. 31.

Council could then allocate additional funds next fiscal year from the Special Purposes Reserve Fund based on the success of the program.

If the Council wishes not to utilize the Special Purposes Reserve Fund or desires to provide funding at a level higher than what is available in the fund, the Council would need to appropriate funds in the budget for the program.

RECOMMENDATION: That the City Council:

1. Consider implementing a financial assistance
program that provides complete coverage for nonprofit organizations through the General Fund, with no repayment obligation and provide direction on
funding amount and source;

2. Consider a three-year, zero-percent interest
repayment program for commercial accounts from
the Water Replacement Fund and provide direction
on funding amount; and

3. Direct staff to bring forth a draft Resolution at a
future meeting to establish the non-profit grant
program and commercial property loan program
based on Council's direction.

ATTACHMENTS: 1. Staff Report March 18, 2025

2. Ordinance 1830 Water Conservation

3. Ordinance No. 901 Sewer and Water Line
Connections

4. State Water Resources Control Board Resolution No.
2024-0019
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager
Item No. 20.

CITY COUNCIL AGENDA – MARCH 18, 2025
SUBJECT: Council Discussion and Review of Sewer Rates on Non-Residential Institutional Customer Class Churches
SOURCE: Public Works
COMMENT: On February 4, 2025, the City Council directed staff to examine the effects of the adopted sewer rates on Commercial Institutional accounts, specifically the classification of churches. The sewer rate adjustments, implemented on January 1, 2024, were based on the findings of the 2022 Sewer Rate Study conducted by Carollo Engineers. These increases were necessary to sustain wastewater operations, cover capital costs, and meet regulatory compliance.

According to the 2022 Wastewater Rate Study, churches were classified under the Non-Residential Customer Class, resulting in a sewer rate increase from $0.42 per HCF to $2.90 per HCF in 2023/24, with additional annual increases planned through 2027/28. This represents a 973.8% increase throughout the rate-setting period.

Sewer charges are based on total water consumption, under the assumption that all water used on a property returns to the sewer system. However, churches often have large landscaped areas requiring irrigation, leading to inflated sewer bills unless a separate irrigation meter is in place. This report provides an analysis of the financial impact of sewer rate increases on churches within Porterville. It explains the primary factors contributing to higher sewer bills for churches and presents a recommended solution to mitigate these costs through the installation of separate irrigation meters. Additionally, a financial assistance option is proposed to ease the burden of implementing this solution.

A review of 45 church accounts in the city revealed that 11 churches have dedicated landscape meters, and 17 church accounts had little to no landscape associated. Therefore, 17 churches would be recommended for initial outreach, with only 12 churches exceeding the average monthly consumption of 20 units.

Churches without these meters are billed for sewer services based on their total water usage, including irrigation. This results in disproportionately high sewer charges. For example, a church consuming 66 monthly water units (17 for potable use and 49 for irrigation) is billed for all 66 units under the current structure without an irrigation meter. This results in a sewer charge of $252.78. If a separate irrigation meter were installed, only the 17 potable units would be factored into the sewer billing, reducing the monthly charge to $65.11.

The Proposition 218 Notice and Sewer Rate Public Hearing confirmed that the newly adopted sewer rates apply uniformly to all Non-Residential Customer Class properties. Therefore, it is critical for churches to establish irrigation meters to ensure an accurate account of consumption. It is recommended that churches install separate irrigation meters.

Item No. 20.

This approach aligns with:
• Municipal Code 25-32A.9 (Ordinance No. 1830), which mandates separate landscape meters for non-residential irrigated landscapes between 1,000 and 5,000 square feet, per California Water Code 535.
• Municipal Code 25-32A.21 (Ordinance No. 1830), which prohibits inefficient irrigation and water waste.
• State Water Resources Control Board Resolution No. 2024-0019, which promotes water efficiency measures, including climate-appropriate landscaping and reduced irrigation waste.
• Proposition 218 Guidelines, ensuring cost-based justifications for rate structures.

The estimated cost of installing a 1.5-inch landscape meter with a backflow preventer is approximately $1,680 (current rates). This includes connection fees, materials, and city-force labor. Given the potential cost savings, the typical payback period for installation would be approximately 12 months.

A review of impacted churches indicates that many facilities could save between $200 and $500 per month on sewer costs, depending on their irrigation usage.

Some more significant properties could see annual savings exceeding $5,000, demonstrating the financial feasibility of implementing landscape meters.

Recognizing the financial impact on churches, staff proposes a financing option should the customer choose to spread the meter installation cost over three years by agreement. This aligns with Municipal Code 25-32.1 (Ordinance No. 901), which allows the City Council to establish provisions for installment payments on water connection fees over a period of up to three years with any provisions set by Council through Resolution.

Next Steps for Council consideration:

1. Staff Outreach: Notify affected churches and provide guidance on the installation process.

2. Financial Assistance Implementation: Establish procedures for deferred payment options in accordance with the intent of Municipal Code 25-32.1 (Ordinance No. 901).

3. Policy Review: Ensure compliance with state regulations and water conservation goals.

Implementing a separate irrigation meter offers a viable solution to mitigate high sewer costs for churches while promoting water conservation. This approach aligns with regulatory requirements and enhances financial sustainability for affected institutions. Staff recommends moving forward with outreach and assistance programs to facilitate this transition.

RECOMMENDATION: That the City Council:

1. Consider and discuss the evaluation of Sewer Rates on the Institutional customer class churches;

2. Direct staff to perform outreach to notify affected churches and provide guidance on the meter installation process;

3. Direct staff to make financial assistance available to the impacted customer class and implement procedures for
Item No. 20.
deferred payment options in accordance with the intent of Municipal Code 25-32.1 (Ordinance No. 901); and

4. Direct staff to review policy, ensuring compliance with state regulations and water conservation goals.

ATTACHMENTS: 1. Porterville 2022 Wastewater Rate Study

2. Resolution 68-2023

3. Ordinance1830 Water Conservation

4. Ordinance No. 901 Sewer and Water Line
Connections

5. State Water Resources Control Board Resolution No.
2024-0019
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Jason Ridenour, Interim City Manager

Page 1 of 2 ends

RESOLUTION NO. ____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE ESTABLISHMENT OF A FINANCIAL ASSISTANCE GRANT

PROGRAM FOR NON-PROFIT WATER ACCOUNTS TO INSTALL A DEDICATED

IRRIGATION METER SERVICE
WHEREAS, there is interest in allocating funds to support non-profit organizations by providing financial assistance for the installation of dedicated irrigation meters, including connection fees, labor, and materials; and
WHEREAS, properties with mixed-use water meters (indoor and outdoor water use on a single meter) are billed for sewer services based on total consumption, resulting in disproportionately high sewer bills for properties with significant landscape irrigation; and
WHEREAS, non-profit organizations often operate on limited budgets and provide public benefit services, making the upfront cost of irrigation meter installation financially burdensome; and
WHEREAS, the installation of separate irrigation meters allows outdoor water use to be excluded from sewer billing, aligning with City policy to promote accurate billing and efficient water use practices; and
WHEREAS, Municipal Code Sections 25-32A.9 and 25-32A.21 (Ordinance No. 1830) require dedicated landscape meters and prohibit inefficient irrigation; and WHEREAS, Ordinance No. 901 permits the City Council to authorize financial assistance for water and sewer-related infrastructure connections; and WHEREAS, the City Council finds that implementation of a financial assistance grant program for non-profit organizations will provide long-term fiscal and operational efficiency by reducing sewer billing inaccuracies and promoting water conservation.

NOW, THEREFORE, BE IT RESOLVED:

1. The City Council hereby approves and authorizes the appropriation of $100,000 to support the Non-Profit Irrigation Meter Grant Program. Funding the establishment of a financial assistance program for the installation of dedicated irrigation meters for nonprofit accounts, as outlined in the April 15, 2025 staff report.

2. The program shall provide full financial assistance to eligible non-profit organizations for the installation of dedicated irrigation meters, covering connection fees, labor, and materials, with no repayment obligation.

Resolution No. ___-2025

Page 2 of 2 ends

3. The Public Works Department is authorized to develop application forms, determine eligibility criteria, coordinate installations, and administer all aspects of the program.

4. The City Manager, or designee, is authorized to take all necessary actions to implement this program, including execution of any documents necessary to carry out the intent of this resolution.

PASSED, APPROVED AND ADOPTED this 15th day of April 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

Page 1 of 2 ends

RESOLUTION NO. ___-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE BUDGET

STABILIZATION RESERVE FUND AND ESTABLISHING A FINANCIAL

ASSISTANCE GRANT PROGRAM FOR NON-PROFIT WATER ACCOUNTS TO

INSTALL A DEDICATED IRRIGATION METER SERVICE
WHEREAS, there is interest in allocating funds to support non-profit organizations by providing financial assistance for the installation of dedicated irrigation meters, including connection fees, labor, and materials; and
WHEREAS, properties with mixed-use water meters (indoor and outdoor water use on a single meter) are billed for sewer services based on total consumption, resulting in disproportionately high sewer bills for properties with significant landscape irrigation; and
WHEREAS, non-profit organizations often operate on limited budgets and provide public benefit services, making the upfront cost of irrigation meter installation financially burdensome; and
WHEREAS, the installation of separate irrigation meters allows outdoor water use to be excluded from sewer billing, aligning with City policy to promote accurate billing and efficient water use practices; and
WHEREAS, Municipal Code Sections 25-32A.9 and 25-32A.21 (Ordinance No. 1830) require dedicated landscape meters and prohibit inefficient irrigation; and WHEREAS, Ordinance No. 901 permits the City Council to authorize financial assistance for water and sewer-related infrastructure connections; and WHEREAS, the City of Porterville Municipal Code Section 2-31.1 (Ordinance 1787) established the Budget Stabilization Reserve Fund to mitigate one-time annual budget revenue shortfalls and to support expenditures that will result in future efficiencies and/or budgetary savings; and
WHEREAS, the City Council finds that implementation of a financial assistance grant program for non-profit organizations is consistent with the intent and purpose of the Budget Stabilization Reserve Fund, and will provide long-term fiscal and operational efficiency by reducing sewer billing inaccuracies and promoting water conservation; and WHEREAS, Ordinance No. 1787 established the City of Porterville’s General Fund Reserve Policy and codified Section 2-31.1 of the Porterville Municipal Code, which authorizes the use of the Budget Stabilization Reserve Fund for one-time expenditures that result in future efficiencies or budgetary savings; and Resolution No. ____-2025

Page 2 of 2 ends

WHEREAS, the City Council finds that the use of the Budget Stabilization Reserve Fund to support the Non-Profit Irrigation Meter Grant Program is consistent with Section 2-31.1, as the program will lead to improved billing accuracy, long-term administrative efficiency, and enhanced water conservation; and
WHEREAS, on April 1, 2025, the City Council directed staff to implement a fully funded grant program for non-profit organizations, with no repayment obligation, utilizing the Budget Stabilization Reserve Fund as the identified funding source.

NOW, THEREFORE, BE IT RESOLVED:

1. The City Council hereby approves and authorizes the appropriation of $100,000 from the City’s Budget Stabilization Reserve Fund to support the Non-Profit Irrigation Meter Grant Program. Funding the establishment of a financial assistance program for the installation of dedicated irrigation meters for nonprofit accounts, as outlined in the April 15, 2025 staff report.

3. The Public Works Department is authorized to develop application forms, determine eligibility criteria, coordinate installations, and administer all aspects of the program.

4. The City Manager, or designee, is authorized to take all necessary actions to implement this program, including execution of any documents necessary to carry out the intent of this resolution.

5. This Resolution constitutes formal City Council action pursuant to Section 2-31.7 of the Porterville Municipal Code.

PASSED, APPROVED AND ADOPTED this 15th day of April 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

Page 1 of 2 ends

RESOLUTION NO. ___-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE SPECIAL

PURPOSES RESREVE FUND AND ESTABLISHING A FINANCIAL ASSISTANCE

GRANT PROGRAM FOR NON-PROFIT WATER ACCOUNTS TO INSTALL A

DEDICATED IRRIGATION METER SERVICE
WHEREAS, there is interest in allocating funds to support non-profit organizations by providing financial assistance for the installation of dedicated irrigation meters, including connection fees, labor, and materials; and
WHEREAS, properties with mixed-use water meters (indoor and outdoor water use on a single meter) are billed for sewer services based on total consumption, resulting in disproportionately high sewer bills for properties with significant landscape irrigation; and
WHEREAS, non-profit organizations often operate on limited budgets and provide public benefit services, making the upfront cost of irrigation meter installation financially burdensome; and
WHEREAS, the installation of separate irrigation meters allows outdoor water use to be excluded from sewer billing, aligning with City policy to promote accurate billing and efficient water use practices; and
WHEREAS, Municipal Code Sections 25-32A.9 and 25-32A.21 (Ordinance No. 1830) require dedicated landscape meters and prohibit inefficient irrigation; and WHEREAS, Ordinance No. 901 permits the City Council to authorize financial assistance for water and sewer-related infrastructure connections; and WHEREAS, the City of Porterville Municipal Code Section 2-31.6 (Ordinance 1787) 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 Council finds that implementation of a financial assistance grant program for non-profit organizations is consistent with the intent and purpose of the Special Purposes Reserve Fund, and will provide long-term fiscal and operational efficiency by reducing sewer billing inaccuracies and promoting water conservation; and WHEREAS, Ordinance No. 1787 established the City of Porterville’s General Fund Reserve Policy and codified Section 2-31.6 of the Porterville Municipal Code, which authorizes the use of the Special Purposes Reserve Fund for one-time expenditures for special events, projects or purposes that benefit the community; and Resolution No. ___-2025

Page 2 of 2 ends

WHEREAS, the City Council finds that the use of the Special Purposes Reserve Fund to support the Non-Profit Irrigation Meter Grant Program is consistent with Section 2-31.6, as the program will lead to improved billing accuracy, long-term administrative efficiency, and enhanced water conservation; and
NOW, THEREFORE, BE IT RESOLVED:

1. The City Council hereby approves and authorizes the appropriation of $100,000 from the City’s Special Purposes Reserve Fund to support the Non-Profit Irrigation Meter Grant Program. Funding the establishment of a financial assistance program for the installation of dedicated irrigation meters for nonprofit accounts, as outlined in the April 15, 2025 staff report.

3. The Public Works Department is authorized to develop application forms, determine eligibility criteria, coordinate installations, and administer all aspects of the program.

4. The City Manager, or designee, is authorized to take all necessary actions to implement this program, including execution of any documents necessary to carry out the intent of this resolution.

5. This Resolution constitutes formal City Council action pursuant to Section 2-31.7 of the Porterville Municipal Code.

PASSED, APPROVED AND ADOPTED this 15th day of April 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

Page 1 of 2 ends

RESOLUTION NO. ______-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ESTABLISHING A FINANCIAL ASSISTANCE PROGRAM FOR COMMERCIAL

WATER ACCOUNTS TO INSTALL DEDICATED IRRIGATION METERS THROUGH A

THREE-YEAR, ZERO-INTEREST REPAYMENT AGREEMENT FUNDED BY THE

WATER REPLACEMENT FUND
WHEREAS, the City Council recognizes that mixed-use water metering—where both indoor and outdoor consumption are measured on a single meter—results in sewer charges that do not accurately reflect a customer’s indoor wastewater contribution; and WHEREAS, commercial water accounts with large landscaped areas are disproportionately affected by this billing structure, often incurring higher sewer charges due to outdoor irrigation usage being included in total metered water consumption; and WHEREAS, the installation of a separate irrigation (landscape) meter allows for accurate billing of sewer services by excluding irrigation water from the sewer calculation, aligning billing with actual indoor water use; and
WHEREAS, Ordinance No. 1830, codified in Municipal Code Sections 25-32A.9 and 25-32A.21, requires dedicated irrigation meters and prohibits inefficient irrigation practices; and
WHEREAS, Ordinance No. 901 authorizes the City Council to permit installment payments for sewer and water-related connections and infrastructure; and WHEREAS, on March 18, 2025, and April 1, 2025, the City Council reviewed staff recommendations and provided direction to establish a financial assistance program for commercial customers to support irrigation meter installation through a structured repayment agreement; and
WHEREAS, funding for the Commercial Account Repayment Program will be provided by the City’s Water Replacement Fund, with participants repaying the full cost of installation over a three-year period at zero percent (0%) interest.

NOW, THEREFORE, BE IT RESOLVED:

1. The City Council hereby authorizes the establishment of a financial assistance program for the installation of dedicated irrigation meters for commercial accounts, as outlined in the April 15, 2025 staff report.

2. The program shall provide that:
• Commercial accounts may apply for a three-year, zero-percent interest financing agreement. Upfront costs shall be paid by the Water Enterprise Fund and repaid to the fund over the term of the agreement.

Resolution No. ____-2025

Page 2 of 2 ends

3. Staff is directed to develop administrative procedures, including eligibility criteria, application materials, repayment agreements for commercial accounts, and an outreach plan targeting high-impact customers.

4. Staff shall monitor participation and fiscal impacts and return to the City Council with periodic program updates and any recommended adjustments.

PASSED, APPROVED AND ADOPTED this 15th day of April 2025.

Greg Meister, Mayor
ATTEST:

Jason Ridenour, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

Ordinance No. 1830
requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 25-50. (11) identify any applicable rain harvesting or catchment technologies as discussed in Section 25-50 and their 24-hour retention or infiltration capacity; (12) identify any applicable graywater discharge piping, system components and area(s) of distribution;
(13) contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and (14) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)
§ 25-41 Irrigation Design Plan.
(a) This section applies to landscaped areas requiring pennanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an i1Tigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.
(1) System
(A) Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either:

1. a customer service meter dedicated to landscape use provided by the City of Porterville; or

2. a privately owned meter or submeter.
(B) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.
(C) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal perfonnance.

Page 17 of 37 ends

STATE OF CALIFORNIA)
( ss

COUNTY OF TULARE )
ROY R. PEDERSON, the duly qualified and acting City Clerk of the City of Porterville does hereby certify:

THAT the foregoing ordinance is a true and correct copy of Ordinance No. 901 passed and adopted by the Council of the City of Porterville at a meeting held on the 16th day of April, 1968; that by the terms and provisions of the Charter of the City of Porterville, said ordinance became effective on the 15th day of May, 1968 and said ordinance is in full force and effect.

THAT saifi ordinance was introduced by Councilman Williams and the same was duly passed and adopted by the following vote:

AYES: COUNCILMEN: Benson, Hanson, Spencer, Williams, and Martin NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2024-0019

ADOPTING A REGULATION

TO MAKE CONSERVATION A CALIFORNIA WAY OF LIFE
WHEREAS:

1. Many Californians and urban water suppliers have taken bold, creative, and sometimes-challenging steps over the years to use water more efficiently.

2. In 2018, the California State Legislature enacted Senate Bill (SB) 606 and Assembly Bill (AB) 1668 to establish guidelines for efficient urban water use and a framework for the implementation and oversight of new efficiency standards.

3. Water Code section 10609.2, added by AB 1668, directs the State Water Resources Control Board (State Water Board or Board), in coordination with the Department of Water Resources (Department), to adopt, through a regulation, standards for the efficient use of water and performance measures for commercial, industrial, and institutional water use. (Wat.

Code, § 10609.2, subd. (a).) These standards, along with other standards, such as indoor residential water use standards set by the Legislature in Water Code section 10609.4, standards for water losses set by the Board pursuant to Water Code section 10608.34, and variances, guidelines and methodologies adopted by the Board, are to be used by urban retail water suppliers to set urban water use objectives. (Wat. Code, § 10609.2, subd. (e); Wat. Code, §§ 10609.12, 10609.14, 10609.16, 10609.20.)

4. Water Code section 10609, subdivision (c) established principles to apply to the development and implementation of the long-term standards and the urban water use objective, chief among them that urban retail water suppliers shall retain the flexibility to develop their water supply portfolios, design and implement water conservation strategies, educate their customers, and enforce their rules to meet their urban water use objective.

5. As part of its process for developing recommendations, the Department led 29 public meetings, seven working group workshops, and six stakeholder discussions. The Department provided recommendations to the State Water Board in November 2022. The State Water Board relied on those recommendations in developing the attached regulation. 2 6. Prior to starting the official rulemaking process, the State Water Board conducted public engagement efforts to inform the framework for the regulation. Board staff hosted 12 public workshops covering an array of topics, including how the regulatory framework might specifically impact trees, parklands, and local wastewater management, and how it might impact water suppliers, communities, and the state. After the rulemaking began, the State Water Board held two public hearings, receiving 140 oral public comments, and staff held 21 working group meetings to better understand issues and concerns raised about the draft regulatory framework by interested parties. Staff also hosted 20 meetings with individual urban retail water suppliers serving disadvantaged communities.

Over the course of the multiple comment periods, more than 1,000 formal comment letters were received.

7. The California Water Supply Strategy, the California Water Plan, the Water Resilience Portfolio, and the Climate Adaptation Strategy recognize the importance of Making Conservation a California Way of Life in safeguarding water resources and preparing California communities for more extreme drought and precipitation conditions.

8. The standards for efficient outdoor water use are achievable now and in the future. More than 70 percent of Californians receive water from suppliers that, according to available data, are already meeting or exceeding their urban water use objectives and will through 2035, when the outdoor standards become a Landscape Efficiency Factor (LEF) of

0.63. Protecting Water Resources

9. As much as 50 percent of the water applied outdoors in the urban sector is lost due to wind, evaporation, or runoff caused by inefficient irrigation methods or systems. Climate-ready landscapes reduce dry-weather and wet-weather runoff. With deeply rooted climate-appropriate plants and soils enriched with compost and mulch, these landscapes require less irrigation and excel at slowing, spreading, and absorbing precipitation.

Limiting runoff protects our water resources from harmful pesticides, nutrients, metals and bacteria, keeping them drinkable, fishable, and swimmable.
3 Mitigating and Adapting to Climate Change

10.Conserving water can reduce energy use, which reduces greenhouse gas emissions and other co-emitted air pollutants. Energy savings come primarily from avoiding energy used for extracting, conveying, treating, distributing, and the end uses of water (especially heating), as well as the energy use for collecting, treating, and discharging or reusing wastewater.

11.As plants in urban landscapes, trees can require four to ten times less water than turf and can be irrigated much more efficiently, ensuring more of the applied water reaches and is used by the plants. Expanding the urban forest can therefore save water; it can also reduce the urban heat island effect and sequester carbon.

12.California is preparing for changing precipitation patterns, including more frequent and intense atmospheric river storms, more frequent and intense droughts, and other weather extremes. Water conservation will help California communities be more resilient to climate whiplash. In recent droughts, for example, water conservation has been shown to increase carryover storage and enhance water supply reliability.

13.Actions suppliers may take to implement the regulation could include programs to incentivize more efficiently irrigated climate-ready landscapes.

In addition to the benefits noted above, climate-appropriate plants need less water in the summer and can provide more habitat for pollinators, insects, and birds. Furthermore, cultivating climate-ready landscapes with the addition of compost and mulch can build healthier soils by using organic materials that might otherwise go to landfills.

Advancing Affordability and Equity

14.Water conservation has been shown to make water more affordable by avoiding the need for more expensive supplies. Intentional effort will be critical to ensure that low-income households can benefit from water conservation programs.

15.Studies have found less tree canopy in disadvantaged communities in California cities. Expanding the urban forest can lower water use, and water bills, as well as reduce cooling needs and costs. 4 THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts a new article 1 in California Code of Regulations, title 23, division 3, chapter 3.5, as appended to this resolution as a regulation, and renumbers existing articles in chapter 3.5.

2. State Water Board staff shall submit the regulation to the Office of Administrative Law (OAL) for review and filing with the Secretary of State.

3. If, prior to OAL filing the regulations with the Secretary of State, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or the Executive Director’s designee may make such changes.

4. The State Water Board directs staff to identify frequently asked questions and broadly disseminate information regarding the regulation.

5. Directs staff to maintain momentum from the regulation’s development and to continue robust engagement with representatives of the water supplier, academic, advocacy communities, and others to promote effective implementation of the regulation, identify challenges, and use those mechanisms to provide feedback to future board informational items, including pursuant to resolved paragraph 12.

6. The State Water Board directs staff to coordinate with the Department to identify and pursue opportunities to update landscape area frequently and as soon as feasible, ensuring stakeholder engagement in the process. The Board recognizes the importance of landscape area data for this framework and the challenges involved in updating the data.

7. The State Water Board directs staff to consider affordability and equity when implementing the regulation. To this end, the Board further directs staff to, to the degree possible:
a. In coordination with the Department, prioritize technical assistance and compliance support for suppliers that are struggling to meet regulatory obligations and serving areas where the majority of customers reside in disadvantaged communities. This technical assistance may include helping water agency staff understand the 5 regulation and its requirements; providing support regarding alternative compliance; identifying possible sources of funding for the supplier’s efforts; developing or aggregating outreach and education materials; conducting analyses of the accuracy of relevant data; and evaluating whether a supplier could have qualified for any variances.
b. Engage with suppliers and other organizations to help forge partnerships dedicated to multi-benefit water conservation projects. c. Assess potential equity impacts, including the benefits, of the implementation of the regulation.
d. Develop guidance for suppliers regarding strategies to support low-income households. Such strategies may include integrating conservation and low-income rate assistance programs; partnering with community-based organizations to develop or expand programs for the direct installation of water efficient fixtures, appliances, and landscapes; and changing rate structures.

8. The State Water Board will make every effort to implement the regulation in a manner that protects water resources, mitigates and adapts to climate change impacts, and accelerates nature-based solutions. To these ends, the Board directs staff to, to the degree possible:
a. Coordinate with CalRecycle to develop guidance for suppliers regarding strategies that can be used to help Californians to conserve water while also supporting local and statewide efforts to divert organic waste from landfills, improve soil health with the addition of compost and mulch, and reduce emissions of short-lived climate pollutants.
b. Coordinate with CalFIRE to develop guidance for suppliers regarding strategies to keep existing trees healthy, identify climateready trees suitable for suppliers’ service areas, and increase the urban forest, in alignment with state goals, and coordinate with CalFIRE to provide technical assistance regarding the variance for the irrigation of existing trees.
6 c. Coordinate with the California Energy Commission to better integrate and leverage water and energy programs and initiatives, such as the Building Energy Benchmarking Program and the Residential Appliance Saturation Study.
d. Coordinate with the California Department of Fish and Wildlife to develop guidance and strategies that help Californians conserve water while also supporting urban biodiversity.
e. Coordinate with the California Air Resources Board to better document and quantify the net greenhouse gas emission reductions associated with water conservation programs and projects.

9. The State Water Board will, to the degree possible, work to streamline suppliers’ data reporting by integrating relevant data, including, but not limited to, data that have been previously reported to the state. To this end, the Board directs staff to:
a. Facilitate annual reporting by compiling and making relevant data publicly available in a machine-readable format.
b. Evaluate the sources and quality of relevant data and develop recommendations to better facilitate data streamlining by minimizing duplicative reporting and integrating data reported through other systems and to other state agencies.
c. Explore ways to develop an online reporting form that incorporates relevant data.
d. To better integrate water conservation and certain supplier operations data, include in the reporting form a field where a supplier can voluntarily provide a link to analyses the supplier conducted in the course of setting fees or charges for water service, or other pertinent information.

10.The State Water Board commits to integrating urban water conservation and the goals of this regulation into other State Water Board programs, to the degree appropriate, including:
7 a. Evaluating whether and how the Board could allocate funding to support water conservation efforts. Division of Financial Assistance staff should consider whether and how to incorporate conservation into Drinking Water and Clean Water Intended Use Plans, or the Drinking Water State Revolving Fund and Clean Water State Revolving Fund Policies, as appropriate.

11.With respect to suppliers’ possible violations of the regulation, the State Water Board values fair, consistent, progressive, and transparent enforcement. To this end, the Board directs staff to:
a. Consider the sequencing of actions outlined by the Legislature in Water Code section 10609.26.
b. Consider what conservation measures the supplier is taking and whether those measures are resulting in the expected and intended savings.
c. Consider the degree to which the supplier is using or is eligible to use the variances and provisions available, including the variance for the irrigation of existing trees.
d. Consider the degree to which the supplier is taking reasonable steps to assist and support conservation investments for disadvantaged communities and low-income households.

12.Unless and until directed otherwise, staff shall bring periodic information items to the Board describing the progress staff have made in carrying out the actions identified in this resolution and summarizing the progress suppliers have made in calculating and meeting urban water objectives and carrying out CII performance measures.

13.By December 2028, staff shall present at a Board meeting an update on progress made under the regulations and across the state, coupled with a proposed strategy, developed following public engagement, for Board consideration to prioritize compliance and enforcement actions, recognizing the efforts undertaken by that time to make conservation a California way of life.
8 14.Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on July 3, 2024.

AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: None
ABSTAIN: None
Courtney Tyler
Clerk to the Board
Item No. 21.

CITY COUNCIL AGENDA – APRIL 15, 2025
SUBJECT: 2025 KJUG Free Summer Concert Series Sponsor
SOURCE: Parks and Leisure Services
COMMENT: The City has served as a sponsor of the KJUG Free Summer Concert series for the past four years, including City staff coordinating the concert preparations at Centennial Park. Momentum Broadcasting (who operates FM 106.7 KJUG) has approached the City to again sponsor and staff coordinate this year's KJUG Free Summer Concert Series at Centennial Park, with the concert date yet to be determined. The cost of sponsorship for the 2025 KJUG Free Summer Concert Series is $2,000 (same as 2024). Sponsorship in the past has come from the Community Promotions account, in which funds are available. Liability coverage must be obtained for the special event. The cost of the liability coverage is approximately $2,000 for special events. Funding for the liability coverage cost will come from the Risk Management Fund. Should the Council again support sponsorship of the KJUG Free Summer Concert Series, once the concert date is determined, City staff will schedule an Agenda item for Council authorization for street closures and use of facilities.

RECOMMENDATION: That the City Council:

1. Consider sponsorship of the 2025 KJUG Free Summer
Concert Series for a concert date to be determined; and

2. Authorize the expenditure of $2,000 as a concert event sponsor from the Community Promotions account; and

3. Authorize the expenditure not to exceed $2,000 for
special event liability coverage to be paid out of the Risk Management Fund.

ATTACHMENTS: 1. KJUG Concert Series Sponsor
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Item No. 21.

Final Approver: Jason Ridenour, Interim City Manager
2025

KJUG SUMMER

CONCERT SERIES
City Sponsor
We are back and ready to kick off the 2025 season with our full line up of shows. The Free Summer Concert Series attracts Country Music Fans from all over the South Valley. It’s an opportunity to see your favorite new country artist in an up-close concert venue. There is a total of 5 concerts for the Summer with spots saved for 1 in Porterville at Centennial Park, 1 in Visalia, 1 in Woodlake Park, 1 in Hanford at the Civic Park, and 1 in Exeter at the one of its beautiful parks. Some of the past featured artists have been Lady Antebellum, Justin Moore, Cole Swindle, Scotty McCreery, & Brett Eldredge.

As a City Sponsor of KJUG’s Annual Summer Concert Series, you will receive the following for your city:

NAME ASSOCIATION:
 Affiliation with this highly successful radio promotion  Affiliation with KJUG, one of the most recognized Country Stations in the US.

ADVERTISING:

Radio
 Minimum of 100 mentions directing listeners to the Porterville show Print
 Logo displayed on posters
 Logo on side stage banners
Online
 Logo on event Landing Page
 Name recognition in a minimum of 50 Shared Live and Recorded streaming promotional announcements  60X M-Sun 6a-12m :60 commercials per series streaming (schedule to mirror radio flight)  Minimum of 100 mentions directing listeners to the Porterville show Social Media Exposure- 50,000 followers
This is a family outing and draws a huge crowd.

Summer Concert Series Net Investment: $2,000
Agreed to by: _____________________________________________________Date: _______________ Item No. 22.

CITY COUNCIL AGENDA – APRIL 15, 2025
SUBJECT: On-Call Engineering & Surveying Consultants
SOURCE: Engineering and Project Management
COMMENT: At its meeting on April 19, 2022, the City Council authorized the establishment of an on-call list of pre-qualified licensed professionals to provide engineering and surveying services. The approved list was valid for an initial three (3) years with two (2) possible one-year extensions and would help to expedite the process of procuring such services for each project when needed. The list also affords the City flexibility in the projects when unknown conditions are discovered.

At its meeting on November 21, 2023, the City Council authorized a modification to the existing list that added six (6) firms to the on-call list, bringing the overall total to nine (9) firms. This modification did not extend the timing of the list. With the initial three (3) year term coming to an end, staff is requesting Council direction on the next steps regarding the list.

The Council can choose to authorize an extension of the existing list for the first of two (2) allowable one-year extensions or the Council can choose to direct staff to distribute a Request for Qualifications (RFQ) to establish a new list. If the Council chooses to distribute an RFQ to establish a new list, a temporary extension of the existing list until the RFQ process is complete would be necessary to assist with project needs.

The current list of on-call engineering and surveying consultants is as follows:
(1) 4Creeks, Inc
(2) Dee Jaspar & Associates, Inc
(3) Quad Knopf, Inc (QK)
(4) Carollo
(5) Peters Engineering Group
(6) Provost & Pritchard
(7) HydroScience
(8) Diversified Project Services International (DPSI)
(9) Borelli & Associates
RECOMMENDATION: That the City Council:

Item No. 22.

1. Authorizes the first of two (2) allowed one-year
extensions of the engineering and surveying consultants list; or

2. Authorizes the distribution of a Request for Qualification to develop a new on-call engineering and surveying
consultants list; and

3. Authorizes a temporary extension of the current on-call engineering and surveying consultants list until the RFQ process is complete.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
Item No. 23.

CITY COUNCIL AGENDA – APRIL 15, 2025
SUBJECT: On-Call Materials Testing Consultants
SOURCE: Engineering and Project Management
COMMENT: At its meeting on April 5, 2022, the City Council authorized the establishment of an on-call list of pre-qualified professionals and/or firms that are specifically certified to conduct materials testing and/or field observation services. The approved list was valid for an initial three (3) years with two (2) possible one-year extensions and would help to expedite the process of procuring such services for each project when needed. The list also affords the City flexibility in the projects when unknown conditions are discovered.

At its meeting on August 15, 2023, the City Council authorized a modification to the existing list that added four (4) firms to the on-call list, bringing the overall total to ten (10) firms. This modification did not extend the timing of the list. With the initial three (3) year term being up, staff is requesting Council direction on the next steps regarding the list. The Council can choose to authorize an extension of the existing list for the first of two (2) allowable one-year extensions or the Council can choose to direct staff to distribute a Request for Qualifications (RFQ) to establish a new list. If the Council chooses to distribute an RFQ to establish a new list, a temporary extension of the existing list until the RFQ process is complete would be necessary to assist with project needs.

The current list of on-call materials testing consultants is as follows:
(1) BSK Associates
(2) Soils Engineering, Inc (SEI)
(3) Krazan & Associates, Inc
(5) Blackburn Consulting
(6) NV5
(7) RMA GeoScience
(8) Universal Engineering Sciences (no longer providing services in this area)
(9) DC Inspections
(10) CTL, Inc (no longer contracting on their own as they have merged with Krazan & Associates, Inc)
Item No. 23.

RECOMMENDATION: That the City Council:

1. Authorizes the first of two (2) allowed one-year
extensions of the on-call materials testing consultants list; or

2. Authorizes the distribution of a Request for Qualification to develop a new on-call materials testing consultants list; and

3. Authorizes a temporary extension of the current on-call materials testing consultants list until the RFQ process is complete.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
Item No. 24.

CITY COUNCIL AGENDA – APRIL 15, 2025
SUBJECT: Consideration of Letter of Opposition to Senate Bill 634 SOURCE: City Manager's Office
COMMENT: On February 20, 2025, Senator Perez introduced SB 634 Homelessness: Civil and Criminal Penalties and was amended on March 26, 2025. SB 634 would prohibit any state agency or local jurisdiction from adopting or enforcing a local ordinance that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or an act related to basic survival, or a person who is assisting a person who is homeless with any act related to basic survival. The bill defines a basic act related to homelessness to mean: standing, sitting, lying, or sleeping in a public space, including, but not limited to, a public street, a public park, or other outdoor area that is open to the public. Furthermore, acts related to basic survival are defined under the proposed bill to include, but not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.

The City Council adopted Ordinance 1905, Regulating Unsafe and Unauthorized Camping and Storage of Personal Property, the Protection of Critical Infrastructure, and Mitigation of Harm to the Public Health, Safety, and Welfare on April 16, 2024. Since July 2024, the City of Porterville has abated over 333 homeless encampments and has achieved voluntary compliance of the removal of encampments within the city. The Police Department has made 2,782 contacts, provided 14 mental health services referrals, 49 housing services referrals, five drug service referrals, and issued 251 abatement notices.

This legislation, if adopted, would prohibit the City of Porterville from enforcing Ordinance 1905 to protect critical infrastructure and the health, safety and welfare of the community. Recently, the City has experienced damage to critical infrastructure resulting to two bridges (Porter Road Bridge and Plano Street Bridge) in the city being structurally compromised due to the undermining to the support structure of the bridges. The prohibition on enforcing Ordinance 1905 could result to additional instances of damage to critical infrastructure as well as jeopardize the health, safety and welfare of the community.

Item No. 24.

RECOMMENDATION: That the City Council consider the draft letter of opposition to Senate Bill 634 and direct staff to submit the letter to the Governor, Chair of the Senate Local Government
Committee, California State Senator Melissa Hurtado,
Assembly Woman Alexandra Macedo and California State
Senator Sasha Perez.

ATTACHMENTS: 1. Draft Letter of Opposition to SB634

2. Senate Bill 634
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
April 15, 2025
The Honorable Maria Elena Durazo
Chair, Senate Local Government Committee
California State Capitol, Room 407
Sacramento, CA 95814
RE: SB 634 (Pérez) Homelessness: civil and criminal penalties Notice of OPPOSITION (As Amended 03/26/25)
Dear Senator Durazo,
The City of Porterville opposes SB 634 (Pérez), which would prohibit local jurisdictions from adopting or enforcing ordinances to address homelessness. SB 634 would severely limit cities' ability to respond to the growing homelessness crisis in communities across California.

Cities are implementing balanced approaches that protect both the rights of individuals experiencing homelessness and the broader community’s needs for clean, safe, and accessible public spaces. SB 634 hinders this progress by prohibiting local governments from adopting and implementing any regulation, policy, or guidance that imposes civil or criminal penalties on a person experiencing homelessness. By eliminating all enforcement mechanisms, SB 634 gives people the right to stand, sit, lay, sleep, or put up a tent in any public place.

The City of Porterville has experienced significant damage to critical infrastructure from homeless individuals undermining bridge structures to setup encampments, that have jeopardized the safety of the community and forced the City to utilize limited funds to make required repairs.

Without the ability to use civil or criminal enforcement remedies, cities would face increased legal liability and more importantly, have no meaningful way to respond to urgent health and safety concerns. The City of Porterville recognizes that we must remain focused on connecting unhoused residents to housing and services, but cities also need basic tools to meet their legal obligations and protect public spaces.

SB 634 also directly contradicts cities’ efforts to address encampments in response to the Governor’s November 2024 executive order. The order directed state departments and agencies to adopt policies to address homeless encampments on state properties and encouraged local governments to adopt similar policies or risk losing access to state homelessness funding. Cities want to help the state to realize our shared vision of reducing homelessness. However, SB 634 leaves cities without any enforcement tools, hindering cities' ability to carry out the Governor’s directive and jeopardizing state funding cities receive to address homelessness.

Local jurisdictions are already working within a complex and evolving legal landscape, including recent federal court decisions like Johnson v. Grants Pass, which clarified constitutional limits on how cities can address homelessness through enforcement actions. In response to the Grants Pass ruling, the Governor stated:
“Today’s ruling by the U.S. Supreme Court provides state and local officials the definitive authority to implement and enforce policies to clear unsafe encampments from our streets. This decision removes the legal ambiguities that have tied the hands of local officials for years and limited their ability to deliver on common-sense measures to protect the safety and well-being of our communities.”
SB 634 directly undermines this decision by stripping local governments of the authority to tailor enforcement strategies to their unique circumstances. It also disregards the years of legal effort cities have invested to gain the clarity now provided by the Court.

The City of Porterville urges the Legislature to support policies that empower local governments to act with compassion and urgency — not tie their hands behind their backs. SB 634 does not reflect the nuanced, community-led solutions that are showing promise across the state. For these reasons, the City of Porterville opposes SB 634 (Pérez).

Sincerely,
Greg Meister
Mayor
City of Porterville
AMENDED IN SENATE MARCH 26, 2025
SENATE BILL No. 634
Introduced by Senator Pérez
February 20, 2025
An act to add Sections 11145.1 and 53069.44 to the Government Code, relating to local government. homelessness.
legislative counsel’s digest
SB 634, as amended, Pérez. Local government. Homelessness: civil and criminal penalties.

The California Constitution authorizes a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. Existing law establishes procedures for the enactment of ordinances by counties and cities and makes a violation of a county or city ordinance, as applicable, a misdemeanor unless by ordinance it is made an infraction. Existing law also prohibits a state agency from adopting or enforcing any rule or a violation of which can result in the imposition of a fine or imprisonment, or both, unless a statute specifically authorizes the imposition of such fine or imprisonment, or both, for a violation of the rule or regulation.

This bill would prohibit a local jurisdiction from adopting a local ordinance, or enforcing an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. The bill would similarly prohibit a state agency from adopting any regulation or issuing any policy or guidance, or enforcing an existing regulation, policy, or guidance, that imposes those civil or

98 criminal penalties. The bill would define various terms for these purposes.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law provides for the formation and powers of various local governments, including counties and cities. Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts.

This bill would state the intent of the Legislature to enact legislation relating to local government.

Vote: majority. Appropriation: no. Fiscal committee: no yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. (a)  The Legislature finds and declares all of the line 2 following:
line 3 (1)  As of 2024, on any given night, over 187,000 people are line 4 experiencing homelessness in California, with data from the state’s line 5 Homeless Data Integration System showing over 308,000 people line 6 experiencing homelessness accessing services over the course of line 7 the year and many more at risk of homelessness.
line 8 (2)  Homelessness is a policy failure primarily caused by the line 9 unaffordability of housing in California, with over 1,000,000 line 10 extremely low income households spending more than one-half line 11 their income on rent, and not the result of personal failings of line 12 people experiencing homelessness. This housing crisis is the result line 13 of decades of failed housing policy, coupled with structural and line 14 institutional racism, and a lack of sufficient investment in line 15 affordable housing and other programs to address homelessness. line 16 (3)  The solution to homelessness is affordable housing and line 17 robust supportive services, as demonstrated by years of line 18 peer-reviewed research.
line 19 (4)  Data from the fifth cycle of the Regional Housing Needs line 20 Assessment (RHNA) showed that jurisdictions in California needed line 21 to add over 277,000 housing units that are affordable to very low line 22 income households over the 2013 to 2024 assessment period to 98 SB 634 — 2 —
line 1 keep pace with the need for new housing, but jurisdictions line 2 statewide attained only 21 percent of that goal, permitting just line 3 over 57,000 units that are affordable to very low income line 4 households.
line 5 (5)  Data from the United States Department of Housing and line 6 Urban Development’s Housing Inventory Count showed that in line 7 2024, despite more than 300,000 people cycling through line 8 homelessness statewide, California had only 76,000 shelter beds line 9 and 79,000 units of permanent supportive housing. line 10 (6)  Homelessness is disproportionately experienced by Black, line 11 Indigenous, and other groups in California that have experienced line 12 historical and continued discrimination, and excessive penalties line 13 related to homelessness contribute to and exacerbate the racist line 14 outcomes in housing and criminal justice.
line 15 (7)  Arresting, fining, and jailing people experiencing line 16 homelessness for the act of living outside and conducting line 17 life-sustaining activities does not contribute to ending their line 18 homelessness.
line 19 (8)  A growing body of research suggests that these responses line 20 to homelessness add additional barriers to ending someone’s line 21 homelessness, including causing people to lose touch with case line 22 managers, family, and friends seeking to assist them find housing. line 23 (9)  These barriers also including missing work and losing line 24 needed income to get back into housing.
line 25 (10)  These barriers also include missing critical health care line 26 appointments that may contribute to deteriorating health. line 27 (11)  These barriers also include loss of key property, including line 28 identification, birth certificates, and other documents that are line 29 needed to access subsidized housing, essential services, and public line 30 benefits.
line 31 (12)  These barriers also include financial penalties that can line 32 increase debt, damage credit, and result in bench warrants that line 33 result in additional jail time, all of which detracts from efforts to line 34 regain housing.
line 35 (13)  Criminalization also adds risks to the community-based line 36 service provider organizations and community members working line 37 with the population experiencing homelessness, hindering the line 38 responsiveness of both publicly funded and other community-based line 39 responses to end homelessness.
98 — 3 — SB 634
line 1 (b)  It is, therefore, the intent of the Legislature in enacting this line 2 act to limit penalties that local and state governments may pursue line 3 for the performance of acts related to experiencing homelessness, line 4 including conducting life-sustaining activities, for the purpose of line 5 removing hindrance to ending California’s homeless crisis. line 6 SEC. 2. Section 11145.1 is added to the Government Code, to line 7 read:
line 8 11145.1. (a)  Notwithstanding any other law, a state agency line 9 shall not adopt any regulation or issue any policy or guidance, or line 10 enforce an existing regulation, policy, or guidance, that imposes line 11 civil or criminal penalties on a person who is homeless for any line 12 act immediately related to homelessness or any act related to basic line 13 survival, or on a person who is assisting a person who is homeless line 14 with any act related to basic survival.
line 15 (b)  For purposes of this section, the following definitions apply:
line 16 (1)  “Act immediately related to homelessness” means standing, line 17 sitting, laying, or sleeping in a public place, including, but not line 18 limited to, a public street, public park, or other outdoor area that line 19 is open to the public.
line 20 (2)  “Act related to basic survival” includes, but is not limited line 21 to, the possession of a tent or tarp, erection of a tent or tarp, eating line 22 or drinking, possessing and utilizing blankets or pillows, seeking line 23 shade, and other activities to protect oneself from the elements. line 24 (3)  “Homeless” has the same meaning as defined in Section line 25 578.3 of Title 24 of the Code of Federal Regulations, as that section line 26 read on January 10, 2019.
line 27 SEC. 3. Section 53069.44 is added to the Government Code, line 28 to read:
line 29 53069.44. (a)  Notwithstanding any other law, a local line 30 jurisdiction shall not adopt a local ordinance, or enforce an line 31 existing ordinance, that imposes civil or criminal penalties on a line 32 person who is homeless for any act immediately related to line 33 homelessness or any act related to basic survival, or on a person line 34 who is assisting a person who is homeless with any act related to line 35 basic survival.
line 36 (b)  For purposes of this section, the following definitions apply:
line 37 (1)  “Act immediately related to homelessness” means standing, line 38 sitting, laying, or sleeping in a public place, including, but not line 39 limited to, a public street, public park, or other outdoor area that line 40 is open to the public.
98 SB 634 — 4 —
line 1 (2)  “Act related to basic survival” includes, but is not limited line 2 to, the possession of a tent or tarp, erection of a tent or tarp, eating line 3 or drinking, possessing and utilizing blankets or pillows, seeking line 4 shade, and other activities to protect oneself from the elements. line 5 (3)  “Homeless” has the same meaning as defined in Section line 6 578.3 of Title 24 of the Code of Federal Regulations, as that section line 7 read on January 10, 2019.
line 8 (4)  “Local jurisdiction” means a city, county, city and county, line 9 or special district.
line 10 SEC. 4. The Legislature finds and declares that ensuring a line 11 compassionate, evidence-based approach to ending homelessness line 12 is a matter of statewide concern rather than a municipal affair as line 13 that term is used in Section 5 of Article XI of the California line 14 Constitution. Therefore, Section 3 of this act, adding Section line 15 53069.44 to the Government Code, applies to all cities, including line 16 charter cities.
line 17 SECTION 1. It is the intent of the Legislature to enact line 18 legislation relating to local government.

O
98 — 5 — SB 634

Porterville City CouncilApril 15, 2025

Porterville City Council
April 15, 2025