H. Enforcement: Any violation of this section is subject to any and all penalties as prescribed in the Municipal Code, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, nuisance abatement action, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. This section is adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted strictly, enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in the Municipal Code, no provision of this section or the Municipal Code authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71 et seq., or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under the Municipal Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Ord. 1866, 11- 19-2019; amd. Ord. 1880, 2-16-2021)
SECTION 3. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) [there is no possibility the activity in question may have a significant affirmative effect on the environment]. The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].
SECTION 4. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Porterville, or any official, employee or agent thereof.
SECTION 5. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
SECTION 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Porterville hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, Ordinance No. _____
sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 7. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Porterville Municipal Code as amended by this ordinance are substantially the same as provisions in the Porterville Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
SECTION 8. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.
PASSED, APPROVED AND ADOPTED this _______day of ____________, 2025.
Greg Meister, Mayor
ATTEST:
Richard Tree, Acting City Clerk
By: _________________________
Fernando Gabriel-Moraga
Acting Chief Deputy City Clerk
Item No. 20.
CITY COUNCIL AGENDA – MAY 20, 2025
SUBJECT: Consideration of Letter to Governor Newsom and the State Water Resources Control Board Regarding Strategic Redistribution of Surplus Reservoir Water
SOURCE: City Manager's Office
COMMENT: At the City Council meeting of May 5, 2025, the City Council approved Councilman Green’s request for an item to be added to the May 20, 2025, agenda to consider a letter to Governor Newsom and the State Water Resources Control Board regarding a request for the strategic redistribution of surplus reservoir water.
The draft letter emphasizes the current high levels of major reservoirs across the state and recommends directing a portion of that surplus water to the west side of the San Joaquin Valley. The intent is to relieve seasonal strain on east side water conveyance systems, preserve groundwater resources, and support agricultural operations during peak demand periods. The letter further notes that the recent change in the regulatory status of the delta smelt has removed a significant environmental barrier, making such water transfers more feasible.
This proposed action supports regional equity, long-term water sustainability, and proactive state leadership in the face of future drought cycles.
RECOMMENDATION: That the City Council consider authorizing the Mayor to sign and transmit the attached letter to the Governor of
California and the California State Water Resources Control Board in support of the strategic redistribution of surplus reservoir water.
ATTACHMENTS: 1. Draft Letter
Appropriated/Funded:
Review By:
Department Director:
Item No. 20.
Richard Tree, Acting City Manager
Final Approver: Richard Tree, Acting City Manager
Item No. 21.
CITY COUNCIL AGENDA – MAY 20, 2025
SUBJECT: Consideration of an Extension of Time to Expend Special Purposes Reserve Funds for Special Events at the Porterville Navigation Center SOURCE: City Manager's Office
COMMENT: At its meeting of May 21, 2024, the City Council approved Council Member Beltran’s request to consider allocating funds from the City Council Special Purposes Reserve Fund for special events for people experiencing homelessness in connection with the Porterville Navigation Center (PNC) in the amount of $5,000. Council approved Resolution No. 26-2024 with an expenditure deadline of December 2024.
Kings View staff held three events at the PNC: a Halloween event, a Thanksgiving dinner, and a Christmas dinner, and the submitted invoices for these events totaled $1,595.59, which is an average of $531.86 per event. This left a balance of $3,404.41 of the total amount allocated. The events have been successful and Kings View staff would like to continue providing special events. The events have increased morale among the residents and created a community among them.
At its meeting of May 5, 2025, the City Council approved Council Member Beltran's request to bring an item to today's meeting, recommending extending the deadline to expend funds to December 31, 2025 so that the remaining balance can be used for additional events.
All other provisions of Resolution No. 26-2024 shall remain unchanged.
The funds will continue to be used as outlined in the attached draft resolution.
RECOMMENDATION: That the City Council adopt the attached draft resolution, approving an extension of the timeframe to expend the
remaining balance of the $5,000 allocated from the FY
2023/2024 Special Purposes Reserve Fund for special
events at the Porterville Navigation Center through
December 2025.
ATTACHMENTS: 1. Reso 26-2024
2. Draft Resolution
Item No. 21.
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Acting City Manager
Final Approver: Richard Tree, Acting City Manager
RESOLUTION NO. ____-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
APPROVING AN EXTENSION OF TIME TO EXPEND SPECIAL PURPOSES
RESERVE FUNDS FOR EVENTS AT THE PORTERVILLE NAVIGATION CENTER WHEREAS, there is interest in allocating funds to be used in connection with the Porterville Navigation Center for the benefit of individuals experiencing homelessness; and
WHEREAS, Section 2-31.6 of the Porterville Municipal Code 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 believes that the use of the City’s Special Purposes Reserve Fund is appropriate to fund special events in connection with the Porterville Navigation Center; and
WHEREAS, the City Council previously approved the use of these funds on May 21, 2024, in the amount of $5,000.00 with an expenditure deadline of December 2024 through the adoption of Resolution No. 26-2024; and
WHEREAS, Porterville Navigation Center staff expended $1,595.59 of the allocated funds by December 2024, leaving a remaining balance of $3,404.41; and WHEREAS, City staff is requesting an extension of the expenditure deadline to allow the remaining balance to be used through December 31, 2025, in support of additional special events hosted at the Porterville Navigation Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORTERVILLE AS FOLLOWS:
SECTION 1. The City Council finds that supporting special events for the benefit of individuals experiencing homelessness in connection with the Porterville Navigation Center is consistent with the intent and purpose of the Special Purposes Reserve Fund.
SECTION 1. The City Council hereby approves and authorizes an extension of the expenditure deadline established by Resolution No. 26-2024, allowing the remaining balance of the $5,000.00 allocation from the Special Purposes Reserve Fund to be expended through December 31, 2025, for special events hosted at the Porterville Navigation Center.
Resolution No. ____-2025
PASSED, APPROVED, AND ADOPTED this 20th day of May, 2025. _______________________
Greg Meister, Mayor
ATTEST:
Richard Tree, Acting City Clerk
By: ___________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 22.
CITY COUNCIL AGENDA – MAY 20, 2025
SUBJECT: Review of Adopted Budget Calendar for Fiscal Year 2025-2026 and Consideration of an Alternative Schedule
SOURCE: City Manager's Office
COMMENT: At its meeting of February 18, 2025, the City Council approved the Budget Calendar for Fiscal Year 2025-2026, which outlines key milestones for the preparation, review, and adoption of the City’s annual budget. In accordance with Section 51 of the City Charter, this schedule provides for submission of revenue and expenditure estimates not later than thirty days prior to the end of the fiscal year, with the preliminary budget presented to the Council on June 3, 2025, and final adoption scheduled for June 17, 2025.
While Section 51 requires the adoption of a general budget, it does not specify the duration of the adoption period. Accordingly, and consistent with past Council practice and interpretation, the Council may authorize a budget covering less than the full fiscal year. This approach has been used in two recent cases: in 2020 during the onset of the COVID-19 pandemic, and in 2023 following the significant local flood event. In both instances, the City adopted a provisional interim budget to allow operations to continue while the full-year budget was finalized.
Given current operational demands, including the transition in the City Manager position, active labor negotiations, and evolving program needs, staff is proposing for Council’s consideration a continuance of the Fiscal Year 2024-2025 budget for the first quarter of Fiscal Year 2025- 2026. This continuation would provide stability and legal compliance while allowing additional time to complete a refined and strategic financial plan. The interim budget will ensure continuity of operations while staff incorporates updated labor projections and Council priorities.
The proposed schedule is designed to support a transparent, participatory, and collaborative budget development process. It includes multiple opportunities for Council discussion, public engagement, and iterative review, leading to adoption of a final budget that aligns with long-term fiscal goals and community needs.
Should the Council wish to consider an alternative approach, staff is proposing the following modified schedule:
Item No. 22.
• June 3, 2025: Consideration of Proposed Fiscal Year 2025-2026 Budget Process and Setting of Date for Public Hearing.
• June 17, 2025: Public hearing to consider the adoption of a continuance of the Fiscal Year 2024-2025 budget for the first quarter of Fiscal Year 2025-2026 (July through September). • June 24, 2025: Special City Council meeting to conduct a Budget Study Session of the draft Fiscal Year 2025-2026 budget. • July 22, 2025: Special City Council meeting to consider and determine Council's Priority Projects for Fiscal Year 2025-2026. • September 2, 2025: Consideration of Proposed Fiscal Year 2025-2026 Budget and Setting of Date for Public Hearing. • September 16, 2025: Public hearing for the formal adoption of the final Fiscal Year 2025-2026 budget.
This alternative schedule supports a transparent, collaborative, and responsive budget process. It allows for extended Council engagement, additional staff analysis, and public input while ensuring legal compliance and continuity of services.
RECOMMENDATION: That the City Council:
1. Confirm the proposed Budget Calendar for Fiscal Year 2025-2026 as approved at the February 18, 2025, City
Council meeting; or
2. Consider and approve an alternative budget schedule as presented by staff, based on current operational needs and organizational conditions.
ATTACHMENTS: 1. Staff Report - February 18, 2025
2. Fiscal Year 2025-2026 Budget Calendar
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Acting City Manager
Final Approver: Richard Tree, Acting City Manager
Item No. 14.
CITY COUNCIL AGENDA – FEBRUARY 18, 2025
SUBJECT: Proposed Budget Calendar for Fiscal Year 2025-2026 and Scheduling of Priority Projects Study Session
SOURCE: City Manager's Office
COMMENT: Section 51 of the City Charter requires the submission, not later than thirty (30) days before the end of the fiscal year, of an estimate of the expenditures and revenues of the City's departments for the ensuing fiscal year. For City Council's consideration, please find attached the proposed budget calendar for the preparation and submission of the City's Annual Budget for the fiscal year 2025-2026.
In conjunction with the preparation of the budget, staff proposes that Council schedule the City Council's Priority Projects Study Session. A special meeting is able to be scheduled in early April or an item can be considered at a regularly scheduled City Council meeting.
RECOMMENDATION: That the City Council:
1. Approve the proposed Budget Calendar for Fiscal Year 2025-2026; and
2. Schedule the Priority Projects Study Session, either as a special meeting or as part of a regularly scheduled City Council Meeting.
ATTACHMENTS: 1. Draft Fiscal Year 2025-2026 Budget Calendar Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Interim City Manager
Final Approver: Jason Ridenour, Interim City Manager
Date Task Responsibility
March 6-7 Internal review of 10-Year Capital Projects CM/Directors March 14 Budget worksheets to Departments Finance
TBD City Council study session (priority projects) Council April 18 Preliminary revenue estimates completed Finance April 18 Completed budget worksheets to Finance Directors April 25 Internal budget planning session CM/Directors
May 14 Preliminary budget completed Finance
May 14 TUTOC review of Measure H & Measure I proposed budget CM May 29 Preliminary budget approved by City Manager CM
June 3 Preliminary budget presented to Council Council
June 17 Final budget public hearing and approval by Council Council
CITY OF PORTERVILLE
DRAFT BUDGET CALENDAR
FY 2025-2026
Item No. 23.
CITY COUNCIL AGENDA – MAY 20, 2025
SUBJECT: Consideration of Employment Agreement between the City of Porterville and Richard Tree for Interim City Manager
SOURCE: City Attorney
COMMENT: On May 5, 2025, the City Council appointed Richard Tree, the City’s current Director of Transportation, to serve as Acting City Manager effective May 14, 2025, and directed that an Agreement for Mr.Tree to serve as Interim City Manager until a permanent City Manager appointment is made be considered at a future meeting.
In order to ensure an expeditious and smooth transition, the City Attorney, in coordination with Mr. Tree's input, has put together a draft Agreement for Interim City Manager Services. The attached agreement establishes Mr. Tree’s appointment as Interim City Manager beginning May 24, 2025 (at the time the current Interim City Manager's formal employment with the City ends), and continuing until a permanent City Manager is appointed or until December 31, 2025, whichever occurs first. Mr. Tree would also continue to serve in his role as Director of Transportation during this interim appointment.
The agreement provides for a 10% adjustment to Mr. Tree's current salary in consideration of his Interim City Manager role, and contains additional terms addressing his dual-role responsibilities, benefits, and other customary terms applicable to executive-level service. The proposed terms of the agreement have also been considered by the City’s Finance and Human Resources Departments for consistency with the City’s standard employment practices and for compliance with legal and retirement system requirements.
RECOMMENDATION: That the City Council:
1. Review and consider the draft Agreement and any
changes;
2. Consider whether to Approve the Employment
Agreement between the City of Porterville and Richard Tree for Interim City Manager (as proposed or amended); and
3. Authorize the Mayor to execute the Agreement.
Item No. 23.
ATTACHMENTS: 1. Employment Agreement
Appropriated/Funded:
Review By:
Department Director:
Julia Lew, City Attorney
Final Approver: Julia Lew, City Attorney
EMPLOYMENT AGREEMENT
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF PORTERVILLE AND RICHARD TREE
WHEREAS, the City of Porterville, hereafter referred to as “City,” desires to hire RICHARD TREE, as its Interim City Manager;
WHEREAS, RICHARD TREE, desires to be employed as the Interim City Manager of the City of Porterville;
WHEREAS it is the desire and intent of the parties to create an employment agreement;
WHEREAS, the City desires to employ the services of Mr. Tree, as Interim City Manager of the City as provided by Section 17 of the Charter of the City of Porterville, as of May 24, 2025, and to serve as such until a City Manager appointment is made, or December 31, 2025, whichever occurs first;
WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set working conditions of the Interim City Manager; and
WHEREAS, it is the desire of the City Council to:
(1) Secure and retain the services of the Interim City Manager and provide inducement for him to remain in such
employment;
(2) To make possible full work productivity by assuring the Interim City Manager's morale and peace of mind with
respect to future security; and
(3) To provide a just means for terminating the Interim City Manager’s services at such time as he may be unable to
discharge his duties or when the City may desire to
otherwise terminate his employ.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree to enter into this Employment Agreement, as follows:
Section 1. Compensation
Commencing May 24, 2025, and thereafter, City agrees to employ and pay the Interim City Manager at the rate of the sum of $14,348.40 per month as compensation for the retention of the above-mentioned services, and such compensation thereafter as the City Council may, from time to time, determine. Said compensation shall be paid at the same times and in the same manner as other employees of the City are paid.
Section 2. Term of Service
The Interim City Manager’s term of employment shall be from May 24, 2025, until December 31, 2025, or until a (non-interim) City Manager appointment is made, whichever occurs sooner. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of the Interim City Manager at any time, provided that such termination shall be subject to the provisions of Section 3 herein below. The Interim City Manager may be removed by a four fifths (4/5) vote of the total City Council members. Before voluntarily resigning his position, the Interim City Manager agrees to give the City Council at least thirty (30) days’ notice in writing of his intention to resign stating the reasons therefore. It is specifically noted and agreed that Interim City Manager’s employment with the City is in an “at will” capacity and as such, he may be terminated at any time, with or without cause. Any termination of Interim City Manager shall be made by giving him written notice thirty (30) days in advance. Upon receipt of such notice, Interim City Manager shall have the right to request the reasons for such termination be specified in writing and shall further have the right, if he so requests, to address the City Council, in a closed session, regarding his termination. Any such written explanation of the reasons provided for termination
shall be a confidential communication between employer and employee and shall not be disclosed to third parties.
Section 3. Continued Service as Transportation Director and Right to Return to Position
Mr. Tree shall continue to serve as Transportation Director while serving as Interim City Manager. It is understood that during the time of service in the dual roles, the Interim City Manager’s Compensation, as set forth in Section 1, is comprised of his Transportation Director compensation and an amount intended to compensate for use of his personal motor vehicle for city-related purposes, and a 10% salary differential for his service as Interim City Manager.
At the end of the term of this Agreement as defined, or in the event of his involuntary termination in the Interim City Manager position, he shall have the option and right to return to the Transportation Director position with the City, unless any involuntary termination is due to misconduct or an abuse of his office or position. In the event he opts to separate from employment with the City, he shall be paid any other amounts that would be due to a City employee upon termination of employment with the City.
In the event of termination of employment with the City, any cash settlement provided by the City related to termination of the Interim City Manager shall be fully reimbursed to the City if the Interim City Manager is convicted of a crime involving an abuse of her office or position, as defined by California Government Code Sec. 53243.4. To the extent this Agreement allows for paid leave salary pending any investigation, and/or the payment of a legal criminal defense of Interim City Manager, any funds expended by the City for these purposes shall be fully reimbursed to the City if Interim City Manager is convicted of a crime involving an abuse of his office or position. Said reimbursements are required if such payments are made, even if the payments were made by the City in the absence of any contractual requirement to do
so.
Section 4. Dues, Travel and Conferences
The City hereby agrees to annually budget and allocate sufficient funds to pay for the dues and expenses of the Interim City Manager's necessary travel and living while representing the City at any conferences or meetings of City-related organizations, or state committees or commissions upon which the Interim City Manager serves as a member, said membership on said committees or commissions being subject to the approval of the Council, and for such other official conferences, meetings and/or travel as are reasonably necessary for the Interim City Manager to carry out his professional responsibilities as the appointed executive of the City.
Section 5. Regular Benefits
All provisions of the City Charter, Municipal Code, and Employee Rules and Regulations of the City relating to vacation, sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended shall apply to the Interim City Manager as they would to other management employees of the City, in addition to any other benefits enumerated herein specifically for the benefit of the Interim City Manager, except as otherwise provided in this Agreement.
Section 6. Supplemental Benefits
In addition to the regular benefit provided for in Section 5 above, the Interim City Manager shall be entitled to the following supplemental benefits:
a. The terms and conditions set forth in this Agreement are contingent upon compliance with CalPERS retirement system requirements.
He shall be enrolled in the PERS retirement system, and the City shall pay the employer’s required contribution, and he shall pay the employee’s required contributions to said Program;
b. He shall be provided a stipend for cellular telephone service, in the
amount approved for all management employees; provided that he shall be available and accessible to City Council members by means of these communication devices seven (7) days a week, twenty-four (24) hours a day, unless he has first otherwise notified the Council of his unavailability for an approved reason or basis; c. The Interim City Manager shall be entitled to receive a laptop computer for City use. The costs for the laptops will be amortized over the remaining term of his contract. If he resigns, leaves or is otherwise removed from employment/office, for any reason, and wishes to retain the laptop, he will be responsible for paying the balance owed for the remainder of his contract/term.
Section 7. General Expenses
The City recognizes that the Interim City Manager will incur certain expenses of a non-personal and job-related nature while engaged in City business. Such expenses include, but are not limited to, meals with potential tenants, developers, representatives of businesses interested in locating in the City, or already located in the City, and other federal, state, and local agency officials. City agrees to reimburse or to pay said general expenses to the extent that such expenses are permitted by law to be reimbursed, and the Finance Director is hereby authorized to disperse such money upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits.
Such receipts and supporting documentation shall be made available to the Mayor and City Council, and the City Council may designate one of its members or another individual to audit the Interim City Manager’s expenses.
Section 8. Other Terms and Conditions of Employment
The parties shall, by amendment to this Agreement, fix such other terms and conditions of employment from time to time as may be determined relating to the performance of the Interim City Manager of the City, provided such terms and
conditions are not inconsistent or in conflict with the provisions of this Agreement or City Charter.
Section 9. Annual Evaluation
Should the City Council and Interim City Manager agree to be considered and be approved for any extension of this Agreement due to unforeseen circumstances or delays in the recruitment of any successor, the Interim City Manager's performance and compensation may be evaluated on an annual basis on or about the month of December by the City Council. Said evaluation process shall include written goals and objectives for the Interim City Manager being set for the next year by the City Council.
Section 10. General Provisions
If a provision or any portion thereof contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed to be severable, shall not be affected and shall remain in full force and effect.
DATED this 20th day of May, 2025.
"CITY" "INTERIM CITY MANAGER"
Greg Meister Richard Tree, Interim City Manager
Mayor of the City of Porterville
ATTEST:
City Clerk and Clerk of the
Council of the City of Porterville
APPROVED AS TO FORM:
Julia M. Lew
City Attorney