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

RESOLUTION NO. _____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE ADOPTING A MITIGATED NEGATIVE DECLARATION (SCH NO. 2025101555) FOR THE VILLAS AT WINDING CREEK RESIDENTIAL DEVELOPMENT (PRC 2025-006)
WHEREAS: Smee Homes, LLC (Applicant), has submitted to the City of Porterville, the Villas at Winding Creek Residential Development Project (Project), consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately

8.76± acres into 32 lots and a remainder parcel of approximately 2.31 acres. The Project also proposes approximately 9,241 square feet of open space including a 10-foot-wide trail, and a 12- foot-wide service road along the north side of Poplar Ditch. The Project Site is located along the Poplar Ditch between Wisconsin Street and South Indiana Street (APN 268-100-008; Site); and WHEREAS: the Project also includes the construction of interior streets, landscaping, public utilities, and improvements of all streets in or adjacent to the subdivision; and WHEREAS: the aforementioned activities, individually and collectively, constitute 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: the City has prepared an Initial Study pursuant to the provisions of CEQA and the CEQA Guidelines; and
WHEREAS: the Initial Study indicated the potential for significant effects in the resource areas of Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources; and
WHEREAS: the Initial Study concluded that with implementation of mitigation measures, all potentially significant effects resulting from the Project can be mitigated to a less-thansignificant level, and that adoption of a Mitigated Negative Declaration would be appropriate; and
WHEREAS: pursuant to Public Resources Code Section 21080.3.1, on or about August 5, 2025, the City conducted consultations for the Project with the California Native American Tribes from the list provided and maintained by the Native American Heritage Commission. One response was received from the Table Mountain Rancheria dated August 14, 2025, stating that the Project site is beyond their area of interest. No other responses were received; and WHEREAS: on October 31, 2025 a Notice of Intent to adopt a Mitigated Negative Declaration was published in The Porterville Recorder and was filed with the Tulare County Clerk and the State Clearinghouse and posted at City Hall and on the City’s website, said notice Resolution No. ______-2025

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identifying a public review and comment period of 30 days starting on October 31, 2025 and ending on November 30, 2025; and
WHEREAS: the Draft Initial Study - Mitigated Negative Declaration (IS/MND) was filed with the State Clearinghouse, assigned a State Clearinghouse number (2025101555), and circulated for a period of 30 days starting on October 31, 2025, and ending on November 30, 2025; and
WHEREAS: on November 21, 2025, a notice was published in The Porterville Recorder setting the date, time and place of public hearing for December 2, 2025, and similar notices were sent to owners of property within a 300-foot radius surround the Site and posted at City Hall and the City’s website announcing the same; and
WHEREAS: at a regular meeting on December 2, 2025, the City Council of the City of Porterville did conduct a public hearing to consider the Project; and WHEREAS: the City Council has received the IS/MND and has reviewed and considered the information contained therein; and
WHEREAS: the City Council has considered public testimony received during the public hearing; and
WHEREAS: the City Council finds that the IS/MND has been completed in compliance with CEQA and the CEQA Guidelines; and
WHEREAS: the determinations in the IS/MND consist of the City Council’s independent judgement and analysis; and
WHEREAS: based upon the IS/MND and the record, with incorporation of mitigation the Project will not individually or cumulatively have an adverse impact on environmental resources; and
WHEREAS: the City of Porterville is the custodian of the documents and other materials that constitute the record of the proceedings on which these determinations are based, and Porterville City Hall, 291 N. Main Street, Porterville, CA is the location of this record.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does hereby adopt the IS/MND prepared for the Villas at Winding Creek Residential Development Project.

BE IT FURTHER RESOLVED that the Mitigation Monitoring and Reporting Program attached hereto shall be implemented as noted therein as part of project implementation.

BE IT FURTHER RESOLVED the City Manager shall cause a Notice of Determination to be filed in accordance with CEQA within five business days following project approval.

Resolution No. ______-2025

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PASSED, APPROVED, AND ADOPTED this 2nd day of December, 2025. __________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: ________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk

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RESOLUTION NO. ____-2025

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

CONDITIONAL USE PERMIT TO AUTHORIZE REDUCED AREA AND LOT DIMENSIONS FOR THE

TENTATIVE SUBDIVISION MAP FOR VILLAS AT WINDING CREEK RESIDENTIAL DEVELOPMENT (PRC 2025-006-C)
WHEREAS: Smee Homes, LLC (Applicant), has submitted to the City of Porterville, the Villas at Winding Creek Residential Development Project (Project), consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately

8.76± acres into 32 lots and a remainder parcel of approximately 2.31 acres. The Project also proposes approximately 9,241 square feet of open space including a 10-foot-wide trail, and a 12- foot-wide service road along the north side of the Poplar Ditch. The Project site is located along the Poplar Ditch between Wisconsin Street and South Indiana Street (APN 268-100-008; Site); and
WHEREAS: the Site is within the RS-2 (Low Density Residential) Zone District, which identifies a 6,000-square-foot minimum lot size and a 60-foot minimum lot width; and WHEREAS: the applicant has requested a reduction of the minimum lot size to 3,000 square feet and of the minimum lot width to 50 feet; and WHEREAS: Development Code, Section 201.4(C) allows for smaller lots with a minimum lot size of 3,000 square feet and a minimum lot width of 35 feet in the RS-2 Zone District, subject to approval of a Conditional Use Permit; and
WHEREAS: on November 21, 2025, a notice was published in The Porterville Recorder setting the date, time, and place of a public hearing for December 2, 2025 and similar notices were sent to owners of property within a 300-foot radius surrounding the Site, and posted at City Hall and the City’s website announcing the same; and
WHEREAS: at a regular meeting on December 2, 2025, the Porterville City Council did conduct a public hearing to consider the Project; and
WHEREAS: the City Council has considered public testimony received during the public hearing; and
WHEREAS: the proposed action consists of issuance of a permit or entitlement for use and therefore constitutes a “project” pursuant to the California Environmental Quality 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 Resolution No. ____-2025

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WHEREAS: via adoption of Resolution No. _____-2025, the City Council has adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS: The City Council has made the following findings, pursuant to Porterville Development Code, Section 604.04 Required Findings, the evidence for said findings substantiated in the record:

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

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville approves a Conditional Use Permit for the Villas at Winding Creek Residential Development Project authorizing a minimum lot size of 3,000 square feet and a minimum lot width of 50 feet.

PASSED, APPROVED, AND ADOPTED this 2nd day of December, 2025. __________________
Greg Meister, Mayor
ATTEST:

Rich Tree, City Clerk
By: _______________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk

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RESOLUTION NO. _____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE CONTAINING FINDINGS IN

SUPPORT OF APPROVAL OF THE TENTATIVE SUBDIVSION MAP FOR THE VILLAS AT WINDING CREEK RESIDENTIAL DEVELOPMENT (PRC 2025-006-S)
WHEREAS: Smee Homes, LLC (Applicant), has submitted to the City of Porterville, the Villas at Winding Creek Residential Development Project (Project), consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately

8.76± acres into 32 lots and a remainder parcel of approximately 2.31 acres. The Project also proposes approximately 9,241 square feet of open space including a 10-foot-wide trail, and a 12- foot-wide service road along the north side of the Poplar Ditch. The Project site is located along the Poplar Ditch between Wisconsin Street and South Indiana Street (APN 268-100-008; Site); and
WHEREAS: the Project also includes construction of interior streets, landscaping, public utilities, and improvements of all streets in or adjacent to the subdivision; and WHEREAS: on October 31, 2025, a Notice of Intent to adopt a Mitigated Negative Declaration was published in The Porterville Recorder and was filed with the State Clearinghouse and posted at City Hall and on the City’s website, said notice identifying a public review and comment period of 30 days starting on October 31, 2025, and ending on November 30, 2025; and
WHEREAS: on November 21, 2025, a notice was published in The Porterville Recorder setting the date and time, and place of a public hearing for December 2, 2025, and similar notices were sent to owner of property within a 300-foot radius surrounding the Site, and posted at City Hall and the City’s website announcing the same; and
WHEREAS: at a regular meeting on December 2, 2025, the Porterville City Council did conduct a public hearing to consider the Project; and
WHEREAS: the City Council has received testimony from all interested parties relative to the proposed Project; and
WHEREAS: the proposed action consists of issuance of a permit or entitlement for use and therefore constitutes a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and WHEREAS: the Site is zoned RS-2, Low Density Residential; and Resolution No. _______-2025
WHEREAS: via adoption of Resolution No. ____-2025, the City Council has adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS: Via Resolution No. ____-2025, the City Council has approved a Conditional Use Permit authorizing a minimum lot size of 3,000 square feet and a minimum lot width of 50 feet for the Project; and
WHEREAS: Approval of the aforementioned entitlements would further the goals and objectives of the General Plan; and
WHEREAS: The City Council has made the following findings pursuant to Development Code Section, 400.04, the evidence for said findings substantiated in the record:

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

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

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

4. The site is physically suitable for the proposed density of development.

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

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

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

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve the Tentative Subdivision Map for the Villas at Winding Creek Residential Development Project (PRC 2025-006-S) subject to the following conditions:

1. The proposed project shall comply with the Porterville Municipal Code, Chapter 21 Development Ordinance and conditions from the Project Review Committee (PRC) meeting held on February 12, 2025, and as outlined in the Project Review Committee letter for PRC 2025-006.

2. The developer/applicant shall comply with Section 201.04(C) of the Porterville Development Ordinance (PDO).

3. Unless otherwise noted, the developer/applicant shall comply with the City Master Plans and Standard Drawings, Standard Specifications for Public Works Construction, and Standard Plans and Specifications, except where they are in conflict with current access compliance regulations, the current California Building Code, the Tulare County Hazardous Waste Management Plan, the California Manual on Uniform Traffic Control Resolution No. _______-2025
Devices, the Porterville Circulation Element, and the Tulare County Congestion Management Program.

4. The developer/applicant shall pay all applicable fees according to the Municipal Code and State law. The developer/applicant is hereby notified that you have the right to pay fees, dedications, reservations or other exactions, under protest, pursuant to Government Code Section 66020(a). You have 90 days from the date fees are paid to file a written protest.

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

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

7. The developer/applicant shall submit a tentative subdivision map that complies with Section 402.02 of the adopted Development Ordinance. Approval of tentative subdivision maps are contingent upon satisfying the applicable provisions of the required form and content.

8. The developer/applicant shall comply with the City Flood Damage Prevention Ordinance No. 1777 in all areas of special flood hazards (i.e., Zones A, AE, AH, AO, AR or A99) and the requirements of the Central Valley Flood Protection Board, where applicable. a. A preliminary elevation certificate shall be provided to the City prior for review prior to the foundation forms inspection being scheduled. b. A final elevation certificate shall be provided to the City prior to the final inspection (or any type of occupancy inspection) is scheduled.

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

10. The developer/applicant shall prepare an Engineer's Report for the establishment of the assessments in order to provide for ongoing maintenance of the subdivision improvements to be included in the Lighting and Landscape Maintenance District. The Lighting and Landscape Maintenance District shall be established, or annexation into an existing District shall be concluded and landscape and lighting improvements shall be completed and accepted concurrently with the other improvements in the project.

11. Exclusive of assessments for a Lighting and Landscape Maintenance District, the developer/applicant shall pay all service fees and maintain all new lighting and landscape improvements in a safe and healthy manner for the greater of a minimum ninety-day plant Resolution No. _______-2025
establishment period following acceptance of the subdivision improvements, or until assessment begins for the Lighting and Landscape Maintenance District.

12. The developer/applicant shall cause all unnecessary easements to be vacated prior to or in conjunction with the Final Map processing.

13. The developer/applicant shall provide and show all required utility easements on the Final Map.

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

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

16. The developer/applicant shall coordinate with the U.S. Postal Service regarding the kind of mail facilities that will be utilized. If neighborhood box units (NBUs) are to be used, construct sidewalks in a timely manner to facilitate NBU installation.

17. In accordance with Series 400, Section 407.02 (g) or (h) of the Development Ordinance, the developer/applicant shall enter into an agreement that provides for completion of improvements within twelve (12) months of the Final Map acceptance.

18. Prior to recording the final subdivision map, the developer/applicant shall provide surety for off-site improvements and provide easements, permits, calculations, etc. if, in the opinion of the City Engineer, they are needed for the proper functioning or phasing of the subdivision (e.g., water, sewer, drainage, etc.). All on-site improvements shall be constructed or covered by an appropriate surety. The developer/applicant shall stub Resolution No. _______-2025
improvements to the property line if, in the opinion of the City Engineer, they will be needed for connection to development on the adjacent property.

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

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

21. The developer/applicant shall dedicate right-of-way for a street width that matches the ultimate width in the adopted Land Use and Circulation Element and/or the width established by the City Council, and dedication of required property for accessible ramp(s), sidewalk, etc. The developer/applicant shall construct street improvements that comply with the intention of the adopted Development Ordinance and per the details below:
a. The right of way width for local streets shall be fifty-six (56) feet wide with 4.5’ of landscaped parkway behind the curb and a 5’ offset sidewalk. b. Indiana Street is designated as an arterial in the Circulation Element, but due to the existing configuration north of Gibbons Avenue, the street width shall be forty (40) feet from curb-to-curb plus a 4.5’ foot landscaped parkway, 5-foot offset sidewalk, and 6-foot landscape easement to include a block wall. c. Total area of dedication to be determined by a licensed surveyor.

22. Prior to recording the final subdivision map, the developer/applicant shall provide improvements by the method indicated below:
a. Pursuant to Section 66411.1(b) of the Government Code, the developer applicant shall construct curbs, gutters, sidewalks, curb returns per City Standards, sewer laterals, water services, fire hydrant relocation, street lights, connecting pavement along the full frontage of the proposed land division parcels. Additional improvements include a functional drainage system, connection of existing house to City’s sewer system, abandonment of existing septic system(s), well abandonment (if any and not incompliance with the City’s Backflow Ordinance), curing of leaks in irrigation lines (if any), and other improvements necessary for public health and safety, except where they exist to Federal, State, and City standards and are in good condition in the opinion of the City Engineer.

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

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

Resolution No. _______-2025

25. The developer/applicant shall provide a Soils Report in conformance with Chapter 18 of the current California Building Code. The Soils Report shall include R-Value testing, expansion indexes, etc. where required for the construction of public improvements.

26. The developer/applicant shall submit design master plans consisting of combined grading & drainage and sewer & water utilities to ensure the proper functioning and/or phasing of the development. The developer/applicant shall construct drainage facilities as required to serve the property (Ord. No. 1306). A minimum amount of runoff must be contained onsite per the State’s MS4 requirements. Drainage calculations must be submitted to verify that onsite drainage area/s will capture necessary runoff. The site shall be designed to convey water to the City drainage system without crossing driveways. The developer/applicant is required to install a sidewalk channel drain at the low side of the driveway, where applicable.
a. A pipeline shall be installed from the Poplar Ditch to the City’s drainage basin for recharge purposes along the west property line of the subdivision, within the Wisconsin Street right of way.

27. The developer/applicant shall construct and/or repair street, curb, gutter, sidewalk, etc. along the full parcel frontage, except where they exist and are determined to be in good condition and in compliance with current accessibility standards in the opinion of the City Engineer (Ord. No. 1306).

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

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

30. The developer/applicant is hereby notified that the installation of an additional water meter(s), servicing the irrigation system, requires a double backflow prevention device per City standards.

31. The developer/applicant shall design on-site water systems meeting the requirements of the current California Plumbing and Fire Codes. It shall be noted that the City water system complies with Title 22 of the California Administrative Code and any assurance to effectively provide water pressure for multi-story buildings is the sole responsibility of the owner/builder.

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

33. The developer/applicant shall move existing utility structures (i.e., poles, splice boxes, vaults, etc.) to a position that provides a minimum of four feet (4') of clear space in the Resolution No. _______-2025
sidewalk area and a minimum of two feet (2') of clear space from the curb face to the structure, unless the utility structures are below grade (Title 24 DSA).

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

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

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

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

38. The developer/applicant shall not allow onsite runoff or debris outside of the limits of the property during construction. Applicable best management practices (BMPs) shall be implemented to protect the City’s drainage system and inhibit vehicle track-out onto City streets. The improvement plans shall show the location of BMPs and areas designated for erosion and waste control. The developer/applicant shall remove and properly dispose of waste and spills deposited in the project area.

39. The developer/applicant is advised that they are obligated to comply with the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for discharge of Storm Water Associated with construction activity (except operations that result in disturbance of less than one acre of total land area and which are not a part of a larger common plan of development or sale). Before construction begins the proponent must:
a. Submit a Notice of Intent (NOI) to comply with the permit, a site map, and appropriate fee to the State Water Resources Control Board (SWRCB). b. Prepare a Storm Water Pollution Prevention Plan (SWPPP) for the entire project before construction begins. The SWPPP must contain, at a minimum:

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

Resolution No. _______-2025

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

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

40. The project shall comply with all applicable codes.

41. Fire hydrants shall be placed based on distance, no greater spacing than 500’ for residential applications.

42. Fire hydrants shall be on a looped system.

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

44. Maintain two points of entry/exit for Fire Department access

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

46. Residential trash service will be acceptable for each lot.

PASSED, APPROVED, AND ADOPTED this 2nd day of December, 2025. ___________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: ______________________________________
Fernando Gabriel- Moraga,
Chief Deputy City Clerk
Item No. 8.

CITY COUNCIL AGENDA – DECEMBER 2, 2025
SUBJECT: Krayola Korner Modification of Conditional Use Permit SOURCE: Community Development
COMMENT: The Krayola Korner Day Care currently operates at 420 N. E Street (APN 252- 160-006). The use was originally authorized by Conditional Use Permit (CUP) 10-88, which was approved in 1989 by adoption of Resolution 11-89 and authorized the operation of a childcare facility within the existing single-family residential structure on the site. Per the conditions of the Fire Marshal, activities were limited to the first floor of the structure. The 545-square-foot (SF) accessory structure at the rear of the property was modified later in 1989 for use as a classroom. While that expansion should have required a modification of the CUP, it was approved via a building permit.

The applicant is now proposing an expansion of the main building by adding a 300 SF kitchen, a 392 SF balcony, and a 392 SF patio. The project would include an expansion of the existing Accessory Structure by 925 SF to include additional classroom space, breakroom, and restrooms, bringing the total area of that structure to 1,422 SF. The Project Review Committee reviewed the proposed expansion on September 10, 2025, and determined that the expansion is subject to a modification of CUP 10-88. Under current provisions, the use falls within the definition of “Day Care Center”:

Day Care Centers. Establishment providing nonmedical care for persons on a less than 24-hour basis other than a Family Day Care Home. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.

Since Day Care Centers are no longer identified as a permitted use in the RM-3 (High Density Residential) Zone District, the use is considered nonconforming, and any expansion will require the City Council to classify the nonconforming use to determine whether to permit substitution or expansion. As outlined in the Porterville Development Ordinance Section 307.06 Classification of Nonconforming Uses, the classification may be either a Class I or Class II.

Class I. Class I nonconforming uses are designated by the City Council following a public hearing and based on findings that:

Item No. 8.

1. The existing nonconforming use was legally established. The use was lawfully established by action of the City Council on January 3, 1989, via adoption of Resolution No. 11-89, which approved Conditional Use Permit 10-88 for a childcare facility within an existing residential structure at 420 N. E Street (APN 252-160-006).

2. The proposed expansion or substitution of the nonconforming use would not be detrimental to public health, safety, or welfare. The proposal consists of minor expansion to an existing day care facility.

The project is required to comply with City requirements related to zoning, public facilities, services, and utilities, and improvement standards. These mechanisms are intended to minimize effects of development on nearby properties and uses.

3. The proposed expansion or substitution would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable adopted City Plan. The RM-3 zone is the implementing zone for the High-Density Residential Land Use Designation. Via the procedure established in Development Ordinance Section 307.06, the Council may classify a use as nonconforming and thereby allow for its expansion. The proposed expansion is therefore consistent with the General Plan. There is no other applicable plan.

4. The proposed use will not depress the value of nearby properties. The proposed use consists of a minor expansion of an existing use. Child care facilities such as the existing/proposed facility are generally compatible with residential uses. The use would be required to comply with all applicable City requirements, and would not negatively affect property values.

5. No useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform. Strict application of the Development Ordinance would result in the existing facility, without expansion, simply continuing to operate as an unclassified nonconforming use.

Class II. Class II nonconforming uses include any legally established nonresidential use that involves the following:

1. Storage, use, or generation of hazardous materials, processes, products, or wastes;

2. Activity that may be detrimental to public health and safety because of the potential to create dust, glare, heat, noise, noxious gases, odor, smoke, vibration;

3. Conditions that would be incompatible with surrounding uses; or

4. Any nonconforming Sexually Oriented Business.

Item No. 8.

The findings for Class II Nonconforming Use do not apply.

Further, the requested building size of 1,422 SF is 222 SF above the maximum allowed size for accessory structures within residential districts. The Zoning Administrator has the authority to consider allowances to this limitation.

ANALYSIS: The nonconforming day care use falls within the criteria of the Class I nonconforming classifications, so the Council may take action accordingly.

The expansion of the accessory structure beyond 1,200 SF may be permitted pursuant to City Council discretion. Previous accessory structure Zoning Administrator approvals have been allowed up to 1,800 SF.

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

1. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the general plan and any other applicable plan that the city has adopted. The project will further the following General Plan policies:
o LU-G-1: Promote a sustainable, balanced land use pattern that responds to existing needs and future needs of the city. o LU-G-3: Promote sustainability in the design and development of public and private development projects.
o LU-G-5: Ensure that new development pays for the public facilities and infrastructure improvements required to meet the demands resulting from that growth.
o ED-G-2: Retain, improve, and promote existing businesses in Porterville.
o ED-G-5: Retain existing local businesses and foster local startups. o ED-G-7: Create an image for Porterville that will attract and retain economic activity.

There is no other applicable plan.

2. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the general plan, this development ordinance and with any other applicable plan adopted by the city council. While the existing/proposed use is no longer a permitted or conditionally-permitted use in the RM-3 zone, Council action to classify the use as a Class I Nonconforming use then authorizes expansion or modification of that nonconforming use via conditional use permit. The use and structures are required to comply with all other applicable provisions of the RM-3 zone, which is the Item No. 8.
implementing zone for the High-Density Residential Land Use and are therefore consistent with the General Plan.

ENVIRONMENTAL: The proposed project is exempt from the California Environmental Quality Act per CEQA Guidelines Section 15301 (Existing Facilities), as it involves the expansion of an existing use by not more than 10,000 SF in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and it is not in an environmentally sensitive area. A Notice of Exemption will be filed with the Tulare County Clerk and the State Clearinghouse if the Council approves the project.

RECOMMENDATION: That the City Council:

1. Hold a public hearing to receive comments on the Krayola Korner CUP Modification;

2. Find that the proposed project is exempt from CEQA under CEQA Guidelines Section 15301;

3. Classify the existing Day Care as a Class I Nonconforming Use; and

4. Adopt the draft resolution approving the modification to Conditional Use Permit 10-88 for Krayola Korner, subject to conditions of approval.

ATTACHMENTS: 1. Locator Map

2. Zoning Map

3. General Plan Land Use Map

4. Project Site Plan

5. Conditional Use Permit No. 10-88

6. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Page 1 of 3 ends

RESOLUTION NO.____-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A
MODIFICATION TO CONDITIONAL USE PERMIT 10-88 (RESOLUTION 11-89)

AND CLASSIFICATION OF A LEGAL NON-CONFORMING USE (CLASS I)

FOR KRAYOLA KORNER
WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of January 3, 1989, conducted a public hearing and approved a Conditional Use Permit 10-88 for a childcare facility at 420 N. E Street (APN 252- 160-006); and
WHEREAS: the applicant wishes to expand the existing main building and accessory structure to facilitate the addition of a kitchen, patio, balcony, classroom, a breakroom, and restrooms; and
WHEREAS: The existing and proposed use falls within the definition of “day care center”, which use is no longer permitted or conditionally-permitted in the RM3 zone district; and WHEREAS: pursuant to Porterville Development Ordinance Section 307.06, the Council may classify certain non-permitted uses as either Class I or Class II Nonconforming Uses subject to criteria; and
WHEREAS: A ten (10) day Public Hearing notice was posted of the Porterville Recorder on November 21, 2025, and mailed to the adjacent properties within a 300- foot radius of the subject site; and
WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of December 2, 2025, conducted a public hearing to consider approval of a Modification Conditional Use Permit 10-88 for expansion of use and classification of a legal non-conforming use; and
WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to this matter; and
WHEREAS: On November 12, 2025, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality act per CEQA Guidelines Section 15301 Existing Facilities; and WHEREAS: The City Council makes the following findings pursuant to Porterville Development Code Section 307.06 for a Class I Nonconforming Use, the evidence for said findings substantiated in the record:
1) The existing nonconforming use was legally established; Resolution No. ____-2025

Page 2 of 3 ends

2) The proposed expansion or substitution of the nonconforming use would not be detrimental to public health, safety, or welfare;
3) The proposed expansion or substitution would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable adopted City Plan;
4) The proposed use will not depress the value of nearby properties; and 5) No useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform.

WHEREAS: The City Council made the following findings pursuant to Porterville Development Code Section 604.04, the evidence for said findings substantiated in the record:

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

B. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the general plan, this development ordinance and with any other applicable plan adopted by the city council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville as follows:

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

2. The use of the site and structures as a day care facility is hereby classified as a Class I Nonconforming Use.

3. Conditional Use Permit 10-88 is hereby modified to allow expansion of the existing use as described in the record for this application.

4. The existing conditions of approval for Conditional Use Permit 10-88 shall remain in full force and effect unless expressly or impliedly superseded by approval of this modification. Any future change in operation which substantially alters the conditions or nature of the subject business will require approval by the City Council.

5. The development shall comply with the Porterville Municipal Code, Chapter 21 Development Code and conditions from the Project Review Committee (PRC) meeting held on September 10, 2025 and as outlined in the Project Review Committee (PRC) letter for PRC 2025-040.

Resolution No. ____-2025

Page 3 of 3 ends

6. The cumulative floor area for accessory structure shall not exceed 1422 square feet, as approved by the Zoning Administrator in conformance with Porterville Municipal Code (Development Code) Section 602.04.

PASSED, APPROVED AND ADOPTED this 2nd day of December, 2025.

Greg Meister, Mayor
ATTEST:

Rich Tree, City Clerk

BY ___________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 9.

CITY COUNCIL AGENDA – DECEMBER 2, 2025
SUBJECT: Adoption of an Ordinance Approving a Development Agreement Between the City of Porterville and Cannabis Express, Inc. for the Relocation of a Retail Cannabis Dispensary to 1432 W. Olive Avenue, Unit A
SOURCE: City Manager's Office
COMMENT: On March 18, 2025, the City Council approved the request from Premium Blossom (Cannabis Express, Inc.) to relocate its existing cannabis dispensary from 200 N. Main Street to 1432 W. Olive Avenue, Unit A. As part of that action, the City Council directed staff to prepare a Development Agreement and accompanying ordinance to allow Cannabis Express to begin the State of California licensing process for the new location.

Under Chapter 15, Article VII of the Porterville Municipal Code and Government Code Section 65864 et seq., a cannabis business must have an approved Development Agreement tied to the specific property where the activity occurs. Because Development Agreements run with the land, the prior agreement for the Main Street location cannot be transferred. Therefore, a new Development Agreement must be adopted by ordinance for the Olive Avenue site.

Cannabis Express will not operate from both locations. Once the State issues all required approvals and the Olive Avenue location is ready for operation, the existing Main Street location will cease operations, and the new Development Agreement will govern all activity moving forward.

The City Attorney has prepared a draft ordinance that attaches the new Development Agreement as Exhibit A and includes the required statutory findings. The ordinance also includes CEQA findings under CEQA Guidelines section 15303 New Construction or Conversion of Small Structures and 15301 Existing Facilities, with the tenant improvement work qualifying as categorically exempt. A public hearing is required prior to introduction of the draft ordinance.

RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing to receive public testimony Item No. 9.
regarding the proposed Development Agreement for the
relocation of Cannabis Express, Inc. to 1432 W. Olive Avenue, Unit A;

2. Introduce and waive the first reading of the draft ordinance approving the Development Agreement between the City of Porterville and Cannabis Express, Inc.; and

3. Direct staff to place the ordinance on a future agenda for second reading and adoption once formal ordinance numbering is assigned.

ATTACHMENTS: 1. Draft Development Agreement

2. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee Exempt per Government Code
§6103

COMMERCIAL CANNABIS DISPENSARY DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF PORTERVILLE AND
CANNABIS EXPRESS, INC. FOR RETAIL DISPENSARY AT 1432 W. OLIVE, UNIT A THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into this _____ day of_____________, 2025, (the “Execution Date”), by and between the CITY OF PORTERVILLE, a California municipal corporation (“City”) and PREMIUM BLOSSOM, also known as CANNABIS EXPRESS, INC. ("Owner"). City and Owner are sometimes referenced together herein as the “Parties.” In instances when a provision hereof applies to each of the Parties individually, either may be referenced as a “Party.” The Parties hereby jointly render the following statement as to the background facts and circumstances underlying thisAgreement:

RECITALS
WHEREAS, the State of California enacted California Government Code Sections 65864 et seq. (“Development Agreement Statutes”) to authorize municipalities to enter into development agreements with those having legal or equitable interests in real property to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development in connection with the development of real property within theirjurisdiction;
WHEREAS, the purpose of the Development Agreement Statutes is to authorize municipalities, in their discretion, to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations, to vest certain rights in the Owner, and to meet certain public purposes of the local government; WHEREAS, the City has adopted Municipal Code Article 609, establishing the procedures and requirements for the consideration of development agreements with theCity; 2 WHEREAS, Owners currently hold legal or equitable interest in real property considered in this Agreement which has a development area approximately 1,320 square feet located at 1432 W. Olive, Unit A, City of Porterville, State of California (the “Site”). The Site includes Assessor’s Parcel Number: 251-291-017, and is more fully described in Exhibit A and shown on the map in Exhibit B. Both exhibits being attached hereto and incorporated herein by this reference;
WHEREAS, presently, the owner and CEO of Premium Blossom, also known as Cannabis Express, Inc., Darin Garrett, owns the site/real property, and wishes to relocate his current licensed cannabis dispensary, located at 200 North Main Street, City of Porterville, to the above stated location for the purpose of commercial cannabis related activities, specifically the development and operation of a commercial cannabis dispensary. Such Commercial Cannabis facilities shall operate in accordance with all applicable provisions of Business and Professions Code §§26000-26231.2; California Health and Safety Code Safety Code §§ 11357-11362.9 and 11362.7- 11362.85; Revenue and Taxation Code §§ 34010-34021.5; Vehicle Code §§ 2429.7 and 23222; Water Code §§ 1831, 1847, and 13276; the City of Porterville Municipal Code as it applies to such facilities (collectively the “Applicable Cannabis Laws”), and all Resolutions and procedures adopted or authorized by the City in accordance with those laws and regulations.

Prior to operating a commercial dispensary Owner shall be required to obtain a Commercial Cannabis Permit from the City, and all related permits and licenses prior to the operation of same, pursuant to Chapter 15, Article VII and Chapter 21, Article 609 of the Porterville Municipal Code.

WHEREAS, Owner has obtained or will obtain a California State License issued, pursuant to Applicable Cannabis Laws, to operate a commercial storefront dispensary at the Site. The definition of "Property Owner" hereunder shall mean and refer to the fee simple owner of the property. The definition of “Owner” hereunder shall mean and refer to any authorized tenant of the Site to the extent such party holds or is covered by a Commercial Cannabis Permit; WHEREAS, Owner has applied to this City for a Commercial Cannabis Permit (hereinafter "CCP”) to conduct Commercial Cannabis Activities at the proposed site. No such activities are allowed or authorized without a Development Agreement, a Commercial Cannabis Permit, and all requirements pursuant to the above-referenced City regulations.

WHEREAS, Owner presently intends to develop and open a commercial storefront dispensary on the Site consistent with the Applicable Cannabis Laws and Project Approvals (known as the “Project”).

WHEREAS, the Project will consist of: one commercial tenant space totaling approximately 1,320 square feet within an existing building.

WHEREAS, in 2019, Ordinance Nos. 1853 and 1854 came into effect authorizing specified Commercial Cannabis Activities within the City of Porterville, in strict compliance with related State of California laws, regulations and policies, under specified conditions and provisions; 3 WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have beensatisfied; WHEREAS, the City has given public notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to California Government Code §65867. The City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in City’s General Plan, zoning code and municipalordinances;
WHEREAS, the City, in entering into this Agreement, acknowledges that certain City obligations hereby assumed shall survive beyond the terms of the present Council members, that this Agreement will serve to bind City and future Councils to the obligations hereby undertaken, and that this Agreement shall limit the future exercise of certain governmental and proprietary powers of City. By approving this Agreement, the Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather than defer its actions to some undetermined future date. The terms and conditions of this Agreement have undergone extensive review by City and the Council and have been found to be fair, just and reasonable. City has concluded that the pursuit of the Project will serve the best interests of its citizens and that the public health, safety and welfare are best served by entering into this obligation. Owner(s) has represented to City that it would not consider or engage in the Project absent City approving this Agreement;
WHEREAS, the City agrees that Owner’s land use entitlements for the Project shall vest for the term of this Agreement as describedbelow;
WHEREAS, in conjunction with the City’s applicable ordinances and resolutions, the Zoning Administrator of the City reviewed, considered and recommended environmental clearance and recommended approval of the execution of this Agreement to the City Council.

The Zoning Administrator found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City’s zoning laws; in conformity with the public necessity, public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and general welfare of the city; will not adversely affect the orderly development of property or the preservation of property values; and will have a positive fiscalimpact on the City; WHEREAS, after conducting a duly noticed hearing on _________________, in conjunction with the City’s applicable ordinances and resolutions, and after independent review and consideration, the City Council approved the execution of this Agreement. The City Council found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the City’s zoning laws; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of the City; and is in the best interest of the City of Porterville and itsresidents. 4 NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

1. Government Code and Municipal Code RequiredElements
• Description of Property. Land situated in the City of Porterville, County of Tulare, State of California; whose street address is 1432 W. Olive Avenue, Unit A, City of Porterville, State of California (the “Site”). The Site includes Assessor’s Parcel Number:
251-292-017.
• Owner and Other Person with Legal or EquitableInterest.

Owner: Darin Garrett
Nature of Interest: Owner
If Owner is not the fee simple owner of the Site, check box below:
[ X] Owner represents and warrants that the property owner has consented in writing to the execution and recordation of this Agreement against the Site. See attached Landlord Consent agreement, incorporated herein by this reference (Exhibit A).
• Permitted Uses. The subject property may be used for commercial storefront cannabis dispensary as presently authorized under City Chapter 15, Article VII of the Porterville Municipal Code, §§ 15-85 through 15-105 and Chapter 21, Section 301.23, and 609.01 through 609.11, and for any other use as authorized under applicable provisions of the Porterville MunicipalCode.
• Zoning. Owner shall guarantee that such activities outlined in Owner’s Commercial Cannabis Permit Application (“Application”) conducted pursuant to this Agreement and under the Commercial Cannabis Permit shall comply with the City’s municipal code, including the above-referenced zoning regulations and any and all development and construction requirements contained therein. Owner shall not conduct any business under this Agreement or under the Commercial Cannabis Permit without having obtained all necessary permits, licenses, and approvals from the City and State of California.
• Reservation or Dedication of Land for Public Purposes. If needed, sufficient roadway, sidewalk, and utility easements shall be reserved or dedicated to City for such purposes.
5 2. Term
This Agreement shall commence on the date the Ordinance approving this Agreement goes into effect (the “Effective Date”) and it shall end fifteen 15 years from the starting date, and it shall remain in full force and effect so long as the subject property has been developed and is used for a commercial cannabis facility as authorized under City Municipal Code Chapter 15 Article VII, and Section 301.23; provided, however, that such use must be commenced and begin operating within two (2) years of the Effective Date, and said operations/use is not abandoned for a period of more than ninety (90) days.

Furthermore, cannabis operations shall not commence unless and until all cannabis operations have ceased at the 200 N. Main Street location, and Owner has authorized the City to record a Notice of Termination of the Development Agreement associated with that location. This Agreement shall be extended for up to 1 additional 5-year period following the expiration of the initial fifteen (15) year term upon the occurrence of all of the following:

The Owner shall give written notice to the City no later than one hundred twenty (120) days before the expiration of the initial fifteen year term that the Owner desires to extend this Agreement for an additional 5-year period; (i) The Owner shows adequate evidence to the City that it has a legal and/or equitable interest in the Property and/or will have such interestsforthe duration of the extended term of the Agreement;
(ii) The Owner shall deposit all fees required by the City necessary for processing the extension request and drafting necessary documentation; (iii) The Owner shall be in compliance with all provisions of the City’s Municipal Code, and all terms imposed by the City-issued Commercial Cannabis Permit; and (iv) The Owner shall not be in default of any provision of any agreement between City and Owner relative to the development of the Property or of any condition of approval imposed upon any entitlement granted by the City relative to the development of the Property for which Owner has been given a written notice to cure by the City and for which Owner has not cured or commenced to cure such default within thirty (30) days, if and as provided by such agreement or condition of approval.

3. General Business/Store and Offices – The facility will maintain hours of operation consistent with Section 15-87.L. of the Municipal Code, with generally a minimum of eight employees per shift. The parties may agree to a different number if warranted by the business volume.
6 4. Parking/Loading, and Drive-through Access. The proposed project is located in CG (General and Service Commercial) Zone District, parking/loading and drive through access is required to comply with Municipal Code, Chapter 21 Development Code Section 304 On-Site Parking and Loading. The project complies with the CALGreen Tier 1 by incorporating storm water pollution prevention measures, installing energy- and waterefficient equipment, and planting native and drought-tolerant landscaping at the front of theproperty. Owner shall comply with all drive-through requirements as set forth by applicable regulations and/or as required by the City, including but not limited to Municipal Code, Chapter 21 Development Code, Sections 203.04.C.2.f., 300.10.D., 303, 304.04.H, 304.10 and 700.02.

5. Security: The project will secure the facility against unauthorized entry by installing security lights on the exterior of the building to illuminate the side areas and parking area, installing commercial-grade locks, installing an alarm and video surveillance system, establishing procedures for identifying authorized persons, establish inventory controls, and install a secure surveillance vault to maintain the integrity of records.

6. Owner’s Site and Floor Plans
• Owner’s site plan and floor plan for the facility are attached hereto as Exhibit B and incorporated into theApplication.
• A preliminary landscape plan shall be prepared and reviewed and approved by the City Manager, the Community Development Director, the Engineering and Project Management Director, and/or their respective designees. A final landscape plan shall be prepared and submitted in conjunction with building and site improvement plans prior to issuance of building permits for construction activities. • An exterior signage plan shall be prepared and reviewed and approved by the appropriate City staff in accordance with the procedures and requirements of the Porterville Municipal Code. Owner agrees that it will not use the words “Cannabis” or “Marijuana” (or any forms or derivatives of the words) in the business name signage.

7. Facility Operations
• Standard Operating Procedures. Owner is a lawful entity that will only transact business with other legally permitted persons and entities under the California Cannabis Laws. Prior to operating a dispensary, Owner shall be required to obtain a Commercial Cannabis Permit, and all requirements pursuant to said permit, from the City pursuant 7 to the City Municipal Code. Further, and notwithstanding anything to the contrary, Owner may operate such cannabis-related activities as permitted in accordance with California state laws and regulations, as may be amended, including without limitation, as long as such activity is not inconsistent with this Development Agreement, the Cityissued Commercial Cannabis Permit, and the Porterville Municipal Code.

During the term of its Commercial Cannabis Permit and the term of this Agreement, Owner shall lawfully operate in accordance with all state and local laws. Owner shall employ exemplary operating procedures to comply with state and local laws. Owner’s facility shall employ safety and security measures for the safety and security of its employees, visitors, vendors, and neighboring communities and properties.

Owner shall fully comply with the minimum Operating Standards regulating the proposed Commercial Cannabis Activity as set forth in Chapter 15, Article 7, Sections 15- 85 thorugh15-105 of the Porterville Municipal Code, and those required by the City Development Code.
• Security Plan. Owner shall secure approval of its proposed security plan by the City prior to operating, and has attached its draft plan as Exhibit C. The security plan shall include, at a minimum and as appropriate, provisions for video surveillance, perimeter fencing and/or security, protection of the building(s) from vehicle intrusion, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professionally monitored alarm system. Equipment and systems used for video surveillance and building alarms shall be approved by City. See Porterville Municipal Code Section 15-87, subsections (N) and (O), for minimum security requirements.

Video surveillance shall include, at a minimum, all site and facility entrances and access points, all spaces accessible by the public, all secured areas of the facility with restricted access, all interior spaces and rooms where cannabis products are handled, shipping and receiving areas, cash storage areas, and other areas necessary to protect the safety of employees and the public and to ensure cannabis products are received, handled, stored, and sold in compliance with applicable state and local laws and regulations. The video surveillance system shall be web-based with direct access provided to the City of Porterville Police Department upon request.

The security system shall also include sensors to detect entry and exit from all secure areas, panic buttons in appropriate locations, and a professionally monitored alarm system with glass breakage sensors and motion detectors.

Owner shall employ or contract with properly trained and licensed security personnel to protect the welfare and safety of Owner and employees, and to ensure public safety to the neighboring community. Owner shall use security personnel during all hours of business operations. Security personnel may be armed so long as proper licensing and 8 insurance requirements are followed and met.

Further, the project shall have a separately secured, limited access area, where all persons must be at least 21 years of age and have a business reason for entering the area; non-employees with authorized access must be escorted, and an access log must be maintained. The (nonlimited access) reception area shall be completely separated and secured from the dispensary operations, and shall be operated in conformity with all applicable laws and regulations, and by an employee at least 21 years of age, with concurrent monitoring by onsite security personnel.
• Fire Department Approval. Owner shall not operate any facility, and no permit, license, or other approval issued by City shall be valid unless and until the Porterville Fire Department has approved Owner’s site plan, floor plan, safety plan, and any other plans that require itsapproval.
• Possession of Firearms. Except for licensed and bonded security personnel, no person employed or contracted by Owner shall be in possession of any firearm while on the premises or location without having first obtained a license from the appropriate state or local agency authorizing the person to be in possession of such firearm. Every such person in possession of a firearm while on the premises or location must provide the City Manager and the Porterville Police Department, ten (10) days before bringing the firearm onto the premises, with thefollowing:
1) A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess suchfirearm;
2) A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency);
3) A copy of his or her California driver’s license or California identification card; and
4) Any other information reasonably required by the Porterville Police Department to show that the individual is in compliance with the provisions of all laws regarding the possession and use of afirearm.
• Identification Display. Each owner, manager, employee, and individual member engaged in the operation of the business shall at all times while engaged in the duties of his or her position wear in plain sight, on his or her person and at chest level, a valid identification badge, issued byOwner.
• Employee Background Checks and Procedures for Inventory Control to Prevent Non-Medical Diversion of Medical Cannabis. Only employees who receive the required background clearance pursuant to Section 15-89 of the Porterville Municipal Code shall 9 be permitted to enter Owner’s facility. Each employee will have to meet a criminal background investigation as required by the City, which at minimum shall include a LiveScan criminal history check, which City shall make a good faith effort to facilitate within a reasonable time following the issuance of a Commercial Cannabis Permit(s) or license(s) toOwner.

Owner shall take all necessary and reasonable steps to prevent the sale or distribution of any of its cannabis products to minors; prevent revenue from the sale or distribution of its cannabis and/or infused products from going to criminal enterprises, gangs and cartels; prevent the diversion of cannabis from California to any other state; prevent state-authorized cannabis activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; prevent violence and the use of firearms in the sale of cannabis; discourage and educate against drugged driving and the exacerbation of other adverse public health consequences associated with cannabis use; disavow growing cannabis on public lands that creates attendant public safety and environmental dangers posed by such illegal uses; and discourage and educate against cannabis possession or use on federal property.
• Point of Sale Tracking System. Owner shall maintain an inventory control and reporting system that accurately documents the cannabis products. The inventory control and reporting system shall comply with the track and trace program required by California Cannabis Law and regulations issued thereunder.

Owner shall employ an electronic point of donation/sale system approved by the State of California for all point of donations/sales tracking from seed or inception to product distribution to other licensed commercial cannabis facilities. Such approved system shall track all commercial cannabis products, each edible, harvested flower, and/or manufactured concentrate, as well as gross sales (by weight and sale). Owner's point of sale system shall have the capacity to produce historical transactional data in accordance with City's requirements.
• Record Keeping. Owner shall maintain records for all commercial cannabis and/or infused products. Owner shall comply with all record-keeping responsibilities that are set forth in Section 15-87(O) of the Porterville Municipal Code, including complete and up-to-date records regarding the amount of commercial cannabis delivered and sold, and applicable State law.
• Commercial cannabis sales shall not create offensive odors; create excessive dust, heat, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to use or storage of materials, processes, products, or wastes.

Owner shall store its commercial cannabis and/or commercial cannabis products in a locked safe room with T-card identification access for management only. The safe room 10 shall be constructed of fire-rate walls with numerous cameras installed to view all entries and exits from the safe room, as well as all other activities performed within Owner’s facility. Owner will not conduct outdoor operations except as related to lawful delivery and transportation of commercial cannabis and infused products. Owner will not store commercial cannabis or related products in its delivery vehicle(s) outside normal operating hours of the facility.

Any excess or contaminated product will be securely stored on-site until it is properly disposed. Disposal may include composting, incineration, land-fill disposal through the local waste management hauler, or other disposal methodology in accordance with state and county health and safety codes and regulations.
• Description of Banking Plan. Owner shall seek to open a bank account under the name of Owner or its associated management company to provide transparency for funds received, operational costs, including payroll, tax payments to the state and federal governments. Should a bank account not be forthcoming, Owner shall implement other industry standard banking and/or other industry standard transactional mechanisms.
• Transportation and Delivery Plan. Owner shall comply with all state and local law regarding transportation and delivery, including the rules governing delivery service.

Owner shall retain a list of names and cellular contact numbers for all employees engaged in transportation and/or delivery of commercial cannabis products and provide it to the applicable oversight authority, keeping the list current and up todate.

Owner will keep complete and up-to-date records documenting each delivery, including the amount/product(s) provided, the date and time provided, the name of the employee making the delivery, the name and address of the individual corporation to whom delivery is made, and the amount of the related sale/ monetary transaction.

8. Community Relations, Employment, andWages
• Public Outreach and Education Program. The Owner shall coordinate and cooperate with City and any other Owners of commercial cannabis dispensaries located within City of Porterville in the establishment and implementation of appropriate public outreach and education programs. The public outreach and education programs shall be approved byCity.
• Community Benefits Program. The Owner shall coordinate and cooperate with the City and other Owners of commercial cannabis facilities located within the City of Porterville in the City Council’s establishment and implementation, and the Owners’ funding of a community benefits program which could include (but is not limited to) such items as senior citizen programs, City beautification efforts, funding for enforcement against illegal cannabis operations, public safety, housing programs, economic 11 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, and support of local public service, public safety, and special social and community organizations. This community benefits program may be implemented by the City. The City may invite public participation in the decision-making process for identifying and prioritizing community needs and benefits, and identifying appropriate projects to be funded by the entity implementing this community benefits program. All projects under the community benefits program must be approved by theCity.

Owner agrees, as a business expense, to pay the City the yearly sum of $30,000.00 or 1% of Owner’s annual gross receipts, whichever amount is greater, from the commercial operation on the Premises. Unless otherwise agreed to in writing by the parties the above amount shall be paid over the course of the calendar year on a quarterly basis, with payments due within 30 days of the end of each quarter. The first payment shall be due at within 30 days of the end of the first quarter for which the commercial operation at the Premises was operational and prorated to account for when during the quarter the opening occurred.
• Designation of Community Relations Liaison. At the time of this Agreement, Owner’s day-to-day operations managers, a Community Relations Liaison will be designated in writing, and _______________ will be responsible for community inquiries and complaints and on-site management during normal business hours. The Owner shall provide prior written notice to the City of all subsequent designated operations managers and Community Relations Liaisons.
• Interface with City of Porterville Police / Inspections. Owner’s day-to- day operations manager, and/or the Owner’s Community Relations Liaison will interface with the Porterville Police Department's assigned designee to ensure its operation complies with state and local laws and regulations. The City Manager, or designee, or the Porterville Police Department's assigned designee acting at the City Manager's request and per his specific and limiting instructions, shall have the right to enter all Premises from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement and state and local laws and regulations, without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by the City. See Porterville Municipal Code Section 15-87, 15-96. • Local Recruitment, Hiring, and Training Programs. Owner is committed to making a good-faith effort to recruit, hire, and train City residents for employment by Owner. A good-faith effort means Owner shall take the following or similar actions to recruit and employ City residents: 1) Contact local recruitment sources, including the Employment Connection, to identify qualified individuals who are City (or City area) residents, 2) Advertise for qualified City residents in trade papers and newspapers of general 12 circulation in the area, and 3) Develop a written plan to recruit and employ City residents as a part of the its workforce. The Owner commits to a local annual hiring goal of 50% of total operational jobs for permanent and apprentice employees. This goal shall apply horizontally, across all departments and managerial positions. The Owner shall not be penalized or deemed in default under this Agreement if it is unable to achieve such a goal. "Local" is defined as within a 3-mile radius of the boundaries of the City’s boundaries. The Owner shall contact and work with a job referral agency (e.g. the Employment Connection) assigned by the City Manager to implement a local hiring policy for permanent and apprentice employees. The purpose of the hiring policy is to facilitate the training and employment of local and disadvantaged job applicants for jobs within the City’s jurisdiction, and 3-mile radius of City boundaries. Applicants for jobs shall not be disqualified from hiring solely on the basis of an arrest or conviction for a Cannabis-related crime that occurred prior to November 8, 2016, and could have been prosecuted as a misdemeanor or citation under current California law. The Owner shall report on compliance with the local hiring goals as part of its annual audit report.

9. Public Art Feature/Element. Owner agrees to provide a historical/artistic feature as a component of its project, located at or near the Property (for example, the completion of a mural located on the second story of the building along Putnam Avenue). The artistic feature will be subject to the review of the City Cannabis Ad Hoc Committee and City of Porterville Arts Commission, and the approval of the City Council, prior to the commencement of work on the feature. Work on the feature must be commenced within two years of the opening of the business.

10. Indemnification Agreement by each CannabisPermittee Pursuant to Porterville Municipal Code Section 15-87(T), to the fullest extent permitted by local, state and/or federal law, the City of Porterville shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Permit or executed a Development Agreement pursuant the Municipal Code, or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any Commercial Cannabis Permit and to the execution and approval of a Development Agreement, the Owner shall be required to meet all the conditions enumerated in Porterville Municipal Code Sections 15-85 through 15-105, before this Agreement may be executed, and before they can receive the Commercial Cannabis Permit. The City Manager shall require the Owner and Property Owner/each Commercial Cannabis Permittee to execute a separate Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Commercial Cannabis Permit, the Commercial Cannabis Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee, and/or arising out of Owner’s or Property Owner’s obligations under this Agreement. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from this Agreement. Attached as Exhibit E, and incorporated herein by this reference, is true and correct copy of a fully executed 13 Indemnification Agreement.

11. Fees, Costs, and Taxes
• Permit Fees. Owner agrees to pay all permit fees and charges authorized and referenced in the Municipal Code, all amounts adopted by City Council and as required by applicable laws and regulations, and any fees set forth in this Agreement. Permit application, processing, and renewal fees shall be due and payable at the time application is made or renewed.
• Cannabis Business Tax. Owner shall comply with all provisions of Ordinance No. 1875, and Porterville Municipal Code Chapter 22, Article VI, which requires every person engaged in a Commercial Cannabis Business in the City to pay an annual Commercial Cannabis Business tax at a rate established by resolution of the City Council, but no more than 10% of annual gross receipts. Resolution No. 99-2020, adopted by the City Council on December 15, 2020, has currently set the rate at 7% of annual gross receipts per fiscal year.

Copies of Tax Filings. Owner shall additionally provide the City with courtesy copies of each and every report Owner is required to provide to the County of Tulare or the State of California for sales, use, or other tax purposes at the time such filings aremade.

12. Insurance
• Insurance. Owner shall require all persons doing work on the Project, including its contractors and subcontractors (collectively, “Owner” for purposes of this Article 6 only), to obtain and maintain insurance of the types and in the amounts described in this section and its subsections with carriers reasonably satisfactory to City. • General Liability Insurance. Owner shall maintain commercial general liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) each occurrence. Such insurance shallalso:
1) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additionalinsured.
2) Be primary with respect to any insurance of self-insurance programs covering City, its officials, employees, agents, andrepresentatives. 3) Contain standard separation of insuredprovisions.
14 • Automotive Liability Insurance. Owner shall maintain business automobile liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) for each accident for the vehicles Owner operates in connection with its cannabis business. Such insurance shall include coverage for owned, hired, and nonowned automobiles. Such insurance shall also:
1) Name City, and work in good faith with the City and the insurers to name additional insureds as deemed reasonably necessary. “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additionalinsureds;
2) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, andrepresentatives; 3) Contain standard separation of insuredprovisions.
• Workers’ Compensation Insurance. Owner shall take out and maintain during the term of this Agreement, workers’ compensation insurance for all of Owner’s employees employed at or on the Project, and in the event any of the work is subcontracted, Owner shall require any general contractor or subcontractor similarly to provide workers’ compensation insurance for such contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Owner. In case any class of employee engaged in work on the Project is not protected under any workers’ compensation law, Owner shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Owner hereby indemnifies City for any damage resulting from failure of Owner, its agents, employees, contractors, or subcontractors to take out or maintain such insurance. Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) each accident shall bemaintained.
• Other Insurance Requirements. Owner shall do all of thefollowing:
1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that clearly evidenced all insurance required in this Article, including evidenced that such insurance will not be canceled, allowed to expire, or be materially reduced in coverage without thirty (30) days prior written notice toCity.
2) Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and policies, and properly executed certificates of insurance evidencing the insurance required herein. 15 3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement.
4) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the term or the mutual written termination of this Agreement.
5) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City.

13. Termination
• Termination Upon End of Term. This Agreement shall terminate upon the expiration of the term, unless it is terminated earlier pursuant to the terms of this Agreement. This Agreement shall also terminate in the event that Owner fails to commence operations as specified in Section 2 above. Upon termination of this Agreement, City shall record a notice of such termination and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement. • Termination for Default. This Agreement may be terminated upon the Owner’s default, in accordance with Section 16 below.
• Effect of Termination on Owner’s Obligations. Termination of this Agreement shall eliminate any further obligation of Owner to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Site or Project.

Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of Owner to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.
• Effect of Termination on City’s Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof. Termination of this Agreement shall not, however, eliminate the rights of City to seek any applicable and available remedies or damages based upon acts or omissions occurring beforetermination.
• Survival After Termination. The rights and obligations of the Parties set forth in this Agreement which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination. 16 14. Resources Efficiency
Owner shall endeavor to reduce its environmental impact when possible. The design of the facility shall include reasonable water and energy conservation measures in accordance with applicable State regulations.

15. Standard Conditions for Construction
During any on-site construction activities related to development of the project site and any buildings thereon, or renovation or remodeling of existing buildings, Owner shall comply with all state and local building and construction laws, regulations, and guidelines. The Project shall comply with the applicable parking standards established by the City for these particular cannabis activities.

16. Defaults and Remedies
• Remedies in general. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure to delay by either party to perform any term or provision of this Agreement beyond a reasonable notice and cure period shall constitute a default and constitute grounds to terminate the Agreement and/or pursue available legal remedies. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) day notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings.

Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion.

After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may terminate this Agreement and/or institute legal proceedings pursuant to this Agreement.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement including but not limited to the termination of this Agreement, except that City shall not be liable in monetary damages, unless expressly provided for this Agreement, to Owner, to any mortgagee or lender, or to any successors in interest of Owner or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to sue for damages or claim anydamages:
17 1) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
2) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or
3) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

Nothing contained herein shall modify or abridge Owner’s rights or remedies (including its rights for damages, if any) resulting from the exercise by City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner’s rights or remedies (including its rights for damages, if any) resulting from bad faith intentional acts, the grossly negligent or malicious acts of City and its officials, officers, agents and employees.

Nothing herein shall modify or abridge any defenses or immunities available to City and its employees pursuant to the Government Liability Act and all other applicable statutes and decisional law.

Except as set forth in the preceding paragraph relating to eminent domain, Owner’s remedies shall be limited to those set forth in this Section.

Notwithstanding anything to the contrary contained herein, City covenants as provided in Civil Code Section 3300 not to sue for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to City as a result of the development of the Property. • Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non- monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the followingreasons:
1) Except as provided in this Agreement, money damages are unavailable against City.
2) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof.

Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing 18 the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis.
• Release. Except for those remedies set forth in this Agreement, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement.

Owner acknowledges that it may have suffered, or may suffer, damages and other injuries that are unknown to it, or unknowable to it, at the time of its execution of this Agreement. Such fact notwithstanding, Owner agrees that the release provided in this Section shall apply to such unknown or unknowable claims and damages. Without limiting the generality of the foregoing, Owner acknowledges the provisions of California Civil Code Section 1542, which provide:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Owner hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect. • Termination of Agreement for Default of City. Owner may terminate this Agreement in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.

Notwithstanding anything to the contrary, in the event that Owner deem it is necessary and/or advisable to cease operations in Porterville, then Owner may terminate this Agreement, and such termination shall be effective upon the date of written notice to the City.
19 • Attorneys’ Fees and Costs. In any action or proceeding between City and Owner brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the “prevailing party” in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party’s reasonable attorneys’ fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action orproceeding.
• Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by City to be in default of the terms and conditions of this Agreement until such default thereafter is cured by Owner or is waived by City. If City terminates this Agreement because of Owner’s default, then City shall retain any and all benefits, including money or land received by Cityhereunder.

17. Third Party Litigation
• General Plan Litigation. City has determined that this Agreement is consistent with its General Plan. Owner has reviewed the General Plan and concurs with City’s determination.

City shall have no liability under this Agreement or otherwise for any failure of City to perform under this Agreement, or for the inability of Owner to develop the Property as contemplated by the Agreement, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement or any of City’s actions in adopting it were invalid, inadequate, or not in compliance with the law. • Hold Harmless Agreement. To the fullest extent permitted by law, Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner’s contractors, subcontractors, agents, or employees’ operations under this Agreement, whether such operations be by Owner, or by any of Owner’s contractors, subcontractors, agents, or employees operations under this Agreement, whether such operations be by Owner, or by any of Owner’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner’s contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or 20 in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaidoperations.
• Indemnification. To the fullest extent permitted by law, Owner shall defend, indemnify, and hold harmless City and its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys’ fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; (iii) any claims based on or alleging inverse condemnation by any person or entity with an interest in the Property; and (iv) the proceedings undertaken in connection with the adoption or approval of any of the above. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding.

Notwithstanding the above, City, at is sole option, may tender the complete defense of any third-party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Owner regarding the selection of counsel, and Owner shall pay all costs related to retention of suchcounsel. This Indemnification is provided in addition to that set forth in Section 10. • Environmental Contamination. To the fullest extent permitted by law, Owner shall indemnify and hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting and acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action or proceeding. This Indemnification is provided in addition to that set forth in Section 10.

The provisions of this Section do not apply to environmental conditions that predate Owner’s ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner’s 21 statutory or equitable obligations as an owner or seller of the Property. • City to Approve Counsel. With respect to this Section, City reserves the right to approve the attorney(s) which Owner selects, hires or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld. • Accept Reasonable Good Faith Settlement. With respect to this Section, City shall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgment rendered in connection with such action. This Section applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and City expressly agree that this Section does not apply to any settlement that requires an exercise of City’s police powers, limits City’s exercise of its police powers, or affects the conduct of City’s municipaloperations. • Survival. The provisions of this Section inclusive, shall survive the termination or expiration of theAgreement.

18. California Environmental QualityAct
Owner shall pay all fees and reimburse City for any and all costs incurred by City related to project review under the California Environmental Quality Act (CEQA), Public Resources Code, §§21000-21189.3, and the Guidelines for California Environmental Quality Act, California Code of Regulations, Title 14, §§15000-15387. If reasonably requested by City, Owner shall conduct and pay for any required CEQA reviews and analyses. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 (Existing Facilities) and 15303 (New Construction or Conversions of Structures). This exemption applies to projects characterized as conversion of an existing structure from one use to another in conjunction with minor changes to the facility, including construction of drive thru facility meeting the conditions described in Section 15303.

19. Rules, Regulations, and Official Policies
Except as otherwise provided in this Agreement, the rules, regulations, and official policies of City governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the Project subject of this Agreement, shall be those rules, regulations, and official policies of City in force at the time of the execution of this Agreement. This Agreement does not prevent City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor does this Agreement prevent City from denying or 22 conditionally approving any subsequent development project application based on such existing or new rules, regulations, or policies.

20. Commercial Cannabis Permit Conditions ofApproval
Owner shall comply with all conditions of approval of the City-issued Commercial Cannabis Permit.

21. Periodic Reviews
This Agreement shall be subject to annual review. Owner shall demonstrate good faith compliance with the terms of this Agreement. If, as a result of such periodic review, City finds and determines, based on substantial evidence, that Owner, or successor in interest thereto, has not complied in good faith with the terms or conditions of this Agreement, City may terminate or modify this Agreement (except no modification shall increase Owner’s liability nor reduce Owner’s rights), provided that City shall first provide Owner notice of its intent to terminate, with a detailed explanation as to why, and provide Owner the reasonable right to cure the same.
• Periodic Review. City Council shall review this Agreement annually, on or before each anniversary of the Effective Date, in order to ascertain Owner’s good faith compliance with this Agreement. During the periodic review Owner shall be required to demonstrate good faith compliance with the terms of the Agreement, through submitting an annual monitoring report, records, or equivalent written materials to the Community Development Department. The Department may schedule a hearing on the periodic review of the Development Agreement on or following the anniversary of the Effective Date, but Owner has no obligation to compel such hearing, and no implication will be made to Owner’s detriment if a hearing is not in fact held. Owner shall document any request for an extension of the term due to delays beyond the control of Owner (see Section 25, “Force Majeure”).
• Conditional Use Permit. For all intents and purposes, the Commercial Cannabis Permit to be issued under this Agreement shall be treated as if it were a Conditional Use Permit issued to Owner for the establishment and operation of its business. The operation of the business at all times shall be required to comply with the terms of this Agreement.
• Special Review. City Council may order a special review of compliance with this Agreement at any time. The Community Development Director or his or her designee shall conduct such special review. During a special review, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be onOwner.
• Review Hearing. At the time and place set for the review hearing, Owner shall be 23 given an opportunity to be heard. If City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, City Council may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of City. The decision of City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section1094.5.
• Certificate of Agreement Compliance. If, after a periodic or special review, Owner is found to be in compliance with this Agreement, and if Owner requests it, City shall issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the Planning Director and City Council, that (i) this Agreement remains in effect and (ii) Owner is not in default.

City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the Planning Director and City Council, regardless of whether the Certificate is relied upon by assignees or other transferees or Owner.
• Failure to Conduct Review. City’s failure to conduct a periodic review of this Agreement shall not constitute a breach of thisAgreement.

22. Assignment
Assignment by Owner. Owner shall not transfer, delegate, sublet or assign its interest, rights, duties, and obligations under this Agreement, unless and except for as specifically authorized in this Section. Any assignment, delegation, or subletting inconsistent with the terms and conditions of this Agreement shall be null and void.

Limited Assignment Authorization. During the term of this Agreement or the legal extension of this Agreement as authorized in Section 2 above, and solely in the event of Darin Garrett’s death, or his complete and permanent physical or mental incapacity, this Agreement and its interests, rights, duties and obligations shall be solely assignable to ________________ Garrett, provided that ________________ Garrett holds an authorized position with Cannabis Express, Inc., and is eligible under, and has complied with (and continues to comply with) all applicable laws, regulations and license transfer requirements related to the operation of the business.

23. Operating Commercial Cannabis Facility
Any party to this Agreement, shall not operate a commercial cannabis facility authorized under the municipal code unless it is the holder of a valid applicable State Cannabis License and a Commercial Cannabis Permit issued by City in accordance with the procedures and requirements of Chapter 15, Article VII of the Porterville Municipal Code. 24 24. Notice
Any notice or communication required hereunder between City and Owner must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Porterville
291 North Main St.

Porterville, CA 93257
Attention: City Manager
and City Attorney, Porterville
McCormick, Kabot & Lew
4010 S. Demaree Street
Visalia, CA 93277
If to Owner: Cannabis Express, Inc.
c/o Darin A. Garrett, CEO
200 Main Street
Porterville, CA 93257

25. Miscellaneous Provisions
• Amendment or Cancellation. This Agreement may be amended, or canceled in whole or in part, only by the written mutual consent of the parties to this Agreement or their successors in interest.
• Waiver. Waiver by City of any one or more of the terms or conditions of this Agreement shall not be construed as waiver of any other term or condition under this Agreement.
25 • Enforcement/Reserved Powers. Unless amended or canceled pursuant hereto, this Agreement shall be enforceable by any party hereto, or successor in interest thereto, notwithstanding any subsequent change in any applicable general or specific plan, zoning, subdivision or building regulation, or municipal code amendment adopted by City that conflicts with the terms of this Agreement. However, this Agreement is subject to the City's "Reserved Powers." For purposes of this Agreement, "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the powers to enact regulations or take future discretionary actions after the Effective Date of this Agreement that: (1) are necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God); (2) are amendments to California Marijuana Laws or California Uniform Codes, as adopted by the City of Porterville, and/or the Porterville Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) are necessary to comply with state or federal laws and regulations; or (4) involve sign and parking ordinances and guidelines, changes to the City’s zoning laws, Specific Plan or the City's General Plan, whether adopted previous or subsequent to the Effective Date of thisAgreement).

If any City ordinance, rule or regulation or addition to the Porterville Municipal Code is enacted or imposed by a citizen-sponsored initiative or referendum after the Effective Date that would conflict with this Agreement or an associated Commercial Cannabis Permit, business license or other authorizations and City approvals, or reduce development rights or assurances provided to the Owner in this Agreement, then such changes, additions or deletions to the Porterville Municipal Code shall not be applied to the Site or Project; provided, however, the parties acknowledge that the City's approval of this Agreement is a legislative action subject to referendum. The parties shall cooperate with each other and undertake such reasonable actions as may be appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms and to the fullest extent permitted by state or federallaw.

Notwithstanding anything to the contrary in this Agreement, site improvements contemplated by this Agreement shall be completed pursuant to the City’s development standards and design guidelines.
• Joint and Several Liability. Cannabis Express Inc. shall be jointly and severally liable for any amount due under this Agreement, and any breach of this Agreement of failure to pay by one Party shall also constitute a breach of this Agreement by the other Party.
• Severability. If any part of this Agreement is found to conflict with applicable state laws or regulations, such part shall be inoperative, null, and void insofar as it 26 conflicts with said laws or regulations, or modified or suspended as may be necessary to comply with such state laws or regulations, but the remainder of this Agreement shall continue to be in full force andeffect.
• Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The execution of this Agreement may be by actual, facsimile, or electronic signature.
• Jurisdiction. The law governing this Agreement shall be that of the State of California. The parties agree that this Agreement is entered into and to be performed in Tulare County, California.
• Disclaimer. Despite California’s commercial cannabis laws and the terms and conditions of this Agreement, or any Commercial Cannabis Permit issued pertaining to Owner or the property specified herein, California commercial cannabis possessors or business operators may still be subject to arrest by state or federal officers and prosecuted under state or federal law. The Federal Controlled Substances Act, 21 USC § 801, prohibits the manufacture, distribution, and possession of cannabis without any exemptions for medical use.
• Force Majeure. If delays are caused by unforeseen events beyond the control of Owner, such delays will entitle Owner to an extension of time as provided in this section.

Such unforeseen events (“Force Majeure”) shall mean war, insurrection, acts of God, local, state or national emergencies, strikes and other labor difficulties beyond the party’s control, or any default by City hereunder, which Force Majeure event substantially interferes with the development, construction or operation of theProject. • Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.
• Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. Except as otherwise provided, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Parties and constitute covenants which run with the Site. In order to provide constructive notice thereof, the City Clerk will record this Agreement with the Tulare County Recorder within the period required by Government Code Section 65868.5.
27 • Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and the Owner is that of a government entity regulating the development of private property and the owner of such property. • Changes to Project. The parties acknowledge that changes to the Project or Development Plans and related approvals may be appropriate and mutually desirable to carry out the intent and purpose of this Agreement. This Agreement shall not prevent the City from applying, with the consent or at the request of the Owner, Subsequent Land Use Regulations or Subsequent Development Approvals that do not directly conflict with the Project, Site or Development Plan authorized under this Agreement. The granting of one such change or request shall not obligate the City to grant other similar changes or requests. As used herein, “Subsequent Development Approvals” include, without limitation, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approvals necessary, convenient or appropriate for the Project. As used herein, “Subsequent Land Use Regulations” means ordinances, resolutions and codes adopted or approved by the City after the Effective Date of this Agreement governing the development and use of the land, including general plan amendments, zone changes, variances or conditional use permits affecting the permitted use of the land including density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions of reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of theProperty.
• Conflicting Federal or State Rules. In the event that any conflicting federal or state laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall remain in full force and effect as to those provisions not affected; and
(i) Notice of Conflict. Either party, upon learning of any such matter, will provide the other party with written notice thereof and provide a copy of any such law, regulation or policy together with a statement of how any such matter conflicts with the provisions of this Agreement;and
(ii) Modification Conferences. The parties shall, within thirty (30) days of the notice referenced to in the preceding subsection, meet and confer in good faith and 28 attempt to modify this Agreement to bring it into compliance with any such federal or state law orregulation.
(iii) City Council Hearings. In the event the City believes that an amendment to this Agreement is necessary due to the effect of any federal or state law or regulation, the proposed amendment shall be scheduled for hearing before the City Council. The City Council shall determine the exact nature of the amendment necessitated by such federal or state law or regulation. Owner shall have the right to offer oral and written testimony at the hearing. Any modification ordered by the City Council pursuant to such hearing is subject to judicial review in accordance with Californialaw.
(iv) City Cooperation. The City shall cooperate with Owner in securing any City permits, licenses or other authorizations that may be required as a result of any amendment resulting from actions initiated by the City. As required by this Agreement, Owner shall be responsible to pay all applicable fees in connection with securing of such permits, licenses or other authorizations.

Effective Date. “Effective Date” means the date on which all of the following are true: (i) thirty (30) days have elapsed since the second reading of the Ordinance adopting and approving this Development Agreement and (ii) all Exhibits to this Agreement are finalized, executed and notarized by all affected parties (if applicable) and attached hereto; provided, however, that if these conditions have not been fully satisfied by the Owner the Effective Date may not thereafter occur and this Agreement may not
thereafter becomeeffective.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

CITY OF PORTERVILLE OWNER
CANNABIS EXPRESS, Inc.

Greg Meister Name: Darin A. Garrett
Mayor Title: Chief Executive Officer
APPROVED AS TO FORM:

City Attorney
29 APPROVED AS TO FORM:
_______________________________
Attorney for Owner
APPROVED AS TO FORM:
_______________________________
Attorney for Property Owner

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ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF PORTERVILLE AND CANNABIS EXPRESS, INC.

RELATING TO THE DEVELOPMENT OF A RETAIL CANNABIS DISPENSARY AT 1432 W. OLIVE, UNIT A WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the California State Legislature adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter in agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property;
WHEREAS, in accordance with the Development Agreement Statute, the City of Porterville has enacted regulations to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute; WHEREAS, in accordance with Chapter 15, Article VII of the Porterville Municipal Code, the City of Porterville awarded, via a Request for Proposals process, an opportunity to Cannabis Express, Inc. to negotiate a Development Agreement and apply for a Cannabis Business regulatory permit for the establishment of a Retail Cannabis Dispensary;
WHEREAS, Pursuant to Chapter 15, Article VII, Section 15-87, subsection C. of the Porterville Municipal Code, no approval for a cannabis business regulatory permit may be granted unless the City Council, prior to or concurrently with such approval, also approves a Development Agreement, setting forth the terms and conditions under which the commercial cannabis activity will operate in addition to the requirements of Article VII of Chapter 15, all other local ordinances and regulations, state law and such other requirements promulgated by the City in order to protect and promote the public health, safety and welfare.

WHEREAS, the City and Cannabis Express, Inc. duly met, negotiated, and agreed upon the terms and conditions for said operation of the commercial cannabis business, to be operated at 200 North Main Street, Porterville, California;
WHEREAS, pursuant to Chapter 15, Article VII, Section 15-87, subsection C, the City and Cannabis Express, Inc. entered in a Commercial Cannabis Dispensary Development Agreement on July 24, 2023 (recorded August 2, 2023), and has developed and is operating a licensed dispensary at that location.

WHEREAS, the owner of Cannabis Express, (“Premium Blossom”) has filed an application with the City for a tentative parcel map and development ordinance amendment, in order to relocate its current licensed dispensary to 1432 W. Olive Avenue, Unit A, Porterville California.

WHEREAS Development Agreements must be authorized by Ordinance, and are recorded and run with the specific real property it applies to; and new Development Agreement should be authorized for the 1432 W. Olive, Unit A site.

WHEREAS, this Development Agreement will assure the City and its residents and the Developer that the Development will proceed as proposed and that the public improvements and other amenities and funding obligations, will be accomplished as proposed; and Ordinance No.______

Page 2 of 3 ends

WHEREAS, pursuant to Section 65867 of the California Government Code, and the City’s Development Agreement regulations, the City Council on ________, 2025, held a duly noticed public hearing concerning whether to adopt the Development Agreement, during which public hearing, the Council received any comments from the Developer, City staff, and members of the public.

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

SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement attached hereto as Exhibit A, subject to the provisions of Section 5 hereof.

SECTION 2. This Ordinance is adopted under the authority of California Government Code Section 65854 et seq., and pursuant to the City’s Development Agreement regulations.

SECTION 3. In accordance with the City’s Development Agreement regulations, the City Council hereby finds and determines, as follows:
(a) The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan, in that it establishes certain development rights, obligations and conditions for the implementation of the subject property;
(b) The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the general plan designations which will apply to the subject property;
(c) The Development Agreement is in conformity with public convenience, general welfare and good land use practice;
(d) The Development Agreement will not be detrimental to the public health, safety and general welfare; and
(e) The Development Agreement will not adversely affect the order development of property or preservation of property values.

SECTION 4. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct; (b) The City’s General Plan, and any applicable amendments thereto. (c) All City staff reports (and all other public reports and documents) prepared for the City Council, related to the Development Agreement, and other actions relating to the subject property;
(d) All documentary and oral evidence received at the public hearing or submitted to the City during the comment period relating to the Development Agreement, and other actions relating to the subject property; and
(e) All other matters of common knowledge to the City Council, including but not limited to the City’s fiscal and financial status, City general ordinances, policies and regulations.

SECTION 5. The City Council hereby approves the Development Agreement, attached hereto as Exhibit A, subject to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney prior to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, as approved by the City Council.

Ordinance No.______

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SECTION 6. 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]. In addition to the foregoing general exemption, the City Council further finds that the ordinance is categorically exempt from review under CEQA Guidelines section 15301 [existing facilities] and 15303 [conversion of an existing structure from one use to another in conjunction with minor changes to the facility]. The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].

SECTION 7. Upon the effective date of this Ordinance as provided in Section 11 hereof, the Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement on behalf of the City of Porterville.

SECTION 8. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Development Agreement pursuant to the terms of the Agreement.

SECTION 9. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Porterville hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 10. 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 11. 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.

PASSED, APPROVED AND ADOPTED this _______day of ________________, 2025 ___________________________
ATTEST: Greg Meister, Mayor
Richard Tree, City Clerk
By: ____________________
Fernando Gabriel-Moraga
Chief Deputy City Clerk
Item No. 10.

CITY COUNCIL AGENDA – DECEMBER 2, 2025
SUBJECT: Adoption of an Ordinance Adding Article XV to Chapter 2 of the Porterville Municipal Code Establishing Principles of Individual Liberty SOURCE: City Manager's Office
COMMENT:

On October 21, 2025, the City Council reviewed a draft framework for an ordinance establishing the City’s commitment to the principles of individual liberty and provided direction to staff to return with a final version. In response, the City Attorney has prepared the attached draft ordinance adding Article XV to Chapter 2 of the Porterville Municipal Code, titled “Commitment to Individual Liberty.” The ordinance has been fully numbered and formatted for codification.

The ordinance affirms the City Council’s position on matters including medical freedom, parental rights, nondiscrimination, and women’s safe spaces, and includes supporting findings. It also includes provisions allowing the City Council, at its discretion, to consider the future development of a Legal Defense Assistance Program. Any such program would require separate review, definition, and funding approval by the City Council before it can be implemented.

The ordinance includes CEQA findings and standard provisions related to severability, pending legal actions, and codification. A Public Hearing is required before introducing the ordinance. If introduced, the ordinance will return at a subsequent meeting for second reading and adoption.

RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing to receive public testimony regarding the proposed Ordinance;

2. Introduce and waive the first reading of said Ordinance, adding Article XV to Chapter 2 of the Porterville Municipal Code titled “Commitment to Individual Liberty”; and

3. Direct staff to place the Ordinance on a future agenda for second reading and adoption.

Item No. 10.

ATTACHMENTS: 1. Draft Ordinance

2. Staff Report - October 21, 2025
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Page 1 of 4 ends

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE ADDING ARTICLE XV TO CHAPTER 2 OF THE PORTERVILLE MUNICIPAL CODE

SETTING FORTH ITS COMMITMENT TO THE PRINCIPLES OF INDIVIDUAL

LIBERTY INCLUDING MEDICAL FREEDOM, PARENTAL RIGHTS,
AND PROTECTION OF WOMEN’S SAFE SPACES

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

SECTION 1. Article XV, Section 2-160 through 2-164 (“Commitment to Individual Liberty”) is hereby added to Chapter 2 of the Porterville Municipal Code, as follows:

ARTICLE XV. COMMITMENT TO INDIVIDUAL LIBERTY
Section 2-160 Findings
Section 2-161 Medical Freedom
Section 2-162 Parental Rights
Section 2-163 Protection from Discrimination/Women’s Safe Spaces Section 2-164 Legal Challenges
Section 2-160. Findings.

A. The City Council of the City of Porterville believes the principles of individual liberty and bodily integrity are fundamental to a free and just society, and furthermore are protected by the Federal Constitution and the Constitution of the State of California; B. The Fourteenth Amendment to the U.S. Constitution sets forth that no State shall “deprive any person of life, liberty, or property, without due process of law.” C. Title IX of the Education Amendments of 1972 (Public Law No. 92-318, codified at 20 U.S.C. Sec. 1681-1688) prohibits discrimination based on sex in education programs and activities that received federal funding.

D. The City Council recognizes, to the fullest extent permitted by applicable law, the fundamental rights of individuals to make informed medical decisions, including the right to choose or refuse medical treatments and interventions.

E. The City Council recognizes that the United States and State of California have enacted laws aimed to safeguard medical liberties, and preventing discrimination in personal health choices, as exemplified by the federal Health Insurance Portability and Accountability Act (HIPPA) and the California Confidentiality of Medical Information Act (CMIA).

Ordinance No. ______

Page 2 of 4 ends

F. The United States Supreme Court has repeatedly recognized parents’ constitutional right to make decisions concerning the care, custody, and control of their children. [See Troxel v. Granville, 530 U.S. 57 (2000).] This includes the right to direct their children’s upbringing and education. [Meyer v. Nebraska, 262 U.S. 390 (1923); Pierce v. Society of Sisters, 268 U.S. 510 (1925).]
G. The City Council believes that, to the fullest extent permitted by law, the residents of the City of Porterville should be entitled to make their own medical and/or parental choices, free from coercion, discrimination, or undue interference.

H. The COVID-19 pandemic and other public health emergencies have raised important questions about the balance between public health orders and individual rights.

I. The City of Porterville is a Charter City directly authorized by the California Constitution and formed by the authority of its people to govern its municipal affairs; and as such, has a direct interest in protecting the individual liberties of its citizens.

J. As a Charter City, it is the responsibility of the City of Porterville to respect and protect the constitutionally protected rights and freedoms of its residents, in accord with the law.

Section 2-161. Medical Freedom.

A. The City Council affirms its commitment to protecting individual liberty and medical freedom.

B. Every adult resident of Porterville has the right to make their own informed medical decisions, including the right to consent to or decline medical treatments and interventions, free from coercion, discrimination, or illegal interference.

C. The City of Porterville will not engage in illegal discrimination against individuals based on their vaccination or medical status, and will respect the privacy of individuals’ medical information to the extent protected by law.

D. The City of Porterville recognizes the importance of legally established public health measures to promote public health, and to protect the community during public health emergencies.

E. The City of Porterville shall not follow or enforce executive or administrative directives that have been determined to unlawfully infringe upon constitutionally protected rights. Said determination shall be made by the City Council with the advice of the City Attorney/appointed legal counsel.

F. The City of Porterville encourages open and respectful dialogue on liberty issues affecting the City and the protection of the public health of the Porterville community, fostering understanding and cooperation among its residents through constitutionally protected free speech and open dialog, without illegal censorship.

Ordinance No. ______

Page 3 of 4 ends

G. The City of Porterville will continue to monitor and adapt its policies and practices to protect the rights and freedoms of its residents while also addressing public health concerns, as required by law.

Section 2-162. Parental Rights.

The City Council affirms its commitment that City residents, to the fullest extent required by the Federal and State Constitutions, are entitled to be made aware of information and matters related to their minor children’s health and education, including all physical and mental health matters, educational curriculum, or sexual and/or gender orientation, identity or expression.

Section 2-163. Protection from Discrimination/Women’s Safe Spaces.

The City Council affirms its commitment that City residents, to the fullest extent provided for by the State and Federal Constitution, are entitled to legal protections against discrimination, including discrimination based on sex; and women are entitled to equal educational opportunities and safe private environments in order to minimize the risk of sexual harassment and violence.

Section 2-164. Legal Challenges.

A. Based on the findings set forth in Section 2-160 above, the City has direct interest in protecting its residents, including parents and children, due to the impact of State legislation that illegally infringes on the individual liberties of its community members.

B. The City Council hereby authorizes the establishment of a legal defense assistance program and fund, which said fund to be established at such time that funding is expressly determined by the City Council to be available and set forth in the City’s budget for such purpose.

C. The scope and requirements of the program shall be set forth by Resolution of the City Council.

SECTION 2. 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]. In addition to the foregoing general exemption, the City Council further finds that the ordinance is categorically exempt from review under CEQA under the Class 8 categorical exemption [regulatory activity to assure the protection of the environment]. Furthermore, this ordinance is exempt pursuant to California Business and Professions Code Section 26055(h) on the basis that the adoption of this ordinance that require discretionary review under CEQA to approve licenses to engage in commercial cannabis activity in the City. The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].

SECTION 3. NO LIABILITY. The provisions of this ordinance shall not in any way be Ordinance No. ______

Page 4 of 4 ends

construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Porterville, or any official, employee or agent thereof.

SECTION 4. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

SECTION 5. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Porterville hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 6. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Porterville Municipal Code as amended by this ordinance are substantially the same as provisions in the Porterville Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

SECTION 7. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.

PASSED, APPROVED AND ADOPTED this ____ day of ________, 2025.

__________________________________
Greg Meister, Mayor
ATTEST:

Rich Tree, City Clerk
By: ________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 24.

CITY COUNCIL AGENDA – OCTOBER 21, 2025
SUBJECT: Discussion and Direction Regarding a Draft Ordinance Adding Section 1-23 to the Porterville Municipal Code Establishing the City’s Commitment to the Principles of Individual Liberty
SOURCE: City Manager's Office
COMMENT: At the request of the City Council, staff has prepared a draft ordinance that would add Section 1-23 to the Porterville Municipal Code, establishing the City’s formal commitment to the principles of individual liberty. The intent of this ordinance is to affirm the City’s responsibility to protect the rights of residents and to preserve local control in areas where federal or state actions may infringe on personal freedoms.

The proposed ordinance emphasizes the City’s commitment to protecting constitutional rights, including freedom of speech, medical freedom, parental rights, and the right to personal privacy. It declares that no City department, officer, or employee shall enforce or assist in enforcing any law, mandate, or order that the City Council determines to be inconsistent with these principles.

Additionally, the ordinance establishes a framework for the creation of a Legal Defense Assistance Program, which could provide limited legal resources to residents or businesses affected by such mandates or restrictions. Details of the program’s structure, administration, and funding would be presented to the City Council separately for review and approval.

Adoption of this ordinance would codify the City’s values of personal freedom and local self-governance, while providing a mechanism for future policy decisions consistent with those principles.

Following Council discussion, staff will incorporate any revisions and present the finalized draft ordinance for formal introduction and first reading at a subsequent meeting.

RECOMMENDATION: That the City Council discuss the draft ordinance and provide direction to staff regarding the proposed addition of Section 1-23 to the Porterville Municipal Code.

Item No. 24.

ATTACHMENTS: 1. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 11.

CITY COUNCIL AGENDA – DECEMBER 2, 2025
SUBJECT: Second Reading - Ordinance No. 1921, Amending Article I Of Chapter 7 Of The Municipal Code Of The City Of Porterville And Adopting By Reference The 2025 Editions Of The California Administrative Code, The California Building Code Along With Designated Appendices, The California Residential Code Along With Designated Appendices, The California Energy Code, The California Historical Buildings Code, The California Existing Building Code, The California Referenced Standards Code, And The Wildland-Urban Interface Code.

SOURCE: City Attorney
COMMENT: Ordinance No. 1921, an Ordinance of the City Council of the City of Porterville Amending Article I of Chapter 7 of the Municipal Code of the City of Porterville and adopting by reference the 2025 Editions of the California Administrative Code, The California Building Code along with designated appendices, The California Residential Code along with designated appendices, The California Energy Code, The California Historical Buildings Code, The California Existing Building Code, The California Referenced Standards Code, and The WildlandUrban Interface Code as published by the International Code Council, was given first reading on November 18, 2025, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1921, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1921
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Page 1 of 3 ends

ORDINANCE NO. 1921

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING ARTICLE I OF CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF PORTERVILLE AND ADOPTING BY REFERENCE THE 2025 EDITIONS OF THE

CALIFORNIA ADMINISTRATIVE CODE, THE CALIFORNIA BUILDING CODE

ALONG WITH DESIGNATED APPENDICES, THE CALIFORNIA RESIDENTIAL

CODE ALONG WITH DESIGNATED APPENDICES, THE CALIFORNIA ENERGY

CODE, THE CALIFORNIA HISTORICAL BUILDINGS CODE, THE CALIFORNIA

EXISTING BUILDING CODE, THE CALIFORNIA REFERENCED STANDARDS

CODE, AND THE WILDLAND-URBAN INTERFACE CODE AS PUBLISHED BY THE

INTERNATIONAL CODE COUNCIL

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. The following sections of the Municipal Code of the City of Porterville are hereby amended to read as follows:

SECTION 7-1 ADOPTION
Adoption of the 2025 Edition of the California Administrative Code Title 24 Part 1; 2025 California Building Code Part 2, Volumes 1 and 2; the 2025 California Residential Code Title 24 Part 2.5; the 2025 Energy Code Title 24 Part 6; the 2025 Edition of the California Historical Buildings Code Title 24 Part 8; the 2025 Edition of the California Existing Buildings Code Title 24 Part 10; the 2025 Edition of the California Referenced Standards Code Title 24 Part 12; and the 2025 Edition of the Wildland-Urban Interface Code Title 24 Part 7.

That certain codes in book form to which more particular reference is herein made, regulating the construction, erection, alteration, repair, removal, demolition, conversion, equipment, use, height, area and maintenance of buildings in the City of Porterville, together with the amendments thereof, herein specifically set forth, together with the penalty for violation herein set forth to be known as the Building Codes Ordinance No. 1921

Page 2 of 3 ends

compiled by and adopted by the International Code Council, Inc., together with the following appendixes: J, O, P, and Q of the 2025 California Building Code; BF, BO, CI, and CJ of the 2025 California Residential Code Part 2.5; thereto are hereby adopted and enacted by the Council of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, paragraph, word and clause in said codes mentioned are referred to herein or therein were fully and specifically set forth herein, with the exception of the penalty provision thereof.

SECTION 7-2 COPIES ON FILE:

Reference is hereby made to one (1) copy of said California Building Code, 2025 Edition, compiled by and adopted by the International Conference of Building Officials, heretofore filed in the office of the Building Official of the City of Porterville and said California Building Code is by reference adopted herein as provided by law.

SECTION 7-3 BUILDING CODE AMENDMENTS:

There are no local amendments to the 2025 Codes. The City of Porterville reserves the right to amend the Codes mentioned herein by way of public hearing and Ordinance adoption at a later date if deemed necessary.

SECTION 7-3.4. PENALTY FOR VIOLATION:

It shall be unlawful for any person, firm or corporation to enlarge, alter, repair, move, improve, remove, convert, or equip, use, occupy or maintain any building or structure in the City of Porterville, or cause the same to be done contrary to or in violation of the provisions of this article or of the building code above adopted by reference, together with the amendments thereto; and any person, firm or corporation Ordinance No. 1921

Page 3 of 3 ends

violating any of the provisions of this article or of said building code, as amended, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of the provisions of this article or of the California Building Code, 2025 Edition, is committed or permitted; and upon conviction of any such violation, such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the City or County jail for a period of not exceeding six (6) months or both such fine and imprisonment.

SECTION 7-3.6. SEVERABILITY:

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable.

B. Ordinance No. 1893 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2026.

PASSED, APPROVED and ADOPTED this 2nd day of December, 2025.

ATTEST: Greg Meister, Mayor
Richard Tree, City Clerk
By:

Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 12.

CITY COUNCIL AGENDA – DECEMBER 2, 2025
SUBJECT: Second Reading - Ordinance No. 1922, Amending Section 7-4 of the Municipal Code of the City of Porterville, Adopting by reference the 2025 Edition Of The California Mechanical Code
SOURCE: City Attorney
COMMENT: Ordinance No. 1922, an ordinance of the City Council of the City of Porterville amending section 7-4 of the municipal code of the City of Porterville, adopting by reference the 2025 Edition of the California Mechanical Code, published by The International Association of Plumbing and Mechanical Officials, was given first reading on November 18, 2025, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1922, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1922
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Page 1 of 2 ends

ORDINANCE NO. 1922

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SECTION 7-4 OF THE MUNICIPAL CODE OF

THE CITY OF PORTERVILLE ADOPTING BY REFERENCE
THE 2025 EDITION OF THE CALIFORNIA MECHANICAL CODE

PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND

MECHANICAL OFFICIALS

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. The following section of the Municipal Code of the City of Porterville is hereby amended to read as follows:

SECTION 7-4 ADOPTION:

Adoption of the 2025 Edition of the California Mechanical Code, Title 24, Part 4 and Referenced Standards.

That certain code in book form to which more particular reference is hereinafter made regulating the installation and maintenance of heating, ventilating, cooling, and refrigeration systems, to be known and referred to as the California Mechanical Code along with the Referenced Standards is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to one (1) copy of the 2025 Edition of the California Mechanical Code published by the International Association of Plumbing and Mechanical Officials filed with the Building Official of the City of Porterville and said code is by reference adopted herein as provided by law.

Ordinance No. 1922

Page 2 of 2 ends

SECTION 7-4.2. SEVERABILITY:

B. That Ordinance No.1894 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2026.

PASSED, APPROVED AND ADOPTED this 2nd day of December, 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By:_______________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 13.

CITY COUNCIL AGENDA – DECEMBER 2, 2025
SUBJECT: Second Reading - Ordinance No. 1923, Amending Section 7-6 of the Municipal Code of the City of Porterville, Adopting by Reference the 2025 Edition of the California Plumbing Code
SOURCE: City Attorney
COMMENT: Ordinance No. 1923, an ordinance of the City Council of the City of Porterville amending section 7-6 of the municipal code of the City of Porterville, adopting by reference the 2025 Edition of the California Plumbing Code published by The International Association of Plumbing and Mechanical Officials, was given first reading on November 18, 2025, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1923, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1923
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Page 1 of 2 ends

ORDINANCE NO. 1923

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SECTION 7-6 OF THE MUNICIPAL CODE OF

THE CITY OF PORTERVILLE ADOPTING BY REFERENCE
THE 2025 EDITION OF THE CALIFORNIA PLUMBING CODE

PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND

MECHANICAL OFFICIALS

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. That Section 7-6 of the Municipal Code of the City of Porterville is amended to read as follows:

SECTION 7-6. ADOPTION:

Adoption of the 2025 Edition of the California Plumbing Code Title 24 Part 5, the Referenced Standards, and Appendixes C, H, and M.

That certain code in book form to which more particular reference is hereinafter made, regulating the business of plumbing, and the installation of plumbing fixtures and appliances, to be known and referred to as the California Plumbing Code, is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to (1) copy of the 2025 Edition of the California Plumbing Code, published by the International Association of Plumbing and Mechanical Officials filed with the Building Official of the City of Porterville and said code is by reference adopted herein as provided by law.

Ordinance No. 1923

Page 2 of 2 ends

SECTION 7-8. SEVERABILITY:

B. That Ordinance No. 1895 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2026.

PASSED, APPROVED and ADOPTED this 2nd day of December, 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: _______________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 14.

CITY COUNCIL AGENDA – DECEMBER 2, 2025
SUBJECT: Second Reading - Ordinance No. 1924, Amending Section 7-9 and Deleting Section 7-10 of the Municipal Code of the City of Porterville and Adopting by Reference the 2025 Edition of the California Electrical Code SOURCE: City Attorney
COMMENT: Ordinance No. 1924, an ordinance of the City Council of the City of Porterville amending section 7-9 and deleting Section 7-10 of the municipal code of the City of Porterville, and adopting by reference the 2025 Edition of the California Electrical Code Published By Bni Publications, Inc., was given first reading on November 18, 2025, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1924, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1924
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Page 1 of 2 ends

ORDINANCE NO. 1924

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SECTION 7-9 AND DELETING SECTION 7-10 OF THE

MUNICIPAL CODE OF THE CITY OF PORTERVILLE AND ADOPTING BY REFERENCE THE 2025 EDITION OF THE CALIFORNIA ELECTRICAL CODE PUBLISHED BY BNi PUBLICATIONS, INC.

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. That Section 7-9 of the Municipal Code of the City of Porterville is hereby amended to read as follows:

SECTION 7-9 ADOPTION:

Adoption of the 2025 Edition of the California Electrical Code Title 24 Part 3.

That certain code in book form to which more particular reference is hereinafter made, regulating the business of electrical, and the installation of electrical fixtures and appliances, to be known and referred to as the California Electrical Code, is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to one (1) copy of the 2025 Edition of the California Electrical Code, published by BNi Publications, Inc. filed in the office of the Building Official of the City of Porterville, and such code, to wit: the 2025 Edition of the California Electrical Code published by the BNi Publications, Inc., as aforesaid now on file with the Building Official of the City of Porterville, is hereby adopted by reference as the Electrical Code of the City.

Ordinance No. 1924

Page 2 of 2 ends

SECTION 7-9.1. SEVERABILITY:

B. That Ordinance No. 1896 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2026.

PASSED, APPROVED and ADOPTED this 2nd day of December, 2025.

ATTEST: Greg Meister, Mayor
Richard Tree, City Clerk
By: ______________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 15.

CITY COUNCIL AGENDA – DECEMBER 2, 2025
SUBJECT: Second Reading - Ordinance No. 1925, Amending Article IV of Chapter 7 of the Municipal Code of the City of Porterville, Adopting by Reference the 2025 Edition of the California Green Building Standards Code SOURCE: City Attorney
COMMENT: Ordinance No. 1925, an ordinance of the City Council of the City of Porterville, amending Article IV of Chapter 7 of the municipal code of the City of Porterville, adopting by reference the 2025 Edition of the California Green Building Standards Code, published by The International Code Council, was given first reading on November 18, 2025, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1925, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1925
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Page 1 of 2 ends

ORDINANCE NO. 1925

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING ARTICLE IV OF CHAPTER 7 OF THE MUNICIPAL CODE OF

THE CITY OF PORTERVILLE ADOPTING BY REFERENCE
THE 2025 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE

PUBLISHED BY THE INTERNATIONAL CODE COUNCIL

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. The following section of the Municipal Code of the City of Porterville is hereby amended to read as follows:

SECTION 7-12 ADOPTION:

Adoption of the 2025 Edition of the California Green Building Standards Code, Title 24, Part 11 and the mandatory portions of Appendix A4, Appendix A5, and Appendix A6 with the voluntary portions of said Appendices remaining voluntary.

That certain code in book form to which more particular reference is hereinafter made encouraging sustainable construction practices, to be known and referred to as the California Green Building Standards Code is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to one (1) copy of the 2025 Edition of the California Green Building Standards Code published by the International Code Council Commission filed with the Building Official of the City of Porterville and said code is by reference adopted herein as provided by law.

Ordinance No. 1925

Page 2 of 2 ends

SECTION 7-12.1. SEVERABILITY:

B. That Ordinance No. 1897 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2026.

PASSED, APPROVED and ADOPTED this 2nd day of December, 2025.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: _______________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 16.

CITY COUNCIL AGENDA – DECEMBER 2, 2025
SUBJECT: Authorization to Purchase Veterans Park Playground SOURCE: City Manager's Office
COMMENT: City Council expressed the desire to have a children’s playground constructed in Veterans Park. The new playground will be constructed in conjunction with the upcoming celebration of the City’s 100-year anniversary as a charter city and America’s 250-year anniversary. The playground will feature a battleship design to complement the setting and theme of Veterans Park.

On October 21, 2025, the City Council reviewed one battleship playground design, then directed staff to bring back additional options. Some of the proposed playground features include a climbing wall (listed as an improvement in the Parks Master Plan for Veterans Park), multiple slides, various levels, decorative battleship elements, and more. The total cost will include excavation, concrete border, wood fiber surfacing, engineered stamped drawings, and installation based on prevailing wage. A separate Request for Qualifications will be issued for the ADA connectivity portion of the project, which is beyond the scope of playground equipment vendors.

Four vendors previously used by the City for park projects were contacted to provide conceptual designs. The vendors were Kompan, Park Planet, MRC Gametime, and Ross Recreation. Each vendor submitted a design based on its ability to produce a custom battleship-themed playground. All four vendors participate in a government purchasing cooperative that provides discounted pricing and streamlined procurement for public agencies. Kompan's quote was $359,792.40, and Park Planet's (Playcraft) was $249,177.74. The other vendors were still working on their quotes at the time of agenda publication.

The allocated budget for this playground in fiscal year 2025/26 is $600,000 through Measure I funds. The estimated production lead time is approximately nine months. The most recently approved playground project at Murry Park cost $357,500, which provides a comparable benchmark. Staff is confident the total playground cost will not exceed $400,000, which includes an estimated additional up to $15,000 for an ADA connectivity path.

Item No. 16.

RECOMMENDATION: That the City Council:

1. Provide direction on the purchase of a playground for Veterans Park;

2. Authorize the Deputy City Manager to negotiate a contract and execute all necessary documents for the playground
purchase including excavation, concrete border, installation and engineered wood fiber, and a ten percent contingency, not to exceed $385,000 through budgeted Measure I funds; and

3. Authorize the distribution of a Request for Qualifications for the ADA connectivity path portion of the project with a cost not to exceed $15,000.

ATTACHMENTS: 1. Battleship Designs

2. Playground quotes
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 17.

CITY COUNCIL AGENDA – DECEMBER 2, 2025
SUBJECT: City Hall American Flag Distribution Program
SOURCE: City Manager's Office
COMMENT: At the October 21, 2025, City Council Meeting, Councilman Beltran requested that staff develop a program to periodically replace the American flag displayed in front of City Hall. The intent of the program is to maintain a dignified display of the flag while creating opportunities to present retired flags during City-sponsored events that celebrate civic pride and community service. On November 4, 2025, the City Council directed staff to further evaluate program logistics, including responsibilities for properly retiring flags.

Under the proposed program, a new American flag will be raised each quarter beginning January 2026. Replacement will be performed by trained personnel.

City staff will identify the month and year each retired flag was flown and store the flags for future ceremonial presentations. Flags that remain in good condition may be presented as keepsakes at community events or memorial recognitions. Flags that are no longer suitable for display will be respectfully retired in accordance with established flag protocol.

The program can be managed by existing staff within the City Manager’s Office. The estimated annual cost is $2,000 for the purchase of replacement flags and associated presentation materials. Funding will be provided through the Community Promotion Budget, and no additional appropriation is required.

RECOMMENDATION: That the City Council:

1. Authorize a program to raise a new American flag in front of City Hall each quarter beginning January 2026, with replacement handled by qualified personnel;

2. Direct staff to retire each prior flag from duty, label it with the month and year it was flown, and make it available for
presentation during future City ceremonial events; and

3. Authorize the allocation of $2,000 annually from the Community Promotion Budget for the purchase of replacement flags and related presentation materials.

Item No. 17.

ATTACHMENTS: 1. Flag Policy

2. Flag Banner Resolution
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

CITY OF PORTERVILLE
COUNCIL POLICY ON THE EXHIBITION OF FEDERAL, STATE, AND CITY FLAGS; AND BANNERS FROM CITY BUILDINGS AND FACILITIES – ALL OCCASIONS

PURPOSE
To establish guidelines for 1) exhibition of the flag of the United States of America, the California State flag, the Porterville City Flag from City buildings and other City facilities, 2) the display of street flags for parades and holidays, and 3) the display of ceremonial flags.

The City’s flagpoles and Banner posts/poles are not intended to serve as a forum for free expression by the public.

POLICY
It is the policy of the City of Porterville that flags should be displayed in conformance with Federal and State policies, as stated in the Federal “Our Flag” publication of the Congress, House Document No. 96- 144; and the State of California Government Code Section 430 and 437.

In order to establish a policy with respect to the locations and days when the United States of America, California State, and Porterville City flags should be displayed, the following standards should be followed.

The City Manager is responsible for ensuring the proper execution of this policy at all City facilities.

STANDARDS
A. Federal, State and City Flags

1. Outdoor flags will be flown at City facilities in the following order of precedence: 1) the United States flag; 2) the California State flag; 3) the Porterville City flag.

2. Weather permitting, flags should be displayed daily in front of or at a location near City Hall and at any other City facility as designated by the City Manager.

3. Flags should not be displayed in inclement weather. However, all-weather flags may be flown on a 24- hour basis as long as they are illuminated from sunset to sunrise.

4. The Porterville City flag will be flown wherever there are sufficient poles to do so in accordance with #2 above. The City flag may be displayed on the same pole with, and underneath the State flag, whenever the pole is of sufficient height. The Federal, State, and City flags shall not be flown on a single pole of any height.

5. Indoor United States, State of California, and City flags shall be displayed at a minimum in the City Hall Council Chambers.

6. On recognized Federal and/or State holidays, and on other special occasions as listed below, flags should be flown from all locations listed in paragraph A-2 above. a) January 1, New Year’s Day
b) January 20, (2001, 2005, 2009, etc., every fourth year) on the day the President of the United States is inaugurated
c) Third Monday in January, Martin Luther King’s birthday d) Third Monday in February, Presidents’ Day
e) Second Sunday in May, Mother’s Day
f) Third Saturday in May, Armed Services Day
g) Last Monday in May, Memorial Day. The flags to be flown at half-staff (first raise to top, then slowly lower to half-staff) until noon and at full staff from noon until sunset. NOTE: The United States flag must always be flown by itself when displayed at half-staff. h) Third Sunday in June, Father’s Day
i) June 14, Flag Day
j) July 4, Independence Day
k) First Monday in September, Labor Day
l) September 9, Admission Day
m) September 17, Constitution Day
n) The first Tuesday after the first Monday in November of a presidential election year and gubernatorial election days
o) November 11, Veteran’s Day
p) Fourth Thursday in November, Thanksgiving Day
q) December 25, Christmas Day
r) State holidays
s) Special occasions of Federal, State and local proclamation

7. Flags at all City facilities shall be displayed in accordance with the above standards. However, the City Manager may order flags to be lowered to half-staff including, but not limited to flags of the United States of America and State of California in honor of the death of a City employee killed in the line of duty. Flags may only be lowered to half-staff in accord with Federal and State regulations, policies, and guidelines.

8. The City Council may authorize to raise a new United States flag in front of City Hall each quarter beginning with replacement handled by qualified personnel. City staff shall retire each prior flag from duty, label it with the month and year it was flown, and make it available for presentation during City ceremonial events.

B. Ceremonial Flags
The City’s flagpoles are not intended to serve as a forum for free expression by the public. The following flags may be displayed by the City as an expression of the City’s official sentiments:

1. Flags of Governments Recognized by the United States. Flags of governments recognized by the United States may be displayed upon the request of the City Council.

2. Flags of Sister Cities. The flags of official Sister Cities of Porterville may be displayed in conjunction with an event involving the Sister City.

3. Prisoner-of-War/Missing-in-Action (“POW/MIA”) Flag. The nationally recognized POW/MIA may be displayed on appropriate holidays and as determined by the City and pursuant to any applicable federal or state law.

4. Flags of branches of the US Military consistent with applicable federal laws.

C. Street Flags and Banners

1. Definition: Street flags and/or banners are defined as flags or banners (hereinafter collectively referred to as “banners”) flown directly on City posts or poles, and/or with a guy wire over a city street.

The guy wire is generally attached to city-owned streetlights or posts and is oriented perpendicular to the flow of traffic.

2. The City may place banners or flags communicating information regarding public events, events held at public facilities, City programs, information or services, or promotions of amenities of general interest to the community including holidays and seasons.

3. The City may issue a banner permit to an individual or entity, granting permission to temporarily occupy designated banner locations for the purpose of providing notice to residents and visitors about City-sponsored or City-funded special events open to the public, and that are limited to non-commercial, non-political and of a non-religious nature. Banners on City property/poles must be approved, scheduled, and coordinated by the City.

4. The banner permit is subject to an applicable fee as adopted by the City.

5. Banners on City-owned poles are subject to pre-approval by the City, must be appropriately designed and sized for the location as determined by the City, must be made of durable cloth, canvas or vinyl. A completed banner design (including text and graphics) must be submitted to the Parks and Leisure Services Department Office at time of application, along with payment of the fee.

6. Banners promoting specific events cannot be hung more than 14 days prior to the start of the event and must be removed within five (5) days after the completion of the event.

7. Once approved, applicant must arrange for the production of the banners and for a contractor to install and remove the banners, at no cost to the City.

8. Space may be limited, and the City has priority use. Applications will be processed on a first-come, first-served basis. City reserves the right to establish appropriate time periods for the duration of the use of its poles and facilities. If multiple applications request that banners be installed at the same location during the same time frame, the City Manager, or designee, will make final approval based on any or all of the following circumstances: number of banner locations requested by each applicant, banner installation history and proximity of banners to event site or venue. The overall goal is to make reasonable accommodations that are in the best interest of all applicants and the City

9. The City assumes no responsibility for damage to (non-City) banners while they are on display.

10. Procedure: Applications to place banner displays on City-owned property are available for the applicant’s convenience on the City’s website and at the Parks and Leisure Services Department. a) Applicants submit a competed application (including required attachments) to the Parks and Leisure Services Department Office at least 90 days prior to the requested installation date and remit payment to the Department Office. Applications received less than 90 days prior to the requested installation date are subject to City’s ability to facilitate the request. Banner applicants may apply for banner locations up to 6 months prior to their installation date. b) Upon approval of the application, the contractor who will hang the banner may proceed with the installation. If City banners are currently hanging on the requested poles, the applicant is responsible for removing and re-hanging the City banners.

RESOLUTION NO. ___ - 2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PORTERVILLE POLICY ON THE EXHIBITION OF
FEDERAL, STATE, AND CITY FLAGS, AND BANNERS;
FROM CITY BUILDINGS AND FACILITIES – ALL

OCCASIONS
WHEREAS, the City of Porterville currently follows applicable Federal and State law concerning the display of the U.S. and State flags; and WHEREAS, the City additionally owns poles that can be utilized for displaying flags or banners for the promotion of City events or programs, and WHEREAS, the City Council also desires to use of banner poles by third parties in conjunction with City-sponsored or City-funded events or programs; and WHEREAS, the City’s flagpoles and banner posts and poles are not intended to convey government speech and are not intended to serve as a forum for free expression by the public.

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

1. The City Council may authorize to raise a new United States flag in front of City Hall each quarter beginning with replacement handled by qualified personnel.

2. City staff shall retire each prior flag from duty, label it with the month and year it was flown, and make it available for presentation during City ceremonial events.

3. The Policy shall go into effect immediately.

PASSED, APPROVED, and ADOPTED this 2nd day of December, 2025. _______________________________
Greg Meister, Mayor
ATTEST:
_______________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk

Porterville City CouncilDecember 2, 2025

Porterville City Council
December 2, 2025