RESOLUTION NO. ____-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE AMENDING THE EMPLOYEE PAY AND BENEFIT PLAN FOR ALL
UNREPRESENTED MISCELLANEOUS AND SAFETY
MANAGEMENT EMPLOYEES
WHEREAS, the City Council has determined and reiterated that an Employee Pay and Benefit Plan, Classification Plan, Personnel System Rules and Regulations, Health Plan and Retirement Plan are essential for the proper administration of the City’s affairs, including employee recruitment and retention, and for proper supervision of City employees; and WHEREAS, the City Council recognizes the necessity of amending and/or changing the contents of such plans and regulations from time to time, and of executing instruments to implement and to keep the provisions thereof current, and to maintain the relevancy of the same; and
WHEREAS, the City Council agrees that unrepresented management employees, i.e., employees not designated for purposes of recognition and representation as an organized group for purposes of labor relations, should also be acknowledged through such amendments; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the Employee Pay and Benefit Plan, for employees holding positions designated in the Executive Management group, including the positions of Deputy City Manager, Assistant City Manager, Director, Deputy Director, Police Chief, Fire Chief, Police Captain, Deputy Fire Chief, Police Lieutenant, Fire Battalion Chief, Fire Marshal, and Administrative Services Manager, hereinafter (“Unrepresented Employees”), is hereby amended as follows:
I. Term:
The term of this amendment shall be effective October 1, 2025 through June 30, 2026.
II. Salary:
Effective October 1, 2025, Unrepresented Management employees shall receive a three percent (3%) salary increase.
III. Medical Insurance Contribution:
Effective October 1, 2025, Unrepresented Management employees shall contribute an additional one percent (1%) toward the cost of medical insurance premiums.
IV. Holidays:
Effective immediately upon adoption of this Resolution, Sections III (F) and III (H) of the Resolution No.____-2025
Employee Pay and Benefit Plan shall be amended to add Christmas Eve (December 24) as a recognized municipal holiday for which City offices shall be closed.
V. Continuing Benefits and Conditions:
All other terms and conditions previously approved by the City Council and subsequently implemented shall, unless herein expressly modified or eliminated, remain in full force and effect until such time as they are subsequently modified or eliminated by Council action.
BE IT FURTHER RESOLVED that the Mayor of the City of Porterville is hereby authorized to execute those documents as are necessary to implement the provisions hereof.
PASSED, APPROVED AND ADOPTED this 7th day of October 2025.
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By:
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 30.
CITY COUNCIL AGENDA – OCTOBER 7, 2025
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, former Mayor Martha A. Flores, in conjunction with Acting City Manager Patrice Hildreth, declared the existence of a local emergency within the City of Porterville. This declaration was made pursuant to Chapter 9 of the Porterville Municipal Code and in response to a series of storm systems impacting the Porterville area, increasing flows in the Tule River and posing a significant threat to life and property. The City Council ratified the declaration at its Special Meeting on March 17, 2023, in accordance with the California Emergency Services Act (Government Code § 8558 et seq.). Per State requirements, the declaration must be renewed every sixty (60) days to remain in effect. At its most recent meeting on September 16, 2025, the Council renewed the emergency declaration.
Staff continues to work with FEMA to resolve outstanding claims and identify a timeline and path forward. In an effort to reduce the size of the agenda binder while still keeping the Council informed, staff is including only the most current Armory Census as an attachment to this report. Once the declaration of local flood emergency is officially concluded, and in coordination with FEMA guidance, staff will prepare a final close-out report that includes all supporting documentation and attachments currently on file.
Chronology of Emergency Response Actions:
• March 10–19, 2023: Tulare County Sheriff and City officials issued a series of evacuation warnings and mandatory orders due to rising water levels and flood threats, including areas near Success Lake, River Springs Drive, and Rio Vista Avenue.
• March 13, 2023: The City declared a Local Emergency.
• March 15–25, 2023: City Public Works performed extraordinary flood mitigation efforts. Evacuation orders were adjusted based on river activity.
• March 17, 2023: The City Council ratified the emergency declaration. • April 11, 2023: The Temporary Evacuation Point (TEP) and Emergency Shelter relocated from Porterville College to the Porterville Armory.
Item No. 30.
• April 14–May 5, 2023: The City and County executed an MOU to continue Armory TEP operations without Cal OES funding. • May 5, 2023: The City assumed full operational and financial responsibility for the Armory site.
• May 16, 2023: The Council approved a one-year no-cost license agreement for exclusive use of the Armory.
• April–July 2023:
o Council approved emergency expenditures including water rescue equipment, mobile ADA-compliant restrooms, and flood mitigation services.
o Due to contract violations, TopKnotch Security was terminated and replaced by Good Guard Security for ongoing Armory safety services.
• State and Federal Declarations:
o Governor Newsom issued Executive Orders N-6-23, N-7-23, and N-10-23 to support flood response and recovery.
o President Biden’s Major Disaster Declaration (April 3, 2023) activated federal recovery funding; FEMA formally closed the incident period on July 10, 2023.
RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.
ATTACHMENTS: 1. Armory Census
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 31.
CITY COUNCIL AGENDA – OCTOBER 7, 2025
SUBJECT: Public Hearing to Consider the Transition to Phase III of the City's Water Conservation Plan
SOURCE: Public Works
COMMENT: The City of Porterville's Water Conservation Plan is structured to reduce overall residential water use, ensure reliable water service, and comply with state and regional conservation requirements. The plan includes five phases, ranging from voluntary measures to complete outdoor watering restrictions.
By adjusting conservation phases seasonally, the City can align water use with actual community needs while maintaining long-term reliability.
On May 20, 2025, the City Council approved operating in Phase II (three watering days per week) during the summer months to provide residents greater flexibility. With outdoor irrigation demand naturally decreasing during the cooler months, staff recommends transitioning to Phase III (two watering days per week), or continuing in Phase II beginning December 1, 2025, through June 1, 2026.
Phase II-Three Watering Days per Week
• Odd-numbered addresses: Tuesdays, Thursdays, and Saturdays • Even-numbered addresses: Wednesdays, Fridays, and Saturdays • Prohibited watering hours: 5:00 a.m.-10:00 a.m. and 5:00-10:00 p.m.
Phase III-Two Watering Days per Week
• Odd-numbered addresses: Tuesdays and Saturdays
• Even-numbered addresses: Wednesdays and Sundays
• No watering on Mondays, Thursdays, or Fridays
• Prohibited watering hours: 5:00 a.m.-10:00 a.m. and 5:00-10:00 p.m.
Phase IV-One Watering Day per Week
• Odd-numbered addresses: Saturdays
• Even-numbered addresses: Sundays
Item No. 31.
• No watering on Mondays, Tuesdays, Wednesdays, Thursdays, or Fridays
• Prohibited watering hours: 5:00 a.m.-10:00 a.m. and 5:00-10:00 p.m.
Transitioning to Phase III during the winter months reflects seasonal water-use patterns and strengthens the City's ability to meet state and regional conservation goals. Maintaining reduced water consumption supports compliance with the City's Urban Water Management Plan and the Sustainable Groundwater Management Act (SGMA), while also preserving capacity to ensure a reliable three-year water supply under continued drought conditions.
At the end of winter-spring, staff recommends returning to Phase II on June 1, 2026, when warmer weather increases outdoor water demand. This balanced approach allows the City to practice responsible conservation during the winter while providing residents greater flexibility during the summer. By adopting these seasonal transitions, the City continues to promote conservation as a way of life and safeguard long-term water sustainability for the community.
Notice was provided in accordance with applicable requirements, and public comment will be invited prior to City Council action.
RECOMMENDATION: That City Council:
1. Conduct a public hearing and receive public comment
regarding the proposed seasonal transition of water
conservation phases;
2. Approve transitioning to Phase III of the City's Water Conservation Plan, effective December 1, 2025; and
3. Approve returning to Phase II of the City's Water Conservation Plan, effective June 1, 2026.
ATTACHMENTS: 1. Drought Response Phase II Flyer
2. Drought Response Phase III Flyer -
3. Drought Response Phase IV Flyer
4. Tulare Basin Chart
5. Average Standing Water Level and Production Capacity Chart
Appropriated/Funded:
Review By:
Department Director:
Item No. 31.
Robert Alvarez, Acting Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk The City of Porterville has adopted a Phase II Drought Response Plan. As part of the Phase II plan, the City has restricted watering days to three days per week, based on address.
Mandatory Odd/Even
Watering Schedule
Excessive water runoff
prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system
WATERING PROHIBITED
BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM
THERE IS NO WATERING
ON MONDAYS.
ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
Your watering days are Tuesday,
Thursday, and Saturday.
EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
Your watering days are
Wednesday, Friday, and Sunday.
OR
The City of Porterville has adopted Phase III of its Drought Response Plan.
As part of the Phase III plan, the City has restricted watering days to two days per week, based on address.
Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system
WATERING PROHIBITED
BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM
NO WATERING ON
MONDAYS, THURSDAYS,
AND FRIDAYS.
ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering days are Tuesday
and Saturday only.
EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering days are
Wednesday and Sunday only.
OR
The City of Porterville has adopted Phase IV of its Drought Response Plan.
As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.
Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system
WATERING PROHIBITED
BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM
NO WATERING
MONDAY THROUGH
FRIDAY.
ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.
EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.
OR
Tulare Basin Precipitation: 6-Station Index, September 05, 2025 Oct 1 Nov 1 Dec 1 Jan 1 Feb 1 Mar 1 Apr 1 May 1 Jun 1 Jul 1 Aug 1 Sep 1 Oct 1 Water Year (October 1 - September 30)
0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 28.3 Average (1991-2020)
10.9 1976-1977 Daily Precip (2nd driest)
56.2 1982-1983 Daly Precip (2nd wettest)
56.3 1968-1969 Daily Precip (wettest)
54.4 2022-2023 Daily Precip
22.7 2023-2024 Daily Precip
9.9 2020-2021 Daily Precip (driest)
17.0 2021-2022 Daily Precip
Percent of Average for this Date: 83%
Current: 23.3
Balch PH
Giant Forest
Ash Mt.
Springville.
Pascoes
Isabella Dam
110
113
101
95 91
114
132
144
150
140
135
118
111
125 126
108
97 97
14,152
13,271
16,043
16,66816,962
14,216
11,726
10,06910,157
11,541
12,388
14,041
13,713
12,427
12,465
14,672
15,88015,989
-1,000
1,000
3,000
5,000
7,000
9,000
11,000
13,000
15,000
17,000
80 19,000
90 100
110
120
130
140
150
160
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 GPM Standing Water Level Average Standing Water Level & Production Capacity
Average Standing Water Level Average Capacity GPM
Item No. 32.
CITY COUNCIL AGENDA – OCTOBER 7, 2025
SUBJECT: Second Reading - Ordinance No. 1917, Amending Series 200 of Chapter 21 of the Porterville Municipal Code, pertaining to an Increase in Residential Densities in the RM-3 Zone District
SOURCE: City Attorney
COMMENT: Ordinance No. 1917, an Ordinance of the City Council of the City of Porterville, amending the text of Section 200 of Chapter 21 (Porterville Development Code) of the Porterville Municipal Code in the matter of the City of Porterville residential density increase project. Specifically, the amendment increases the maximum allowable residential density within the RM-3 High Density Residential zoning district from 30.0 units per acre to 30.5 units per acre., was given first reading on September 16, 2025, and has been printed.
RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1917, waive further reading, and adopt said Ordinance.
ATTACHMENTS: 1. Ordinance No. 1917
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
ORDINANCE NO. 1917
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING THE TEXT OF SECTION 200 OF CHAPTER 21 (PORTERVILLE DEVELOPMENT CODE) OF THE
PORTERVILLE MUNICIPAL CODE IN THE MATTER OF THE CITY OF PORTERVILLE
RESIDENTIAL DENSITY INCREASE PROJECT
WHEREAS: At a regular meeting on December 7, 2021, the City Council did consider information from staff regarding historical residential densities in the city; and WHEREAS: At said regular meeting, the City Council did direct staff to initiate amendments to both the Porterville 2030 General Plan (General Plan) and the Porterville Development Code to provide a slight increase to permissible density within the High-Density Residential Land Use designation and the RM-3 zoning district; and WHEREAS: At a regular meeting on September 2, 2025, the City Council conducted a public hearing to consider a change to the text of the Porterville Development Code to increase the maximum permissible residential density within the RM-3 High Density Residential zoning district from 30.0 units per acre to 30.5 units per acre; and WHEREAS: Notice of said hearing was published in The Porterville Recorder on August 14, 2025 and was posted at City Hall and on the City’s website on August 14, 2025; and WHEREAS: Due to a concern about notification of a companion item, the City Council opened the public hearing for the item and continued it to the September 16, 2025, regular meeting; and
WHEREAS: Amendment of a zoning ordinance expressly constitutes a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (CEQA) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and
WHEREAS: Via adoption of Resolution No. 87-2025, the City Council has adopted an addendum to the City of Porterville 2030 General Plan Environmental Impact Report; and WHEREAS: Also, via adoption of Resolution No. 87-2025, the City Council has amended the Land Use Element of the General Plan to accommodate the same increase in maximum permissible density within the High-Density Residential Land Use designation, for which the RM3 zoning district is the implementing zone; and WHEREAS: The City Council of the City of Porterville determined that the proposed text amendment is consistent with the guiding and implementation policies of the General Plan.
Ordinance No. 1917
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS by the City Council of the City of Porterville:
Section 1: The preceding recitals are true and accurate.
Section 2: Section 201.01 of Article 201 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended to read as follows:
201.01: PURPOSE:
The specific purposes of the “Residential” Districts are to:
A. Maintain and enhance the city’s neighborhoods.
B. Ensure the provision of services and facilities needed to accommodate planned population densities.
C. Provide a basis for the evaluation of development proposals for appropriate densities within the given ranges.
D. Implement and provide appropriate regulations for General Plan classifications of “Very Low Density Residential”, “Low Density Residential”, “Low-Medium Density Residential”, “Medium Density Residential”, and “High Density
Residential”.
Additional purposes of each “Residential” District:
RS-1 Very Low Density Residential. To provide areas for large lot or executive home single-family subdivisions with a maximum
residential density is 3.1 units per net acre. This district also allows for limited uses such as day care homes and religious facilities that are appropriate in a very lowdensity residential environment.
RS-2 Low Density Residential. To provide areas for attached or detached single family homes with a maximum residential density of 7.5
units per net acre. This district also allows for limited uses such as day care homes, parks, and religious facilities that are appropriate in a low-density residential environment.
RM-1 Low-Medium Density Residential. To accommodate low-medium densities and more varied forms of residential development,
including small-lot single-family homes, detached zero lot line developments, duplexes, townhouses, and garden
apartments with a maximum residential density of 11.3
units per net acre This district also allows for limited uses such as day care homes, parks, schools and religious
facilities that are appropriate in a low-medium density residential environment. This district provides for a
transition from lower-density residential neighborhoods Ordinance No. 1917
to medium-density multi-family areas.
RM-2 Medium Density Residential. To accommodate a variety of housing types, such as small-lot single-family homes, detached zero lot line developments, duplexes, townhouses, and garden
apartments with a maximum residential density of 15.0
units per net acre. This district is intended to be located closer to community and retail services, mixed use areas, parks, and areas where greater access can be provided. In addition to residential uses, this district allows for a variety of public and semi-public uses such as cultural institutions and religious facilities that are appropriate in a mediumdensity residential environment. This district provides for a transition from lower-density residential neighborhoods to higher-density multi-family development and
commercial areas.
RM-3 High Density Residential. This classification is intended to accommodate attached homes, two- to four-plexes, and apartment
buildings with a maximum residential density 30.0 30.5
units per net acre. This district allows for a variety of public and semi-public uses such as clubs and lodges, cultural institutions, and religious facilities that are appropriate in a high-density residential environment.
Section 3: Table 201.03 of Section 201.03 of Article 201 of Series 200 of Chapter 21 of the Porterville Municipal Code is hereby amended to read as follows:
Standard RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Lot and density standards:
Minimum
lot area
(sq. ft.)
12,500 6,000 6,000 6,000 6,000 Subsection 201.04C,
“Reduced Minimum Lot
Size, Width, And
Depth”
Minimum
lot width
(ft.)
90 60 60 60 60 Subsection 201.04C,
“Reduced Minimum Lot
Size, Width, And
Depth”
Minimum
lot depth
(ft.)
100 75 75 75 75 Subsection 201.04C,
“Reduced Minimum Lot
Size, Width, And
Depth”
Ordinance No. 1917
Maximum
density
(units/net
acre)
3.1 7.5 11.3 15.0 30.0
30.5 Minimum
density
(units/net
acre)
n/a n/a n/a n/a 10.0
Minimum
area per
dwelling
unit (sq.
ft.)
n/a n/a 3,000 1,500 1,000
Building form and location:
Maximum
height
(ft.)
35 35 35 50 50 Section 201.03(a); and
section 300.06,
“Heights And Height
Exceptions”
Minimum
yards (ft.):
Residence
(front)
15 15 15 15 15 Section 201.03(b); and
section 300.01,
“Building Projections
Into Yards”
Porch
(front)
10 10 10 10 10
Garage
(front)
20 20 20 20 20
Interior
side
5 5 5 5 5 Section 201.03(c), (d)
and (f); and
section 300.01,
“Building Projections
Into Yards”
Street
side
10 10 10 10 10 Section 201.03(e); and
section 300.01,
“Building Projections
Into Yards”
Rear 10 5 5 10 10 Section 201.03(f); and
section 300.01,
Ordinance No. 1917
“Building Projections
Into Yards”
Maximum
building
coverage
(% of lot)
30 45 45 50 60
Minimum
courtyard
dimension
n/a n/a n/a 20 20 Section 201.03(g)
Additional standards:
Private
open
space (sq.
ft. per
unit)
n/a n/a 200 75 50 Subsection 201.04B,
“Residential MultiFamily Development”
Common
open
space (sq.
ft. per
unit)
n/a n/a n/a 100 100 Subsection 201.04B,
“Residential MultiFamily Development”
Section 4: Severability: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, the decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases have been declared invalid or unconstitutional.
Section 5: Effective Date and Posting of Ordinance: This Ordinance shall take effect and be in force thirty (30) days from and after the date of final passage. The City Clerk of the City of Porterville shall cause this Ordinance to be published at least once within fifteen (15) days after its passage in a newspaper of general circulation in Tulare County with the names of those City Council Members voting for or against the Ordinance.
/ / /
/ / /
Ordinance No. 1917
PASSED, APPROVED and ADOPTED on the 7th day of October, 2025.
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By:
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 33.
CITY COUNCIL AGENDA – OCTOBER 7, 2025
SUBJECT: Second Reading - Ordinance No. 1918, Amending Series 300 of the Porterville Development Ordinance Regarding Signs
SOURCE: City Attorney
COMMENT: Ordinance No. 1916, an Ordinance of the City Council of the City of Porterville, amending series 300 of the Porterville Development Ordinance regarding signs, which streamlines and updates sign regulations to reduce regulatory requirements while retaining provisions necessary to protect public health and safety, was given first reading on September 16, 2025, and has been printed.
RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1918, waive further reading, and adopt said Ordinance.
ATTACHMENTS: 1. Ordinance No. 1918
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk ORDINANCE NO. 1918
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SERIES 300
OF THE PORTERVILLE DEVELOPMENT ORDINANCE REGARDING SIGNS WHEREAS: At a regular meeting on June 17, 2025, the City Council of the City of Porterville reviewed Article 305 – Signs of the Porterville Development Ordinance.
WHEREAS: At said regular meeting, the City Council did direct staff to form a staff-led working group to conduct a comprehensive text amendment to Article 305 of the Porterville Development Ordinance, focused on relaxing regulatory requirements.
WHEREAS: The purpose of the proposed amendment is to streamline requirements and reduce regulatory burden on property owners and business pertaining to signs while retaining only those provisions necessary to protect public safety, health, and life.
WHEREAS: The staff-led working group thoroughly examined Article 305 and assessed opportunities for regulatory relief. As part of this process, staff conducted outreach efforts to engage the community and to solicit input from interested business owners and other stakeholders regarding the current sign regulations.
WHEREAS: At a regular meeting on August 18, 2025, the City Council of the City of Porterville did review the proposed changes to Article 305 and directed staff to schedule a public hearing for adoption of the text amendment.
WHEREAS: The proposed ordinance is an implementation measure of the policies, goals and objectives of the Porterville 2030 General Plan. Environmental Coordinator made a determination on the basis of substantial evidence that there is no possibility that the proposed text amendment could have a significant effect on the environment and is therefore exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Porterville does hereby repeal and replace Series 300, Article 305-Signs of Chapter 21 of the Porterville Municipal Code, commonly referred to as the Development Ordinance, as attached hereto as Exhibit A, and fully incorporated herein by reference. This ordinance shall be in full force and effective thirty (30) days from and after its publication and passage.
PASSED, APPROVED, and ADOPTED this 7th day of October, 2025. ____________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By: _________________________________
Fernando Gabriel-Moraga, Chief Deputy City Clerk
EXHIBIT A
121
Signs
Sections:
305.01 Purpose
305.02 Policies
305.03 Applicability
305.04 Design Principles
305.05 Exempt Signs
305.06 Prohibited Signs
305.07 General Standards
305.08 Sign Standards for Residential Districts
305.09 Sign Standards for Non-Residential Districts
305.10 Standards for Specific Types of Signs
305.11 Permits Required; Review Process
305.12 Master Sign Program
305.13 Nonconforming Signs
305.14 Abatement and Removal of Illegal Signs
Purpose
The purpose of this chapter is to establish clear and reasonable regulations to ensure the orderly display of signs as a city-wide information system, consistent with State and federal law. These regulations recognize the desire and right of each individual, business, firm or corporation to identify its residence, business, or service. At the same time, they acknowledge that the indiscriminate erection, placement, illumination, color, size, and lack of proper maintenance of signs and advertising structures may create conditions affect public safety or property values. Specifically, these regulations are intended to:
Ensure signs and advertising structures are designed, erected, and maintained in a manner that supports effective communication and avoids obstructing the visibility of nearby or adjacent signs;
Prohibit the installation and maintenance of signs or advertising structures that create unsafe distractions for motorists or interfere with visibility of traffic signs, signals, safe vehicle movement;
Prevent the installation and maintenance of signs or advertising structures, that individually or collectively, negatively impact the city’s economic health; Ensure that the size and location of signs and advertising structures do not interfere with fire protection or emergency response efforts, and do not create safety hazards for vehicle or pedestrian traffic, particularly in cases of structural failure during severe weather or earthquakes, or due to impaired visibility; and Protect public health and safety and promote general welfare.
Series 300: Additional Use and Development Regulations
122
Policies
The policies and principles stated in this Section apply to all signs regulated under this Chapter and to all related procedures. These policies take precedence over any conflicting provisions, even if those provisions appear more specific.
Permit Requirement. Unless expressly exempted by this Chapter or by other applicable law a Building Permit is required only for Signs that are subject to review by the Building Department. All other signs regulated by this Chapter may be displayed without a permit unless otherwise specified. If the sign requires such permit, it may be displayed only with a valid permit issued by the City.
Message Neutrality. It is the City’s policy to regulate signs in a constitutional, manner that is content neutral for noncommercial messages and viewpoint neutral for commercial messages.
Regulatory Interpretations. All regulatory interpretations of this Chapter shall be made in accordance with the City’s message neutrality policy. If a proposed sign type is not expressly allowed or prohibited by this Chapter, or if a sign does not meet the definition of a “structure” under the Building Code, the Zoning Administrator shall review the application based on the most comparable regulated sign type and determine whether to approve, conditionally approve, or deny the request using reasonable and consistent judgement.
Substitution of Messages. Subject to the property owner’s consent, any noncommercial message may be substituted for another noncommercial message on a legally permitted or allowed sign, without requiring additional permits or approvals, provided that the sign structure or mounting device itself is lawful without regard to message content. This provision is intended to ensure treatment of noncommercial speech and to avoid any unintentional preference for commercial messages. This section does not permit an increase in the total number or area of signs on a parcel, authorize changes to the physical structure or location of a sign, or allow substitution of an off-site commercial message for an on-site commercial message. Changing one on-site commercial message to another may still require a permit if otherwise required by this Chapter.
Rules for Non-communicative Aspects of Signs. All regulations related to the physical characteristics of signs, including location, size, height, illumination, spacing, and orientation, remain fully enforceable regardless of message content and apply independently of the permitting or approval process.
Situs of Non-commercial Message Signs. The distinction between onsite and offsite signs applies only to commercial messages. Non-commercial messages are not subject to location-based restrictions under this Chapter.
Property Owner’s Consent. No sign may be displayed without the consent of the legal owner(s) of the property on which the sign is mounted or displayed. For purposes of this policy, “owner” means the person or entity holding legal title to the property, as well as anyone with a current right to possess, control, or use the property.
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Legal Nature of Signage Rights and Duties. For all signs attached to property, whether real or personal, the rights, responsibilities, and obligations under this Chapter apply to and remain with the land or property where the sign is mounted or displayed. This provision does not change or affect laws related to fixtures, private lease terms about signage (so long as they do not conflict with this Chapter), or ownership of sign structures.
Sign Programs. Sign programs for specific developments, including special sign districts or overlay zones, may allow modifications to the rules in this Chapter related to size, height, number, illumination, spacing, orientation or other noncommunication aspects of signs, subject to agreement between the private parties to comply with said program and if approved by the Approving Authority. However, no sign program may override or change the basic policies outlined in this Section. All provisions in this Section automatically apply to any sign program approved after the effective date of this ordinance.
Severability. If any section, sentence, clause, phrase, word, or provision of this Chapter is found to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect.
The City Council affirms that it would have adopted this Chapter even without any part that may later be found invalid or unenforceable.
Applicability
The requirements and development standards in this chapter apply to signs in every zoning district, unless a specific exception is stated.
Design Principles
The City Council may choose to adopt design principles via resolution or via amendment of this ordinance. Criteria may include but are not limited to architectural compatibility, consistency with area character, legibility, finish, and visibility. Any such criteria may be applied throughout the city or to specific, delineated areas.
Exempt Signs
The following signs are exempt from the permit requirements of this Chapter provided they meet the applicable standards and obtain a building permit if required by law.
Government-Recognized Historical or Memorial Markers. Signs installed by a civic organization recognized by the City Council, constructed of bronze, stone, or other durable, non-combustible materials, or permanently cut into a masonry surface, and used to identify historical or memorial buildings or sites.
Temporary Business Transition Signs. A temporary attachment or covering made of wood, plastic, canvas, or similar material may be placed over an existing permanent sign during a business transition, such as a change in ownership or remodeling. The temporary sign must not exceed the size of the previous sign and may be displayed for up to one (1) year after a change in ownership. For maintenance, see Section 306.08, Maintenance.
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Construction or Development Signs. One (1) sign per street frontage is allowed on a property where construction, structural alteration, or repair is planned or underway.
Each sign may not exceed thirty-two (32) square feet in area. Construction signs must be removed after final building inspection.
Incorporated Product or Equipment Signs. Signs not exceeding four (4) square feet in area that are built into equipment or displays by a manufacturer, distributor, or vendor are allowed. This includes signs on ATMs, gasoline pumps, vending machines, menu boards, and branded umbrellas, as illustrated in Figure 305.05(D).
FIGURE 305.05(D)
Flags. Noncommercial flags (e.g., national, State, civic, or organizational).
Handbills. Handbills, advertising circulars, etc., must comply with the standards and licensing contained in Chapter 3, Article II, of the Porterville Municipal Code Real Estate Sign. One (1) on-site real estate sign per street frontage is allowed when a property is for sale, rent, or lease. Signs. Signs must be removed within five (5) days of the property being no longer listed or advertised for sale, lease, or rent.
Window and Entry Signs. Signs may be placed within six (6) feet of the building entrances for commercial, industrial, and office uses. In addition, government buildings may display shadowboxes.
On-Site Directional or Informational Signs. On-site signs are allowed for public or private developments provided they are not be otherwise prohibited or further regulated by this Chapter or any other provision of the Porterville Municipal Code.
Uses with a drive-through service window may install one (1) additional sign under this exemption.
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Reader Panels. Permanent reader panels are allowed for public, charitable, or religious institutions, provided they are located on the same property to which they pertain. These panels must be positioned so they do not create a hazard to vehicular or pedestrian traffic. Electronic reader boards are also allowed under this exemption if they comply with applicable zone requirements, do not include animation, flashing, or rapid movements, and display messages that change no more than once every three (3) seconds.
Civic Event Sponsorship. One sign per business that sponsors and contributes to sports activities held on public property may be placed at said property. The sign may be displayed for up to ninety (90) days before the event or season and must be removed within fifteen (15) days after the event or season concludes.
Transit Advertising. Bus stop shelter and bench advertisements authorized under the City’s Transit Advertising Policy are exempt.
City Welcome Signs. Signs placed, owned, or funded by the City of Porterville may be installed around the periphery of the city limits at major transportation routes, either within public rights-of-way or on private property with the property owner’s consent.
Prohibited Signs
The following types of signs and devices are prohibited due to safety concerns, regulatory conflicts, or negative community impacts:
Billboards. Any sign that advertises a business, service, or product not offered on the same property is prohibited, unless specifically allowed by the California Outdoor Advertising Act (Business and Professions Code Sections 5200-5486). A sign that promotes a brand name not considered a principal item for sale on the premises is also considered a prohibited billboard.
Noise, Odor, and Emissions. Signs that produce noise in violation of the City’s Noise Ordinance contained in Article IX of this code, and signs that emit odor, visible smoke, vapor, or particles.
Obscenities. Signs that depict, describe or relate to “specified sexual activities” or “specified anatomical areas” as defined in Porterville Municipal Code Chapter 15, Article V, Section 15-43, Definitions.
Obstructions to Exits. Signs erected, constructed, or maintained in a way that obstruct firefighting equipment, fire escapes, required exits, or door openings intended for emergency ingress and/or egress.
Obstructions to Driver Visibility. Signs that interfere with visibility at driveways, intersections, or within corner cut-off areas, as defined in Section 300.16.
Obstructions to Ventilation. Signs that block or interfere with any opening required for natural or mechanical ventilation.
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Posters. Posters of a temporary nature that are tacked, painted, pasted, or otherwise affixed and made visible from a public way on walls of buildings, barns, sheds, trees, fences, utility poles, or other structures, sidewalks, or patios are prohibited, except as otherwise provided in this Chapter. This section excludes signs placed in windows per Section 305.10 (e).
Signs Creating Traffic Hazards. Signs that simulate the color, size, or design of any traffic control sign, signal, or device, or use words, symbols or characters in a way that could mislead or confuses drivers or pedestrians, are prohibited. No sign, light, or advertising structure shall be placed in a location that creates a hazard to vehicular or pedestrian traffic, or that obstructs clear vision where its position, shape, color, or movement could interfere with, block the view of, or be mistaken for an authorized traffic control device.
Private signs on public property. Unless otherwise permitted by this code, private signs located on public lands, including public rights-of-way, parks, public buildings, storm drainage basins, and similar facilities, are prohibited. However, signs may be placed during an event that has an approved rental or reservation for the site. All such signs must be removed at the end of the reservation period.
General Standards
This section establishes general standards and requirements for signage. More detailed standards for specific sign types, such as wall signs or awning signs, are provided in Section 305.10, Standards for Specific Sign Types. In addition to these general standards, all signs must comply with the specifications set forth in Municipal Code Chapter 3, Advertising and Signs.
Abandoned Signs. Any sign, including its supporting structure, that no longer identifies the current occupant after ninety (90) days shall be deemed abandoned and must be removed by the property owner. When a wall sign is removed, the wall surface behind it shall be repaired and painted to match the surrounding facade. Any abandoned signs not removed or made blank within this period shall be removed in accordance with the procedures established in this Chapter.
Building Frontage. Building frontage refers to the wall of a building that faces and runs roughly parallel to a public street, excluding alleys.
Changeable Copy. Changeable copy may cover up to one hundred (100) percent of a manually changeable sign and an electronic message center sign with copy that can be changed or altered by electric, electro-mechanical, electronic, or any other artificial energy means.
Clearance from Utilities. Signs and their supporting structures shall maintain clearance from and not interfere with electrical conductors, communications equipment or lines, surface and underground facilities and conduits for water, sewage, gas, electricity, and communications equipment or lines. Signs shall not be placed in public utility easements unless express written permission from the affected public utility is obtained.
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Construction and Maintenance ±
Unless exempt, signs and supporting structures shall be installed in accordance with the current adopted Building Code.
All signs, together with all supporting structures, shall be maintained in the following manner:
Signs shall be kept free of rust, dirt, and chipped, cracked or peeling paint.
All hanging, dangling, torn or frayed parts of signs shall be promptly repaired, and graffiti and unauthorized attachments shall be removed.
Failed, damaged, or blinking illumination shall be promptly replaced.
Sign areas shall be kept free and clear of all noxious substances, rubbish, and weeds.
Discolored or faded panels on plastic faces shall be restored to their original condition and color.
Encroachment into Public Street or Sidewalk. Any sign projecting into a public right of way requires an encroachment agreement approved by the City Engineer.
Temporary signs such as A-frame/sandwich board signs as regulated under 305.10(f)(2) below are exempt from this requirement.
Illumination. Channel letters, internally illuminated signs and neon signs are permitted. Due to glare and non-directional illumination, bare bulbs visible from the public right-of-way are prohibited. For signs with external illumination, lights shall be provided with proper reflectors to concentrate the illumination on the area of the sign to prevent glare on the street or adjacent properties. All sign illumination shall adhere to the performance standards for lighting and glare in Chapter 306, Performance Standards.
Materials. Paper, cardboard, untreated plywood, and other materials subject to rapid deterioration shall be limited to signs displayed for no more than (30) days.
Sign Standards for Residential Districts
Residential subdivisions are allowed one (1) monument sign or wall sign per street frontage for entry into the subdivision.
Religious facilities, multi-family residential projects, schools, civic uses and other nonresidential uses in R districts are allowed one (1) building-mounted sign and one (1) monument sign or freestanding sign/
Sign Standards for Non-Residential Districts
Signage in non-residential districts may include one or more of the following types of signs:
awning and canopy signs, marquee signs, projecting signs, wall signs, window signs, monument signs, freestanding signs, commercial center identification signs, and temporary, Series 300: Additional Use and Development Regulations
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portable A-frame, or sandwich board signs. Signs shall comply with the standards of Section 305.10.
Standards for Signs
Awning and Canopy Signs. Marquee Signs, Projecting Signs. These signs are subject to the following standards:
Sign Clearance. Minimum of eight (8) feet.
Projection.
An under-canopy sign, attached to and hanging from an awning or canopy shall be located completely under the canopy or awning and shall not project beyond its edge.
A projecting sign cannot extend more than three (3) feet from the building to which it is attached.
Visibility. A projecting sign shall be erected in such a manner as not to create a traffic hazard to vehicles or pedestrians.
Wall Signs. Wall signs include any sign attached to, erected against, or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Wall signs also include signs on a parapet or mansard roof. No wall sign may cover wholly or partially any required wall opening. Wall signs are also subject to the following standards:
Projection. Wall signs cannot extend more than twelve (12) inches beyond the face of the wall to which they are attached.
Window Signs. Window signs painted or otherwise adhered directly onto a window are exempt from the permit requirements of this chapter but are subject to the following standards:
Coverage. Window signs may up to one-hundred (100) percent of the total glass window area along each building façade, subject to other applicable laws triggered by type and use of business.
Height. Window signs shall not be mounted or placed on windows higher than the second story.
Monument Signs. Freestanding signs erected on the ground or on a monument base designed as an architectural unit are allowed subject to the following standards:
Visibility. A monument sign shall be erected in such a manner as not to create a traffic hazard to vehicles or pedestrians.
Freestanding Signs. Freestanding signs are allowed subject to the following standards:
Visibility. A freestanding sign shall be erected in such a manner as not to create a traffic hazard to vehicles or pedestrians.
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Projection. Freestanding signs shall not project beyond the property line.
Other Sign Types
Commercial Center Identification Signs. Commercial center identification signs may be erected in the Commercial and Employment districts, subject to the following limitations:
Visibility. A commercial center identification sign shall be erected in such a manner as not to create a traffic hazard to vehicles or pedestrians.
A-Frame/Sandwich Board Signs. Temporary portable A-frame or sandwich board signs may be erected in all nonresidential zone districts, subject to the following limitations:
Maximum Number of Signs. Two (2) A-frame/sandwich board signs per tenant space.
Location. One (1) A-frame sign may be placed within the building frontage. A second sign may encroach into the right-of-way up to two (2) feet from the property line provided there remains a contiguous five (5)-foot-wide walkable area when the sign is in place.
Removal. Such sign is to be removed during non-business hours.
Mobile Signs. Signs pulled on a trailer or otherwise mounted to a vehicle may be allowed subject applicable laws such as the U.S. Department of Transportation, Federal Highway Administration, in the Federal Size Regulations for Commercial Motor Vehicles.
Permits Required; Review Process
Authority. Unless otherwise stated, the building official shall review and approve all signs as specified in this chapter.
Applicability. Except for certain signs exempted in compliance with Section 305.05, Exempt Signs, no regulated sign shall be erected, re-erected, constructed or altered (excluding change of copy on a can or cabinet sign) without building official approval and a building permit issued by the Building Division.
Applications for Filing, Processing and Review
Applicant. Sign owners or their designees shall apply for Building Permits for signs that require them.
Filing and Filing Fee. Application for such permits shall be made upon forms furnished by the building official and accompanied by the required fee and working drawings adequate to show the location, construction and design, including colors, materials, lighting, electrical elements, and advertising copy, of the sign in accordance with applicable sign design guidelines and the linear footage of building frontage owned or leased by the business Series 300: Additional Use and Development Regulations
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Compliance with Standards.
Upon acceptance of a sign application, the building official shall review the request for compliance with the locational and operational standards identified in this chapter, and with any standards established in a Master Sign Program pursuant to Section 305.13, Master Sign Program.
The building official’s decision shall clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions.
Appeals. Decisions by the building official may be appealed subject to the provisions of Chapter 612, Appeals.
Master Sign Program
Purpose. The purpose of a Master Sign Program is to provide a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a more unified appearance. It is not the intent of this section to be used solely to request relief from the sign regulations in order to circumvent any requirements or purpose of this chapter.
Applicability. A Master Sign Program may be processed for any development.
However, shown below are examples of when a Master Sign Program may be most appropriate:
Nonresidential developments of three (3) or more separate tenants that share either the same parcel or structure and use common access and parking facilities (e.g., shopping centers, malls, office complexes and industrial parks); or
Developments with multiple structures with limited frontage or no frontage on a public street; or
Businesses conducted primarily outside of a building; or New multi-family residential developments of one hundred (100) or more units, or
Other developments where the strict application of the sign code unduly restricts the allowable signage that can be located on the parcel.
Application. Master Sign Program applications shall contain all written and graphic information needed to fully describe the proposed sign program, including the proposed location and dimension of each sign, as well as proposed color schemes, font types, materials, methods of attachment or support, and methods of illumination.
A Master Sign Program application shall also include calculation of total allowed sign area, and total proposed sign area, for the site.
Allowable Modifications. A Master Sign Program may provide for additional sign area and other deviations from the standards of this chapter, provided that the Master Sign Program is consistent with the sections on design principles and general standards.
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Review Authority. All Master Sign Programs are subject to review and approval of the Zoning Administrator, unless the signs are associated with a project that requires City Council review and approval; then the City Council shall review and approve it as part of the overall project approval.
Required Findings. In order to approve a Master Sign Program, the decision-making body shall find that all of the following are met, in addition to other applicable regulations in this section:
The proposed signs are compatible in style and character with any building to which the signs are to be attached, any surrounding structures and any adjoining signage on the site;
Future tenants will be provided with adequate opportunities to construct, erect or maintain a sign for identification;
Directional signage and building addressing is adequate for pedestrian and vehicular circulation and emergency vehicle access; and Use of the Master Sign Program provides a more desirable functional and aesthetic appearance than would otherwise be provided by standard code requirements.
Lessees to Be Informed of Master Sign Program. Lessees within developments subject to the requirements of an approved Master Sign Program shall be made aware of the Master Sign Program in their lease.
Revisions to Master Sign Programs. Revisions to an approved Master Sign Program shall be approved by the Zoning Administrator.
Nonconforming Signs
All legal nonconforming signs are permitted to remain unless they are subject to a permit condition or development agreement providing for their removal after a fixed period of time.
Any changes to legal nonconforming signs or their structures in terms of location, orientation, size, or height other than routine maintenance and repair or change of sign copy shall require the signs to be brought into conformance with this chapter.
A legal nonconforming sign loses its legal nonconforming status when the activity, product, business, service, or other use which was being advertised has ceased or vacated the premises for one hundred eighty (180) days, at which time it shall be considered an abandoned sign, subject to the requirements of Section 305.07(c), Abandoned Signs.
Abatement and Removal of Illegal Signs
Authority to Abate. The City has the authority to abate illegal, abandoned signs and signs that pose a threat to health and life safety.
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Illegal Signs in the Public Right-of-Way. Illegal signs posted in the public right-ofway or upon public property may be removed by Code Enforcement officer without notice or hearing. Signs shall be retained by the City for a period of not less than thirty (30) days if identifiable. Thereafter, any unclaimed signs may be discarded.
Recovery of Costs. When the City is required to remove illegal or abandoned signs in compliance with this chapter, the reasonable cost of the removal may be assessed against the owner of the sign(s).
Sign Removal
Any sign, including its supporting structure, which no longer identifies the current occupant or products currently sold, or which otherwise fails to serve its original purpose, or is not maintained in a safe, presentable, and good condition, including the replacement of defective parts, painting, repainting, and cleaning, shall be removed by the owner of the property within 30 calendar days after written notice to do so from the Building Division.
Any sign which the Building Division establishes as unsafe or unsecure shall be corrected or removed, together with all supporting structures, by the owner of the property upon which the sign is located within thirty (30) days after written notice by the Building Division.
Such notice shall state the location of the sign, the nature of the violation, and/or the manner in which the sign constitutes a public nuisance. The notice also shall require the removal or other abatement of the sign before the date specified in the notice. Further, the notice shall state that failure to comply may result in the removal of the sign by the City and that the cost of such removal may be imposed on the owner of the property. The notice shall also include instructions for the filing of an appeal of the determination of the Building Official that the sign is in violation of this chapter or constitutes a public nuisance. Such notice shall be served by posting on the property on which the sign is located and by registered or certified mail delivery, postage prepaid to the owner of the property, and, if known, the owner of the sign.
After the periods specified in paragraphs (1) and (2) above, the Building Division may cause such sign to be removed, and the cost of such removal shall become a lien against the property.
If a hazardous condition exists, the condition shall be corrected forthwith upon notice by the Building Division.
If an appeal is received prior to the date specified in the notice, abatement proceedings shall be suspended, and any deadlines shall be suspended, pending the outcome of such appeal.
Item No. 34.
CITY COUNCIL AGENDA – OCTOBER 7, 2025
SUBJECT: Selection of Name for New Park and Recreation Center SOURCE: Parks and Leisure Services
COMMENT: At its meeting on May 1, 2025, the Parks and Leisure Services Commission recommended to the City Council that the naming process for the new Park and Recreation Center mirror the process used for Fallen Heroes Park, with the added requirement that each name submitted include the reason for its selection.
On July 15, 2025, the City Council directed staff to conduct a community survey to solicit potential name options, with all submissions reviewed by the Parks and Leisure Services Commission and a final list forwarded to the City Council for consideration. The Council also directed that names of individuals not be considered for the actual park and recreation center, although they may be considered in the future for rooms inside the facility.
Staff conducted a three-week name submittal period during which 127 names were received. Of these, 58 were names of individuals and eliminated per Council direction. Another 30 submissions were removed due to repetition or unsuitability for use as a facility title.
On September 4, 2025, the Parks and Leisure Services Commission reviewed the remaining names and selected its top five recommendations, which are presented for City Council consideration:
• Fourth Street Park and Recreation Center
• Porter Park and Recreation Center
• Henderson Park and Recreation Center
• Overland Park and Recreation Center
• Santa Fe Park and Recreation Center
RECOMMENDATION: That the City Council select a name for the new Park and Recreation Center from the list of recommended options.
Item No. 34.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Acting Deputy City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 35.
CITY COUNCIL AGENDA – OCTOBER 7, 2025
SUBJECT: Review of Proposed Charter Amendments
SOURCE: City Manager's Office
COMMENT: The Charter Review Committee (CRC) has prepared and submitted for Council consideration a list of proposed amendments to the Porterville City Charter.
These proposals were originally submitted by individual City Council members and compiled by the CRC into ballot-ready language for review.
The list includes 41 proposed amendments covering a wide range of topics, such as:
• Governance and Administration: council vacancies, council compensation, director performance reviews, and mayoral selection. • Fiscal Authority and Operations: procurement thresholds, selfperformance of road and public works, and infrastructure management.
• Public Rights and Protections: voter ID, citizen initiative protections, complaint filing requirements, emergency powers, and property protections.
• Policy and Regulatory Matters: code enforcement authority, sign ordinance updates, zoning, taxes, and business regulations.
The CRC also identified instances where overlapping proposals may be consolidated into a single ballot measure for efficiency and clarity.
For Council’s context, the attachment also includes the list of proposed Charter amendments from 2014, which were submitted to the voters but did not pass. Reviewing past voter sentiment may provide insight as Council considers which items to prioritize for future ballot measures.
There is no immediate fiscal impact associated with the Council’s discussion.
However, if amendments are advanced for placement on a future ballot, the City will incur election-related costs.
Item No. 35.
RECOMMENDATION: That the City Council:
1. Review the proposed Charter amendments as compiled by the Charter Review Committee;
2. Provide direction on which amendments should be prioritized for further review and potential ballot placement; and
3. Direct staff to proceed with any other actions that the City Council deems necessary.
ATTACHMENTS: 1. Proposed Amendments
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
SUGGESTIONS FOR AMMENDMENTS TO THE PORTERVILLE CITY CHARTER
1.) Should the Citizens vote to Amend the Charter to decentralize the City Attorney, allowing the city to litigate in specific litigation and retain other attorney services?
2.) Should the Citizens vote to Amend the Charter to deregulate code enforcement authority, and review all municipal city ordinances and policies?
3.) Should the Citizens vote to Amend the Charter to repeal/amend outdated ordinances, focusing on preventing weaponized enforcement?
4.) Should the Citizens vote to Add to the Charter a Legal Tender Freedom Clause to allow a charter provision recognizing gold and silver as constitutional money within Porterville and protecting the voluntary use of such mediums of exchange between private parties and in city transactions?
5.) Should the Citizens vote to Add to the Charter No Local Tax on Gold/Silver Use?
6.) Should the Citizens vote to Add to the Charter a Property Protection & Anti-institutional Land Grab Clause to prohibit the purchase of residential property by institutional investors, hedge funds, and out-of-area entities unless for primary residence use or public benefit?
7.) Should the Citizens vote to Amend the Charter to include specific provisions regarding Emergency Powers & Local Autonomy Safeguard, that limit the suspension of civil liberties or business operations during declared emergencies without supermajority council approval and public notice within 72 hours?
8.) Should the Citizens vote to Amend the Charter to review the permit process?
9.) Should the Citizens vote to Amend the Charter to review the state CBC that allows local governments authority to regulate?
10.) Should the Citizens vote to Add to the Charter a provision for the ability to file a grievance complaint in person?
11.) Should the Citizens vote to Add to the Charter to review Pre and Post letters of application to amend local ordinances?
12.) Should the Citizens vote to Add to the Charter to review C train ordinances?
13.) Should the Citizens vote to Add to the Charter to review the 2014 pre ordinance city ordinance on enforcement of C trains?
14.) Should the Citizens vote to Add to the Charter to review sewage rates?
15.) Should the Citizens vote to Amend the Charter to review zoning development?
16.) Should the Citizens vote to Amend the Charter to review business regulations?
17.) Should the Citizens vote to Amend the Charter to review the sign ordinance? Should the Citizens vote to Amend the Charter to review local taxes with the goal of lowering taxes?
18.) Should the Citizens vote to Add to the Charter to address enforcement and review of limited smoke shops in the area?
19.) Should the Citizens vote to Amend the Charter to include a Citizens’ Initiative Protection Clause, guaranteeing that citizen-led initiatives (petitions, ordinances, referendums) cannot be overturned or stalled by council without public vote or a court challenge proving constitutional conflict, often requiring a four-fifths (4/5) vote of the city council members for implementation of a 4/5 vote?
20.) Should the Citizens vote to Amend the Charter to allow for the implementation of Porterville City Charter to self-perform road work maintenance within the city limits?
21.) Should the Citizens vote to Add to the Charter a provision to eliminate anonymity on municipal code complaints that do not pose an imminent danger of life or fire hazard?
22.) Should the Citizens vote to Add to the Charter a requirement for an ID in person to file complaints (deemed Municipal Codes-infraction)?
23.) Should the Citizens vote to Amend the Charter to streamline Infrastructure Development and Management Improvements?
24.) Should the Citizens vote to Amend the Charter to review and repeal/amend parts of section 300 of the sign ordinance?
25.) Should the Citizens vote to Amend the Charter to increase the procurement threshold from five thousand dollars ($5,000) to fifty thousand dollars ($50,000)?
26.) Should the Citizens vote to Maintain the existing Charter structure by not supporting a strong mayor form of government?
27.) Should the Citizens vote to Maintain the existing Charter provisions regarding changes to the structure or amount allocated for individual Council Discretionary funding?
28.) Should the Citizens vote to Amend the Charter to eliminate appointments for vacancies, requiring all vacancies to be filled by voters?
29.) Should the Citizens vote to Add to the Charter a provision that all directors' employment be subject to council performance reviews?
30.) Should the Citizens vote to Amend the Charter regarding Council Compensation to adopt a provision to use state law formula for basic City Council compensation, and nominate allowances for necessary business needs to allow a simple approach for basic compensation for serving on Council and encourage leaders in lower socioeconomic status?
31.) Should the Citizens vote to Amend the Charter to specify that Council members shall be reimbursed for ordinary and routine expenses and costs imposed upon them by virtue of their service in their official capacities for the City, not to exceed Amount to be Determined per month, and the amount shall be reimbursed monthly at the Consumer Price Index for All Urban Consumers, all items, published by the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles Metropolitan area, with such allowance not accounted for the recipient?
32.) Should the Citizens vote to Amend the Charter to specify that other amounts expended or incurred for reimbursement or otherwise paid in accordance with the City Council's adopted policies?
33.) Should the Citizens vote to Add to the Charter a requirement for Voter ID?
34.) Should the Citizens vote to Amend the Charter to mandate that for Special Elections, there shall be no more special selections for city council if there is a vacancy in a council seat, requiring a special election to fill the vacancy?
35.) Should the Citizens vote to Amend the Charter to grant the Council the ability to hire and fire all directors with a four-fifths (4/5) vote with reason, or five votes without reason?
36.) Should the Citizens vote to Amend the Charter to give the power for the people to elect the Mayor, not a Strong Mayor format, allowing the people to decide who that voice is via special election if necessary?
37.) Should the Citizens vote to Amend the Charter to allow the City to self-perform street maintenance, giving city public works the ability to maintain local roads?
38.) Should the Citizens vote to Amend the Charter to increase the Procurement Threshold from the current five thousand dollars ($5,000) to at least ten thousand dollars ($10,000), or a more appropriate amount that reflects modern purchasing practices and improves operational efficiency?
39.) Should the Citizens vote to Amend the Charter's City Manager Residency Requirement to allow greater flexibility, specifically considering nearby communities such as Springville, Strathmore, and Terra Bella as acceptable alternatives to living within the city limits?
40.) Should the Citizens vote to Amend the Charter to update the Voting Process to reflect the City's current districtbased voting process for City Council elections, rather than the outdated at-large system that is still referenced?
41.) Should the Citizens vote to Amend the Charter to make it clear that the City is able to perform public facility and infrastructure maintenance and repair work with its own forces, to the fullest extent permitted by the California Constitution under Charter Cities' home rule and police powers, clarifying that the City is not bound by Public Works Contract monetary restrictions when doing work with its own forces or other statutory restrictions like the limitations on the number of inches of asphalt that qualify as road "maintenance." The Charter Committee could even consider taking the provision beyond maintenance and repair and into actual "capital improvement" territory to the extent that City isn't otherwise restricted by California Constitutional law?
SUGGESTIONS FOR AMMENDMENTS TO THE PORTERVILLE CITY CHARTER THAT ARE
SIMILAR IN CONTEXT
20.) Should the Citizens vote to Amend the Charter to allow for the implementation of Porterville City Charter to self-perform road work maintenance within the city limits?
37.) Should the Citizens vote to Amend the Charter to allow the City to self-perform street maintenance, giving city public works the ability to maintain local roads?
41.) Should the Citizens vote to Amend the Charter to make it clear that the City is able to perform public facility and infrastructure maintenance and repair work with its own forces, to the fullest extent permitted by the California Constitution under Charter Cities' home rule and police powers, clarifying that the City is not bound by Public Works Contract monetary restrictions when doing work with its own forces or other statutory restrictions like the limitations on the number of inches of asphalt that qualify as road "maintenance." The Charter Committee could even consider taking the provision beyond maintenance and repair and into actual "capital improvement" territory to the extent that City isn't otherwise restricted by California Constitutional law? (Suggestions 20; 37; and 41 above are similar in nature, and could be accommodated in a single ballot measure.)
21.) Should the Citizens vote to Add to the Charter a provision to eliminate anonymity on municipal code complaints that do not pose an imminent danger of life or fire hazard?
22.) Should the Citizens vote to Add to the Charter a requirement for an ID in person to file complaints (deemed Municipal Codes-infraction)?
(Suggestions 21 and 22 above are similar in nature, and could be accommodated in a single ballot measure.)
25.) Should the Citizens vote to Amend the Charter to increase the procurement threshold from five thousand dollars ($5,000) to fifty thousand dollars ($50,000)?
38.) Should the Citizens vote to Amend the Charter to increase the Procurement Threshold from the current five thousand dollars ($5,000) to at least ten thousand dollars ($10,000), or a more appropriate amount that reflects modern purchasing practices and improves operational efficiency? (Suggestions 25 and 38 above are similar in nature, and could be accommodated in a single ballot measure, or multiple ballot measures, each with a different procurement limit.)
26.) Should the Citizens vote to Maintain the existing Charter structure by not supporting a strong mayor form of government?
36.) Should the Citizens vote to Amend the Charter to give the power for the people to elect the Mayor, not a Strong Mayor format, allowing the people to decide who that voice is via special election if necessary? (Suggestions 26 and 36 above are similar in nature, and could be accommodated in a single ballot measure, or multiple ballot measures if necessary.)
27.) Should the Citizens vote to Maintain the existing Charter provisions regarding changes to the structure or amount allocated for individual Council Discretionary funding?
30.) Should the Citizens vote to Amend the Charter regarding Council Compensation to adopt a provision to use state law formula for basic City Council compensation, and nominate allowances for necessary business needs to allow a simple approach for basic compensation for serving on Council and encourage leaders in lower socioeconomic status?
31.) Should the Citizens vote to Amend the Charter to specify that Council members shall be reimbursed for ordinary and routine expenses and costs imposed upon them by virtue of their service in their official capacities for the City, not to exceed Amount to be Determined per month, and the amount shall be reimbursed monthly at the Consumer Price Index for All Urban Consumers, all items, published by the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles Metropolitan area, with such allowance not accounted for the recipient?
32.) Should the Citizens vote to Amend the Charter to specify that other amounts expended or incurred for reimbursement or otherwise paid in accordance with the City Council's adopted policies? (Suggestions 27; 30; 31; and 36 above are similar in nature, and could be accommodated in a single ballot measure, or multiple ballot measures if necessary.) *SPECIAL NOTE: The Charter currently specifies council member compensation at $20.00 per Council Member per meeting, and $25.00 for the Mayor per meeting, and additionally allows for reimbursement for certain necessary expenses. SB329, Effective January 1, 2024 established maximum council compensation through Government Code Section 36516, based on population, currently the City of Porterville falls into Section 36516(2)(D) which allows a maximum of $1,900 per month.
28.) Should the Citizens vote to Amend the Charter to eliminate appointments for vacancies, requiring all vacancies to be filled by voters?
34.) Should the Citizens vote to Amend the Charter to mandate that for Special Elections, there shall be no more special selections for city council if there is a vacancy in a council seat, requiring a special election to fill the vacancy? (Suggestions 28 and 34 above are similar in nature, and could be accommodated in a single ballot measure.)
29.) Should the Citizens vote to Add to the Charter a provision that all directors' employment be subject to council performance reviews?
35.) Should the Citizens vote to Amend the Charter to grant the Council the ability to hire and fire all directors with a four-fifths (4/5) vote with reason, or five votes without reason? (Suggestions 29 and 35 above are similar in nature, and could be accommodated in a single ballot measure.)
SELECTED BALLOT MEASURES WITH VOTING RESULTS FROM THE LAST PORTERVILLE CITY CHARTER AMMENDMENT PROCESS…JUNE 3, 2014
Measure L – CITY OF PORTERVILLE Should the Charter be amended to make certain technical, non-substantive revisions which do not materially alter, increase or decrease the home rule powers of the City of Porterville? YES VOTES: 1,960……….NO VOTES: 1,993……….X-FAILED
Measure R - CITY OF PORTERVILLE Should the Charter be amended to provide that the City has the power to perform public projects, improvements, and repairs using its own forces, regardless of cost, and to provide that the City Council may, only in cases of emergency including circumstances resulting in imminent threat to public health and/or safety, by 4/5 majority vote, proceed without otherwise adhering to competitive bidding requirements? YES VOTES: 1,612……….NO VOTES: 2,447……….X-FAILED
Measure S - CITY OF PORTERVILLE Should the Charter be amended to raise the bid limit to $50,000.00, concerning public projects subject to competitive bidding, with further restrictions considered by the Council annually? YES VOTES: 1,738……….NO VOTES: 2,277……….X-FAILED
Measure U - CITY OF PORTERVILLE Should the Charter be amended to require that leases of City property may be terminated by the City upon advance notice equivalent to either 30 days or a maximum of 5% of the total lease term period but not including option periods, and upon paying the lessee market value of improvements as set forth, and clarifying that these requirements shall not apply to month-to-month, or State or Federal, leases? YES VOTES: 1,937……….NO VOTES: 1,980……….X-FAILED
Measure W - CITY OF PORTERVILLE Should the Charter be amended to provide that council members shall receive compensation equivalent to the hourly California State Minimum Wage, as from time-totime may be adjusted by State law and then by ordinance, for all meetings attended by the members as approved by the City Council, with compensation only becoming effective upon commencement of each council-member’s new term and subject to any other applicable statutory or constitutional restrictions? YES VOTES: 1,577……….NO VOTES: 2,413……….X-FAILED
END