Porterville City Council
January 20, 2026

ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE ADDING ARTICLE 614 OF CHAPTER 21 (“DEVELOPMENT ORDINANCE”), SERIES 600 CONCERNING BY-RIGHT APPROVALS

AS REQUIRED BY STATE LAW
WHEREAS, provisions of the California Government Code require that certain uses be approved as a “use by right” as defined in Government Code Section 65583.2(i); and WHEREAS, the City of Porterville (“City”) is committed to maintaining a zoning and subdivision code that is consistent with current State law, and the City of Porterville General Plan; and WHEREAS, the City Council conducted a duly and properly noticed public hearing on January 20, 2026, to consider the proposed amendments to the Development Ordinance and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff; and finds and determines that the proposed amendments to the Development Ordinance are adopted pursuant to the City’s police power authority to protect the public health, safety, and welfare; and
WHEREAS, the proposed amendments to the Development Ordinance have been analyzed pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines Sections 15162 and 15164, to evaluate whether the project’s environmental impacts are covered by and within the scope of the City of Porterville General Plan EIR (certified February 2008, State Clearinghouse #2006011033). The City prepared an Addendum detailing any changes in circumstances under which the project is undertaken, and/or "new information of substantial importance" that may cause one or more effects to environmental resources, and determined that the proposed project is within the scope of the General Plan EIR, does not require subsequent action under CEQA Guidelines Section 15162 and, in conjunction with the EIR, adequately analyzes potential environmental impacts; and

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

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

SECTION 2. ARTICLE 614 OF CHAPTER 21, SERIES 600, ADDED. Article 614 (entitled “By-Right Approval”) of Series 600, Chapter 21, is hereby added asfollows:

ARTICLE 614 BY-RIGHT APPROVAL:

SECTIONS:
614.01 Purpose.
614.02 Definitions.
614.03 Eligibility for By-right Approval.

Ordinance No.

614.04 Permit Requirements.
614.05 Review of Application.
614.06 Required Findings.
614.07 Interpretation.
614.01. Purpose.

This Article specifies the process for reviewing uses entitled to review as a “use by right” as defined in Government Code Section 65583.2. In enacting this Article, it is the intent of the City to implement State law as well as the goals, objectives, and policies of the City’s Housing Element of the General Plan.
614.02. Definitions
A. “By-right" shall mean that the local government's review of the project may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” under the California Environmental Quality Act as defined in Public Resources Code Section 21065 or CEQA Guidelines Section 15378.

B. “Permanent supportive housing” means housing as defined in Government Code Section 65650(a) serving the target population as defined in Government Code Section 65650(c) that meets all of the requirements of Government Code Sections 65650 et seq. or successor provision.

C. “Low barrier navigation center” means a facility as defined in Government Code Section 65660(a) that meets all of the requirements of Government Code Sections 65660 et seq. 614.03. Eligibility for By-right Approval.

The following uses are eligible for by-right approval:

A. Projects that satisfy the criteria outlined in subparagraphs (1) and (2) below:

1. Are located on sites listed as lower-income sites in the adopted housing element site inventory pursuant to Government Code Section 65583.2 subdivision (c) that are shown to have been either:
a. vacant and listed in two prior housing element site inventories, or b. non-vacant and listed in a previous housing element site inventory; and,

2. Twenty percent of the total number of housing units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.

B. Permanent supportive housing as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

C. Low barrier navigation centers as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

D. One hundred percent affordable projects located on land that was owned by an independent institution of higher education or religious institution as described in Government Code Section 65913.16.

E. Other projects eligible under State law for by-right approval. 614.04. Permit Requirements.

An applicant for a project eligible for by-right zoning approval shall submit a ministerial plan Ordinance No.

permit for approval of the design. No discretionary permit or approval is required. 614.05. Review of Application.

A. For ministerial plan permit applications listed in this section, Zoning Administrator, or designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The decision may be appealed to City Council only by the applicant or the owner of the subject property.

B. The application for the ministerial plan permit shall be reviewed for conformance with objective standards established by the General Plan, applicable Specific Plans, Development Ordinance, design standards, and other adopted standards.

C. As provided by Government Code Section 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.

D. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

E. Low barrier navigation centers shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.
614.06. Required Findings
A. In granting a ministerial plan permit, the Zoning Administrator, or designee, shall issue a letter of approval and shall make the following findings:

1. That the project is eligible for by-right approval under State law.

2. That the project complies with all applicable objective zoning and other adopted standards, including but not limited to design review standards.

3. That the project is granted subject to such applicable conditions as required to meet the standards of the use and zone in which it is located and to comply with applicable design standards.
614.07. Interpretation.

If any portion of this Article conflicts with any applicable State law, State law shall supersede this Article. Any ambiguities in this Article shall be interpreted to be consistent with State law. Statutory references in this Article include successor provisions.

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

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

SECTION 5. EFFECTIVE DATE. The foregoing ordinance shall take effect 30 days from the date of Ordinance No.

the passage and adoption. Priorto the expiration of 15 daysfrom the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.

SECTION 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.

SECTION 7. CEQA REVIEW. The City Council hereby finds that the environmental impacts of the proposed Development Ordinance amendments are covered by and within the scope of the City of Porterville General Plan EIR (certified February 2008, State Clearinghouse # 2006011033) and that there have been no changes in circumstances under which the project is undertaken, and/or no “new information of substantial importance” that may cause one or more effects to environmental resources, and the City Council finds that the proposed Development Ordinance Amendments are within the scope of the General Plan EIR, do not require subsequent action under CEQA Guidelines Section 15162 and the General Plan EIR adequately analyzes potential environmental impacts.

SECTION 8. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

PASSED, APPROVED AND ADOPTED this ___ day of _________, 2026.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By:

Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 21.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Amendment to the City Code - Changes to the Special Speed Zones and Traffic Control (Plano Street from State Route 190 to Worth Avenue) SOURCE: Engineering and Project Management
COMMENT: When an engineering and traffic survey—defined in CVC §§627 and 40802 and throughout the California Manual on Uniform Traffic Control Devices (CAMUTCD)—determines that the prima facie limits and traffic control devices are not appropriate for specific conditions on certain streets and intersections, the City may modify the speed limits and traffic control devices. These changes must be supported by the findings of the survey, which then authorize the enforcement of posted limits using radar and other electronic speedmeasuring devices, along with the installation of stop signs and traffic signals, or other traffic mitigation measures.

A traffic study was recently completed on Plano Street from State Route 190 to Worth Avenue and the resulting Traffic Safety Audit Letter includes two (2) recommendations:
1) The existing one-way stop controls at Plano Street and College Avenue be converted to multi-way stop controls while the City makes plans to signalize the intersection or implement a roundabout; and
2) The posted speed limit for the segment of Plano Street between College Avenue and State Route 190 be reduced from 45 miles per hour (MPH) to 40 MPH.

Engineering Department staff have evaluated the findings and recommendations related to this traffic study, compared them to the speed surveys on file for Plano Street from State Route 190 to Worth Avenue, as well as a review of the conditions in this area. This segment of Plano Street includes multiple schools with a wide range of ages and physical needs which are likely to increase pedestrian and bicyclist activity. These conditions support the need to reduce the speed limit in this area and the conversion of the intersection from a one-way stop to a multi-way stop by way of installation of stop signs for both the north and south-bound traffic on Plano Street at College Avenue.

Assembly Bill 43 (AB 43) grants local governments, by ordinance, the authority Item No. 21.
to set prima facie speed limits of 20 or 25 mph on highways located within business activity districts. Additionally, under CVC §22358.7, AB 43 allows local authorities to reduce speed limits—following an engineering and traffic survey—if they determine that the existing limit is not reasonable or safe and certain conditions are met. Previously, speed limits were primarily based on the 85th percentile speed, generally set within 5 mph of that benchmark. AB 43 provides municipalities with greater flexibility in adjusting posted speed limits. As such, staff recommends that the reduction of posted speed in this area include the stretch of Plano Street from College Avenue to Worth Avenue.

The Engineer's Estimate of Probable Cost to adopt the changes in this area and complete the recommended changes is $20,000. This includes the purchase and installation of stop signs, flashing warning signs, required street painting, and the rental of message board signage for one month. Funding for this work is available in the General Fund operating budget for streets, signals, signs and striping.

RECOMMENDATION: That the City Council:

1. Approve the proposed Ordinance;

2. Give first reading to the Ordinance amending Chapter 17, Article XV, Section 17-15, Prima Facie Speed Limits Determined on Certain Streets, in the City Code;

3. Approve the conversion of the intersection of Plano Street and College Avenue from a one-way stop to a multi-way stop; and

4. Direct the City Engineer to make appropriate changes in the posted signs when the Ordinance becomes effective.

ATTACHMENTS: 1. Draft Ordinance

2. Engineering and Traffic Survey Update Plano Street
Appropriated/Funded:

Review By:

Department Director:

Daniel Cervantez, City Engineer
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE AMENDING CHAPTER 17, ARTICLE XV, SECTION 17- 15, PRIMA FACIE SPEED LIMITS DETERMINED ON CERTAIN

STREETS, OF THE PORTERVILLE MUNICIPAL CODE
WHEREAS: State Assembly Bill No. 34 was filed with the Secretary of State October 8, 2021; and
WHEREAS: Section 22358.7 of the Vehicle Code allows the local authority, after completing an engineering and traffic survey, to determine and declare a prima facie speed limit that is reduced up to an additional five miles per hour if the speed from the survey is more than is reasonable or safe an adjacent to land or facilities that may generate high concentrations of bicyclists or pedestrians: and
WHEREAS: Section 22358.8 of the Vehicle Code allows the local authority, after completing an engineering and traffic survey, to restore the immediately prior speed limit if that speed limit was established with an engineering and traffic survey and a registered engineer has evaluated the section of highway and determined that no additional general-purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit: and
WHEREAS: The Porterville Police Department completed a city-wide speed survey at the end of 2020 on major corridors (arterial and collectors) within the City of Porterville and those streets within Tulare County where agreements dictate Porterville’s authority to post speed limits; and
WHEREAS: Engineering staff has evaluated the speed surveys provided by the Police Department, calculated the 85th percentile speeds, and has prepared Engineering and Traffic Surveys as required by the California Vehicle Code to determine necessary amendments to prima facie speeds in the Porterville Municipal Code; and
WHEREAS: The City Engineer has evaluated the sections of Plano Street beginning at State Route 190 and ending at Worth Avenue and found that the area includes multiple schools with children in attendance varying in age and physical needs that would potentially generate a large concentration of bicyclists and pedestrians necessitating a reduction in posted speed limits in the area.

NOW, THEREFORE, BE IT ORDAINED: That the City Council of Porterville does ordain as follows:

Section 17-15, Prima Facie Speed Limits Determined on Certain Streets, of the Code of the City of Porterville is hereby amended to incorporate the following changes:

Ordinance No.

Street Survey Area
Posted
Speed
(MPH)
85th Percentile
(MPH)
New Posted
Speed Limited
(MPH)
Plano St SR 190 to College Ave 45 43 40
Plano St College Ave to Worth Ave 45 48 40
This ordinance and code amendment shall be in full force and effect thirty (30) days from and after its publication and passage.

PASSED, ADOPTED and APPROVED this _____ day of _______, 2026.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By:

Fernando Gabriel-Moraga,
Chief Deputy City Clerk
CITY OF PORTERVILLE – 2021 ENGINEERING AND TRAFFIC SURVEY - UPDATE 1 STREET NAME: Plano Street
SURVEY LIMITS: State Route 190 to College Avenue
POSTED SPEED LIMIT: 45 MPH
AVERAGE DAILY TRAFFIC: Recent Count Data Not Available
STREET WIDTH: Varies 40’ to 64’
STREET CONDITION: Fair
CURB & GUTTER: This arterial road has asphalt and dirt shoulder transition on the east and west side.

STREET GEOMETRY: Straight two lane arterial designated street.

DESCRIPTION OF ADJACENT
PROPERTIES: A total of four (4) schools at/or near the corner of Plano Street and College Avenue. Some residential along west
side and mostly open fields along the east side

UNIQUE OR UNUSUAL
CONDITIONS: Due to the increased amount of traffic created by the multiple schools in this area, the speeds of travelers
entering City limits from the south and exiting SR 190 from the north an amount of caution needs to be taken in slowing down traffic and preparing them for the increased amount of pedestrian and bicyclist traffic from the schools.

Caution needs to be taken at the exits of all commercial RECOMMENDATION: Radar speed survey indicates an 85% speed of 43 MPH.

For the reasons stated above, reduce the posted speed limit from 45 MPH to 40 MPH.

CITY OF PORTERVILLE – 2021 ENGINEERING AND TRAFFIC SURVEY - UPDATE 2 STREET NAME: Plano Street
SURVEY LIMITS: College Avenue to Worth Avenue
POSTED SPEED LIMIT: 45 MPH
AVERAGE DAILY TRAFFIC: Recent Count Data Not Available
STREET WIDTH: Varies 40’ to 64’
STREET CONDITION: Fair
CURB & GUTTER: This arterial road has asphalt and dirt shoulder transition on the east and west side.

STREET GEOMETRY: Straight two lane arterial designated street.

DESCRIPTION OF ADJACENT
PROPERTIES: A total of four (4) schools at/or near the corner of Plano Street and College Avenue. Some residential along west
side and mostly open fields along the east side

UNIQUE OR UNUSUAL
CONDITIONS: Due to the increased amount of traffic created by the multiple schools in this area, the speeds of travelers
entering City limits from the south and exiting SR 190 from the north an amount of caution needs to be taken in slowing down traffic and preparing them for the increased amount of pedestrian and bicyclist traffic from the schools.

Caution needs to be taken at the exits of all commercial RECOMMENDATION: Radar speed survey indicates an 85% speed of 48 MPH.

For the reasons stated above, reduce the posted speed limit from 45 MPH to 40 MPH.

Item No. 22.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Adoption of the 6th Cycle Housing Element
SOURCE: Community Development
COMMENT: The Housing Element is one of the components of the City’s General Plan, and contains the City’s goals, policies, and strategic plan for addressing the most critical housing needs in the community over the next eight years. The Housing Element is designed to provide the City with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community.

The Housing Element update was a multi-jurisdictional effort that included the cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare and Woodlake, with the support of the Tulare County Association of Governments.

The Tulare County Regional Housing Element (referred to as the “Housing Element”) represents an innovative approach to meeting State Housing Element law and coordinating resources to address the region’s housing needs. Each participating jurisdiction will adopt the Housing Element separately, and the California Department of Housing and Community Development (HCD) will certify the Housing Element separately for each jurisdiction. On a regional level, the Housing Element provides the opportunity for the participating jurisdictions to respond to the county-wide housing issues and work together to accommodate the region’s share of housing needs (known as the Regional Housing Needs Allocation, or RHNA).

The regional effort included various evaluations, surveys, and calculations. In addition to multiple public outreach efforts and public meetings, staff and the consultant, Rincon Consultants, Inc., have completed parcel-by-parcel land use surveys, an assessment of vacant and under-utilized parcels for residential development, windshield surveys of housing conditions, and a review of the accomplishments of the last cycle of the Housing Element, from 2014 through 2023. Further, the Housing Element update addresses various modifications in State law since adoption of the prior Element. In all, the Housing Element provides a comprehensive study of housing availability, needs, and constraints to development, in addition to establishing specific goals to further the opportunities to meet the housing needs of all aspects of Porterville’s population.

Item No. 22.

A very important component of the Housing Element identifies the types and number of housing units the City must provide and/or have available on developable land as mandated by the 2023 Regional Housing Needs Assessment (RHNA) Plan for the planning period of December 2023 to December 2031. The California Department of Housing and Community Development (HCD) provides each region throughout the state with its proportional share of housing units that must be provided for within the seven-and-a-half-year RHNA period (December 2023 – June 2031). The Council of Governments within each region then allocates to each jurisdiction its proportionate share based on the RHNA plan. Tulare County Association Governments (TCAG) as the Metropolitan Planning Agency for the Tulare County Region, makes allocations specific to jurisdictions based on housing needs of all incomes (market rate and affordable rate housing), market demand for housing, employment opportunities, availability of sites and public facilities, commuting patterns, type and tenure of housing, and the housing needs of special populations. The City of Porterville has been allocated 4,064 units to accommodate over the remainder of the planning period. The following is a breakdown by income level: Extremely Low 506 units, Very Low 366 units, Low 537 units, Moderate 739 units, and Above Moderate 1,916 units. Total Units by 2031 will be 4,064, remaining on an eight-year planning cycle.

Pursuant to the California Environmental Quality Act (CEQA), the Environmental Coordinator has determined that the proposed adoption of the 6th Cycle Housing Element is exempt from further environmental review under the CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION: That the City Council:

1. Hold a Public Hearing; to receive public testimony regarding the 6th Cycle Housing Element;

2. Find that the adoption of the 6th Cycle Housing Element is exempt from CEQA pursuant to CEQA Guidelines Section
15061(b)(3); and

3. Adopt the draft Resolution approving the 6th Cycle Housing Element; and direct staff to submit the approved 6th Cycle Housing Element to the California Department of Housing and Community Development for review and certification.

ATTACHMENTS: 1. 6th Cycle Housing Element (Exhibit A to Draft Resolution)

2. Draft Resolution
Item No. 22.

Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk City of Portervillle Housing Element Update
2023-2031
General Plan Environmental Impact Report Addendum
State Clearinghouse #2006011033
prepared by
City of Porterville
291 North Main Street
Porterville, California 93257
Contact: Claudia Calderon, Community Development Director prepared with the assistance of
Rincon Consultants, Inc.
4589 North Marty Avenue, Unit 102
Fresno, California 93720
December 2025

Table of Contents
General Plan Environmental Impact Report Addendum i
Table of Contents
Acronyms and Abbreviations................................................................................................................ iii 1 Introduction and Project Summary................................................................................................ 1

1.1 Project Title ........................................................................................................................ 1

1.2 Lead Agency/Project Sponsor Name and Address............................................................. 1

1.3 Contact Person and Phone Number................................................................................... 1

1.4 Project Location.................................................................................................................. 1

1.5 Project Description............................................................................................................. 4

1.6 Discretionary Action........................................................................................................... 5

1.7 Prior Environmental Document.......................................................................................... 5

1.8 Location of Prior Environmental Document....................................................................... 5 2 Project Context .............................................................................................................................. 6

2.1 Purpose of the Housing Element........................................................................................ 6

2.2 Regional Housing Needs Allocation.................................................................................... 7

2.3 Changes in State Law.......................................................................................................... 7

2.4 City of Porterville General Plan .......................................................................................... 8

2.5 City of Porterville General Plan EIR .................................................................................... 8

2.6 Housing Element Update.................................................................................................. 10

2.7 Site Inventory ................................................................................................................... 11

2.8 Buildout of Proposed Project and Comparison to the General Plan EIR.......................... 15 3 Overview of CEQA Guidelines Sections 15162 and 15164........................................................... 18 4 Environmental Effects and Determination................................................................................... 20

4.1 Environmental Areas Determined to Have New or Substantially More Severe Significant Effects Compared to Those Identified in the Previous EIR ............................. 20

4.2 Determination .................................................................................................................. 20 5 Addendum Evaluation Methodology ........................................................................................... 22

5.1 General Plan Consistency ................................................................................................. 22

5.2 Preliminary Environmental Constraints........................................................................... 22 6 Addendum Evaluation.................................................................................................................. 24

6.1 Introduction...................................................................................................................... 24

6.2 Aesthetics......................................................................................................................... 24

6.3 Agriculture and Forestry................................................................................................... 25

6.4 Air Quality......................................................................................................................... 26

6.5 Biological Resources......................................................................................................... 27

6.6 Cultural Resources............................................................................................................ 27

6.7 Energy............................................................................................................................... 28

6.8 Geology and Soils ............................................................................................................. 29 City of Porterville
City of Portervillle Housing Element Update 2023-2031
ii

6.9 Greenhouse Gas Emissions .............................................................................................. 30

6.10 Hazards and Hazardous Materials.................................................................................... 31

6.11 Hydrology and Water Quality........................................................................................... 32

6.12 Land Use and Planning ..................................................................................................... 32

6.13 Mineral Resources............................................................................................................ 33

6.14 Noise................................................................................................................................. 34

6.15 Population and Housing ................................................................................................... 35

6.16 Public Services.................................................................................................................. 36

6.17 Recreation ........................................................................................................................ 36

6.18 Transportation.................................................................................................................. 37

6.19 Tribal Cultural Resources.................................................................................................. 38

6.20 Utilities and Service Systems............................................................................................ 39

6.21 Wildfire............................................................................................................................. 40 7 Cumulative Impacts...................................................................................................................... 42

7.1 General Plan EIR Findings................................................................................................. 42

7.2 Addendum Analysis.......................................................................................................... 42

7.3 Conclusion ........................................................................................................................ 42 8 Conclusion.................................................................................................................................... 44 9 References.................................................................................................................................... 45

9.1 Bibliography...................................................................................................................... 45

9.2 List of Preparers................................................................................................................ 45 Tables
Table 1 2023-2031 Regional Housing Need Allocation................................................................... 7 Table 2 Summary of Areas of Potential Impact under the General Plan EIR.................................. 8 Table 3 RHNA Credits.................................................................................................................... 12 Table 4 Housing Unit Yield per Site Category ............................................................................... 13 Table 5 Total Development Evaluated in the 2030 General Plan EIR Compared to the Housing Element Update................................................................................................................ 16 Figures
Figure 1 Regional Location ............................................................................................................... 2 Figure 2 City Limits........................................................................................................................... 3 Figure 3 Housing Opportunity Sites ............................................................................................... 14 Acronyms and Abbreviations
General Plan Environmental Impact Report Addendum iii
Acronyms and Abbreviations
AB Assembly Bill
ADU Accessory Dwelling Unit
AMI Area Median Income
CAL FIRE California Department of Forestry and Fire Protection CCR California Code of Regulations
CEQA California Environmental Quality Act
DOC California Department of Conservation
DOF California Department of Finance
EIR Environmental Impact Report
HCD California Department of Housing and Community Development RHNA Regional Housing Needs Allocation
SB Senate Bill
SJVAPCD San Joaquin Valley Air Pollution Control District SRA State Responsibility Areas
TCAG Tulare County Association of Governments
VHFHSZ Very High Fire Hazard Severity Zones
VMT Vehicle Miles Traveled

Introduction and Project Summary
General Plan Environmental Impact Report Addendum 1
1 Introduction and Project Summary

1.1 Project Title
City of Porterville Housing Element Update 2023-2031 and Zoning Code Update

1.2 Lead Agency/Project Sponsor Name and Address
City of Porterville Community Development Department
291 North Main Street
Porterville, California 93257

1.3 Contact Person and Phone Number
Claudia Calderon, Community Development Director
[email protected]
559-782-7460

1.4 Project Location
The City of Porterville is located in the southeastern portion of the San Joaquin Valley, at the base of the foothills of the Sierra Nevada Mountains. It is approximately 70 miles south of Fresno and 50 miles north of Bakersfield, in the southern part of Tulare County. Visalia, the County seat, is approximately 30 miles to the northwest. Neighboring communities include Strathmore, Springville, Terra Bella, Tipton, Pixley, Woodville, Richgrove, and Lindsay. Sequoia National Park is 50 miles to the northeast. The Tule River Indian Reservation is located approximately 15 miles to the east. Porterville is served by State Routes (SR) 65 and 190 and is approximately 17 miles east of SR 99, a major San Joaquin Valley transportation arterial. Success Reservoir (Lake) and Dam are located on the Tule River five miles east of Porterville.

The Project’s regional location is shown in Figure 1, and the Porterville city limits are shown in Figure 2.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
2 Figure 1 Regional Location
Introduction and Project Summary
General Plan Environmental Impact Report Addendum 3
Figure 2 City Limits
City of Porterville
City of Portervillle Housing Element Update 2023-2031
4 1.5 Project Description
The Project consists of the following elements:

1. Housing Element Update: A comprehensive update to the City of Porterville’s General Plan Housing Element

2. Zoning Code Update: An amendment to the City’s Zoning Ordinance (Chapter 21, Series 600, Article 614) defining by-right approval process in accordance with State law, and establishing that certain housing projects must be allowed by right (including permanent supportive housing; low-barrier navigation centers; and projects that include at least 20 percent of units affordable to lower-income households on sites listed as lower-income sites in the Housing Element that are vacant and used in two prior Housing Element site inventories, or nonvacant and listed in one prior Housing Element site inventory).

State law requires that housing elements be updated every eight years (California Government Code Sections 65580 to 65589.8). Each eight-year period is referred to as a “cycle.” For Porterville, the current (6th) cycle planning period runs from December 2023 through December 2031. Each Housing Element cycle, the California Department of Housing and Community Development assigns each region a share of the state’s housing need, and the regional government (in this case, the Tulare County Association of Governments) assigns each jurisdiction a share of the Regional Housing Need Allocation (RHNA).

The Housing Element Update must contain the following elements:
 Identification and analysis of existing and projected housing needs, resources, and constraints  A statement of goals, policies, quantified objectives, and scheduled programs for preservation, improvement, and development of housing
 Assessment of the City’s fair housing issues
 Adequate provision for existing and projected needs of all economic segments of the population  A Site Inventory which demonstrates the City’s ability to accommodate its share of the RHNA The Project would bring the City’s Housing Element into compliance with Housing Element Law, including legislation passed since the publication of the previous Housing Element (5th Cycle) Housing Element (adopted in 2014).

The Housing Element assists Porterville in determining how to address existing and future housing needs and plan for future growth. The Housing Element Update will not directly result in environmental impacts, as it does not propose to develop any projects nor would it result in land use changes or rezoning. Rather, it establishes objectives and policies designed to guide future development as the City works to achieve State-mandated housing goals. As part of the Housing Element Update, no formal land use changes or physical development is proposed at this time, and future changes will require projectspecific review as potential impacts are location-specific.

The Site Inventory contains “housing opportunity sites” that are suitable for inclusion in the Site Inventory (pursuant to Housing Element Law) with their existing zoning and land use designations.

Zoning changes and future individual development projects will require project-specific environmental review (except those exempted from further CEQA review by Housing Element law and codified in the Zoning Code Update that is part of the Project). When a specific development proposal is considered for approval, that project would be subject to adopted development guidelines/standards and it must Introduction and Project Summary
General Plan Environmental Impact Report Addendum 5
comply with General Plan policies and actions listed in the certified General Plan EIR in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15168(c)(3). If a subsequent activity (in this case a specific development proposal) would have effects not identified in the EIR (the General Plan EIR and all subsequent Addendums), the lead agency must prepare additional CEQA documentation prior to project approval.

The Project also includes text-only amendments to the City’s Zoning Code to ensure consistency with the Housing Element Update and State law. These changes would bring the Zoning Code into compliance with Government Code Section 65583.2, which requires cities to ministerially approve eligible affordable housing projects and exempts such projects from CEQA. These amendments fulfill the City’s obligation under Housing Element law to make Housing Element inventory sites available for development.

This Addendum analyzes the changes and potential impacts related to the adoption of the Housing Element Update and Zoning Code Update. This Addendum is intended to demonstrate the consistency of the Project the existing General Plan to comply with CEQA. The City’s current General Plan underwent extensive environmental review in the form of an EIR, which was certified in February 2008 (State Clearinghouse #2006011033). The City of Porterville 2030 General Plan EIR (hereinafter called the “General Plan EIR”) is a comprehensive document that includes discussion of alternatives and growthinducing impacts associated with buildout of the City at the time it was developed.

This Addendum will compare the implementation of the proposed Project with the full-buildout scenario presented in the General Plan EIR. This Addendum assesses whether the Project would result in impacts not addressed or previously analyzed in the General Plan EIR.

1.6 Discretionary Action
Implementation of the Project would require the following discretionary actions by the City of Porterville City Council:
 Approval of a General Plan Amendment to incorporate the 2023-2031 Housing Element Update  Approval of a Zoning Code text amendment
 Consideration of this Addendum to the certified EIR
The California Department of Housing and Community Development (HCD) reviews and certifies that the proposed Housing Element complies with State law. Aside from HCD, no other approvals by outside public agencies are required.

1.7 Prior Environmental Document
City of Porterville, General Plan Environmental Impact Report (2030 General Plan EIR). State Clearinghouse #2006011033, certified February 2008.

1.8 Location of Prior Environmental Document
https://www.ci.porterville.ca.us/departments/community_development/general_plan_update.php City of Porterville
City of Portervillle Housing Element Update 2023-2031
6 2 Project Context
The California Legislature has identified the attainment of a decent home and suitable living environment for every resident as the State’s major housing goal. Recognizing the important role of local planning programs in pursuing this goal, the Legislature mandated that all cities and counties prepare a housing element as part of their comprehensive general plans. Government Code Sections 65580 to 65589.8 set forth the specific components to be contained in a community’s housing element.

2.1 Purpose of the Housing Element
The Housing Element of the General Plan is designed to provide the City with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community.

Pursuant to State law, the Housing Element has two main purposes:

1. To provide an assessment of both current and future housing needs and constraints in meeting these needs; and

2. To provide a strategy that establishes housing goals, policies, and programs The Housing Element is one of the eight General Plan elements required by State law (Government Code Section 65302). The Housing Element serves as an integrated part of the General Plan but unlike other General Plan elements, is required by State law to be updated every eight years (California Government Code Section 65588). Each eight-year period is referred to as a “cycle,” the current cycle being the sixth.

The Housing Element identifies strategies and programs that focus on:

1. Conserving and improving existing affordable housing

2. Maximizing housing opportunities throughout the community

3. Assisting in the provision of affordable housing

4. Removing governmental and other constraints to housing investment

5. Promoting fair and equal housing opportunities
The Housing Element is an official response to the need to provide housing for all economic segments of the population, establishing goals, policies, and programs that will guide City decision making and set forth an action plan to implement these housing programs through the eight-year planning period.

The Housing Element analyzes market and governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies that promote housing opportunities for all people.

The Housing Element must identify residential sites adequate to accommodate a variety of housing types for all income levels and to meet the needs of special population groups as defined under State law (California Government Code Section 65583).

Project Context
General Plan Environmental Impact Report Addendum 7

2.2 Regional Housing Needs Allocation
The RHNA reflects HCD’s determination of the projected housing needs in a region by household income level as a percent of the Area Median Income (AMI). TCAG was tasked with allocating this regional housing need among the jurisdictions in the TCAG region, which includes the City of Porterville. Table 1 shows the breakdown of Porterville’s share of the RHNA for the 6th Cycle.

Table 1 2023-2031 Regional Housing Need Allocation
Income Category (Percent of Tulare
County Area Median Income [AMI]) Number of Units Percent of Total Units Extremely Low (< 30% of AMI)* 506 10.7%
Very Low (30 to 50% of AMI) 34,207 10.7%
Low (51 to 80% of AMI) 537 13.2%
Moderate (81% to 120% of AMI) 739 18.2%
Above Moderate (> 120% of AMI) 1,916 47.1%
Total 4,064 100%
*The RHNA does not project the need for extremely low-income units, but pursuant to State law (AB 2634), the City must project its extremely low-income housing needs based on Census income distribution or assume 50 percent of the very low-income units required by the RHNA as extremely low-income units. The City’s very low-income requirement is 872 units. The number of extremely low-income units that the City must plan for shown here was projected using Census data. According to the Comprehensive Housing Affordability Strategy (CHAS), data developed by HUD, 39.0 percent of households in the city earned less than 50 percent of the AMI. Among these households, 58.0 percent earned incomes below 30 percent (extremely low-income). Therefore, the City’s RHNA allocation of 872 very low-income units was distributed as 506 extremely low (58 percent of the 872 very low-income units required by the RHNA) and 34,207 very low-income units. However, for the purpose of identifying adequate sites for the RHNA allocation, State law does not mandate the separate accounting for the extremely low-income category.

Source: TCAG, 2022. Final Regional Housing Needs Plan.

2.3 Changes in State Law
The Housing Element Update and Zoning Code Update incorporates and addresses all substantive changes to State housing law since the City’s last Housing Element was adopted and certified in 2016, including, but not limited to:
 Affordable Housing Streamlined Approval Process: Senate Bill 35 (2017)  Additional Housing Element Sites Analysis Requirements: Assembly Bill 1397 (2017)  Affirmatively Furthering Fair Housing: Assembly Bill 686 (2017)  No-Net-Loss Zoning: Senate Bill 166 (2017)
 By Right Transitional and Permanent Supportive Housing: Assembly Bill 2162 (2018) and Assembly Bill 101 (2019)
 Accessory Dwelling Units: Assembly Bill 68 (2019), Assembly Bill 587 (2019), and Assembly Bill 671 (2019)
 Housing Crisis Act of 2019: Senate Bill 330
 Emergency and Transitional Housing Act of 2019: Assembly Bill 139 (2019) City of Porterville
City of Portervillle Housing Element Update 2023-2031
8 2.4 City of Porterville General Plan
State law mandates that each city and county in California adopt "a comprehensive, long-term general plan,” for the physical development of its planning area. The City of Porterville General Plan planning area includes all lands within the City limits. The 2030 General Plan is a legal document that serves as City of Porterville’s “blueprint” or “constitution” for all future land use, development, preservation, and resource conservation decisions. General Plans must be comprehensive and long-term.

The City of Porterville General Plan, adopted in February 2008, is a long-term document with text and diagrams that express the goals, objectives, and policies necessary to guide the community toward achieving its vision. A General Plan establishes and implements goals and policies for regulating development projects and for balancing population growth with infrastructure availability, agricultural preservation, and natural resource protection. Other goals and policies are directed to resource protection, ensuring the timely availability of public infrastructure and services, and encouraging a wellbalanced economy. The plan also integrates new planning concepts endorsed by the City Council and translates Housing Element goals and policies into implementation programs (such as amendments to the City’s code, zoning ordinance, and subdivision regulations) to assure that the City’s vision is implemented.

City decision-makers (e.g., City Council) rely on the General Plan as the basis for development proposals, land use changes, and the provision of public facilities (e.g., roads, parks, fire stations). It is also a policy document that guides decisions related to protecting, enhancing, and providing open space, habitat conservation, arts and recreation programming, and community character.

State law requires that every General Plan, at a minimum, address certain subject categories (called "elements"), which include land use, circulation, housing, conservation, open space, noise, safety, and environmental justice. A General Plan may also address other subjects that are of importance to the community’s future, such as sustainability, community design, and public art. With the adoption of an environmental justice element in September 2024, the City of Porterville General Plan includes all eight mandatory elements (City of Porterville 2008a).

2.5 City of Porterville General Plan EIR
The General Plan EIR addressed the potential environmental effects of the planned buildout of City of Porterville through the approximately 22-year period between 2008 to 2030 and concluded that implementation of the General Plan would result in environmental impacts as detailed in Table 2.

Proposed mitigation measures in the General Plan EIR were incorporated as policies in the General Plan to reduce potential impacts from project development under the General Plan.

Table 2 Summary of Areas of Potential Impact under the General Plan EIR Issue Area
Level of Significance
after Mitigation
Mitigation Proposed
in the General Plan EIR
Aesthetics Less than Significant None required
Agricultural and Forestry Significant and Unavoidable Mitigation considered but found to be infeasible Air Quality Significant and Unavoidable Mitigation Measures AIR-2a, AIR-2b, AIR-3a, AIR-4 Biological Resources Less than Significant None required Cultural and Tribal Cultural
Resources
Less than Significant None required
Project Context
General Plan Environmental Impact Report Addendum 9
Issue Area
Level of Significance
after Mitigation
Mitigation Proposed
in the General Plan EIR
Energy Less than Significant None required
Geology and Soils Less than Significant None required
Greenhouse Gas Emissions Significant and Unavoidable Mitigation Measure GHG-1 Hazards and Hazardous Materials Less than Significant None required Hydrology and Water Quality Less than Significant None required Land Use and Planning Less than Significant None required Mineral Resources No Impact None required
Noise Significant and Unavoidable Mitigation Measures NOI-1b, NOI-2a, NOI-2b Population and Housing Less than Significant None required Public Services, Parks, and
Recreation
Less than Significant None required
Transportation Significant and Unavoidable No feasible mitigation Utilities and Service Systems Less than Significant None required Wildfire Less than Significant None required
Source: City of Porterville 2008b
General Plan Assumptions
The General Plan has a planning horizon year of 2030, but it does not specify or anticipate exactly when buildout would occur, as long-range demographic and economic trends are difficult to predict. The designation of a site in the General Plan for a certain use does not necessarily mean that the site will be developed or redeveloped with that use during the planning period, as most development depends on property owner initiative.

The General Plan estimates a total population of 107,300 residents, 34,250 residential units, and 54,461 jobs by 2030 (City of Porterville 2008b). In 2006, the City of Porterville had 45,220 residents and 14,080 residential units. Thus, it was anticipated that the population would increase by approximately 62,080 residents and the number of residential units would increase by 20,170 units. Currently, the City has a population of 62,934 residents and 19,429 residential units (DOF 2024). For the purpose of this Addendum, the proposed Project and its anticipated growth will be compared to the impacts from full buildout of the 2030 General Plan as presented in Section 1.6 of the General Plan EIR and described here.

The Housing Element Update would accommodate 4,207 units in order to adhere to the City's obligation to address its fair share of regional housing needs, as well as specific State-mandated requirements outlined in the RHNA. The RHNA sets the baseline for the minimum number of housing units that the City must plan for in its Housing Element. This involves providing sufficient sites through the General Plan and zoning. As a result, the projected increase in growth aligns with expectations outlined in the State RHNA accommodation. Therefore, the proposed increase in growth can be considered anticipated as evident by the State RHNA accommodation. Although the proposed buildout could theoretically reach 4,207 units, it is important to note that the Project is not increasing the overall development potential in the City beyond what was previously included in the General Plan and analyzed as part of the General Plan EIR. Therefore, the proposed Project's buildout aligns and is well below what the General Plan already accommodates. Consequently, comparing the Project's residential units to the General Plan level reveals a net increase of zero.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
10 Further, as noted above, actual population growth in the City of Porterville since the General Plan EIR was completed (from 2006 to 2024) was 17,174 residents and 5,394 residential units. The addition of 4,207 units under the proposed Project would not exceed the 20,170 units projected under the General Plan EIR. Rather, the proposed Project is intended to assist the City in achieving the vision of the existing General Plan and provide the necessary housing units to accommodate the anticipated growth and assist the City in meeting its RHNA for their 6th Cycle Housing Element. It is not anticipated that the proposed Project would result in a substantial increase in environmental impacts or create new impacts not previously identified as part of the General Plan EIR. This increase is well within growth projections included in the City of Porterville General Plan EIR which assumed a population of approximately 34,250 individuals at buildout of the General Plan and is intended to help accommodate the growth in City of Porterville that was envisioned by the General Plan when adopted.

2.6 Housing Element Update
The 2023-2031 Housing Element Update has the following major components:
 An Introduction and Community Engagement section that provides an overview of the housing element update and efforts Porterville made to engage the public and gather input to inform development of this Housing Element Update (Chapter E1)  A Housing Needs Assessment for the City of Porterville, summarizing demographic, employment, and housing characteristics. (Chapter E2)
 A Housing Constraints Analysis analyzing constraints to the development of adequate and affordable housing including market, governmental, infrastructure, and environmental factors. (Chapter E3)
 A Housing Resources section documenting the methodology and results of the Site Inventory Analysis conducted to demonstrate the City of Porterville’s ability to meet its share of the 6th cycle RHNA. (Chapter E4)
 An analysis of issues related to Affirmatively Furthering Fair Housing (AFFH) for the City of Porterville. (Chapter E5)
 A Review of Past Accomplishments to review the housing programs adopted in the 5th Cycle Housing Element and evaluate the effectiveness of these programs in delivering housing services and assistance. (Chapter E6)
 A Housing Plan, which comprises the Goals, Policies, and Programs that the City intends to implement over the next eight-year planning cycle. (Chapter E7) Project Context
General Plan Environmental Impact Report Addendum 11
Goals, Policies, and Programs
The primary objective of the Housing Element is to encourage the production of new housing units to meet the RHNA and housing for special needs populations. This is done by adopting a series of goals and policies that facilitate the development of a variety of housing types, explore innovative housing solutions, address the needs of the city’s residents, and affirmatively further fair housing. The 2023-2031 Housing Element Update goals, policies, and programs are summarized below and referenced throughout this Addendum as appropriate.
 Regional Collaboration. The 2023-2031 Housing Element Update includes policies and programs to foster collaboration with jurisdictions within Tulare County to address housing issues.  Housing Development. State law requires that the goals and policies of the Housing Element shall encourage and facilitate the production of a range of types of housing affordable to households of varied income levels. The 2023-2031 Housing Element Update includes policies and programs to provide an adequate supply and range of housing types to meet the diverse needs of residents.  Affordable Housing. The 2023-2031 Housing Element Update includes policies and programs to facilitate the development of affordable housing and protect the existing supply of affordable housing to extremely low-, very low-, low- and moderate-income households.  Housing and Neighborhood Preservation. The 2023-2031 Housing Element Update includes policies and programs to preserve and improve the city’s existing housing stock.  Housing for Persons with Special Needs. The 2023-2031 Housing Element Update includes policies and programs to support and provide housing and services for people with special housing needs in the community.
 Resource Conservation and Sustainable Development. The 2023-2031 Housing Element Update includes policies and programs to ensure development of energy efficient and sustainable new housing.
 Affirmatively Furthering Fair Housing. The 2023-2031 Housing Element Update includes policies and programs to promote housing opportunities and access for residents regardless of age, race, religion, sex, marital status, ancestry, national origin, color, disability, or economic level in compliance with local, State, and federal fair housing laws.

2.7 Site Inventory
The Housing Element must demonstrate through the Site Inventory that the City has capacity to meet its share of the RHNA. Porterville’s share of the RHNA for the current planning period is 4,064 units, consisting of 1,409 lower-income housing units, 739 moderate-income housing units, and 1,916 above moderate-income housing units. The City must demonstrate the availability of sites with appropriate zoning and development standards that can facilitate and encourage the development of such units. The Housing Element Update includes a Site Inventory that accommodates Porterville’s share of the RHNA plus a buffer of additional housing units as recommended by the HCD. The Site Inventory identifies opportunity sites, which refer to parcels of land identified in a jurisdiction’s Housing Element site inventory as having realistic potential for residential development within the planning period.

The City would meet its RHNA through planned, approved, and pending projects projected to develop during the planning period and adequate sites identified in the Site Inventory, including opportunity sites.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
12 Credits
Credits refer to planned and approved housing projects and anticipated accessory dwelling units (ADUs) that can count toward a city's RHNA obligation. These credits represent housing units that have been entitled or permitted, plus projected ADUs within the 6th cycle, and help demonstrate progress in meeting the jurisdiction’s required housing production targets. Table 3 shows the City’s share of RHNA and housing unit yield per income category that is met by housing credits.

PLANNED, APPROVED, AND PENDING PROJECTS
Jurisdictions may count planned, approved, and pending residential units as credits towards their RHNA.

These units can be counted toward each income level according to demonstrated affordability, provided it can be demonstrated that the units can be built within the planning period. These pipeline projects are mostly concentrated in Northwest and Southwest Porterville and consist of single-family and multifamily projects. As shown in Chapter E4 of the Housing Element, Housing Resources, the City currently has 694 above moderate-income planned, approved, and pending projects, which may be credited towards the City’s RHNA.

ADUS
Jurisdictions may count the potential for ADU development as credits towards their RHNA. Legislation in California has recently facilitated the increased permitting and production of ADUs in many communities. The City issued an average of three building permits for ADUs per year during the last five years. Extrapolated over the eight-year Housing Element planning period, the City can assume the production of approximately 24 ADUs during the 2023-2031 planning period.

Table 3 RHNA Credits
Lower Income Moderate Income
Above
Moderate Income Total
RHNA Obligation 1,409 739 1,916 4,064
Planned and Approved Units 0 0 694 694
Anticipated ADUs 0 0 24 24
Total Unit Credits 0 0 718 718
Remaining RHNA Obligation 1,409 739 1,198 3,346
Source: City of Porterville 2024
Sites in Inventory
The City has not identified enough units through the RHNA credits described above (projected Accessory Dwelling Unit (ADU) development and pending, approved, or permitted projects) to meet the 6th Cycle RHNA for all categories. Therefore, the City identified sites to include in the Site Inventory to accommodate 1,629 lower-income units, 847 moderate-income units, and 1,731 above moderateincome units on 70 opportunity sites. The summary of the residential Site Inventory is presented in Table 4.

HOUSING OPPORTUNITY SITES
Housing Opportunity Sites refer to specific parcels of land identified by a city or county as suitable for residential development to accommodate projected housing needs, particularly for different income Project Context
General Plan Environmental Impact Report Addendum 13
levels. These sites are included in the Site Inventory, a key component of the Housing Element required by California State law (Government Code Section 65583.2).

The Housing Element Update has prepared an inventory of suitable sites for housing development. As shown in Table 4, the Site Inventory is broken into five distinct geographic areas of the city (Central, Northeast, Northwest, Southeast, and Southwest Porterville). Please refer to Chapter E4, Housing Resources, of the Housing Element Update for details on housing opportunity sites.

Of the 70 sites included in the City’s Site Inventory, 60 are vacant and 10 are on sites with currently operational agricultural uses (nonvacant sites). The Site Inventory includes a surplus of 220 lowerincome units, giving the City a 16 percent buffer for this income category.

Table 4 Housing Unit Yield per Site Category
Lower Income
Moderate
Income
Above Moderate
Income Total
Remaining RHNA Obligation 1,409 739 1,198 3,346
Opportunity Sites – Central Porterville 125 22 0 147
Opportunity Sites – Northeast Porterville 965 681 1,626 3,272 Opportunity Sites – Northwest Porterville 0 0 10 10
Opportunity Sites – Southeast Porterville 451 5 26 482
Opportunity Sites – Southwest Porterville 88 139 69 296 Total Units on Sites 1,629 847 1,731 4,207
Source: City of Porterville 2024
City of Porterville
City of Portervillle Housing Element Update 2023-2031
14 Figure 3 Housing Opportunity Sites
Project Context
General Plan Environmental Impact Report Addendum 15

2.8 Buildout of Proposed Project and Comparison to the
General Plan EIR
The Project is programmatic in nature. It is a policy document that includes targeted programs that facilitate and guide housing development towards designated housing opportunity sites. This addendum conducts a comprehensive analysis of project implementation and evaluates environmental effects of these programs and their cumulative impacts.

The total buildout for the Housing Element Update would be 4,207 units. As discussed above, new development under the General Plan would result in an increase of the city’s population by 62,080 new residents for a total of 107,300 residents by 2030 (City of Porterville 2008).

CEQA Baseline and Comparison to the 2030 General Plan EIR The CEQA baseline for this analysis is the maximum allowable development for residential uses under the City’s 2030 General Plan EIR. The 2030 General Plan EIR assumed a buildout of 34,250 new residential units and 107,300 new residents (City of Porterville 2008b). Table 5 compares the potential buildout under the Housing Element Update to the buildout contemplated in the 2030 General Plan EIR.

As shown on Table 5, Porterville had a population of 45,220 and 14,080 housing units in 2006 (City of Porterville 2008b). As of 2024, Porterville has a population of 62,934 and 19,429 housing units as of May 2024 (DOF 2024). This represents an increase of 17,714 residents and 5,349 housing units since the General Plan EIR was certified. The growth in Porterville occurred at a slower rate than was anticipated by the 2030 General Plan, and there is a remaining capacity of 9,472 housing units, or 44,366 persons, before the full anticipated General Plan buildout is reached.

The proposed Housing Element Update is expected to result in an increase of 4,207 units, or 13,925 residents1 in order for Porterville to meet its State-mandated RHNA. This would result in a total city population of 76,859, which is below the anticipated General Plan total buildout of 107,300 residents. As shown on Table 5, this increase is well within growth projections anticipated in the City of Porterville’s General Plan EIR.

The projected growth aligns with RHNA requirements and is consistent with regional housing expectation. Additionally, the Housing Element Update does not directly drive population growth but rather aims to prepare for anticipated development within the region. The proposed Project is intended to assist the City in achieving the vision of the existing 2030 General Plan and provide the necessary housing units to accommodate the anticipated growth and assist the City in meeting its RHNA for the 6th Cycle Housing Element period.

The Project would not exceed General Plan buildout projections, and because the General Plan EIR analyzed impacts associated with full General Plan buildout, the Project would not be expected to result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. A full analysis of the potential for new or substantially more severe environmental effects is provided in Section 6, Addendum Evaluation.
1Based on a residential unit increase of 2,574 units multiplied by 3.56 persons per household (DOF 2024) City of Porterville
City of Portervillle Housing Element Update 2023-2031
16 Table 5 Total Development Evaluated in the 2030 General Plan EIR Compared to the Housing Element Update
2006 Actual
Population and
Housing (a)
2024 Actual
Population and
Housing (b)
Actual Growth
from 2021 to
2024 (c=b-a)
Buildout
Assumed
under 2030
General Plan
EIR (d)
Buildout
Remaining
under 2030
General Plan
EIR (e=d-c)
Buildout under
Proposed Housing
Element Update (f)
Housing
Units
14,080 19,429 +5,349 34,250 9,472 4,207
Population 45,220 62,934 +17,714 107,300 44,366 13,925
1 Based on Porterville persons per household of 3.31 (DOF 2024)

2.9 Zoning Text Amendment
The City of Porterville is updating its Zoning Code to establish a By-Right Approval Ordinance (new Article 614, By Right Approval, in Chapter 21, Series 600). The ordinance will require ministerial approval for eligible affordable housing projects, and per State law, exempts those projects from CEQA. Codified under Government Code Sections 65583.2 and 65913.4, this applies to projects that include at least 20 percent of units affordable to low-income households on Housing Element inventory sites assumed to accommodate lower-income development and that are vacant and used in two prior Housing Element site inventories, or nonvacant and listed in one prior Housing Element site inventory. The ordinance brings the Zoning Code into compliance with State law, which requires qualifying projects to proceed without discretionary review and making them exempt from CEQA. These by-right requirements for Site Inventory reuse sites would apply to the sites listed in Table 6. These sites are in the City’s 6th Cycle Housing Element inventory and meet the criteria for reuse sites described above.

Table 6 Sites Used in Previous Planning Periods
Address APN Acres Land Use Zoning Existing Use
W Putnam Ave & N Wisconsin St 251191003 0.82 High Density Residential
RM-3 Vacant
E Putnam Ave & Holcomb St 255170029 8.83 High Density
Residential
RM-3 Vacant
E Putnam Ave & N Newcomb St 245150054 12.75 High Density Residential
RM-3 Vacant
E Putnam Ave & Holcomb St 255170001 12.51 High Density
Residential
RM-3 Agriculture
E Reid Ave & N Lime St 255210007 19.05 High Density
Residential
RM-3 Agriculture
W Reid Ave & Drive 242 255250015 14.13 High Density
Residential
RM-3 Agriculture
E Morton Ave & N Conner St 254040032 4.28 High Density
Residential
RM-3 Agriculture
E Morton Ave & N Conner St 254040033 4.75 High Density
Residential
RM-3 Agriculture
E Putnam Ave & N Conner St 254040034 4.77 High Density
Residential
RM-3 Agriculture
E Putnam Ave & N Conner St 254040035 4.76 High Density
Residential
RM-3 Agriculture
Project Context
General Plan Environmental Impact Report Addendum 17
Address APN Acres Land Use Zoning Existing Use
E Putnam Ave & N Conner St 254050048 4.80 High Density
Residential
RM-3 Agriculture
E Putnam Ave & N Conner St 254050049 4.82 High Density
Residential
RM-3 Agriculture
E Olive Ave & N Conner St 254050050 4.82 High Density
Residential
RM-3 Agriculture
City of Porterville
City of Portervillle Housing Element Update 2023-2031
18 3 Overview of CEQA Guidelines Sections
15162 and 15164
CEQA Guidelines Sections 15162 and 15164 set forth the criteria for determining the appropriate additional environmental documentation, if any, to be completed when a project has a previously certified EIR.

CEQA Guidelines Section 15164 states that a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary. None of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. CEQA Guidelines Section 15162(a) states that no Subsequent or Supplemental EIR shall be prepared for a project with a certified EIR unless the lead agency determines, based on substantial evidence in the light of the whole record, one or more of the following:

1. Substantial changes are proposed in the project that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:

A. The Project will have one or more significant effects not discussed in the previous EIR.

B. Significant effects previously examined will be substantially more severe than shown in the previous EIR.

C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

D. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The analysis pursuant to CEQA Guidelines Section 15162 demonstrates whether the lead agency can approve the activity as being within the scope of the existing certified EIR, that an addendum to the existing EIR would be appropriate, and no new environmental document, such as a new EIR, would be required. The addendum need not be circulated for public review but can be included in or attached to the Final EIR, and the decision-making body shall consider the addendum with the Final EIR prior to deciding on the project.

According to CEQA Guidelines Section 15164, an addendum to a previously certified EIR is the appropriate environmental document in instances when “only minor technical changes or additions are necessary” and when the new information does not involve new significant environmental effects or a substantial increase in the severity of a significant effect beyond those identified in the previous EIR.

CEQA Guidelines Section 15164 states that:

Overview of CEQA Guidelines Sections 15162 and 15164
General Plan Environmental Impact Report Addendum 19
a. The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b. An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred.
c. An addendum need not be circulated for public review but can be included in or attached to the final EIR.
d. The decision-making body shall consider the addendum with the final EIR prior to making a decision on the project.
e. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record.

The City has prepared this Addendum pursuant to CEQA Guidelines Sections 15162 and 15164 to evaluate whether the project’s environmental impacts are covered by and within the scope of the City of Porterville 2030 General Plan Final EIR (certified February 2008, State Clearinghouse #2006011033).

This Addendum details any changes in the project, changes in circumstances under which the project is undertaken, and/or "new information of substantial importance" that may cause one or more effects on environmental resources.

The analysis herein substantiates and supports the City’s determination that the proposed project is within the scope of the General Plan EIR, does not require subsequent action under CEQA Guidelines Section 15162 and, in conjunction with the EIR, adequately analyzes potential environmental impacts.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
20 4 Environmental Effects and Determination

4.1 Environmental Areas Determined to Have New or
Substantially More Severe Significant Effects
Compared to Those Identified in the Previous EIR
The subject areas checked below were determined to be new significant environmental effects or to be previously identified effects that have a substantial increase in severity either due to a change in project, change in circumstances, or new information of substantial importance, as indicated by the checklist and discussion on the following pages.
■ NONE
□ Aesthetics □ Agriculture and
Forestry Resources
□ Air Quality
□ Biological Resources □ Cultural Resources □ Energy
□ Geology and Soils □ Greenhouse Gas
Emissions
□ Hazards and Hazardous
Materials
□ Hydrology and Water
Quality
□ Land Use and Planning □ Mineral Resources
□ Noise □ Population and
Housing
□ Public Services
□ Recreation □ Transportation □ Tribal Cultural Resources □ Utilities and Service
Systems
□ Wildfire □ Mandatory Findings
of Significance

4.2 Determination
Based on this analysis:
□ Substantial changes are proposed in the project or there are substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. Or, there is "new information of substantial importance," as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, a SUBSEQUENT or SUPPLEMENTAL EIR is required.

Environmental Effects and Determination
General Plan Environmental Impact Report Addendum 21
■ No substantial changes are proposed in the project and there are no substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects.

Also, there is no "new information of substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, the previously certified EIR is adequate, and this evaluation serves as an ADDENDUM to the 2030 General Plan Final Environmental Impact Report (General Plan FEIR; State Clearinghouse Number 2006011033; certified February 2008).
7/29/2025
Signature Date
Claudia Calderon Community Development Director
Printed Name Title
City of Porterville
City of Portervillle Housing Element Update 2023-2031
22 5 Addendum Evaluation Methodology

5.1 General Plan Consistency
The Housing Element is a component of the 2030 General Plan and is periodically updated pursuant to State law. Therefore, the Project is consistent with the vision of the General Plan and is supported by goals and policies of the other General Plan Elements. The General Plan Elements and policies that correspond with the goals and policies of the Housing Element are summarized below:
 The Land Use Element includes goals, objectives, policies, and standards for residential, commercial, industrial, agricultural, and public and institutional development within Porterville. It includes the Land Use Diagram, land use classification system, and buildout of the 2030 General Plan.  The Economic Development Element includes goals, objectives, policies, and standards for diversifying the local economy and increasing the quality and quantity of job opportunities for local residents.
 The Circulation Element includes goals, objectives, policies, and standards for establishing a safe and efficient transportation system that provides adequate access throughout the city.  The Parks, Schools, and Community Facilities Element includes goals, objectives, policies, and standards for developing and managing the City’s park and recreational facilities, schools, and community facilities.
 The Open Space and Conservation Element includes goals, objectives, policies, and standards for the conservation, development, and use of open space and natural resources within the city.  The Public Health and Safety Element includes goals, objectives, policies, and standards for identifying natural and man-made public health and safety hazards and establishing preventative measures to mitigate their impacts.
 The Public Utilities Element includes goals, objectives, policies, and standards for ensuring that public utilities have capacity to serve new development without degrading existing service levels.  The Noise Element includes goals, objectives, policies, and standards for identifying noise sources and establishing preventative and responsive measures to mitigate impacts.  The Environmental Justice Element includes goals, objectives, policies, and standards to promote social equity within the community and ensure that disadvantaged communities are considered throughout land use and long-range planning processes.

Adoption of the Housing Element Update will require the City to amend the 2030 General Plan by replacing the existing Housing Element with the proposed Housing Element Update.

5.2 Preliminary Environmental Constraints
State housing law requires the City to review both governmental and non-governmental constraints to the production and maintenance of housing for all income levels. Since local governmental actions can restrict the development and increase the cost of housing, State law requires the Housing Element to “address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing” (Government Code Section 65583[c][3]).

Several factors can constrain residential development. These include market constraints, such as Addendum Evaluation Methodology
General Plan Environmental Impact Report Addendum 23
development costs and interest rates, and governmental constraints, which include land use controls, fees, processing times, and development standards, among others. In addition, environmental and infrastructure constraints can also impede residential development. For purposes of the Addendum, only the potential environmental constraints, as they relate to CEQA, were evaluated.

Environmental constraints to residential development typically relate to the presence of sensitive habitat, flooding, topography, and other natural and physical characteristics that can limit the amount of development in an area or increase the cost of development. The Housing Element Update, in and of itself, does not propose specific development projects, but rather puts forth goals, policies, and programs that support housing efforts in Porterville. Future housing development projects would be subject to developmental review to determine potential impacts specific to that project site.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
24 6 Addendum Evaluation

6.1 Introduction
As discussed in Sections 2.8 and 2.9 above, the total buildout for the Housing Element Update would be 4,207 units and the Zoning Code Update would not result in physical changes. That number is consistent with the growth projections of the General Plan and therefore would be within the scope of the General Plan EIR since growth within the city has occurred at a slower rate than was anticipated. Therefore, the amount of growth anticipated and evaluated under the General Plan is applicable to the proposed Project. General Plan EIR findings and analysis of the proposed Project’s impacts are included for each appendix G section below.

6.2 Aesthetics
General Plan EIR Findings
Aesthetics are discussed in Section 3.2, Visual Resources, of the General Plan EIR. The General Plan EIR determined that the 2030 General Plan would have less than significant impacts related to scenic vistas; scenic resources; substantially degrading existing visual character or quality of public views; and light and glare, with compliance with the Porterville Municipal Code (PMC) and implementation of 2030 General Plan policies.

Addendum Analysis
The Housing Element Update is a policy document that identifies 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. The Zoning Code Update would not result in any physical development.

The Housing Element Update does not include specific housing developments but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the General Plan. Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to scenic vistas, scenic resources, or visual character, and will not create new sources of substantial light or glare which could adversely affect views. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR. The Zoning Code Update would exempt certain housing projects from further CEQA review, and would prohibit any discretionary review, which could result in some of the City’s discretionary development standards or guidelines not being applied to a qualifying project. However, these limitations are already required under State law, so the Zoning Code Update does not result in any new impacts to aesthetics.

All future development would be subject to adopted development guidelines, including standards that govern visual quality and community design. Specifically, future development would be required to comply with 2030 General Plan policies LU-I-3, LU-I-12, LU-I-14, LU-I-15, LU-I-17, LU-I-18, LU-I-20, LU-I21, LU-I-24, LU-I-25OSC-I-5, OSC-I-13, OSC-I-27 through OSC-I-29, OSC-I-31, OSC-I-72, OSC-I-74, and PSCF-I-8, which would promote design consistent with the character of the city, preserve scenic views and resources, and reduce unnecessary light and glare.

Addendum Evaluation
General Plan Environmental Impact Report Addendum 25
Conclusion
The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of aesthetics is required.

6.3 Agriculture and Forestry
General Plan EIR Findings
Agriculture and forestry resources are discussed in Section 3.1, Land Use, of the General Plan EIR. The General Plan EIR determined that implementation of the 2030 General Plan would result in significant and unavoidable impacts related to conversion of Important Farmland, conversion of agricultural and farmland to non-agricultural uses, and conflicts with existing zoning for agricultural use or a Williamson Act contract, with no feasible mitigation.

Addendum Analysis
The Housing Element Update is a policy document that identifies 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. The Zoning Code Update would not result in any physical development.

As outlined under Section 2.6, Accommodation of the RHNA, 10 sites in the Site Inventory are located on land currently occupied by agriculture. However, the land is currently zoned for high-density residential uses and the sites are not subject to the Williamson Act. The General Plan policies and actions aim to focus new growth and development at infill locations and to protect open space areas and agricultural lands, including policies LU-I-5, OSC-I-1, OSC-I-2, OSC-I-16 through OSC-I-18, and OSC-I-20. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions, thereby reducing impacts related to the loss of Prime Farmland, Farmland of Statewide Importance, and Unique Farmland to the furthest extent possible, and would continue to be required with implementation of the proposed Project.

Additionally, because it is a policy document, the Housing Element Update would not directly result in impacts to farmland. The Housing Element Update does not include specific projects involving new housing development but puts forth goals and policies that support housing efforts in City of Porterville consistent with the overall vision of the General Plan. The proposed buildout would be within the buildout contemplated in the General Plan EIR.

Future development facilitated by the Housing Element Update would undergo project-specific environmental review, including design review, and would be subject to adopted development regulations. The proposed Project would implement the 2030 General Plan, thereby resulting in the same agriculture and forestry impacts from new development as evaluated in the certified EIR.

Conclusion
The adoption of the Project does not involve changes to the current adopted land use or zoning designations. The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Housing Element Update and no additional environmental assessment of agriculture and forestry resources is required.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
26 6.4 Air Quality
General Plan EIR Findings
Air quality is discussed in Section 3.4, Air Quality, of the General Plan EIR. The General Plan EIR determined that the 2030 General Plan would result in significant and unavoidable impacts related to consistency with Air Quality Management Plans; long-term operational criteria air pollutants; and exposure to substantial pollutant concentrations even with implementation of 2030 General Plan policies. The General Plan EIR found that impacts related to construction criteria air pollutants and odors would be less than significant.

Addendum Analysis
The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing opportunity sites located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Most vacant sites are infill sites where development and infrastructure already exist throughout the area. The Zoning Code Update would not result in any physical development.

The proposed Housing Element Update buildout would be within the buildout contemplated in the General Plan EIR. The Housing Element Update does not include specific projects involving new housing development but puts forth goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to air quality. Potential air quality-related impacts cannot be assessed in a meaningful way until a project specific analysis is done covering the size of the development which includes construction air quality emissions, project operational emissions and potential vehicle miles traveled. Short-term air quality impacts resulting from construction of the sites, such as dust generated by clearing and grading activities, exhaust emissions from gas- and dieselpowered construction equipment, and vehicular emissions associated with the commuting of construction workers will be subject to San Joaquin Valley Air Pollution Control District (SJVAPCD) rules and protocols. Similarly, operational impacts would be addressed by provisions in the General Plan, the PMC, and other regulations and standards that govern air quality in Porterville.

The 2030 General Plan policies and actions support the reduction of air quality impacts, including policies LU-I-16, C-I-7, OSC-I-33, OSC-I-34, and OSC-I-59 through OSC-I-66, which would minimize operational criteria air pollutant emissions and substantial pollutant concentrations. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions.

Conclusion
The adoption of the Project would neither result in air quality impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of air quality is required.

Addendum Evaluation
General Plan Environmental Impact Report Addendum 27

6.5 Biological Resources
General Plan EIR Findings
Biological resources are discussed in Section 3.6, Biological Resources, of the General Plan EIR. The General Plan EIR found that the 2030 General Plan would result in significant and unavoidable impacts to special-status species and riparian habitats even with implementation of 2030 General Plan policies.

The General Plan EIR determined that implementation of the 2030 General Plan would have less than significant impacts on movement of fish or wildlife species; wetlands; conflict with local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance; and conflict with adopted plans such as the Recovery Plan for Upland Species of the San Joaquin Valley and the Valley Elderberry Longhorn Beetle Habitat Conservation Plan with implementation of 2030 General Plan policies.

Addendum Analysis
The Housing Element Update is a policy document that identifies 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. The 2030 General Plan policies and actions aim to focus new growth and development at infill locations and to protect biological resources, including policies LU-I-3, LU-I-5, LU-I-17, LU-I-23, LU-I-43, C-I-7, OSC-I-3, OSC-I-4, OSC-I-6, OSC-I-11 through OSC-I-13, OSC-I-26 through OSC-I=29, OSC-I-31, OSC-I33, OSC-I-34 through OSC-I-36, which would reduce impacts related to biological resources.

Furthermore, protection of special status species and habitat is mandated by federal and State laws.

Future development would be required to comply with 2030 General Plan policies and PMC requirements related to species and habitat protection and tree preservation.

The Housing Element Update does not include specific projects involving new housing development, but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to biological resources and conservation or habitat management plans. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR. The Zoning Code Update would not result in any physical development.

Conclusion
The adoption of Project does not involve changes to the current adopted land use or zoning designations. The adoption of the Project would neither result in biological impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the projects and no additional environmental assessment of biological resources is required.

6.6 Cultural Resources
General Plan EIR Findings
Cultural resources are discussed in Section 3.7, Cultural Resources, of the General Plan EIR. The General Plan EIR determined that the 2030 General Plan would result in less than significant impacts to historical resources, archaeological resources, human remains, and paleontological resources with implementation of 2030 General Plan policies.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
28 Addendum Analysis
The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. The Zoning Code Update would not result in any physical development.

While the vacant sites consist of currently undeveloped land, policies and actions from the 2030 General Plan would be protective of potential on-site cultural resources, including policies LU-I-17, LU-I-34, OSCI-72 through OSC-I-74 from the 2030 General Plan which would reduce impacts related to historical, archaeological, and paleontological resources. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions. Although known historic resource sites are located throughout Porterville, future development would be evaluated for conformance with the city’s General Plan, Municipal Code, and other applicable State and local regulations. Future development would also be required to adhere to Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98, and California Code of Regulations Section 15064.5(e), which would reduce impacts on human remains.

The Housing Element Update does not include specific projects involving new housing development, but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to cultural resources.

Conclusion
The adoption of the Project does not involve changes to the current adopted land use or zoning designations. The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Housing Element Update and no additional environmental assessment of cultural resources is required.

6.7 Energy
General Plan EIR Findings
Energy is discussed in Section 3.12, Energy Use and Climate Change, of the General Plan EIR. The General Plan EIR determined that the significance of impacts related to the substantial increase in energy consumed by residential and non-residential is unknown.

Addendum Analysis
The Housing Element Update is a policy document that identifies 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. New projects would be required to adhere to the current California Energy Code and CALGreen standards, which include requirements for the use of more energy-efficient design and technologies as well as the incorporation of more renewable energy resources into building design than the CALGreen standards that were in place during the General Plan EIR analysis. The Zoning Code Update would not result in any physical development.

Although future projects would involve the consumption of non-renewable energy resources such as electricity, natural gas, propane, gasoline, and diesel, they would be required to comply with State and Addendum Evaluation
General Plan Environmental Impact Report Addendum 29
local regulations pertaining to energy, such as Title 20, Energy Building Regulation, and Title 24, Energy Conservation Standards, of the California Code of Regulations (CCR). The 2030 General Plan policies and actions support reduction of energy use impacts, including policies LU-I-16, and OSC-I-67 through OSC-I71, which would reduce impacts related to energy. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions.

The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to energy resources or adopted plans for renewable or efficient energy use. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR.

Conclusion
The adoption of the Project does not involve changes to the current adopted land uses or zoning designations. The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of energy is required.

6.8 Geology and Soils
General Plan EIR Findings
Geology and soils are discussed in Section 3.8, Geology and Soils, of the General Plan EIR. The General Plan EIR determined that implementation of the 2030 General Plan would result in less than significant impacts related to rupture of a fault, ground shaking, landslides, soil erosion, subsidence, liquefaction, lateral spreading, settlement and collapse, and expansive soils with implementation of 2030 General Plan policies.

Addendum Analysis
The Housing Element Update is a policy document that identifies 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Most vacant housing opportunity sites are infill sites where development and infrastructure already exist throughout the area.

As discussed in the General Plan EIR, Porterville is susceptible to earthquake-related hazards such as ground shaking and liquefaction; is susceptible to subsidence; contains soil with slight erosion susceptibility; contains expansive soils; does not contain areas susceptible to landslides; and contains sensitive areas for the presence of paleontological resources. Nonetheless, as described in the General Plan EIR, compliance with the California Building Code, existing State and local regulations, and the policies and actions of the 2030 General Plan would ensure impacts related to geology and soils are reduced to a less than significant level. The 2030 General Plan policies OSC-I-15, OSC-I-21 through OSC-I25, OSC-I-39, OSC-I-48, and PHS-I-1 through PHS-I-6 would reduce impacts related to geology and soils.

Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions.

The Housing Element Update does not include specific projects involving new housing development, but rather establishes goals and policies that support housing efforts in Porterville consistent with the City of Porterville
City of Portervillle Housing Element Update 2023-2031
30 overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to geology and soils. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR. The Zoning Code Update would not result in any physical development.

Conclusion
The adoption of the Project does not involve changes to the current adopted land use or zoning designations. The adoption of the Project would neither result in geology and soils impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed Project and no additional environmental assessment of geology and soils is required.

6.9 Greenhouse Gas Emissions
General Plan EIR Findings
Greenhouse gas emissions are discussed in Section 3.12, Energy Use and Climate Change, of the General Plan EIR. The General Plan EIR found that the 2030 General Plan would result in a substantial increase in total vehicle miles traveled (VMT) and would result in a substantial increase in greenhouse gas emissions, though the level of significance was unknown.

Addendum Analysis
The 2030 General Plan goals and policies support reduction of greenhouse gas emissions impacts.

Policies and actions in the 2030 2030 General Plan included as mitigation in the General Plan EIR are implemented to help reduce impacts to the greatest extent possible. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions. The Zoning Code Update would not result in any physical development.

The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Most vacant sites are infill sites where development and infrastructure already exist throughout the area.

Potential greenhouse gas emission impacts cannot be assessed in a meaningful way until a projectspecific analysis that takes into account factors including the size of the development, construction greenhouse gas emissions, project operational emissions, and potential vehicle miles traveled is conducted.

Because it is a policy document, the Housing Element Update would not directly result in impacts to greenhouse gas emissions or adopted plans for the purpose of reducing greenhouse gases. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR. Future development consistent with the Housing Element Update would be required to adhere to applicable climate and greenhouse gas emissions regulations including consistency with SB 32, AB 32, SB 97, and SB 375. Future development would also be required to comply with policies LU-I-2, LU-I-5, LU-I-15, LU-I-16, LU-I-20, C-I-3, C-I-10, C-I-15, C-I-16, OSC-I-63, OSC-I-65, and OSC-I-67 through OSC-I-71 of the 2030 General Plan, which would reduce impacts related to greenhouse gas emissions.

Addendum Evaluation
General Plan Environmental Impact Report Addendum 31
Conclusion
The adoption of the Project would neither result in greenhouse gas emissions impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed Project and no additional environmental assessment of GHG emissions is required.

6.10 Hazards and Hazardous Materials
General Plan EIR Findings
Hazards and hazardous materials are discussed in Section 3.9, Hazardous Materials and Safety, of the General Plan EIR. The General Plan EIR determined that implementation of the 2030 General Plan would result in less than significant impacts related to the use, transportation, and disposal of hazardous materials; release of hazardous materials in the environment; handle of hazardous materials near existing and proposed schools; location of sites on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5; interference with an airport land use plan or creation of airportrelated safety hazards; and interference with an adopted emergency response plan or emergency evacuation plan.

Addendum Analysis
The 2030 General Plan goals and policies support reduction of hazards and hazardous materials impacts.

Policies and actions in the 2030 General Plan are implemented to help reduce impacts to the greatest extent possible. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions. The Zoning Code Update would not result in any physical development.

The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Most vacant sites are infill sites where development and infrastructure already exist throughout the area.

The City requires new projects to analyze potential site-specific hazardous waste impacts pursuant to State regulations. The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to hazards or hazardous materials. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR. All future development consistent with the Housing Element Update would be required to comply with applicable 2030 General Plan policies and guidelines regarding hazards and hazardous materials including PHSPHS-I-17 through PHS-I-23, PHS-I-29 through PHS-I-32, C-I-3, C-I-28, C-I-35, LU-I-13, LU-I-25, N-I-9, and NI-10, which would reduce impacts related to hazards and hazardous materials.

Conclusion
The adoption of the Project does not involve changes to the current adopted land uses or zoning designations. The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of hazards and hazardous materials is required.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
32 6.11 Hydrology and Water Quality
General Plan EIR Findings
Hydrology and water quality are discussed in Section 3.10, Hydrology and Water Resources, of the General Plan EIR. The General Plan EIR determined that the 2030 General Plan would have less than significant impacts related to substantially degrading surface or groundwater quality; decrease of groundwater supplies and interference with groundwater recharge; and substantially alter the existing drainage pattern of a site or area resulting in substantial erosion or siltation, flooding, exceedance of stormwater drainage systems, or redirection of flood flows.

Addendum Analysis
The 2030 General Plan goals and policies support reduction of hydrology and water quality impacts.

Policies and actions in the 2030 General Plan are implemented to help reduce impacts to the greatest extent possible. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions. The Zoning Code Update would not result in any physical development.

The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Most vacant sites are infill sites where development and infrastructure already exist throughout the area.

The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to hydrology or water quality. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR. Since 60 of the sites are currently vacant, future projects would increase impervious surfaces on the sites which would increase the rate and amount of surface runoff. Nonetheless, all future development consistent with the Housing Element Update would be required to comply with applicable State and local regulations related to hydrology and water quality including 2030 General Plan policies OSC-I-12, OSC-I-37 through OSC-I-57, and PU-I-6, which would reduce impacts related to hydrology and water quality.

Conclusion
The adoption of the Project does not involve changes to the current adopted land uses or zoning designations. The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of hydrology and water quality is required.

6.12 Land Use and Planning
General Plan EIR Findings
Land use and planning are discussed in Section 3.1, Land Use, of the General Plan EIR. The General Plan EIR determined that implementation of the 2030 General Plan would result in less than significant Addendum Evaluation
General Plan Environmental Impact Report Addendum 33
impacts related to physically dividing an established community; and conflicting with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

Addendum Analysis
The 2030 General Plan goals and policies support reduction of impacts due to land use and planning.

However, no formal land use changes or physical development are proposed at the time of adoption of the Housing Element. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions. The Zoning Code Update would not result in any physical development.

The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Most vacant sites are infill sites where development and infrastructure already exist throughout the area.

The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts due to land use or planning. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR.

Conclusion
The adoption of the Project would neither result in land use and planning impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed Project and no additional environmental assessment of land use and planning is required.

6.13 Mineral Resources
General Plan EIR Findings
The General Plan EIR discusses mineral resources in Section 3.8, Geology, Soils, and Seismicity. The General Plan EIR found that impacts related to mineral resources would be less than significant.

Addendum Analysis
The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Similar to what was analyzed in the General Plan EIR, buildout of the Housing Element Update would not affect mineral resources. The Zoning Code Update would not result in any physical development.

The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts due to mineral resources. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR. All future development consistent with the City of Porterville
City of Portervillle Housing Element Update 2023-2031
34 Housing Element Update would be required to comply with applicable regulations and requirements related to mineral resources, including 2030 General Plan policies OSC-I-22 and OSC-I-24, which would reduce impacts on mineral resources.

Conclusion
The adoption of the Project would not involve changes to mineral resource recovery sites or alter or displace any mineral resource activities. The proposed Project would neither result in mineral resource impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed Project and no additional environmental assessment of mineral resources is required.

6.14 Noise
General Plan EIR Findings
Noise is discussed in Section 3.5, Noise, of the General Plan EIR. The General Plan EIR determined that impacts related to operational noise would be significant and unavoidable even with implementation of 2030 General Plan policies. The General Plan EIR found that construction noise and vibration as well as airport noise would be less than significant.

Addendum Analysis
The 2030 General Plan goals and policies support reduction of noise-related impacts. Policies and actions in the 2030 General Plan included as mitigation in the General Plan EIR are implemented to help reduce noise-related impacts to the greatest extent possible. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions. The Zoning Code Update would not result in any physical development.

The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Most vacant sites are infill sites where development and infrastructure already exist throughout the area.

Potential noise impacts for projects requiring discretionary approval cannot be assessed in a meaningful way until a project specific analysis, if required, is performed for that development addressing construction noise, project operational noise, and traffic-related noise.

The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in noise-related impacts. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR. All future development consistent with the Housing Element Update would be required to comply with all relevant policies and guidelines regarding noise including policies and actions from the 2030 General Plan such as policies N-I-1 through N-I-7 through NI-9, LU-I-25, LU-I-32, and C-I-35, which would reduce impacts related to construction and operational noise and vibration.

Addendum Evaluation
General Plan Environmental Impact Report Addendum 35
Conclusion
The adoption of the Project does not involve changes to the current adopted land uses or zoning designations. The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of noise is required.

6.15 Population and Housing
General Plan EIR Findings
Population and housing are discussed in Section 3.1, Land Use, and Section 5.3, Growth-Inducing Impacts, of the General Plan EIR. The General Plan EIR determined that implementation of the 2030 General Plan would result in less than significant impacts related to the displacement of substantial numbers of existing people or housing necessitating the construction of replacement housing elsewhere. The General Plan EIR found that indirect population growth could occur, but is difficult to assess.

Addendum Analysis
The Housing Element Update would be consistent with State requirements for the RHNA to plan adequately to meet existing and projected housing needs for all economic segments of the community and is part of the process of planning for growth and thus would not constitute substantial unplanned population growth. The Zoning Code Update would not result in any physical development.

The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. The Housing Element Update itself is part of the process of planning for future growth, and the Housing Element and Sites Inventory have been designed to meet the City’s RHNA. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR.

The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. All future development would be required to comply with applicable guidelines and regulations including policies and actions outlined in Sections 1, Aesthetics, through 13, Noise, and 15, Public Services, through 20, Wildfire, of this Addendum, which would reduce impacts related to land use and planning.

Conclusion
The adoption of the Project does not involve changes to the current adopted land uses or zoning designations. The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of population and housing is required.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
36 6.16 Public Services
General Plan EIR Findings
Public services and recreation are discussed in Section 3.11, Public Utilities and Services, of the General Plan EIR. The General Plan EIR determined that impacts related to fire protection services, police services, schools, and libraries would be less than significant and the construction of new or physically altered public service facilities would not be required.

Addendum Analysis
The 2030 General Plan goals and policies support reduction of impacts to public services and recreation facilities. Policies and actions in the 2030 General Plan are implemented to help reduce impacts to the greatest extent possible. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions. The Zoning Code Update would not result in any physical development.

The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Most vacant sites are infill sites where development and infrastructure already exist throughout the area.

The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to public services. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR. All future development consistent with the Housing Element Update would be required to comply with applicable regulations and requirements related to public services including policies and actions from the 2030 General Plan such as policies PSCF-I-19 through PSCF-I-21, and PHS-I-24 through PHS-I-28, which would reduce impacts related to public services.

Conclusion
The adoption of the Project does not involve changes to the current adopted land uses or zoning designations. The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of public services and recreation is required.

6.17 Recreation
General Plan EIR Findings
Public services and recreation are discussed in Section 3.3, Parks and Open Space, of the General Plan EIR. The General Plan EIR determined that impacts on parks and recreational facilities would be less than significant.

Addendum Evaluation
General Plan Environmental Impact Report Addendum 37
Addendum Analysis
The 2030 General Plan goals and policies support reduction of impacts to parks and recreation facilities.

Policies and actions in the 2030 General Plan included as mitigation in the General Plan EIR are implemented to help reduce impacts to the greatest extent possible. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions. The Zoning Code Update would not result in any physical development.

The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Most vacant sites are infill sites where development and infrastructure already exist throughout the area.

The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to recreation facilities. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR. All future development consistent with the Housing Element Update would be required to comply with applicable regulations and requirements related to recreation including policies PSCF-I-1 through PSCF-I-4, PSCF-I-6 through PSCF-I-10, and PSCF-I-12 through PSCF-I-18 from the 2030 General Plan, which would reduce impacts related to parks and recreational facilities.

Conclusion
The adoption of the Project does not involve changes to the current adopted land uses or zoning designations. The Projecte would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of recreation is required.

6.18 Transportation
General Plan EIR Findings
Transportation is discussed in Section 3.13, Transportation, of the General Plan EIR. The General Plan EIR found that the 2030 General Plan would result in less than significant impacts on increased traffic congestion on State highways; increased traffic congestion on local roadways; construction of new roads and widening existing roads; increased demand for public transit services; pedestrian and bicycle circulation; and emergency access.

Addendum Analysis
The 2030 General Plan goals and policies support reduction of impacts to transportation and traffic.

Policies and actions in the 2030 General Plan included as mitigation in the General Plan EIR are implemented to help reduce impacts to the greatest extent possible. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions. The Zoning Code Update would not result in any physical development.

The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated City of Porterville
City of Portervillle Housing Element Update 2023-2031
38 previously for potential environmental impacts in the General Plan EIR. Most vacant sites are infill sites where development and infrastructure already exist throughout the area.

By supporting infill such as ADUs and development of denser multi-family residential units, the Housing Element Update would encourage development in areas near services and jobs, which would reduce future residents’ reliance on single-occupancy vehicles, thereby reducing VMT.

The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to transportation. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR.

All future development consistent with the Housing Element Update would be required to comply with applicable regulations and requirements related to transportation including policies C-I-1 through C-I-3, C-I-5 through C-I-24, OSC-I-21 through OSC-I-23, OSC-I-39, OSC-I-61, and PHS-I-6, from the 2030 General Plan, which would reduce impacts related to transportation.

Conclusion
The adoption of the Project would neither result in transportation impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of transportation is required.

6.19 Tribal Cultural Resources
General Plan EIR Findings
Tribal cultural resources are discussed in Section 3.7, Cultural Resources, of the General Plan EIR The General Plan EIR determined that impacts related to tribal cultural resources were determined to be less than significant.

Addendum Analysis
In accordance with the requirements of SB 18, the City requested a tribal contact list from the California Native America Heritage Commission (NAHC) on August 20, 2024. NAHC responded to the City’s request on August 23, 2024, providing a list of 32 contacts from 20 Native American tribal organizations that should be invited to consult with the City.

On October 10, 2024, The City sent letters inviting Big Pine Paiute Tribe of the Owens Valley, Big Sandy Rancheria of Western Mono Indians, Bishop Paiute Tribe, Cold Springs Rancheria of Mono Indians of California, Death Valley Timbi-sha Shoshone Tribe, Dumna Wo-Wah Tribal Government, Dunlap Band of Mono Indians, Fort Independence Indian Community of Paiutes, Kern Valley Indian Community, Kitanemuk & Yowlumne Tejon Indians, Lone Pine Paiute-Shoshone Tribe, Mono Lake Kutzadika Tribe, North Fork Mono Tribe, Santa Rosa Rancheria Tachi Yokut Tribe, Table Mountain Rancheria, Traditional Choinumni Tribe, Tubatulabals of Kern Valley, Tule River Indian Tribe, Utu Utu Gwaitu Tribe of the Benton Paiute Reservation, and the Wuksachi Indian Tribe/Eshom Valley Band to consult with the City under the provisions SB 18. The invitations advised the tribes that if consultation was desired, then they must formally accept the invitation in writing within 90 days of receipt of the City’s letter pursuant to SB

18. No responses or requests for consultation were received.

Addendum Evaluation
General Plan Environmental Impact Report Addendum 39
The 2030 General Plan goals and policies support reduction of impacts to tribal cultural resources.

Policies and actions in the 2030 General Plan included as mitigation in the General Plan EIR are implemented to help reduce impacts to the greatest extent possible. These policies and actions would be required with implementation of the Housing Element Update.

The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to tribal cultural resources. The Zoning Code Update would not result in any physical development.

All future development consistent with the Housing Element Update and Zoning Code Update must comply with 2030 General Plan policies and programs that would minimize impacts to tribal and cultural resources and must comply with all applicable regulations regarding tribal cultural resources and policies LU-I-17, LU-I-34, and OSC-I-72 through OSC-I-74 from the 2030 General Plan.

Conclusion
The adoption of the Project does not involve changes to the current adopted land uses or zoning designations. The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of tribal cultural resources is required.

6.20 Utilities and Service Systems
General Plan EIR Findings
Utilities and service systems are discussed in Section 3.10, Hydrology and Water Resources, and Section

3.11, Public Utilities and Services, of the General Plan EIR. The General Plan EIR found that the 2030 General Plan would not require or result in the relocation or construction of new or expanded water, wastewater, stormwater, electrical, natural gas, or telecommunications facilities; would have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years; would have adequate wastewater treatment capacity; and would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure. Impacts to utilities and service systems were found to be less than significant.

Addendum Analysis
The 2030 General Plan goals and policies support reduction of impacts to utilities and service systems.

Policies and actions in the 2030 General Plan included as mitigation in the General Plan EIR are implemented to help reduce impacts to utilities and service system to the greatest extent possible.

Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions. The Zoning Code Update would not result in any physical development.

The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Most vacant sites are infill sites where development and infrastructure already exist throughout the area.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
40 The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the 2030 General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to utilities and service systems. In addition, the proposed buildout would be within the buildout contemplated in the General Plan EIR. All future development consistent with the Housing Element Update would be subject to adopted development guidelines and other regulatory requirements concerning water, wastewater, storm drains, solid waste, and other infrastructure; water supply; and wastewater treatment systems including policies and actions from the 2030 General Plan such as policies PU-I-1 through PU-I-19, PU-I-20 through PU-I-26, OSC-I-55, OSC-I-58, and PHS-I-7 through PHS-I-12, which would reduce impacts related to utilities and service systems.

Conclusion
The adoption of the Project does not involve changes to the current adopted land uses or zoning designations. The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of utilities and service systems is required.

6.21 Wildfire
General Plan EIR Findings
Wildfire is discussed in Section 3.9, Hazardous Materials and Safety, of the General Plan EIR. The General Plan EIR found that impacts related to wildfire would be less than significant.

Addendum Analysis
The 2030 General Plan goals and policies support reduction of impacts to wildfire. Policies and actions in the 2030 General Plan included as mitigation in the General Plan EIR are implemented to help reduce impacts to the greatest extent possible. Future development facilitated by the Housing Element Update would be required to adhere to these policies and actions. The Zoning Code Update would not result in any physical development.

The Housing Element Update is a policy document consistent with the 2030 General Plan. The Housing Element Update includes 4,207 housing units located throughout the City that were evaluated previously for potential environmental impacts in the General Plan EIR. Most vacant sites are infill sites where development and infrastructure already exist throughout the area.

The Housing Element Update does not include specific projects involving new housing development but rather establishes goals and policies that support housing efforts in Porterville consistent with the overall vision of the General Plan. Because it is a policy document, the Housing Element Update would not directly result in impacts to wildfire. As discussed in the General Plan EIR, although land located in the northeast portion of the city near Lake Success is a high fire hazard severity zone (HFHSZ) or a very high fire hazard severity zone (VHFHSZ), and 48 percent of the city is considered to have moderate fire hazard, future development would be required to pay fair share costs for new fire stations and equipment, and would be required to be designed to ensure adequate access for emergency vehicles and equipment. Future development consistent with the Housing Element Update would be required to comply with applicable regulations and requirements related to wildfire, such as policies PHS-I-13 Addendum Evaluation
General Plan Environmental Impact Report Addendum 41
through PHS-I-16, PHS-I-24, PHS-I-25, PHS-I-27, and PHS-I-28 from the 2030 General Plan, which would reduce impacts related to wildfire.

Conclusion
The adoption of the Project does not involve changes to the current adopted land uses or zoning designations. The Project would neither result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the Project and no additional environmental assessment of wildfire is required.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
42 7 Cumulative Impacts
In addition to the specific impacts of individual projects, CEQA requires consideration of potential cumulative impacts of the proposed Project. CEQA defines “cumulative impacts” as two or more individual impacts that, when considered together, are substantial or will compound other environmental impacts. Cumulative impacts are the combined changes in the environment that result from the incremental impact of development of the proposed Project and other past, present, and probable future projects producing related or cumulative impacts. For example, noise impacts of two nearby projects may be less than significant when analyzed separately but could have a significant impact when analyzed together. The cumulative impact analysis provides a reasonable forecast of future environmental conditions and can more accurately gauge the effects of a series of projects.

CEQA Guidelines Section 15130 requires cumulative impact analysis in EIRs to consider either a list of planned and pending projects that may contribute to cumulative effects or a summary of projections contained in an adopted planning document such as a general plan.

7.1 General Plan EIR Findings
Cumulative impacts of the General Plan were considered based on the geographic areas immediately surrounding the proposed Project area. The cumulative analysis considered development allowed by existing general plan documents for adjacent jurisdictions. The General Plan EIR determined that impacts to agricultural and forestry resources would be less than cumulatively considerable. Impacts to land use and planning, transportation, noise, geology and soils, hydrology and water quality, aesthetic resources, and recreation would be significant, unavoidable, and cumulatively considerable.

7.2 Addendum Analysis
Since certification of the 2008 General Plan EIR, there has been new development proposed within the city that was not considered as part of the General Plan EIR. However, there are no new substantial cumulative projects in the city or adjacent jurisdictions that were not previously considered in the 2023 General Plan EIR cumulative impact analysis. This is because the scale and nature of the new development is consistent with the growth projections and land use patterns already analyzed in the 2023 EIR, ensuring that no new cumulative impacts would arise.

The cumulative conditions described in the General Plan EIR have not substantially changed; therefore, the cumulative setting in the General Plan EIR remains the same for the purposes of this analysis. The proposed Project would not result in new impacts compared to the General Plan EIR as analyzed in this Addendum. The Project would not modify the physical development area of the city. Therefore, no new or additional cumulatively considerable contributions to a significant cumulative impact would occur as a result of the Project.

7.3 Conclusion
The proposed Project would not result in new or more severe cumulatively considerable impacts than were identified in the General Plan EIR. No new or substantially more severe significant cumulative effects would occur, and no new mitigation measures are required. No substantial changes have Cumulative Impacts
General Plan Environmental Impact Report Addendum 43
occurred that require major revisions to the General Plan EIR. There is no new information indicating that the proposed Project would have new significant impacts or substantially more severe significant impacts with respect to cumulative impacts than were identified in the General Plan EIR. None of the conditions listed in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR have been met.

City of Porterville
City of Portervillle Housing Element Update 2023-2031
44 8 Conclusion
The City of Porterville, acting as the lead agency, has determined that an addendum to the General Plan EIR is the appropriate environmental document under CEQA because the proposed Project would not require revisions to the certified General Plan EIR resulting from the involvement of new significant environmental effects or substantial increases in the severity of significant effects previously identified in the General Plan EIR.

There are no changed circumstances or new information that meet the standards requiring further environmental review under CEQA Guidelines Section 15162. Thus, these circumstances and information would not result in new or more severe impacts beyond what were addressed in the General Plan EIR and would not meet any other standards under CEQA Guidelines Section 15162(a)(3). No additional analysis is required based on the discussions throughout this addendum. The proposed Housing Element Update would not involve development in areas not assumed for development in the General Plan EIR, nor would it result in population growth and density beyond what was analyzed in the General Plan EIR or anticipated as part of the RHNA process. The Project would not result in significant or substantially more severe impacts that were not discussed in the General Plan EIR. Also, there are no previously identified significant effects which, as a result of substantial new information that was not known at the time of the previous environmental review, would be substantially more severe than discussed in the General Plan EIR. Accordingly, no additional CEQA review is required.

CEQA Guidelines Section 15164 states that “[t]he lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred.” An addendum is therefore appropriate because, as explained above, none of the conditions calling for preparation of a subsequent EIR have occurred.

References
General Plan Environmental Impact Report Addendum 45
9 References

9.1 Bibliography
California Department of Finance (DOF). 2024. E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2024. https://dof.ca.gov/Forecasting/Demographics/Estimates/e5-population-and-housing-estimates-for-cities-counties-and-the-state-2020-2024/ Porterville, City of. 2008a. 2030 General Plan.
https://www.ci.porterville.ca.us/departments/community_development/general_plan_update. php#outer-222sub-223
______. 2008b. Porterville 2030 General Plan Draft EIR. February 2008. SCH #2006011033. ______. 2024. Porterville 2023-2031 Housing Element Update.

9.2 List of Preparers
Rincon Consultants, Inc. prepared this Addendum under contract to the City of Porterville. Persons involved in data gathering analysis, project management, and quality control are listed below.

Rincon Consultants, Inc.

Matthew Maddox, AICP, Principal
Nina Bellucci, Senior Planner
Aileen Mahoney, Senior Planner/Project Manager
Kay Real, Planner
Nichole Yee, Environmental Planner
Michael Huang, Environmental Planner

RESOLUTION NO. ______-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING THE 2030 PORTERVILLE GENERAL PLAN BY ADOPTION OF THE 6th CYCLE HOUSING ELEMENT WHEREAS: the Housing Element is a component of the City’s General Plan, and contains the City’s goals, policies, and strategic plan for addressing the most critical housing needs in the community over the next eight years. The Housing Element is designed to provide the City with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community; and
WHEREAS: at the meeting of January 20, 2026, the City Council of the City of Porterville held a public hearing, which was duly noticed in the Porterville Recorder on December 26, 2025, and public comment was heard and considered in regards to the adoption of the draft 6th Cycle Housing Element; and
WHEREAS: the 6th Cycle Housing Element will implement housing related goals, objectives, and policies from the date of its adoption through December 31, 2031; and WHEREAS: the City Council made the following findings relative to the 6th Cycle Housing Element:

1. That the 6th Cycle Housing Element complies with all relevant statutory requirements as identified in Article 10.6 of the California Government Code, including but not limited to: quantifying projected housing needs; evaluation of the effectiveness of the 5th Cycle Housing Element; evaluation of the appropriateness of goals, objectives, and policies; describing the public participation process; assessing housing needs and analyzing an inventory of resources and constraints; establishing programs to achieve the identified goals; and quantifying objectives for the construction, rehabilitation, and conservation of housing.

2. That the 6th Cycle Housing Element has completed a Regional Housing Needs Allocation Process, which includes quantification of the City’s existing and projected housing needs for all income levels.

3. That the 6th Cycle Housing Element is consistent with other general plan elements and community goals. This includes the Safety Element and Environmental Justice Element (updated in September 2024) and the Land Use Element (updated in December 2024).

4. That the public and other agencies were invited to participate in the process of updating the 6th Cycle Housing Element. In person workshop meeting was held on May 23, 2023. A series of virtual stakeholder meetings were held on March 21, March 23, and April 4, 2023, via Zoom. In addition to these meetings, City staff presented at a City Council meeting that was open to the public on March 7, 2023 and on January 20, 2026. Furthermore, public comment housing surveys were provided at various community events, and available on line on the project’s website for those interested Resolution No. ____ - 2026

in making their voice heard. Staff reached out, posting of flyers, and presentations to community groups.

WHEREAS: the Environmental Coordinator, made a determination on the basis of substantial evidence that there is no possibility that the adoption of the 6th Cycle Housing Element could have a significant effect on the environment and is therefore exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Porterville that the 2030 Porterville General Plan is hereby amended by adoption of the 6th Cycle Housing Element, which is incorporated hereto as Exhibit A.

PASSED, APPROVED, AND ADOPTED this 20th day of January, 2026.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By:

Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 23.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Authorization to Continue Operations of the Porterville Armory Emergency Shelter
SOURCE: City Manager's Office
COMMENT: The Porterville Armory has served as an emergency shelter since the 2023 flood disaster, providing temporary housing and basic services for displaced individuals and families. During the Fiscal Year 2025/2026 budget process, the City Council approved a General Fund allocation of $382,734 to support Armory shelter operations during the City’s transition away from Armorybased sheltering.

At the City Council meeting of December 16, 2025, staff provided an informational update regarding the anticipated closure of the Emergency Shelter in mid-January 2026, consistent with Council direction. Following the discussion, the City Council requested that the closure of the facility be postponed and brought back for further consideration at the next meeting.

Following further review, staff anticipates that the full amount of the approved funding will be fully expended by the end of February 2026. As a result, additional funding would be required for any ongoing shelter operations beyond that time.

If authorized, staff will coordinate with the Navigation Center and other service providers to implement an orderly closure of the Emergency Shelter, facilitate service referrals, and minimize disruption for individuals currently utilizing the facility.

RECOMMENDATION: That the City Council:

1. Authorize the continuation of the Porterville Armory Emergency Shelter through February 2026; and

2. Direct staff to coordinate the closure of the Emergency Shelter with the Navigation Center.

Item No. 23.

ATTACHMENTS: 1. Staff Report - December 16, 2025
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk CITY COUNCIL AGENDA – DECEMBER 16, 2025
SUBJECT: 1. Update on Closure of the Porterville Armory Emergency Shelter and Transitional Housing Funding Challenges
SOURCE: Community Development
COMMENT: The Porterville Armory has served as an emergency shelter since the 2023 flood disaster, providing temporary housing and basic services for displaced individuals and families. During the Fiscal Year 2025/2026 budget process, the City Council approved the remaining one-time General Fund allocation of $367,398 to continue Armory shelter operations into the current fiscal year.

This funding was intended to support a limited operational period while the City transitioned away from Armory-based sheltering.

Based on this funding plan, the Armory is scheduled to close as an emergency shelter in mid-January 2026. This timeline aligns with available resources and the need to return the facility to its primary intended use.

In preparation for the closure, staff evaluated opportunities to secure outside funding to extend Armory operations beyond the current fiscal year. This included reviewing eligibility criteria for Behavioral Health Bridge Housing (BHBH) funding and consulting with county staff familiar with the program.

After assessing the program requirements, it was determined that the Armory was not an appropriate or cost-effective candidate due to its temporary layout, the lack of designated year-round beds, and the substantial capital and operational investment needed to convert the building into a compliant bridge housing facility. For these reasons, the City was unable to identify any feasible or sustainable external funding source to continue Armory operations beyond the budgeted period.

As the closure approaches, the City is transitioning individuals through the Family Reunification Program, which helps eligible individuals reconnect with confirmed family support systems. This approach reduces reliance on temporary congregate shelter while promoting long-term stability for individuals who can be safely reunified.

In addition to local shelter operations, recent federal housing developments are creating challenges for regional service providers operating Housing First Permanent Supportive Housing (PSH) programs. Communication from local housing partners indicates that this year’s federal funding competition may not recommend Porterville-based PSH programs for renewal, despite these programs supporting residents with disabilities who are at risk of returning to homelessness if funding is reduced. At the same time, federal guidance is encouraging applicants to shift from PSH to Transitional Housing (TH), a model that requires structured programming, mandatory participation in service and work-related activities, contrasting with pervious approaches and partnerships with recovery and faith-based services.

These TH program requirements do not align with Housing First principles used by the City and limit the City’s ability to provide matching or supplemental funding. Local providers also face limited time and resources to redesign their existing PSH programs into TH programs. If funding is not secured, Porterville residents may experience reduced access to supportive housing options at the same time as the Armory shelter is closing.

Staff will continue monitoring regional developments and coordinating with local service agencies and Tulare County to support individuals affected by these changes.

RECOMMENDATION: This report is informational.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 24.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Direction to Proceed with Selected City Charter Amendments SOURCE: City Manager's Office
COMMENT: On October 7, 2025, the City Council reviewed a comprehensive list of proposed amendments to the Porterville City Charter compiled by the Charter Review Committee (CRC). The proposed amendments were originally submitted by individual City Council members and organized into ballot-ready concepts for Council consideration.

Following review and discussion, the City Council provided direction to proceed with a limited number of proposed amendments for further development as part of the Charter amendment process. These selected amendments reflect targeted policy areas where the City Council expressed interest in advancing changes to improve operational efficiency, modernize governance practices, and clarify administrative authority.

Based on City Council direction, the following proposed Charter amendments were selected to move forward in the process:

1. Voter Identification for Local Elections
Amend the Charter to require voter identification for local municipal elections, consistent with applicable legal requirements.

2. Self-Performed Road Maintenance
Amend the Charter to allow the City to self-perform road maintenance work, and potentially other work, within the City limits, to the fullest extent permitted by law.

3. Procurement Threshold Increase
Amend the Charter to increase the procurement threshold from five thousand dollars ($5,000) to ten thousand dollars ($10,000) (or other amount) to better reflect modern purchasing practices and improve operational efficiency.

4. Authority to Hire and Fire Directors
Amend the Charter to grant the City Council authority to hire and terminate Department Directors with a four-fifths (4/5) vote.

Item No. 24.

5. City Council Compensation
Amend the Charter to establish City Council compensation based on the formula set forth in State law for general law cities, or another amount, and consider whether to include authority to set a monthly expense stipend.

6. City Council Vacancy Elections — "Election, no Selection" Amend the Charter to require a special election to fill a vacancy on the City Council, rather than appointment.

7. City Manager/Employee Residency Restrictions
Consider whether to Amend the Charter to expand the City Manager residency requirement, allowing for residency in nearby communities such as Springville, Strathmore, and Terra Bella.

The City Council instructed the City Attorney to review the above categories of amendments and provide legal feedback and options. Consequently, the City Attorney has put together information concerning the legal implications to be considered for each category, along with options for amendment language.

The Charter Review Committee will play a key role in advancing these items.

Upon City Council direction, the CRC will review the proposed amendments and provide additional direction under any parameters designated by the Council, which may include but not be limited to refining ballot language for the selected amendments, evaluating opportunities to consolidate related items, and developing a proposed sequencing and timeline for future City Council consideration. This item documents City Council direction and initiates the next phase of the Charter amendment process.

The City Attorney has provided the following feedback and options:
1) VOTER ID FOR LOCAL ELECTIONS
Section 5 of the City Charter currently covers the timing and procedures for local elections.The City Council expressed an interest in requiring voters in the city elections to provide voter identification in order to verify eligibility to vote in the local election. The timing and manner of a charter city’s elections have traditionally been considered a matter of local concern and therefore subject to charter cities’ local powers and control. That stated, in response to the City of Huntington Beach’s approval of a charter proposal in 2024 to implement voter identification requirements for its elections, the California legislature proposed and adopted California Elections Code 10005, which went into effect on January 1, 2025. This statute prohibits a local government, including a charter city, from enacting or enforcing any charter provision, ordinance or regulation requiring a person to present identification for the purpose of voting or submitting a ballot at any polling or other place where votes are submitted, unless required by state or federal law, and the statute includes a Item No. 24.
finding that the voter eligibility requirements are a matter of Statewide concern. On November 3, 2025, the California Court of Appeal found that the City of Huntington Beach’s Charter Section was invalid, and the City filed an appeal of that decision December 15th, asking the California Supreme Court to weigh in.

If the current decision holds, whether Porterville can adopt a similar charter section is currently very much in question. The City Council may wish to defer this particular item unless the pending case has been fully resolved. If the City Council were to move forward with the section, given the prohibition upheld by the court of appeal the City Attorney recommends that the status of the court proceedings be monitored, and that conditional language be added providing that the charter section becomes enacted and operative only when permitted by State and Federal law. While an amendment adding this language to Charter Section 5 could also be considered, the Council could also opt to add it as a standalone section that, for example, reads as follows:

Section ______. Special Provisions Relating to Municipal Elections. (a) Beginning in 2027, for all municipal elections:

1. “Elector” means a person who is a United States citizen 18 years of age or older, and a resident of the City on or before the day of an election.

2. The City may verify the eligibility of Electors by voter identification, with the requirements adopted by Ordinance.

4. The City may monitor ballot drop-boxes located within the City for compliance with all applicable
laws.
(b) This Section shall be enacted and/or operative, and implemented when and to the fullest extent allowed and authorized by Federal and State law.

Note that even if the Elections Code 10005 is ruled by the State Supreme Court not to apply to Charter cities, in order to implement such a measure, the City will need to separate its local election from the consolidated State election, and will likely need to administer its own election (or contract with a private elections administration company). Currently the City has a contract with Tulare County to administer its local election, which the City has consolidated with the State general election.

Another option the City Council can consider is adding the following sentence to Section 5: "The City Council has the fullest power and authority granted to it under State and Federal Constitutional law to enact, by ordinance, any and all municipal regulations concerning the manner and procedures for the elections, including but not limited to registered voter identification requirements." Item No. 24.
2) CITY SELF PERFORMANCE FOR REPAIR AND MAINTENANCE WORK Section 61 contains a public contracting requirement for certain work where the cost exceeds $5,000. The section covers the erection, improvement and repair of certain public buildings and works; work in or about streams, embankments, overflow protection; “street sewer work except maintenance or repair” and the furnishing of supplies or material for any such project, “including maintenance or repair of streets, sewers or water lines.” The City Council has expressed a desire to ensure that the City is able to perform street maintenance and repairs with its own forces, without regard to the public contracting requirements of the State. The City Council can also consider an expansion to set its own rules concerning public contracting, not only allowing city forces to engage in other public maintenance and repairs when it has qualified city work forces to do so, but also giving the City full flexibility to exercise its home rule powers whenever allowed in the public works context.

If the City Council wishes to move forward with broad authority, the City Attorney would recommend either adding a new Charter Section (see below), or making a comprehensive amendment to Section 61.

Section _____ Local Control of Public Work and Purchasing Except as provided by City ordinance or agreement approved by the City Council, the City of Porterville as a Charter City, is exempt from the requirements of the California Public Contracts Code and from the requirements of any other California statute regulating City public contracting and purchasing. This exemption shall not prohibit the City Council from subsequently adopting any section, article, chapter, or part of the California Public Contracts Code in whole or in part for the City's own use.

A. The City shall have the power to establish standards, procedures, rules or regulations for all aspects of the bidding, award, contract provisions, requirements, and performance of any public works contract, including but not limited to the compensation rates to be paid for the performance of such work, the use of alternative contracting and project delivery methods including without limitation design-build, public private partnerships, construction manager at risk, best value procurement, pre-qualification of bidders, and similar methods.

B. The City shall have the power to accept gifts and donations, including donations of material and labor, in the construction of any public works project.

C. The City shall have the power to perform any work of improvement, replacement, repair or maintenance by use of its own forces and is not required Item No. 24.
to contract for such work, including the construction of such work. The City may also contract with other public agencies for such work.

D. The City shall have the power to establish standards, procedures, rules, or regulations related to the purchasing of goods, property, or services. 3) PUBLIC BIDDING/EXPENDITURE THRESHOLD
The City Council also requested potential consideration of a change to the public expenditure threshold, which is also currently located in Charter Section 61 along with other requirements that potentially overlap with the preceding proposed amendments related to local control over public improvement work.

The first paragraph of Charter Section 61 was amended April 6, 1971 by increasing the amount from $2,500.00 to $5,000.00. The voters have not approved a bid threshold increase since that time, although previous charter amendments were proposed. If the above measure governing local control was adopted as a complete replacement to Charter Section 61, it would eliminate the current $5,000.00 bid limit and allow the City Council to set the threshold by ordinance.

However, if the City Council desires to continue to have the amount set by charter, a change to Section 61 could be considered proposing a change to the $5,000 limit (e.g. to $10,000), and the proposed “Local Control” measure discussed above could be clarified to provide that the section does not apply to work contracted out by the City, adding to the above section: “E. This Section expressly limits the application of Charter Section 61 to work otherwise determined to be contracted for by the City.”
How the proposed bid threshold measure would be addressed in the Charter is dependent on if and how the Council wishes to proceed with any proposed “self-performance” changes to Section 61.

Concerning actual bid limit amounts, the City Attorney checked to see what the various charter cities have done. Many cities (general and charter) have opted into the State’s Uniform Public Construction Cost Accounting Act, which allows for a higher bid threshold than otherwise permitted by statute for general law cities ($5,000). Cities that opt in are able to utilize force account, negotiated contracts, etc. for work under $75,000, and follow a less formal bid procedure for projects between $75,000-$220,000. The list of cities who have opted in is extensive and includes Clovis, Madera, Hanford, and Farmersville.

Opting into the program comes with strings attached – cities are then required to follow the advertising and uniform cost accounting procedures for public construction and alteration work (not operations or maintenance work) by force account or otherwise, but in many cases these are not much different than the industry-standard accounting methods that entities are required to adhere to when other state/federal sources of funding are being utilized.

Item No. 24.

Participating agencies, if choosing to maintain a regular list of qualified contractors, must also follow a specific process for annually establishing or updating the list, that invites all licensed contractors to submit their names.

The participating entities follow all other contracting requirements set forth in the Public Contract Code.

For cities that have not opted in, the adopted bid thresholds vary substantially.

Most of the large cities have declined to opt in to the UPCCAA and have adopted larger thresholds. For example, the City of San Francisco’s bid threshold is $200,000. In San Diego, work exceeding $500,000 generally cannot be done with city forces unless approved by the City Council, and a formal competitive bid process is required for projects in excess of $1.5 million. The city of Gilroy, whose population is comparable to Porterville’s, does not require competitive bidding for projects under $35,000 and allows an “informal” competitive bidding process for bids in the range of $35,000- 200,000, with formal bidding required in excess of $200,000. 4) CITY COUNCIL AUTHORITY OVER DEPARTMENT HEADS
The Council has expressed an interest in considering authorizing amendments that would increase its authority over Department Heads, potentially to include the authority to hire, evaluate, and terminate those employees, potentially with a four fifths (4/5) vote.

There were extremely limited examples of regulations illustrating complete and sole power over Department Heads by the City Council. As has been discussed previously, there are only a handful of cities (typically larger) with “strong mayor” forms of government, where the Mayor often has the authority to appoint or terminate department directors. The examples of cities where the entire council has that authority are even harder to come by. There are apparently only about 9 cities where the council has the sole authority to do this – and only four of those had any information available online. Of those four, all were very small general law cities where no city manager or administrator has been appointed. For example, Alturas is a city of less than 3000 residents, and Amador City has between 500-1000 residents.

Such examples were likely difficult to find because, unless the City is one of the few “strong Mayor” cities, the City Councils in California generally hold all legislative and policy-setting authority, as well as full executive power over the City Manager, who then executes and administrates subject to those Counciladopted regulations and serves subject to the will of that City Council.

All of that stated, a Charter City is not prohibited by law from authorizing the Council to have additional powers, and the following is a sample Charter Section that could supplement City Charter Sections 9 and 13, which describes in general terms the powers of the City Council (Section 9) and sets forth the Item No. 24.
various types of officers of the city (Section 13):

Section 13.1. Appointment and Removal of Department Heads

1. Council Authority. In addition to the administrative officers appointed by the Council set forth in Section 13, the City Council shall have the additional authority to appoint and remove all department heads of the City, including but not limited to the directors of Public Works, Finance, Parks and Recreation, Police, Fire, and other administrative or operational departments established by the Council, [if with cause by a majority of the entire City Council, or if without cause] by a four fifths (4/5) vote of the entire City Council.

2. Qualifications. The City Council shall adopt and maintain written policies or rules specifying minimum qualifications, education, experience, and other criteria for each department head position.

3. Process for Appointment.
a. Vacancies for department head positions shall be publicly announced in accordance with the City’s adopted hiring policies.
b. The Council shall consider qualified applicants through a fair and transparent process.
c. The Council may conduct interviews, request references, and perform background checks consistent with applicable law.

4. Removal.
a. Department heads serve at the pleasure of the City Council. b. Removal shall comply with all applicable state and federal laws, including laws prohibiting discrimination or retaliation. c. Written notice of removal shall be provided to the affected department head.

5. Delegation. The Council may, by ordinance or resolution, delegate the administrative day-to-day hiring, supervision, and management authority of department heads to a professional city administrator or other qualified official. Such delegation shall not limit the Council’s ultimate authority to appoint or remove department heads.

6. Compliance with Law. All appointments, removals, and personnel actions must comply with applicable federal and state law, including employment discrimination laws, whistleblower protections, and applicable civil service rules, if adopted by the City Council.

7. Interim Appointments. The Council may designate an interim department head during a vacancy until a permanent appointment is made.

In the alternative, the City Council could also consider a hybrid model, utilized for example by the Cities of Brea, Visalia or Exeter. Those cities require either consent by or consultation with the City Council for department head appointment or termination decisions made by the City Manager or City Item No. 24.

Administrator.

Below are sample charter sections and approaches, generally found as a limitation on the City Manager’s powers.

Amend Section 21 (powers of City Manager) to read:
21(b): To appoint, except as otherwise provided in this charter, all heads of departments, subordinate officials and employees, and remove the same, except as otherwise herein provided, and have general supervision and control over the same. Appointment and removal of department heads shall be subject to the approval of the Council, by a four fifths (4/5) vote of the entire body and shall not be effective without such approval.

OR
21(b): To appoint, except as otherwise provided in this charter, all heads of departments, subordinate officials and employees, and remove the same, except as otherwise herein provided, and have general supervision and control over the same. Appointments and removal of department directors will be made with the consent of City Council.

Another option: the Council could consider a streamlined approach, opting to remove detailed provisions from the Charter, which would effectively provide broader authority to establish regulations in the municipal code covering these responsibilities. For example, the City of Exeter’s Charter states that all powers of the City are vested in the City Council (except as otherwise set forth in the Charter or provided by law), and that the Council shall provide for the performance of all duties and obligations imposed on the City by law. The duties of the council are outlined very broadly, including considering ordinances and resolutions and adopting those which it determines to be necessary for governance and proper administration; providing oversight of the City Administrator and all matters under their purview; carrying out all provisions of the Charter, ordinances and applicable laws; conducting reviews of effective governance, and performing such other duties as may be assigned by ordinance or resolution. The City Administrator’s responsibilities are then set forth by ordinance, where the Administrator has the authority to appoint and remove department directors, but with the consent of the City Council. If this approach is preferred, the City Attorney recommends that Section 13 be proposed to be revised to include the broader powers described above, and the City Council propose that Section 21 also be amended to remove the explicit power of appointment of employees (with those powers to be set and potentially limited by city ordinance).

Note that there are some practical implications that the City would need to work through depending on the option the Council wishes to pursue. For example, the City’s risk management associations have standard coverage Item No. 24.
options for elected officials covering standard roles and responsibilities (e.g., “D&O Insurance”). The City would need to explore whether adding additional employment-related responsibilities would require additional coverage and whether there would be an additional cost. There will also be increased potential for individual/personal liability of the council members, depending on the level of Council involvement in employment-related decisions. Given the Council’s current employment roles and responsibilities, the council members are substantially insulated from individual liability determinations, which can be triggered when there are findings of intentional discriminatory conduct, harassment, and/or retaliation related to employment decisions. 5) COUNCIL MEMBER COMPENSATION/EXPENSES
The City Council also directed that potential changes to the charter be considered related to council member compensation and/or expenses, in recognition of the amount of time and resources expended by the members in furtherance of their responsibilities, and to incentivize greater communitymember interest in serving as a city council member.

City Charter Section 9 provides that each member of the city council receives $20.00 per council meeting actually attended, and that the mayor shall receive $25.00, with an overall limit of 7 meetings per calendar month. Furthermore, the section states that the council shall be reimbursed for necessary expenses incurred for authorized city business.

For General law Cities, the maximum salaries are set according to population, with the maximum for a city with a population of 50,001-75,000 set at $1,600.00 per month. The salary excludes health and welfare benefits, so long as the benefits provided are the same as those offered to city employees; and excludes actual and necessary expenses incurred during official duties. City Councils can vote annually to increase the salaries beyond base limits, but the increase cannot exceed the greater of 5% of the salary after the last annual adjustment, or an amount equal to inflation based on the CPI, not to exceed 10% per year (since 1/1/24.) Additionally, any approved salary or annual increase approved cannot be implemented for a council with staggered terms, until at least one council member starts a new term – this effectively means that any approved increases go into effect after each election (every two years).

A Charter City is not subject to the above California law, unless it effectively takes action to apply it (either by specific incorporation or by omission of any local regulations covering council compensation). If the City Council wished to apply General Law, it could choose to revise Section 9 accordingly.

Porterville could also consider proposing a charter revision that sets its own maximum pay rate and process for increases, also addressing benefits and Item No. 24.
expenses.

The following is one example of revisions to Section 9 (all or a portion could be considered):

The members of the council in [including the Mayor] shall each receive as compensation a monthly salary in the sum of $____________dollars per month [or per meeting, specifying the maximum number and type of meetings]. The Mayor shall receive as compensation a monthly salary in the sum of $___________ per month [or per meeting]. The amounts may be increased annually for inflation/cost of living by Resolution of the City Council, at the rate of the ________ Consumer Price Index, but by no more than ____%. In addition, each member of the city council shall be reimbursed for necessary expenses incurred for authorized city business upon compliance with the City’s adopted expense policies. In addition, members shall receive such reasonable and adequate amounts as may be established by ordinance, which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses, losses and costs imposed upon them by virtue of their service as City Councilpersons.

The last sentence would give the city council additional flexibility to adopt, by ordinance, regulations authorizing and governing the administration of individual council member expense accounts.

Some cities also have charter provisions that allow the City Council to participate in health insurance benefits (medical/dental/vision/life etc.) offered to its qualifying city employees (or department heads). This could potentially be added to the charter section by authorizing “health benefits established by ordinance and available to city employees/department heads.” 6) “ELECTION, NOT SELECTION”
The City Council has expressed an interest in requiring special elections to fill mid-term council vacancies, in lieu of allowing council appointments.

Charter Section 16 provides that vacancies in legislative offices (aside from vacancies created by recall election) shall be filled by appointment by the council, with that appointee serving until the next council election. In the event the council fails to agree and make that appointment, the mayor is charged with doing so.

Section 16 could be revised to require that the vacancy shall be filled by special election (or alternatively allow the Council a choice between appointment and special election. The Council would want to consider specifying that the special election would be held in conjunction with the next scheduled State election (so that it could be consolidated). If that is the desire, Item No. 24.
vacancies that occurred within 114 days (or so) of the State election would likely need to be postponed to the next State election unless the City Council holds its own election.

Other examples include the City of Sacramento and the City of Berkeley. In Sacramento, the city charter requires a special election to be called as soon as a vacancy occurs, and no later than 14 days after the vacancy. In Berkeley, the charter mandates a special election if the unexpired term is one year or longer, though it may be consolidated with a regular election if one is scheduled within 180 days. Note that the main drawback to requiring vacancies be filled by election, is that there will be an extended period during which the seat remains vacant, which is why some cities allow short-term council appointment until the election can be held and the successor is seated.

The following is an example amendment to Charter Section 16, borrowed in large part from the City of Fresno, [with optional language for a limited council appointment in brackets]:
(a) An elective office becomes vacant when the incumbent thereof dies, resigns, is removed from office under recall proceedings, is adjudged insane, is convicted of a felony or of an offense involving a violation of his or her duties, ceases to be a resident of the City or the district corresponding in number to the office to which he or she was elected, neglects to qualify within the time prescribed by the provisions of this Charter, is absent from the State without leave for more than 45 consecutive days, or fails to attend five (5) consecutive regular meetings of the body of which he or she is a member for a like period without being excused therefrom by such body (but in no case for a period exceeding 90 days).
(b) The Council shall declare the existence of any vacancy except vacancy caused by death or resignation. Such declaration shall be a final determination of the existence of the vacancy unless a court review is sought within thirty days after such declaration.
(c) A resignation is effective when received by the City Clerk unless a different time is stated in the resignation.
(d) A vacancy in an elected office shall be filed as follows: [(1) A vacancy in the office of a Council member may be filled by appointment by the Council if:
(i) The Council declares the existence of the vacancy or the incumbent dies or resigns in the final year of the term, and
(ii) The appointment is made within thirty days after the Council declares the existence of the vacancy or the incumbent dies or resigns.] (2) Any vacancy in the office of a Council member [not filled pursuant to paragraph (1)] shall be filled by a special election to be held not sooner than ____ (e.g., ninety) days after the Council calls such election nor later than the next regular election date after the expiration of such ninety days. (e) Any person [appointed or] elected to fill a vacancy shall serve for the remainder of any unexpired term and until his or her successor qualifies. [If a Item No. 24.
person appointed to fill a vacancy is a candidate for the same office which he or she then holds, the designation under the candidate's name on the ballot may be the words "appointed incumbent" or may be words designating the profession, vacation, or occupation of the candidate.]
(f) If the Council fails [either to fill a vacancy by appointment or] to call a special election within thirty days after the incumbent dies, or his or her resignation is effective, or the declaration of the existence of the vacancy becomes final, the salary or other compensation of each member of the Council shall cease until the Council calls such special election. (g) At any special election called to fill a council, the candidate receiving the majority of votes cast shall succeed to the vacated office for the unexpired term upon certification of the election results. If no candidate receives a majority of votes cast, Council shall call another special election within thirty days of the certification of the election results and the two candidates receiving the most votes shall be placed on that special election ballot. 7) RESIDENCY REQUIREMENTS
Article XI, Section 10(b), prohibits cities from requiring employees to live within their boundaries, but cities are able to adopt requirements that employees live within a specific reasonable distance of their workplace or another designated location. Cities can take into consideration the specific job duties of employees when setting the reasonable distance requirements.

Specific distance requirements are usually set forth by ordinance or in employment contracts/MOUs (rather than by Charter). Using the City Manager as an example, I found one City (Laverne) that at one time imposed a maximum of five (5) miles for its City Manager, which was rescinded after its legality was questioned. The City of Carlsbad rescinded their City Manager residency requirement in 2024 and adopted a requirement allowing the Manager to live anywhere within a 40-mile radius. The City of King proposed a 55-mile radius requirement. Some cities have adopted requirements based on time, rather than miles (particularly in urban areas where traffic is more of a factor).

Note that Section 21 of the City Charter (likely adopted in 1971, prior to the 1974 adoption of constitutional prohibition) currently requires the City Manager to establish residency within a reasonable period of time. In past charter review discussions, the City Council opted to not revise the language, but the restriction has not been enforced. If the City Council wishes to include a restriction in the Charter, the City Attorney would recommend that it change Section 21 to state that the reasonable distance requirement will be set by ordinance, resolution, or contract.

For planning and coordination purposes, staff has prepared a sample timeline illustrating key steps associated with Charter amendment review, ballot Item No. 24.
measure preparation, and submission for the November 2026 General Election. This sample timeline is included as Attachment A and is provided for informational purposes only.

RECOMMENDATION: That the City Council:

1. Consider and provide further direction as requested , and confirm the proposed City Charter amendments identified above; and

2. Direct the Charter Review Committee to review and refine ballot language and develop a proposed sequencing and timeline for City Council consideration.

ATTACHMENTS: 1. Staff Report - October 7, 2025

2. Proposed Amendments

3. Attachment A - Sample Timeline for Potential Charter Amendments

4. City Charter
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 35.

CITY COUNCIL AGENDA – OCTOBER 7, 2025
SUBJECT: Review of Proposed Charter Amendments
SOURCE: City Manager's Office
COMMENT: The Charter Review Committee (CRC) has prepared and submitted for Council consideration a list of proposed amendments to the Porterville City Charter.

These proposals were originally submitted by individual City Council members and compiled by the CRC into ballot-ready language for review.

The list includes 41 proposed amendments covering a wide range of topics, such as:
• Governance and Administration: council vacancies, council compensation, director performance reviews, and mayoral selection. • Fiscal Authority and Operations: procurement thresholds, selfperformance of road and public works, and infrastructure management.
• Public Rights and Protections: voter ID, citizen initiative protections, complaint filing requirements, emergency powers, and property protections.
• Policy and Regulatory Matters: code enforcement authority, sign ordinance updates, zoning, taxes, and business regulations.

The CRC also identified instances where overlapping proposals may be consolidated into a single ballot measure for efficiency and clarity.

For Council’s context, the attachment also includes the list of proposed Charter amendments from 2014, which were submitted to the voters but did not pass. Reviewing past voter sentiment may provide insight as Council considers which items to prioritize for future ballot measures.

There is no immediate fiscal impact associated with the Council’s discussion.

However, if amendments are advanced for placement on a future ballot, the City will incur election-related costs.

Item No. 35.

RECOMMENDATION: That the City Council:

1. Review the proposed Charter amendments as compiled by the Charter Review Committee;

2. Provide direction on which amendments should be prioritized for further review and potential ballot placement; and

3. Direct staff to proceed with any other actions that the City Council deems necessary.

ATTACHMENTS: 1. Proposed Amendments
Appropriated/Funded:

Review By:

Department Director:

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

SUGGESTIONS FOR AMMENDMENTS TO THE PORTERVILLE CITY CHARTER

1.) Should the Citizens vote to Amend the Charter to decentralize the City Attorney, allowing the city to litigate in specific litigation and retain other attorney services?

2.) Should the Citizens vote to Amend the Charter to deregulate code enforcement authority, and review all municipal city ordinances and policies?

3.) Should the Citizens vote to Amend the Charter to repeal/amend outdated ordinances, focusing on preventing weaponized enforcement?

4.) Should the Citizens vote to Add to the Charter a Legal Tender Freedom Clause to allow a charter provision recognizing gold and silver as constitutional money within Porterville and protecting the voluntary use of such mediums of exchange between private parties and in city transactions?

5.) Should the Citizens vote to Add to the Charter No Local Tax on Gold/Silver Use?

6.) Should the Citizens vote to Add to the Charter a Property Protection & Anti-institutional Land Grab Clause to prohibit the purchase of residential property by institutional investors, hedge funds, and out-of-area entities unless for primary residence use or public benefit?

7.) Should the Citizens vote to Amend the Charter to include specific provisions regarding Emergency Powers & Local Autonomy Safeguard, that limit the suspension of civil liberties or business operations during declared emergencies without supermajority council approval and public notice within 72 hours?

8.) Should the Citizens vote to Amend the Charter to review the permit process?

9.) Should the Citizens vote to Amend the Charter to review the state CBC that allows local governments authority to regulate?

10.) Should the Citizens vote to Add to the Charter a provision for the ability to file a grievance complaint in person?

11.) Should the Citizens vote to Add to the Charter to review Pre and Post letters of application to amend local ordinances?

12.) Should the Citizens vote to Add to the Charter to review C train ordinances?

13.) Should the Citizens vote to Add to the Charter to review the 2014 pre ordinance city ordinance on enforcement of C trains?

14.) Should the Citizens vote to Add to the Charter to review sewage rates?

15.) Should the Citizens vote to Amend the Charter to review zoning development?

16.) Should the Citizens vote to Amend the Charter to review business regulations?

17.) Should the Citizens vote to Amend the Charter to review the sign ordinance? Should the Citizens vote to Amend the Charter to review local taxes with the goal of lowering taxes?

18.) Should the Citizens vote to Add to the Charter to address enforcement and review of limited smoke shops in the area?

19.) Should the Citizens vote to Amend the Charter to include a Citizens’ Initiative Protection Clause, guaranteeing that citizen-led initiatives (petitions, ordinances, referendums) cannot be overturned or stalled by council without public vote or a court challenge proving constitutional conflict, often requiring a four-fifths (4/5) vote of the city council members for implementation of a 4/5 vote?

20.) Should the Citizens vote to Amend the Charter to allow for the implementation of Porterville City Charter to self-perform road work maintenance within the city limits?

21.) Should the Citizens vote to Add to the Charter a provision to eliminate anonymity on municipal code complaints that do not pose an imminent danger of life or fire hazard?

22.) Should the Citizens vote to Add to the Charter a requirement for an ID in person to file complaints (deemed Municipal Codes-infraction)?

23.) Should the Citizens vote to Amend the Charter to streamline Infrastructure Development and Management Improvements?

24.) Should the Citizens vote to Amend the Charter to review and repeal/amend parts of section 300 of the sign ordinance?

25.) Should the Citizens vote to Amend the Charter to increase the procurement threshold from five thousand dollars ($5,000) to fifty thousand dollars ($50,000)?

26.) Should the Citizens vote to Maintain the existing Charter structure by not supporting a strong mayor form of government?

27.) Should the Citizens vote to Maintain the existing Charter provisions regarding changes to the structure or amount allocated for individual Council Discretionary funding?

28.) Should the Citizens vote to Amend the Charter to eliminate appointments for vacancies, requiring all vacancies to be filled by voters?

29.) Should the Citizens vote to Add to the Charter a provision that all directors' employment be subject to council performance reviews?

30.) Should the Citizens vote to Amend the Charter regarding Council Compensation to adopt a provision to use state law formula for basic City Council compensation, and nominate allowances for necessary business needs to allow a simple approach for basic compensation for serving on Council and encourage leaders in lower socioeconomic status?

31.) Should the Citizens vote to Amend the Charter to specify that Council members shall be reimbursed for ordinary and routine expenses and costs imposed upon them by virtue of their service in their official capacities for the City, not to exceed Amount to be Determined per month, and the amount shall be reimbursed monthly at the Consumer Price Index for All Urban Consumers, all items, published by the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles Metropolitan area, with such allowance not accounted for the recipient?

32.) Should the Citizens vote to Amend the Charter to specify that other amounts expended or incurred for reimbursement or otherwise paid in accordance with the City Council's adopted policies?

33.) Should the Citizens vote to Add to the Charter a requirement for Voter ID?

34.) Should the Citizens vote to Amend the Charter to mandate that for Special Elections, there shall be no more special selections for city council if there is a vacancy in a council seat, requiring a special election to fill the vacancy?

35.) Should the Citizens vote to Amend the Charter to grant the Council the ability to hire and fire all directors with a four-fifths (4/5) vote with reason, or five votes without reason?

36.) Should the Citizens vote to Amend the Charter to give the power for the people to elect the Mayor, not a Strong Mayor format, allowing the people to decide who that voice is via special election if necessary?

37.) Should the Citizens vote to Amend the Charter to allow the City to self-perform street maintenance, giving city public works the ability to maintain local roads?

38.) Should the Citizens vote to Amend the Charter to increase the Procurement Threshold from the current five thousand dollars ($5,000) to at least ten thousand dollars ($10,000), or a more appropriate amount that reflects modern purchasing practices and improves operational efficiency?

39.) Should the Citizens vote to Amend the Charter's City Manager Residency Requirement to allow greater flexibility, specifically considering nearby communities such as Springville, Strathmore, and Terra Bella as acceptable alternatives to living within the city limits?

40.) Should the Citizens vote to Amend the Charter to update the Voting Process to reflect the City's current districtbased voting process for City Council elections, rather than the outdated at-large system that is still referenced?

41.) Should the Citizens vote to Amend the Charter to make it clear that the City is able to perform public facility and infrastructure maintenance and repair work with its own forces, to the fullest extent permitted by the California Constitution under Charter Cities' home rule and police powers, clarifying that the City is not bound by Public Works Contract monetary restrictions when doing work with its own forces or other statutory restrictions like the limitations on the number of inches of asphalt that qualify as road "maintenance." The Charter Committee could even consider taking the provision beyond maintenance and repair and into actual "capital improvement" territory to the extent that City isn't otherwise restricted by California Constitutional law?

SUGGESTIONS FOR AMMENDMENTS TO THE PORTERVILLE CITY CHARTER THAT ARE

SIMILAR IN CONTEXT

20.) Should the Citizens vote to Amend the Charter to allow for the implementation of Porterville City Charter to self-perform road work maintenance within the city limits?

37.) Should the Citizens vote to Amend the Charter to allow the City to self-perform street maintenance, giving city public works the ability to maintain local roads?

41.) Should the Citizens vote to Amend the Charter to make it clear that the City is able to perform public facility and infrastructure maintenance and repair work with its own forces, to the fullest extent permitted by the California Constitution under Charter Cities' home rule and police powers, clarifying that the City is not bound by Public Works Contract monetary restrictions when doing work with its own forces or other statutory restrictions like the limitations on the number of inches of asphalt that qualify as road "maintenance." The Charter Committee could even consider taking the provision beyond maintenance and repair and into actual "capital improvement" territory to the extent that City isn't otherwise restricted by California Constitutional law? (Suggestions 20; 37; and 41 above are similar in nature, and could be accommodated in a single ballot measure.)

21.) Should the Citizens vote to Add to the Charter a provision to eliminate anonymity on municipal code complaints that do not pose an imminent danger of life or fire hazard?

22.) Should the Citizens vote to Add to the Charter a requirement for an ID in person to file complaints (deemed Municipal Codes-infraction)?
(Suggestions 21 and 22 above are similar in nature, and could be accommodated in a single ballot measure.)

25.) Should the Citizens vote to Amend the Charter to increase the procurement threshold from five thousand dollars ($5,000) to fifty thousand dollars ($50,000)?

38.) Should the Citizens vote to Amend the Charter to increase the Procurement Threshold from the current five thousand dollars ($5,000) to at least ten thousand dollars ($10,000), or a more appropriate amount that reflects modern purchasing practices and improves operational efficiency? (Suggestions 25 and 38 above are similar in nature, and could be accommodated in a single ballot measure, or multiple ballot measures, each with a different procurement limit.)

26.) Should the Citizens vote to Maintain the existing Charter structure by not supporting a strong mayor form of government?

36.) Should the Citizens vote to Amend the Charter to give the power for the people to elect the Mayor, not a Strong Mayor format, allowing the people to decide who that voice is via special election if necessary? (Suggestions 26 and 36 above are similar in nature, and could be accommodated in a single ballot measure, or multiple ballot measures if necessary.)

27.) Should the Citizens vote to Maintain the existing Charter provisions regarding changes to the structure or amount allocated for individual Council Discretionary funding?

30.) Should the Citizens vote to Amend the Charter regarding Council Compensation to adopt a provision to use state law formula for basic City Council compensation, and nominate allowances for necessary business needs to allow a simple approach for basic compensation for serving on Council and encourage leaders in lower socioeconomic status?

31.) Should the Citizens vote to Amend the Charter to specify that Council members shall be reimbursed for ordinary and routine expenses and costs imposed upon them by virtue of their service in their official capacities for the City, not to exceed Amount to be Determined per month, and the amount shall be reimbursed monthly at the Consumer Price Index for All Urban Consumers, all items, published by the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles Metropolitan area, with such allowance not accounted for the recipient?

32.) Should the Citizens vote to Amend the Charter to specify that other amounts expended or incurred for reimbursement or otherwise paid in accordance with the City Council's adopted policies? (Suggestions 27; 30; 31; and 36 above are similar in nature, and could be accommodated in a single ballot measure, or multiple ballot measures if necessary.) *SPECIAL NOTE: The Charter currently specifies council member compensation at $20.00 per Council Member per meeting, and $25.00 for the Mayor per meeting, and additionally allows for reimbursement for certain necessary expenses. SB329, Effective January 1, 2024 established maximum council compensation through Government Code Section 36516, based on population, currently the City of Porterville falls into Section 36516(2)(D) which allows a maximum of $1,900 per month.

28.) Should the Citizens vote to Amend the Charter to eliminate appointments for vacancies, requiring all vacancies to be filled by voters?

34.) Should the Citizens vote to Amend the Charter to mandate that for Special Elections, there shall be no more special selections for city council if there is a vacancy in a council seat, requiring a special election to fill the vacancy? (Suggestions 28 and 34 above are similar in nature, and could be accommodated in a single ballot measure.)

29.) Should the Citizens vote to Add to the Charter a provision that all directors' employment be subject to council performance reviews?

35.) Should the Citizens vote to Amend the Charter to grant the Council the ability to hire and fire all directors with a four-fifths (4/5) vote with reason, or five votes without reason? (Suggestions 29 and 35 above are similar in nature, and could be accommodated in a single ballot measure.)

SELECTED BALLOT MEASURES WITH VOTING RESULTS FROM THE LAST PORTERVILLE CITY CHARTER AMMENDMENT PROCESS…JUNE 3, 2014
Measure L – CITY OF PORTERVILLE Should the Charter be amended to make certain technical, non-substantive revisions which do not materially alter, increase or decrease the home rule powers of the City of Porterville? YES VOTES: 1,960……….NO VOTES: 1,993……….X-FAILED
Measure R - CITY OF PORTERVILLE Should the Charter be amended to provide that the City has the power to perform public projects, improvements, and repairs using its own forces, regardless of cost, and to provide that the City Council may, only in cases of emergency including circumstances resulting in imminent threat to public health and/or safety, by 4/5 majority vote, proceed without otherwise adhering to competitive bidding requirements? YES VOTES: 1,612……….NO VOTES: 2,447……….X-FAILED
Measure S - CITY OF PORTERVILLE Should the Charter be amended to raise the bid limit to $50,000.00, concerning public projects subject to competitive bidding, with further restrictions considered by the Council annually? YES VOTES: 1,738……….NO VOTES: 2,277……….X-FAILED
Measure U - CITY OF PORTERVILLE Should the Charter be amended to require that leases of City property may be terminated by the City upon advance notice equivalent to either 30 days or a maximum of 5% of the total lease term period but not including option periods, and upon paying the lessee market value of improvements as set forth, and clarifying that these requirements shall not apply to month-to-month, or State or Federal, leases? YES VOTES: 1,937……….NO VOTES: 1,980……….X-FAILED
Measure W - CITY OF PORTERVILLE Should the Charter be amended to provide that council members shall receive compensation equivalent to the hourly California State Minimum Wage, as from time-totime may be adjusted by State law and then by ordinance, for all meetings attended by the members as approved by the City Council, with compensation only becoming effective upon commencement of each council-member’s new term and subject to any other applicable statutory or constitutional restrictions? YES VOTES: 1,577……….NO VOTES: 2,413……….X-FAILED
END
Sample Timeline for Potential Charter Amendments
January – March 2026
Charter Review Committee (CRC) Work
• Charter Review Committee (CRC) reviews Council-selected amendment concepts • CRC develops preliminary draft Charter amendment language • City Attorney provides legal review and guidance
• CRC discusses sequencing of proposed ballot measures
• CRC prepares draft recommendations for City Council consideration April – May 2026
Council Review and Direction
• CRC presents recommendations to City Council
• Council reviews draft ballot language and sequencing options • Council provides direction to finalize proposed amendments • City Attorney prepares updated ballot language per Council direction June – July 2026
Ballot Measure Preparation
• City Attorney prepares final ballot question(s) and impartial analysis • Council reviews and approves final ballot question(s) • Council adopts ordinance(s) placing Charter amendment(s) on the ballot • Arguments and rebuttals prepared in accordance with Elections Code timelines August 2026
Registrar Submission Deadline
• City submits ballot materials to County Registrar of Voters by statutory deadlines • Registrar finalizes ballot formatting and publication November 3, 2026
General Election
• Charter amendment measure(s) submitted to voters
• Registrar certifies election results
December 2026 – January 2027
Post-Election Implementation
• If approved by voters, Charter amendments become effective pursuant to their terms • City updates Charter publication and initiates implementation steps as required

CITY CHARTER
Sec. 1. Name Of City; Perpetual Succession.

The municipal corporation now existing and known as the "City Of Porterville" shall remain and continue a body politic and corporate, as at present, in fact and in law, by the name of the "City Of Porterville," and by such name shall have perpetual succession.

Sec. 1.1. City Motto.
"In God We Trust" shall be designated as the official motto of the city of Porterville. (6-24-2008) Sec. 2. Boundaries.

The boundaries of the city of Porterville shall continue as now established until changed in some manner authorized by law.

Sec. 3. Rights And Liabilities Of Cities; Prior Contracts, Liabilities, Etc., Continued In Effect.

The city of Porterville shall remain vested with and continue to have, hold, and enjoy, all property, rights of property, and rights of action of every nature and description, now pertaining to said municipality, and is hereby declared to be the successor of the same. No right, liability, pending suit or prosecution on behalf of, or against, the city shall be affected by the adoption of this charter. All contracts entered into by the city prior to the taking effect of this charter shall continue in full force and effect.

Sec. 4. General Powers Of City; Official Seal.

The city of Porterville, by and through its council and other officials, shall have and may exercise all powers necessary or appropriate to a municipal corporation and the general welfare of its inhabitants, which are not prohibited by the constitution, and which it would be competent for this charter to set forth particularly or specifically; and the specifications herein of any particular powers shall not be held to be exclusive or any limitation upon this general grant of power. General powers of the city include, but are not limited to, the powers necessary or appropriate to promote the health, welfare and education of its inhabitants. The city shall have and use a common seal and the official seal hereinbefore adopted and now in use by said city shall continue to be the official seal of said city. (3-4-2003) Sec. 4.1. Intergovernmental Powers.

The city may exercise and perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by agreement or otherwise, with any one or more states or any agency of California, or any governmental jurisdiction or nonprofit corporation thereof, or the United States or any of its agencies or instrumentalities. (3-4-2003) Sec. 4.2. Liberal Interpretation.

The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way any of the powers granted by this charter. (3-4-2003) Sec. 5. When Elections To Be Held; Special Elections; Procedure For Elections For Local Improvements Or Levies Of Assessment Or Bonded Indebtedness.

General municipal elections shall be held in said city at the same time as the general election for federal offices in the state of California under and pursuant to the general laws of the state of California governing elections in charter cities, so far as the same may be applicable, and except as herein otherwise provided. All other municipal elections that may be held by authority of this charter or of general law shall be known as special municipal elections, and shall be held, substantially as in this charter provided for general municipal elections; providing, however, that special elections to authorize any municipal or local public improvement, or the levy of assessment therefor, or to create a municipal bonded indebtedness, shall be held in conformity with any general law of the state relative thereto under which any such proceeding is instituted by the council, in case such general law provides for the procedure and manner of holding elections thereunder. (4-6-1971; 4-5-1977; 3-4- 2003; 7-1-2014)
Sec. 6. Initiative, Referendum And Recall.

Ordinances may be initiated, or the referendum exercised on ordinances passed by the council, under and in accordance with the constitution and general laws of the state. Any elective officer may be recalled from office under and pursuant to the provisions of the constitution and general laws, provided that a special election shall be held at the same time as the recall election, in accordance with the constitution and general laws of the state, for the purpose of electing officers to fill the place or places of the officers sought to be recalled. (4-6-1971; 3-4-2003) Sec. 7. Elective Officers To Be Residents.

In order to be eligible to hold any elective office in the city of Porterville, a person must be a resident and elector therein, and shall have resided in said city for at least thirty days next preceding the filing of their nominating papers, or equivalent declaration or candidacy, and be an elector at the time of said filing. (4-6-1971; 4-5-1977; 3-4-2003) Sec. 8. Elective Officers.

The elective officers of the city of Porterville shall be five councilmen, who shall be elected from the city at large at a general municipal election therein.

Sec. 9. Legislative Body; Composition; Election; Term; Compensation; Ineligibility For Other City Office; President Of Council; Vice-President; Installation Of Newly Elected Officers; Powers To Be Exercised By Council.

The legislative body of the city shall consist of five persons elected at large, which body shall be known as the council.

The members of the council shall be elected by the qualified voters of the city at a general municipal election to be held in the said city at the same time as the general election for federal offices for the state of California. They shall hold office for the period of four (4) years from and after the Monday next succeeding the day of their election and until their successors are elected, and qualified; provided the respective terms of any council member presently serving or elected at the time of the adoption of this amendment shall be extended one additional year to the even-numbered year following the expiration of their respective terms. (3-4-2003; 7-1-2014)
The members of the council shall each receive the sum of twenty dollars ($20.00) for each council meeting actually attended; the mayor shall receive the sum of twenty- five dollars ($25.00) for each meeting of the council actually attended, provided, however, that the members of the council shall not receive compensation for more than seven meetings in any one calendar month. In addition, the council shall be reimbursed for necessary expenses incurred for authorized city business. (4-6-1971)
The members of the council shall not be eligible to any other office or employment with the city.

The council shall reorganize at its next meeting following each municipal election and shall choose one of their number to serve as president of the council to be known as mayor. At this time the council shall also choose one of their number to serve as vice-president, and he/she shall act as mayor pro tempore in case of the absence, sickness or other disability of the mayor. The mayor and mayor pro tempore shall serve a two year term, but either may be removed at any time by a majority vote of the council. If the council removes the mayor prior to the expiration of his/her term pursuant to this provision, the council shall choose one of their number to serve as mayor until the next organizational meeting. (3-4-2003) The council shall meet at its usual meeting place on the first Monday after any municipal election, duly canvass the returns and declare the result thereof, and install the newly elected officers, if any.

All powers granted to and vested in the city of Porterville by law or by the provisions of this charter, shall, except as herein otherwise provided, be exercised by the council to be designated the "Council Of The City Of Porterville." The council shall be the governing body of the city and subject to the express limitations of this charter shall be vested with all the powers necessary or convenient for a complete and adequate system of municipal government, consistent with the constitution of the state. (4-6-1937)
Amendment note - The third paragraph of § 9 was amended April 6, 1971. Formerly said section allowed each council member the sum of $5.00 for each meeting actually attended, for not more than two meetings in any one month.

Sec. 9.1. Public Participation.

The council shall continue to encourage the organization of and communication with representative neighborhood groups throughout the city to encourage citizen participation, to seek advice and input and to provide information to the public relative to city matters and affairs. (3-4-2003)
Sec. 10. Time And Place Of Council Meetings; Meetings To Be Open To Public; Council To Adopt Rules For Conduct Of Its Own Proceedings.

The council shall provide by ordinance for the time and place of holding its meetings. Special meetings shall be called in accordance with the provisions of general law. There shall be at least one (1) regular meeting in each month. Any regular meeting may be adjourned to a date and hour certain, and such adjourned meeting shall be a regular meeting for all purposes. (4-6-1971)
Except for special meetings with the legislative bodies of other political subdivisions, or informational meetings held within a community in accordance with the Brown act where no action is to be taken, all meetings of the council shall be held at or on publicly-owned facilities, unless by reason of fire, flood, or other disaster, or lack of seating capacity, the public-owned facilities cannot be used for that purpose, and all meetings shall be open to the public. The council shall adopt rules for conducting its proceedings and may punish its members or other persons present at any meeting for disorderly conduct. (4- 2-1963; 3-4-2003; 7-1-2014)
Amendment note - The first paragraph of § 10 was amended April 6, 1971, by changing the manner of calling special meetings. Formerly the council provided by ordinance "the manner in which its special meetings may be called." The second paragraph of § 10 was amended March 4, 2003 to allow meeting outside city hall.

Sec. 11. Quorum; Compelling Attendance At Meetings.

A majority of the council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and postpone the consideration of or action upon, pending business in like manner. Attendance at meetings of absent members of the council may be compelled in such manner and under such penalties as may be prescribed by ordinance.

Sec. 12. How Council Acts On Legislative Matters; Resolutions; Records Of Votes; Requirement That All Members Vote; How Ordinances Headed; Ordaining Clause; Ordaining Clause Of Ordinances Passed By Initiative; When Ordinances To Be Passed; Publication; Effective Date Of Ordinances; Certain Matters Required To Be Passed By Ordinance; Repeal Of Ordinances; Revision Of Ordinances; Ordinances To Be Signed By Mayor And Attested By Clerk.

The council shall act in legislative matters by ordinance or resolution only. Other action of the council, unless herein otherwise provided, may be taken by resolution, motion, or order.

The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the record of the proceedings of the council. Upon the request of any member of the council, the ayes and noes shall be taken and recorded upon any vote. All members present at any meeting must vote; provided that no such member of the council shall cast a vote when to do so would be contrary to the applicable provisions of state law, including the laws pertaining to conflict of interest. (3-4-2003)
No ordinance or resolution shall be passed without receiving the affirmative votes of at least three members of the council.

Each ordinance shall be headed by a brief title which shall indicate the purport thereof.

The ordaining clause of all ordinances adopted by the council shall be, "The Council of the City of Porterville do ordain as follows:"
The ordaining clause of all ordinances passed by the vote of the electors of the city, through the exercise of the initiative shall be, "The People of the City of Porterville do ordain as follows:" No ordinance shall be passed by the council at any time other than at a regular meeting, and until its publication, in a manner and for a time period as determined and set forth by ordinance. (7-1-2014) Except an ordinance calling or otherwise relating to an election, no ordinance passed by the council of the city of Porterville, except when otherwise specially required by the laws of the state, and except an ordinance for the immediate preservation of the public peace, health or safety, which contains a declaration of, and the facts constituting its urgency and is passed by a four-fifths (4/5) vote of the council, and no ordinance granting a franchise, shall go into effect before thirty (30) days from its final passage.

Except as otherwise provided by general law, or this charter, no action providing for the granting of any franchise, or for the establishing or changing fire zones, or for the imposing of any penalty, shall be taken except by ordinance. (3-8-1983) No ordinance, or portion thereof, shall be repealed except by ordinance. No ordinance shall be revised, reenacted or amended by reference to its title only; but the ordinance to be revised or reenacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto shall be set forth and adopted according to the method provided in this section for the enactment of ordinances, and such revision, re-enactment, amendment, or addition, shall be made by ordinance only.

All ordinances shall be signed by the mayor and attested by the city clerk.

Sec. 13. Legislative Officers; Administrative Officers; Other Officers And Commissions; Consolidation Of Offices.

The legislative officers of the city of Porterville shall consist of five (5) members of the council, one of whom shall act as mayor. In addition, there shall be the following administrative officers who shall be appointed by the council: a city manager, a city attorney and a city clerk.

The council may, by ordinance provide for such other officers as deemed necessary and the council may further establish by ordinance commissions deemed by it to be necessary or proper to aid in the orderly administration of the city of Porterville.

All members of commissions and legislative committees shall be appointed by the council. The council may appoint members to other boards or committees. Administrative officers may appoint members to temporary administrative committees. (3-4-2003)
The council may, at any time, when in its judgment, the interest of the city so demands, by a four-fifths (4/5) vote thereof, consolidate by ordinance two or more city administrative offices and place the same in charge of one such officer. (4-2-1963; 4-6-1971; 3-8-1983)
Sec. 14. Official Bonds; Where Filed.

When in this charter not otherwise prescribed, the council shall determine which officers shall give bonds for the faithful performance of their official duties, and shall fix the amount of said bonds. Such officers before entering upon their official duties, shall execute a bond to the city in the penal sum required, which bond shall include any other office of which they may be ex-officio incumbent. Said bonds shall be approved by the council, filed with the city clerk, and paid for by the city; provided, however, that the bond of the city clerk when approved as aforesaid shall be filed with the city treasurer. Nothing in this section shall prevent the authorization or furnishing of a blanket bond to assure the honesty or faithful performance of any of its officers or employees. (3-4-2003)
Sec. 15. Oath Of Office.

Every officer and employee of the city, before entering upon the duties of his/her office shall take and subscribe the oath of offices as provided for in the constitution of the state, and shall file the same forthwith with the city clerk. (4-6-1971; 3-4- 2003)
Sec. 16. Vacancies In Office; When Offices Declared Vacant.

A vacancy in any legislative office, from whatever cause arising excluding any vacancy created due to a successful recall election, shall be filled by appointment by the council, such appointee to hold office until the next general municipal election, when a successor shall be chosen by the electors for the unexpired term; provided, that if the council fails to agree or for any other reason does not fill such vacancy within thirty days after the same occurs, then such vacancy shall be filled by the mayor; provided, however, that if for any reason the seats of a majority of the council shall become vacant, then the city clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the manner provided for general municipal elections. (3-4-2003) If, without permission from the city council, any legislative officer of the city shall remove from the city or absent himself/herself therefrom for more than forty-five (45) days consecutively, or shall fail to attend five (5) consecutive regular city council meetings unless prevented from attending by sickness (but in no case for a period exceeding ninety (90) days), his/her officer shall thereupon become vacant. If for said forty-five (45) day period any legislative officer shall willfully fail or refuse to perform the duties of his office, though able to do so, or shall fail to qualify, or shall resign, or be convicted of a felony or a crime of moral turpitude, or be adjudged mentally incompetent, his/her office shall thereupon become vacant. (3- 4-2003; 7-1-2014)
Sec. 17. Appointment And Removal Of Officers And Employees; Grounds Of Removal; Hearing Prior To Removal.

Except as may be otherwise in this charter provided, the affirmative vote of three (3) members of the council shall be required for the appointment of or the removal of any administrative officer for cause. "For cause" includes, but is not limited to, refusal to perform the duties of his/her office, being adjudged mentally incompetent, or being convicted of a felony or crime of moral turpitude. The administrative officer is entitled to a hearing before the council on the validity of the grounds providing the basis for removal for cause. (3-8-1983; 3-4-2003) The council may remove any of its administrative officers at its pleasure, without cause stated or at hearing had, by the affirmative vote of four members cast in favor of such removal, and the determination of the council in such matters shall be final and conclusive. (3-8-1983)
Editor's note - Prior to its complete restatement by an amendment adopted March 8, 1983, § 17 had been amended February 5, 1935, and April 6, 1971.

Sec. 17-A. Retirement Age For City Employees.

Repealed March 8, 1983.

Sec. 17A. Retirement Age For City Employees Effective April 2, 1975.

Repealed March 8, 1983.

Sec. 18. Compensation Of Appointive Officers And Employees; Limitation As To Least Amount Of Compensation; Fees Abolished.

The council shall fix the compensation of all appointees and employees except officials and members of boards, commissions and committees serving gratuitously. Said compensation shall be fixed, increased or changed by resolution, adopted by a three-fifths (3/5) vote of the council. (4-6-1971; 3-4-2003) The duties or the minimum compensation of any appointive official shall not be so established by the council as to in effect abolish the office.

The salary of any appointive official or employee of the city shall cease forthwith with his/her removal or resignation from office or employment, provided, however, that the city manager may be entitled, if authorized by the city council, to severance pay in an amount not to exceed the equivalent of 12 months' salary, subject to any other restrictions set forth by state law. (3-4-2003; 7-1-2014)
No officer or employee shall be allowed any fee, perquisite, emolument, or stipend, in addition to, or save as embraced in the salary or compensation fixed for such office by the council, if a council appointee, or the manager if a manager appointee, and all fees received by such officers or employees in connection with his/her official duties shall be paid by him/her into the city treasury, and a written report made of same, provided, however, that rewards which have been publicly offered for the apprehension of criminals may be received by the officer or officers making the apprehension, after deducting therefrom any expense that the city may have sustained in the matter. (2-5-1935; 4-6-1971; 3-4-2003) Amendment note - The first and fifth (now fourth) paragraphs of § 18 were amended April 6, 1971. Formerly compensation was fixed, increased or changed by ordinance. The former second paragraph of § 18, which authorized the city manager to fix the compensation of his appointees, was repealed.

Sec. 19. Duties Of The Mayor Generally.

The mayor shall be the executive head of the city. In case of riot, insurrection, extraordinary emergency, or other disaster, he/she shall be responsible for making a public declaration of a state of emergency and shall assume all other responsibilities required of him/her pursuant to the city's disaster plan. (3-4-2003) In the name and on behalf of the city, he/she shall sign all contracts, deeds, bonds and other legal instruments in which the city is a party. (3-4-2003)
He/she shall represent the city at all ceremonial functions of a social or patriotic character when it is desirable or appropriate to have the city represented officially thereat. (2-5-1935; 3-4-2003) In the absence of the mayor, for whatever reason, the vice president of the council shall assume the duties as mayor pro tempore. (3-4-2003)
Sec. 20. City Attorney; Qualification; Duties; Assistant Attorney.

The city attorney shall be an attorney-at-law, admitted to practice as such before the supreme court of the state, and who has been in actual practice therein for at least three years next preceding his/her appointment. All other things being equal, an attorney who has had special training or experience in municipal corporation law shall be appointed to this office if practicable. The city attorney shall be legal advisor of the council, and all other city officials. He/she shall prosecute all violations of city ordinances and shall draft all contracts and other legal documents and instruments, required by the council or the city manager. He/she shall perform such other legal services as the council may direct and shall attend all meetings of the council unless excused therefrom by three members thereof or by the mayor.

When from any cause the city attorney is unable to perform the duties of his/her office, he/she may, with the consent of the council, appoint some other qualified attorney to temporarily act in his/her place and whenever in the judgment of the council, the interests of the city require it, it may employ assistant counsel.

The city attorney shall deliver all books, records, papers, documents and personal property of every description, owned by the city, to his/her successor in office, and the city shall provide a means of safe-guarding the same.

He/she shall possess such other powers, and perform such additional duties, not in conflict with this charter as may be prescribed by ordinance. (3-4-2003)
Sec. 21. City Manager; To Become Resident; Powers And Duties; Bond.

The city manager shall be the administrative head of the city government. The city manager shall establish residency in the city of Porterville within a reasonable period of time within the discretion of the council. His/her powers and duties shall be as follows:
(a) To see that all ordinances are enforced.
(b) To appoint except as otherwise provided in this charter, all heads of departments, subordinate officials and employees, and remove the same, except as otherwise herein provided, and have general supervision and control over the same.
(c) Repealed. (4-6-1971)
(d) To see that all the provisions of all franchises, permits, and privileges granted by the city are fully observed, and report to the council any violation thereof.
(e) To act, as purchasing agent for the city, should he/she be so appointed by the council. (f) To attend all meetings of the council unless excused therefrom by the council or mayor. (g) To examine or cause to be examined, without notice, the conduct of any officer or employee of the city. (h) To keep the council advised as to the needs of the city. (i) To devote his/her entire time to the interests of the city. (j), (k) Repealed. (4-6-1971)
(l) Repealed. (3-4-2003)
(m) To possess such other powers and perform such additional duties as are prescribed by this charter, or may be prescribed by ordinance. (2-5-1935)
(n) Repealed. (4-6-1971)
Sec. 22. City Manager Pro Tem.

In case of an illness, scheduled vacation or scheduled absence from the city of the city manager, for a period of up to thirty (30) days, the individual designated as the deputy city manager shall serve as city manager pro tem. In the event that a deputy city manager has not been designated or the deputy city manager is otherwise unable to serve, the city manager shall appoint one of the existing directors of the city departments to serve as city manager pro tem. (3-4-2003) In the case of any other absence, excluding a vacancy of the city manager position, from the city of the city manager, or his/her temporary disability to act as such, the council shall appoint a city manager pro tem, who shall possess the powers and discharge the duties of the city manager during such absence or disability only; provided, however, that a city manager pro tem shall have no authority to appoint or remove any city department director except with the unanimous formal approval of all of the members of the council. In the event that the city manager position is vacant, the council shall appoint a city manager or acting/interim city manager in accordance with sections 13 and 17 of this charter. (3-4-2003) Sec. 23. City Clerk; To Be Clerk Of The Council When So Appointed; Duties; To Keep Corporate Seal.

The city clerk shall be clerk of the council when so appointed by the council. (3-4-2003) It shall be the duty of the city clerk to attend all sessions of the council and keep a full and correct record of the proceedings of each of said bodies. The proceedings of the council shall be kept in a book marked "Minutes of the Council." He/she shall keep a book marked "Ordinances" into which he/she shall copy all city ordinances certifying that each such copy is a full and correct copy of the original ordinance, and stating that the same has been published as required by law. Said record copy, so certified, shall be prima facie evidence of the contents of the ordinance, and of its passage and publication and shall be admissible as such evidence in any court or proceedings. Such record shall not be filed but shall be returned to the custody of the city clerk. He/she shall also keep a book marked "Resolutions," into which he/she shall copy all resolutions passed by the council. Both the books containing ordinances and resolutions, shall be adequately and comprehensively indexed.

He/she shall conduct promptly, and keep a systematic record of all correspondence between the council and third parties relating to city business.

He/she shall be the keeper of the corporate seal of the city, and shall affix the same to instruments or writings requiring authentication. He/she shall safely keep all records, documents, ordinances, resolutions, books and such other papers and matters, as may be regularly delivered into his/her custody or required by law or ordinance to be filed with him/her. (4-2- 1963; 4-6-1971; 3-4-2003)
Amendment note - The first paragraph of § 23 was amended April 6, 1971 by the addition of the words "when so appointed by the council." The former fourth paragraph of § 23 relating to the clerk's duties as assessor, was repealed April 6, 1971.

Sec. 24. Director Of Finance; Payment Of Demands; To Check Annual Tax Roll.

The city manager shall appoint the director of finance of the city, who shall serve as the general accountant of the city.

He/she shall receive and preserve in his office all accounts, books, vouchers, documents and papers relating to the accounts of the city, its debts, revenues and other financial affairs. He/she shall keep an account of all moneys paid into and out of the treasury; and keep informed as to the exact condition of the treasury at all times. (4-6-1971) Every demand upon the treasury, before its approval by the council, must be presented to the director of finance, who shall satisfy himself/herself whether the money is legally due, and its payment authorized by law. If satisfactory, he/she shall draw a warrant upon the treasury for the payment thereof. Every demand approved by the director of finance shall specify on its face the several items composing it, with the amounts and dates thereof. The approval of the council shall not be necessary to draw warrants for the payment of regular salaries of officials and employees of the city, or for payment of any obligation previously authorized by law, or by resolution or order of the council. (4-6-1971) He/she shall render each month a statement to the council showing the financial condition of the city, and annually a like statement covering all of the financial transactions of the city during the year previous.

After the annual tax roll has been completed, and before it is deposited with the collector, the director of finance shall make a check of the roll correcting any errors that may be found and endorse same with his/her approval. (4-6-1971; 3-4-2003) Amendment note - The first, second and fourth paragraphs of § 24 were amended April 6, 1971. Formerly the auditor was the general accountant of the city who performed the duties set out in the section.

Sec. 25. City Treasurer; Appointment; Duties; Bond.

Repealed April 6, 1971.

Sec. 26. Repealed April 2, 1963.

Sec. 27. Chief Of Police; Duties; Appointment And Removal Of Subordinates; To Make Rules And Regulations.

Repealed April 6, 1971.

Sec. 28. Fire Chief; Appointment; Duties And Powers.

Repealed April 6, 1971.

Sec. 29. Collector; Duties.

Repealed April 6, 1971.

Sec. 30. City Engineer; Powers And Duties.

Repealed April 6, 1971.

Sec. 31. Office Of Purchasing Agent Authorized; Duties Of Heads Of Offices To Submit Estimates To Agent; Duties Generally; Competitive Bidding; Preference To Local Merchants.

Repealed April 6, 1971.

Sec. 32. Street Superintendent.

Repealed April 6, 1971.

Sec. 33. Qualifications Of Health Officer; Duties.

Repealed April 6, 1971.

Sec. 34. Vacations.

Repealed April 6, 1971.

Sec. 35. Additional Duties Of Officers.

Besides the duties herein specified, all officers and boards shall perform such other appropriate duties as may be prescribed by ordinance or the general laws.

Sec. 36. Officers And Employees To Continue In Office Until Successor Elected Or Qualified.

Until the election or appointment and induction into office of the officers and employees in this charter provided for, the present officers and employees shall without interruption, continue to perform the duties of their respective offices and employments for the compensation provided by existing ordinance or laws.

Sec. 37. Resignations From Office; Candidates For Office Not Required To Resign From Other Office Prior To Appointment Or Qualification; When Resignation Effective.

Repealed April 6, 1971.

Sec. 38. Officers And Boards Having Power To Administer Oaths And Issue Subpoenas; Contempt Proceedings.

Repealed March 8, 1983.

Sec. 39. Fiscal Year.

The fiscal year of the city shall commence on the first day of July of each year, or at such other time as may be fixed by ordinance. (3-4-2003)
Sec. 40. Taxation To Conform To General Laws Of The State.

Except as otherwise herein provided the council shall, by ordinance, provide a system for the assessment, equalization, levy, and collection of taxes, which, as nearly as may be, shall conform to the system provided by the general laws of the state; provided, that all sales for delinquent taxes shall be made to the city of Porterville. Should the council fail to fix the tax rate within the time prescribed, then the tax rate of the previous year shall constitute the rate for the current year.

Sec. 41. Board Of Equalization.

Repealed March 4, 2003.

Sec. 42. Annual Tax Levy To Be Affixed.

The council, not later than its second regular meeting in August, shall fix a rate of taxation sufficient to raise the amounts established by council action pursuant to section 44. The council shall notify the county assessor who shall thereupon compute and carry out the amount of tax so levied on each parcel of property contained in the assessment roll for the city. (4-6-1971; 3-4-2003)
Amendment note - On April 6, 1971, § 42 was amended by changing the meeting date from the first regular meeting in September to the second regular meeting in August.

Sec. 43. Limitation On Tax Levy.

Repealed March 4, 2003.

Sec. 44. Limitation On Special Tax Levies; Enumeration Of Purposes For Which Special Taxes May Be Levied.

The council shall have the power to levy and collect taxes, in addition to the taxes herein or by general law authorized to be levied and collected, sufficient to pay and maintain the sinking fund of the bonded indebtedness of the city; and for the following purposes: (4-6-1971)
(a) For the support and maintenance of the fire department, for fire protection purposes, at the rate of not more than three mills on each dollar of the assessed valuation of the real and personal property within the city; (4-6-1971) (b) For the acquisition, construction and maintenance, as the case may be, of permanent public improvements, of real property, of public buildings and structures, and of public offices, including equipping and furnishing the same, at the rate of not more than two mills on each dollar thereof;
(c) For the maintenance and support of free public libraries and reading rooms in said city, at the rate of not more than two mills on each dollar thereof.
(d) For the maintenance and support of free public parks and playgrounds in said city, at the rate of not more than two mills on each dollar thereof;
(e) For music, entertainment, and promotion, at the rate of not more than one mill on each dollar thereof. (2-5-1935; 4-5- 1949)
Amendment note - The first paragraph and subsection (a) of § 44 were amended April 6, 1971. In the first paragraph the words "at not to exceed the following rates" was deleted. In subsection (a), the rate was changed from five mills to three mills and the firemen's relief fund was eliminated as a purpose.

Sec. 45. Taxes And Assessments To Constitute A Lien; Foreclosure.

All taxes and assessments levied, together with any percentages imposed for delinquency and cost of collection, shall constitute liens on the property assessed; every tax upon the personal property shall be a lien upon the real property of the owner thereof. The liens provided for in this section shall attach as of the first Monday in March each year and may be enforced by actions to foreclose such liens in any court of competent jurisdiction, or by a sale of the property affected and the execution and delivery of all necessary certificates and deeds therefor, under such regulations as may be prescribed by ordinance; provided that when real estate is offered for sale for city taxes due thereon the same shall be sold to the city in like case and manner, and with like effect and right of redemption as it may be struck off and sold to the state when offered for sale for county taxes; and the council shall have power to provide by ordinance for the procedure to be followed in such sales to the city and redemption thereafter.

Sec. 46. Disposition Of City Money.

All moneys collected for the city by any officer or department thereof shall be paid into the treasury daily if possible, and at least once each week.

Sec. 47. Application Of Surplus Bond Money.

All moneys derived from the sale of bonds, including premiums and accrued interest, shall be applied to the purposes for which the bonds were voted. After such purposes have been fully completed and paid for, any remaining surplus shall be transferred to the bond and interest redemption fund.

Sec. 48. Payment Of City Money; Expenditures And Indebtedness; Presentation Of Demands; Warrants On Treasury.

No money shall be expended on behalf of the city, for any purpose, unless and until the same shall have been authorized by a majority vote of the council; provided that following every council election, the city council may, by a majority vote, adjust the amount of money that may be expended on behalf of the city, without prior specific council authorization. (3-4-2003; 7-1- 2014)
The city council, by resolution by a majority vote of the council, shall establish the maximum amount of money to be expended on behalf of the city without first requiring specific council authorization, except as otherwise provided for in this charter; provided further that said maximum amount once established by resolution shall not be adjusted until after each general council election. (7-1-2014)
No indebtedness shall be incurred on behalf of the city, for any purpose, unless and until the same shall have been authorized by resolution by a four-fifths (4/5) vote of the council; provided that following every council election, the city council may, by a four-fifths majority vote, adjust the amount of indebtedness that may be incurred, on behalf of the city, without prior specific council authorization. (7-1-2014) The city council, by resolution approved by a four-fifths vote of the council, shall establish the maximum amount of indebtedness to be incurred on behalf of the city without first requiring specific council authorization, except as otherwise provided for in this charter; provided further that said maximum amount once established shall not be adjusted until after each general council election, and then only by resolution by a four-fifths majority vote. (3-4-2003; 7-1-2014) Indebtedness evidenced by general obligation bonds shall be incurred by the city only if approved by the city council and authorized by the voters as required by the constitution and general laws of the state. (7-1-2014) All demands against the city shall, before being paid, be presented to and approved by the proper board, commission or officer, as herein provided. Demands for which no appropriation has been made shall be presented to the city manager, provided, that any person dissatisfied with the refusal of the city manager to approve any demand, in whole or in part, may present the same to the council, and the approval of such demand by the council shall have the same effect as its approval by the city manager; and provided further, that if the council shall provide for other boards or commissions, it may make provision for the presentation to and approval by any such board or commission of demands for liabilities incurred by them. (7-1-2014)
The council may provide for a revolving cash fund as authorized by ordinance by four-fifthsmajority vote of the council; provided that effective January 1, 2004, and following every council election thereafter, the city council may, by a four-fifths majority vote, adjust the revolving cash fund. The amount shall be paid to the city manager, and used by him/her for the payment in cash, of expenditures provided for in the budgets that cannot conveniently be paid otherwise. He or she shall account to the council for all payments by him or her out of said fund when making demand for the replenishment of the same, and at such other times as the council may require, and they shall thereupon be charged against the proper appropriations. (3-4-2003; 7-1-2014)
All demands approved by the proper board, commission or officer shall be presented to the director of finance, who shall examine the same, and if the amount thereof is legally due and there remains on his books an unexhausted balance or an appropriation against which the same may be charged, he/she shall approve such demand and draw and sign his warrant on the treasurer therefor, payable out of the proper fund. Objections of the director of finance to any demand may be overruled by the council, and the director of finance shall thereupon draw his warrant as directed by the council. Such warrants, when presented to the treasurer, shall be paid by him/her out of the fund therein designated, if there be sufficient money in such fund for that purpose. A warrant not paid for lack of funds shall be registered, and all registered warrants shall be paid in the order of registration when funds are available therefor; all such registered warrants shall bear interest at the rate of six percent (6%) per annum. The director of finance shall draw his/her warrants for payment of municipal or other bonds payable out of the funds in the treasury upon presentation and surrender of the proper bonds or coupons without approval of anybody or officer. The council may make further regulations by ordinance regarding the presentation, approval and payment of demands against the city. (3-4-2003; 7-1-2014) Sec. 49. Monthly Financial Reports Required.

All officers required by this charter or by ordinance to submit monthly financial reports to the council, shall submit the same in duplicate, and upon their approval by the council, one of each of such duplicate reports shall be posted forthwith in the office of the city clerk in such manner as to be readily accessible to the public, and shall remain so posted until the approval by the council of the next succeeding financial report when the same procedure shall be followed in relation thereto. The council, in addition to such posting, may, in its discretion, cause any of such reports to be published at any time.

Sec. 50. Approving Illegal Claims To Forfeit Office.

Every officer who shall wilfully approve, allow or pay, any demand on the treasury not authorized by law, shall be liable to the city individually and on his/her official bond for the amount of the demand so approved, allowed, or paid, and shall forfeit his/her office and be forever disbarred from holding any position in the service of the city.

Sec. 51. Annual Budget Contents; Publication.

Not later than thirty days before the end of the city's fiscal year, the city manager shall submit to the council an estimate of the expenditures and revenues of the city departments for the ensuing year. This estimate shall be compiled from detailed information obtained from the several departments on uniform blanks to be furnished by the manager. (4-6-1971; 3-4-2003) Sufficient copies of such estimate shall be prepared and submitted that there may be copies on file in the office of the council for inspection by the public, unless the council shall publish the same in a newspaper.

After duly considering the estimate and making such corrections or modifications thereto as shall seem advisable to it, the council shall by resolution adopt a general budget and such resolution shall operate as an appropriation of funds to the amounts and for the purposes set forth in the budget so adopted. At any meeting after the adoption of the budget, the council, by a vote of three (3) members, may amend or supplement so as to authorize the transfer of unused balances for one purpose to another purpose or to appropriate available revenues not included in the budget. (3-4-2003) Amendment note - On April 6, 1971, the first paragraph of § 51, was amended by deleting the second sentence relating to classification of the estimated expenditures.

Sec. 51A. General Reserve Fund; Purposes.

Repealed April 6, 1971.

Sec. 52. Uniform Accounts And Reports.

Repealed April 6, 1971.

Sec. 53. Written Investment Policy.

The city manager shall recommend and the city council by resolution shall adopt a policy to govern the investment of all city monies, which policy shall be consistent with applicable state law and shall, at a minimum, provide for the investment of all monies in such a manner as to assure the preservation and safety of principal and the integrity of record keeping; identify the types of allowable investments; and provide for the safekeeping of securities. (3-4-2003) Sec. 54. Applicability Of General Laws.

All general laws of the state applicable to municipal corporations now or hereafter enacted, and which are not in conflict with the provisions of this charter or the ordinance of the city hereafter enacted shall be applicable to the city. The council may adopt and enforce ordinances which in relation to municipal affairs, shall control as against general laws of the state.

Sec. 55. Repealed April 2, 1963.

Sec. 56. Public Library.

The free public library of the city of Porterville shall be established, conducted, carried on, managed and operated in accordance with rules, regulations and ordinances passed and adopted by the council of the city of Porterville. (4-7-1959) Sec. 57. Park Commission; Composition; Term; Powers And Duties; Authority To Accept Donations, Legacies Or Bequests.

Repealed April 6, 1971.

Sec. 58. Pensions.

The council shall have and is hereby granted full power and authority to establish, regulate, maintain, revise and amend, a retirement, disability, death benefit and pension system, or either or any of them, for its elective and appointive officers and employees of the city of Porterville and their dependents. Authority and power is hereby vested in the city of Porterville, its council, its officers, agents and employees to do and perform any act or exercise any authority granted, permitted or required whereby the city of Porterville may fully participate in a retirement, disability, death benefit and pension system for its employees.

A system for retirement, disability, death benefit and pension rights for employees and their dependents authorized by this section when established by the council, shall not be terminated without securing the approval of a majority of the electors of the city of Porterville at an election held therefor, except as may be permitted by applicable state law. (4-6-1971; 7-1-2014) The city shall levy and collect taxes sufficient to pay all costs and expenses required to be paid by the city of Porterville to enable the city of Porterville to participate in any such retirement, disability, death benefit or pension system established, set up or maintained by, for or on behalf of the city of Porterville and the limitations of section forty-three of the charter of the city of Porterville, with respect to levying and collecting of municipal taxes, shall not apply to any tax authorized by this article. (4-9-1951; 4-10-1961)
Amendment note - The second paragraph of § 58 was amended April 6, 1971, by eliminating the former first sentence pertaining to employees of the Porterville Public Library.

This section shall be construed in accordance with the California constitution and shall be deemed to allow the city to create, eliminate, or modify its pension and retiree healthcare benefits to the fullest extent permitted by the California constitution and applicable law. (7-1-2014)
Sec. 59. Employment Of Certified Public Accountant To Audit City Books.

The city council shall employ a certified public accountant annually to investigate the accounts and transactions of all city officers and employees having the collection, custody or distribution of public money or property, or the power to approve, allow or audit demands on the city treasury. (2-5-1935; 4-2-1963; 4-6-1971) Amendment note - On April 6, 1971, § 59 was amended by the addition of the word "council" following the second word of the section.

Sec. 60. Financial Interests Prohibited.

City officers and employees are prohibited from having a financial interest in any contract, sales or purchases in accordance with applicable state law. (3-4-2003)
Sec. 61. Competitive Bidding For Contract Work For Erection, Improvement And Repair Of Public Buildings, Etc., Where The Amount Is In Excess Of Five Thousand Dollars.

When a required expenditure exceeds five thousand dollars, it shall be contracted for and let to the lowest responsible bidder after notice. (4-6-1971)
As used in this section public project means a project for the erection, improvement and repair of public buildings and works; work in or about streams, embankments, or other work for protection against overflow; street sewer work except maintenance or repair; furnishing supplies or materials for any such project, including maintenance or repair of streets, sewers or water lines.

The council may reject any or all bids presented and may, at its discretion, readvertise for other bids, or, the council may, after rejecting bids, determine and declare by a four-fifths (4/5) vote of all of its members that the work in question may be more economically or satisfactorily performed by day labor, or the labor or materials purchased at a lower price in the open market and after the adoption of a resolution to this effect it may proceed to have the same done in the manner stated without further observance of the foregoing provisions of this section.

The notice inviting sealed bids shall set a date for the opening of bids; the first publication shall be at least ten (10) days before the date of the opening of the bids; shall be published at least twice not less than five (5) days apart in the official newspaper selected by the council.

In case of a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, the council may, by resolution passed by a vote of four- fifths (4/5) of its members, determine and declare that the public interest or necessity demands the immediate expenditure of public money to safeguard life, health, or property, and thereupon they may proceed without advertising for bids or receiving the same, to expend, or enter into a contract involving the expenditure of any money required in such emergency, on hand in the city treasury and available for such purpose. (4-10-1961) Amendment note - The first paragraph of § 61 was amended April 6, 1971 by increasing the amount from $2,500.00 to $5,000.00.

Sec. 62. Public Improvements.

The improvement widening and opening of streets, the planting, care, and maintenance of trees, and the making of any other public improvement may be done and assessments therefor may be levied in conformity with and under the authority conferred by general laws; provided, however, that the council may by ordinance adopt a procedure for the improvement and repair of streets, alleys or other public places, the laying of pipes, or conduits or for the planting, care or maintenance of trees, or for the removal of dirt, rubbish, weeds and other rank growth and materials which may injure or endanger neighboring property or the health or the welfare of inhabitants of the vicinity, from buildings, lots and grounds and the sidewalks opposite thereto and for making and enforcing assessments against property benefitted or affected thereby, or from which such removal is made, for the cost of such improvements or removal and may make such assessments a lien on such property superior to all other claims or liens thereon, except state, county and municipal taxes, but no such ordinance shall prevent the council from proceeding under general laws for said purposes.

Sec. 63. Franchises; Limitation On Renewals.

Every franchise or privilege to construct, maintain, or operate, any means or method of transportation in or over any street, lane, alley or other public place within the city or to lay pipes or conduits, or erect poles or wires or other structures in or across any such public way or place, for the transmission of gas, electricity, or other commodity, or for the use of public property or places now or hereafter owned by the city, shall be granted under and in pursuance of the general franchises; provided, no new franchise or the renewal of any existing franchises shall be granted except upon the condition that at least two percent of the gross annual receipts derived from the use of such franchise shall be paid to the city. In all cases the applicant for a franchise shall advance the cost of advertising the same.

Every such franchise shall require the grantee thereof to agree to a joint use of its property with others, wherever practicable, and nothing herein shall be construed as prohibiting the council from requiring other conditions in granting the same not inconsistent with the constitution and general laws. No franchise or privilege so granted shall be sold, leased, assigned or otherwise alienated, without the express consent of the council given by ordinance and subject to referendum.

Sec. 64. When Franchise Required.

No person, firm, or corporation shall exercise any franchise or privilege, except to the extent he or it may be entitled to do so by the constitution of the state, or of the United States, in, upon, under, over, or along any street, public way, or public place in the city without having first obtained a grant therefor as provided in this charter and by general law.

Sec. 65. Newspaper Advertising And Printing.

The council shall advertise annually for the submission of sealed proposals or bids from newspapers of general circulation in the city, for the publication of all ordinances and other legal notices required to be published. The newspaper to whom such contract is awarded shall be known and designated as the official newspaper. The rates for publishing public notices shall not exceed the customary rates charged for publishing legal notices of a private character. (3-4-2003) Contracts for legal advertising shall be awarded to the lowest responsible bidder, provided no contract for legal advertising shall be awarded to any newspaper except a daily newspaper of general circulation, as defined by the Government Code. (4-6-1971)
Amendment note - The first paragraph of § 65 was amended April 6, 1971 by inserting the word "legal" before the word, "advertising"; by substituting "Government Code" in lieu of "Section 4460, of the Political Code." The former third paragraph reading, "Required printed office supplies may be purchased either through bids and contract, or by purchase in the open market," was repealed April 6, 1971.

Sec. 66. Public Records; Delivery And Safekeeping Of Documents.

The public shall have access to public records kept and maintained by the city in accordance with the law. (3-4-2003) Sec. 67. Interference With Performance Of Duties Of City Manager; Interference By City Manager In Elections.

No member of the council shall in any manner attempt to influence or coerce the city manager in the making of any appointment or the purchase of supplies in accordance with applicable state and federal law. (3-4-2003; 7-1-2014) The council shall deal with the administrative functions of the city through the city manager. The council shall only have direct contact with the directors of the city's departments for the purpose of asking questions. (3-4-2003; 7-1-2014) Any city council member violating the provisions of this section, or voting for a resolution or ordinance in violation of this section shall be guilty of a misdemeanor and, upon conviction, shall cease to be a council member. Additionally, any city council member violating this section may be subject to civil remedies as specified in section 74. (7-1-2014) Section 67.1. Political Activities By Legislative And Administrative Officers, Employees.

Political activities of and campaign contributions by the city's legislative officers, administrative officers, and employees shall be governed in accordance with applicable state and federal law. All legislative and administrative officers and all city employees are prohibited from engaging in political activities during working hours. City officers and employees are prohibited from engaging in political activities at their work place. (3-4-2003; 7-1-2014) Furthermore, city officers and employees are prohibited from engaging in political activities on city properties, provided this prohibition does not pertain to property that is otherwise open to the public for the purpose of engaging in political activities. (3-4-2003; 7-1-2014)
Sec. 68. Leases Of City Property.

In every lease of city property the basic amount of rental shall be fixed by the council.

All indentures of lease shall provide that the council may terminate the same at its pleasure and repossess the premises therein described upon three months' notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee appraiser appointed by the lessee.

In the event of their failure to agree upon the market value of the improvements within thirty days from and after their appointment, said two appraisers may appoint a third appraiser as a member of said board, and the determination of the majority of said board of appraisers, as to the market value of the improvements, shall be final and conclusive and binding on all concerned. Should the two appraisers appointed by the council and the lessee respectively, fail for forty days from and after their appointment to agree upon the market value of the improvements or to appoint a third appraiser, then upon the petition in writing of either party to any such lease, a judge of the superior court of Tulare County is hereby empowered to appoint the third appraiser upon such board; provided, however, that the council shall not terminate any such lease or repossess any such premises except for a public use and purpose; provided, further, that no lease of city property shall be made for a maximum term of more than fifty years. (4-2-1963; 4-6-1971) Amendment note - The second paragraph of § 68 was amended April 6, 1971, by substituting "maximum term" in lieu of "term" in the last proviso clause.

Sec. 69. Inventory Of City Property.

At the time for preparing and submitting the budget, as prescribed by this charter, a complete inventory of all personal property belonging to the city shall be prepared and filed with the city clerk, and such inventory shall be submitted to the council by the city manager at the time of the submission of the annual budget. Such inventory shall be prepared under the direction of the city manager, and all chief officials and department heads of the city shall be responsible for making and transmitting to the city manager a full and correct inventory of all city personal property in their possession or under their control.

Sec. 70. Equipment.

Repealed April 6, 1971.

Sec. 71. Zoning Authorized.

The council of the city of Porterville shall have the power to establish such zoning systems within the city as may in its judgment be most beneficial, and in such zoning systems may prohibit the erection or maintenance of any class or classes of buildings within certain areas, and may classify, and reclassify the zones established. The council may also prescribe the character of materials and methods of construction of buildings erected within any zone area, and may establish setback lines as it may consider necessary and proper. (4-6-1971) Sec. 72. Suspension Of Employees From Office And Fines.

Repealed March 8, 1983.

Sec. 73. Natural Or Other Disasters.

The city shall have in place a disaster plan, consistent with county, state and federal policies, to be implemented in the event of an emergency or disaster.

Sec. 74. Violations.

This section shall apply only if a penalty/violation is not otherwise explicitly provided for in the charter. A violation of any provision of this charter shall be a misdemeanor with maximum fines and imprisonment as allowed by law, except that such violation may be prosecuted as an infraction, at the discretion of the city attorney. (7-1-2014) Any violation of this charter may be prosecuted in the name of the people of the state of California or may be redressed by the city through any legal or equitable remedies; including but not limited to civil action and/or injunction, or administrative citation in accordance with adopted city ordinances. To the fullest extent allowed by law, civil remedies may be utilized in addition to or as an alternative to criminal enforcement. (7-1-2014) The city shall be authorized to recover its full costs, including reasonable attorneys' fees, for the enforcement of any violation of this charter or municipal code. The city council is authorized to adopt any necessary or appropriate ordinances to implement this section of the charter. (7-1-2014)
Item No. 25.

CITY COUNCIL AGENDA – JANUARY 20, 2026
SUBJECT: Consideration of Updated City Council Order of Business SOURCE: City Manager's Office
COMMENT: On November 18, 2025, the City Council adopted Resolution No. 105-2025, establishing an updated Order of Business for regular City Council meetings.

The changes adopted at that time were intended to improve the flow and efficiency of meetings, including relocating Council Comments near the beginning of the agenda and reorganizing informational and commission reports.

Following the implementation of these changes, the Vice Mayor requested that the City Council consider an additional amendment to include a second Council Comments section after Oral Communications. The City Council reviewed and discussed this proposal at its December 16, 2025, meeting and directed staff to return with a revised resolution updating the Order of Business for formal consideration.

Pursuant to that direction, staff have prepared the attached Draft Resolution, which rescinds Resolution No. 105-2025 and establishes a revised Order of Business. The revised Order of Business incorporates the previously adopted changes and adds a second Council Comments section following Oral Communications to allow Council Members to address matters raised by the public and improve transparency and communication during meetings.

If adopted, the updated Order of Business will be implemented beginning with the next regularly scheduled City Council meeting.

RECOMMENDATION: That the City Council adopt the Draft Resolution, rescinding Resolution No. 105-2025 and establishing a revised Order of Business for regular City Council meetings.

ATTACHMENTS: 1. Staff Report - December 16, 2025

2. Reso 105-2025_11_18_25
Item No. 25.

3. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 13.

CITY COUNCIL AGENDA – DECEMBER 16, 2025
SUBJECT: Consideration of Additional Amendments to the City Council Order of Business SOURCE: City Manager's Office
COMMENT: At the City Council meeting of November 18, 2025, the City Council adopted revisions to the Order of Business section of the City Council's Procedural Handbook to improve the flow and efficiency of meetings, including the addition of a Council Comments section near the beginning of the general session and a reorganization of informational and commission reports.

Following the implementation of these changes, the Vice Mayor has requested that the City Council consider an additional amendment to include a second Council Comments section after Oral Communications. This proposed adjustment intends to support improved communication, allow Council Members an opportunity to address matters raised by the public during Oral Communications, and promote transparency in decision-making.

As revisions to the Order of Business must be adopted by resolution, staff recommends placing this item on the January 20, 2026, agenda, where a revised resolution will be presented for consideration.

RECOMMENDATION: That the City Council approve the Vice Mayor’s request to consider amending the City Council Order of Business and direct staff to place the item on the January 20, 2026 City Council meeting agenda.

ATTACHMENTS: 1. Staff Report - November 18, 2025
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Item No. 13.

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

RESOLUTION NO. ______ - 2026

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PORTERVILLE RESCINDING RESOLUTION 08-2023 AND

ESTABLISHING NEW ORDER OF BUSINESS TO BE FOLLOWED AT

REGULAR MEETINGS OF THE CITY COUNCIL
Be It Resolved by the City Council of the City of Porterville that Resolution No. 105-2025 is herein rescinded.

Be It Further Resolved that the following is the order of business to be followed in conducting the regular meetings of the City Council.
 MEETING CALLED TO ORDER
 ROLL CALL
 ORAL COMMUNICATIONS (closed session items only)
 CLOSED SESSION(S)
 RECONVENE OPEN SESSION
 REPORT ON ACTION TAKEN IN CLOSED SESSION
 PLEDGE OF ALLEGIANCE
 INVOCATION
 COUNCIL COMMENTS
 PRESENTATIONS
 STAFF INFORMATIONAL REPORTS
 COMMITTEE AND COMMISSION REPORTS
 ORAL COMMUNICATIONS (on any matter of interest)
 COUNCIL COMMENTS
 CONSENT CALENDAR – to include:

Approval of Minutes
Claims Against the City
Payments on Public Works Projects
Authorization to Purchase
Authorization to Call for Bids
Award of Bids
Acceptance of Projects
Acceptance of Final Tract Maps
Annexations
Requests for City Services
Reports
Other Routine Matters
 PUBLIC HEARINGS
 SECOND READINGS OF ORDINANCES
 SCHEDULED MATTERS
 AB1234 REPORTS
 ORAL COMMUNICATIONS (on any matter of interest)
Resolution No. _____-2026

 COUNCIL COMMENTS
 ADJOURNMENT
PASSED, ADOPTED AND APPROVED this 20th day of January, 2026. _______________________________
Greg Meister, Mayor
ATTEST:

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