Porterville City Council
July 15, 2025

ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SERIES 300,

OF THE PORTERVILLE DEVELOPMENT ORDINANCE REGARDING IMPLEMENTATION OF SIGN

SPECIFIC STANDARDS FOR MONUMENT AND FREESTANDING SIGNS
WHEREAS: On July 15, 2025 the City Council at its regularly scheduled meeting held a public hearing to consider amendment to the Porterville Development Ordinance; and WHEREAS: The purpose of the proposed amendment is to remove “specific zoning district standards” and implementing sign type-specific standards to reduce setbacks related to monument and freestanding signs; and
WHEREAS: The proposed ordinance is an implementation measure of the policies, goals, and objectives of the Porterville General 2030 Plan. The Environmental Coordinator made a determination on the basis of substantial evidence that, since the amendment would not result in a new type of permitted use or in uses containing a greater floor area than already permissible, it can be shown with certainty that there is no possibility that the proposed text amendment could have a significant effect on the environment; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Porterville as follows:

SECTION 1: Section 305.10(F) of Article 305 of Series 300 of Chapter 21 of the Porterville Municipal code is hereby amended read as follows:

F. Monument Signs. Freestanding signs erected on the ground or on a monument base designed as an architectural unit are allowed, subject to the specific zoning district standards and the following standards:

1. Maximum Number of Signs. One (1) monument sign per frontage per site.

2. Maximum Sign Area Per Sign:
a. D-PO, D-PS, D-GC, CMX, and CN districts: thirty-two (32) square feet. b. CG, CR, and Employment districts: sixty (60) square feet c. PS, REC and PK districts: thirty-two (32) square feet.

3. Height. A maximum of seven (7) feet.

4. Landscaping. All monument signs shall require automatic irrigated landscaping at the base equivalent to the area of the sign copy.

5. Setbacks. A minimum of five (5) feet from all property lines.

SECTION 1: Section 305.10(G) of Article 305 of Series 300 of Chapter 21 of the Porterville Municipal code is hereby amended read as follows:

G. Freestanding Signs. Freestanding signs are allowed subject to the specific zoning district standards and the following standards:

1. Maximum Number of Signs: One (1) freestanding sign per site.

2. Allowable Sign Area Per Sign. The area of any freestanding sign shall be included in the maximum allowed sign area per Table 305.09.

3. Architectural Treatment. Freestanding signs shall be architecturally compatible in style, finish and color with the adjacent building or development. Structural supports, poles, angle bars, iron pipes, I-beams or similar structural members shall be architecturally encased with finished metal cladding, stucco, or similar material at least one foot in diameter, subject to approval by the Zoning Administrator as to proportion and architectural compatibility.

4. Landscaping. Freestanding signs shall be placed within a landscaped planter with at least twenty-four (24) square feet of planting area. As a condition of any permit for a pole sign, additional landscaping of the property may be required where needed to better integrate sign appearance with the site through scale and softening effects.

5. Height:
a. A maximum of twenty (20) feet; thirty-five (35) feet within five hundred (500) feet of a freeway right of way. Pole signs shall have a minimum clearance of fourteen (14) feet over parking lots and driveways, and eight (8) feet over interior pedestrian walkways.
b. A maximum of twelve (12) feet in the CMX, CN and PO zone districts.

6. Projection. Freestanding signs shall not project beyond the property line.

7. Setbacks. A minimum of five (5) feet from all property lines.

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

PASSED, APPROVED, AND ADOPTED this ___ day of August, 2025. ___________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, Interim City Clerk
By: _________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 37.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Consideration of an Ordinance Amending Article VII of Chapter 18 of the Porterville Municipal Code Regulation Unsafe and Unauthorized Camping and Storage of Personal Property
SOURCE: City Attorney
COMMENT: At its regular meeting of June 3, 2025, the City Council reviewed and approved a draft ordinance updating the City’s regulations and policies related to unauthorized camping. These updates are intended to align with recent legal developments, including the United States Supreme Court’s decision in Johnson v. Grants Pass, as well as updated state guidance.

As part of the ordinance adoption process, the City Council, at its meeting on June 17, 2025, authorized staff to schedule a Public Hearing for July 15, 2025, to allow for public input and Council consideration of the ordinance’s first reading.

Staff recommends that the City Council hold the noticed public hearing and consider any testimony provided, and consider whether to approve and give first reading of the draft ordinance, reading by title only and waiving further reading thereof. The prior staff report summarizing the changes is attached to this report.

RECOMMENDATION: That the City Council:

1. Hold the noticed Public Hearing and consider all testimony provided; and

2. Consider whether to approve an Ordinance of the City Council of the City of Porterville amending Article VII of Chapter 18, regulating unsafe and unauthorized camping and storage of personal property, the protection of critical infrastructure, and mitigation of harm to public health, safety, and welfare; and

3. If so approved, give first reading by title only, waive further reading, and order the Ordinance to print.

Item No. 37.

ATTACHMENTS: 1. Draft Ordinance

2. Draft Ordinance - Red Line

3. Staff Report - 06/03/2025 - Item No. 25
Appropriated/Funded:

Review By:

Department Director:

Julia Lew, City Attorney
Final Approver: Richard Tree, Interim City Manager

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING ARTICLE VII OF CHAPTER 18 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
WHEREAS, the City of Porterville (“City”) encourages the use of open spaces and facilities within the City by all members of the community; and
WHEREAS, all people have a right to be protected from environmental pollution and to live in and enjoy clean, healthful, and safe living conditions; and
WHEREAS, camping in undesignated campsites within the City limits creates unsanitary, unhealthy, disorderly, and dangerous conditions that may affect both the campers and the general public, for example when the camping has occurred in the Tule Riverbed or along the embankments, where there has been both severe flood and fire dangers to those camping and the public depending on the season; and
WHEREAS, camping in undesignated campsites within the City limits tends to degrade and even destroy the property upon which the camping is occurring, particularly in situations where an encampment is large and ongoing; and
WHEREAS, camping in undesignated campsites within the City limits not only detracts from the use of the property for its intended purposes but also can create dangerous conditions for the public; and WHEREAS, the City has the authority to adopt regulations to ensure the public’s health, safety, and general welfare, and desires to regulate camping within the City; and WHEREAS, the U.S. Supreme Court, in the case of Johnson v. City of Grants Pass, 603 U.S. 520 (2024) (“Grants Pass”) ruled that enforcement of generally applicable laws regulating camping on public property does not constitute cruel and unusual punishment, and local governments can enforce ordinances banning sleeping or camping on public property; and WHEREAS, there are available low barrier overnight shelters operating within the City to serve individuals experiencing homelessness in the City; and
WHEREAS, the City has invested significant funds, resources, and time to assist persons experiencing homelessness to find temporary and permanent shelter and necessary public health services to address the causes of their homelessness, has sought to address the underlying issues contributing to homelessness and has striven to be a part of the solution. These City of Porterville actions and efforts include:

1. City Council, City Manager and staff participation on committees and sub-committees with service groups, regional non-profits, County Public Health Services, and other agencies to address causes of homelessness and work towards solutions.

Ordinance No. ______

2. The Police Department’s creation, expansion, and continued operation of a SMART team to provide homeless liaison services to address needs of the unhoused within the City limits and encourage coordination or facilitate connections with available resources.

3. The City’s development of low-barrier shelters, a Navigation Center, and permanent supportive housing to help support the needs of persons experiencing homelessness.

4. The City’s support and collaboration with local service providers to assist individuals and families experiencing homelessness, with funding focused on emergency shelters, housing navigators, bridge housing and permanent supportive housing.

5. The City has transferred the City’s portion of the National Opioid Settlement back to Tulare County to manage a regional effort to combat opioid-related issues that directly impact our unhoused population.

WHEREAS, despite the City’s efforts the Police Department has found that a significant number of the City’s homeless population routinely decline the City’s offers of help for various reasons including, and many people experiencing homelessness refuse to accept services and refuse to move from encampments; and
WHEREAS, the City has experienced significant and continuing threats to public health and safety resulting from persons experiencing homelessness sleeping and camping in public spaces and unauthorized private locations in the City, including the following:

1. Homeless encampments raise a number of public health concerns related to waste, sanitation, and disease transmission. Unhoused people, like all other people, generate solid waste during their daily activities of food preparation and consumption, shelter building and maintenance and storing their possessions. Without any place or method of proper storage or disposal, the resulting piles of trash become food sources for rodents, breeding grounds for pathogens, fuel for fires, and unattractive nuisances to the public.

2. The opportunity for the spread of communicable diseases is increased in homeless encampments lacking basic sanitation services and waste collection, with some diseases such as hepatitis A and typhus more likely to occur in homeless populations.

3. Health and safety issues are presented by the violation of fire, building, electrical and other codes and standards for public health and safety, including the unauthorized and unpermitted use of electrical and utility connections, due to the potential and reality of unsafe and unhealthy conditions in encampments, posing life, safety, fire and health threats to both the occupants of the encampments, the general public and emergency responders.

4. Health and safety issues are exacerbated and compounded by larger encampments as there is an exponential increase in these health and safety issues the larger the encampment, including but not limited to both accumulation of trash and debris as well as the greater likelihood of the spread of disease.

Ordinance No. ______

5. The City regularly receives a large volume of emails, phone calls and in-person complaints regarding the encampments in the City, and the frequency and number of these complaints continues to increase.

6. The homelessness problem in Porterville impacts crime rates. Homelessness-related crime rates are significant both in terms of crimes against the homeless and also crimes committed by the homeless. During the period of January 1 through May31, 2025, the Porterville Police Department experienced a call volume of 10.22% of the total calls for service that were related to the City’s unhoused population (with this percentage including complaints as well as arrests). Thus far in 2025 calls related to homelessness average approximately 9.82% of the total police calls per month.

7. Business owners and residents near encampments are confronted by trash, used needles, and human waste, and increased instances of open drug use, property damage, theft, and break-ins. They have seen their property values decline, their small businesses fail, and their public spaces become uninhabitable.

8. Businesses and residences near encampments experience physical impediments to access to public and private property which both impedes emergency responses, evacuation of occupants during an emergency, and general public access, as well as exacerbates the likelihood of conflict, intimidation and threats to the public safety for both the unhoused as well as all members of the public, and furthermore the collection of biohazard materials, human waste, trash and rubbish near businesses and residential areas contributes to a general decline in public health, safety and welfare.

9. Encampments near emergency shelters established for emergency evacuations during events such as winter rainstorms can cause barriers to access for evacuees.

10. Encampments near active construction sites, trash enclosures, areas with heavy vehicle use, and similar areas pose unique threats to both the unhoused as well as the operators of construction equipment and vehicles through unintentional yet predictable collisions and threats to health and safety.

11. Encampments on or near public utilities and critical infrastructure, such as stormwater, water and sewer infrastructure, fire stations, electrical wires and natural gas pipelines, pose unique safety, environmental and security issues and are generally closed to the public or have limited public access for safety, environmental and security reasons.

12. Unauthorized connections or taps to public utilities, as well as violation of fire, building, electrical and other codes and standards, create unsafe conditions and a potential life safety hazard for the occupant, the general public and emergency responders.

13. Encampments pose immense public health concerns as the rates of overdoses from drugs like fentanyl and heroin have increased substantially among the unhoused and encampments can provide an environment conducive to illegal drug consumption.

14. Abandoned encampment cleanups are performed by City Police officers and Parks and Leisure services department staff with police equipment, fire and City code enforcement officers and staff in an attempt to maintain and or control the spread of large encampments and this taxes public resources while unnecessarily exposing first responders and City staff to unhealthy and unsafe situations.

Ordinance No. ______

15. Fires in unsafe locations for cooking and warming occur at encampments increasing the risk of fires posing a threat to safety and health, and the City has had to respond directly to major fires caused by such activities over the years.

16. Accumulation of biohazard and medical waste occurs in and around encampments and these items end up in our creeks, storm drains, waterways, and beaches posing a direct threat to health and safety.

17. Severe blockage of storm drains and also the Tule Riverbed, due to excessive encampment debris and/or degradation of the river embankments leads to increased roadway and stream flooding and drain blockages during storms causing threats to health and safety.

18. During times of severe storms, unhoused camps are located in and must be evacuated from riverbeds; sloughs; embankments; low lying, unsafe areas; and storm drains due to increased risk of flooding, rapid water movement, and blockage of storm drains, posing safety threats to the residents of the encampments; and
WHEREAS, in light of these significant and continuing threats to public health and safety, the City previously adopted reasonable time, place and manner regulations on unauthorized camping, and now desires to adopt amendments consistent with the U.S. Supreme Court decision in Grants Pass, and that address additional issues and consideration; and
WHEREAS, the City finds that reasonable camping regulations for public property will best serve the public’s health, safety, and general welfare.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. CHAPTER 18, ARTICLE VII AMENDED. Article VII of Chapter 18 , entitled “Unauthorized Camping Regulations,” is hereby amended as follows:

CHAPTER 18. ARTICLE VII – UNAUTHORIZED CAMPING REGULATIONS Section 18-76 FINDINGS AND PURPOSE
A. As the City continues to offer assistance and services to persons experiencing homelessness, the City must appropriately consider various interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with its limited resources.

B. The City Council acknowledges that although shelters have been established within the City, regionally there is a lack of nightly shelter beds and housing available for persons experiencing homelessness and recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness.

C. The City Council acknowledges that some persons will live or shelter for survival outdoors until they are able or willing to access affordable or free shelter or housing. In Porterville, this has typically meant sheltering, sometimes for extended periods of time, on City rights-of-way and City Ordinance No. ______

property, on various private property without authorization, and at times on other public agency property owned by other public agencies.

D. Public rights-of-way and public property are generally intended for public use and travel. The City Council is the authority for rights-of-way within the City; as such, the City must consider the safety of motorists and pedestrians travelling on roadways and sidewalks, including to and from neighboring properties, businesses, and residences.

E. The City owns limited property where camping can or should be allowed for reasons including but not limited to public health and safety concerns and issues created by the impact of camping on public property.

F. The City has had increasing concerns regarding public health and safety due to instances of camping on or in rights-of way and public property in or near waterways, streets, roads, sidewalks, schools, residences, businesses, critical infrastructure, public access points and similar locations. Public utility properties (e.g., stormwater, water, sewer) are environmentally and operationally sensitive and generally closed to the public or have limited access for safety, environmental and security reasons.

G. Over the long term and working with other governmental agencies and non-profit organizations, the City’s belief is that people should not have to live outside and there are safer options.

H. It is the purpose and intent of the City Council to provide standards for camping and sheltering for survival on City rights-of-way and public property, which are intended to be as compatible as possible with the needs of everyone in Porterville to be healthy, safe, and have access to public places.

I. Smaller camp sites support both the health and safety of people who are camping for survival on public property as well as the health and safety of the public.

J. It is the purpose and intent of the City Council to provide standards for camping and sheltering for survival on City rights-of-way and public property which will address issues such as fire risk, unsanitary conditions, health risks, public infrastructure security, public access impediments, trash, waste, damage to park features and plants, and public safety hazards to both people camping as well as neighboring businesses, residents and community members, as well as environmental degradation, which have occurred with longer-term camping in the City.

K. It is the intent of the City to evaluate each removal of a Campsite with considerations of public health and safety, including for the people who are sheltering in the camps, potential user conflicts, and available resources. The City intends to use a team approach and coordinate with other governmental agencies and non-profit organizations as appropriate. When the City requires a person experiencing homelessness to remove a Campsite, through these regulations, it intends to provide the person adequate time to remove the Campsite before the City removes the Campsite, to secure any personal property with reasonable utility or reasonable value for the person to retrieve at a later date, and to clean the former Campsite to address threats to public health and safety.

Section 18-77 DEFINITIONS
Ordinance No. ______

The following words and phrases, when used in this Chapter, shall have the meaning ascribed to them by this section unless it is apparent from the context that another meaning is intended.

A. “Camp” or “Camping” means residing in or using any public property for one or more days or nights for sheltering or living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or using any tents, or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire using Bunsen burners or other heating items, or regularly cooking meals. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using public property as a living accommodation or sheltering for one or more days or nights.

B. “Camp Facilities” include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.

C. “Camp Materials” includes but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, shopping carts, recyclable material and/or non-City designated cooking or heating facilities and similar equipment, or personal possessions that would facilitate one’s use of a park, public property, or any portion of the public right-of-way as a temporary residence.

D. “Critical Infrastructure” means real property or a facility, whether privately or publicly owned, that the City Council by Ordinance or with recommendations from the City Manager by Resolution designates, from time to time, as being so vital and integral to the operation or functioning of the City or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals and health facilities; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.

E. “Enforcement Personnel” means the employee(s) of the City, including but not limited to sworn police officers, and code enforcement officers authorized by the City to seek compliance with, and enforce, the regulations, requirements, and rules of this.

G. “Fire Severity Zones” means mapped area as defined by the Office of State Fire Marshal that designates zones (based on factors such as fuel, slope, and fire weather) with varying degrees of fire hazard (i.e., moderate, high, and very high).

H. “Greywater” means untreated wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines and the like. It does not include any toilet discharge, unhealthy bodily wastes, or manufacturing wastes.

I. “Hazardous Water” means sewage, toilet discharge, unhealthy bodily wastes, manufacturing wastes and the like.

Ordinance No. ______

J. “Landscaped Area” means any manicured or natural ground covered areas including but not limited to flower beds, bushes, brush areas, or shrubs.

K. “Personal Property” means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, backpacks, clothing, food, documents, and medication.

L. “Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on City, county, or State park grounds.

M. “Public Property” means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; freeway on-ramps and off-ramps; publicly owned, maintained, or operated parks and/or playgrounds; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City.

N. “Public Utilities” means every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof, as defined by Public Utilities Code section 216, and as amended.

O. "Rights-of-Way" means all City-owned or controlled rights-of-way, whether in fee title or as holder of a public easement for right-of-way or public access purposes. Public rights of-way include but are not limited to any public road, street, sidewalk, or private street or other property that is subject to a public access easement dedicated or granted to the City for vehicular use, pedestrian use, utilities or other means, and any planter strip or landscaped area located adjacent to or contained within streets that is part of the public right-of-way.

P. “School” means any institution, facility, or organization, whether public or private, that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education. School for purposes of this section does not include vocational or professional institutions of higher education, including a community or junior college, college, or university. The setback shall be calculated from the school property boundaries.

Q. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

R. “Transportation Facility Loading Area” means that area within 200 feet of where trains, buses or any form of public transportation loads or unloads passengers.

S. “Vehicle” means a “motor vehicle” as defined by California Vehicle Code, section 415 and includes a “recreational vehicle” as defined by California Health and Safety Code, section 18010(a).

Ordinance No. ______

Section 18-78 RESTRICTIONS AND TIME, PLACE AND MANNER REGULATIONS It is unlawful and a public nuisance for any person to camp on Public Property when there is available space for the person(s) at a shelter location where the person(s) is eligible and is qualified to go. If there is no available shelter space, persons who do not have any other permanent residence or domicile and/or are involuntarily experiencing homelessness are prohibited from camping on certain public property as specified pursuant to this Article, and as restricted pursuant to any administrative rules and policies promulgated by the City Manager, or designee, adopted after the Effective Date of this Ordinance, in accordance with this Article. Additionally, camping, sheltering or lodging (or other activities) in a public place in violation of any applicable State or Federal law is prohibited.

A. Time. Unless otherwise specified, any Camping or Camp, where allowed, may only occur for 12 hours at a time in any one location. After 12 hours in one location, the Camp and all associated Camp Materials must be moved at least one street block or 600 feet, whichever is greater, to another location (where the activity is not otherwise prohibited).

B. Place. Camping is not allowed at any time in any of the following places:

1. Within a residentially zoned property boundary or within any area zoned Residential, as determined by the City of Porterville Zoning Map and the Porterville Municipal Code.

2. Within any Mixed-Use Overlay Zone, as determined by the City of Porterville Zoning Map and the Porterville Municipal Code.

3. Any place where Camping, a Camp, or Camp Materials create a physical impediment preventing emergency or non-emergency ingress, egress or access to public or private property, including but not limited to, on public sidewalks, alleyway or other public rights-of-way, driveways providing access to vehicles, and entrances or exits from buildings and/or other real property; and, within 15 feet of any fire hydrant.

4. Any vehicle lane, bicycle lane, roundabout within any public right-of-way, or Transportation Facility Loading Area, or under or on any bridges.

5. Within 1000 feet from any shelter both established for emergency evacuations as well as approved under the Porterville Municipal Code and/or approved consistent with any applicable provision of State or federal law.

6. On any street or public rights-of-way, unless expressly authorized by the City.

7. Within, or within an additional distance boundary as set by Resolution, any School.

8. Within, or within an additional distance boundary as set by Resolution, any Playground.

9. At the following public property: Porterville City Hall, any City-operated Community Center, Porterville Veterans Hall, Porterville Public Library, and Zalud House.

10. On, or within an additional distance boundary as set by Resolution, riverbeds, river embankments, sloughs, waterways, levies, water wells, storm basins or any publicly Ordinance No. ______

owned water, sewer or storm drain infrastructure (e.g., sewer lift stations, storm water pump stations or structures).

11. Within, or within an additional distance boundary as set by Resolution, Critical Infrastructure.

12. Within, or within an additional distance boundary as set by Resolution, either a very high Fire Severity Zone or a high Fire Severity Zone.

13. In, or within an additional distance boundary as set by Resolution, Refuse Service Containers (all bin and curbside service containers, in addition to designated Refuse trash enclosures).

14. On or within a certain specified distance of any other Public Property as may be designated from time to time by Resolution of the City Council, with recommendations from the City Manager, Police Chief and Fire Chief, or their designees.

C. Manner. Camping, when not otherwise prohibited, is subject to all of the following limitations and regulations:

1. Individuals, Camp Materials, Camps, or personal property may not obstruct, block, prevent access to, or impede: sidewalk accessibility or passage; clear vision of moving vehicles or bicycles; usage of fire hydrants; usage or function of Public Utilities, Critical Infrastructure, or other City infrastructure; or, otherwise obstruct, block, prevent access to, or impede the use of the Rights-of-Way for vehicular, pedestrian, bicycle, or other passage.

2. A Camp or Camping shall be limited to a spatial footprint of no greater than 12 feet by 12 feet, or 144 square feet, and shall have a smaller footprint if necessary to comply with the restrictions set forth in this Chapter. The intent of this section is to allow a person to sleep protected from the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended.

3. To prevent larger Camping sites from forming and the impacts to public health and safety that can result, a Camp shall not be within a one hundred fifty (150) foot radius of any other Camp, unless otherwise explicitly authorized by City regulation, and only under such conditions adopted by the City and permitted by this Code.

4. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no reasonable utility or reasonable value, as determined by the City, in public rights-of-way, on City property, or on any adjacent public or private property.

5. Open flames, recreational fires, burning of garbage, bonfires, or other fires, flames, or heating deemed unsafe by the Porterville Fire Department, or the Porterville Police Department, are prohibited. Types of flameless cooking stoves and other flameless devices for keeping warm, as consistent with this subsection, are permitted. Additionally, Ordinance No. ______

any and all fires, to the extent allowed by this Section, must comply with all State and local laws.

6. Dumping of Greywater or Hazardous Water into any facilities or places not intended for Greywater or Hazardous Water disposal is prohibited. This includes but is not limited to City streets, public rights-of-way, public waterways, and storm drains, which are not intended for disposal of Greywater or Hazardous Water.

7. Unauthorized connections or taps to Public Utilities, including but not limited to such connections or taps that cross over City property, roadways, rights-of-way, driveways, streets, sidewalks, fences, and private property are prohibited.

8. Violations of building codes, fire codes, and other relevant codes or standards for health and safety are prohibited.

9. Obstruction of, or attachment of Camp Materials or personal property to, fire hydrants, utility poles, Public Utilities infrastructure, public infrastructure, fences, trees, vegetation, vehicles, bridges/infrastructure, or buildings is prohibited.

10. Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as tents, and similar items used for shelter that are readily portable, are not structures for purposes of this section.

11. Storage of personal property such as vehicle tires, bicycles, or associated components (except as needed for an individual's personal use), gasoline, generators, lumber, household furniture, propane tanks, combustible material or gases, or other items or materials, is prohibited, other than what is related to camping, sleeping, or keeping warm and dry, and only to the extent that such items are used in a safe manner.

12. Digging, excavation, terracing of soil, alteration of ground, water or infrastructure, or damage to vegetation or trees is prohibited.

13. All animals in the custody, ownership, or companionship of an individual, must be leashed or crated at all times.

14. Camps shall consist of no more than two adult persons, their minor dependents, two animals (e.g., dogs) that are leashed or crated at all times, and one tent.

Section 18-79 ENFORCEMENT
A. Voluntary Compliance. The enforcement personnel shall make a good faith effort to contact the person violating this Chapter and provide a reasonable opportunity to cure or remedy the alleged violation. Enforcement Personnel shall make a good faith effort to determine whether the person subject to enforcement has been referred to service providers and/or local non-profit assistance organizations and make a referral if it appears none has been made.

B. Notice of Violation

1. 24 Hour Notice. Prior to implementing any of the enforcement mechanisms provided for in this Chapter to remove a Campsite and/or Camp Facilities because of violations of this Chapter, Ordinance No. ______

the Enforcement Personnel shall provide occupants of a Campsite or Camp Facilities, at least 24 hours in advance of any action to remove the Campsite or Camp Facilities, notice both to remove the camp within 24 hours consistent with the requirements of this Chapter as well as of the intent by the City to remove the Campsite or Camp Facilities in no less than 24 hours (the “notice”). The notice shall be in writing and shall be posted on or near the Campsite or Camp Facilities, so as to reasonably communicate the notice to persons living at the or Camp Facilities but not present during the attempt to provide notice. In addition, the Enforcement Personnel shall make a good faith effort to personally provide the written notice to the occupant(s) of the Campsite or Camp Facilities present at the time the Enforcement Personnel posts the notice.

Failure of the occupant(s) of the encampment to comply with the notice’s requirements to remove the camp within 24 hours consistent with the requirements of this Chapter shall constitute a violation of this Chapter. The notice shall contain the following information:
a. The location of the Campsite or Camp Facilities;
b. The date and time notice was posted;
c. A statement that the Campsite or Camp Facilities violates this Chapter; d. An advisement that the City will remove the Campsite or Camp Facilities 24 hours after the date and time of the notice;
e. Information about any housing, shelter, or homeless services available for occupants of the Campsite or Camp Facilities, the phone number and address to contact in order to obtain such housing, shelter, or homeless services, if available, and information about obtaining free transportation, if available, to such housing, shelter, or homeless services; f. An advisement that any personal property remaining at the Campsite or Camp Facilities site when the Enforcement Personnel returns to remove the Camp Facilities will be impounded for no fewer than 60 days, or as provided for by applicable law, and will be discarded thereafter if not claimed; and
g. The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, being a staging or storage area managed by the Porterville Fire Department – Code Enforcement Unit, or as otherwise designated by the City, and that the City will charge no fee for storage or retrieval.

2. Less Than 24 Hour Notice. The notice detailed above may establish a shorter time for the removal of the encampment if the Enforcement Personnel have determined the conditions at the Campsite or Camp Facilities requires removal of the Campsite or Camp Facilities in less than 24 hours to avoid a potential emergency or threat to public health or safety, such as possible site contamination by hazardous materials or when there is reasonable potential danger to human life or safety. Failure of the occupant(s) of the encampment to comply with the notice’s requirements to remove the camp consistent with the requirements of this Chapter shall constitute a violation of this Chapter.

3. Illegal Activity or Exceptional Emergency. Enforcement personnel may remove a Campsite or Camp Facilities without providing the notice described above in the following circumstances:

Ordinance No. ______

a. When there is probable cause for law enforcement officials to believe that illegal activity, other than camping, is occurring at a Campsite or Camp Facilities, or in the immediate vicinity of an Established Campsite or Camp Facilities; or b. When there is probable cause for law enforcement officials to believe that the property that comprises a Campsite or Camp Facilities is being used or is intended to be used to commit or facilitate the commission of otherwise illegal activity; or c. In the event of an exceptional emergency, such as significant evidence of site contamination by hazardous materials or when there is immediate danger to human life or safety.

C. Removal of a Campsite or Camp Facilities. If the occupant(s) fail to comply with the request for voluntary compliance set forth in subsection A above, and after the enforcement personnel comply with the requirements set forth in subsection B above, any Camp, Camp Materials, or personal property in violation of any of the standards in this Chapter may be removed or cleaned-up by the City or its designated contractors, and the enforcement personnel may take appropriate actions to remove a Campsite or Camp Facilities and enforce this Chapter, consistent with the following:

1. When removing Camp Facilities, or individuals, Camp Materials, or personal property from a Campsite, enforcement personnel will make reasonable efforts to remove individuals without the use of force or citation.

2. When removing personal property, the City shall make reasonable efforts to determine if the property belongs to an individual and has any reasonable utility or reasonable value. “Personal belongings” include 1) items of apparent value of $50 or more; and/or 2) items of apparent personal value, including but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, habitable tents, personal papers (such as photographs, albums, ID’s , bank statements, and legal papers), backpacks, container, and operational bicycles, scooter, and strollers. The City shall make reasonable efforts to identify which Campsite the property was removed from, to aid in connecting people with their property. Items that are perishable, that have no reasonable use or value, that are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and need not be stored.

3. Weapons, drug paraphernalia, or other contraband, and items that appear to be either stolen or evidence of a crime, shall be provided to law enforcement officials.

4. Following removal of personal property from City property or rights-of-way, the City shall post a notice at or as near as possible to the location the property was collected and on the City's website, stating where the personal property is being stored, and listing the phone number and hours a person claiming ownership can collect or make arrangements to collect their personal property.

5. After a Campsite or Camp Facilities has been removed, then at the recommendation of the Police Chief or Fire Chief on the basis of public health and safety, the City Manager may order Ordinance No. ______

that no camp be set up in that same location or a 100-foot. The City shall post signs informing the public that camping is prohibited at the location.

D. Removal and Storage of Personal Property or Camp Materials During Removal of a Campsite or Camp Facilities. Personal property or Camp Materials may be removed from City rights-of-way, City property, or a Camp, during removal of a Campsite or Camp Facilities pursuant to Section C above, if in violation of the provisions of this Chapter, as provided for herein.

1. Personal property removed from City rights-of-way or City property and unclaimed at the time of removal will be stored by the City for a minimum of sixty (60) days, or the duration (if shorter in time) allowed by applicable State or federal law, counting from the day of the removal as day one.

2. Items that are perishable, that have no reasonable use or value, that are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the City rights-of-way or on public property may be immediately discarded.

3. The City will store personal property at a storage facility at or near a designated City facility, where people can reasonably retrieve belongings. Notwithstanding any otherwise applicable City policy or procedure, all items collected and stored pursuant to this Chapter that reasonably appear to have a monetary value at the time of collection of less than one thousand dollars ($1,000) shall be stored at a storage facility, and items that reasonably appear to have a monetary value at the time of collection of one thousand dollars ($1000) or more shall be separately stored for safekeeping with the Porterville Police Department (“MBPD”).

4. The City will make reasonable efforts to provide a range of times the storage facility will be available for people to collect their personal property. The City may dispose of any personal property that remains unclaimed after sixty (60) days, or the duration (if shorter in time) allowed by applicable State or federal law, counting from the day of the removal as day one.

Section 18-80 VIOLATIONS
A citation for a violation of this Article shall be for an infraction. At the City's discretion, it may issue Administrative Citations under Chapter 2, Article 14 of this Code. Citations will be issued only when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation. Additionally, the City reserves the right to enforce this Article in accordance with Chapter 1, Sections 1-9 and 1-10 of this Code, to the extent consistent with this Article and Section.

Section 18-81 SUSPENSION OF ENFORCEMENT
The City Council, Manager, or designee, as otherwise specified is specifically authorized to modify or suspend enforcement of any section or part of this Article in the event of a declared emergency, pursuant to applicable State or Federal Law, City regulations, administrative rules or policies, weather conditions (including but not limited to extreme heat or cold), or for any other reason within the City Council or City Manager's authority, regardless of whether an emergency has been declared. In addition, Ordinance No. ______

the City Manager may suspend the enforcement of regulations contained in this Chapter when the City Manager, or designee, has determined a person does not have access to shelter and is engaged in case management or behavioral health services, or when necessary or appropriate to respond to a person’s disability, or as further set forth in any administrative policies implementing this Article adopted by the City Manager, or designee pursuant to Section 18-82.

Section 18-82 ADOPTION OF ADMINISTRATIVE RULES
The City Manager, or designee may adopt administrative rules or policies governing or guiding enforcement of this Chapter, consistent with the intent of this Chapter, including but not limited to ensuring consistent and appropriate enforcement for various circumstances. These administrative rules or policies should ensure that enforcement is tailored to various circumstances, including but not limited to situations where a person has a disability under the Americans with Disabilities Act, where minor children are present or otherwise involved, where a person has employment obligations that may relate to their ability to comply with this Chapter, or for other reasons that may support discretion in enforcement.

Section 18-83 METHODS OF ENFORCEMENT NOT EXCLUSIVE
Methods of enforcement for violations of this Chapter are not exclusive and may consist of multiple enforcement mechanisms where legally authorized and appropriate. However, the intent of the City is to always resolve violations at the lowest possible level, and to engage to seek compliance and solve problems while maintaining the dignity of all involved.

Section 18-84 OVERNIGHT CAMPING ON PRIVATE PROPERTY
It is unlawful to camp on private property without the property owner’s consent, or to camp on private property in such a manner in violation of applicable law or this Code or as to cause blight or a public nuisance, or to disturb the peace and quiet enjoyment of the adjacent property owners and neighbors.

For the purposes of this section, an unlawful encampment includes but is not limited to an area of private property , upon which any person has settled or located, or which they occupy, without having a bona fide claim or color of title thereto, or without the express consent of the owner or person legally in charge thereof or the agent of the same, and/or which is occupied or inhabited by such person in violation of section 103 of the California Building Code or Chapter 7 of this Code (Uniform Building Codes as adopted by the City). Camping inside a motor vehicle shall only be permitted if done in a manner otherwise consistent with this Section and if otherwise (and to the extent) permitted under this Code or applicable law.

Notwithstanding the other restrictions in this Section, camping shall not be permitted on private property where it is conducted in such a manner as to create inadequate sanitation, any trafficking in illegal drugs, or with such frequency, intensity or duration as to constitute a use of land prohibited under Chapter 21 of this Code (zoning regulations), nor where any fee, charge or other monetary consideration is collected for the privilege of Camping or for any services or the use of any facilities related thereto (unless such use/activity has been expressly permitted by the City).

Notwithstanding this Section or other applicable regulations in this Code, camping, lodging (or other activities) on private property in violation of any applicable State or Federal law is prohibited.

Ordinance No. ______

SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 4. POTENTIAL CONFLICTS. All ordinances, parts of ordinances, City resolutions or policies, and the like, in conflict with those sections amended or added herein to the Porterville Municipal Code, are hereby expressly superseded by this ordinance.

SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its passage and adoption.

SECTION 6. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

PASSED, APPROVED AND ADOPTED this _____ day of _______, 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, Interim City Clerk
By: _______________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
DraŌ version for Update ConsideraƟon June 2025
1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE REPEALINGAMENDING ARTICLE VII OF CHAPTER 18 (SECTIONS 18‐76 THROUGH 18‐83) OF THE CITY OF PORTERVILLE MUNICIPAL CODE AND REPLACING IT WITH CHAPTER 18, ARTICLE VII,  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 WHEREAS, the City of Porterville (“City”) encourages the use of open spaces and faciliƟes within the City by all members of the community; and
WHEREAS, all people have a right to be protected from environmental polluƟon and to live in and enjoy clean, healthful, and safe living condiƟons; and
WHEREAS, camping in undesignated campsites within the City limits creates unsanitary, unhealthy, disorderly, and dangerous condiƟons that may affect both the campers and the general public, for example when the camping has occurred in the Tule Riverbed or along the embankments, where there has been both severe flood and fire dangers to those camping and the public depending on the season; and
WHEREAS, camping in undesignated campsites within the City limits tends to degrade and even destroy the property upon which the camping is occurring, parƟcularly in situaƟons where an encampment is large and ongoing; and
WHEREAS, camping in undesignated campsites within the City limits not only detracts from the use of the property for its intended purposes but also can create dangerous condiƟons for the public; and WHEREAS, the City has the authority to adopt regulaƟons to ensure the public’s health, safety, and general welfare, and desires to regulate camping within the City; and WHEREAS, a federal Ninth Circuit Court of Appeals decision, MarƟn v. City of Boise, 920 F.3d 584 (9 th Cir. 2019) (“MarƟn”), prohibits criminal prosecuƟon for sleeping outside on public property when adequate shelter is not reasonably available for persons involuntarily experiencing homelessness, based upon an interpretaƟon of the Cruel and Unusual Punishments Clause of the U.S. ConsƟtuƟon’s Eight Amendment; and WHEREAS, the federal Ninth Circuit court suggested in its decision in MarƟn that the prohibiƟon on criminal prosecuƟon would not apply to individuals who have reasonable access to adequate temporary shelter; and
WHEREAS, the Ninth Circuit court in MarƟn suggested that even when adequate shelter is unavailable, an ordinance establishing reasonable Ɵme, place, and manner regulaƟons on siƫng, lying, or sleeping may be allowed under the U.S. ConsƟtuƟon when the regulaƟons are to address legiƟmate public health and safety concerns; and
WHEREAS, the federal Ninth Circuit court  the U.S. Supreme Court, in the case of Johnson v. City of Grants Pass, 72 F.4th 868 (9th Cir. 2023)603 U.S. 520 (2024) (“Grants Pass”) (to be heard and considered by the U.S. Supreme Court in April 2024), expanded upon its decision in MarƟn to prohibit civil enforcement for sleeping outside when adequate shelter is not reasonably available for persons DraŌ version for Update ConsideraƟon June 2025
2 involuntarily experiencing homelessness if civil enforcement can lead to criminal enforcement;  ruled that enforcement of generally applicable laws regulaƟng camping on public property does not consƟtute cruel and unusual punishment, and local governments can enforce ordinances banning sleeping or camping on public property; and
WHEREAS, there are available low barrier overnight shelters operaƟng within the City, that as of the date of the adopƟon of this Ordinance have had space available nightlyto serve individuals experiencing homelessness in the City; and
WHEREAS, the City has invested significant funds, resources, and Ɵme to assist persons experiencing homelessness to find temporary and permanent shelter and necessary public health services to address the causes of their homelessness, has sought to address the underlying issues contribuƟng to homelessness and has striven to be a part of the soluƟon. These City of Porterville acƟons and efforts have included:

1. City Council, City Manager and staff parƟcipaƟon on commiƩees and sub‐commiƩees with service groups, regional non‐profits, County Public Health Services, and other agencies to address causes of homelessness and work towards soluƟons.

2. The Police Department’s creaƟon, expansion, and conƟnued operaƟon of a SMART team to operate as a provide homeless liaison services to address needs of the unhoused within the City limits and encourage coordinaƟon or facilitate connecƟons with available resources.

3. The City’s development of low‐barrier shelters, a NavigaƟon Center, and permanent supporƟve housing to help support the needs of persons experiencing homelessness.

4. The City’s support and collaboraƟon with local service providers to assist individuals and families experiencing homelessness, with funding focused on emergency shelters, housing navigators, bridge housing and permanent supporƟve housing.

5. The City has transferred the City’s porƟon of the NaƟonal Opioid SeƩlement back to Tulare County to manage a regional effort to combat opioid‐related issues that directly impact our unhoused populaƟon.

WHEREAS, despite the City’s efforts the Police Department has found that a significant number of the City’s homeless populaƟon rouƟnely decline the City’s offers of help for various reasons including, and many people experiencing homelessness refuse to accept services and refuse to move from encampments; and
WHEREAS, the City has experienced significant and conƟnuing threats to public health and safety resulƟng from persons experiencing homelessness sleeping and camping in public spaces and unauthorized private locaƟons in the City, including the following:

1. Homeless encampments raise a number of public health concerns related to waste, sanitaƟon, and disease transmission. Unhoused people, like all other people, generate solid waste during their daily acƟviƟes of food preparaƟon and consumpƟon, shelter building and maintenance and storing their possessions. Without any place or method of proper storage or disposal, the resulƟng piles of trash become food sources for rodents, breeding grounds for pathogens, fuel for fires, and unaƩracƟve nuisances to the public.

DraŌ version for Update ConsideraƟon June 2025
3 2. The opportunity for the spread of communicable diseases is increased in homeless encampments lacking basic sanitaƟon services and waste collecƟon, with some diseases such as hepaƟƟs A and typhus more likely to occur in homeless populaƟons.

3. Health and safety issues are presented by the violaƟon of fire, building, electrical and other codes and standards for public health and safety, including the unauthorized and unpermiƩed use of electrical and uƟlity connecƟons, due to the potenƟal and reality of unsafe and unhealthy condiƟons in encampments, posing life, safety, fire and health threats to both the occupants of the encampments, the general public and emergency responders.

4. Health and safety issues are exacerbated and compounded by larger encampments as there is an exponenƟal increase in these health and safety issues the larger the encampment, including but not limited to both accumulaƟon of trash and debris as well as the greater likelihood of the spread of disease.

5. The City regularly receives a large volume of emails, phone calls and in‐person complaints regarding the encampments in the City, and the frequency and number of these complaints has beenconƟnues to  increaseing greatly, recently and in the last year.

6. The homelessness problem in Porterville impacts crime rates. Homelessness‐related crime rates are significant both in terms of crimes against the homeless and also crimes commiƩed by the homeless. The Porterville Police Department esƟmates a call volume of 17% of total calls for service are related to our unhoused populaƟon (with this percentage including complaints as well as arrests).

7. Business owners and residents near encampments are confronted by trash, used needles, and human waste, and increased instances of open drug use, property damage, theŌ, and break‐ins. They have seen their property values decline, their small businesses fail, and their public spaces become uninhabitable.

8. Businesses and residences near encampments experience physical impediments to access to public and private property which both impedes emergency responses, evacuaƟon of occupants during an emergency, and general public access, as well as exacerbates the likelihood of conflict, inƟmidaƟon and threats to the public safety for both the unhoused as well as all members of the public, and furthermore the collecƟon of biohazard materials, human waste, trash and rubbish near businesses and residenƟal areas contributes to a general decline in public health, safety and welfare.

9. Encampments near emergency shelters established for emergency evacuaƟons during events such as winter rainstorms can cause barriers to access for evacuees.

10. Encampments near acƟve construcƟon sites, trash enclosures, areas with heavy vehicle use, and similar areas pose unique threats to both the unhoused as well as the operators of construcƟon equipment and vehicles through unintenƟonal yet predictable collisions and threats to health and safety.

11. Encampments on or near public uƟliƟes and criƟcal infrastructure, such as stormwater, water and sewer infrastructure, fire staƟons, electrical wires and natural gas pipelines, pose unique safety, environmental and security issues and are generally closed to the public or have limited public access for safety, environmental and security reasons.

Commented [JL1]: Update with current data
DraŌ version for Update ConsideraƟon June 2025
4 12. Unauthorized connecƟons or taps to public uƟliƟes, as well as violaƟon of fire, building, electrical and other codes and standards, create unsafe condiƟons and a potenƟal life safety hazard for the occupant, the general public and emergency responders.

13. Encampments pose immense public health concerns as the rates of overdoses from drugs like fentanyl and heroin have increased substanƟally among the unhoused and encampments can provide an environment conducive to illegal drug consumpƟon.

14. Abandoned encampment cleanups are performed by City Police officers and Parks and Leisure services department staff with police equipment, fire and City code enforcement officers and staff in an aƩempt to maintain and or control the spread of large encampments and this taxes public resources while unnecessarily exposing first responders and City staff to unhealthy and unsafe situaƟons.

15. Fires in unsafe locaƟons for cooking and warming occur at encampments increasing the risk of fires posing a threat to safety and health, and the City has had to respond directly to major fires caused by such acƟviƟes over the years.

16. AccumulaƟon of biohazard and medical waste occurs in and around encampments and these items end up in our creeks, storm drains, waterways, and beaches posing a direct threat to health and safety.

17. Severe blockage of storm drains and also the Tule Riverbed, due to excessive encampment debris and/or degradaƟon of the river embankments leads to increased roadway and stream flooding and drain blockages during storms causing threats to health and safety.

18. During Ɵmes of severe storms, unhoused camps are located in and must be evacuated from riverbeds; sloughs; embankments; low lying, unsafe areas; and storm drains due to increased risk of flooding, rapid water movement, and blockage of storm drains, posing safety threats to the residents of the encampments; and
WHEREAS, in light of these significant and conƟnuing threats to public health and safety, the City previously seeks to adopted reasonable Ɵme, place and manner regulaƟons on unauthorized camping, and now desires to adopt amendments  in a manner consistent with the federal Ninth Circuit court’s decisions in MarƟn andU.S. Supreme Court decision in Grants Pass, and that address addiƟonal issues and consideraƟon; and
WHEREAS, the City finds that reasonable camping regulaƟons for public property will best serve the public’s health, safety, and general welfare.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. CHAPTER 18, ARTICLE VII REPEALED AND REPLACED IN ITS ENTIRETYAMENDED. . ArƟcle VII of Chapter 18 (SecƟons 18‐76 through 18‐83), enƟtled “SquaƩer CampsUnauthorized Camping RegulaƟons,” is hereby repealed in its enƟrety and is replacedamended with the followingas follows:

CHAPTER 18. ARTICLE VII – UNAUTHORIZED CAMPING REGULATIONS DraŌ version for Update ConsideraƟon June 2025
5 SecƟon 18‐76 FINDINGS AND PURPOSE
A. As the City conƟnues to offer assistance and services to persons experiencing homelessness, the City must appropriately consider various interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with its limited resources.

B. The City Council acknowledges that at the Ɵme of the adopƟon of this ordinance, although there has been available nightly shelter space within the City, there is a lack of nightly shelter beds and housing available regionally for persons experiencing homelessness and recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness.

C. The City Council acknowledges that it is currently unavoidable that some persons will live or shelter for survival outdoors unƟl they are able or willing to access affordable or free shelter or housing.

In Porterville, this has typically meant sheltering, someƟmes for extended periods of Ɵme, on City rights‐ of‐way and City property, on various private property without authorizaƟon, and at Ɵmes on other public agency property owned by other public agencies.

D. Public rights‐of‐way and public property are generally intended for public use and travel. The City Council is the authority for rights‐of‐way within the City; as such, the City must consider the safety of motorists and pedestrians travelling on roadways and sidewalks, including to and from neighboring properƟes, businesses, and residences.

E. The City owns limited property where camping can or should be allowed for reasons including but not limited to public health and safety concerns and issues created by the impact of camping on public property.

F. The City has had increasing concerns regarding public health and safety due to instances of camping on or in rights‐of way and public property in or near waterways, streets, roads, sidewalks, schools, residences, businesses, criƟcal infrastructure, public access points and similar locaƟons. Public uƟlity properƟes (e.g., stormwater, water, sewer) are environmentally and operaƟonally sensiƟve and generally closed to the public or have limited access for safety, environmental and security reasons.

G. Over the long term and working with other governmental agencies and non‐profit organizaƟons, the City’s belief is that people should not have to live outside and there are safer opƟons.

H. It is the purpose and intent of the City Council to provide standards for camping and sheltering for survival on City rights‐of‐way and public property, which are intended to be as compaƟble as possible with the needs of everyone in Porterville to be healthy, safe, and have access to public places.

I. Smaller camp sites support both the health and safety of people who are camping for survival on public property as well as the health and safety of the public.

J. It is the purpose and intent of the City Council to provide standards for camping and sheltering for survival on City rights‐of‐way and public property which will address issues such as fire risk, unsanitary condiƟons, health risks, public infrastructure security, public access impediments, trash, waste, damage to park features and plants, and public safety hazards to both people camping as well as neighboring businesses, residents and community members, as well as environmental degradaƟon, which have occurred with longer‐term camping in the City.

Commented [JL2]: Update given current circumstances
DraŌ version for Update ConsideraƟon June 2025
6 K. It is the intent of the City to evaluate each removal of an Established Campsite with consideraƟons of public health and safety, including for the people who are sheltering in the camps, potenƟal user conflicts, and available resources. The City intends to use a team approach and coordinate with other governmental agencies and non‐profit organizaƟons as appropriate. When the City requires a person experiencing homelessness to remove an Established Campsite, through these regulaƟons, it intends to provide the person adequate Ɵme to remove the Established Campsite before the City removes the Established Campsite, to secure any personal property with reasonable uƟlity or reasonable value for the person to retrieve at a later date, and to clean the former Established Campsite to address threats to public health and safety.

SecƟon 18‐77 DEFINITIONS
The following words and phrases, when used in this Chapter, shall have the meaning ascribed to them by this secƟon unless it is apparent from the context that another meaning is intended.

A. “Camp” or “Camping” means residing in or using any public property for one or more days or nights for sheltering or living accommodaƟon purposes, such as sleeping acƟviƟes or making preparaƟons to sleep (including the laying down of bedding for the purpose of sleeping), or using any tents, or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire using Bunsen burners or other heaƟng items, or regularly cooking meals. These acƟviƟes consƟtute camping when it reasonably appears, in light of all the circumstances, that a person is using public property as a living accommodaƟon or sheltering for one or more days or nights, with the intent to camp.

B. “Camp FaciliƟes” include, but are not limited to, tents, huts, or similar temporary shelters consisƟng of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while siƫng or lying down and includes the use of a tarp or other material Ɵed or affixed to a structure or bush to create an enclosed area.

C. “Camp Materials” includes but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, shopping carts, recyclable material and/or non‐City designated cooking or heaƟng faciliƟes and similar equipment, or personal possessions that would facilitate one’s use of a park, public property, or any porƟon of the public right‐of‐way as a temporary residence.

D. “CriƟcal Infrastructure” means real property or a facility, whether privately or publicly owned, that the City Council by Ordinance or with recommendaƟons from the City Manager by ResoluƟon designates, from Ɵme to Ɵme, as being so vital and integral to the operaƟon or funcƟoning of the City or in need of protecƟon that its damage, incapacity, disrupƟon, or destrucƟon would have a debilitaƟng impact on the public health, safety, or welfare. CriƟcal infrastructure may include, but is not limited to, government buildings, such as fire staƟons, police staƟons, jails, or courthouses; hospitals and health faciliƟes; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public uƟliƟes, electrical wires, natural gas pipes, telecommunicaƟon centers, or water sources.

DraŌ version for Update ConsideraƟon June 2025
7 E. “Enforcement Personnel” means the employee(s) of the City, including but not limited to sworn police officers, and code enforcement officers authorized by the City to seek compliance with, and enforce, the regulaƟons, requirements, and rules of this.

F. "Established Campsite" means a locaƟon or locaƟons in the public right‐of‐way or on City property where a Camp, Camps, and/or Camp Materials have been set up for twenty‐four (24) hours or more.

G. “Fire Severity Zones” means mapped area as defined by the Office of State Fire Marshal that designates zones (based on factors such as fuel, slope, and fire weather) with varying degrees of fire hazard (i.e., moderate, high, and very high).

H. “Greywater” means untreated wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines and the like. It does not include any toilet discharge, unhealthy bodily wastes, or manufacturing wastes.

I. “Hazardous Water” means sewage, toilet discharge, unhealthy bodily wastes, manufacturing wastes and the like.

J. “Landscaped Area” means any manicured or natural ground covered areas including but not limited to flower beds, bushes, brush areas, or shrubs.

K. “Personal Property” means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, backpacks, clothing, food, documents, and medicaƟon.

L. “Playground” means any park or recreaƟonal area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on City, county, or State park grounds.

M. “Public Property” means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights‐of‐way; freeway on‐ramps and off‐ramps; publicly owned, maintained, or operated parks and/or playgrounds; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public faciliƟes or buildings of any kind; public sidewalks, curbs, and guƩers; public educaƟonal insƟtuƟons; or other government owned, maintained, or operated properƟes located within the City.

N. “Public UƟliƟes” means every common carrier, toll bridge corporaƟon, pipeline corporaƟon, gas corporaƟon, electrical corporaƟon, telephone corporaƟon, telegraph corporaƟon, water corporaƟon, sewer system corporaƟon, and heat corporaƟon, where the service is performed for, or the commodity is delivered to, the public or any porƟon thereof, as defined by Public UƟliƟes Code secƟon 216, and as amended.

O. "Rights‐of‐Way" means all City‐owned or controlled rights‐of‐way, whether in fee Ɵtle or as holder of a public easement for right‐of‐way or public access purposes. Public rights of‐way include but are not limited to any public road, street, sidewalk, or private street or other property that is subject to a public access easement dedicated or granted to the City for vehicular use, pedestrian use, uƟliƟes or DraŌ version for Update ConsideraƟon June 2025
8 other means, and any planter strip or landscaped area located adjacent to or contained within streets that is part of the public right‐of‐way.

P. “School” means any insƟtuƟon, facility, or organizaƟon, whether public or private, that offers instrucƟon on those courses of study required by the California EducaƟon Code or that is maintained pursuant to standards set by the State Board of EducaƟon. School for purposes of this secƟon does not include vocaƟonal or professional insƟtuƟons of higher educaƟon, including a community or junior college, college, or university. The setback shall be calculated from the school property boundaries.

Q. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a locaƟon.

R. “TransportaƟon Facility Loading Area” means that area within 200 feet of where trains, buses or any form of public transportaƟon loads or unloads passengers.

S. “Vehicle” means a “motor vehicle” as defined by California Vehicle Code, secƟon 415 and includes a “recreaƟonal vehicle” as defined by California Health and Safety Code, secƟon 18010(a).

SecƟon 18‐78 RESTRICTIONS AND TIME, PLACE AND MANNER REGULATIONS It is unlawful and a public nuisance for any person to camp on Public Property when there is available space for the person(s) at a shelter locaƟon where the person(s) is eligible and is qualified to go. If there is no available shelter space, persons who do not have any other permanent residence or domicile and/or are involuntarily experiencing homelessness are permiƩed to prohibited from camping on certain public property as specified pursuant to this ArƟcle, provided the camping is occurring in compliance with the following Ɵme, place and manner regulaƟons and consistent with and as restricted pursuant to any administraƟve rules and policies promulgated by the City Manager, or designee, adopted aŌer the EffecƟve Date of this Ordinance, in accordance with this ArƟcle.  Notwithstanding the specific Ɵme, place and manner restricƟons set forth in this SecƟon or ArƟcle, AddiƟonally, camping, sheltering or lodging (or other acƟviƟes) in a public place in violaƟon of any applicable State or Federal law is prohibited.

A. Time. Unless otherwise specified, any Camping or Camp, where allowed, may only occur for 2412‐ hours at a Ɵme in any one locaƟon. AŌer 2412 hours in one locaƟon, the Camp and all associated Camp Materials must be moved at least one street block or 600 feet, whichever is greater, to another allowed locaƟon (where the acƟvity is not otherwise prohibited).

B. Place. Camping is not allowed at any Ɵme in any of the following places:

1. Within a residenƟally zoned property boundary or within any area zoned ResidenƟal, as determined by the City of Porterville Zoning Map and the Porterville Municipal Code.

2. Within any Mixed‐Use Overlay Zone, as determined by the City of Porterville Zoning Map and the Porterville Municipal Code.

3. Any place where Camping, a Camp, or Camp Materials create a physical impediment prevenƟng emergency or non‐emergency ingress, egress or access to public or private property, including but not limited to, on public sidewalks, alleyway or other public rights‐of‐way, driveways providing access to vehicles, and entrances or exits from buildings and/or other real property; and, within 15 feet of any fire hydrant.

Commented [JL3]: Consider shortening?
DraŌ version for Update ConsideraƟon June 2025
9 4. Any vehicle lane, bicycle lane, roundabout within any public right‐of‐way, or TransportaƟon Facility Loading Area, or under or on any bridges.

5. Within 1000 feet from any shelter both established for emergency evacuaƟons as well as approved under the Porterville Municipal Code and/or approved consistent with any applicable provision of State or federal law.

6. On any street or public rights‐of‐way, unless expressly authorized by the City.

7. Within, or within an addiƟonal distance boundary as set by ResoluƟon, any School.

8. Within, or within an addiƟonal distance boundary as set by ResoluƟon, any Playground.

9. At the following public property: Porterville City Hall, any City‐operated Community Center, Porterville Veterans Hall, Porterville Public Library, and Zalud House.

10. On, or within an addiƟonal distance boundary as set by ResoluƟon, riverbeds, river embankments, sloughs, waterways, levies, water wells, storm basins or any publicly owned water, sewer or storm drain infrastructure (e.g., sewer liŌ staƟons, storm water pump staƟons or structures).

11. Within, or within an addiƟonal distance boundary as set by ResoluƟon, CriƟcal Infrastructure.

12. Within, or within an addiƟonal distance boundary as set by ResoluƟon, either a very high Fire Severity Zone or a high Fire Severity Zone.

13.  In, or within an addiƟonal distance boundary as set by ResoluƟon, Refuse Service Containers (all bin and curbside service containers, in addiƟon to designated Refuse trash enclosures).

14.  On or within a certain specified distance of any other Public Property as may be designated from Ɵme to Ɵme by ResoluƟon of the City Council, with recommendaƟons from the City Manager, Police Chief and Fire Chief, or their designees.

C. Manner. Camping, when and where allowednot otherwise prohibited, is subject to all of the following limitaƟons and regulaƟons:

1. Individuals, Camp Materials, Camps, or personal property may not obstruct, block, prevent access to, or impede: sidewalk accessibility or passage; clear vision of moving vehicles or bicycles; usage of fire hydrants; usage or funcƟon of Public UƟliƟes, CriƟcal Infrastructure, or other City infrastructure; or, otherwise obstruct, block, prevent access to, or impede the use of the Rights‐of‐Way for vehicular, pedestrian, bicycle, or other passage.

2. A Camp or Camping shall be limited to a spaƟal footprint of no greater than 12 feet by 12 feet, or 144 square feet, and shall have a smaller footprint if necessary to comply with the restricƟons set forth in this Chapter. The intent of this secƟon is to allow a Commented [JL4]: Specifically call out?
DraŌ version for Update ConsideraƟon June 2025
10 person to sleep protected from the elements and maintain the essenƟals for living, while sƟll allowing others to use public spaces as designed and intended.

3. To prevent larger Camping sites from forming and the impacts to public health and safety that can result, a Camp shall not be within a one hundred fiŌy (150) foot radius of any other Camp, unless otherwise explicitly authorized by City regulaƟon, and only under such condiƟons adopted by the City and permiƩed by this Code.

4. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no reasonable uƟlity or reasonable value, as determined by the City, in public rights‐of‐way, on City property, or on any adjacent public or private property.

5. Open flames, recreaƟonal fires, burning of garbage, bonfires, or other fires, flames, or heaƟng deemed unsafe by the Porterville Fire Department, or the Porterville Police Department, are prohibited. Types of flameless cooking stoves and other flameless devices for keeping warm, as consistent with this subsecƟon, are permiƩed. AddiƟonally, any and all fires, to the extent allowed by this SecƟon, must comply with all State and local laws.

6. Dumping of Greywater or Hazardous Water into any faciliƟes or places not intended for Greywater or Hazardous Water disposal is prohibited. This includes but is not limited to City streets, public rights‐of‐way, public waterways, and storm drains, which are not intended for disposal of Greywater or Hazardous Water.

7. Unauthorized connecƟons or taps to Public UƟliƟes, including but not limited to such connecƟons or taps that cross over City property, roadways, rights‐of‐way, driveways, streets, sidewalks, fences, and private property are prohibited.

8. ViolaƟons of building codes, fire codes, and other relevant codes or standards for health and safety are prohibited.

9. ObstrucƟon of, or aƩachment of Camp Materials or personal property to, fire hydrants, uƟlity poles, Public UƟliƟes infrastructure, public infrastructure, fences, trees, vegetaƟon, vehicles, bridges/infrastructure, or buildings is prohibited.

10. Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as tents, and similar items used for shelter that are readily portable, are not structures for purposes of this secƟon.

11. Storage of personal property such as vehicle Ɵres, bicycles, or associated components (except as needed for an individual's personal use), gasoline, generators, lumber, household furniture, propane tanks, combusƟble material or gases, or other items or materials, is prohibited, other than what is related to camping, sleeping, or keeping warm and dry, and only to the extent that such items are used in a safe manner.

12. Digging, excavaƟon, terracing of soil, alteraƟon of ground, water or infrastructure, or damage to vegetaƟon or trees is prohibited.

DraŌ version for Update ConsideraƟon June 2025
11 13. All animals in the custody, ownership, or companionship of an individual, must be leashed or crated at all Ɵmes.

14. Camps shall consist of no more than two adult persons, their minor dependents, two animals (e.g., dogs) that are leashed or crated at all Ɵmes, and one tent.

SecƟon 18‐79 ENFORCEMENT
A. Voluntary Compliance. Before enforcement acƟons are taken in respect to this Chapter (with the excepƟon of enforcement of subsecƟon (B)(3) below), tThe enforcement personnel shall make a good faith effort to contact the person violaƟng this Chapter and provide a reasonable opportunity to cure or remedy the alleged violaƟon. Enforcement Personnel shall make a good faith effort to determine whether the person subject to enforcement has been referred to service providers and/or local non‐ profit assistance organizaƟons and make a referral if it appears none has been made. The following shall be communicated to the person in a manner designed to help them understand the alleged violaƟon:

1. A wriƩen or verbal descripƟon or idenƟficaƟon of the acƟvity consƟtuƟng the alleged violaƟon and idenƟficaƟon of the recipient as being the person responsible for the violaƟon;

2. A wriƩen or verbal statement that the enforcement personnel has determined the acƟvity to be a violaƟon;

3. A wriƩen or verbal statement of the acƟon required to fix the violaƟon and the Ɵme and/or date by which the violaƟon must be fixed; and

4. A wriƩen or verbal statement advising that if the violaƟon is not fixed within the Ɵme specified, enforcement acƟons may be imposed.

B. NoƟce of ViolaƟon

1. 7224 Hour NoƟce. Prior to implemenƟng any of the enforcement mechanisms provided for in this Chapter to remove an Established Campsite and/or Camp FaciliƟes because of violaƟons of this Chapter, the Enforcement Personnel shall provide occupants of an Established Campsite or Camp FaciliƟes, at least 7224 hours in advance of any acƟon to remove the Established Campsite or Camp FaciliƟes, noƟce both to remove the camp within 7224 hours consistent with the requirements of this Chapter as well as of the intent by the City to remove the Established Campsite or Camp FaciliƟes in no less than 7224 hours (the “noƟce”). The noƟce shall be in wriƟng and shall be posted on or near the Established Campsite or Camp FaciliƟes, so as to reasonably communicate the noƟce to persons living at the Established Campsite or Camp FaciliƟes but not present during the aƩempt to provide noƟce. In addiƟon, the Enforcement Personnel shall make a good faith effort to personally provide the wriƩen noƟce to the occupant(s) of the Established Campsite or Camp FaciliƟes present at the Ɵme the Enforcement Personnel posts the noƟce. Failure of the occupant(s) of the encampment to comply with the noƟce’s requirements to remove the camp within 7224 hours consistent with the requirements of this Chapter shall consƟtute a violaƟon of this Chapter. The noƟce shall contain the following informaƟon:
a. The locaƟon of the Established Campsite or Camp FaciliƟes; Formatted: Indent: Left: 0", First line: 0.5"
Commented [JL5]: Suggested changes to expedite
voluntary compliance and streamline the noƟcing
requirements.

Commented [JL6]: Time change for noƟce proposed for
potenƟal consideraƟon
DraŌ version for Update ConsideraƟon June 2025
12 b. The date and Ɵme noƟce was posted;
c. A statement that the Established Campsite or Camp FaciliƟes violates this Chapter; d. An advisement that the City will remove the Established Campsite or Camp FaciliƟes 7224 hours aŌer the date and Ɵme of the noƟce;
e. InformaƟon about any housing, shelter, or homeless services available for occupants of the Established Campsite or Camp FaciliƟes, the phone number and address to contact in order to obtain such housing, shelter, or homeless services, if available, and informaƟon about obtaining free transportaƟon, if available, to such housing, shelter, or homeless services;
f. An advisement that any personal property remaining at the Established Campsite or Camp FaciliƟes site when the Enforcement Personnel returns to remove the Camp FaciliƟes will be impounded for no fewer than 9060 days, or as provided for by applicable law, and will be discarded thereaŌer if not claimed; and g. The address, phone number, and operaƟng hours of the locaƟon where the personal property will be stored and may be retrieved, being a staging or storage area managed by the Porterville Fire Department – Code Enforcement Unit, or as otherwise designated by the City, and that the City will charge no fee for storage or retrieval.

2. Less Than 7224 Hour NoƟce. The noƟce detailed above may establish a shorter Ɵme for the removal of the encampment if the Enforcement Personnel have determined the condiƟons at the Established Campsite or Camp FaciliƟes requires removal of the Established Campsite or Camp FaciliƟes in less than 7224 hours to avoid a potenƟal emergency or threat to public health or safety, such as possible site contaminaƟon by hazardous materials or when there is reasonable potenƟal danger to human life or safety. Failure of the occupant(s) of the encampment to comply with the noƟce’s requirements to remove the camp consistent with the requirements of this Chapter shall consƟtute a violaƟon of this Chapter.

3. Illegal AcƟvity or ExcepƟonal Emergency. Enforcement personnel may remove an Established Campsite or Camp FaciliƟes without providing the noƟce described above in the following circumstances:
a. When there is probable cause for law enforcement officials to believe that illegal acƟvity, other than camping, is occurring at an Established Campsite or Camp FaciliƟes, or in the immediate vicinity of an Established Campsite or Camp FaciliƟes; or b. When there is probable cause for law enforcement officials to believe that the property that comprises an Established Campsite or Camp FaciliƟes is being used or is intended to be used to commit or facilitate the commission of otherwise illegal acƟvity; or
c. In the event of an excepƟonal emergency, such as significant evidence of site contaminaƟon by hazardous materials or when there is immediate danger to human life or safety.

Commented [JL7]: Proposed shortening of storage period
for consideraƟon (see below)
DraŌ version for Update ConsideraƟon June 2025
13 C. Removal of an Established Campsite or Camp FaciliƟes. If the occupant(s) fail to comply with the request for voluntary compliance set forth in subsecƟon A above, and aŌer the enforcement personnel comply with the requirements set forth in subsecƟon B above, any Camp, Camp Materials, or personal property in violaƟon of any of the standards in this Chapter may be removed or cleaned‐up by the City or its designated contractors, and the enforcement personnel may take appropriate acƟons to remove an Established Campsite or Camp FaciliƟes and enforce this Chapter, consistent with the following:

1. When removing Camp FaciliƟes, or individuals, Camp Materials, or personal property from an Established Campsite, enforcement personnel will make reasonable efforts to remove individuals without the use of force or citaƟon.

2. When removing personal property, the City shall make reasonable efforts to determine if the property belongs to an individual and has any reasonable uƟlity or reasonable value. “Personal belongings” include 1) items of apparent value of $50 or more; and/or 2) items of apparent personal value, including but not limited to: eyeglasses, operaƟonal wheelchairs, walkers, crutches, other medical equipment, habitable tents, personal papers (such as photographs, albums, ID’s , bank statements, and legal papers), backpacks, container, and operaƟonal bicycles, scooter, and strollers. The City shall make reasonable efforts to idenƟfy which Established Campsite the property was removed from, to aid in connecƟng people with their property. Items that are perishable, that have no reasonable use or value, that are not idenƟfiable as belonging to an individual, or that are in an unsanitary condiƟon due to saturaƟon or contaminaƟon from bodily fluids, whether human or animal, or other contaminaƟon, will be considered garbage, discarded, and need not be stored.

3. Weapons, drug paraphernalia, or other contraband, and items that appear to be either stolen or evidence of a crime, shall be provided to law enforcement officials.

4. Following removal of personal property from City property or rights‐of‐way, the City shall post a noƟce at or as near as possible to the locaƟon the property was collected and on the City's website, staƟng where the personal property is being stored, and lisƟng the phone number and hours a person claiming ownership can collect or make arrangements to collect their personal property.

5. AŌer an Established Campsite or Camp FaciliƟes has been removed, then at the recommendaƟon of the Police Chief or Fire Chief on the basis of public health and safety, the City Manager may order that no camp be set up in that same locaƟon or a 100‐foot radius for up to 30 days. The City shall post signs informing the public that camping is prohibited at the locaƟon for the specified period of Ɵme.

D. Removal and Storage of Personal Property or Camp Materials During Removal of an Established Campsite or Camp FaciliƟes. Personal property or Camp Materials may be removed from City rights‐of‐way, City property, or a Camp, during removal of an Established Campsite or Camp FaciliƟes pursuant to SecƟon C above, if in violaƟon of the provisions of this Chapter, as provided for herein.

1. Personal property removed from City rights‐of‐way or City property and unclaimed at the Ɵme of removal will be stored by the City for a minimum of ninetysixty (9060) days, or the duraƟon (if Commented [JL8]: PotenƟal clarificaƟon for beƩer
guidance on what should and should not be stored (pulled from State’s model ordinance)
DraŌ version for Update ConsideraƟon June 2025
14 shorter in Ɵme) allowed by applicable State or federal law, counƟng from the day of the removal as day one.

2. Items that are perishable, that have no reasonable use or value, that are not idenƟfiable as belonging to an individual, or that are in an unsanitary condiƟon due to saturaƟon or contaminaƟon from bodily fluids, whether human or animal, or other contaminaƟon, will be considered garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the City rights‐of‐way or on public property may be immediately discarded.

3. The City will store personal property at a storage facility at or near a designated City facility, where people can reasonably retrieve belongings. Notwithstanding any otherwise applicable City policy or procedure, all items collected and stored pursuant to this Chapter that reasonably appear to have a monetary value at the Ɵme of collecƟon of less than one thousand dollars ($1,000) shall be stored at a storage facility, and items that reasonably appear to have a monetary value at the Ɵme of collecƟon of one thousand dollars ($1000) or more shall be separately stored for safekeeping with the Porterville Police Department (“MBPD”).

4. The City will make reasonable efforts to provide a range of Ɵmes the storage facility will be available for people to collect their personal property. The City may dispose of any personal property that remains unclaimed aŌer ninetysixty (9060) days, or the duraƟon (if shorter in Ɵme) allowed by applicable State or federal law, counƟng from the day of the removal as day one.

SecƟon 18‐80 VIOLATIONS
A citaƟon for a violaƟon of this ArƟcle shall be for an infracƟon. At the City's discreƟon, it may issue AdministraƟve CitaƟons under Chapter 2, ArƟcle 14 of this Code. CitaƟons will be issued only when other means of achieving compliance have been unsuccessful or are not pracƟcable for the parƟcular situaƟon. AddiƟonally, the City reserves the right to enforce this ArƟcle in accordance with Chapter 1, SecƟons 1‐9 and 1‐10 of this Code, to the extent consistent with this ArƟcle and SecƟon.

SecƟon 18‐81 SUSPENSION OF ENFORCEMENT
The City Council, Manager, or designee, as otherwise specified is specifically authorized to modify or suspend enforcement of any secƟon or part of this ArƟcle in the event of a declared emergency, pursuant to applicable State or Federal Law, City regulaƟons, administraƟve rules or policies, weather condiƟons (including but not limited to extreme heat or cold), or for any other reason within the City Council or City Manager's authority, regardless of whether an emergency has been declared. In addiƟon, the City Manager may suspend the enforcement of regulaƟons contained in this Chapter when the City Manager, or designee, has determined a person does not have access to shelter and is engaged in case management or behavioral health services, or when necessary or appropriate to respond to a person’s disability, or as further set forth in any administraƟve policies implemenƟng this ArƟcle adopted by the City Manager, or designee pursuant to SecƟon 18‐82.

SecƟon 18‐82 ADOPTION OF ADMINISTRATIVE RULES
DraŌ version for Update ConsideraƟon June 2025
15 The City Manager, or designee may adopt administraƟve rules or policies governing or guiding enforcement of this Chapter, consistent with the intent of this Chapter, including but not limited to ensuring consistent and appropriate enforcement for various circumstances. These administraƟve rules or policies should ensure that enforcement is tailored to various circumstances, including but not limited to situaƟons where a person has a disability under the Americans with DisabiliƟes Act, where minor children are present or otherwise involved, where a person has employment obligaƟons that may relate to their ability to comply with this Chapter, or for other reasons that may support discreƟon in enforcement.

SecƟon 18‐83 METHODS OF ENFORCEMENT NOT EXCLUSIVE
Methods of enforcement for violaƟons of this Chapter are not exclusive and may consist of mulƟple enforcement mechanisms where legally authorized and appropriate. However, the intent of the City is to always resolve violaƟons at the lowest possible level, and to engage to seek compliance and solve problems while maintaining the dignity of all involved.

SecƟon 18‐84 OVERNIGHT CAMPING ON PRIVATE PROPERTY
It is unlawful to camp on private property without the property owner’s consent, or to camp on private property in such a manner in violaƟon of applicable law or this Code or as to cause blight or a public nuisance, or to disturb the peace and quiet enjoyment of the adjacent property owners and neighbors.

For the purposes of this secƟon, an unlawful encampment includes but is not limited to an area of private property , upon which any person has seƩled or located, or which they occupy, without having a bona fide claim or color of Ɵtle thereto, or without the express consent of the owner or person legally in charge thereof or the agent of the same, and/or which is occupied or inhabited by such person in violaƟon of secƟon 103 of the California Building Code or Chapter 7 of this Code (Uniform Building Codes as adopted by the City). Camping inside a motor vehicle shall only be permiƩed if done in a manner otherwise consistent with this SecƟon and if otherwise (and to the extent) permiƩed under this Code or applicable law.

Notwithstanding the other restricƟons in this SecƟon, camping shall not be permiƩed on private property where it is conducted in such a manner as to create inadequate sanitaƟon, any trafficking in illegal drugs, or with such frequency, intensity or duraƟon as to consƟtute a use of land prohibited under Chapter 21 of this Code (zoning regulaƟons), nor where any fee, charge or other monetary consideraƟon is collected for the privilege of Camping or for any services or the use of any faciliƟes related thereto (unless such use/acƟvity has been expressly permiƩed by the City).

Notwithstanding this SecƟon or other applicable regulaƟons in this Code, camping, lodging (or other acƟviƟes) on private property in violaƟon of any applicable State or Federal law is prohibited.

SECTION 3. SEVERABILITY. If any secƟon, subsecƟon, sentence, clause, phrase, or porƟon of this ordinance is, for any reason, held to be invalid or unconsƟtuƟonal by the decision of any court of competent jurisdicƟon, such decision shall not affect the validity of the remaining porƟons of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each secƟon, subsecƟon, sentence, clause, phrase, or porƟon thereof, irrespecƟve of the fact that any one or more secƟons, subsecƟons, sentences, clauses, phrases, or porƟons thereof may be declared invalid or unconsƟtuƟonal.

DraŌ version for Update ConsideraƟon June 2025
16 SECTION 4. POTENTIAL CONFLICTS. All ordinances, parts of ordinances, City resoluƟons or policies, and the like, in conflict with those secƟons amended or added herein to the Porterville Municipal Code, are hereby expressly superseded by this ordinance.

SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days aŌer its passage and adopƟon.

SECTION 6. CERTIFICATION. The City Clerk shall cerƟfy as to the passage and adopƟon of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

PASSED, APPROVED AND ADOPTED this _____ day of _______, 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, Interim City Clerk
By: _______________________
Fernando Gabriel‐Moraga,
AcƟng Chief Deputy City Clerk
Item No. 25.

CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Consideration of Updates to Unauthorized Camping Regulations and Policies, Including the Development and Implementation of a Reunification Program for Individuals Experiencing Homelessness
SOURCE: City Manager's Office
COMMENT: The City's "Ordinance 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" was implemented approximately one year ago. Since its implementation, a key U.S.

Supreme Court decision was issued, and the strategies and challenges to addressing the homelessness crisis continue to evolve.

The purpose of this item is to present for City Council consideration a draft ordinance updating the City’s unauthorized camping regulations and to initiate discussion on the development of a reunification program aimed at assisting individuals experiencing homelessness. The updated ordinance reflects legal and policy changes consistent with the U.S. Supreme Court’s decision in Johnson v. Grants Pass, recent state guidance, and feedback received from the City Council during prior discussions.

The draft ordinance amends Article VII of Chapter 18 of the Porterville Municipal Code to provide a clearer and more streamlined framework for regulating unsafe and unauthorized camping and the storage of personal property within the City. It seeks to balance the City’s obligation to protect public health, safety, and welfare with the legal rights and dignity of individuals experiencing homelessness. The ordinance clarifies restricted areas where camping is prohibited, including those near critical infrastructure, emergency shelters, schools, playgrounds, and other sensitive locations. It also outlines procedures for enforcement and the handling of personal property in a manner that aims to be both lawful and humane. These updates are necessary to address ongoing public safety, sanitation, and access issues while reinforcing the City's continued efforts to provide shelter and services to those in need. The updates also include 1) a proposed minimum 24-hour notice instead of a minimum 72-hour notice, prior to implementing any of the enforcement mechanisms, while maintaining the City's ability to provide even shorter notice in specific (or exigent) circumstances, and 2) a suggested Item No. 25.
shorter minimum period for storing certain personal property, adjusting the period from 90 to 60 days.

Also attached is the current Critical Infrastructure Resolution, describing the restricted public property (along with the associated limitations and buffer zones), for review by the City Council for consideration of any potential amendments. Additionally, for the City Council's information and reference, the Model Ordinance published by the Governor in May is attached for your information and reference purposes. This model takes a different approach by purporting to ban camping on all public property but providing for longer periods before allowing notice and/or removal of the campsites.

In addition to the ordinance revisions, this item introduces the concept of a reunification program. The proposed program would provide support for individuals experiencing homelessness who express a desire to reconnect with family or support networks in the geographical area where that support is located. By partnering with nonprofit organizations, the City could facilitate voluntary travel or relocation assistance, ensuring that participants are connected to the appropriate services. The concept is modeled on similar programs adopted by other jurisdictions and offers a potentially compassionate and cost-effective assistance strategy. Several Council Members, including the Mayor and Vice Mayor, have expressed interest in this approach.

There are several examples of reunification assistance programs in the State.

For example, in the City of San Diego, the city's "Family Unification Program" is operated by the Downtown Property & Business Improvement District (PBID), also known as Downtown San Diego Partnership. The organization operates a variety of programs addressing urban cleanliness, safety, and beautification, as well as care for unhoused individuals. The City of Oceanside provides a Reunification Program to help people reconnect with friends and family, with staff communicating with all parties to find available stable accommodations and assist with travel expenses if needed. In the City of Long Beach, a community-based donation pool was created in 1990 to meet gaps in homeless services delivery, including relocation assistance. The funds are distributed to a number of service providers for uses that include relocation support and transportation assistance, such as subsidized bus vouchers. The City of Santa Monica launched Project Homecoming in 2006, a family reunification initiative that provides individuals experiencing homelessness with financial assistance in reconnecting with family and friends outside the region who agree to provide housing support. It is reported that between 2006 and 2015, the program assisted over 1600 individuals in reconnecting with support networks, at an average cost of $214 per person. The City of San Jose launched a pilot program called "Homeward Bound" in 2025, in which the City will fund transportation costs for consenting unhoused residents and their loved ones willing to take them in. Attached is some information related to Item No. 25.
the programs in San Diego and San Jose.

This item serves as an opportunity for the Council to review the draft ordinance and current resolution, consider and provide input on their provisions, and provide direction on whether to pursue the reunification program. Depending on the feedback received, staff anticipates bringing back the ordinance for first reading at an upcoming meeting, along with a draft resolution to establish program parameters, if so directed.

RECOMMENDATION: That the City Council:

1. Review and provide direction on the draft ordinance
amending Article VII of Chapter 18 of the Porterville Municipal Code regarding unauthorized camping;

2. Consider the policy concept of a reunification program to assist individuals experiencing homelessness reconnect with support networks; and

3. Direct staff to prepare a draft resolution and program implementation plan for future Council consideration, if supported.

ATTACHMENTS: 1. Draft Ordinance

2. (State) Model Encampment Ordinance

3. Reunification Programs

4. Resolution No. 30-2024 & Critical Infrastructure Buffer Maps
Appropriated/Funded:

Review By:

Department Director:

Julia Lew, City Attorney
Final Approver: Richard Tree, Interim City Manager
Item No. 38.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Second Reading - Ordinance No. 1912, Designating Fire Hazard Severity Zones SOURCE: City Attorney
COMMENT: Ordinance No. 1912, an Ordinance of the City Council of the City of Porterville, designating fire hazard severity zones, was given first reading on June 17, 2025, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1912, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1912
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Richard Tree, Interim City Manager

ORDINANCE NO. 1912

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE TO DESIGNATE FIRE

HAZARD SEVERITY ZONES
WHEREAS, Government Code Sections 51178 and 51179, as amended by Senate Bill 63 (Stern, 2021) and Assembly Bill 211 (2022), require the State Fire Marshal to identify areas within Local Responsibility Areas as Moderate, High, and Very High Fire Hazard Severity Zones based on consistent statewide criteria and the expected severity of fire hazards; and WHEREAS, said Government Code Sections further require local agencies to designate Moderate, High, and Very High Fire Hazard Severity Zones in their jurisdiction by ordinance within 120 days of receiving recommendations from the State Fire Marshal; and WHEREAS, the State Fire Marshal has transmitted recommendations and a map identifying Fire Hazard Severity Zones within the City of Porterville; and WHEREAS, the City Council of the City of Porterville desires to designate Fire Hazard Severity Zones within its jurisdiction by adopting the map recommended by the State Fire Marshal, to ensure effective fire protection and public safety for the protection of life and property within the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE HEREBY ORDAINS as follows:

SECTION 1. Designation of Fire Hazard Severity Zones.

The City of Porterville hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.

The map, approved by the City of Porterville, is hereby incorporated by reference, and entitled “City of Porterville Fire Hazard Severity Zones.” Dated (May 20, 2025).

The official map is also located electronically on the following website:
https://www.ci.porterville.ca.us/departments/fire/new_page/lra_fire_severity_zones.php / / /
/ / /
/ / /
Ordinance No. 1912

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

ATTEST: Greg Meister, Mayor
Ricard Tree, Interim City Clerk
By: ___________________________
Fernando Gabriel-Moraga
Chief Deputy City Clerk
Item No. 39.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Bid Results - Phase 2 of Well No. 34 Project (Pumping Plant) SOURCE: Engineering and Project Management
COMMENT: On June 18, 2025, staff received one (1) bid for the Phase 2 of Well Number 34 Project (Pumping Plant). The well is located north of the Porter Slough to the west of the Windsor Court Subdivision. This well was drilled as a required part of the consolidation of the Central Mutual Company to meet water quality requirements and system demands. This is the second phase of the well project and consists of the installation of a 250 HP pump, electrical system, above-ground discharge piping, updated SCADA system, and other items of work necessary to provide a complete pumping plant.

The Engineer's estimate of probable cost for this project was $2,892,450. The low bid presented by HPS Mechanical Inc. of Bakersfield is $3,863,000, which is

33.55% higher than the Engineer's estimate. A separate contract for the purchase and installation of the 70-foot-tall monopole required for the updated SCADA system communication in the amount of $147,435.13 has been negotiated with the supplier. An additional $386,300 (10%) is necessary for construction contingencies and an additional $386,300 is required for construction management, quality control and inspection services for a total cost of $4,783,035.13.

While it has been the City Council's policy to reject bids when the bid exceeds ten percent (10%) of the Engineer's estimate, it is important to note that readvertising for the project is not likely to end with the City receiving new bids that are more favorable. Staff worked with the design consultant on the project to research the bid results to determine any factors that may have led to the higher than anticipated values. They determined that it was likely a combination of the current construction market, the specialty nature of the equipment, and the requirements of the funding source that all metals sourced for the project meet the "Buy-American" guidelines that led to the bid results.

Funding for the project is provided by reimbursement of the State Water Resources Control Board via a funding agreement that was approved by Council on June 1, 2021, in the amount of $3,131,369. Staff met with the State Item No. 39.

Water Resource Control Board to review the bid received and discuss the possibility of additional funding for the project and will bring an updated funding agreement to City Council for approval at a future meeting. Funding in the amount of $1,651,666.13 is available in Water Replacement Funds (WRF) to fully fund the project while the details of the updated funding agreement are being finalized (WRF will be refunded any expended amount for the project once reimbursed by the State.

RECOMMENDATION: That the City Council:

1. Reject all bids, and direct the Engineering and Project Management Director to re-advertise the project;
OR

2. Award the Phase 2 of Well No. 34 Project (Pumping Station) to HSP Mechanical, Inc in the amount of $3,863,000 with notice of award being issued upon receipt of notice to proceed from the State Water Resources Control Board ;

3. Authorize an additional $147,435.13 for the purchase and installation of the 70-foot-tall monopole required for the updated SCADA system communication;

4. Authorize progress payments up to ninety-five percent (95%) of the contract amount;

5. Authorize a ten percent (10%) contingency to cover
unforeseen costs;

6. Authorize an additional ten percent (10%) for construction management, construction surveying, quality control and inspection services; and

7. Authorize an appropriation of $1,651,666.13 in Water Replacement Funds to fully fund the project (will be reimbursed when the updated funding agreement is finalized).

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Richard Tree, Interim City Manager
SECTION 33, T21S, R27E, M.D.B.&M
PROJECT NO. _____________ CITY WELL NO. 34 EQUIPPING OF A MUNICIPAL WATER WELL CITY OF PORTERVILLE TULARE COUNTY, CA JANUARY 5, 2024 VICINITY MAP NOT TO SCALE HENDERSON AVE.

WESTWOOD ST. PROPOSED PIPELINE FRIANT-KERN CANAL
REDONDO ST.

PORTER SLOUGH COUNTY STORM DRAIN RETENTION BASIN WESTFIELD AVE. PROJECT SITE Item No. 40.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Consideration of Attendance at the 2025 League of California Cities Annual Conference and Expo
SOURCE: City Manager's Office
COMMENT: The League of California Cities Annual Conference and Expo provides educational sessions, legislative updates, and networking opportunities for city officials across California. The 2025 conference is scheduled to take place in Long Beach from October 8 to October 10. Early registration is $725 per attendee, with a $50 savings if registered by July 24. Additional estimated costs include $900 for lodging and $600 for travel and per diem, bringing the total estimated cost to approximately $2,225 per attendee.

Last year, only the Mayor and all Department Directors attended the conference. Staff is seeking direction from the City Council on whether they wish to attend the 2025 conference and, if so, which staff members should be authorized to attend as well.

RECOMMENDATION: That the City Council:

1. Consider attendance at the 2025 League of California Cities Annual Conference and Expo, to be held October 8–10, 2025, at the Long Beach Convention Center; and

2. Identify which Council Members and staff, if any, should be authorized to attend.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Interim City Manager
Item No. 40.

Final Approver: Richard Tree, Interim City Manager
Item No. 41.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Consideration of an Ordinance Amending Article 611 of Chapter 21 ("Development Code") of the Porterville Municipal Code and Adoption of Resolution Related to Environmental Review Procedures and Preparation of Documents by Consultants SOURCE: Community Development
COMMENT: At the June 17, 2025, City Council Meeting, the City Council considered the City's current policy, codified under Section 611.04 of Series 600, Chapter 21 of the Porterville Municipal Code related to the preparation of environmental review documents by consultants. While the City, as lead agency is ultimately responsible for ensuring the content and adequacy of CEQA documents it certifies, the California CEQA guidelines offers alternatives with regard to who prepares the draft reports. The guidelines in Section 15084 specifically allow options such as the city preparing the documents itself, preparation via a contract between the city and a qualified third party contractor, preparation via a contract with the project applicant and independent contractor, or accepting a draft prepared by the applicant or by a consultant retained by the applicant.

Under Section 611.04 of the Municipal Code, the City currently requires that the city prepare environmental documents or technical studies itself, or in alternative requires that the city contract with a qualified consultant. During its consideration, the City Council determined that it wished to consider changes to Section 611.04 that would allow private applicants to contract directly with qualified consultants. Specifically, the City Council wished to consider changes that would allow the applicants to select qualified consultants from the City's list of consultants or alternatively select a consultant who was not on the city's on-call list but was otherwise qualified.

Additionally, the City Council expressed its desire to streamline and simplify the ordinance, by removing language from Section 611.04 and approving the additional flexibilities via policy adopted by Resolution.

Consequently, attached for the City Council's review and consideration is a draft Ordinance that repeals Porterville Municipal Code Section 611.04 ("Preparation of Environmental Documents by Consultants"), and amends Porterville Municipal Code Section 611.02. The amendments to Section 611.02 add subsection (I), which sets forth the city's environmental cost recovery Item No. 41.
provision, the City's ability to contract with and maintain a list of qualified consultants for use on public and private projects (all previously set forth in 611.04), and a statement that further policies concerning preparation of environmental review documents and procedures for selection of consultants shall be set by policy adopted by City Council Resolution. Should the City Council wish to move forward with these Amendments, it can authorize the scheduling of a public hearing to consider a first reading of the Ordinance at the regular meeting on August 5, 2025 (or a future meeting thereafter).

Also attached is a draft Resolution and Policy concerning the Environmental Review Process and the selection of consultants 1) when contracted directly by the City, and 2) when contracted directly by the project applicant. To meet the equivalent "qualified" consultant criteria when contracted by the applicant, the draft policy references the criteria set forth in the city's current Request for Qualifications for On-Call Environmental Services. The policy also requires that regardless of how the consultant is contracted, that the City and project applicants must follow all applicable laws including CEQA, the Political Reform Act and Government Code 1090, and the California Public Records Act. The Councill can consider and approve either as is or with additional changes as directed.

RECOMMENDATION: That the City Council:

1. Consider approval of draft Ordinance Amending Article 611 and authorize the scheduling of a public hearing and First Reading on August 5, 2025; and

2. Consider approval of a draft Resolution of the City Council of the City of Porterville Approving City Environmental Review Policy
ATTACHMENTS: 1. Proposed Changes to Article 611 of Chapter 21

2. Draft Ordinance Amending Article 611 of Ch. 21

3. Draft Resolution Approving Environmental Review Policy

4. Draft Environmental Review Policy (Exhibit A to Draft Resolution)
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Richard Tree, Interim City Manager
Item No. 41.

ARTICLE 611. ENVIRONMENTAL REVIEW
611.02: PROCEDURES:

A. Filing Of Forms: Concurrent with the submittal of project applications, the applicant shall prepare and file an environmental information form and project plans with the community development department.

B. Preliminary Review: Within thirty (30) days after receiving an application, the zoning administrator shall conduct a preliminary environmental review. As part of this review, the zoning administrator will identify issues to help decide if the applicant proposes a project that is subject to environmental review and may require the applicant to submit additional information needed to support this determination.

C. Preparation And Processing Environmental Documents: A determination of the appropriate level of environmental review by the zoning administrator shall trigger the preparation of an environmental document in compliance with the most current regulations and guidelines of the environmental quality act, whether it be exempt from CEQA, require negative declaration, mitigated negative declaration or an environmental impact report (EIR). Further, in concert with the requirements of an applicable federal agency(ies), the zoning administrator will cause to have prepared the appropriate NEPA environmental documentation.

D. Review For Exemption:

1. Determinations of exemption shall be made within thirty (30) days of the date the application is deemed complete.

2. If the zoning administrator has determined that a project is exempt from environmental review under CEQA, such determination shall be announced in any required public notice for discretionary permits. The notice shall include a citation to the CEQA guidelines or CEQA section under which it is found to be exempt.

3. Following approval of a project that is exempt from CEQA review, a notice of exemption shall be filed with the county clerk as provided for in CEQA and the applicable state and city guidelines.

4. A determination of exemption by any decision making authority other than the city council may be appealed to the city council in the same manner provided in article 612, "Appeals", of this series.

E. Initial Study: If the proposed project is subject to CEQA and is not exempt from environmental review, an initial study shall be prepared in compliance with CEQA and local CEQA guidelines.

F. Determination Of Environmental Significance: Based on the initial study, the zoning administrator will make one of the following findings:

1. The project will have "no significant impacts" on the environment, and a negative declaration will be prepared;

2. The project has been modified or mitigation measures have been incorporated to mitigate potential environmental impacts to a level of insignificance and a mitigated negative declaration will be prepared; or

3. The proposed project will have, or may have, significant impact(s) that may not be mitigated, and an EIR will be required.

G. Environmental Determination: If the zoning administrator has determined that the proposed project will not have a significant effect on the environment, a negative declaration shall be prepared for public review in conformance with the requirements of CEQA and applicable state and city environmental review guidelines.

H. Public Notice Of Environmental Determination: The zoning administrator shall provide public notice of the proposed environmental determination in a newspaper of general circulation, at city hall, and with the county clerk. (Ord. 1801, 12-3-2013) I. The project applicant shall be responsible for the full cost of the environmental review process. If the city planning division is unable to prepare an environmental document or technical study for a public or private project, a qualified consultant shall be contracted for preparation of the appropriate environmental documents including technical studies. The city has undertaken the negotiation of and maintains an on call environmental consultant for use on city projects with defined funding sources, and for use by private development proponents in the event they desire to streamline the process. For preparation of environmental review documents, including preparation by consultants, further selection procedures including qualifications and other criteria shall be set forth in policy(ies) adopted by Resolution. [Added.]
611.04: PREPARATION OF ENVIRONMENTAL DOCUMENTS BY CONSULTANTS: [Repealed.] If the city planning division is unable to prepare an environmental document or technical study for a public or private project, the city shall contract with a qualified consultant for preparation of the appropriate environmental documents including technical studies. The city has undertaken the negotiation of and maintains an on call environmental consultant for use on city projects with defined funding sources, and for use by private development proponents in the event they desire to streamline the process. In such cases, the city and consultant shall prepare an agreement for preparation of and to specify the details of the necessary environmental studies and documents.

The applicant is responsible for the full cost of the services. The full negotiated cost of service plus ten percent (10%) for contingencies shall be placed on deposit with the city prior to authorizing work to begin on the environmental documents. The zoning administrator shall be the authority to require payment to the city of a ten percent (10%) administrative fee in cases where the cost of administering the contract is likely to exceed the adopted fee for environmental reviews. The zoning administrator shall have the authority to facilitate the consultant selection process, to select the consultant, and to negotiate fees for services. The process for selecting an environmental consultant shall be as follows:

A. Staff will prepare a request for proposals (RFP) soliciting project specific proposals from qualified consultants as represented in a consultant services file and as posted by the purchasing agent;
B. Staff will evaluate the proposals relative to responsiveness and pursuant to the consultant selection criteria currently used in the city; C. Staff may elect to interview the consultant to determine additional qualifications and ability to represent the city's interest in a public forum; D. Staff will prepare a consultant services agreement and the zoning administrator will sign following submittal of the necessary funds and contingencies by the project proponent; and
E. Staff will send the deposit to the finance department and request the establishment of a pass through account and will set up a purchase order for monthly invoice payments. (Ord. 1801, 12-3-2013)

ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING ARTICLE 611 OF CHAPTER 21 (“DEVELOPMENT CODE”), SERIES 600 CONCERNING ENVIRONMENTAL REVIEW

PROCEDURES AND PREPARATION OF ENVIRONMENTAL DOCUMENTS BY CONSULTANTS WHEREAS, the City of Porterville (“City”) desires to provide additional flexibilities and options to development applicants in its procedures implementing the California Environmental Quality Act, in order to streamline and provide efficiencies in the environmental review process;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. SECTION 611.02 OF CHAPTER 21, SERIES 600, ARTICLE 611 AMENDED. Section 611.02 (entitled “Procedures”) of Article 611, Series 600, Chapter 21, is hereby amended as follows:
611.02 PROCEDURES:

A. Filing Of Forms: Concurrent with the submittal of project applications, the applicant shall prepare and file an environmental information form and project plans with the community development department.

B. Preliminary Review: Within thirty (30) days after receiving an application, the zoning administrator shall conduct a preliminary environmental review. As part of this review, the zoning administrator will identify issues to help decide if the applicant proposes a project that is subject to environmental review and may require the applicant to submit additional information needed to support this determination.

C. Preparation And Processing Environmental Documents: A determination of the appropriate level of environmental review by the zoning administrator shall trigger the preparation of an environmental document in compliance with the most current regulations and guidelines of the environmental quality act, whether it be exempt from CEQA, require negative declaration, mitigated negative declaration or an environmental impact report (EIR). Further, in concert with the requirements of an applicable federal agency(ies), the zoning administrator will cause to have prepared the appropriate NEPA environmental documentation.

D. Review For Exemption:

1. Determinations of exemption shall be made within thirty (30) days of the date the application is deemed complete.

2. If the zoning administrator has determined that a project is exempt from environmental review under CEQA, such determination shall be announced in any required public notice for discretionary permits. The notice shall include a citation to the CEQA guidelines or CEQA section under which it is found to be exempt.

Ordinance No. _______

3. Following approval of a project that is exempt from CEQA review, a notice of exemption shall be filed with the county clerk as provided for in CEQA and the applicable state and city guidelines.

4. A determination of exemption by any decision making authority other than the city council may be appealed to the city council in the same manner provided in article 612, "Appeals", of this series.

E. Initial Study: If the proposed project is subject to CEQA and is not exempt from environmental review, an initial study shall be prepared in compliance with CEQA and local CEQA guidelines.

F. Determination Of Environmental Significance: Based on the initial study, the zoning administrator will make one of the following findings:

1. The project will have "no significant impacts" on the environment, and a negative declaration will be prepared;

2. The project has been modified or mitigation measures have been incorporated to mitigate potential environmental impacts to a level of insignificance and a mitigated negative declaration will be prepared; or

3. The proposed project will have, or may have, significant impact(s) that may not be mitigated, and an EIR will be required.

G. Environmental Determination: If the zoning administrator has determined that the proposed project will not have a significant effect on the environment, a negative declaration shall be prepared for public review in conformance with the requirements of CEQA and applicable state and city environmental review guidelines.

H. Public Notice Of Environmental Determination: The zoning administrator shall provide public notice of the proposed environmental determination in a newspaper of general circulation, at city hall, and with the county clerk.

I. The project applicant shall be responsible for the full cost of the environmental review process. If the city planning division is unable to prepare an environmental document or technical study for a public or private project, a qualified consultant shall be contracted for preparation of the appropriate environmental documents including technical studies. The city has undertaken the negotiation of and maintains an on call environmental consultant for use on city projects with defined funding sources, and for use by private development proponents in the event they desire to streamline the process. For preparation of environmental review documents, including preparation by consultants, further selection procedures including qualifications and other criteria shall be set forth in policy(ies) adopted by Resolution.

SECTION 3. SECTION 611.04 OF CHAPTER 21, SERIES 600, ARTICLE 600 REPEALED. Section 611.04 (entitled “Preparation of Environmental Documents by Consultants”) of Article 611, Series 600, Chapter 21, is hereby REPEALED in its entirety.

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of Ordinance No. _______

competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 5. POTENTIAL CONFLICTS. All ordinances, parts of ordinances, City resolutions or policies, and the like, in conflict with those sections amended or added herein to the Porterville Municipal Code, are hereby expressly superseded by this ordinance.

SECTION 6. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage and adoption. 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.

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.

SECTION 8. 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].

SECTION 9. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

PASSED, APPROVED AND ADOPTED this _______day of ________________, 2025. ___________________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, Interim City Clerk
By: _________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
RESOLUTION NO. -2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE APPROVING CITY

ENVIRONMENTAL REVIEW POLICY
WHEREAS, the City of Porterville Municipal Code, Chapter 21 (“Development Code”), Series 600, Article 611 addresses the City Environmental Review requirements, in conformity with the California Environmental Quality Act (“CEQA”); WHEREAS, the City Council of the City of Porterville is simplifying Article 611 by removing certain provisions in the procedures that can be addressed by adoption of policies via Resolution by the City Council, thereby streamlining the process for current and future revisions to these policies; and
WHEREAS, the City Council of the City of Porterville desires via policy to provide additional flexibilities and options to development applicants in its procedures implementing CEQA, in order to streamline and provide efficiencies while protecting the integrity of the environmental review process;
NOW, THEREFORE, BE IT RESOLVED:

1. The City Council hereby approves the City of Porterville Policy “Environmental Review” attached hereto as Attachment A.

2. The policy shall become effective immediately upon adoption of this Resolution.

3. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the official records of the City of Porterville.

PASSED, APPROVED AND ADOPTED this _____th day of July 2025. _____________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, Interim City Clerk
By:

Fernando Gabriel-Moraga,
Chief Deputy City Clerk

ATTACHMENT A
[POLICY]
1 CITY OF PORTERVILLE POLICY

ENVIRONMENTAL REVIEW
I. General Considerations
The applicant shall be responsible for the full cost of the environmental review process, whether review is conducted wholly or partially by the city, via consultant(s) hired by the city, or via consultant(s) hired by the project applicant. The City may adopt a fee schedule, and/or require payment of costs on a project-specific basis.

If the city planning division is unable to prepare an environmental document or technical study for a public or private project, a qualified consultant shall be contracted for preparation of the appropriate environmental documents including technical studies. The city has undertaken the negotiation of and maintains an on call environmental consultant for use on city projects with defined funding sources, and for use by private development proponents in the event they desire to streamline the process.

Regardless of the specific manner in which the environmental documents are prepared, the City as the lead agency is responsible for ensuring the content and adequacy of any CEQA document it adopts or certifies, and shall maintain its authority to do so in its sole discretion.

The city and the project applicants must follow all applicable laws, including but not limited to the California Environmental Quality Act (CEQA), the California Political Reform Act and Government Code Section 1090 et al. concerning conflicts of interest, and the California Public Records Act.

II. Consultant Contracted directly by the City
The full negotiated cost to the city plus ten percent (10%) for contingencies shall be placed on deposit with the city prior to authorizing work to begin on the environmental documents.

The zoning administrator shall be the authority to require payment to the city of a ten percent (10%) administrative fee in cases where the cost of administering the contract is likely to exceed the adopted fee for environmental reviews. The zoning administrator shall have the authority to facilitate the consultant selection process, to select the consultant, and to negotiate fees for services. The City’s process for selecting an environmental consultant shall be as follows:

A. Staff will prepare a request for proposals (RFP) soliciting project specific proposals from qualified consultants as represented in a consultant services file and as posted by the purchasing agent;
B. Staff will evaluate the proposals relative to responsiveness and pursuant to the consultant selection criteria currently used in the city;
2 C. Staff may elect to interview the consultant to determine additional qualifications and ability to represent the city's interest in a public forum; D. Staff will prepare a consultant services agreement, and the zoning administrator will sign following submittal of the necessary funds and contingencies by the project proponent; and E. Staff will send the deposit to the finance department and request the establishment of a pass through account and will set up a purchase order for monthly invoice payments.

III. Consultant Contracted directly by the Applicant
Alternatively, the project applicant may contract with a qualified consultant selected from the City’s list of qualified consultants, or may select a consultant with equivalent qualifications, subject to City approval.

A. Required qualifications include demonstrated

1. environmental review experience with similar projects;

2. ability to compile the background data necessary for the preparation of the environmental documents;

3. ability to prepare study checklists, technical studies, environmental assessments, categorical exemptions and exclusions, negative declarations, and environmental impact reports and statements;

4. ability to identify key factors that need to be evaluated, which may require a specialist for a particular area of analysis;

5. ability to prepare appropriate forms associated with the review process such as public hearing notices, notices of determination, notices of completion, etc.

B. Additional desirable qualifications include

1. Knowledge of City of Porterville development and environmental review processes;

2. Strong writing skills and standard and specialized software proficiency;

3. (When applicable) being equipped with qualified biologists available for construction monitoring for project specific mitigation measures;

4. (When applicable) being able to provide archaeological services either in house or through a subconsultant listed on the Southern San Joaquin Valley Information list of qualified consultants.

C. Contractor shall remain responsible for all City costs for environmental review of the project, including but not limited to the costs to review and comment on reports and assessments, and any required revisions thereof.

Item No. 42.

CITY COUNCIL AGENDA – JULY 15, 2025
SUBJECT: Consideration of a Commemorative Grant Program in Recognition of the City’s 100th Anniversary as a Charter City and the 250th Anniversary of the Signing of the Declaration of Independence
SOURCE: City Manager's Office
COMMENT: At its meeting on June 17, 2025, the City Council approved Vice Mayor McKervey’s request to place an item on the agenda to consider a Commemorative Grant Program. This proposed program is intended to support both locally owned small businesses and non-profit organizations while promoting civic pride during two historic milestones: the City of Porterville’s 100th Anniversary as a Charter City and the 250th Anniversary of the signing of the Declaration of Independence.

Modeled after the City’s existing Community Benefit Grant Programs, the commemorative program would offer targeted funding for projects that enhance the city’s appearance, highlight local heritage, and celebrate our shared national and civic history. Eligible projects may include patriotic murals, commemorative signage, storefront improvements, historical exhibits, public art, beautification efforts, or other enhancements consistent with the themes of local and national pride.

A total of $50,000 is proposed for allocation from the City Council’s FY 2025- 2026 Special Purpose Fund. Staff anticipates offering grants of up to $5,000 per applicant, subject to available funding and Council direction. Staff is seeking authorization to develop program guidelines and application materials for both small businesses and non-profits, modeled after the Community Benefit Small Business Grant Program and Non-Profit Grant Program previously approved by the City Council in March 2025.

Once applications have been received, staff will conduct an initial review to determine compliance with program requirements. All qualified applications will then be brought before the City Council for final approval, including the proposed award amount for each eligible project.

RECOMMENDATION: That the City Council:

Item No. 42.

1. Approve the establishment of a Commemorative Grant
Program for small businesses and non-profit organizations in recognition of the City of Porterville’s 100th Anniversary as a Charter City and the 250th Anniversary of the signing of the Declaration of Independence;

2. Authorize the allocation of $50,000 from the FY 2025-2026 City Council’s Special Purpose Fund to support the program;

3. Authorize staff to develop program guidelines and application materials modeled after the Community Benefit Small Business and Non-Profit Grant Programs; and

4. Provide direction on program specifics such as the maximum award amount per applicant and eligible project types.

ATTACHMENTS: 1. Draft Community Benefit Non-Profit Grant Application

2. Draft Community Benefit Small Business Grant Application Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager

CITY OF PORTERVILLE
Cannabis Community Benefit Non-Profit Grant Program
Grant APPLICATION
Community Development Department • 291 N. Main St. • Porterville, CA 93257 (559) 782-7460 • Office Hours: Mon. – Fri. 8 a.m. – 5 p.m. www.ChoosePorterville.com • [email protected]

Community Benefit Non-Profit Grant Program
Introduction
Community Benefit Program was established with the adoption of Resolution (Insert Resolution number) funded through commercial cannabis dispensary development agreements. Community Benefit Program includes funding for items such as senior citizen programs, City beautification efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic development, infrastructure, capital improvements (including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community), support of holiday and special community events, support of local public service, public safety, and special social and community organizations.

Non-Profit Grant Program Overview
The Community Benefit Non-Profit Grant Program was established as a component of the Community Benefit Program to provide grant funding for special social and community non-profit organizations within the City of Porterville. Funding is available through the Cannabis Community Benefit Fund. Funds can be used in support of non-profit organizations within the City of Porterville to provide a benefit to the community. Grants are available up to $5,000, depending on need and availability.

Eligible Applicants
Eligible applicants include on-going non-profit organizations that are located in and operate in the City of Porterville that are in good standing. The project or activities to be funded by the Program must be located within the incorporated area of the City of Porterville and provide a benefit to the community of Porterville.

Eligible Activities & Costs
• Working Capital (Capital for day-to-day operations of the firm, acquisition of assets, or payment of obligations) • Purchase of Equipment
• Special Events (expenses directly associated with planning and executing of special event i.e. permits, rental of equipment, supplies, materials, marketing, staff time)
• Real Property Improvements (construction triggers prevailing wage).

Application Process

1. Submit Completed Application: Completed Applications for the Community Benefit Non-Profit Grant Program may be submitted to [email protected] or submitted to Porterville City Hall, 291 N. Main Street, Porterville, CA.

Applications and supporting documentation will accepted annually from August 1st through October 31st. One application per eligible applicant may be submitted.

2. Application Review: Applications will be reviewed for completeness and eligibility.

3. Approval: Porterville City Council will consider the applications for approval after the close of the application period. A lottery will be performed if eligible applications exceed the funding amount available.

4. Grant Agreement & Award of Funding: Applicants receiving City Council approval funding will be required to sign a grant agreement and any additional documentation required prior to release of funds.

City of Porterville Community Benefit Non-Profit Grant Program Application Page 2 of 3

5. Required Documentation: Applicants are required to provide documentation of the use of funds within ninety (90) days after grant award. Documentation includes invoices or receipts for materials and supplies, final bills of sale, and/or canceled checks. All documentation will be reviewed by staff.

Equal Opportunity Compliance
The Community Benefit Non-Profit Grant Program (also referred to in this application form as “The Program”) will be implemented in ways consistent with the City’s commitment to State and Federal equal opportunity laws. No person or business shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Benefit Non-Profit Grant Program funds on the basis of his or her religion, religious affiliation, age, race, color, creed, ancestry, national origin, sex, marital status, familial status, physical or mental disability, medical condition, genetic information, sexual orientation, gender, gender identity, gender expression or other arbitrary cause.

Checklist of Required Documents/Information
DOCUMENTATION TO PROVIDE WITH APPLICATION: (Must be turned in with application in order to be considered a COMPLETE application)
☐ City of Porterville Business License, and other permits required for business operation. ☐ Detailed description of the proposed project or use of funds, including cost summary. ☐ Copy of valid IRS tax exemption certificate demonstrating non-profit status ☐ Copy of Non-profit documentation demonstrating good standing non-profit status with State of California Department of Justice
Applicant Information
Applicant Name(s): Click or tap here to enter text.

Entity Name: Click or tap here to enter text.

Project or Program Name (if applicable) : Click or tap here to enter text.

Project Address (if applicable) : Click or tap here to enter text.

Tax ID#:Click or tap here to enter text.

Non-Profit Business Address: Click or tap here to enter text.

Years in Operation: Click or tap here to enter text.

Daytime Phone #: ( ) Evening Phone #: ( )
Please provide a description of non-profit organization: (Please attach separate sheet of paper to include additional information)
Click or tap here to enter text.

Please provide a description intended use of funds: (Please attach separate sheet of paper to include additional information) Click or tap here to enter text.

City of Porterville Community Benefit Non-Profit Grant Program Application Page 3 of 3 Required Certifications
By checking the boxes below, the undersigned hereby certifies that the statement is true and correct to the best of their knowledge:
☐ I certify that the business is located within the City of Porterville, and the business maintains all proper licenses and permits for operation.
☐ I certify that the business is current with all local, state, and federal taxes. ☐ I certify that the above information contained on this form and attachments is accurate and complete to the best of my knowledge, under penalty of law and verifiable by federal government representatives. I understand that funds are limited and acceptance of application does not guarantee a funding commitment or project approvals from the Community Benefits Grant Program. I will provide the information required to verify this data (e.g. payroll records, tax filings, account statements, etc.). I understand that the City of Porterville will rely on the accuracy of the submittals and certifications made in conjunction with this application. Any misrepresentation or inaccurate information may result in disqualification of the grant application and/or request for repayment of money awarded.

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Business Name
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Signature Date
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Title
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Signature Date
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Title

CITY OF PORTERVILLE
Cannabis Community Benefit Non-Profit Grant Program
Grant APPLICATION
Community Development Department • 291 N. Main St. • Porterville, CA 93257 (559) 782-7460 • Office Hours: Mon. – Fri. 8 a.m. – 5 p.m. www.ChoosePorterville.com • [email protected]

Community Benefit Small Business Grant Program
Introduction
Community Benefit Program was established with the adoption of Resolution (Insert Resolution number) funded through commercial cannabis dispensary development agreements. Community Benefit Program includes funding for items such as senior citizen programs, City beautification efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic development, infrastructure, capital improvements (including expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community), support of holiday and special community events, support of local public service, public safety, and special social and community organizations.

Small Business Grant Program Overview
The Community Benefit Small Business Grant Program was established as a component of the Community Benefit Program to provide grant funding for small businesses within the City of Porterville. Funding is available through the Cannabis Community Benefit Fund. Funds can be used in support of for-profit small businesses within the City of Porterville to improve signage and business façade to be compliant with the Porterville Development Ordinance, and make ADA improvements. Grants are available up to $5,000, depending on need and availability.

Eligible Applicants
Eligible applicants include for-profit businesses that are located in and operate in the City of Porterville (in good standing) and meet the definition of a small business as defined by the U.S. Small Business Administration. The project to be funded by the Program must be located within the incorporated area of the City of Porterville and be compliant with the Porterville Development Ordinance.

Eligible Activities & Costs
• Façade Improvements (i.e. signage, awning, or window replacements, lighting) • Purchase of Equipment
• ADA improvements
• Code Violation remediations within the façade of building.

Application Process

1. Submit Completed Application: Completed Applications for the Community Benefit Small Business Grant Program may be submitted to [email protected] or submitted to Porterville City Hall, 291 N. Main Street, Porterville, CA. Applications and supporting documentation will accepted on an ongoing basis until funds are expended. One application per eligible applicant may be submitted.

2. Application Review: Applications will be reviewed for completeness and eligibility on a first come first serve basis.

3. Approval: Porterville City Council will consider the applications for approval.

4. Grant Agreement & Award of Funding: Applicants receiving approval funding will be required to sign a grant agreement and any additional documentation required prior to release of funds. A copy of an invoice or estimate/bid of eligible expenses is required for the issuance of funds.

City of Porterville Community Benefit Non-Profit Grant Program Application Page 2 of 3

5. Required Documentation: Applicants are required to provide documentation of the use of funds within ninety (90) days after grant award. Documentation includes invoices or receipts for materials and supplies, final bills of sale, and/or canceled checks. All documentation will be reviewed by staff.

6. Labor Standard Requirement: Prevailing wages are required to be paid in adherence with applicable State laws for construction project financed by City grant funds.

Equal Opportunity Compliance
The Community Benefit Small Business Grant Program (also referred to in this application form as “The Program”) will be implemented in ways consistent with the City’s commitment to State and Federal equal opportunity laws. No person or business shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Benefit Non-Profit Grant Program funds on the basis of his or her religion, religious affiliation, age, race, color, creed, ancestry, national origin, sex, marital status, familial status, physical or mental disability, medical condition, genetic information, sexual orientation, gender, gender identity, gender expression or other arbitrary cause.

Checklist of Required Documents/Information
DOCUMENTATION TO PROVIDE WITH APPLICATION: (Must be turned in with application in order to be considered a COMPLETE application)
☐ City of Porterville Business License, and other permits required for business operation. ☐ Detailed description of the proposed project or use of funds, including cost summary. ☐ Recent Credit Report Printout
Applicant Information
Applicant Name(s): Click or tap here to enter text.

Entity Name: Click or tap here to enter text.

Project or Program Name (if applicable) : Click or tap here to enter text.

Project Address (if applicable) : Click or tap here to enter text.

Tax ID#:Click or tap here to enter text.

Non-Profit Business Address: Click or tap here to enter text.

Years in Operation: Click or tap here to enter text.

Daytime Phone #: ( ) Evening Phone #: ( )
Please provide a description of non-profit organization: (Please attach separate sheet of paper to include additional information)
Click or tap here to enter text.

City of Porterville Community Benefit Non-Profit Grant Program Application Page 3 of 3 Please provide a description intended use of funds: (Please attach separate sheet of paper to include additional information) Click or tap here to enter text.

Required Certifications
By checking the boxes below, the undersigned hereby certifies that the statement is true and correct to the best of their knowledge:
☐ I certify that the business is located within the City of Porterville, and the business maintains all proper licenses and permits for operation.
☐ I certify that the business is current with all local, state, and federal taxes. ☐ I certify that the above information contained on this form and attachments is accurate and complete to the best of my knowledge, under penalty of law and verifiable by federal government representatives. I understand that funds are limited and acceptance of application does not guarantee a funding commitment or project approvals from the Community Benefits Grant Program. I will provide the information required to verify this data (e.g. payroll records, tax filings, account statements, etc.). I understand that the City of Porterville will rely on the accuracy of the submittals and certifications made in conjunction with this application. Any misrepresentation or inaccurate information may result in disqualification of the grant application and/or request for repayment of money awarded.

Click here to enter text.

Business Name
Click here to enter text.

Signature Date
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Title
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Signature Date
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Title