Cities Index.
Agenda packet

Porterville City Council
February 17, 2026

Document
Agenda packet
Meeting
February 17, 2026
Body
Porterville City Council
Pages
10
Original file
15.1 MB
Text extracted from the city's file for reading and search. Open the original on portervilleca.api.civicclerk.com. That file is the official record.

RESOLUTION NO. _____-2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF THE AMENDMENT OF

THE TENTATIVE SUBDIVSION MAP FOR THE DELLA FARMS RESIDENTIAL

DEVELOPMENT PROJECT
WHEREAS: following a public hearing on May 6, 2025, the City Council did adopt Resolution No. 45-2025, approving the Della Farms Residential Development Project (Project), consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately 25.47 acres into 160 lots located at the southwest corner of E Morton Avenue and N. Leggett Street (APN 2253-080-027 and 253-080-028; Site); and
WHEREAS: following additional review by the Engineering and Project Management Department, it has been determined that the right-of-way for and improvements to E Morton Avenue, N. Leggett Street, E. Cleveland Avenue, and N. Henry Street should be modified; and
WHEREAS: on February 6, 2026, a notice was published in The Porterville Recorder setting the date and time, and place of a public hearing for February 17, 2026, and similar notices were sent to owners of property within 300 feet of the site and posted at City Hall and the City’s website announcing the same; and WHEREAS: at a regular meeting on February 17, 2026, the City Council did conduct a public hearing to consider the proposed changes; and WHEREAS: the City Council has considered public testimony received during the public hearing; and
WHEREAS: the proposed action consists of issuance of a permit or entitlement for use and therefore constitutes a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and WHEREAS: the City Council has determined that the initial study and mitigated negative declaration adopted via Resolution No. 41-2025 adequately describes and assesses the project as proposed for revision.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve the conditions of approval for the Della Farms Residential Development Tentative Map (PRC 2024-017-S) as revised, which now read as follows:

1. The development shall comply with the Porterville Municipal Code, Chapter 21 Development Code and conditions from the Project Review Committee Resolution No. ____-2026

Page 2 of 7 ends

(PRC) meeting held on June 5, 2024 and as outlined in the Project Review Committee (PRC) letter for PRC 2024-017.

2. Unless otherwise noted, the developer/applicant shall comply with the City Master Plans and Standard Drawings, Standard Specifications for Public Works Construction (2018 Edition), and Caltrans Standard Plans and Specifications (2018 Standards), except where they are in conflict with current access compliance regulations, the current California Building Code, the Tulare County Hazardous Waste Management Plan, the California Manual on Uniform Traffic Control Devices, the Porterville Circulation Element, and the Tulare County Congestion Management Program.

3. The developer/applicant shall pay all applicable fees according to the Municipal Code and State law. The developer/applicant is hereby notified that you have the right to pay fees, dedications, reservations or other exactions, under protest, pursuant to Government Code Section 66020(a).

You have 90 days from the date fees are paid to file a written protest.

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

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

6. The developer/applicant shall submit a tentative subdivision map that complies with Section 402.02 of the adopted Development Ordinance.

Approval of tentative subdivision maps are contingent upon satisfying the applicable provisions of the required form and content.

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

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

9. Exclusive of assessments for a Lighting and Landscape Maintenance District, the developer/applicant shall pay all service fees and maintain all new lighting and landscape improvements in a safe and healthy manner for the greater of a minimum ninety-day plant establishment period following Resolution No. ____-2026

Page 3 of 7 ends

acceptance of the subdivision improvements, or until assessment begins for the Lighting and Landscape Maintenance District.

10.The developer/applicant shall replace or provide surety for replacement of irrigation pipes in the right of way, if in the opinion of the City Engineer, replacement is warranted. The developer/applicant shall provide easements for irrigation pipes across lots created, if pipes will continue to be in use.

11.Prior to recording the final subdivision map, the developer/applicant shall provide surety for off-site improvements and provide easements, permits, calculations, etc. if, in the opinion of the City Engineer, they are needed for the proper functioning or phasing of the subdivision (e.g. water, sewer, drainage, etc.).

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

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

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

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

16.Prior to recording the final subdivision map, the developer/applicant shall provide surety for off-site improvements and provide easements, permits, calculations, etc. if, in the opinion of the City Engineer, they are needed for the proper Resolution No. ____-2026

Page 4 of 7 ends

functioning or phasing of the subdivision (e.g. water, sewer, drainage, etc.). All on-site improvements shall be constructed or covered by an appropriate surety.

The developer/applicant shall stub improvements to the property line if, in the option of the City Engineer, they will be needed for connection to development on the adjacent property.

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

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

19.The developer/applicant shall dedicate right-of-way for a street width that matches the ultimate width in the adopted Land Use and Circulation Element and/or the width established by the City Council, and dedication of required property for accessible ramp(s), sidewalk, etc.:
a. Morton Avenue is designated as a Major Arterial per the Circulation Element and right of way dedication will be required. The overall right of way width shall maintain 64' minimum between curbs, a 5' landscape strip measured from curb face, followed by a 5' sidewalk where the back of the sidewalk is the right of way. A 10' landscape easement behind the property line is required along with a block wall. b. Leggett Street is designated as a Collector per the Circulation Element and right of way dedication will be required. The overall right of way width shall maintain 50' minimum between curbs, a 5' landscape strip measured from the face of curb, followed by a 5' sidewalk where the back of the sidewalk is the right of way. A 10' landscape easement behind the property line is required along with a block wall. c. Cleveland Avenue, Henry Street and all interior streets shall maintain 36' minimum between curbs, a 5' landscape strip measured from the face of curb, followed by a 5' sidewalk where the back of the sidewalk is the right of way. The entire north side of Cleveland Avenue is required by the subdivision and 28' of the road width, the City requests that the south side of Cleveland be completed from where the existing curb and gutter ends west of Sierra Vista Street all the west out to Henry Street. The entire east side of Henry Street is required by the subdivision down to Cleveland Avenue, the City requests that the east side of Henry be completed from the Cleveland/Henry intersection all the way south to Putnam Avenue. The sidewalk along Putnam Avenue is to be removed and replaced to eliminate an existing jog in the improvement. This extra work is reimbursable.
d. Total area of dedication to be determined by a licensed surveyor.

20.Prior to recording the final subdivision map, the developer/applicant shall provide improvements by the method indicated below:
a. Pursuant to Section 66411.1(b) of the Government Code, the developer applicant shall construct curbs, gutters, sidewalks, curb returns per City Standards, sewer laterals, water services, fire hydrant Resolution No. ____-2026

Page 5 of 7 ends

relocation, street lights, connecting pavement along the full frontage of the proposed land division parcels. Additional improvements include a functional drainage system, connection of existing house to City’s sewer system, abandonment of existing septic system(s), well abandonment (if any, and not in compliance with the City’s Backflow Ordinance), curing of leaks in irrigation lines (if any), and other improvements necessary for public health and safety, except where they exist to Federal, State and City standards and are in good condition in the opinion of the City Engineer.

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

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

23.The developer/applicant shall provide a Soils Report in conformance with Chapter 18 of the current California Building Code. The Soils Report shall include R-Value testing, expansion indexes, etc. where required for the construction of public improvements. The developer/applicant is advised that this area has previously been identified as an area of variable soil expansion potential.

24.The developer/applicant shall construct drainage facilities as required to serve the property (Ord. No. 1306). A minimum of runoff must be contained onsite per the State’s MS4 requirements. Drainage calculations must be submitted to verify that onsite drainage area/s will capture necessary runoff.

An existing storm water basin is located south of the proposed development that may be able to serve the proposed development. Developer/applicant shall verify that the existing basin has sufficient capacity to handle the additional runoff from the proposed development. The site shall be designed to convey water to the City drainage system without crossing driveways. The developer/applicant is required to install a sidewalk channel drain at the low side of the driveway, where applicable.

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

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

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

Resolution No. ____-2026

Page 6 of 7 ends

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

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

30.The developer/applicant shall underground existing utility structures (i.e. poles, splice boxes, vaults, etc.).

31.The developer/applicant shall provide 3000K LED streetlights on Marbelite poles (Marbelites spaced at a staggered 160’ intervals) following Southern California Edison Company specifications, as approved by the City Engineer.

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

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

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

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

36.The developer/applicant is advised that they are obligated to comply with the National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002 for discharge of Storm Water Associated with construction activity (except operations that result in disturbance of less than one acre of total land area and which are not a part of a larger common plan of development or sale). Before construction begins the proponent must:

Resolution No. ____-2026

Page 7 of 7 ends

a. Submit a Notice of Intent (NOI) to comply with the permit, a site map, and appropriate fee to the State Water Resources Control Board (SWRCB).
b. Prepare a Storm Water Pollution Prevention Plan (SWPPP) for the entire project before construction begins. The SWPPP must contain, at a minimum:
i. All items listed in Section A of the permit.
ii. Descriptions of measures to be taken to prevent or eliminate unauthorized non-storm water discharges and all temporary (e.g., fiber rolls, silt fences, etc.) and permanent (e.g., vegetated swales, detention basins, etc.) best management practices that will be implemented to prevent pollutants from discharging with storm water into water of the United States.

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

PASSED, APPROVED, AND ADOPTED this 17th day of February, 2026.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By:

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

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Consideration of Donation to the Porterville Rescue Mission SOURCE: City Manager's Office
COMMENT: At the City Council meeting on February 4, 2026, the Vice Mayor requested that an item be brought forward for City Council consideration regarding a potential donation to the Porterville Rescue Mission. The request was made during the meeting, and no specific dollar amount was identified at that time.

The Porterville Rescue Mission provides services to individuals and families experiencing homelessness and housing insecurity within the community. The City Council has historically considered discretionary contributions to community-based organizations when such contributions align with community priorities and available funding.

Because no donation amount was specified, staff is returning the item to the City Council for discussion and direction regarding whether a donation should be made and, if so, the dollar amount to be contributed.

Funding for any approved donation would be provided from the Special Purposes Reserve Fund.

RECOMMENDATION: That the City Council adopt a resolution authorizing a donation to the Porterville Rescue Mission from the Special Purposes Reserve Fund in an amount to be determined by the City Council.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Item No. 21.

Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk RESOLUTION NO._____-2026

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE AUTHORIZING THE APPROPRIATION OF FUNDS

FROM THE SPECIAL PURPOSES RESERVE FUND FOR CONTRIBUTION TO THE PORTERVILLE

RESCUE MISSION
WHEREAS, there is interest in allocating funds to be used in connection with the Porterville Rescue Mission for the benefit of individuals and families experiencing homelessness and housing insecurity in Porterville; and
WHEREAS, the City of Porterville Municipal Code Section 2-31.6 established the Special Purposes Reserve Fund for the purpose of providing funds to support one-time city special events, projects, and/or purposes that benefit the community; and WHEREAS, the City believes that use of the City’s Special Purposes Reserve Funds is appropriate to support emergency food and shelter services provided by the Porterville Rescue Mission;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville as follows:

1. The City Council finds that supporting Porterville Rescue Mission for the benefit of individuals and families experiencing homelessness and housing insecurity is within the intent and purpose of the Special Purposes Reserve Fund; and

2. The City Council does hereby approve and authorize the appropriation of $_____________ from the City’s Special Purposes Reserve Fund for funding a contribution to the Porterville Rescue Mission.
.

PASSED, APPROVED, AND ADOPTED this 17th day of February, 2026.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By:

Fernando Gabriel-Moraga
Chief Deputy City Clerk
Item No. 22.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Appointment of City Council Member as Member Representative to the Tule East Groundwater Sustainability Agency Board
SOURCE: City Manager's Office
COMMENT: At the City Council meeting on February 3, 2026, the City Council approved the Amended and Restated Joint Powers Authority Agreement establishing the Tule East Groundwater Sustainability Agency (TEGSA) and appointed the Public Works Director to serve as the City’s Alternate Member Representative on the TEGSA Board. During that action, the City Council inadvertently did not appoint a City Council Member to serve as the City’s Member Representative.

The approved Joint Powers Authority Agreement provides for each member agency to appoint one primary Member Representative and one Alternate to serve on the governing board of TEGSA. Appointment of a City Council Member as the City’s Member Representative is necessary to ensure full representation and voting participation on matters before the TEGSA Board, including governance, policy direction, and future groundwater sustainability planning efforts.

This staff report is limited solely to completing the City Council’s intended action by appointing one member of the City Council to serve as the City of Porterville’s Member Representative on the Tule East Groundwater Sustainability Agency Board. No additional action related to the Joint Powers Authority Agreement or Bylaws is required.

RECOMMENDATION: That the City Council appoint one member of the City Council to serve as the City of Porterville’s Member Representative on the Tule East Groundwater Sustainability Agency Board.

ATTACHMENTS: 1. Staff Report - February 3, 2026
Appropriated/Funded:

Item No. 22.

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 32.

CITY COUNCIL AGENDA – FEBRUARY 3, 2026
SUBJECT: Approval of Amended and Restated Joint Powers Authority Agreement Establishing the Tule East Groundwater Sustainability Agency (TEGSA) SOURCE: Public Works
COMMENT: The Sustainable Groundwater Management Act (SGMA) requires that medium- and highpriority groundwater basins be managed by one or more Groundwater Sustainability Agencies (GSAs). The City of Porterville lies within the Tule Subbasin, which has been designated as critically overdrafted and placed on probationary status by the State Water Resources Control Board due to deficiencies in the prior Groundwater Sustainability Plan (GSP). Local agencies within the subbasin must therefore establish a compliant governance structure capable of preparing, implementing, and enforcing a revised GSP.

The City of Porterville is currently a member of the Eastern Tule Groundwater Sustainability Agency (ETGSA). However, ETGSA is in the process of being dissolved following withdrawals by multiple member agencies, resulting in the need for the City to identify an alternative, compliant SGMA governance structure. In addition, in 2025, the City joined the Porterville Irrigation District (PID) Groundwater Sustainability Agency as a potential compliance pathway, but subsequently withdrew after determining that continued participation was not in the best interest of the City.

In response to the impending dissolution of ETGSA, the Ducor Water District, Hope Water District, and Tulare County initiated the formation of the Tule East Groundwater Sustainability Agency (TEGSA) to maintain local control within the Tule Subbasin and advance preparation of a compliant GSP. To facilitate this effort, an Amended and Restated Joint Powers Authority Agreement (JPA Agreement) has been prepared, along with draft Bylaws to govern the future operations of the agency.

As part of evaluating SGMA compliance pathways, staff also analyzed the feasibility of establishing a stand-alone GSA solely for the City of Porterville. While legally permissible, such an approach would require the City to independently develop and administer a GSP, retain specialized hydrogeologic and legal consultants, employ dedicated staff to oversee SGMA compliance, and negotiate basin coordination agreements with adjacent GSAs.

Based on this analysis, formation of an independent GSA would be substantially more complex, costly, and administratively burdensome than participation in a multi-agency GSA, assuming acceptable governance and fiscal protections are in place.

The City Attorney has reviewed the proposed Amended and Restated Joint Powers Authority Agreement and draft Bylaws and coordinated directly with County Counsel regarding the City’s requested revisions. The updated documents incorporate clarifications related to Management Area definitions, voting thresholds for assessments Item No. 32.
and related financial decisions, and procedural safeguards intended to provide greater transparency and proportionality for municipal members. These revisions establish a clear governance framework while preserving the flexibility required under SGMA.

It is important to note that while the JPA Agreement is approved by the participating agencies, the Bylaws are adopted by the GSA itself following formation. Accordingly, the City Council’s action at this time is to approve the JPA Agreement and acknowledge the draft Bylaws as the proposed governing document that will operate within the framework established by the JPA.

Consistent with SGMA, specific groundwater fees, pumping allocations, recharge credits, and mitigation measures are not established through the JPA Agreement or Bylaws. These matters will be developed through the Groundwater Sustainability Plan process and associated implementation actions, each of which will require additional technical analysis, inter-agency coordination, and public process. Approval of the JPA Agreement does not, by itself, impose groundwater assessments, pumping limitations, or financial obligations on the City.

TEGSA is seeking to form in the near term in order to initiate GSP development activities and coordinate basin-wide compliance efforts. Staff finds that approving the JPA Agreement at this time allows the City to maintain SGMA compliance, preserve local representation within the Tule Subbasin, and participate meaningfully in the development of long-term groundwater sustainability solutions, while retaining City Council oversight of future policy and fiscal decisions.

RECOMMENDATION: That the City Council:

1. Approve the Amended and Restated Joint Powers Authority Agreement establishing the Tule East Groundwater Sustainability Agency (TEGSA); and

2. Acknowledged the draft TEGSA Bylaws as the proposed governing document to be adopted by the GSA following its formation; and

3. Appoint one member of the City Council to serve as the City's Member Representative on the Tule East Groundwater Sustainability Agency Board; and

3. Appoint the Public Works Director to serve as the City's Alternate Member Representative on the Tule East Groundwater Sustainability Agency Board.

ATTACHMENTS: 1. Tule East GSAs Map 123035

2. Draft Amended and Restated Joint Powers Authority
Agreement

3. Draft TEGSA Bylaws (with City Attorney redlines)
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 32.

Item No. 23.

CITY COUNCIL AGENDA – FEBRUARY 17, 2026
SUBJECT: Consider an Ordinance Amending Chapter 15.20 of the Porterville Municipal Code Relating to Entertainment Zones
SOURCE: City Manager's Office
COMMENT: California law authorizes cities to establish Entertainment Zones within designated public areas where eligible alcoholic beverages may be consumed by adults 21 years of age or older during specified days and hours, subject to local authorization and compliance with requirements administered by the California Department of Alcoholic Beverage Control (ABC). Entertainment Zones are intended to support community civic events, encourage economic activity, and enhance pedestrian vitality in downtown and mixed-use areas, while maintaining local control and public safety oversight.

The statutory authority for Entertainment Zones was first introduced in California in 2013 to allow limited, event-based outdoor consumption of alcoholic beverages in defined public areas. This framework was designed to support festivals, civic events, and downtown business districts by enabling coordinated public activation while preserving local discretion regarding boundaries, hours, permitted beverages, and enforcement. Over time, the Legislature refined this authority to provide greater clarity and flexibility for local jurisdictions. Most recently, Senate Bill 969, effective January 1, 2025, expanded and clarified the statewide framework by expressly authorizing cities to establish Entertainment Zones by ordinance and to define geographic boundaries, days and hours of operation, permitted beverage types, and operational safeguards necessary to ensure responsible use.

Under the current legal framework, participation in an Entertainment Zone is voluntary and limited to eligible ABC-licensed establishments. Participating businesses must comply with all applicable license conditions, State law, and locally adopted rules, and must notify ABC of their intent to participate. ABC guidance recommends operational safeguards such as prohibiting glass containers, clearly identifying zone boundaries, implementing participant ageverification protocols, coordinating enforcement with local law enforcement agencies, and maintaining strong local oversight. These statutory updates reflect a statewide shift toward enabling cities to activate public spaces in support of community events and economic development while maintaining Item No. 23.
accountability and public safety.

Within this context, the City’s downtown area, while historic in character, has long served as the focal point for community civic events, festivals, and cultural programming. These events are typically held on Saturdays and are intended to activate the downtown core, support local businesses, and provide a safe and vibrant gathering space for residents and visitors. Establishing a Downtown Entertainment Zone would provide a structured, legally compliant framework to support these events by allowing participating, properly licensed businesses to sell beer and wine only for consumption within a defined public area during approved civic events.

Staff proposes that the Downtown Entertainment Zone be limited geographically to Main Street between Olive Avenue and Morton Avenue, consistent with the City’s existing downtown zoning, circulation patterns, and event footprint. The Entertainment Zone would be activated only in conjunction with approved Community Civic Events regulated under Chapter

15.20 of the Porterville Municipal Code. Alcohol consumption would not be permitted outside of approved events or beyond the authorized days and hours established for each event.

To ensure responsible operation and public safety, staff has prepared Downtown Entertainment Zone Operating Standards, attached to this report.

The Operating Standards establish the detailed rules, controls, and implementation framework governing Entertainment Zone events, including zone boundaries, days and hours of operation, permitted beverage types, container requirements, participant identification and wristband procedures, participating business requirements, law-enforcement oversight, insurance and indemnification requirements, refundable security and cleanup deposits, cleanup and signage responsibilities, enforcement mechanisms, and biennial review requirements. Participation by eligible businesses would be voluntary and subject to compliance with both State law and the adopted Operating Standards.

In addition, a draft ordinance amending Chapter 15.20 of the Porterville Municipal Code is attached for City Council consideration. The draft ordinance adds a new subsection within Chapter 15.20 to formally establish Entertainment Zones as a regulated activity, consistent with existing Community Civic Event permitting and enforcement frameworks. The ordinance incorporates required statutory elements, codifies core operational requirements, includes insurance and indemnification provisions, and provides for enforcement, penalties, and biennial review, while relying on the Operating Standards as the management plan for day-to-day implementation.

If authorized by the City Council, staff will return on March 3, 2026, with the ordinance for formal consideration and adoption at a noticed public hearing.

Item No. 23.

RECOMMENDATION: That the City Council:

1. Authorize the initiation of an amendment to Chapter 15.20 of the Porterville Municipal Code to establish a Downtown
Entertainment Zone, to be activated only in conjunction with approved Community Civic Events; and

2. Approve the Downtown Entertainment Zone Operating
Standards to serve as the management plan governing
Entertainment Zone events; and

3. Schedule and conduct a public hearing on March 3, 2026, to consider adoption of an ordinance amending Chapter 15.20 of the Porterville Municipal Code.

ATTACHMENTS: 1. Draft Ordinance

2. Draft Entertainment Zone Operating Standards
Appropriated/Funded:

Review By:

Department Director:

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

Page 1 of 6 ends

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 15.20 OF THE PORTERVILLE MUNICIPAL CODE

TO ESTABLISH ENTERTAINMENT ZONES
WHEREAS, the California Legislature has authorized local jurisdictions to establish Entertainment Zones that permit the consumption of alcoholic beverages within designated public areas during specified days and hours, subject to local ordinance and oversight by the California Department of Alcoholic Beverage Control; and WHEREAS, Senate Bill 969, effective January 1, 2025, clarified and expanded the authority of cities to establish Entertainment Zones by ordinance and to define zone boundaries, days and hours of operation, permitted beverage types, and operational requirements; and
WHEREAS, the Downtown area of the City of Porterville serves as a focal point for community civic events, festivals, and cultural programming that support local businesses and promote economic vitality; and
WHEREAS, the City Council desires to establish a structured and legally compliant framework to allow limited outdoor consumption of beer and wine during approved community civic events while maintaining public safety and local control; and WHEREAS, Chapter 15.20 of the Porterville Municipal Code regulates community civic events, parades, and other activities that require heightened public safety oversight; and
WHEREAS, the City Council desires to establish a Downtown Entertainment Zone as a regulated activity within Chapter 15.20, consistent with existing permitting, enforcement, and public safety frameworks; and
WHEREAS, the City Council has reviewed and approved the Downtown Entertainment Zone Operating Standards, which define the operational rules, enforcement mechanisms, and safety requirements for the Entertainment Zone; and WHEREAS, the City Council finds that establishing a Downtown Entertainment Zone is consistent with State law and the City’s economic development and downtown revitalization goals.

NOW, THEREFORE, BE IT ORDAINED: THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

Page 2 of 6 ends

SECTION 1. Chapter 15.20 Amended
Chapter 15.20 of the Porterville Municipal Code is hereby amended to add a new subsection to read as follows:

15.20 H. Entertainment Zones:

1. Definitions: The following definitions apply in this subsection:
“ABC” means the California Department of Alcoholic Beverage Control. “Alcoholic beverage” has the same meaning as set forth in California Business and Professions Code section 23004.
“City Manager” means the City Manager or designee.
“Entertainment zone” has the same meaning as set forth in California Business and Professions Code section 23039.5.
“Entertainment zone event” means a City-approved community civic event during which limited consumption of alcoholic beverages is permitted within an entertainment zone. “Management plan” means the Downtown Entertainment Zone Operating Standards adopted by the City Council.
“Open container” means any bottle, can, cup, or other receptacle that is open or has been opened and contains any alcoholic beverage.

2. Entertainment Zone Controls:
a. No entertainment zone event may occur without issuance of a valid community civic event permit and any other approvals required by the City. b. Alcohol service and consumption within an Entertainment Zone shall comply with the Operating Standards, including the alcohol management and service requirements contained therein, as approved by the City Council. c. Authorization of an entertainment zone event does not exempt any person from compliance with:

1. Applicable provisions of Chapter 15.20;

2. California Business and Professions Code;

3. ABC licensing and permitting requirements; and

4. All conditions imposed by the City.
d. A person may possess and consume an open container of an alcoholic beverage in a public place within an entertainment zone only during an

Page 3 of 6 ends

approved entertainment zone event and only if the alcoholic beverage was purchased from:

1. A premises authorized by ABC to permit off-premises consumption within an entertainment zone pursuant to California Business and Professions Code sections 23357, 23358, or 23396; or

2. A person authorized to sell alcoholic beverages pursuant to an ABC special event permit or license.
e. Nothing in this subsection replaces or supersedes the requirements for a community civic event permit.
f. The City Manager may require the use of nontransferable wristbands to verify age eligibility and compliance with alcohol service requirements.

3. Implementation:
a. The City Manager is authorized to administer and implement this subsection and to establish administrative procedures necessary for its execution.
b. Prior to authorizing an entertainment zone event, the City Manager shall ensure adoption and compliance with a management plan addressing, at a minimum:

1. Age verification and wristband requirements;

2. Container requirements;

3. Hours of operation;

4. Insurance and indemnification;

5. Security, crowd control, and cleanup; and

6. Enforcement procedures.
c. The City Manager may impose event-specific conditions or revoke authorization to protect public health, safety, or welfare.

4. Downtown Entertainment Zone Established:

Pursuant to California Business and Professions Code sections 23039.5 and 25690, the City Council hereby establishes the following entertainment zone:

Downtown Entertainment Zone: Main Street between Olive Avenue and Morton Avenue, including adjacent sidewalks and public rights-of-way.

5. Hours of Operation:

Page 4 of 6 ends

An entertainment zone event may occur only between the hours of 10:00 a.m. and 11:59 p.m., subject to any additional limitations imposed by:
a. An ABC permit or license;
b. The management plan; or
c. The community civic event permit.

Nothing herein requires an entertainment zone event to operate until 11:59 p.m.; event hours may be further limited by the management plan or community civic event permit.

6. Permitted Alcoholic Beverages and Containers:
a. Alcoholic beverages permitted within the entertainment zone are limited to beer and wine only.
b. Distilled spirits and mixed alcoholic beverages are prohibited. c. Alcoholic beverages shall be served and consumed only in City-approved paper or plastic cups, not exceeding sixteen (16) ounces.
d. Glass, metal, aluminum, or hard plastic containers are prohibited.

Nothing in this subsection authorizes the service or consumption of distilled spirits, mixed drinks, or shots within an Entertainment Zone.

7. Insurance and Indemnity Requirements:
a. A. Insurance Requirements
Prior to issuance of a community civic event permit authorizing an entertainment zone event, the permit applicant or sponsoring organization, if different than the applicant, shall submit evidence of commercial general liability insurance, at no cost to the City, that complies with all of the following:

1. Coverage shall be at least as broad as ISO Commercial General Liability Form CG 00 01, provided on an occurrence basis, and shall include bodily injury, including death, property damage, and personal injury;

2. The policy limit per occurrence shall be in an amount determined by the City’s Risk Manager;

3. The policy shall cover all losses and damages arising out of or related to the entertainment zone event;

4. The policy shall be endorsed to name the City, its officers, employees, and agents as additional insureds;

Page 5 of 6 ends

5. The policy shall be endorsed to provide that it is primary insurance and that any insurance maintained by the City shall not be called upon to contribute to a covered loss; and

6. The policy shall include a liquor liability endorsement when alcoholic beverages are served or consumed.
b. Required Coverage
No person shall conduct or allow an entertainment zone event unless the insurance required by this subsection is in full force and effect for the duration of the event.
c. Indemnification
To the fullest extent permitted by law, the special event permittee and participating businesses shall defend, indemnify, and hold harmless the City, its officers, employees, and agents from and against any and all claims, actions, losses, damages, liabilities, costs, and expenses of every type and description, including attorneys’ fees, arising directly or indirectly, in whole or in part, from the acts or omissions of the permittee, participating businesses, or their officers, employees, contractors, or agents, except to the extent caused by the City’s sole negligence or willful misconduct.

8. Fees and Deposits:
a. A ten-dollar ($10) wristband fee may be required for participation in an entertainment zone event, with proceeds deposited into the Downtown Revitalization Fund.
b. Event organizers shall provide a refundable security and cleanup deposit in the amount of five hundred dollars ($500), subject to use and refund as provided in the management plan.

9. Enforcement and Penalties:
a. Violations of this subsection or the management plan are subject to criminal, civil, and administrative enforcement.
b. Violations are declared a public nuisance.

Page 6 of 6 ends

c. Civil penalties may be imposed in amounts not less than $250 and not more than $25,000 for each day the violation continues.
d. Remedies are cumulative.

10. Biennial Review:

Every two years, the City Manager shall review the operation of entertainment zones in consultation with the Police Department and present findings to the City Council. Reports shall be made available to ABC upon request. The City Manager may also conduct an initial review following the first year of implementation and present findings to the City Council.

11. Severability:

If any provision of this ordinance is held invalid, such invalidity shall not affect other provisions.

SECTION 2. Effective Date
This ordinance shall take effect thirty (30) days after its adoption.

PASSED, ADOPTED and APPROVED this _________ day of __________________. 2026 _______________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: __________________________________________
Fernando Gabriel-Moraga
Chief Deputy City Clerk
02/10/2026 Rev. 5
Entertainment Zone Operating Standards
Adopted [Date]

Page 1 of 10 ends

Entertainment Zone Operating Standards

1. Purpose
These Operating Standards establish the rules, conditions, controls, and implementation framework governing the Downtown Entertainment Zone to ensure public safety, responsible alcohol consumption, regulatory compliance, and the protection of public health, safety, and welfare during City-approved community civic events.

2. Definitions
For purposes of these Operating Standards, the following definitions apply:
“Entertainment Zone” means the designated public area in which alcoholic beverages may be consumed in accordance with City ordinance and these Operating Standards. “Entertainment Zone Event” means a City-approved community civic event during which the Entertainment Zone is activated.
“Participating Business” means a business that has met the requirements of these Operating Standards and has opted in to participate for a specific event. “Event Organizer” means the individual or entity responsible for coordinating an approved civic event that activates the Entertainment Zone. “City” means the City of Porterville, including the City Manager or designee.

3. Entertainment Zone Controls

1. No person shall conduct an Entertainment Zone event without obtaining a community civic event permit issued by the City Council of the City of Porterville.
02/10/2026 Rev. 5
Entertainment Zone Operating Standards
Adopted [Date]

Page 2 of 10 ends

2. The issuance of a community civic event permit for an Entertainment Zone event does not excuse a person selling alcoholic beverages from complying with applicable state and local laws and regulations, including the following:

1. ABC License and permitting requirements;

2. California Business and Professions Code sections 23357, 23358, and 23396;

3. All other laws governing the sale and consumption of alcoholic beverages;

4. Special event permit conditions

3. A person may possess an open container and consume an alcoholic beverage on any public street, sidewalk, or public right-of-way within an Entertainment Zone during an Entertainment Zone event if the open container or alcoholic beverage was purchased from either:

1. A premises that is authorized to permit consumers to leave the premises with open containers for consumption off the premises within an Entertainment Zone, pursuant to California Business and Professions Code section 23357, 23358, or 23396; or

2. A person that is authorized by an ABC special event permit or license to sell alcoholic beverages within the Entertainment Zone.

4. Nothing in these Operating Standards shall be construed to expand or modify the scope of any license issued by the California Department of Alcoholic Beverage Control.

5. Entertainment Zone Implementation
Implementation of the Downtown Entertainment Zone shall be administered by the City Manager or designee, in coordination with the Police Department and other applicable departments.

Implementation responsibilities include, but are not limited to:
• Reviewing and approving Entertainment Zone Event activations; • Coordinating with event organizers and participating businesses; • Ensuring compliance with these Operating Standards, the Downtown Entertainment Zone ordinance, and applicable laws;
02/10/2026 Rev. 5
Entertainment Zone Operating Standards
Adopted [Date]

Page 3 of 10 ends

• Establishing administrative procedures, forms, management plans, or checklists as necessary; and
• Coordinating enforcement and conducting post-event evaluations.

6. Zone Boundaries
The Downtown Entertainment Zone is limited to the public right-of-way and publicly accessible areas located on Main Street between Olive Avenue and Morton Avenue.

Alcoholic beverage consumption pursuant to these Operating Standards is prohibited outside of the defined zone boundaries.

7. Days and Hours of Operation
An Entertainment Zone Event may occur only during City-approved community civic events and only between the hours of 10:00 a.m. and 11:59 p.m., subject to any additional limitations imposed by one or more of the following:

A. An applicable ABC permit or license;
B. These Operating Standards or any event-specific management plan approved by the City; or
C. The special event permit issued for the Entertainment Zone Event.

Nothing herein requires an Entertainment Zone Event to operate until 11:59 p.m.; event end times shall be established through the Community Civic Event permit process.

Alcohol consumption within the Downtown Entertainment Zone is prohibited outside of approved events and outside of the authorized hours established for the specific event.

8. Permitted Alcoholic Beverages
The following alcoholic beverages are permitted for consumption within the Downtown Entertainment Zone, subject to all applicable ABC regulations and license conditions:
• Beer
• Wine
02/10/2026 Rev. 5
Entertainment Zone Operating Standards
Adopted [Date]

Page 4 of 10 ends

Distilled spirits, mixed drinks, and shots are prohibited. All alcoholic beverages must be purchased from a participating business and served in accordance with these Operating Standards and State law.

9. Alcohol Management Plan
To promote public safety and responsible alcohol consumption, each Entertainment Zone Event shall comply with the following Alcohol Management Plan requirements.

These requirements are in addition to, and do not replace, any applicable requirements imposed by the California Department of Alcoholic Beverage Control (ABC).

Responsible Beverage Service (RBS) Certification
All on-sale alcohol servers and their managers participating in an Entertainment Zone Event shall comply with California Responsible Beverage Service (RBS) training requirements. RBS certification is required for all individuals involved in the sale, service, or delivery of alcoholic beverages, including but not limited to bartenders, servers, cashiers, security personnel, bouncers, and any individual responsible for checking identification or distributing alcoholic beverages.

RBS certification shall be obtained within sixty (60) days of hiring, as required by State law, and proof of current certification shall be made available to the City upon request.

Server Requirements
Alcoholic beverages may only be served by individuals who are twenty-one (21) years of age or older.

Servers shall not consume alcoholic beverages while working or while serving alcoholic beverages at an Entertainment Zone Event.

Service Limits
No individual shall be served more than two (2) alcoholic beverages at a time. All participating businesses and servers shall comply with applicable California Department of Alcoholic Beverage Control requirements, including the obligation to refuse service to any person who appears intoxicated.

For purposes of these Operating Standards, one standard drink shall be defined as:
02/10/2026 Rev. 5
Entertainment Zone Operating Standards
Adopted [Date]

Page 5 of 10 ends

• Twelve (12) or sixteen (16) ounces of beer; or
• Five (5) ounces of wine.

These definitions are provided for service-limit purposes only and do not modify applicable ABC regulations.

Service Timing
Alcohol service shall end no later than thirty (30) minutes prior to the scheduled end time of the Entertainment Zone Event.

The City Manager or designee may establish event-specific start and end times for alcohol service that are more restrictive than the overall event hours when necessary to protect public health and safety.

Non-Alcoholic Beverages
Event organizers and participating businesses shall ensure that non-alcoholic beverages and water are readily available to attendees throughout the duration of the Entertainment Zone Event.

10.Approved Containers
Alcoholic beverages shall be served only in paper or plastic cups that are clearly distinguishable from non-alcoholic beverage containers. Glass, metal, or hard plastic containers are strictly prohibited.

11.Participant Identification and Wristbands
• All individuals consuming alcoholic beverages must be 21 years of age or older.
• Participants must wear an event-issued wristband verifying age eligibility while consuming alcoholic beverages within the Entertainment Zone. • Wristbands are non-transferable and must be worn at all times while consuming alcoholic beverages.
• Any individual found wearing a wristband that has been transferred, altered, or not visibly worn as required may be subject to enforcement action pursuant to the Law Enforcement Oversight section of these Operating Standards. 02/10/2026 Rev. 5
Entertainment Zone Operating Standards
Adopted [Date]

Page 6 of 10 ends

Wristband Fee
Each Entertainment Zone wristband shall be subject to a fee of ten dollars ($10) per wristband.

All wristband fees shall be deposited into the Downtown Revitalization Fund and may be used for purposes including, but not limited to:
• Downtown beautification and placemaking efforts;
• Event-related infrastructure, amenities, and signage; • Public safety and operational support for downtown events; and • Other downtown revitalization initiatives as determined by the City.

The City Manager or designee may establish procedures for wristband distribution, accounting, and fee collection.

12.Participating Business Requirements
Participation is voluntary and subject to revocation.

Participating businesses must:

1. Hold a valid ABC on-sale license authorizing the sale of the alcoholic beverages offered;

2. Be located within or immediately adjacent to the Downtown Entertainment Zone, as determined by the City Manager or designee;

3. Opt in for each approved event;

4. Comply with all applicable ABC regulations, license conditions, State law, and these Operating Standards;

5. Serve alcoholic beverages only during authorized hours and only in approved containers; and

6. Refuse service to intoxicated persons.

Nothing in these Operating Standards or the Downtown Entertainment Zone ordinance authorizes a participating business to sell or allow alcoholic beverages to leave its premises except as expressly permitted under State law, the business’s ABC license, and any required ABC approvals.

Nothing in these Operating Standards requires an event organizer to activate an Entertainment Zone, nor requires any business to participate in an Entertainment Zone Event.
02/10/2026 Rev. 5
Entertainment Zone Operating Standards
Adopted [Date]

Page 7 of 10 ends

11. Law Enforcement Oversight
The Entertainment Zone shall operate under the oversight of the City Police Department or other designated enforcement authority. Violations of these Operating Standards or applicable law may result in enforcement action, including but not limited to removal from the Entertainment Zone, citation, arrest, or revocation of participation privileges.

Law enforcement actions under this section are independent of, and in addition to, any civil or administrative penalties authorized under these Operating Standards or applicable law.

12. Prohibition on Outside Alcohol
Alcoholic beverages consumed within the Entertainment Zone must be purchased from a participating business. Outside or carry-in beverages are prohibited.

13. Event Organizer Responsibilities and Refundable Deposit Event organizers shall coordinate zone activation with the City and shall provide adequate security and crowd control, including licensed security personnel when required by the City, along with cleanup, signage, and operational coordination.

Refundable Security and Cleanup Deposit
Prior to activation of an Entertainment Zone Event, the event organizer shall provide a refundable security and cleanup deposit in the amount of five hundred dollars ($500).

The deposit may be used, in whole or in part, to cover costs incurred by the City related to:

Damage to public property;
• Additional cleaning, trash removal, or maintenance required beyond normal City services; or
• Failure to comply with cleanup or operational requirements set forth in these Operating Standards.
• Any unused portion of the deposit shall be refunded to the event organizer following post-event inspection and confirmation that no additional costs were incurred.
02/10/2026 Rev. 5
Entertainment Zone Operating Standards
Adopted [Date]

Page 8 of 10 ends

The City Manager or designee is authorized to establish administrative procedures for collection, use, and refund of the deposit.

The deposit shall be submitted prior to issuance of final event approval.

14. Cleanup and Maintenance
Event organizers and participating businesses are jointly responsible for cleanliness during and after each event. Failure to adequately clean the zone may result in denial of future activations.

15. Signage
Clear signage, provided by the event organizer, shall identify zone boundaries, approved operating hours, age requirements, container rules, and the prohibition on outside alcohol.

16. Insurance and Indemnity Requirements
A. Insurance Requirements
Prior to issuance of a special event permit for an Entertainment Zone Event, the permit applicant or sponsoring organization, if different than the applicant, shall submit evidence of commercial general liability insurance, at no cost to the City, meeting all of the following requirements:

1. Coverage shall be at least as broad as ISO Commercial General Liability Form CG 00 01, provided on an occurrence basis, and shall include bodily injury (including death), property damage, and personal injury;

2. The policy limit per occurrence shall be in an amount determined by the City’s Risk Manager;

3. The policy shall cover all losses and damages described in subsection C of this section;

4. The policy shall be endorsed to name the City, its officers, employees, and agents as additional insureds;

5. The policy shall be endorsed to provide that it is primary insurance and that any insurance maintained by the City shall not be called upon to contribute to a covered loss; and

6. The policy shall include a liquor liability endorsement, when alcohol is served or consumed.
02/10/2026 Rev. 5
Entertainment Zone Operating Standards
Adopted [Date]

Page 9 of 10 ends

B. Required Coverage
No person shall conduct an Entertainment Zone Event unless the insurance required by this section is in full force and effect for the duration of the event.

C. Indemnification
To the fullest extent permitted by law, the special event permittee and participating businesses shall defend, indemnify, and hold harmless the City, its officers, employees, and agents from and against any and all claims, actions, losses, damages, liabilities, costs, and expenses of every type and description, including attorneys’ fees, arising directly or indirectly, in whole or in part, from the acts or omissions of the permittee or participating businesses, or their officers, employees, contractors, or agents, except to the extent caused by the City’s sole negligence or willful misconduct.

17. Violations and Penalties
A. General
In addition to any other remedy allowed by law, any person who violates any provision of these Operating Standards or the Downtown Entertainment Zone ordinance is subject to criminal sanctions, civil actions, and administrative penalties as provided by applicable provisions of the City’s Municipal Code.

B. Public Nuisance
Any violation of these Operating Standards is hereby declared to be a public nuisance.

C. Civil Penalties
Any person who violates a provision of these Operating Standards shall be liable for civil penalties of not less than two hundred fifty dollars ($250) and not more than twenty-five thousand dollars ($25,000) for each day the violation continues, as determined by the City.
02/10/2026 Rev. 5
Entertainment Zone Operating Standards
Adopted [Date]

Page 10 of 10 ends

D. Cumulative Remedies
All remedies prescribed under these Operating Standards are cumulative, and the election of one or more remedies does not bar the City from pursuing any other remedy to enforce these Operating Standards.

18. Biennial Review
Every two years, the City Manager shall review the operation of the Downtown Entertainment Zone to ensure that the zone is being maintained in a manner that protects the health and safety of the general public.

This review shall be conducted in consultation with the Police Department. The City Manager shall present the findings to the City Council, and any reports produced during the review shall be made available to the California Department of Alcoholic Beverage Control upon request.

Notwithstanding the foregoing, the City Manager may conduct an initial review following the first year of implementation and present findings to the City Council as appropriate.

19. Compliance with Other Laws
Compliance with these Operating Standards does not excuse compliance with any other applicable law, permit, or regulation.

20. Modification or Suspension
The City Manager or designee may modify, suspend, or terminate Entertainment Zone activation for any event due to public safety concerns, violations, or unforeseen conditions.

← All documents from this meeting