A. Upon being issued a permit pursuant to this article for a going out of business sale or removal of business sale, the permittee shall surrender concurrently to the Director of Planning and Engineering each business license the permittee may hold at that time applicable to the business location covered by the application for a permit under this article, if the sale is advertised or conducted in a manner calculated to convey to the public the belief that the business will cease to be conducted at that location upon the disposal of the goods to be placed on sale.
B. It shall be unlawful for any person to whom a closeout sale permit is issued to engage in a business of similar nature at the same location for a period of one year following the closing date of the sale. (Ord. 1324, 12-18-1984; Ord. XXXX, [date].) 15-25.3: APPLICATION FOR LICENSE:
A. Any person desiring to conduct a "going out of business sale" or a "removal of business sale", as defined in this chapter, shall make a written application to the collector setting forth and containing the following information:
1. The true name and address of the owner of the goods to be subject of the sale;
2. The true name and address of the person from whom he purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition;
3. A description of the place where such sale is to be held;
4. The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy;
5. The dates of the period of time in which the sale is to be conducted;
6. A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted;
7. The means to be employed in advertising such sale, together with the proposed context of any advertising;
8. A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's records; said inventory shall be attached to and become a part of the required application;
9. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders, without cancellation privileges, and shall not comprise goods purchased on consignment. Such inventory shall not include goods ordered in contemplation of conducting a going out of business sale or a removal of business sale. Any unusual purchase or additions to the stock of goods of the business hereby effected within sixty (60) days before the filing of an application hereunder shall be deemed to be of such character.
B. In the event of delay of construction of a new facility or remodeling of a facility into which the business is to be relocated, which delay is not the fault of the licensee, new merchandise ordered after the application for removal of business sale may be offered for sale and excluded from this restriction. (Ord. 1324, 12-18-1984) 15-25.4: LICENSE ISSUANCE:
The collector shall issue a license for a going out of business sale or a removal of business sale after all requirements of this article have been met. The license shall authorize the sale described in the application for a period of not more than forty-five (45) consecutive days, following the issuance thereof for a going out of business sale and for a period of not more than ninety (90) consecutive days following the issuance thereof for a removal of business sale. (Ord. 1324, 12-18-1984)
15-25.5: LICENSE RENEWAL:
The collector shall renew a license for one period of time only, such period to be in addition to the time permitted in the original license and not to exceed forty-five (45) consecutive days, when he ascertains:
A. The facts existing justify the renewal;
B. That the licensee has filed an application for renewal; C. That the licensee has submitted with the application for renewal a revised inventory showing the items on the original inventory remaining unsold and not listing any goods not included in the original application and inventory. (Ord. 1324, 12-18-1984) 15-25.6: PENALTIES:
Any person who shall hold, conduct or carry on a "going out of business sale" or a "removal of business sale" as defined in this chapter, without securing a license as herein provided, shall be guilty of a misdemeanor. (Ord. 1324, 12-18-1984) 15-25.7: REVOCABILITY OF LICENSE:
The collector may revoke any going out of business sale or removal of business sale license when any regulations set forth in this article are violated. Said revocation may be appealed to the city council as set forth in subsection 15-13A of this chapter. (Ord. 1324, 12-18-1984) 15-25.8: APPEALS:
Any person aggrieved by any decision of the collector with respect to the issuance or refusal to issue such license may appeal to the council by filing a notice of appeal with the clerk of the council. The council shall thereupon fix a time and place for hearing such appeal. The clerk of the council shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States post office at Porterville, California, postage prepaid, addressed to such person at his last known address. The council shall have authority to determine all questions raised on such appeal.
No such determination shall conflict with any substantive provision of this article. (Ord. 1324, 12-18- 1984)
15-25.9: REGULATIONS:
A. Established Business Requisite: No license shall be granted to any person who has not been the bona fide owner of a business advertised or described in the application for a license hereunder for a period of at least twelve (12) months prior to the date of the proposed sale.
B. Restricted Location: Where a person applying for a license hereunder operates more than one place of business, the license issued shall apply only to the one store or branch specified in the application; and no other store or branch shall advertise or represent that it is cooperating with or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with or participating in any way in the licensed sale.
C. Operation At Other Than Fixed Premises: Any licensee transacting and carrying on business, but not operating at a fixed place of business in the city, shall keep the license upon his person at all times while transacting and carrying on such business. (Ord. 1324, 12-18-1984)
15-25.10: LICENSE TAX:
A. Going Out Of Business Sale: The sum of fifty dollars ($50.00) for a period of not more than forty five (45) days; and a renewal fee of one hundred dollars ($100.00) for one additional forty five (45) day period.
B. Removal Of Business Sale: The sum of five dollars ($5.00) for a period of not more than ninety (90) days; and a renewal fee of ten dollars ($10.00) for one additional forty five (45) day period. (Ord. 1324, 12-18-1984)
ARTICLE IV. RESERVED
(Rep. by Ord. 1702 § 2, 8-15-2006)
ARTICLE V. LICENSES AND REGULATION OF SEXUALLY ORIENTED
BUSINESSES
SECTION:
15-40: Prohibited Uses, Conduct And Activities
15-41: Purpose And Intent
15-42: Classifications Of Sexually Oriented Businesses
15-43: Definitions
15-44: Permit Required
15-45: Application For Permit
15-46: Continuing Permit Obligations
15-47: Filing Of Completed Application
15-48: Issuance Of Permit
15-49: Processing Completed Application
15-50: Notification Of Permit Denial; Subsequent Application 15-51: Annual Permit Fee
15-52: Inspection
15-53: Administrative And Judicial Review Or Permit Denial, Suspension Or Revocation
15-54: Transfer Of Permit
15-55: Registration Of New Employees/Independent Contractors 15-56: Business License Required
15-57: Business Operations
15-58: Prohibitions Regarding Minors And Sexually Oriented Businesses 15-59: Display Regulations
15-60: Additional Requirements
15-61: Exemptions
15-62: Criminal Penalties And Additional Legal, Equitable, And Injunctive Relief
15-63: Suspension Or Revocation Of Permit
15-64: Immunity From Prosecution
15-65: Severability
15-40: PROHIBITED USES, CONDUCT AND ACTIVITIES:
A. One of the important purposes of the regulations set forth in this article is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this article shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:
1. Receipt of money for placement of person for purposes of cohabitation (Penal Code § 266d).
2. Purchase of person for purposes of prostitution or placement of person for immoral purposes (Penal Code § 266e).
3. Sale of person for immoral purposes (Penal Code § 266f).
4. Pimping (Penal Code § 266h).
5. Pandering (Penal Code § 266i).
6. Lewd or obscene conduct (Penal Code § 314).
7. Houses of ill fame (Penal Code § 315).
8. Disorderly houses which disturb the immediate neighborhood (Penal Code § 316).
9. Places of prostitution (Penal Code § 317).
10. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code § 11225).
B. Nothing in this article shall be interpreted to permit or permit any use, conduct, and/or activity which violates any federal, state or local law or regulation.
C. A sexual encounter establishment is not a permitted use. For purposes of these regulations, a "sexual encounter establishment" means any business or commercial establishment that as one of its important business purposes offers for any form of consideration a place where two (2) or more persons may congregate, associate, or consort for the purpose of specified sexual activities when one or more of the persons in the establishment is in a state of nudity or where two (2) or more persons may congregate, associate, or consort for the purpose of the exposure of specified anatomical areas where one of the patrons of the establishment is in a state of nudity or state of seminudity. The definition of "sexual encounter establishment" shall not include an establishment where a medical practitioner, physiologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy. (Ord. 1600 § 1, 5-1-2001)
15-41: PURPOSE AND INTENT:
It is the purpose and intent of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material. (Ord. 1600 § 1, 5-1- 2001)
15-42: CLASSIFICATIONS OF SEXUALLY ORIENTED BUSINESSES:
The following uses and/or activities shall be classified as "sexually oriented businesses":
A. Adult arcades.
B. Adult bookstores, adult novelty stores, and adult video stores.
C. Adult cabarets.
D. Adult motels.
E. Adult motion picture theaters.
F. Adult theaters.
G. Adult model studios. (Ord. 1600 § 1, 5-1-2001)
15-43: DEFINITIONS:
For purposes of this article, certain words and phrases are defined as follows:
EMPLOYEE: A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
ESTABLISHMENT: Means and includes any of the following:
A. The opening or commencement of any such business as a new business; B. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this article; C. The addition of any of the sexually oriented businesses defined in this article to any other existing sexually oriented business; or
D. The relocation of any such sexually oriented business; or E. The substantial enlargement of any such sexually oriented business.
NUDITY OR STATE OF NUDITY: a) The appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.
OPERATOR: The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
PERMITTED OR UNLICENSED PREMISES: Any premises that requires a license and/or permit and that is classified as a sexually oriented business.
PERMITTEE AND/OR LICENSEE: A person in whose name a permit and/or license to operate a sexually oriented business has been issued as well as the individual listed as an applicant on the application for a permit and/or license.
PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
PUBLIC BUILDING REGULARLY FREQUENTED BY CHILDREN: Any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodians.
PUBLIC PARK OR RECREATION AREAS: Public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.
RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities, as identified on the latest equalized tax assessment roll.
SCHOOL: Any public or private educational facility including, but not limited to, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities.
School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breasts, as well as portions of the body covered by supporting straps and devices.
SENSITIVE USE: Any cemetery; religious institution; school; public building regularly frequented by children; public park; or boys' club, girls' club, or similar youth organization.
SEXUALLY ORIENTED BUSINESSES: Those businesses defined as follows:
Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult Bookstore, Adult Novelty Store Or Adult Video Store: A commercial establishment which:
a) has a significant or substantial portion of its stock in trade; or b) derives a significant or substantial portion of its revenues; or c) devotes a significant or substantial portion of its interior floor or display space; or
d) devotes a significant or substantial part of its business activities or employees' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides or other visual representatives which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
C. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
Adult Cabaret: A nightclub, bar, restaurant, "bottle club", or similar commercial establishment, which regularly features:
a) seminude persons or live performances which are characterized by the exposure of specified anatomical areas, or by specified sexual activities; or b) films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult Model Studio: Any place where a person appears seminude or who displays specified anatomical areas or who engages in specified sexual activities is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three (3) days in advance of the class, and where no more than one nude model is on the premises at any one time.
Adult Motel: A motel, hotel or similar commercial establishment which:
a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right of way or by means of any off remises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
b) offers a sleeping room for rent for a period of time less than ten (10) hours; or
c) allows a tenant or occupant to rent or subrent the sleeping room for a time period of less than ten (10) hours.
Adult Motion Picture Theater: Commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features seminude persons or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
Regularly Features Or Regularly Shown: With respect to an adult cabaret, adult theater, or adult motion picture theater means a regular and substantial course of conduct. The fact that a live performance or film which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities is exhibited on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
Significant Or Substantial Portion: Such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that twenty five percent (25%) or more of its revenue is derived from such sexually oriented activities or materials, or that twenty five percent (25%) or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that twenty five percent (25%) or more of its actual stock in trade regularly displayed and immediately available for se, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in this section 15-43, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses.
SPECIFIED ANATOMICAL AREAS: As used in this article, means and includes any of the following:
A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: As used in this article, means and includes any of the following:
A. The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated;
D. Human genitals in a state of sexual stimulation, arousal or tumescence; E. Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: An increase in the floor areas occupied by the business as the floor areas existed on the effective date of this article.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS:
Means and includes any of the following:
A. The sale, lease or sublease of the business.
B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means. (Ord. 1600 § 1, 5-1-2001) 15-44: PERMIT REQUIRED:
No person shall operate, maintain, manage or conduct a sexually oriented business without a valid sexually oriented business permit issued by the city for the particular type of sexually oriented business. Any sexually oriented business in operation on the effective date hereof shall have thirty (30) days from the effective date to apply to the city of Porterville for a sexually oriented business license under the provisions of this article. (Ord. 1600 § 1, 5-1- 2001)
15-45: APPLICATION FOR PERMIT:
A. The city's designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses.
B. The city's designee shall be the city manager, or any other officer or employee designated in writing by the city manager to deal with the provisions of this article.
C. A completed application shall contain the following information and shall be accompanied by the following documents:
1. If the applicant is:
a. An individual, the individual shall state his/her legal name, any aliases, and date of birth;
b. A partnership, the partnership shall state its complete name and the names of all general partners;
c. A corporation, the corporation shall state its complete name, the names and capacity of all officers, directors and the name and address of the registered corporate agent for service of process.
2. If the applicant intends to operate the sexually oriented business under a name other than that on the application, he/she must state the sexually oriented business's fictitious name.
3. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has had a previous permit under this article, or any other similar sexually oriented business ordinance of the city, denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.
4. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has been a sole proprietor, general partner, officer, a director of a sexually oriented business that has had a previous permit under this article, or any other similar sexually oriented business ordinance of the city denied, suspended or revoked by the city, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well.
5. The name(s) of the responsible person(s) who will be on the premises to act as manager during the times that the business is open, or a statement that the applicant has not yet selected the manager(s).
6. The classification, as defined in this article, of sexually oriented business for which the applicant is seeking a permit.
7. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s) currently in service.
8. The applicant's address.
9. A recent photograph of the applicant.
10. The applicant's driver's license number or permit number or identification number and social security number and/or the applicant's state or federally issued tax identification number.
11. A clearly legible sketch or diagram showing the configuration of the premises and all improvements to the site including, parking, landscaping, sign configuration and location and outdoor lighting, including a statement of total floor space and its purpose, occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6").
12. A radius map prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the sexually oriented business, and:
a) the property lines of any other sexually oriented business within six hundred feet (600') of the property line of the sexually oriented businesses for which a permit is requested; and b) the property lines of any sensitive use within one thousand feet (1,000') of the property line of the sexually oriented business for which a permit is requested.
13. A diagram of the off street parking areas and premises entries of the sexually oriented business showing the location of the lighting system required pursuant to this article.
14. Each individual listed on the application pursuant to subsection C1 of this section, excluding any agent for service of process who is not also listed as a director or officer, shall sign the application. If the applicant is a corporation, its authorized representative may sign the application on behalf of the corporation upon submission of proof of such authorization.
15. The applicant's fingerprint on a form approved by the city's police department.
D. The applicant shall be required to pay a nonrefundable application fee as set forth by resolution at the time of filing an application pursuant to this article. (Ord. 1600 § 1, 5-1- 2001)
15-46: CONTINUING PERMIT OBLIGATIONS:
A. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.
B. By applying for a permit under this article, the applicant shall be deemed to have consented to the provisions of this article and to the exercise by the city or its designee, the police chief's office, and all other city departments charged with enforcing the laws, ordinances and codes applicable in the city, of their respective responsibilities under this article.
C. An operator shall promptly update, correct or supplement the information contained in the application for a sexually oriented business permit on file with the city as necessary to keep the information contained therein accurate. (Ord. 1600 § 1, 5-1-2001) 15-47: FILING OF COMPLETED APPLICATION:
A. Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city or its designee shall immediately stamp the application as received on that date.
B. If the city designee determines that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the city designee shall, within fifteen (15) days of receipt of the original application, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time, twenty (20) days or less, to submit a complete application. In addition, the applicant may request an extension, not to exceed fifteen (15) days, of the time for the city designee to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time. (Ord. 1600 § 1, 5-1-2001) 15-48: ISSUANCE OF PERMIT:
Within thirty (30) business days of receipt of a completed application, the city shall issue a sexually oriented business permit, which will be deemed to have been approved as of the date the application was filed for the purpose of determining the proper location of the business, upon verification of the following facts:
A. The location of the business complies with all applicable zoning laws.
B. The configuration of the premises, as set out in the sketch or plan submitted with the application, does not reveal any violation of applicable health, zoning, fire and safety laws of the state of California and ordinances of the city of Porterville applicable thereto, including those set out in this article.
C. The applicants or individuals identified therein, excluding any agent for service of process who is not also listed as a director or officer, are not otherwise disqualified from lawful operation of a sexually oriented business pursuant to any state, county, federal or local law, including those set out in this article.
D. The applicant is eighteen (18) years of age or older.
E. The applicant has provided all information required by this article, none of which is known to the city to be incorrect.
F. The application or permit fees required by this article have been paid.
G. Applicant has no prior conviction of sexually related convictions listed in subsection 15-40A of this article. (Ord. 1600 § 1, 5-1-2001)
15-49: PROCESSING COMPLETED APPLICATION:
The city, or its designee, shall grant or deny a completed application for a permit within thirty (30) business days from the date of receipt by the city of a complete application. Upon the expiration of the thirtieth day, unless the city or its designee has given written notice to the applicant, the application shall be deemed granted and the operator shall be excused from the requirement that a duly issued permit be posted at the premises until such time as said permit is issued pursuant to this section. (Ord. 1600 § 1, 5-1-2001) 15-50: NOTIFICATION OF PERMIT DENIAL; SUBSEQUENT APPLICATION:
If the city or its designee denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial. Any subsequent application which has been supplemented to cure the grounds for prior denial shall be treated as a new application. (Ord. 1600 § 1, 5-1-2001)
15-51: ANNUAL PERMIT FEE:
A. The annual fee for a sexually oriented business permit is set forth by resolution, to partially offset the costs of monitoring and policing the operation of the business entities involved.
B. The city council hereby determines that the actual cost of monitoring and policing each such business is at least that amount.
C. Said fee shall be due yearly on the anniversary of the issuance of the permit and shall be deemed delinquent thirty (30) days thereafter. (Ord. 1600 § 1, 5-1-2001) 15-52: INSPECTION:
Every operator shall permit representatives of the city and/or police, fire or health departments to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business. (Ord. 1600 § 1, 5-1-2001)
15-53: ADMINISTRATIVE AND JUDICIAL REVIEW OR PERMIT DENIAL, SUSPENSION OR REVOCATION:
A. Administrative Appeal To City Council: After denial of an application or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action through the city council by filing a written appeal within ten (10) calendar days of the action. The council shall promptly set an administrative hearing in accordance with the provisions of section 15-13 of this chapter.
B. Expedited Review Of Free Speech Claims: An administrative appeal shall be heard and decided at the next regularly scheduled city council meeting when the written request for an administrative appeal alleges that the administrative action constitutes a violation of the applicant or permittee's state or federal constitutional rights to free speech, press or expression. If affirmed by the city council, the administrative action is subject to prompt review by the superior court for the state of California, in and for the county of Tulare, pursuant to California Code of Civil Procedure section 1094.8. Additionally, the applicant or permittee may seek a temporary or preliminary injunction, stay of the administrative action pending judicial review and/or a permanent injunction or declaratory relief. (Ord. 1600 § 1, 5-1-2001)
15-54: TRANSFER OF PERMIT:
A. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.
B. A permittee shall not transfer his/her permit to another person unless and until such other person satisfies the following requirements:
1. Obtains an amendment to the permit from the city or its designee, which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the city or its designee, setting forth the information called for under subsection 15-45C of this article in the application; and
2. Pays a transfer fee of fifty percent (50%) of the annual permit fee set by resolution.
C. No permit may be transferred during the pendency of administrative procedures following notice by the city or its designee to the permittee that suspension or revocation proceedings have been or will be brought against the permittee, until such proceedings have been completed, withdrawn or otherwise canceled.
D. Permittee shall not transfer a permit whether directly or indirectly in violation of this section. Such a transfer is hereby declared void, and the permit shall be considered abandoned and shall automatically revert to the city. (Ord. 1600 § 1, 5-1-2001) 15-55: REGISTRATION OF NEW EMPLOYEES/INDEPENDENT
CONTRACTORS:
A. As a further condition of approval of every sexually oriented business permit issued pursuant to this article, every owner or operator shall register every employee or independent contractor working on its premises with the police department within five (5) business days of the commencement of the employee's period of employment at the sexually oriented business.
B. Each employee/independent contractor shall be required to provide two (2) recent color passport quality photographs and shall allow himself or herself to be fingerprinted by the police department for purposes of identification. In addition, each new employee/independent contractor shall provide the following information on a form provided by the police department:
1. Name, current resident address, telephone number.
2. Date of birth.
3. Social security number.
4. Height, weight, color of eyes and hair.
5. Stage name (if applicable) and other aliases used within the previous two (2) years.
C. The information provided for purposes of this section shall be maintained by the police department as confidential information and shall not be disclosed as public records unless pursuant to an order issued by a court of competent jurisdiction.
D. Each owner or operator of a sexually oriented business shall maintain a current register of 0names of all employees and independent contractors currently employed by or working at the sexually oriented business, and shall disclose such registration for inspection by any designated city representative for purposes of determining compliance with this section.
E. Failure to register each new employee/independent contractor within five (5) days of commencement of employment, or to maintain a current register of the names of all employees, shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit. (Ord. 1600 § 1, 5-1-2001) 15-56: BUSINESS LICENSE REQUIRED:
In addition to any licenses or permits required by this article, sexually oriented businesses shall secure a semiannual business license as prescribed by section 15-23 of this chapter.
Such licenses shall be calculated based on gross receipts. (Ord. 1600 § 1, 5-1-2001) 15-57: BUSINESS OPERATIONS:
A. Visibility:
1. The entire interior of an adult arcade, adult bookstore, adult novelty store, adult cabaret, adult video arcade, adult model studio, and any nonconforming sexual encounter establishment and the entire concession area of an adult motion picture theater or adult theater, the entire common areas of an adult motel, and the entire exhibition area of an adult motion picture theater or adult theater, shall be visible upon entrance to such areas.
2. Visibility from the entrance shall not be obstructed by any curtain, door, wall, merchandise rack, or any other thing.
3. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained within the sexually oriented business.
4. No patrons shall be permitted access to any area of the premises not visible from the entrance.
5. Customers, patrons or visitors of adult arcades shall be prohibited from standing idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
6. All areas of the sexually oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Area Foot-Candles
Arcades 10
Bookstores and other retail establishments 20
Theatres and cabarets
5 (except during performances, at which times
lighting shall be at least 1.25 foot- candles)
7. All off street parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.
8. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Said notice shall consist of letters no less than one inch (1") in height. No person under the age of eighteen (18) years shall be permitted within the premises at any time.
9. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that no alcoholic beverages are permitted on the premises.
B. Exceptions To Visibility Requirements:
1. Subsection A of this section shall not apply to those areas of a sexually oriented business to which only employees are permitted access and patrons are excluded and which cannot be viewed from any area accessible to patrons.
2. Subsection A of this section shall not apply to a restroom; however, no restroom shall contain any merchandise, materials, product, or service referenced in section 15-43 of this article.
C. Private Viewing Booths Or Rooms:
1. No viewing room or booth of an adult arcade or adult video arcade may be occupied by more than one person at any time.
2. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two (2) such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two (2) such booths or rooms.
3. The floors, seats, walls and other interior portions of all viewing rooms or booths shall be maintained clean and free from waste and bodily secretions.
D. Business Hours: A sexually oriented business shall be open for business only between the hours of nine o'clock (9:00) A.M. on any particular day to two o'clock (2:00) A.M. the next morning.
E. Posting Permit: A valid sexually oriented business permit duly issued pursuant to this article shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at all times.
F. Manager On Duty:
1. There shall be a responsible person on the premises to act as manager at all times during which the business is open.
2. At all times that any patron is present inside the premises, at least one manager shall be situated at a location within the premises so as to allow her/him an unobstructed view of the entire area accessible to patrons. Within those sexually oriented businesses lawfully configured to include more than one open room accessible to patrons, such as an adult theater with both a concession area and an exhibition area, or various common areas of an adult motel, sufficient additional managers shall be present as necessary to allow management personnel to maintain an unobstructed view of all areas accessible to patrons, at all times.
3. Every permittee shall ensure that all employees are familiar with the provisions of this article as amended from time to time and with all other regulations adopted by the city related to sexually oriented businesses.
G. Required Physical Modification To Premises:
1. An operator of a sexually oriented business shall be permitted a reasonable period of time to make modifications to the business premises if such modifications are made necessary by the implementation of the provisions of this article.
2. The reasonable period of time shall normally be thirty (30) days from the effective date hereof to file the appropriate plans and designs with the city, and up to ninety (90) days thereafter for completion of the modifications.
3. Should modifications be so extensive as to reasonably require a longer period of time, the city or its designee may grant a longer period of time for completion of such modifications, in consultation with the city's building officials.
H. Separate Restrooms: The sexually oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to a sexually oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.
I. No Alcohol: No alcoholic beverages shall be served or consumed on the premises of any sexually oriented business. (Ord. 1600 § 1, 5-1-2001) 15-58: PROHIBITIONS REGARDING MINORS AND SEXUALLY ORIENTED BUSINESSES:
It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this article, and knowingly, or with the reasonable cause to know, permits, suffers, or allows:
A. Admittance of a person under eighteen (18) years of age to the business premises; B. A person under eighteen (18) years of age to remain at the business premises; C. A person under eighteen (18) years of age to purchase goods or services at the business premises; or
D. A person who is under eighteen (18) years of age to work at the business premises in any capacity. (Ord. 1600 § 1, 5-1-2001)
15-59: DISPLAY REGULATIONS:
A. No display or exhibit depicting or describing specified sexual activities or specified anatomical areas shall be placed in, on, or at the site of the subject premises in such a manner as to be visible from the exterior of the premises.
B. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Said notice shall consist of letters no less than one inch (1") in height.
C. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicting that no alcoholic beverages are to be served or consumed on the premises. Said notice shall consist of letters no less than one inch (1") in height.
D. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating business's hours of operation.
E. The view of the entrance to any sexually oriented business from outside of the business shall be designed in a manner that obscures the view of the interior of the premises from individuals outside the premises so as to prohibit minors from viewing or seeing any material, conduct or activities which depict, describe or display specified sexual activities or specified anatomical areas. (Ord. 1600 § 1, 5-1-2001) 15-60: ADDITIONAL REQUIREMENTS:
The following additional requirements shall pertain to sexually oriented businesses providing live entertainment depicting seminude persons, specified anatomical areas or involving specified sexual activities:
A. No person shall perform live entertainment for patrons of a sexually oriented business except upon a stage at least eighteen inches (18") above the level of the floor which is separated by a distance of at least ten feet (10') from the nearest area occupied by patrons, and no patron shall be permitted within ten feet (10') of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the sexually oriented business, or any person who with or without any compensation or other form of consideration performs live entertainment for patrons of a sexually oriented business.
B. The sexually oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
C. The sexually oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
D. The sexually oriented business shall provide access for entertainers between the stage and dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum three foot (3') wide walk aisle for entertainers, between the dressing room area and the stage, with a railing, fence or other barrier, separating the patrons and the entertainers, capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
E. No entertainer, either before, during or after performance, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the sexually oriented business.
F. Fixed rail(s) at least thirty inches (30") in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.
G. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
H. No owner or other person with managerial control over a sexually oriented business (as that term is defined herein) shall permit any person on the premises of the sexually oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage and/or the female breast with less than a fully opaque coverage over any part of the areola.
I. Sexually oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty five (35) persons, an additional security guard shall be on duty. Additional security guards may be required if the occupancy limit of the premises is greater than seventy (70) persons. Security guard(s) shall be charged with preventing the violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required pursuant to this subsection and shall not act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.
J. The foregoing applicable requirements of this section shall be deemed conditions of sexually oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.
K. Every permittee of a sexually oriented business which provides live entertainment pursuant to this article must maintain a register of all persons so performing on the premises. Such register shall be available for inspection during the regular business hours by any designee of the city of Porterville. (Ord. 1600 § 1, 5-1-2001) 15-61: EXEMPTIONS:
A. It is a defense to prosecution for any violation of this article that a person appearing in a state of nudity did so in a modeling class operated:
1. By a college, junior college, or university supported entirely or partly by taxation; or
2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
3. In a structure:
a. Which has no sign visible from the exterior of the structure and not other advertising that indicates a nude person is available for viewing, and b. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class, and
c. Where no more than one nude model is on the premises at any one time.
B. It is a defense to prosecution of a violation of this article that an employee of a sexually oriented business, regardless of whether or not it is permitted under this article, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees. (Ord. 1600 § 1, 5-1-2001)
15-62: CRIMINAL PENALTIES AND ADDITIONAL LEGAL, EQUITABLE, AND INJUNCTIVE RELIEF:
A. If any person fails or refuses to obey or comply with or violates any of the provisions of this article, such person, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.
B. Nothing herein contained shall prevent or restrict the city from taking such other lawful action as is necessary to prevent or remedy any violation or noncompliance.
Such other lawful actions shall include, but shall not be limited to, a nuisance abatement proceeding pursuant to chapter 21, section 614.03 of this code, a civil nuisance abatement of equitable action for injunctive relief or an action at law for damages in any court of competent jurisdiction.
C. All remedies and penalties provided for in this article shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.
D. The city shall be entitled to recover all attorney fees and costs incurred in the filing or prosecution of any action or administrative proceeding brought to enforce any provision(s) of this article. (Ord. 1600 § 1, 5-1-2001) 15-63: SUSPENSION OR REVOCATION OF PERMIT:
A. After an investigation, notice and hearing, the city manager or his designee shall suspend or revoke an existing permit, or impose such conditions upon the retention of the permit as shall be found to be necessary to assure the preservation of the public health and safety, if the evidence presented established that one of the following conditions exist:
1. The building, structure, equipment, location, or manner of operation of such business does not comply with the requirements of, or fails to meet the standards of, the health, zoning, fire and safety laws of the state of California and ordinances of the city of Porterville applicable to such business operations.
2. The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material fact in the application for a sexually oriented business permit, or in any report or record to be filed with the city pertaining to the permit for the sexually oriented business, or has violated any rule or regulation duly adopted by the city relating to sexually oriented businesses, including those set out in this article.
3. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or allowed or permitted to be committed any unlawful act of sexual intercourse, sodomy, oral copulation, masturbation, or distribution of obscenity, on or in the subject premises.
4. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed to occur unlawful solicitations for sexual intercourse, sodomy, oral copulation, masturbation, or distribution of obscenity, on or in the subject premises.
5. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed, in or on the premises, the unlawful possession, use or sale of a controlled substance, as defined by the
California uniform controlled substances act, California Health and Safety Code section 11000 et seq., as amended from time to time.
6. More than thirty (30) days have elapsed since a tax, fee, fine, any form of regulatory assessment or judgment for monetary damages, irrespective of any other form of relief set out in the judgment, which is to be paid to the city has been imposed against a sexually oriented business, and said sum remains owing.
B. In the event that a permit for a sexually oriented business is revoked pursuant to any applicable law, the premises shall be closed and shall not be used as a sexually oriented business of any classification for a period of one year commencing on the date of revocation. Further, the operators of the sexually oriented business closed due to suspension or revocation of a permit shall be disqualified from operating any other sexually oriented business established thereafter within the city during the entire period of any such suspension, or for one year if the license was revoked. (Ord. 1600 § 1, 5-1- 2001)
15-64: IMMUNITY FROM PROSECUTION:
The city and its designee, the chief of police's office and all other departments and agencies, and all other city officers, agents and employees charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this article. (Ord. 1600 § 1, 5-1-2001) 15-65: SEVERABILITY:
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this article or any part thereof. The city council hereby declares that it would have passed each section, subdivision, paragraph, sentence, clause, or phrase in this article or any part thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 1600 § 1, 5-1-2001)
ARTICLE VI. CHARITABLE CAR WASH PERMIT PROCEDURE
SECTION:
15-70: Definitions
15-71: Permit Required For Charitable Car Wash
15-72: Application For Permit
15-73: Issuance And Form Of Permit
15-74: Term Of Permit
15-75: Nontransferability Of Permit
15-76: Manner Of Car Wash
15-77: Fundraising As A Business
15-78: Revocation Of Permit
15-79: Violations
15-80: Car Washing As A Business
15-70: DEFINITIONS:
For purposes of this article, the following definitions shall apply:
APPLICANT: A member of a charitable organization who applies for a car wash permit on behalf of the charitable organization.
CHARITABLE: Benevolent, civil, religious, educational, fraternal, patriotic, political, philanthropic or other similar purposes.
CHARITABLE CAR WASH: A temporary vehicle washing operation conducted by members of a charitable organization for organization fundraising purposes. It shall not be deemed to include the operation of an authorized permanent vehicle washing business or service station authorized to wash vehicles on its premises, although a car wash, as defined above, may be conducted on such premises.
CHARITABLE ORGANIZATION: Means and includes an organization which is a duly organized governmental or not for profit charitable, religious, civic, patriotic or community service organization; and the organization must have a tax-exempt identification number assigned to it.
PERMIT HOLDER: The charitable organization who has been granted a permit pursuant to this article for the purpose of conducting a charitable car wash.
PERSON: Any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.
RELIGIOUS OR RELIGION: Has the meaning established by the supreme court of the state or the supreme court of the United States.
RESIDENTIAL PROPERTY: A building designed for or occupied by one or more families as a residence including single-family residences, duplexes and apartments. (Ord. 1669 § 1, 6- 21-2005)
15-71: PERMIT REQUIRED FOR CHARITABLE CAR WASH:
A. It is unlawful for any person to engage, directly or indirectly, in a charitable car wash without first obtaining a valid charitable car wash permit pursuant to the provisions of this article.
B. The permit application shall include a written application to sponsor the charitable car wash by the owner or lessee of the property upon which the car wash is to be held.
C. The car wash permit issued under this article to a charitable organization must be prominently displayed at the location where the car wash is conducted and shall be removed at the completion of the car wash. (Ord. 1669 § 1, 6-21-2005) 15-72: APPLICATION FOR PERMIT:
A. Applications for charitable car wash permits shall be made to the Department of Planning and Engineering upon forms prescribed by the city. The application shall be declared under penalty of perjury and filed with the Department of Planning and Engineering not less than five (5) consecutive business days prior to the time at which the applicant wishes to conduct said car wash.
B. A nonrefundable application fee an amount to be set by resolution shall be paid by the applicant. The application fee shall be based solely upon the administrative costs in processing the application and issuing the permits.
C. Such applications shall contain the following information and documentation:
1. The full name, mailing address, principal business and telephone number of the charitable organization or institution, the names and addresses of the organization's or institution's principal officers and executives, and the address of the national, state and local headquarters, if any.
2. The name and address of the sponsor, with a statement by the sponsor that he/she is the owner or lessee of the property where the car wash is to be held or is an employee or agent of the owner or lessee who has been delegated control of the premises by the owner or lessee, and that the sponsor assumes all liability regarding the car wash.
3. The full name and address of the person or persons who will be in charge of conducting the car wash. The names and addresses of each individual who will actually be engaged in the car wash shall be on file at the agency/organization conducting the car wash and shall be made available to the city police department upon request at any time.
4. The time when such car wash will be held, including preferred date and hours of the day for commencement and termination of the car wash.
5. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement of the charitable organization by the city or any department or officer thereof.
6. Proof evidencing that the permit holder is a bona fide charitable organization.
7. The number of car washes that have been held by the charitable organization in that particular calendar year, and the number of car washes that have been held at that particular location in that particular calendar year.
8. Such supplemental information requested by the Department of Planning and Engineering as the Department of Planning and Engineering may require. The Department of Planning and Engineering may require that such information be updated during the time the permit is in force if changes occur subsequent to filing of the application in the planned dates and locations for the charitable car wash.
D. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the Director of Planning and Engineering in writing thereof prior to five o'clock (5:00) P.M. the day before such change.
E. The application documents shall be available for public inspection. (Ord. 1669 § 1, 6- 21-2005; Ord. XXXX, [date].)
15-73: ISSUANCE AND FORM OF PERMIT:
A. The Department of Planning and Engineering shall issue the permit, unless it finds that:
1. Any statement made in the application is factually incorrect, and the applicant fails to correct the application after being requested to do so.
2. The applicant has not provided the information required by this article and fails to provide the missing information after being requested to do so.
3. The application indicates that the proposed car wash will violate any of the requirements of this article and the applicant fails to amend the application to indicate compliance with said section after being requested to do so.
4. The number of charitable car washes by the charitable organization applying for said permit exceeds four (4) in a calendar year, or the number of charitable car washes held at a particular location exceeds four (4) per calendar year. The location requirement shall not pertain to licensed commercial car washes.
5. The applicant has violated any of the provisions of this article within one year of the date the application is submitted, resulting in the imposition of a fine or the revocation of a prior permit.
B. Nothing set forth in this article shall be construed as granting to the Department of Planning and Engineering or any other person the authority to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor, or for any other reason not specifically provided for in this article.
C. The Department of Planning and Engineering shall either issue or deny the requested permit within two (2) consecutive business days after the date the application is made.
In the event of denial, the finance department shall give the applicant a written notice which states with specificity the reasons therefor. In the event the Department of Planning and Engineering fails to act within the time prescribed, the permit shall be deemed issued.
D. The permit, if issued, shall include the following information:
1. The name and address of the permit holder;
2. The date for which the permit is valid;
3. A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers or employees, of the purpose of the car wash;
4. A permit number; and
5. The signature of the Director of Planning and Engineering or his/her designee. (Ord. 1669 § 1, 6-21-2005; Ord. XXXX, [date].)
15-74: TERM OF PERMIT:
Permits issued under this article shall be valid only for the date specified in the application for the car wash and as stated on the permit. (Ord. 1669 § 1, 6-21-2005) 15-75: NONTRANSFERABILITY OF PERMIT:
No permit issued under this article shall be transferred or assigned, and any attempt at assignment or transfer shall be void. (Ord. 1669 § 1, 6-21-2005) 15-76: MANNER OF CAR WASH:
A. Car washes held pursuant to permits under this article:
1. Shall take place between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.
2. Shall be conducted for a one-day period only.
3. Shall not be conducted by any person under the age of sixteen (16) years, unless supervised by an adult.
4. Shall not be conducted at any house, apartment or other dwelling nor an area zoned for residential use only.
5. Shall be conducted in an area zoned for commercial uses; and such location shall have a means of collecting the wash water and shall discharge the water to the city sewer collection system.
6. Shall use biodegradable soaps or detergents, and shall not violate any of the provisions of chapter 25 of this code, concerning wastewater discharge requirements.
7. Shall have a means in place to limit wastewater or runoff such as pistol grip nozzle or similar apparatus affixed to each garden hose or water source.
8. Shall not allow any person to solicit cars or other contributions from a position in or on any public right of way, including, but not limited to, sidewalks, traffic islands, driveways or the like as to endanger that individual or others.
9. Shall not be conducted at any commercial property which has held four (4) prior car washes in the calendar year (excluding licensed commercial car wash locations).
10. Shall take place at a distance of more than twenty-five feet (25') from the street curb, or from the near edge of the travel lane or lanes of any uncurbed street or road.
11. Shall utilize temporary signs, if any signs are utilized, in compliance with the city's applicable regulations concerning temporary signs.
12. Shall not be conducted by a charitable organization which has held four (4) prior car washes in the calendar year. Four (4) applications per tax exempt identification number, and four (4) permits per tax exempt identification number, will be allowed in the calendar year.
B. It is unlawful for a "permit holder", as defined herein, to:
1. Refuse to provide their name and a copy of the permit issued under this article, if requested by city representatives.
2. Misrepresent their identity or the identity of the charitable organization conducting the charitable car wash for which he or she is an agent.
3. Misrepresent that the charitable car wash permit issued under this article is an endorsement by the city, or any department or employee thereof, of the charitable car wash. (Ord. 1669 § 1, 6-21-2005)
15-77: FUNDRAISING AS A BUSINESS:
An organization in the business of fundraising (seeking a profit and paying its solicitors), even if engaged by a nonprofit organization, must comply with this article. If such an organization is soliciting on behalf of a nonprofit organization, the nonprofit organization shall obtain a permit pursuant to this article. (Ord. 1669 § 1, 6-21-2005) 15-78: REVOCATION OF PERMIT:
Any violation of this article by applicant or permit holder shall be cause for revocation of a permit issued pursuant to this article. Upon determination by an authorized representative of the city that a car wash is being conducted without a valid permit or in violation of the requirements of this article, said unlawful activity shall cease immediately, and all persons associated with said car wash shall be dispersed within one hour after the giving of said notice. Failure or refusal by the charitable organization and/or the owner/sponsor to cause a car wash in violation of these regulations to cease operations, after receiving such notification from the city official, shall constitute a separate violation of this article.
Furthermore, any organization that violates this article shall be ineligible for the issuance of a permit for a period of one year. (Ord. 1669 § 1, 6-21-2005) 15-79: VIOLATIONS:
Every person who, for himself or herself, or as the agent of another, commences, engages in or conducts a car wash as provided in this article without procuring the permit as required under this article or who fails to comply with the conditions of this article shall be guilty of an infraction punishable by:
A. A fine not exceeding one hundred dollars ($100.00) for a first violation; B. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year; and
C. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. (Ord. 1669 § 1, 6-21-2005)
15-80: CAR WASHING AS A BUSINESS:
This article is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for profit basis must comply with all city, county and state licensing or permitting requirements and does not fall within this article. (Ord.1669 § 1, 6-21-2005) ARTICLE VII. CANNABIS DISPENSARIES
SECTION:
15-85: Definitions
15-86: Cannabis Dispensaries Permitted Uses And Zoning
15-87: Cannabis Dispensaries Requirements And Restrictions 15-88: Regulatory Permit Required
15-89: Employee Permit Required
15-90: Application Fees
15-91: Investigation
15-92: Term Of Permits And Renewals
15-93: Grounds For Denial Of Regulatory Permit
15-94: Grounds For Denial Of Employee Permit
15-95: Notice Of Decision And Final Action
15-96: Suspension And Revocation Of Regulatory Permit Or Employee Permit 15-97: Effect Of Denial Or Revocation
15-98: Abandonment
15-99: Other Licenses, Permits, Taxes Or Charges
15-100: Violation Deemed Misdemeanor And Other Remedies 15-101: Actions To Collect
15-102: Severability
15-103: Remedies Cumulative
15-104: Amendment Or Repeal
15-105: Penalties
15-85: DEFINITIONS:
The following definitions are applicable to the terms when used in chapter 15, 18, or 21 of this Code, concerning regulations pertaining to cannabis uses, activities and operations.
APPLICANT: Means a person who is required to file an application for a permit under this article.
BUSINESS OWNER: Means the owner(s) of the cannabis business. For publicly traded companies, owner means the chief executive officer or any person or entity with an aggregate ownership interest of five percent (5%) or more. For all other businesses, other than publicly traded companies, an owner is an individual that has an aggregate ownership of interest other than a lien or encumbrance, of twenty percent (20%) or more in the commercial cannabis business.
CANNABIS: Means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties; whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purposes of this Code, "cannabis" does not mean "industrial hemp" as defined by section 11018.5 of the Health and Safety Code.
CANNABIS ACCESSORIES: Means any equipment, products, or materials of any kind which is intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. "Cannabis accessories" also has the same meaning as in section 11018.2 of the Health and Safety Code.
CANNABIS BUSINESS OR CANNABIS INDUSTRY: Means any business activity in the City relating to cannabis, including but not limited to cultivation (including nurseries), transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, delivery and sales (wholesale and/or retail sales) of cannabis or cannabis products, whether or not carried on for gain or profit. A cannabis business does not include any business whose only relationship to cannabis or cannabis products is the production or sale of cannabis accessories.
CANNABIS DISPENSARY OR DISPENSARY: Means a facility where cannabis or cannabis products, are offered, either individually or in combination, for retail sale, including an establishment that engages in delivery of cannabis or cannabis products as part of a retail sale. In addition, and without limiting the foregoing, "dispensary" includes "dispensary" as defined in California Business and Professions Code division 10 and any successor statute(s), as may be adopted or amended from time to time. For the purposes of obtaining a City permit and operating within the City, "cannabis dispensary" or "dispensary" is limited to storefront cannabis retailers.
CANNABIS PRODUCT: Means any product containing cannabis, including, but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles and those products described in section 11018.1 of the Health and Safety Code.
CITY: Means the City of Porterville, either the entity or its territorial limits, as the context requires.
CITY COUNCIL OR COUNCIL: Means the City Council of the City of Porterville.
COLLECTOR: Means the City's Director of Planning and Engineering or his or her designee.
COMMERCIAL CANNABIS BUSINESS, COMMERCIAL CANNABIS ACTIVITY, OR CANNABIS BUSINESS OR CANNABIS OPERATION: Means any commercial marijuana activity allowed under State law and the implementing regulations, as State law and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted State law pertaining to the same or similar uses for recreational cannabis, including the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non- medical, or any other purpose and includes the activities of any business licensed by the State or other government entity under division 10 of the California Business and Professions Code, or any provision of State law regulating the licensing of cannabis businesses. It also includes cannabis dispensaries, cooperatives or collectives.
COMMERCIAL CANNABIS REGULATORY PERMIT OR REGULATORY PERMIT: Means the permit required under this article to have a cannabis business.
CONCENTRATED CANNABIS: Means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.
DELIVERY: Means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this article that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
DELIVERY EMPLOYEE: Means an individual employed by a licensed dispensary who delivers cannabis goods from the licensed dispensary premises to a physical address.
DEVELOPMENT AGREEMENT: Means an agreement entered into between the City and the business owner and any other responsible parties as required by the City, in accordance with chapter 21, series 600, article 609 of this Code.
DISTRIBUTION: Means the procurement, sale, and transport of cannabis or cannabis products between licensees.
DISTRIBUTOR: Means a person engaged in procuring cannabis from a cultivator, and/or procuring cannabis products from a manufacturer, for sale to a licensed commercial cannabis business. In addition, and without limiting the foregoing, "distributor" includes "distributor" as defined in California Business and Professions Code division 10 and any successor statute, as may be adopted or amended from time to time.
EMPLOYEE: Means each and every person engaged in the operation or conduct of any cannabis business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such cannabis business for a wage, salary, commission, barter or any other form of compensation.
GROSS RECEIPTS: Means the amount a cannabis operation received from all sources during its accounting period, without subtracting any costs or expenses.
MAUCRSA: Means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in division 10 of the California Business and Professions Code, as the same may be amended from time to time.
MANUFACTURE: Means to compound, blend, extract, infuse or otherwise make or prepare a cannabis product.
MEDICAL CANNABIS DISPENSARY: Means a storefront cannabis dispensary with a valid M-type 10 retailer license in accordance with MAUCRSA.
OPERATOR: Means the business owner and any other person designated by the business owner as responsible for the day to day cannabis business operation.
PREMISES: Means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
PROCESSING: Means any method used to prepare cannabis or its byproducts for personal use or commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis related products and concentrates.
RESPONSIBLE PARTY: Shall mean the business owner, operator, manager(s), and any employee having significant control over the cannabis businesses operations.
STATE: Means the State of California.
STATE LAW: Means all regulations and laws pertaining to cannabis business in the State of California.
STATE LICENSE: Means a State license issued pursuant to California Business and Professions Code section 26000, et seq., or other applicable State law.
TRANSPORT OR TRANSPORTATION: Means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to this article. (Ord. 1853, 5-7-2019; Ord. XXXX, [date].) 15-86: CANNABIS DISPENSARIES PERMITTED USES AND ZONING:
Business owners meeting the requirements of this article shall be allowed to conduct storefront cannabis dispensary operations in the zone districts and locations as specified in chapter 21 of this Code, upon obtaining a regulatory permit from the City, obtaining a business license from the City, obtaining the applicable license from the State of California, and entering a Development Agreement with the City as specified further in this article. Nonstorefront cannabis retailers are not permitted within the City. (Ord. 1853, 5-7-2019) 15-87: CANNABIS DISPENSARIES REQUIREMENTS AND RESTRICTIONS:
A. Maximum Number of Permits. The number of regulatory permits for dispensaries is limited to no more than two permits plus an additional permit per every 25,000 residents.
Said permits may be issued for medical (Type M) or adult use (Type A) businesses as allowed by the State. However, the City Council may, but is not required to, reserve one of the allowed permits for exclusively a medical cannabis dispensary. No applications for regulatory permits shall be accepted or considered for approval by the City until authorized by the City Council, and shall only be accepted under the terms nd conditions specifically established by the City Council.
B. Regulatory Permit/Fees.
1. Regulatory Permit. No person or entity shall operate a Cannabis Dispensary within the City of Porterville without first obtaining a Cannabis Regulatory Permit from the City. The Regulatory Permit shall be site specific and shall specifically identify the commercial cannabis activity that will be allowed at that site. No commercial cannabis activity will be allowed unless specifically identified in the Regulatory Permit.
2. Request for Proposals Processes. The City may conduct initial request for proposals processes for regulatory permit applications (commercial or medical), once it determines when dispensary regulatory permits shall become available, and thereafter as such permits become available. Nothing in this Chapter or Code shall be construed to create an obligation for the City to conduct a request for proposals process for, or to create an obligation to grant a permit to, any cannabis dispensary.
The City Council may authorize the initiation of the Request for Proposals Process at any time for any one or more of the available permits, up to the maximum number permitted by this Article.
3. Medical Cannabis Dispensaries.
a. If, after one full year from the City’s first issuance of a Request for Proposals solely for a Medical Cannabis Dispensary, no responses are received within the prescribed time period for such responses, the City Council may opt to allow the permit reserved for a medical dispensary to be utilized for an adult-use dispensary, as otherwise permitted by this Chapter.
b. Any Medical Cannabis Dispensary established pursuant to this Chapter must be in operation for a full year before it will be eligible to apply for any transition to an adult-use dispensary (Type A), and any medical cannabis dispensary applying for a transition shall be subject to all the requirements of this Chapter, including applying for a new regulatory permit and entering into a new development agreement.
4. Permit Availability at the Discretion of the City Council. The City shall maintain complete discretion over whether any permit approvals are made, how many permit approvals are made, when permits shall be issued, where the uses may be located (subject to Chapter 21), the terms and conditions under which any or all of the permits are issued, and the manner of permit approvals.
5. Fees. All related fees and charges associated with conducting a request for proposals process, regulatory fee application process, and the granting, administering, and enforcing of the regulatory permits, and any other City costs related to the operations of a dispensary shall be established by Resolution(s) of the City Council, which may be amended from time to time.
C. Development Agreement. No approval required by this Article shall be given for any permit for a dispensary unless the City Council prior to or concurrently with approves a Development Agreement, setting forth the terms and conditions under which the commercial cannabis activity will operate in addition to the requirements of this Article, all other local ordinances and regulations, state law and such other terms and conditions that will protect and promote the public health, safety and welfare. No use or operation under any permit for a dispensary shall be allowed to begin until the development agreement is effective.
D. State Law and Other State Laws. The cannabis dispensary shall at all times be in compliance with State Law and the implementing regulations, as they may be amended from time to time, as well as all required State license(s) under State Law, and any other applicable State law. The Operator shall obtain required licenses under State Law prior to opening for business, or if the State is not ready to issue licenses under State Law prior to the time of opening, within twelve (12) months of the State being ready to issue the required license(s). Provided, however, that the Operator shall at all times be in compliance with all other requirements of State Law and implementing regulations, and any other applicable State law, regardless of the timing of the issuance of a license under State Law. The Operator shall meet or exceed the health and safety requirements of State Law in any operations relating to recreational cannabis.
E. Register of Employees. The Operator shall maintain a current register of the names of persons required to have Employee Permits. The register shall be available to the Police Chief at all times immediately upon request. All agents, officers, or other persons acting for or employed by a licensee shall display a laminated identification badge issued by the licensee. The identification badge shall, at a minimum, include the licensee’s “doing business as” name and license number, the employee’s first and last name, and a color photograph of the employee that shows the full front of the employee’s face and that is at least 2 inches by 2 inches in size.
F. Labeling. All cannabis products offered to customers at a retail location must provide testing and labeling at a minimum as required by State law and in compliance with any additional City regulations and as they may be amended.
G. Signage. All signage shall be subject to approval by the City of Porterville and consistent with the City’s Signage Ordinances, and any other policies or guidelines adopted by the City.
H. Alcoholic Beverages. Alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the Premises.
I. Transportation. Transportation shall only be conducted according to activity permitted by State law.
J. Distribution. There shall be no distributions to the Premises of cannabis or cannabis containing products except from properly licensed and permitted cannabis businesses.
City-licensed and permitted cannabis retailers shall not distribute cannabis as a licensed distributor within the City.
K. Minors. It shall be unlawful for any Operator to employ any person who is not at least twenty-one (21) years of age, or any older age if set by the State.
L. Hours of Operation. Cannabis Dispensaries shall be allowed to operate per the requirements of the underlying zone district and subject to the City’s noise and nuisance ordinances but in no case shall exceed the minimum State standards.
Additionally, the City Council may set allowed hours of operation by Resolution that are more restrictive, if it finds that the limitations are appropriate to protect the public health, safety, peace or welfare.
M. Compliance with Building and Related Codes. The Premises in which the Cannabis Dispensary operations occur shall comply with all applicable local, State and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the Building Official of the City. The Operator shall obtain all required building permits and comply with all applicable City standards.
N. Secure Building. All Cannabis Dispensary operations shall occur entirely inside of a building (excluding any expressly authorized drive-through facility) that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for commercial structures and include material strong enough to prevent entry except through an open door. Any authorized drive-through facilities shall be designed and operated with appropriate security features and measures as approved by the City.
O. Premises Security. The following security conditions shall apply:
1. Alarm System (both perimeter, fire and panic). A licensee shall maintain an alarm system as defined in Business and Professions Code section 7590.1(n). A licensee shall ensure a licensed alarm company operator or one or more of its registered alarm agents installs, maintains, monitors, and responds to the alarm system.
2. Remote monitoring of alarm systems.
3. Exterior lighting systems for after-hours security.
4. Exterior and interior camera systems approved by the Police Chief. The camera systems shall meet the minimum requirements of State Law, include interior monitoring of all access points of the site from the interior, and be of a minimum 5 mega pixels in resolution. Cameras shall record continuously 24 hours per day and at a minimum of 20 frames per second. Areas monitored are defined by State law.
5. All security systems at the site are attached to an uninterruptable power supply that provide continuous power.
6. The Porterville Police Department or Department designee shall have access to all security systems.
7. Subject to the provisions below regarding the use and handling of Confidential Information, IP access for remote monitoring of security cameras by the Porterville Police Department or Department designee.
8. Subject to the provisions below regarding the use and handling of Confidential Information, any and all video or audio tape recordings made for security or other purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of thirty (30) days and must be made available to the Porterville Police Department or Department designee for duplication upon demand.
In addition, upon request by the Porterville Police Department the Responsible Party shall duplicate the records for the Porterville Police Department or Department designee.
9. [Reserved].
10. Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.
11. Electronic track and trace systems for cannabis products shall be utilized as approved by the City and as required by State law.
12. Premises may be inspected and records of the Business Owner audited by the City for compliance on a quarterly basis or at any reasonable time at the City’s discretion.
13. State of the art network security protocols and equipment need to be in place to protect computer information.
14. The foregoing requirements shall be approved by the Police Chief prior to commencing operations. The Police Chief may supplement these security requirements once operations begin, subject to review by the City Council if requested by the Business Owner.
15. The City, Police Chief, Police Department employees, and any other law enforcement official acting under the direction of the Police Chief who access the Premises and video and/or audio feeds r recordings of the Premises (“Recipients”) may receive or be provided with confidential information relating to the Cannabis dispensary, which may include the following: data, records, plans, and matters relating to customers, vendors, tenants, agreements, and business records (collectively “Confidential Information”).To the extent Confidential Information is acquired without a warrant for access to the Premises and video and/or audio feeds or recordings as authorized under this section, the Recipients shall, to the maximum extent possible, keep such Confidential Information confidential and not disclose the Confidential Information to any third parties. Provided, however, that the Recipients may disclose Confidential Information to the State or Federal courts in California in connection with any criminal law enforcement action against the Business Owner or Operator, (including its employees, contractors and agents conducting business within the Premises) arising from or related to the Cannabis dispensary, but only to the extent it is necessary and relevant to such criminal prosecution, and the Recipients shall file any such documents under seal to the extent they contain any Confidential Information. Notwithstanding the foregoing, the City may disclose Confidential Information:
a. As may be required by the California Public Records Act or pursuant to a civil subpoena, provided however, the City shall notify the Operator and provide the Operator with a reasonable opportunity to obtain a protective order before disclosing the Confidential Information.
b. In connection with any City enforcement proceeding relating to compliance with City’s Municipal Code and this section, but only to the extent the Confidential Information is relevant to the
proceeding.
P. Delivery.
1. Unless otherwise (and only to the extent) required to be permitted by State law, deliveries to customers from dispensaries located outside the City are prohibited.
2. All deliveries of cannabis goods must be performed by a delivery employee of a licensed dispensary. Each delivery employee of a licensed dispensary shall be at least 21 years of age.
3. A licensed dispensary shall not use the services of an independent contractor or courier service to deliver cannabis goods.
4. All deliveries of cannabis goods shall be made in person. A delivery of cannabis goods shall not be made through the use of an unmanned vehicle.
5. A delivery employee begins the process of delivering when the delivery employee leaves the dispensary premises with the cannabis goods for delivery. The process of delivering ends when the delivery employee returns to the licensed dispensary premises after delivering the cannabis goods to the cannabis patients or primary caregivers.
6. A delivery employee of a licensed dispensary shall, during deliveries, carry a copy of the dispensary’s current license, the employee’s government-issued identification, and an employer provided badge containing a picture and the name of the delivery employee.
7. A licensed dispensary shall maintain an accurate list of the dispensary’s delivery employees.
Q. Deliveries of Supplies and Transportation of Product. The following rules apply to the deliveries and transportation:
1. Deliveries to the Premises of supplies shall only occur as provided for in the diagram and floor plan on file with the City as part of the application process. Delivery vehicles shall not have any markings indicating that deliveries are being made to a Cannabis Dispensary.
2. The transportation of cannabis samples and product to and from the Premises shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and products. The Responsible Party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the Police Chief.
R. Premises Maintenance. The Business Owner, Operator, and all Responsible Parties shall continually maintain the Premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety and general welfare of employees, patrons, surrounding properties, and the general public, and in accordance with the conditions and site plan approved with the Development Agreement. The Premises of the Cannabis Dispensary shall not be maintained in a manner that causes a public or private nuisance.
S. In addition to any regulations, policies, or procedures authorized to be adopted by the City in accordance with this Article or this Code, the City Manager, or his or her designee, is authorized to establish any addition rules, regulations, policies and standards governing the application review and approval process, the issuance, denial or renewal of cannabis dispensary regulatory permits, the ongoing operation of commercial cannabis dispensary businesses and the City’s oversight of same; and/or concerning any other subject determined to be necessary to carry out the intent and purposes of this Article. Additional rules, regulations, policies and standards shall be published to the City’s website and maintained and available to the public if the Office of the City Clerk.
T. Indemnification and Limitations on City’s Liability.
1. To the fullest extent permitted by local, state, and/or federal law, the City shall not assume any liability whatsoever with respect to having issued a regulatory permit or executed a development agreement pursuant to this Article, or otherwise approving the operation of any commercial cannabis business.
2. As a condition to the approval of any regulatory permit and approval of a development agreement, the applicant shall be required to execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend at the applicant’s sole cost and expense, and hold harmless the City, and its officers, officials, employees, representatives, and agents from any against all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to the City’s drafting, adoption and passage of regulations, related resolutions, policies, rules and guidelines, allowing cannabis dispensaries or in the future making any regulatory amendments; the City’s issuance of the regulatory permit; the City’s approval and execution of a development agreement; the City’s decision to approve the operation of the dispensary; the process used by the City in making the decision to issue, approve or deny a permit or a development agreement; and/or the alleged violation of any federal, state or local laws by the dispensary or any of its officers, employees or agents.
3. The dispensary shall maintain insurance at coverage limits and with conditions thereon determined necessary and appropriate from time to time by the City.
4. The dispensary shall reimburse the City for all costs and expenses, including but not limited to attorney fees and court costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the applicant’s regulatory permit, or related to the City’s approval of the applicant’s commercial cannabis activity, or the City’s approval of a development agreement. The City may, at its sole discretion, participate at its own expense in the defense of such action, but such participation shall not relieve any of the obligations imposed hereunder.
5. The terms and provisions as enumerated in this section related to indemnification and limitation on the City’s liability shall be an explicit term of a regulatory permit and a development agreement that an applicant and permittee shall agree to in order for same to be valid. (Ord. 1853, 5-7-2019; amd. Ord. 1879, 2-16-2021; Ord. 1910, 6-3- 2025)
15-88: REGULATORY PERMIT REQUIRED:
A. Application For Permit: At the time authorized by the City, applications for regulatory permits shall be filed by the proposed business owner(s) with the City and include the information set forth herein. The City may request such additional information as they deem necessary to determine who the applicant is, and may adopt additional requirements as authorized in subsection 15-87B of this article.
The applicant shall certify under penalty of perjury that all the information contained in the application is true and correct. The application shall contain the following items for the business owner, operator and all responsible parties known at the time (if different than the business owner), and any other party designated below, to the extent the same shall apply:
1. The full name, present address, and telephone number, including such information to the premises owner.
2. Date of birth.
3. Tax identification number.
4. The address to which notices relating to the application are to be mailed.
5. Previous addresses for the five (5) years immediately preceding the present.
6. The height, weight, color of eyes and hair.
7. Photographs for identification purposes (photographs shall be taken by the Police Department).
8. All business, occupation, or employment for the five (5) years immediately preceding the date of submittal of the application form.
9. The cannabis operation business history, including whether the business owner and responsible parties while previously operating in this or another city, county or state has had a cannabis related license revoked or suspended, the reason therefore, and the business or activity or occupation subsequent to such action of suspension or revocation.
10. Complete property ownership and lease details, where applicable. If the business owner is not the premises owner, the application form must be accompanied with a notarized acknowledgment from the premises owner that cannabis sales will occur on its property.
11. A descriptive business plan for the cannabis operation, including a detailed list of all cannabis business activities proposed to occur on the premises.
12. A diagram and floor plan of the entire premises, denoting all the use of areas proposed for cannabis production, including, but not necessarily limited to, cultivation, processing, manufacturing, testing, transportation, deliveries, and storage. For cannabis dispensaries, the floor plan should show the layout and design of the building. The diagram and floor plan need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6").
13. The name or names of the operator. The operator shall designate one or more responsible parties, one of which shall at all times be available as a point of contact for the City, twenty-four (24) hours per day. The contact information and schedule of the operator and responsible parties shall be provided to the Police Chief and updated within twenty-four (24) hours of any changes.
14. The proposed security arrangements for ensuring the safety of persons and to protect the premises from theft.
15. An accurate straight-line drawing prepared within thirty (30) days prior to the application depicting the building and the portion thereof to be occupied by the cannabis operation and the property line of any school or any other sensitive use as set forth in the operational requirements.
16. Authorization for the City, its agents and employees to seek verification of the information submitted.
B. Other Permits Or Licenses: The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a regulatory permit. (Ord. 1853, 5-7-2019; Ord. XXXX, [date].) 15-89: EMPLOYEE PERMIT REQUIRED:
A. Every employee or independent contractor (to the extent the independent contractor is otherwise allowed by this article) working at a cannabis operation or involved in transportation/delivery related services for a cannabis business shall obtain an employee permit. It shall be the duty of the operator to ensure that employee permits are obtained from the Police Department prior to the employee or independent contractor commencing work. Persons who are listed as a business owner on a regulatory permit shall not be required to obtain an employee permit if such person also serves as an employee or contractor. All responsible parties, except the business owner, shall be required to obtain an employee permit.
B. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so that the Police Department can perform a background check:
1. Name, current resident address, and telephone number.
2. Date of birth.
3. Tax identification number.
4. Height, weight, color of eyes, and hair.
5. Photographs for identification purposes (photographs shall be taken by the Police Department)
6. Be fingerprinted by the Police Department.
7. Such other identification and information as deemed necessary by the Police Chief and pertinent to the employee permit.
8. Authorization for the City, its agents and employees to seek verification of the information contained within the application.
9. The name of the business owner holding the regulatory permit and the operator for which such person is proposed to work. (Ord. 1853, 5-7-2019; Ord. 1910, 6-3-2025) 15-90: APPLICATION FEES:
Every new application for a regulatory permit, employee permit, or renewal shall be accompanied by a nonrefundable fee, as established by resolution of City Council. This fee shall be in addition to any other business license, tax, or permit fee imposed by this Code or other governmental agencies. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks as well as general ongoing monitoring for compliance and processing of the application. (Ord. 1853, 5-7-2019) 15-91: INVESTIGATION:
A. Upon the filing of a properly completed application and the payment of the fee, the Police Chief is authorized to conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a regulatory permit and employee permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Porterville Police Department.
B. For employee permits, after the background checks and investigation are complete, and in no case later than thirty (30) days after receipt of a properly completed application, the Police Chief shall either approve or deny an employee permit. At the discretion of the Police Chief, employee permits may be conditionally approved pending the background investigation. (Ord. 1853, 5-7-2019)
15-92: TERM OF PERMITS AND RENEWALS:
Regulatory permits issued under this chapter shall expire on December 31st each year.
Applications for renewal shall be made at least forty-five (45) days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this article. When made less than forty-five (45) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on similar to applications for permits except that the Police Chief shall renew annual permits for additional one-year periods if the circumstances and information provided with the initial application have not materially changed. Regulatory fees may be pro-rated based on the term of the regulatory permit. (Ord. 1853, 5-7-2019)
15-93: GROUNDS FOR DENIAL OF REGULATORY PERMIT:
Nothing in this article shall be construed to require the City to grant a regulatory permit.
Notwithstanding this, applications for a regulatory permit are required to be denied for one or more of the following:
A. The business or conduct of the business at a particular location is prohibited by any local or State law, statute, rule or regulation.
B. The business owner or operator has been issued a local or State permit related to cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the business owner or operator has had disciplinary action relating to the permit.
C. The business owner or operator has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application.
D. Consistent with State law or other applicable State law, the business owner or operator, or any responsible person, has been:
1. Convicted of a serious or violent offense as listed under California Penal Code sections 667.5 and 1192.7(c); or
2. Convicted of any of the offenses listed in Business and Professions Code section 19323; or
3. Convicted of a misdemeanor involving moral turpitude as defined under State law (generally crimes relating to theft and dishonesty) within the five (5) years preceding the date of the application; or
4. Convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a Certificate of Rehabilitation as defined in the Act; or
5. Has engaged in misconduct related to the qualifications, functions or duties of a permittee, such as lying on an application, falsifying legal documents, or anything that would otherwise ban the permittee from obtaining a State license under State law; or
6. Consistent with State law or other applicable State law, the business owner or operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices; or
7. The business owner or operator is under twenty-one (21) years of age, or any older other age set by the State; or
8. The cannabis operation does not comply with the Zoning Ordinance standards of the City, the development standards set forth in this Code, or the terms of the Development Agreement; or
9. The required annual business license fee, annual regulatory fee or fees specified in this Code or the Development Agreement have not been paid. (Ord. 1853, 5-7- 2019)
15-94: GROUNDS FOR DENIAL OF EMPLOYEE PERMIT:
The grounds for denial of an employee permit shall be one or more of the following:
A. The applicant has been issued a local or State permit related to cannabis production at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.
B. Consistent with State law or other applicable State law, the applicant has been:
1. Convicted of a serious or violent offense as listed under California Penal Code sections 667.5 and 1192.7(c); or
2. Convicted of any of the offenses listed in Business and Professions Code section 19323; or
3. Convicted of a misdemeanor involving moral turpitude as defined under State law (generally crimes relating to theft and dishonesty) within the five (5) years preceding the date of the application; or
4. Convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a Certificate of Rehabilitation as defined in State law; or has engaged in misconduct related to the qualifications, functions or duties of a permittee; or
5. Consistent with State law or other applicable State law, the applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices; or
6. The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit; or
7. An applicant is under twenty-one (21) years of age, or any older age set by the State. (Ord. 1853, 5-7-2019)
15-95: NOTICE OF DECISION AND FINAL ACTION:
A. Regulatory Permit: Action on a properly authorized and submitted application for a regulatory permit shall be as follows:
1. The Police Chief shall cause a written notice of his or her recommendation on the issuance or denial of a regulatory permit, and the date and time when the City Council will consider action on the regulatory permit, to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid.
2. Following a public hearing before the City Council, the Council may grant the regulatory permit subject to the other requirements of this article and subject to such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community, or it may deny the issuance of the regulatory permit for any of the grounds specified in this section. The decision of the Council shall be final, subject to judicial review below.
B. Employee Permit: Action on the employee permit shall be as follows: The Police Chief shall cause a written notice of his or her determination on the issuance or denial of an employee permit to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid. The Police Chief's decision on an employee permit shall be final, subject to judicial review. (Ord. 1853, 5-7-2019)
15-96: SUSPENSION AND REVOCATION OF REGULATORY PERMIT OR EMPLOYEE PERMIT:
A. Regulatory Permit: The City Council may suspend or revoke the regulatory permit of a commercial cannabis operation when any of the following occur:
1. The cannabis operation is conducted in violation of any provision of this article, the terms of the Development Agreement, State law, or any other applicable State law.
2. The cannabis operation is conducted in such a manner as to create a public or private nuisance.
3. A failure to pay the regulatory fee required by this article or other required fees pursuant to this Code or the Development Agreement.
4. A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or obstruction of the operation of another business.
5. A failure to comply with the terms and conditions of the regulatory permit issued in connection therewith or the terms of the Development Agreement.
6. Any act which would be considered grounds for denial of the regulatory permit in the first instance.
B. Employee Permit: The Police Chief may suspend or revoke an employee permit when the permittee or the employee has committed any one or more of the following acts:
1. Any act which would be considered a ground for denial of the permit in the first instance.
2. Violates any provision of this article, State law, or any other applicable law relating to the cannabis operation.
3. Violates or fails to comply with the terms and conditions of the employee permit.
C. Procedures For Revoking Regulatory Permits: For regulatory permits, the procedures for revoking conditional use permits shall be utilized except that the matter shall be heard by the City Council in the first instance, and shall be subject to the same judicial process as applied to a conditional use permit.
D. Procedures For Revoking Employee Permits: Prior to suspension or revocation of an employee permit, the Police Chief shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five (5) calendar days prior to the date set for such hearing.
The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery or by certified U.S. mail, postage prepaid. Any permittee aggrieved by the decision of the Police Chief in suspending or revoking an employee permit shall have no appeal rights and the Police Chief's decision shall be final, subject to judicial review as set forth in this section.
E. Immediate Suspension: The Police Chief may immediately suspend or revoke a regulatory permit and an employee permit without notice or a hearing, subject to the appeal rights set forth herein, under either of the following circumstances:
1. The business owner or operator is convicted of a public offense in any court for the violation of any law which relates to the cannabis operation, or in the case of an employee permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit.
2. The Police Chief determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The Police Chief shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension. (Ord. 1853, 5-7-2019)
15-97: EFFECT OF DENIAL OR REVOCATION:
When the City Council shall have denied a regulatory permit or revoked a regulatory permit, or the Police Chief shall have denied or revoked an employee permit, no new application for a regulatory permit and no new application for an employee permit shall be accepted and no regulatory permit or employee permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one year after denying or revoking the regulatory permit or employee permit. (Ord. 1853, 5-7-2019) 15-98: ABANDONMENT:
In addition to the suspension or revocation of a regulatory permit, a regulatory permit shall be deemed abandoned if the cannabis operation ceases for a period of more than ninety (90) consecutive days. Before restarting operations, a new regulatory permit shall be secured. The ninety (90) day period shall be tolled during periods of force majeure, which shall be defined as follows: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee. (Ord. 1853, 5- 7-2019)
15-99: OTHER LICENSES, PERMITS, TAXES OR CHARGES:
Except as expressly provided in this article, nothing contained in this article shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any provision of any other title or chapter of this Code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other title or chapter of this Code or any other ordinance or resolution of the City. Any references made or contained in any other title or chapter of this Code to any permits, licenses, taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the permits, licenses, taxes, fees or charges, or schedule of license fees, provided for in other titles or chapters of this Code unless otherwise expressly provided. (Ord. 1853, 5-7-2019)
15-100: VIOLATION DEEMED MISDEMEANOR AND OTHER REMEDIES:
Any person who violates any provision of this article or who other than by a sworn statement, knowingly or intentionally misrepresents to any officer or employee of the City any material fact herein required to be provided is guilty of a misdemeanor punishable as provided in section 1-9 of this Code. A person who on a sworn statement states as true a material fact that he or she knows to be false is guilty of perjury. Additionally, the City may avail itself of any remedies or enforcement provisions provided for in this Code. (Ord. 1853, 5-7-2019) 15-101: ACTIONS TO COLLECT:
The amount of any tax, fee, penalty and/or interest imposed pursuant to this chapter shall be deemed a debt owed to the City. An action may be commenced in the name of the City in any court of competent jurisdiction, for the amount of any delinquent tax, fees, penalties and interest thereon. (Ord. 1853, 5-7-2019)
15-102: SEVERABILITY:
If any provision of this chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable. (Ord. 1853, 5-7-2019)
15-103: REMEDIES CUMULATIVE:
All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (Ord. 1853, 5-7-2019)
15-104: AMENDMENT OR REPEAL:
This article may be repealed or amended by ordinance of the Porterville City Council. (Ord. 1853, 5-7-2019)
15-105: PENALTIES:
Any entity that fails to pay the taxes and/or fees required by this Code or the Development Agreement within fifteen (15) days after the due date shall pay in addition to those taxes and/or fees a penalty for nonpayment in the sum equal to twenty five percent (25%) of the total amount due. Additional penalties will be assessed in the following manner: ten percent (10%) shall be added on the first day of each calendar month following the month of the imposition of the twenty five percent (25%) penalty if the fee remains unpaid - up to a maximum of one hundred percent (100%) of the fee payable on the due date. Receipt of the fee payment by the City shall govern the determination of whether the fee is delinquent.
Postmarks will not be accepted as adequate proof of a timely payment. (Ord. 1853, 5-7- 2019)
ARTICLE VIII. ROTATIONAL TOW SERVICES
SECTION:
15-110: Purpose
15-111: Definitions
15-112: Rules And Specifications
15-113: Number Of Towing Operators Determined
15-114: Application For Rotation Tow List
15-115: Referral To The Patrol Division Commander
15-116: Towing Rotation List
15-117: Appeal
15-118: Annual Renewal Application
15-119: Removal From The Rotation List
15-120: Execution Of Agreements
15-121: Exceptions
15-122: Authority For City To Maintain Its Own Towing Operations And Towing Storage Yard
15-123: Violation; Penalty
15-110: PURPOSE:
The city council hereby finds that it is in the public interest to establish a rotation list for towing services to provide the police department with an expedient means of moving damaged and disabled vehicles, illegally parked vehicles, vehicles that must be moved for safekeeping and evidentiary purposes, and abandoned, wrecked, dismantled or inoperative vehicles constituting a nuisance. (Ord. 1743, 7-1-2008) 15-111: DEFINITIONS:
CHIEF: The chief of police of the city. For purposes of this article, "chief" also includes any appropriate designee of the chief of police.
DEPARTMENT: The city police department.
ELIGIBILITY LIST: The city's list of towing operators who have filed an application to participate in the rotation list and who the chief has determined to be qualified to participate in the rotation list.
PATROL DIVISION COMMANDER: The person commanding the patrol division of the department.
ROTATION LIST: The city's list of towing operators who have been selected from the eligibility list to be used by the department for the purpose of providing tow truck services in accordance with the provisions of this article.
RULES AND SPECIFICATIONS: The city's rules and specifications for towing services, drivers and vehicle storage facilities, which shall be promulgated by the patrol division commander pursuant to section 15-112 of this article.
TOW OR TOWING: The act of moving damaged or disabled vehicles, illegally parked vehicles, vehicles that must be moved for safekeeping and evidentiary purposes, and abandoned, wrecked, dismantled or inoperative vehicles constituting a nuisance.
TOW TRUCK: A motor vehicle that has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, towbar, towline, dolly or rollback carrier or is otherwise used to render emergency assistance to disabled and other vehicles.
TOWING OPERATOR: Any person, firm or corporation with a valid business license from the city and engaged in the business of towing and storing vehicles in the city. (Ord. 1743, 7-1-2008)
15-112: RULES AND SPECIFICATIONS:
A. The patrol division commander shall promulgate written rules and specifications governing the provision of towing services, the qualifications and conduct of drivers, and the requirements for vehicle storage facilities. The rules and specifications may be modified from time to time as deemed appropriate by the chief. All towing services provided pursuant to the rotation list shall be subject to the requirements set forth in the rules and specifications.
B. The rules and specifications shall include, but not be limited to, provisions requiring that all towing operators participating in the rotation list do the following:
1. Obtain a city business license;
2. Enter into a tow service agreement (TSA) with the city;
3. Pass a background check as determined by the patrol division commander; and
4. Abide by the provisions of this article and the rules and specifications promulgated by the patrol division commander and the tow service agreement. (Ord. 1743, 7-1- 2008)
15-113: NUMBER OF TOWING OPERATORS DETERMINED:
A. The patrol division commander shall determine the number of towing operators needed to provide towing services to the police department. On or before July 1 of each calendar year, the patrol division commander shall make a determination as to the appropriate number of towing operators to be placed on the rotation list for the following year. The patrol division commander's determination shall be based upon the number of towing service providers that may be required for the public convenience and necessity and for the efficient operation of the department. In determining the required number of towing operators, the patrol division commander shall consider the following factors:
1. The operational needs of the police department;
2. The population growth in the city;
3. The additional land area annexed into the city;
4. The number of currently authorized towing operators and their average response times;
5. The administrative burdens imposed by the number of towing operators to be included on the rotation list; and
6. Other relevant, objective factors to be determined by the patrol division commander.
B. The patrol division commander's determination shall be made in writing and shall include the number of towing operators to be included on the rotation list. (Ord. 1743, 7- 1-2008)
15-114: APPLICATION FOR ROTATION TOW LIST:
A. Any person requesting to be on the PPD rotation tow listing shall submit a letter of interest to the patrol division commander between July 1 and July 15 of each calendar year. This letter of interest shall be accompanied by:
1. A signed Porterville police department tow service agreement;
2. A completed rotation tow listing application (CHP 234A); a. Under CHP area on the form, mark N/A;
3. A completed tow operator/driver information form (CHP 234F) for each person who will be driving for the business; and
4. All documentation required by the Porterville police department tow service agreement, including documentation of a satisfactory level one inspection and local tow truck inspection. (Ord. 1743, 7-1-2008)
15-115: REFERRAL TO THE PATROL DIVISION COMMANDER:
A. During July of each calendar year, an open enrollment meeting shall be conducted to discuss any changes in the new TSA as well as any issues concerning the rotation tow program. Upon receiving an application, the patrol division commander shall cause an investigation to be conducted to determine the applicant's qualifications to comply with the provisions of this article. Within thirty (30) days after the filing of the application, the patrol division commander shall determine whether the towing operator is eligible for the rotation list. The patrol division commander shall determine eligibility pursuant to guidelines set forth in the rules and specifications. If the patrol division commander determines that a towing operator is qualified, the towing operator's name shall be placed on the eligibility list. Qualified towing operators shall be placed on the eligibility list in the order in which their complete applications were received. If the patrol division commander determines that a towing operator is not qualified, the towing operator shall receive a written statement of the reasons for the patrol division commander's decision.
1. In response to the department's duty to protect the public, and upon completion of a background check, the patrol division commander may disqualify an operator or driver for various reasons. These reasons include, but are not limited to:
a. Prior felony conviction.
b. Pattern of thefts.
c. Crimes of moral turpitude. (Ord. 1743, 7-1-2008)
15-116: TOWING ROTATION LIST:
A. Towing operators selected to provide towing services to the city and to participate in the rotation list shall abide by the rules and specifications set forth in this article and the tow service agreement.
B. Based on the number of towing operators needed, as determined by the patrol division commander pursuant to section 15-113 of this article, the patrol division commander shall select from the eligibility list the appropriate number of towing operators to be placed on the rotation list and participate in the towing rotation program for the following year. The patrol division commander shall select towing operators from the eligibility list in the order in which their complete applications were received. If a towing operator is currently on the rotation list and is deemed to be in good standing, that operator shall be granted a place on the next rotation list providing they meet the terms and conditions set forth in the TSA for that year.
C. When the patrol division commander or chief of police determines that an emergency exists, nothing shall prohibit a city employee from requesting services from a towing operator who is not on the list.
D. The rotation list may be amended from time to time as part of the chief's promulgation or modification of the rules and specifications. (Ord. 1743, 7-1-2008) 15-117: APPEAL:
Any applicant deemed ineligible by the patrol division commander shall have the right to appeal the decision to the chief of police. Appeals must be made by filing a notice of appeal with the chief of police within ten (10) days of receipt of a notice of the patrol division commander's decision. The chief of police shall hear the appeal within thirty (30) days after the appeal is filed. The chief of police shall notify the applicant of the decision within ten (10) days after the decision is made. The chief of police may affirm or overrule the patrol division commander's decision. The chief of police's decision shall be final. (Ord. 1743, 7-1-2008) 15-118: ANNUAL RENEWAL APPLICATION:
To continue to participate in the rotation program, each towing operator on the rotation list must file with the patrol division commander a renewal application for the following year. The renewal application must be filed during the annual enrollment period in the year prior to the year for which the renewal is sought. The application must describe any changes regarding the information in the original application. If there are no material changes and if the patrol division commander determines that the towing operator has performed well during the preceding year, the patrol division commander may place the towing operator on the rotation list for the following year. If there are material changes or if the patrol division commander determines that the towing operator has not performed well, the renewal application will be treated as if it were an original application and will be subject to the procedures for reviewing new applications, as set forth in this article and in the rules and specifications. (Ord. 1743, 7-1-2008)
15-119: REMOVAL FROM THE ROTATION LIST:
A. The patrol division commander may remove a towing operator from the rotation list on any of the following grounds:
1. A finding that a towing operator falsified any portion of its application or failed to include required or important information on the application;
2. A finding that the towing operator has failed to comply with or violated any of the terms or conditions of either this article, the towing service agreement or the rules and specifications;
3. A finding that the towing operator has engaged in misconduct or a pattern of behavior, by or through its agents or otherwise, that is either inconsistent with the goals of providing quality service to the community or not in the best interests of the city or its residents.
B. If the towing operator does not agree with the patrol division commander's decision to remove the towing operator from the rotation list, it may file an appeal with the chief of police, following the procedures set forth in section 15-117 of this article. (Ord. 1743, 7- 1-2008)
15-120: EXECUTION OF AGREEMENTS:
All towing operators selected to participate in the rotation list shall enter into a towing service agreement with the city. The written agreement shall be in a form approved by the city attorney. (Ord. 1743, 7-1-2008)
15-121: EXCEPTIONS:
Nothing in this article shall prohibit or otherwise restrict owners or operators of a vehicle from selecting and calling a towing vehicle of their own choice. (Ord. 1743, 7-1-2008) 15-122: AUTHORITY FOR CITY TO MAINTAIN ITS OWN TOWING
OPERATIONS AND TOWING STORAGE YARD:
Nothing in this article shall be construed to restrict or prohibit the city from conducting its own towing operations or maintaining its own towing storage yard, either in lieu of or in addition to the towing services provided by and the towing storage yards maintained by any towing operator participating in the rotation list. (Ord. 1743, 7-1-2008) 15-123: VIOLATION; PENALTY:
Any towing operator or officer, official, employee or agent thereof who violates any provision of this article shall be guilty of a misdemeanor. In addition to any other penalties, any towing operator violating any provision of this article shall be subject to removal from the rotation list. (Ord. 1743, 7-1-2008)
ARTICLE IX. MASSAGE BUSINESSES AND
PRACTITIONERS
SECTION:
15-124: Applicability Of Chapter
15-125: Definitions
15-126: Exemptions
15-127: Requirements For Individuals Practicing Massage 15-128: Requirements For Massage Businesses
15-129: Violations
15-130: City Registration Certificate Suspension Or Revocation 15-131: Denial/Appeals
15-132: Conditions Of Approval
15-133: Hearing Fees
15-134: Reapplication After Denial Or Revocation
15-135: No Refund Of Fee
15-136: Inspection By Officials
15-137: Notifications
15-138: Business Location Change
15-139: Sale Or Transfer Of Massage Business Interest
15-124: APPLICABILITY OF CHAPTER:
A. Except as otherwise provided, all of the provisions of this chapter shall be applicable to all massage businesses and all massage practitioners operating within the city of Porterville. This article shall not be construed in a manner that is inconsistent with any state law governing the practice of massage.
B. Any massage business that is legally operating under a city of Porterville business license as of the date of adoption hereof may procure a registration certificate pursuant to this article without having achieved CAMTC certification, so long as that business continues to operate without change in ownership and in good standing with all applicable provisions of state, federal, and Porterville laws and regulations, and otherwise complies with this article in its entirety. (Ord. 1831, 1-19-2016) 15-125: DEFINITIONS:
As used in this article:
ANCILLARY MASSAGE SERVICES: Those services where less than twenty percent (20%) of the gross floor area of the business is devoted to massage.
CALIFORNIA MASSAGE THERAPY COUNCIL OR CAMTC: The massage therapy organization formed pursuant to chapter 10.5 of division 2 of the Business And Professions Code sections 4600 et seq.
CERTIFIED MASSAGE PRACTITIONER OR THERAPIST: Any individual certified by the California massage therapy council (CAMTC) as a certified massage therapist, certified massage practitioner, or conditionally certified massage practitioner pursuant to chapter
10.5 of division 2 of the California Business And Professions Code sections 4600 et seq.
CITY: The city of Porterville, California.
CITY MANAGER: The city manager of the city of Porterville or designee.
CITY REGISTRATION CERTIFICATE OR REGISTRATION CERTIFICATE OR REGISTRATION: A certificate issued by the city to a massage business to practice massage for compensation pursuant to this article.
CLIENT: The customer or patron who pays for or receives massage services.
COMMUNITY DEVELOPMENT DIRECTOR: The Director of Planning and Engineering of the city of Porterville or designee.
COMPENSATION: The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
DAY: Calendar day, unless otherwise specifically expressed.
DISQUALIFYING CONDUCT: Any of the following:
A. Within five (5) years immediately preceding the date the city registration application was filed, or any time thereafter, the person has been convicted in a court of competent jurisdiction of the commission of or any attempt to commit, directly or indirectly, or assisting in or abetting the commission of, or conspiring to commit:
1. A violation of any provision of law pursuant to which a person is required to register under the provisions of California Penal Code section 290;
2. Any violation of California Penal Code sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 314, 315, 316, 318, 653.22, 653.23 or subsections (a), (b) or (d) of section 647;
3. Any other crime involving dishonesty, fraud, deceit, or moral turpitude;
4. A violation of California Penal Code section 415, 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the crimes previously listed in subsections A1 through A3 of this definition;
5. Any crime committed while engaged in the management or ownership of a massage business or the practice of massage;
6. A violation of California Health And Safety Code sections 11054, 11055, 11056, 11057, or 11058; or
7. Any offense in another state or territory of the United States which is the equivalent of any of the above offenses.
B. Within five (5) years of the date immediately preceding the date the application was filed, or any time thereafter, any applicant whose city registration certificate, CAMTC certification, or trainee registration certificate or permit, which was issued by the state of California or any county or city has been suspended or revoked for good cause; C. Committing or maintaining a nuisance pursuant to California Penal Code sections 11225 through 11235, and/or Health And Safety Code sections 11570 et seq., for which a permanent injunction was issued, or committing a violation of any similar provisions of law in another state or territory of the United States; or D. Committing a violation of any provision of this article provided that the applicant received timely notice of the violation.
EMPLOYEE: Any person hired by a massage business or owner who renders any service for the business/owner in exchange for any form of compensation from the business.
FINANCE DIRECTOR OR DIRECTOR: The Director of Planning and Engineering of the city of Porterville or designee.
HEARING OFFICER: The administrative hearing officer appointed by the city manager to conduct an administrative hearing pursuant to this article.
MANAGER: The person(s) designated by the massage business owner to act as the representative and agent of the owner in managing day to day operations with corresponding responsibilities. The term "manager" may also include an owner.
MASSAGE BUSINESS OR BUSINESS: Any business that offers massage therapy in exchange for compensation. Any business that offers any combination of massage therapy and bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a massage business under this article. The term "massage business" includes a certified massage practitioner or therapist who is the sole owner, operator and employee of a massage business operating as a sole proprietorship.
For purposes of this article, "massage business" shall include, without limitation, the advertising and soliciting of massages, and includes, but is not limited to, a certified massage practitioner or therapist who is the sole owner, operator and employee of a massage business operating as a sole proprietorship, as well as a massage business which employs certified massage practitioners or therapists.
MASSAGE BUSINESS OWNER OR OWNER: Any of the following persons:
A. Any person who is a general partner of a general or limited partnership that owns a massage business.
B. Any person who has a five percent (5%) or greater ownership interest in a corporation that owns a massage business.
C. Any person who is a member of a limited liability company that owns a massage business.
D. Any person who has a five percent (5%) or greater ownership interest in any other type of business association that owns a massage business.
MASSAGE OR MASSAGE THERAPY: The skillful application of touch, including, but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, hellerwork and reflexology.
RECEPTION AREA: An area immediately inside the front door of the massage business dedicated to the reception and waiting of clients of the massage business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
REGISTRATION CERTIFICATE HOLDER: The applicant named on the application for a registration certificate and all massage business owners.
RENT-SPACE MASSAGE THERAPIST OR RENT-SPACE THERAPIST: A person who practices massage at a massage business but is not an employee of the business.
SOLE PROPRIETORSHIP: Means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.
VISITOR: Any person who enters a massage business and who is neither a client, owner, manager, nor employee of the business. (Ord. 1831, 1-19-2016; Ord. XXXX, [date].) 15-126: EXEMPTIONS:
The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:
A. Complete exemption. The requirements of this chapter shall not apply to the following individuals:
1. Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of the licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.
2. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this exemption shall only apply if the massaging of the neck, face and/or scalp, hands or feet of the clients is ancillary to the primary service being provided by the barber or beautician.
3. Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.
4. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.
5. Any other business or profession exempt from the provisions of this chapter by state law.
B. Limited Exemption. In addition to any other applicable provisions of this article, businesses that offer ancillary massage services shall only be required to comply with the provisions set forth in this section for the massage portion of the business. The business shall comply with the following provisions:
1. Massage services must be performed by a certified massage practitioner or therapist;
2. Subsection 15-128 F of this article related to facility requirements as they pertain to the portion of business that is utilized for massage;
3. Subsection 15-128 G of this article related to operational requirements; and
4. Section 15-136 of this article related to inspections.
C. Additional Limited Exemption/Temporary Permit. An individual who is currently not a certified massage practitioner or therapist by CAMTC as defined in Section 15-125 , due to his or her school having closed on or before June 30, 2016, may obtain a license to practice massage therapy for compensation as a sole practitioner or therapist or employee of a massage business for one six-month period, pending CAMTC certification under its Closed School Policy(ies), provided that all the following requirements are met:
1. Prior to applying for a permit under this section, he or she possesses a valid business license for massage therapy services and was at all times in good standing in another U.S. city’s jurisdiction.
2. The individual provides sufficient evidence to and as determined by the City of Porterville that he or she is applying to the CAMTC for certification as a certified massage therapist or practitioner.
3. The individual provides evidence of current membership with the Associated Bodywork & Massage Professionals, including proof of current insurance coverage obtained through that Association.
4. The individual’s business location and operations must comply with all other provisions of this Article and Chapter 21 of the Porterville Municipal Code. A NonCAMTC certified owner of a business where an individual will be engaging in massage therapy services shall continue to be required to comply with all applicable requirements specified in Article IX, including but not limited to 15-128 B.il, even if the massage therapy services qualify as ancillary massage services.
5. If the individual does not receive his or her CAMTC certification within the period specified above, the permit shall expire and the individual will no longer be able to practice massage therapy services in the City. The City may extend the permit for a maximum of one additional six-month period, upon a showing by the individual that CAMTC certification/approval is pending, after which no further extensions shall be granted.
D. Furnish Evidence: Any person claiming an exemption under this section shall furnish satisfactory evidence to the city manager upon request that he or she is entitled to the exemption, including, proof of bona fide employment or, if applicable, a citation to the particular provision of state law upon which that person relies. (Ord. 1831, 1-19-2016; amd. Ord. 1851, 3-5-2019; Ord. XXXX, [date].)
15-127: REQUIREMENTS FOR INDIVIDUALS PRACTICING MASSAGE:
It shall be unlawful for any individual to practice massage therapy for compensation as a sole practitioner or therapist or employee of a massage business or in any capacity within the city unless that individual is a certified massage practitioner or therapist. (Ord. 1831, 1- 19-2016)
15-128: REQUIREMENTS FOR MASSAGE BUSINESSES:
A. Requirements: It shall be unlawful for any massage business to provide massage services unless all of the following requirements are met:
1. All of the individuals employed by the massage business to perform massage are certified massage practitioners or therapists;
2. The business has a valid city business license under this chapter; and
3. The business has a valid city registration certificate under this article.
B. Application For City Registration Certificate: The application for new and renewal city registration certificates shall include the following information, without limitation, and an application fee in an amount established by city council resolution:
1. The legal name, address and telephone number of the massage business.
2. A floor plan indicating how the use is proposed to be conducted within the premises, a list of services to be provided, and a description of any other business operated on the same premises.
3. Legal names of all owners of the massage business and the names of all managers.
4. Home address and telephone number and business address and telephone number of all owners of the massage business, and any previous home addresses for a period of five (5) years immediately prior to the date of the application and the dates of residence at each.
5. For all owners, a valid and current driver's license and/or photo identification issued by a state or federal governmental agency, or other photographic identification bearing a bona fide seal by a foreign government.
6. The form of business under which the massage business will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).
7. For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business And Professions Code section 4600 et seq., any local, state, or federal law, or the provisions of this article may result in revocation of the business's city registration certificate.
8. The massage license and registration history of all of the owners, including whether the owner has operated any massage business or similar business or occupation within any other county, city, or state; and whether or not the applicant, in previously operating a massage business, has had the license or registration certificate revoked, suspended, or denied. In the case of revocation, suspension, or denial, the owner shall also include within the form the reason(s) therefor, and any employment obtained subsequent to any revocation, suspension or denial.
9. The employment history of each owner for five (5) years preceding the date of the application, the inclusive dates of the employment history, and the name and address of any massage business or similar business owned by the individual, whether inside or outside the city. Employment history shall also include whether the owner, including a corporation or partnership, or a former employer of the applicant while so employed, was ever subjected to an abatement proceeding under California Penal Code sections 11225 through 11235, or any similar provisions of law in a jurisdiction outside the state.
10. For each owner of the massage business that is a certified massage practitioner, a copy of that person's current certification from the California massage therapy council as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner, and copy of that person's CAMTC issued identification card.
11. For each owner that is not CAMTC certified, current fingerprints taken by the city of Porterville police department or a certified and approved California live scan fingerprinting center for the purpose of conducting a background check on behalf of the city, to determine the criminal history of the applicant, including whether the applicant has been convicted of any felony, misdemeanor, infraction, or municipal code violation, or has been held liable for any administrative or civil action, for an act that is substantially related to the practice of massage or disqualifying conduct.
12. The name of each person the massage business employs or retains to perform massage therapy for compensation. For each person the massage business does or will employ or retain to perform massage therapy for compensation, a copy of that person's current certification from the California massage therapy council as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner and a copy of that person's CAMTC issued identification card for each certified massage practitioner.
13. The name and address of the owner of the real property upon, in, or from which the massage business is to be operated. In the event the applicant or owner is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the massage business and the property owner authorizing use of the premises for a massage business, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage business will be operated by the applicant upon, in, or from the property owner's property.
14. Proof of current and valid workers' compensation insurance from an insurer authorized to do business in California, in an amount as required by law.
15. Authorization for the city, its employees and agents to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the registration certificate.
16. The name of the individual to receive notices on behalf of the business.
17. Any other identification and information necessary to discover the truth of the matters required to be set in the application.
C. Changes To Application Information: Any changes to the application information during the period the city is reviewing the application shall be immediately reported to the city. Failure to report these changes shall result in denial of application.
D. Approval Or Denial Of City Registration Certificate And Massage Business Registration Certificate Renewals:
1. Within thirty (30) days following receipt of a completed application, the Director of Planning and Engineering shall either issue the registration certificate or mail a written statement of the reasons for denial as set forth below. The director shall deny a registration certificate to the applicant where any of the following conditions exist:
a. The applicant or any owner has procured or attempted to procure a registration certificate or other license by fraud, misrepresentation or material misstatement;
b. The applicant or any owner is a person who, as established by clear and convincing evidence, has engaged in "disqualifying conduct" as defined in this article within five (5) years immediately preceding the date of filing of the application;
c. The massage business, as proposed by the applicant, if permitted, would not comply or has not complied with all the applicable laws, including, but not limited to, all the city's building, fire, zoning, and health regulations; d. The applicant or any owner has violated any provision of this article, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage businesses;
e. The applicant is less than eighteen (18) years of age; f. The application is incomplete and the required supplementary documents were not submitted within twenty (20) days of a request for these documents by the Director of Planning and Engineering;
g. The applicant or any owner has been denied for good cause a business registration certificate or license; has had their registration certificate or registration revoked, suspended, or restricted for good cause; has been proven to have violated any ordinance related to the practice of massage; or has had any other disciplinary action taken for good cause against them by another city, state, county or territory of the United States, or by any other government agency; or
h. The applicant or any owner is indebted to the city for any unpaid fee or fine.
2. If prosecution is pending against the applicant or any owner for either conduct violating this article's provisions or conduct violating Business And Professions Code section 4600 et seq., the director may postpone the decision on the application until the prosecution's final resolution. As used in this subsection, "prosecution" means charges filed by the district attorney, administrative proceedings brought by a local government or agency, or a civil or criminal action maintained by the Porterville city attorney or prosecution attorney.
E. Written Notice Of Denial: Upon determining that grounds for denial exist, the Director of Planning and Engineering shall furnish written notice of the denial to the applicant.
The notice shall summarize the principal reasons for the denial, shall state that the applicant may request an appeal pursuant to section 15-131 of this article, and shall be delivered by mail to the applicant as that name and address appear on the application.
F. Facilities Prerequisite To Registration Certificate Issuance: A registration certificate shall not be issued pursuant to this article unless an inspection reveals that the business complies with each of the following minimum requirements of this article and chapter 21 of this code:
1. Facility Requirements:
a. No massage or massage services shall be given in a business, or premises registered pursuant to this article, in any room or space enclosed or divided by walls and fitted with a door capable of being locked from the inside. This section shall not apply to the business's external doors and shall not operate to prohibit a massage business from locking its external doors if the business is a business entity owned by one individual with one or no employees or independent contractors.
b. A list of services available and the cost of the services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and any other languages that the business chooses. Only services on the posted list shall be performed.
c. Minimum lighting consisting of at least one artificial light of not less than forty (40) watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.
d. Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles. e. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities, shall be in good repair and maintained in a clean and sanitary condition.
f. Adequate bathing, dressing, locker and toilet facilities shall be provided for clients. A minimum of one tub or shower; one dressing room containing a separate locker for each client to be served, which locker shall be capable of being locked; as well as a minimum of one toilet and washbasin, shall be provided in every massage business; provided, however, that if male and female clients are to be served simultaneously at the business, separate bathing, massage room(s), dressing room(s), and toilet facilities shall be provided for male and female clients.
This requirement may be modified upon approval of the city manager if the services provided or site plan do not necessitate some or all of these facilities. g. A minimum of one washbasin for employees shall be provided at all times. The basin shall be located within, or as close as practicable, to the area devoted to performing massage services. Sanitary towels shall also be provided at each basin. Hot and cold running water shall be provided at all times. h. In the reception area, in letters that are a minimum of one inch (1") in height, a notice in English (and any other language that the business chooses) that provides information substantially as follows:
THIS MASSAGE BUSINESS AND THE MASSAGE ROOMS DO NOT PROVIDE
COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY AND
HEALTH OFFICIALS WITHOUT PRIOR NOTICE
i. No room or space enclosed or divided by walls and fitted with a door where massage or massage services are performed shall be equipped with any electronic, mechanical, or artificial device used or capable of being used, for the recording or videotaping of visual images and/or sound. j. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed or required.
k. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. The tables shall be sanitized after each use.
l. A massage business shall operate only under the name specified in its city registration certificate.
m. No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.
G. Operating Requirements:
1. Massage may be provided only between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. No massage business shall be open and no massage services shall be provided between nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. A massage commenced prior to nine o'clock (9:00) P.M. shall nevertheless terminate at nine o'clock (9:00) P.M., and all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at nine o'clock (9:00) P.M.
2. The owner and manager of a massage business shall be responsible for displaying the city registration certificate and the CAMTC registration certificate of each and every certified massage practitioner or therapist employed in the business in an open and conspicuous place on the premises. Passport size photographs of the registration certificate holder shall be affixed to the respective registration certificate on display pursuant to this section.
3. For each massage service provided, every massage business shall keep a complete and legible written record of the following information:
a. The date and hour that service was provided;
b. The service received;
c. The name or initials of the employee entering the information; and d. The name of the employee administering the service.
The records shall be open to inspection and copying by the Porterville police department, or other city officials charged with enforcement of this article. These records may not be used by any massage business owner or employee for any purpose other than as records of service provided and may not be provided to other parties by any person unless otherwise required by law. The records shall be retained on the premises of the massage business for a period of two (2) years.
4. All massage business owners and their employees shall wear clean outer garments. The garments shall not include any of the following:
a. Attire that is transparent or see through, or substantially exposes the employee's undergarments;
b. Swim attire, if not providing a water-based massage modality accepted by the California massage therapy council;
c. Attire that exposes the employee's genitals, pubic areas, buttocks, or breasts; d. Attire worn in a manner that constitutes a violation of California Penal Code section 314;
e. Attire worn in a manner that is otherwise deemed by the California massage therapy council to constitute unprofessional attire based on the custom and practice of the profession in California.
5. At all times during the massage, the client's genitals shall be fully covered and contact shall not be made with the genitals.
6. The premises' exterior doors and the doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during the business hours (including electronic locking devices) or when clients are present. External doors may only be locked during business hours if the massage business is a business entity owned by one individual with one or no employees or independent contractors who are not employees of the business and there is no staff available to assure security for clients and massage staff behind closed doors.
7. During hours of operation, no person other than the listed manager on duty, an employee, or a client shall be allowed beyond the reception area of the massage business.
8. Clients and visitors shall only be permitted in the massage business during the hours of operation.
9. Visitors shall only be permitted in the reception area of the massage business.
10. Clients shall only be permitted in massage treatment areas if at least one massage practitioner is on the premises.
11. The massage business shall be supervised, during all hours of operation, by a manager specified in the city's registration application. The name of the manager on duty shall be posted in a conspicuous place within the reception area daily.
12. The owner and manager shall maintain a register of all employees or rent-space massage therapists. The employee register shall be maintained on the premises for a minimum period of two (2) years following an employee's termination. The owner and manager shall make the employee register immediately available for inspection upon demand by a representative of the Porterville police department or the city at all reasonable times. The employee register shall include, but not be limited to, the following information:
a. The name, nicknames and/or aliases used by an employee or rent-space massage therapist.
b. A good quality color photocopy of a lawfully issued CAMTC certificate for each employee and rent-space therapist that provides massage services. c. The employee's or rent-space therapist's home address and relevant phone numbers (including, but not limited to, home and cellular numbers). d. The employee or rent-space therapist's age, date of birth, gender, height, weight, color of hair and eyes.
e. The date of employment and termination, if applicable, or, in the case of a rent-space therapist, the start and end dates of the lease agreement, as well as a copy of the agreement for all employees.
f. The duties of each employee.
13. While the city registration is in effect and at all times during operation, the massage business shall fully maintain current and valid workers' compensation insurance as required by law. Proof of insurance shall be maintained on the premises at all times.
14. The massage business shall apply to the city for an amended city registration certificate within twenty (20) days after the occurrence of any circumstance which changes the registration information initially provided to the city pursuant to this section, including, but not limited to, the termination of certified massage practitioners or therapists. There shall be no charge for an amended registration certificate unless the director determines that the changes are substantial and a new certificate is required.
H. City Registration Certificate: A city registration certificate issued pursuant to the terms of this article shall be valid for a term of one year from the date of issuance and, unless suspended or revoked, may be renewed annually upon application by the massage business owner so long as the massage business is operating within the city. No registration certificate shall confer any vested right to any person or business for more than the registration period. (Ord. 1831, 1-19-2016; Ord. XXXX, [date].) 15-129: VIOLATIONS:
A. In addition to any other remedy available under the law, violations of this article are subject to all applicable remedies within this code, including, but not limited to, section 1-9 of this code and/or the administrative citations and penalties provisions in chapter 1 of this code.
B. Any massage business operated, conducted, or maintained contrary to the provisions of this article shall constitute an unlawful business practice pursuant to Business And Professions Code section 17200 et seq., and the city attorney or district attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by this article, commence an action or actions, proceeding or proceedings in the superior court of Tulare County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including, but not limited to, fines, attorney fees and costs. All remedies provided for in this article are cumulative.
C. It shall be unlawful and a public nuisance for a massage business to be operated, conducted, or maintained contrary to the provisions of this article. The city may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law. (Ord. 1831, 1-19-2016)
15-130: CITY REGISTRATION CERTIFICATE SUSPENSION OR REVOCATION:
A. In addition to any other remedy available to the city under this code or state law, any registration certificate may be suspended or revoked by the director where it is found by substantial evidence that any of the following have occurred:
1. The registration certificate holder and/or agent has violated any provision of this article or the grounds for denial of the registration certificate exist;
2. The registration certificate holder and/or agent is a person who has engaged in "disqualifying conduct" as defined in this article;
3. The registration certificate holder and/or agent has failed to comply with one or more of the facilities and operations requirements of this article;
4. The registration certificate holder and/or agent has engaged in fraud, misrepresentation, or false statement in conducting the massage business;
5. The registration certificate holder and/or agent has continued to operate the massage business after the city registration certificate or registration has been suspended; or
6. The registration certificate holder and/or agent has failed to apply with the city for an amended city registration certificate within twenty (20) days after the occurrence of any circumstance which substantially changes the registration information initially provided to the city pursuant to section 15-128 of this article, including, but not limited to, the termination of certified massage practitioners or therapists; or
7. Massage treatments have been performed on the premises of the massage business, with or without the registration certificate holder's actual knowledge, by any person who:
a. Does not have a valid CAMTC certification; or
b. As established by clear and convincing evidence, has engaged in conduct or has been convicted of the offenses described as disqualifying conduct. (Ord. 1831, 1-19-2016)
15-131: DENIAL/APPEALS:
A. Notice of denial, suspension or revocation shall contain a statement of the violation(s) which constitute the basis for the suspension or revocation and information about the right to appeal. Notice of the suspension or revocation shall be given by first class mail to the owner and real property owner at the addresses shown on the registration certificate. Service shall be deemed complete when the notice is mailed by first class mail. The owner shall have ten (10) calendar days from the date the notice is served to appeal to the Director of Planning and Engineering in writing and upon payment of a fee in an amount established by city council resolution. Upon issuance of a notice of suspension or revocation, the registration certificate shall be surrendered and no massage activity may occur while any appeal proceeds.
B. Upon receipt of an appeal, the Director of Planning and Engineering shall appoint a hearing officer. A hearing shall be scheduled upon not less than ten (10) calendar days and not more than thirty (30) days, unless extended by mutual agreement. Notice of the hearing shall be given by first class mail to the owner and real property owner at the address shown on the registration certificate. Service shall be deemed complete when the notice is mailed.
C. The hearing officer's jurisdiction is limited to determining whether evidence exists to provide grounds for the registration certificate denial, suspension or revocation.
D. The city shall provide proof of any violations by a preponderance of the evidence.
Formal rules of evidence shall not apply to the hearing.
E. The hearing officer shall:
1. Receive evidence regarding the proposed suspension, revocation or certificate denial.
2. Maintain a record of all evidence introduced.
3. Record the hearing.
4. Consider the nature, volume, severity, and frequency of any violations.
5. Decide whether grounds exist of the suspension or revocation or denial.
6. Issue a written decision within seven (7) days of the hearing that includes the factual and legal basis of the decision and a notice of the appeal rights contained in this article.
F. The hearing officer's decision shall be final upon mailing by first class mail to the owner and real property owner at the address listed on the registration certificate.
G. The hearing officer's decision is subject to review pursuant to California Code Of Civil Procedure section 1094.6. (Ord. 1831, 1-19-2016; Ord. XXXX, [date].) 15-132: CONDITIONS OF APPROVAL:
The director or hearing officer may condition any city registration certificate if they find that grounds for denial or revocation of a registration certificate exist. (Ord. 1831, 1-19-2016) 15-133: HEARING FEES:
All hearings held as provided in this article may be subject to a filing fee in an amount established by the city council resolution. (Ord. 1831, 1-19-2016) 15-134: REAPPLICATION AFTER DENIAL OR REVOCATION:
A. An applicant for a city registration certificate under this article whose application for registration has been denied may not reapply for registration for a period of two (2) years from the date of the denial. However, a reapplication prior to the termination of two (2) years may be made if accompanied by evidence that the ground(s) for denial of the application no longer exist. Notwithstanding, if an application or renewal is denied due to criminal activity at the business, no reapplication for a new massage business at the same location will be accepted within two (2) years after the effective date of the denial.
B. A registration certificate holder under this article whose registration or renewal has been revoked or denied may not reapply for a registration certificate for a period of two (2) years from the date of the revocation or denial.
C. If an application or renewal is denied due to criminal activity at the business, no reapplication for a new massage business at the same location will be accepted within two (2) years after the effective date of the denial. (Ord. 1831, 1-19-2016) 15-135: NO REFUND OF FEE:
No refund or rebate of a registration certificate fee shall be allowed regardless of whether the city registration certificate has been suspended or revoked, or because the registration certificate holder discontinues an activity for which a city registration certificate is required pursuant to this article. (Ord. 1831, 1-19-2016)
15-136: INSPECTION BY OFFICIALS:
The investigating and enforcing officials, including, but not limited to, the Porterville police department; Tulare County health department; or the city's Director of Planning and Engineering, code enforcement, or building and safety officials, or their designees, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this article. (Ord. 1831, 1-19-2016; Ord. XXXX, [date].)
15-137: NOTIFICATIONS:
A massage business shall immediately report to the city's business license department any of the following:
A. Arrests of any employees, owners, or managers of the registrant's massage business for an offense other than a misdemeanor traffic offense; B. Resignations, terminations, or transfers of certified massage practitioners or therapists employed by the registrant's massage business;
C. The occurrence of any event involving the registrant's massage business or the massage practitioners or therapists employed there that constitutes a violation of this article or state or federal law. (Ord. 1831, 1-19-2016) 15-138: BUSINESS LOCATION CHANGE:
Upon a change of location of a massage business, a new application shall be made to the director for a city registration certificate pursuant to the requirements of section 15-128 of this article prior to commencing operation at the new location. The application shall be granted, provided all applicable provisions of this article and chapter 21 of this code are complied with, and a change of location fee in an amount established by city council resolution to defray the costs of investigation and report has been paid to the city. A new location shall be subject to an inspection under section 15-136 of this article before a new registration will be issued. (Ord. 1831, 1-19-2016)
15-139: SALE OR TRANSFER OF MASSAGE BUSINESS INTEREST:
A sale or transfer of any interest in a massage business, which interest would be reported as required in this article upon application for a city registration certificate, shall be reported to the Director of Planning and Engineering within ten (10) days of the sale or transfer. The Director of Planning and Engineering shall investigate any person receiving any interest in a massage business as a result of the sale or transfer, and if the person satisfies the requirements relating to city registration certificate applicants, the existing registration certificate shall be endorsed to include the person. A fee as set by resolution of the city council shall be paid to the city for the investigation by the Director of Planning and Engineering necessitated by each sale or transfer. (Ord. 1831, 1-19-2016; Ord. XXXX, [date].)
Item No. 24.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Authorization to Execute an Electrical Facilities Cost Sharing Agreement with the California Department of Transportation (Caltrans)
SOURCE: Planning and Engineering
COMMENT: The City of Porterville and the California Department of Transportation (Caltrans) jointly operate and maintain traffic signals, roadway lighting, and other electrical facilities located at intersections of State highways and City streets. California law authorizes Caltrans and local agencies to enter into Electrical Facilities Cost Sharing Agreements (EFCSAs) to establish each agency's responsibility for the operation, maintenance, repair, replacement, and utility costs associated with these facilities.
On January 2, 1991, the City Council adopted Resolution No. 1-91, authorizing the City's original EFCSA with Caltrans. That agreement has governed costsharing responsibilities for qualifying electrical facilities within the City for more than 35 years.
Caltrans has updated its statewide EFCSA to reflect current administrative practices, standardized agreement language, and updated inventories of electrical facilities. The proposed 2026 agreement supersedes the 1991 agreement for the facilities identified in Exhibit A and establishes the current cost-sharing responsibilities between the City and Caltrans.
Since approval of the original agreement, the traffic signal at Olive Avenue and Cloverleaf Drive has been incorporated into a separate Work for Others (WFO) Agreement with Caltrans. As a result, that location is no longer included in the EFCSA, and the updated agreement reflects the current inventory of eligible facilities.
Approval of the updated agreement does not create any new financial obligation for the City. The City will continue to be responsible for its proportionate share of maintenance and electrical costs as identified in the agreement, consistent with existing budgeted expenditures. Funding is available within the approved Public Works operating budget.
Item No. 24.
RECOMMENDATION: That the City Council adopt the attached Resolution authorizing the Mayor and City Manager to execute the 2026 Electrical Facilities Cost Sharing Agreement with the California Department of Transportation (Caltrans).
ATTACHMENTS: 1. Draft Resolution
2. Cost Sharing Agreement - Exhibit A
3. Reso 1-91_1-2-1991
Appropriated/Funded:
Review By:
Department Director:
Clayton Dignam, Acting Planning and Engineering Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF PORTERVILLE, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE 2026 ELECTRICAL FACILITIES
COST SHARING AGREEMENT (EFCSA) WITH CALTRANS, ESTABLISHING
COST-SHARING RESPONSIBILITIES FOR STATE HIGHWAY ELECTRICAL FACILITIES
WITHIN THE CITY OF PORTERVILLE
WHEREAS, the California Department of Transportation ("Caltrans") and the City of Porterville ("the City") are authorized, under California Streets and Highways Code Sections 114 and 130, to enter into a cooperative agreement establishing shared responsibility for the costs of traffic signals, lighting, and related electrical facilities; and WHEREAS, cost sharing of traffic signal and lighting facilities at State Highway intersections is a standard practice throughout California, based on Caltrans policy, and provides an equitable means of distributing costs between the State and local agencies in proportion to their respective roadway responsibilities; and
WHEREAS, the proposed 2026 Electrical Facilities Cost Sharing Agreement (EFCSA) formalizes and amends the City's proportional share of costs consistent with Caltrans statewide policy and aligns with the District Maintenance Agreement (DMA) by confirming that the State will continue to maintain electrical facilities on State Route 190 and State Route 65; and WHEREAS, the EFCSA defines the responsibilities of both the City and the State regarding the operation, maintenance, repair, and replacement of electrical traffic facilities located at intersections of State Highway Routes and City streets. Covered facilities include, but are not limited to, flashing beacons, traffic signals, traffic signal systems, safety lighting, and sign lighting, as specified in the EFCSA, and attached hereto as Exhibit “A” NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville approves the 2026 Electrical Facilities Cost Sharing and authorizes the Mayor and City Manager to execute the Electrical Facilities Cost Sharing Agreement with Caltrans, thereby establishing cost sharing responsibilities for State Highway electrical facilities within the City of Porterville.
PASSED, ADOPTED AND APPROVED this 21st day of July, 2026. ______________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
______________________________________________
By: Fernando Gabrial-Moriega, Chief Deputy City Clerk
REV 05/2026
TR 06-6-DL14
1 ELECTRICAL FACILITIES COST SHARING AGREEMENT
WITH CITY OF PORTERVILLE
This Electrical Facilities Cost Sharing Agreement (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation ("STATE") and the City of Porterville (“LOCAL AGENCY”), individually referred to as a “PARTY” and joint as “PARTIES.”
RECITALS
1. This AGREEMENT will specify the LOCAL AGENCY’s and STATE’s respective costs associated with the installation, operation, maintenance, repair and replacement of electrical facilities, including electronically operated traffic control devices on SR(s) 65 and 190 within the jurisdictional limits of the LOCAL AGENCY.
2. The PARTIES executed a prior Electrical Facilities Cost Sharing Agreement covering other areas of SRs 65 and 190. This AGREEMENT supersedes the prior Electrical Facilities Cost Sharing Agreement with regard to Electrical Facilities listed in Exhibit A.
OPERATIVE PROVISIONS
1. Prior Electrical Facilities Cost Sharing Agreements. This AGREEMENT supersedes the prior Electrical Facilities Cost Sharing Agreement with regard to Electrical Facilities listed in Exhibit A.
2. Updates to Exhibits. Changes to PARTIES’ electrical facilities cost sharing arrangement, resulting from future additions, improvements or alterations to the electrical facilities covered in this AGREEMENT may be made by PARTIES attaching amended Exhibit(s) or addendum to the Exhibit(s).
3. Amendment to Agreement. Except as provided in the preceding Section concerning Exhibit amendments, the terms of the AGREEMENT can be changed only by a mutual written amendment by PARTIES.
4. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. If the successor city or municipality fails to accept the obligations of the LOCAL AGENCY by entering into a new agreement with STATE, LOCAL AGENCY shall continue to be contractually bound by the terms of this AGREEMENT.
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2 5. Permits STATE can enter the LOCAL AGENCY jurisdiction to perform any maintenance or work to the facilities covered by this AGREEMENT, without permits from LOCAL AGENCY. When feasible STATE shall provide advance notification by phone call or email to LOCAL AGENCY contact.
6. Electrical Facilities. This AGREEMENT specifies the LOCAL AGENCY’s and STATE’s respective costs associated with the operation, maintenance, repair and replacement of the electrical facilities specifically listed in Exhibit A under two categories one for STATE Owned and Maintained and another for LOCAL AGENCY owned.
7. Cost Sharing and Apportionment. Exhibit A lists the percentage of electrical facilities costs apportioned to each PARTY and shall be based on STATE’s actual costs.
8. Reimbursement of Actual Costs.
A. STATE shall pay for all the expenses stated in the “Basis for Billing” section below, for all the electrical facilities listed under STATE Owned and Maintained table shown in Exhibit A and seek reimbursement from LOCAL AGENCY as per the percentage stated in that table in Exhibit A.
B. LOCAL AGENCY shall directly spend for all the expenses stated in the “Basis for Billing” section below, for the electrical facilities listed under LOCAL AGENCY Owned and Maintained table shown in Exhibit A except Electrical energy costs which shall be paid by STATE directly to the utility company and thereafter STATE shall seek reimbursement from LOCAL AGENCY as per the percentage stated in LOCAL AGENCY Owned and Maintained table in Exhibit A
9. Costs
A. Basis for Billing
a. Total maintenance costs for flashing-beacons, traffic-signals, and traffic-signal systems shall be based on actual costs, including but not limited to the following:
i. The costs of repairs and replacement of the devices
ii. The costs of regular inspection and maintenance
iii. Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous
expenses
iv. Electrical energy
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3 b. Total maintenance costs for safety-lighting and sign-lighting shall be based on calculated unit-costs derived by averaging STATE's District-wide costs each quarter including but not limited to the following:
i. The costs of repairs and replacement of the devices
ii. The costs of regular inspection and maintenance
iii. Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous
expenses
iv. Electrical energy
B. STATE will bill LOCAL AGENCY quarterly, in arrears, for LOCAL AGENCY’s share of electrical facilities costs listed in Exhibit “A.”
10. Budget Contingency. STATE’s obligation under this AGREEMENT is contingent upon the Legislature appropriating sufficient funds under the Budget Act, and the encumbrance of funding to the STATE’s District Office.
11. Legal Relations and Responsibilities.
A. No Third-Party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to the AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and LOCAL AGENCY facilities different from the standard of care imposed by law.
B. Indemnification. Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this AGREEMENT. STATE, pursuant to Government Code Section 895.4, shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.
Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, under or in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY arising under this AGREEMENT. LOCAL AGENCY, pursuant to Government Code Section 895.4, shall fully defend, indemnify, and save harmless REV 05/2026
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4 STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY under this AGREEMENT.
12. Termination. This AGREEMENT may be terminated by a formal agreement.
13. Effective Date. This AGREEMENT shall become effective on the last date each PARTY’s authorized representative has executed this AGREEMENT.
14. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.
THE LOCAL AGENCY OF PORTERVILLE
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Dated:
Mayor
Greg Meister
INITIATED AND APPROVED:
Dated: Dated:
LOCAL AGENCY
Manager
Richard Tree
Jason Miao, Acting
Deputy District Director,
District 6, Maintenance
and Operations
Dated:
APPROVED AS TO FORM AND PROCEDURE
Dated:
LOCAL AGENCY
Attorney
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2 Item No. 25.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Authorization to Execute Temporary Construction Easement for Friant-Kern Canal Middle Reach Capacity Correction Project, Phase 2 SOURCE: Planning and Engineering
COMMENT: The Friant Water Authority (FWA) is constructing the Friant-Kern Canal Middle Reach Capacity Correction Project, Phase 2, a regional water infrastructure project designed to improve the capacity and reliability of the Friant-Kern Canal. A portion of the project is located adjacent to City-owned property at the corner of Avenue 128 and Road 216 (APN 302-100-021), which currently functions as a stormwater basin.
To support construction of the project, FWA has requested a Temporary Construction Easement (TCE) over a portion of the City's property together with the right to remove suitable soil, aggregate, and other earthen material for use in the project. In consideration for these rights, FWA has proposed a flat payment of $500,000 to the City, regardless of the volume of material extracted.
The proposed Letter of Intent establishes the principal business terms under which the parties will negotiate a formal Temporary Construction Easement Agreement. The Letter of Intent does not grant easement rights or authorize construction activities. Rather, it provides the framework for preparation of the final agreement, which will incorporate the negotiated business and legal terms.
The proposed Letter of Intent includes several provisions to protect the City's interests, including:
• City review and approval of extraction and grading plans before work begins;
• Continued operation of the stormwater basin throughout construction; • Restoration of the basin in accordance with a City-approved final grading plan;
• Deep ripping of the basin to restore infiltration capacity; • FWA responsibility for obtaining all required permits and regulatory approvals;
Item No. 25.
• Indemnification of the City; and
• Insurance naming the City as an additional insured.
The proposed arrangement allows the City to support an important regional water infrastructure project while generating revenue for the City and ensuring that the stormwater basin is restored to its intended operational condition upon completion of construction. Upon approval of the Letter of Intent, staff will prepare the Temporary Construction Easement Agreement incorporating these terms for execution by the City Engineer.
RECOMMENDATION: That the City Council:
1. Accept the Letter of Intent establishing the principal terms for a Temporary Construction Easement with the Friant Water Authority for the Friant-Kern Canal Middle Reach Capacity Correction Project, Phase 2; and
2. Authorize the City Engineer to negotiate and execute the Temporary Construction Easement Agreement and related
documents, subject to final approval as to form by the City Attorney.
ATTACHMENTS: 1. Letter of Intent
Appropriated/Funded:
Review By:
Department Director:
Clayton Dignam, Acting Planning and Engineering Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk July 16, 2026
Daniel Cervantez
Sarah Weaver
City of Porterville
291 North Main Street
Porterville, Ca. 93257
Via e-mail: [email protected]
[email protected]
Re: Letter of Intent for Temporary Construction Easement Friant-Kern Canal Middle Reach Capacity Correction Project, Phase 2 Dear Sarah and Daniel,
This Letter of Intent (“LOI”) is submitted on behalf of the Friant Water Authority (“FWA”), a California Joint Powers Authority, to set forth the mutual understanding of FWA and the City of Porterville, a California municipal corporation (“City”), regarding the proposed grant of a Temporary Construction Easement (“TCE”) in connection with the Friant-Kern Canal Middle Reach Capacity Correction Project, Phase 2 Parallel Canal (“Project”) described below. The parties intend this LOI to serve as a framework for negotiating and executing a formal Temporary Construction Easement Agreement (the “Agreement”).
1. Purpose
The City owns certain real property located at the corner of Avenue 128 and Road 216, near the Friant-Kern Canal (FKC), designated APN No.302-100-021-000, that currently functions as a storm water basin (the “Property”). FWA is undertaking temporary construction activities related to the FKC near the Property and requires a temporary easement over a portion of the Property, together with purchase and removal of soil, aggregate, and other suitable material from the Property. The parties wish to memorialize the principal terms on which they propose to proceed.
2. Proposed Principal Terms of the TCE Agreement
The parties anticipate that the TCE Agreement will include the following terms:
a. Easement Area. A temporary, non-exclusive easement over, under, and across that portion of the Property shown in Preliminary Exhibit A hereto, and will be more precisely described in the in the TCE Agreement and depicted on exhibits approved by both parties b. Permitted Uses. The TCE will authorize FWA and its contractors, agents, and representatives to use the Easement Area as a work area in connection with construction of the Project, including the right of ingress and egress, parking of vehicles, excavation and removal of earthen materials for the needs of the Project, grading, and all other activities reasonably incidental to construction of the Project. The Agency shall also have the right to trim, cut, fell, and remove from the Easement Area all vines, underbrush, obstructions, and other vegetation, structures, or obstacles within the limits of the Property as reasonably necessary for construction of the Project. All activities within the Easement Area shall be conducted in a manner that allows July 16, 2026
the storm water basin to remain operational throughout the term of the TCE Agreement, as further provided in Section 2.d.
c. Extraction and Grading Plans. Prior to commencing extraction activities, FWA shall prepare and submit extraction and grading plans for review and approval by the City. No material extraction activities shall commence until the City has approved such plans. Any material modifications to approved plans shall require City review and approval.
d. Stormwater Basin Operations. FWA shall conduct all extraction, hauling, grading, and related construction activities in a manner that allows the stormwater basin to remain operational and capable of performing its intended stormwater management functions throughout the term of the TCE Agreement. FWA shall coordinate construction activities with the City to avoid unnecessary disruption and maintain public safety.
e. Final Grading and Restoration. Upon completion of material extraction activities, FWA shall restore and grade the Easement Area in accordance with a final grading plan approved by both parties. The plan shall provide for the contractor to restore all disturbed areas to their original pre-construction use. To remediate soil compaction created by heavy equipment, machinery, and material storage, and to ensure the basin maintains its required percolation rage, the Contractor shall deep rip the basin in order to restore the basin to its operating condition prior to this project. f. Term. Four (4) years commencing on the effective date of the TCE Agreement, subject to extension or earlier termination by mutual written agreement of the parties. g. Material Suitability Evaluation. Prior to execution of the TCE Agreement, FWA shall have the right to enter the Property, upon reasonable notice to the City and subject to conditions reasonably imposed by the City, to conduct geotechnical investigations, sampling, testing, and other evaluations necessary to determine the suitability and sufficiency of materials within the Property for use in the Project. Execution of the TCE Agreement is contingent upon FWA’s determination, in its reasonable discretion, that sufficient quantities of suitable material are available. If FWA determines that the material is unsuitable or insufficient, it may elect not to proceed by providing written notice to the City, whereupon neither party shall have any further obligation to enter into the TCE Agreement.
h. Consideration. FWA shall compensate the City for the easement rights and material extraction in the amount of Five Hundred Thousand Dollars ($500,000), payable as a flat fee regardless of the volume of material extracted. The final payment terms shall be established in the TCE Agreement i. Permits and Regulatory Compliance. FWA shall be solely responsible for obtaining and maintaining all permits, approvals, authorizations, and environmental clearances required for the Project, including all permits necessary for material extraction, transportation, grading, and related activities, and shall comply with all applicable federal, state, regional, and local laws, regulations, and permit conditions. j. Indemnification. To the fullest extent permitted by law, FWA shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, agents, and representatives from and against any and all claims, demands, damages, liabilities, losses, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to the acts, omissions, operations, or activities of FWA, its contractors, subcontractors, employees, or agents in connection with the Project or use of the Property, except to the extent caused by the sole negligence or willful misconduct of the City k. Insurance. Prior to commencement of any work on the Property, FWA shall provide the City July 16, 2026
with certificates of insurance and endorsements evidencing that FWA or its construction contractor maintains insurance coverage reasonably acceptable to the City, including coverage for commercial general liability, automobile liability, and workers’ compensation. The City shall be named as an additional insured on all applicable policies to the extent customary and permitted by law. l. Governing Law. This LOI shall be governed by and construed in accordance with the laws of the State of California
3. Governing Body Approval; Good Faith Negotiations
This LOI does not bind either party to execute the TCE Agreement or consummate the TCE. The TCE Agreement will not become effective until each party has obtained the required authorization(s) from its governing body or other authorized officer. Each party nonetheless commits to negotiate the terms of the Agreement diligently and in good faith, consistent with the principal terms in Section 2.
4. Costs and Expenses
Each party shall bear its own costs and expenses incurred in connection with this LOI and the negotiation and preparation of the TCE Agreement, including attorneys’ fees, unless the parties otherwise agree in writing.
Survey and appraisal costs, if any, shall be borne by FWA.
We look forward to working collaboratively with the City to finalize the TCE Agreement. Please indicate the City’s agreement with the terms set forth herein by signing in the space provided below and returning a countersigned copy to the undersigned.
Sincerely,
___________________________
Johnny Amaral
Chief Executive Officer
FRIANT WATER AUTHORITY
ACCEPTED AND AGREED:
CITY OF PORTERVILLE
By: ___________________________
Name: _________________________
Title: __________________________
Date: __________________________
Item No. 26.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Authorization to Execute a Work for Others (WFO) Agreement with the California Department of Transportation (Caltrans) for the Intersection of Olive Avenue, Porter Road, and Cloverleaf Street
SOURCE: Planning and Engineering
COMMENT: The City of Porterville and the California Department of Transportation (Caltrans) have mutually agreed to transfer the day-to-day operation, maintenance, and repair of the traffic signal and safety lighting at the intersection of Olive Avenue, Porter Road, and Cloverleaf Street to Caltrans under a separate Work for Others (WFO) Agreement. The agreement recognizes the unique operational relationship between this intersection and the adjacent State Route 65 interchange while allowing Caltrans to directly maintain facilities that are closely integrated with the State highway system.
Although the City owns the traffic signal and associated safety lighting at this intersection, the facilities operate in conjunction with the State Route 65 interchange. Because of this close operational relationship, both Caltrans and City staff have determined that traffic operations, regional signal coordination, and long-term system reliability will be improved by having Caltrans perform the maintenance and operational responsibilities.
As part of the updated 2026 Electrical Facilities Cost Sharing Agreement (EFCSA), this intersection has been removed from the City's broader electrical facilities portfolio and will instead be maintained under this separate Work for Others (WFO) Agreement. Establishing a stand-alone agreement allows the maintenance responsibilities for this unique location to be administered independently from the City's remaining electrical facilities.
Under the WFO Agreement, Caltrans will perform routine maintenance, emergency repairs, signal timing adjustments, inspections, and other operational activities using specialized personnel experienced in maintaining signal systems associated with the State highway network. This approach is expected to improve operational efficiency, enhance regional signal coordination, and reduce the maintenance workload placed on City field staff.
The agreement does not create a new financial obligation. The City currently Item No. 26.
funds one hundred percent of the maintenance and utility costs associated with this intersection. Under the WFO Agreement, the City will continue to pay these costs; however, Caltrans will perform the maintenance and invoice the City for actual costs incurred. Funding is available within the adopted Fiscal Year 2026-2027 Public Works Operating Budget utilizing Gas Tax and Local Transportation Funds.
RECOMMENDATION: That the City Council adopt the attached Resolution authorizing the Mayor and City Manager to execute the Work for Others (WFO) Agreement with the California Department of
Transportation (Caltrans) for the operation, maintenance, and repair of the traffic signal and safety lighting at the intersection of Olive Avenue, Porter Road, and Cloverleaf Street, subject to final approval as to form by the City Attorney.
ATTACHMENTS: 1. Draft Resolution
2. WFO Agreement
Appropriated/Funded:
Review By:
Department Director:
Clayton Dignam, Acting Planning and Engineering Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF PORTERVILLE, CALIFORNIA,
AUTHORIZING THE MAYOR TO EXECUTE THE WORK FOR OTHERS (WFO) AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)
WHEREAS, the City of Porterville ("City") owns and operates the traffic signal and lights at the intersection of Olive Avenue, Porter Road, and Cloverleaf Street; and WHEREAS, Caltrans and the City have mutually agreed that Caltrans will undertake the operations, maintenance, and repair of said facilities; and WHEREAS, Caltrans and the City have mutually determined that it is in the best interest of traffic operations and system coordination for Caltrans to undertake the operations, maintenance, and repair of said intersection facilities; and
WHEREAS, the Parties desire to enter into a Work for Others (WFO) Maintenance Agreement under which Caltrans will perform the aforementioned work, and the City will reimburse Caltrans for actual costs incurred; and
WHEREAS, execution of this agreement requires the adoption of a resolution by the City Council authorizing the execution of said Agreement on behalf of the City NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Porterville approves the Work for Others (WFO) Agreement between the City of Porterville and the State of California, acting by and through its Department of Transportation (Caltrans), and authorizes the Mayor and City Manager to execute the WFO Agreement on behalf of the City of Porterville.
PASSED, ADOPTED AND APPROVED this 21st day of July, 2026. ____________________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
______________________________________________
By: Fernando Gabrial-Moriega, Chief Deputy City Clerk
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1 WORK FOR OTHERS AGREEMENT
WITH CITY OF PORTERVILLE
THIS AGREEMENT is made effective this ______ day of ____________, 2026, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the • City of Porterville, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as “LOCAL AGENCY”; each referred to as a “PARTY” and collectively as “PARTIES.”
RECITALS
1. WHEREAS, PARTIES have agreed that STATE will, pursuant to Section 131 of the Streets and Highways Code maintain signals and lightings, hereinafter referred to as “LOCAL FACILITY” as shown on Exhibit A, a copy of which is attached hereto and made a part of this AGREEMENT; and
2. WHEREAS, STATE has agreed to maintenance work as described in Exhibit A of this AGREEMENT hereinafter referred to as “MAINTENANCE”; and
3. WHEREAS, LOCAL AGENCY has agreed to reimburse STATE for the actual cost of said MAINTENANCE; and
4. WHEREAS, STATE has qualified personnel available to perform said MAINTENANCE; and
5. WHEREAS, the purpose of this AGREEMENT is to enhance traffic signal coordinate through the State Route 65/Olive Avenue interchange; and
6. WHEREAS, STATE and LOCAL AGENCY will mutually benefit from said maintenance by enhancing the safety of the traveling public; and
7. WHEREAS, LOCAL AGENCY and STATE do mutually desire to cooperate and to specify herein the conditions and the terms under which said MAINTENANCE is to be done.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
OPERATIVE PROVISIONS
LOCAL AGENCY and STATE agree as follows:
1. MAINTANENCE STANDARDS.
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2 1.1. The degree and extent of MAINTENANCE to be performed and the standards therefore shall be in accordance with the provisions of Section 27 of the Streets and Highways Code.
1.2. MAINTENANCE will be provided in a manner conforming to STATE's standard practices and procedures using only available STATE resources, and STATE may reschedule MAINTENANCE of LOCAL FACILITY to respond to required STATE resource allocations elsewhere.
2. AMENDMENT TO AGREEMENT. The terms of this AGREEMENT may only be amended by a formal written amendment executed by both PARTIES.
3. WORKLOAD. MAINTENANCE will be done as the workload of STATE's forces permit, and if said workload becomes too great, this AGREEMENT may be terminated upon thirty (30) calendar-days prior written notice to LOCAL AGENCY from STATE.
4. LEGAL RELATIONS AND RESPONSIBILITIES.
4.1. THIRD PARTIES. Nothing within the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not parties to this AGREEMENT or to affect the legal liability of a PARTY to this AGREEMENT by imposing any standard of care with respect to the operation and MAINTENANCE of STATE highways and local facilities different from the standard of care imposed by law.
4.2. INDEMNIFICATION.
4.2.1. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under or in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. It is understood and agreed that LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including section but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under this AGREEMENT.
4.2.2. LOCAL AGENCY will defend, indemnify and save harmless the STATE, its officers, agents and employees from all claims, suits or actions of every name, type or description brought as a result of or arising out of the STATE's 5/7/26
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3 performance of MAINTENANCE under this Agreement except those caused by the sole negligence or willful misconduct of the STATE, its officers, agents or employees.
5. INSURANCE. LOCAL AGENCY and its contractors shall maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate and $5 million in excess, as may be amended as the minimum liability coverage limits codified in the State’s Standard Specifications. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE as a condition to STATE’s execution of this AGREEMENT.
6. FUNDING. No STATE funds are obligated, or resources committed under this AGREEMENT except as may be expressly authorized each STATE fiscal year (July 1 to June 30) in that year's annual State Budget Act. STATE's obligations hereunder are subject to immediate suspension or termination should STATE funding or authorization to perform these services is terminated or restricted.
7. COST.
7.1. LOCAL AGENCY will pay the cost of all MAINTENANCE.
7.2. Total maintenance costs for traffic-signals, and traffic-signal systems shall be based on actual costs, including but not limited to the following:
7.2.1. The costs of repairs and replacement of the devices
7.2.2. The costs of regular inspection and maintenance
7.2.3. Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous expenses.
7.2.4. Electrical energy
7.3. Total maintenance costs for safety-lighting and sign-lighting shall be based on calculated unit-costs derived by averaging STATE’s.
District-wide costs each quarter including but not limited to the following:
7.3.1. The costs of repairs and replacement of the devices
7.3.2. The costs of regular inspection and maintenance
7.3.3. Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous expenses.
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4 7.3.4. Electrical energy
8. INVOICING. STATE will bill LOCAL AGENCY quarterly, in arrears, for LOCAL AGENCY’s share of electrical facilities costs listed in Exhibit “A."
9. PAYMENT. If no disputes arise regarding the contents of an invoice, LOCAL AGENCY will pay invoices within thirty (30) working days of receipt of invoice.
Disputes regarding invoices shall be resolved in accordance with the dispute resolution provisions set forth in Section 19.6 of the TFA.
10. FINAL ACCOUNTING. STATE will furnish LOCAL AGENCY a final accounting of all costs with a detailed statement of MAINTENANCE, fees, and other related expenses. After completion of the final accounting, STATE will refund or invoice LOCAL AGENCY as necessary in order to satisfy the financial commitment of this AGREEMENT.
11. TERMINATION. This AGREEMENT may be terminated by timely mutual written consent by PARTIES. Notwithstanding the previous sentence, STATE may terminate this AGREEMENT in its entirety, for any reason, by providing thirty (30) calendardays prior written notice to LOCAL AGENCY.
12. TERM OF AGREEMENT. This AGREEMENT shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended upon mutual consent of the PARTIES or until terminated, whichever is earlier.
13. COUNTERPARTS. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
14. ELECTRONIC SIGNATURES. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT and shall have the same force and effect as manual signatures for this AGREEMENT.
15. SEVERABILITY. If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
PARTIES are empowered to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective 5/7/26
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5 agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
THE LOCAL AGENCY STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor
Greg Meister
Director of Transportation
Initiated and Approved
By: ___________________________
City Manager
Richard Tree
By: ___________________________
Deputy District Director
Maintenance District
By: __________________________
LOCAL AGENCY Attorney
As to Form and Procedure:
By: _____________________________
Attorney
Department of Transportation
1 Exhibit A
Work For Others Agreement
Traffic Signals and Lighting
Caltrans and City of Porterville
Effective July 1, 2026
BASIS OF COST ALLOCATION
CITY-Owned and State Maintained
Billed by the State
Route and PM
Location Type of Facility Cost Distribution
(Percentage)
State CITY
SR 65, PM 19.14 Olive Ave, Porter Rd, and
Cloverleaf St intersection
Signals 0 100%
SR 65, PM 19.14 Olive Ave, Porter Rd, and
Cloverleaf St intersection
2-Lights 0 100%
Item No. 27.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Approval of Assignment of Airport Hangar Lease – Lot 30 A-1, A-2, and A-3 SOURCE: Transportation
COMMENT: The City has received a request to approve the assignment of the ground lease for Airport Hangar Lot 30 A-1, A-2, and A-3 at the Porterville Municipal Airport.
The current leaseholders, Matt Quatacker, Mike Quatacker, and Debbie Quatacker, sold the privately owned hangars located on the leased premises to Royal Helicopter Services, LLC, managed by Jacob Barber, on June 2, 2026.
Under the terms of the Airport Lease Agreement, ownership of the hangar improvements does not automatically transfer the associated leasehold interest. Accordingly, Royal Helicopter Services, LLC submitted a written request to assume the existing lease and provided supporting documentation, including the Bill of Sale documenting the transfer of the hangars. City Council approval is required before the lease assignment may become effective.
The attached Assignment of Lease and Lessor's Consent to Assignment of Lease Agreement have been prepared to transfer all rights and obligations under the existing lease while preserving all existing lease terms and conditions through January 31, 2037. Future assignments will continue to require prior written approval by the City. The hangars will continue to be utilized for the parking and storage of aircraft consistent with the existing lease.
Approval of the assignment will not modify the existing lease term, rental rate, or permitted use of the property and will not have a fiscal impact on the City.
RECOMMENDATION: That the City Council:
1. Approve the Assignment of Lease for Airport Hangar Lot 30 A1, A-2, and A-3 from Matt Quatacker, Mike Quatacker, and Debbie Quatacker to Royal Helicopter Services, LLC; and
2. Authorize the Mayor to execute the Lessor's Consent to Assignment of Lease Agreement on behalf of the City.
Item No. 27.
ATTACHMENTS: 1. Assignment of Lease – Lot 30 A-1, A-2, A-3
2. Bill of Sale
3. Lessor's Consent to Assignment of Lease Agreement
4. Letter Requesting Assignment of Lease
5. Locator Map – Lot 30 A-1, A-2, A-3
Appropriated/Funded:
Review By:
Department Director:
Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 28.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Authorization to Roll Unpaid Utility Accounts to the 2026-2027 Property Tax Roll
SOURCE: Finance
COMMENT: The City provides water, sewer, and solid waste services to residential and commercial customers throughout the community. When utility accounts remain delinquent after all billing, notice, and collection efforts have been exhausted, the Porterville Municipal Code authorizes the City to recover certain unpaid utility charges by placing them on the Tulare County property tax roll.
Municipal Code Chapter 25, Section 8 authorizes unpaid water charges to be collected through the property tax roll when the property owner has guaranteed payment. Municipal Code Chapter 25, Section 37 authorizes unpaid sewer charges to become a lien against the property, and Municipal Code Chapter 13, Section 14 authorizes unpaid solid waste charges to be secured through recorded liens.
Staff has identified 78 delinquent utility accounts totaling $93,027.50 that meet the requirements for placement on the Fiscal Year 2026-2027 Tulare County property tax roll. The attached Resolution authorizes the Tulare County Auditor to place the eligible delinquent utility charges on the property tax roll for collection.
Placement of delinquent utility charges on the property tax roll protects public funds by providing an additional collection mechanism for utility services already provided while promoting fairness for customers who timely pay their utility bills.
RECOMMENDATION: That the City Council adopt the Resolution ordering the placement of unpaid utility accounts totaling $93,027.50 on the Fiscal Year 2026-2027 Tulare County property tax roll for collection.
Item No. 28.
ATTACHMENTS: 1. Draft Resolution
2. Fiscal Year 2026-2027 Delinquent Utility Tax Roll
3. Municipal Code - Chapter 13, Section 14
4. Municipal Code - Chapter 25, Section 8
5. Municipal Code - Chapter 25, Section 37
Appropriated/Funded:
Review By:
Department Director:
Trisha Whiteley, Acting Finance Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk RESOLUTION NO. ____-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
ORDERING THE PLACEMENT OF DELINQUENT UTILITY CHARGES ON THE TULARE COUNTY TAX ROLLS FOR FISCAL YEAR 2026-2027
WHEREAS, the City of Porterville Municipal Code Section 13-14, Garbage and Refuse – Charges for Collection; Time and Manner of Payment, provides that the amount required to be paid, together with interest and penalty, constitutes a lien on all real property; and WHEREAS, the City of Porterville Municipal Code Section 25-37, Collection of Sewer Rental; Charges to be Lien, provides that any unpaid charge for sewer rental or sewer rental penalties or interest may be placed as a lien on the real property involved; and WHEREAS, the City of Porterville Municipal Code Section 25-8, Guarantee of Payment of Water Bills by Property Owners, provides that unpaid water bills may be a lien on said property and the amount of said unpaid water bill may be added to the tax statement for said real property and collected in the same manner as real property taxes; and WHEREAS, the City Council has received and reviewed documentation identifying 78 delinquent utility accounts totaling $93,027.50 that meet the requirements for placement on the Fiscal Year 2026-2027 Tulare County property tax roll for collection; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does hereby approve and order the submittal of the following liens, attached hereto as Exhibit “A” to the Tulare County Auditor for placement on the property tax rolls for collection.
PASSED, APPROVED and ADOPTED this 21st day of July, 2026. ____________________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
CITY OF PORTERVILLE
UNPAID UTILITIES
FY2026-2027 Tax Roll
Assessee Property Address Parcel Number
Assessment
Amount
SONIA A GARCIA MONDRAGO 15273 ROAD 223 1 240-101-004 322.96 GERARDO PACHECO TAMAYO 15247 ROAD 223 2 240-101-007 364.54 CYNTHIA BEDOLLA 2563 W MICHELLE LN 3 240-240-034 191.24 ALFREDO CEBALLOS TAPIA 1139 W NORTH GRAND AVE 4 243-210-049 85.8 PATRICIA BETANCOURT 1720 N WILSON PL 5 243-230-034 420.4 ALBERTO CARRANZA 1312 W NORTH GRAND AVE 6 243-240-014 939.44 LORAINE CURBOW 1210 W BAKER AVE 7 243-250-022 785.62
RANDY WAYNE CLOWER 1690 W WALL LN 8 245-264-010 968.44
NEW LIFE CENTER 2012 W MORTON AVE 9 245-342-039 2023.36 NEW LIFE CENTER 2092 W MORTON AVE 10 245-342-060 957.02 JOEL & JUANITA REYNA 2190 W SCHOOL AVE 11 245-344-003 230.86 LENNARD PATTON 180 N RED OAK DR 12 245-360-020 941
ANA RIOS 2156 W WHITE CHAPEL WAY 13 245-375-031 107.26
ROBERT BROWN 749 N BALMAYNE DR 14 245-390-058 339.86
ARELI MARTINEZ 1759 W PAMELA CT 15 245-540-022 195.86
HERACLIO HERNANDEZ 1461 N PROSPECT ST 16 246-151-004 329.96 SANTIAGO PARRAZ 1451 N LOWERY ST 17 246-153-031 228.52
RHONDA BRADFORD 1076 N MASTON ST 18 246-180-041 255.32
MARGARITO CERCAS 895 W WESTFIELD AVE 19 246-200-028 1022.78 TARLOCHAN(TONY) NARWAL 943 W WESTFIELD AVE 20 246-200-029 440.5 HUSSAIN RAYANI 1496 N COBB ST 21 246-260-018 5901.46
GRACIELA SALINAS 1311 N VILLA ST 22 247-022-009 420.4
MELISSA WALSH 1261 N LIME ST 23 247-110-011 625.68
SCENIC DRIVE RANCH LLC 1112 N SCENIC DR 24 247-120-015 476.54 BRIAN DUKE 975 N DIVISION ST 25 248-041-005 640.02
SERGIO HERRERA 622 E HENDERSON AVE C 26 248-080-058 224.46 RIVER WALK CARE CENTER 1100 W MORTON AVE 27 251-090-049 18702.4 ISAIAS GONZALEZ REYES 69 N WISCONSIN ST 28 251-201-008 14.72 BETTY LOU TAFF 281 N MASTON ST 29 251-232-002 612.36
EDWARD JR ESPINOZA 550 W FAIRHAVEN AVE 30 252-061-024 340 YOLANDA RODRIGUEZ 529 N EL GRANITO ST 31 252-105-006 249.36 PIONEER PLAZA 617 N MAIN ST 32 252-154-012 4276.72
FELIX AND REYNA PEREZ 770 E GRAND AVE 33 252-251-024 229.04 DARLEEN JONES 525 W MORTON AVE 34 252-251-024 97.4
CHERYL CHAMBERS 331 N CONLEY ST 35 252-253-017 1171.12
CHERYL CHAMBERS 323 N CONLEY ST 36 252-253-018 1189.64
IRENE GARZA 340 N CONLEY ST 37 252-254-007 338.92
CHERYL ALLEN 303 N CONLEY ST 303-333 38 252-260-013 4765.3 JOSE LUIS LEDESMA 708 W OLIVE AVE 39 252-291-015 494.26 JOSE J CONTRERAS CASTI 722 W PUTNAM AVE 40 252-312-011 76.36 ERIK HALL 469 N THIRD ST 41 253-014-012 426.5
LUCERO TORRES 482 N THIRD ST 42 253-015-004 133.08
FABIAN MENDOZA-TREYEZ 445 N FOURTH ST 43 253-015-015 394.38 JORGE ZAVALA HERNANDE 587 N THIRD ST 44 253-025-009 154.32 MISTY BLOUNT 525 N MAIN ST 45 253-027-014 305.7
JUAN AGUAYO 34 E GARDEN AVE 46 253-172-004 1855.8
DEVINE A ROJAS 368 N MAIN ST 368-370 47 253-202-006 2075 PORTERVILLE UNITARIAN 135 E HARRISON AVE 48 253-205-009 442.28 WESTERN HILLS #3 520 N MURRY ST 520-526 49 253-230-027 1426.3 JEANNE BLUE 1384 E MORTON AVE 50 254-010-044 146.3
VICKY RUIZ 823 E KANAI AVE 51 254-130-016 380.34
LETITIA R LOPEZ 826 E KANAI AVE 52 254-130-028 263.54
ROQUE CASTRO 1559 W ROBY AVE 53 259-061-003 339.9
ANGEL ZARAGOZA GARRID 1004 W ROBY AVE 54 259-102-010 101.44 FLORENTINA RODRIGUEZ 1520 W HERITAGE AVE 55 259-180-021 206.18 ABDUL SAEED 612 S MILO ST 56 259-260-012 170.42
RODNEY MARTIN 146 S VILLA ST 57 260-140-013 283.08
JOAQUIN NAVARRO 176 W ORANGE AVE 58 260-231-010 140.5
SERGIO N/C TAPIA 569 E DATE AVE 59 261-012-020 2470.42
JOSE & ANA MARI MEJIA 79 E VANDALIA AVE 60 261-051-008 348.24 PORTERVILLE GLEANING SENIORS 680 S MAIN ST 61 261-060-053 2363.78 PORTERVILLE FAMILY APARTMENTS 93 E DATE AVE 62 261-080-048 16808.68 MAXIMO'S INC 168 S MAIN ST 63 261-118-001 369.6
APEX PROPERTY ACQUISITION LLC 227 E ORANGE AVE 64 261-150-055 2166.26 APEX PROPERTY ACQUISITION LLC 227 E ORANGE AVE 65 261-150-055 272.3 MICHELLE ALLISON 491 E POPLAR AVE 66 261-295-003 147.54 PHOUVY INTHASONE 922 E DIXIE DR 67 262-042-014 371.24
BENJEMIN CASTRO 967 E MOUNTAIN VIEW AVE 68 262-240-017 447.18 VERNON MALONE 950 E MOUNTAIN VIEW AVE 69 262-240-023 622.12 SERGIO TAPIA 862 E POPLAR AVE 70 262-240-082 2218.04
THELMA UNDERWOOD 976 S WISCONSIN ST 71 268-080-011 1180.52 GUILLERMINA MENDOZA 969 S WISCONSIN ST 72 268-080-027 94.86 CARL TUCKER 1047 S WISCONSIN ST 73 268-090-005 138.76
JULIO RAMOS MACIEL 885 S CHESS TERRACE ST B 74 269-022-008 207.7 ALBERT FELIX 826 S CHESS TERRACE 75 269-023-002 841.28
FEDERICO GONZALEZ BEDOLL 799 W BROWN AVE 76 269-180-019 183.22 BRIANNA ESQUIVEL 154 E YATES AVE 77 270-140-003 163.4
JOSE VIEYRA 254 E GIBBONS AVE 78 270-140-035 370.4
$ 93,027.50
78 Total amount of assessments
Total number of assessments
13-14: CHARGES FOR COLLECTION; TIME AND MANNER OF PAYMENT:
A. Fees and charges for the collection and disposal of solid waste collection by the city will be fixed by resolution of thecity council.
B. Solid waste collection charges shall be included in the regular city utility bill to customers who also have city waterservice. When the solid waste customer does not have city water service, a separate bill for solid waste service shall bemailed to the customer who owns or controls the premises serviced.
C. All charges for solid waste service included on utility bills, or if not a part of the city utility bill, shall be due and payableat the same time as other utility charges. If a bill for solid waste is not paid within thirty (30) days after billing date, a chargeof ten percent (10%) as a penalty for said delinquency shall be made and added to the amount and become a part of saiddelinquent utility bill; and the city may discontinue all city utility service to the premises if the bill should remain delinquent onthe forty fifth day after billing.
D. All solid waste service charges are the responsibility of the customer whose name appears on the utility billing for theservice. If unpaid by the customer billed who controls the premises, they shall be secured at any time by filing for record inthe office of the county recorder of any county, a certificate specifying the amount of such charges and the name andaddress of the customer liable therefor. From the time of recordation of the certificate, the amount required to be paid,together with interest and penalty, constitutes a lien upon all real property in the county owned by the customer orafterwards, and before the lien expires, acquired by him. The lien has the force, priority, and effect of and shall be regardedas a judgment lien, which may be extended, if unpaid, by the recording of a renewal certificate before the expiration of ten(10) years of the previously recorded certificate. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002; Ord. 1890, 3-1-2022)
25-8: GUARANTEE OF PAYMENT OF WATER BILLS BY PROPERTY OWNERS; AUTHORIZED GENERALLY;LIEN:
The owners of any property where water is furnished by the city may assume responsibility for the payment of such water byfiling with the water department a written acceptance of such responsibility in a form approved by the city attorney,guaranteeing payment of all water bills accruing against such property or utilized by consumers on such property. Thewriting shall provide that unpaid water bills may be a lien on said property and the amount of said unpaid water bill may beadded to the tax statement for said real property and collected in the same manner as real property taxes. (Ord. Code §3543; Ord. 845 § A, 11-16-1965)
25-37: COLLECTION OF SEWER RENTALS; PENALTIES; DISCONTINUANCE OF WATER SERVICE FORNONPAYMENT; CHARGES TO BE LIEN:
Charges for sewer rentals shall be included with the water bill and if the charge for sewer rental shall remain unpaid at thedue date for the payment of water bills, there shall be added to the sewer rental charge the same penalties and interest asare required for delinquencies or nonpayment of water bills. Water services may be discontinued for nonpayment of thecharge for sewer rental or sewer rental penalties and interest, and any unpaid charge for sewer rental or sewer rentalpenalties or interest may be placed as a lien on the real property involved. (Ord. Code § 3635.1) Item No. 29.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Sewer Utility District Annual Assessments – Fiscal Year 2026-2027 SOURCE: Planning and Engineering
COMMENT: The City has established four Sewer Utility Districts to finance the construction of public sewer improvements benefiting specific neighborhoods. Rather than requiring property owners to pay the full cost of sewer improvements upfront, the districts allow participating property owners to reimburse the City through annual special assessments collected on the Tulare County property tax roll over a thirty (30) year period at three percent (3%) interest.
The City Council established the four Sewer Utility Districts between 2013 and 2018 to finance sewer improvements benefiting specific neighborhoods. The districts were approved as follows:
Area 458 Sewer Utility District – Approved May 7, 2013
Area 455A Sewer Utility District – Approved November 19, 2013 Areas 459A & C Sewer Utility Districts – Approved February 17, 2015 Areas 456A, 456B, 456C, and E. Henderson Avenue Sewer Utility Districts – Approved September 4, 2018.
Each year, the City must certify the annual assessments to the Tulare County Auditor-Controller for placement on the secured property tax roll. The annual assessments are based on the previously approved financing schedules established at the time each district was formed and reflect the repayment of the final construction costs, including sewer improvements, sewer laterals, and construction management.
The proposed Fiscal Year 2026-2027 assessments are summarized below:
Sewer Utility
District
Parcels FY 26-27
Assessment
Assessment Year
Area 455A 215 $42,348.34 Year 13 of 30
Areas 456A, B, C &
E
198 $62,365.14 Year 7 of 30
Area 458 381 $82,757.36 Year 13 of 30
Area 459A & C 318 $56,475.78 Year 11 of 30
Item No. 29.
Total 1,112 $243,946.62
Since implementation of the Sewer Utility Districts, the City has successfully collected more than $2.43 million in annual assessments and $383,338.46 in voluntary prepayments. Total delinquent assessments remain relatively low in comparison to the overall amount collected, demonstrating the continued effectiveness of the assessment program.
Staff recommends adoption of the attached Resolutions approving the Fiscal Year 2026-2027 annual assessments and authorizing submission of the required documents to the Tulare County Auditor-Controller for placement on the secured property tax roll.
RECOMMENDATION: That the City Council adopt the attached Resolutions approving the Fiscal Year 2026-2027 annual assessments for Sewer Utility Districts Areas 455, 456, 458, and 459 and authorize submission of the assessments to the Tulare County Auditor-Controller for placement on the Fiscal Year 2026-2027 property tax roll.
ATTACHMENTS: 1. Payment Totals To Date
2. Attachment A - 2026 Direct Charge Control
3. Attachment B - 2026 Authority to Approve
4. Attachment C - 2026 Compliance Certification
5. Area 455 Special Assessments Resolution 2026
6. Area 456 Special Assessments Resolution 2026
7. Area 458 Special Assessments Resolution 2026
8. Area 459 Special Assessments Resolution 2026
Appropriated/Funded:
Review By:
Department Director:
Clayton Dignam, Acting Planning and Engineering Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Fiscal Year
Assessments
Assessment
Revenue
Voluntary PrePaymentsTotal
Delinquencies
2014/2015 $126,276.41 $130,032.42 $0.00
2015/2016 $126,603.98 $69,048.43 $0.00
2016/2017 $185,168.18 $15,259.88 $0.00
2017/2018 $184,126.14 $21,973.81 $0.00
2018/2019 $183,253.74 $4,003.33 $0.00
2019/2020 $182,606.02 $69,693.20 $0.00
2020/2021 $243,769.67 $20,315.12 $1,362.50
2021/2022 $243,135.73 $6,431.26 $1,946.01
2022/2023 $243,210.36 $9,373.03 $1,978.56
2023/2024 $239,355.29 $4,871.09 $2,108.29
2024/2025 $238,830.80 $23,512.76 $4,479.37
2025/2026 $238,562.79 $8,824.13 $6,743.84
Totals: $2,434,899.11 $383,338.46 $18,618.57
TULARE COUNTY AUDITOR-CONTROLLER Attachment A
DIRECT CHARGE (SPECIAL ASSESSMENT) CONTROL
DATE: ___________________________
TO: Tulare County Auditor-Controller
Property Tax Section
Courthouse, Room 101-E
Visalia, CA 93291
FROM: Agency ____________________________________________ Address ____________________________________________
City, State, Zip ______________________________________ Contact Person, Phone ________________________________
Hours Contact Person is available ________________________ E-mail (if available) ____________________________________ Check items included:
_____ 1. Resolution (s) stating compliance with code and that the charge is without regard to property valuation.
_____ 2. Change authorization sheet.
_____ 3. Parcel listing. (not required if submitting electronically) Fund/Charge Control
Tax Code Fund Name __ Parcel Count Amount________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
Attach additional control sheets if necessary.
7/21/2026
City of Porterville
291 N Main Street
Porterville, CA 93257
Daniel Cervantez, (559) 782-7462
8am - 5 pm
[email protected]
X
X
X
52531 PTV455SEWER 215 $42,348.34
52531 PTV456SEWER 198 $62,365.14
52531 PTV458SEWER 381 $82,757.36
52531 PTV459SEWER 318 $56,475.78
Attachment B
TULARE COUNTY AUDITOR-CONTROLLER
AUTHORITY TO APPROVE DIRECT CHARGE (SPECIAL ASSESSMENT)
CHANGES
DISTRICT/AGENCY ________________________________________________ The following persons are authorized to approve changes to our Agency’s Special Assessment:
TYPED NAME_______________________ SAMPLE SIGNATURE_________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ Agency Official Date
_____________________________________
Title
City of Porterville
Richard Tree
Daniel Cervantez
7/21/2026
City Engineer
Attachment C
Compliance Certification and Hold Harmless Statement
The City of Porterville certifies the following:
I have read and am familiar with the requirements of Article XIIIC and XIIID of the State Constitution as revised by Proposition 218, including the articles cited below, and believe that all of the taxes, assessments, levies and fees accompanying this submission to the County Auditor-Controller for inclusion on the secured property tax roll are in compliance with the law.
Article XIIIC. Sec. 2 c. “Any general tax imposed, extended, or increased, without voter approval, by any local government on or after January 1, 1995, and prior to the effective date of this article, shall continue to be imposed only if approved by a majority vote of the voters voting in an election on the issue of imposition, which election shall be held within two years of the effective date of this article and in compliance with subdivision b.”
Article XIIIC. Sec. 2 d. “No local government may impose, extend, or increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved.” Article XIIID. Sec. 5. “…this article shall become effective the day after the election unless otherwise provided. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article.”
Article XIIID. Sec. 6 d. “Beginning July 1, 1997, all fees or charges shall comply with this section.” In addition, the City/District agrees that it shall be solely liable and responsible, and will defend and hold the County harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City/District by the County; and
The City/District shall be solely liable and responsible, and will defend and hold the County and the County Auditor harmless from any and all legal fees or other costs incurred related to such a claim.
Approved by the governing Board on _____________________________________________________ Date
_____________________________________________ ____________________________ City Manager Date
July 21, 2026
July 21, 2026
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
CERTIFYING TO THE COUNTY OF TULARE THE VALIDITY OF THE LEGAL PROCESS
USED TO PLACE DIRECT CHARGES (SPECIAL ASSESSMENTS) ON THE SECURED
TAX ROLL
WHEREAS, the notices and election for special assessment fees for the purpose of sewer construction to be included on the regular County property tax bill for property owners of the Area 455 Sewer Utility District was completed on November 19, 2013; and WHEREAS, the City is placing the special assessments on the Tulare County secured property tax roll for collection; and
WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and
WHEREAS, the monies collected are not in any way to be based on the assessed valuation of the properties involved; and
WHEREAS, the City agrees that it shall be solely liable and responsible, and will defend and hold the County of Tulare harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City by the County; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the list submitted with parcel numbers and amount are certified as being correct, the City Manager, Richard Tree, or City Engineer, Daniel Cervantez, are hereby authorized to sign any documents required and directed to give the list to the Tulare County Auditor on behalf of the City for placement on the secured tax roll for collection:
1. Parcel and Assessment listing
2. Direct Charge (Special Assessment) Control Sheet
3. Direct Charge (Special Assessment) Change Authorization Sheet
4. Compliance Certification and Hold Harmless Statement PASSED, APPROVED AND ADOPTED, this 21st day of July, 2026. ____________________________________
ATTEST: Greg Meister, Mayor
Richard Tree, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
CERTIFYING TO THE COUNTY OF TULARE THE VALIDITY OF THE LEGAL PROCESS
USED TO PLACE DIRECT CHARGES (SPECIAL ASSESSMENTS) ON THE SECURED
TAX ROLL
WHEREAS, the notices and election for special assessment fees for the purpose of sewer construction to be included on the regular County property tax bill for property owners of the Area 456 A, B & C, and E Henderson Ave Sewer Utility District was completed on September 4, 2018; and
WHEREAS, the City is placing the special assessments on the Tulare County secured property tax roll for collection; and
WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and
WHEREAS, the monies collected are not in any way to be based on the assessed valuation of the properties involved; and
WHEREAS, the City agrees that it shall be solely liable and responsible, and will defend and hold the County of Tulare harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City by the County; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the list submitted with parcel numbers and amount are certified as being correct, the City Manager, Richard Tree, or City Engineer, Daniel Cervantez, are hereby authorized to sign any documents required and directed to give the list to the Tulare County Auditor on behalf of the City for placement on the secured tax roll for collection:
1. Parcel and Assessment listing
2. Direct Charge (Special Assessment) Control Sheet
3. Direct Charge (Special Assessment) Change Authorization Sheet
4. Compliance Certification and Hold Harmless Statement PASSED, APPROVED AND ADOPTED, this 21st day of July, 2026. ____________________________________
ATTEST: Greg Meister, Mayor
Richard Tree, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
CERTIFYING TO THE COUNTY OF TULARE THE VALIDITY OF THE LEGAL PROCESS
USED TO PLACE DIRECT CHARGES (SPECIAL ASSESSMENTS) ON THE SECURED
TAX ROLL
WHEREAS, the notices and election for special assessment fees for the purpose of sewer construction to be included on the regular County property tax bill for property owners of the Area 458 Sewer Utility District was completed on May 7, 2013; and WHEREAS, the City is placing the special assessments on the Tulare County secured property tax roll for collection; and
WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and
WHEREAS, the monies collected are not in any way to be based on the assessed valuation of the properties involved; and
WHEREAS, the City agrees that it shall be solely liable and responsible, and will defend and hold the County of Tulare harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City by the County; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the list submitted with parcel numbers and amount are certified as being correct, the City Manager, Richard Tree, or City Engineer, Daniel Cervantez, are hereby authorized to sign any documents required and directed to give the list to the Tulare County Auditor on behalf of the City for placement on the secured tax roll for collection:
1. Parcel and Assessment listing
2. Direct Charge (Special Assessment) Control Sheet
3. Direct Charge (Special Assessment) Change Authorization Sheet
4. Compliance Certification and Hold Harmless Statement PASSED, APPROVED AND ADOPTED, this 21st day of July, 2026. ____________________________________
ATTEST: Greg Meister, Mayor
Richard Tree, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
CERTIFYING TO THE COUNTY OF TULARE THE VALIDITY OF THE LEGAL PROCESS
USED TO PLACE DIRECT CHARGES (SPECIAL ASSESSMENTS) ON THE SECURED
TAX ROLL
WHEREAS, the notices and election for special assessment fees for the purpose of sewer construction to be included on the regular County property tax bill for property owners of the Area 459A & C Sewer Utility District was completed on February 17, 2015; and WHEREAS, the City is placing the special assessments on the Tulare County secured property tax roll for collection; and
WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and
WHEREAS, the monies collected are not in any way to be based on the assessed valuation of the properties involved; and
WHEREAS, the City agrees that it shall be solely liable and responsible, and will defend and hold the County of Tulare harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City by the County; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the list submitted with parcel numbers and amount are certified as being correct, the City Manager, Richard Tree, or City Engineer, Daniel Cervantez, are hereby authorized to sign any documents required and directed to give the list to the Tulare County Auditor on behalf of the City for placement on the secured tax roll for collection:
1. Parcel and Assessment listing
2. Direct Charge (Special Assessment) Control Sheet
3. Direct Charge (Special Assessment) Change Authorization Sheet
4. Compliance Certification and Hold Harmless Statement PASSED, APPROVED AND ADOPTED, this 21st day of July, 2026. ____________________________________
ATTEST: Greg Meister, Mayor
Richard Tree, City Clerk
By: __________________________________
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 30.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: North Friant-Kern Canal Turnout and Basin Project Cost Sharing Agreement SOURCE: Planning and Engineering
COMMENT: The North Friant-Kern Canal Turnout and Basin Project is a regional water supply and groundwater recharge project that will improve the City's longterm water reliability and assist the City and other local water agencies in meeting the requirements of the Sustainable Groundwater Management Act (SGMA). The project includes construction of a new turnout from the FriantKern Canal, groundwater recharge basin, associated pipelines, concrete structures, earthwork, and related improvements.
On September 19, 2023, the City Council awarded the construction contract for the North Friant-Kern Canal Turnout and Basin Project to Nicholas General Engineering Contractors. The project required regulatory approval for work within the Friant-Kern Canal. Although the project was ready to proceed, the required State permit was not issued in time to complete the work during the scheduled canal shutdown. Because construction within the canal can only occur during designated shutdown periods, the project was delayed until the next scheduled shutdown beginning in October 2026.
As a result of the delay, the construction contract increased to $2,179,610.50.
Including construction contingency, construction management, and quality control services, the revised estimated project cost is $2,615,532.60.
Because the completed project will provide mutual benefits to both the City and the Porterville Irrigation District (PID) by increasing groundwater recharge capacity and supporting regional compliance with SGMA, the parties have negotiated a Cost Sharing Agreement under which each agency will pay fifty percent (50%) of the total eligible project costs. The City will administer the construction contract and pay project costs as incurred, and PID will reimburse the City for its fifty percent share in accordance with the Agreement.
The City's fifty percent share of the project is funded through the adopted Capital Improvement Program utilizing Water Replacement Funds. Staff has reviewed the proposed Cost Sharing Agreement and finds it acceptable.
Item No. 30.
RECOMMENDATION: That the City Council adopt the attached Resolution authorizing the Mayor and City Manager to execute the Cost Sharing
Agreement with the Porterville Irrigation District for the North Friant-Kern Canal Turnout and Basin Project, subject to final approval as to form by the City Attorney.
ATTACHMENTS: 1. Draft Resolution
2. Draft Cost Sharing Agreement
Appropriated/Funded:
Review By:
Department Director:
Clayton Dignam, Acting Planning and Engineering Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF PORTERVILLE, CALIFORNIA,
AUTHORIZING THE MAYOR AND CITY ENGINEER TO EXECUTE A COST SHARING
AGREEMENT BETWEEN THE CITY OF PORTERVILLE AND PORTERVILLE
IRRIGATION DISTRICT FOR THE NORTH TURNOUT AND BASIN PROJECT WHEREAS, City is planning a turnout and groundwater recharge basin along the Friant Kern Canal just north of Westfield Avenue and west of Westwood Street, Porterville, and commonly known as the North Friant Kern Canal Turnout and Basin Project, a site map of which is attached hereto as Exhibit “A” and incorporated herein for reference; and WHEREAS, City has contracted with an “A” licensed General Engineering contractor to complete the North Friant Kern Canal Turnout and Basin Project to project plans and specifications; and WHEREAS, the North Friant Kern Canal Turnout and Basin Project is mutually beneficial to the City and PID and their abilities to meet the requirements of the Sustainable Groundwater Management Act (SGMA); and
WHEREAS, the Parties intend to pay for and share the total cost of the North Friant Kern Canal Turnout and Basin Project in accordance and consistent with the approved contract amounts, utilized contingency amounts, and utilized construction management and quality control costs attached hereto as Exhibit “B” and incorporated herein by the reference; and WHEREAS, both parties understand and agree that the strict deadlines for completion of the project work in the water channel may incur additional costs to the project beyond the estimated amounts detailed in Exhibit “B”; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Porterville approves the Cost-Sharing Agreement between the City of Porterville and the Porterville Irrigation District and authorizes the Mayor and City Manager to execute the Cost-Sharing Agreement on behalf of the City of Porterville.
PASSED, ADOPTED AND APPROVED this 21st day of July, 2026. ____________________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
______________________________________________
By: Fernando Gabriel-Moraga, Chief Deputy City Clerk
EXHIBIT A
6 EXHIBIT B
PRELIMINARY COST ESTIMATE
NORTH TURNOUT & BASIN PROJECT
NORTH FRIANT KERN
CANAL TURNOUT AND
BASIN
TOTAL
ESTIMATED
COST
CITY
SHARE
50%
PID
SHARE
50%
CONSTRUCTION CONTRACT
AMOUNT
-------------------------------------------------
ALLOCATED CONSTRUCTION
CONTINGENCY
$2,179,610.50
--------------------
$217,691.05
$1,089,805.25
----------------
$108,845.53
$1,089,805.25
-----------------
$108,845.52
CONSTRUCTION MANAGEMENT
& QUALITY CONTROL
$217,691.05 $108,845.52 $108,845.53
TOTALESTIMATED COSTS $2,615,532.60 $1,307,766.30 $1,307,766.30 1 COST SHARING AGREEMENT BETWEEN CITY OF
PORTERVILLE
AND
PORTERVILLE IRRIGATION DISTRICT
This Cost Sharing Agreement (“Agreement”) is entered into as of , 2026, (The "Effective Date”) by and between the CITY
OF PORTERVILLE (“CITY”) and the PORTERVILLE IRRIGATION
DISTRICT (“PID”). CITY and PID may hereinafter collectively be referred to as the “Parties,” or individually be referred to as “Party.”
RECITALS
WHEREAS, CITY is planning a turnout and groundwater recharge basin along the Friant Kern Canal just north of Westfield Avenue and west of Westwood Street, Porterville, and commonly known as the North Friant Kern Canal Turnout and Basin Project (the “Project Site”), a site map of which is attached hereto as Exhibit “A” and incorporated herein by this reference; and, WHEREAS, CITY has contracted with an “A” licensed General Engineering contractor to complete the North Friant Kern Canal Turnout and Basin Project to project plans and specifications; and, WHEREAS, the North Friant Kern Canal Turnout and Basin Project is mutually beneficial to the CITY and PID and their abilities to meet the requirements of the Sustainable Groundwater Management Act (SGMA); and,
WHEREAS, the Parties intend to pay for and share the total cost of the North Friant Kern Canal Turnout and Basin Project in accordance and consistent with the approved contract amounts, utilized contingency amounts, and utilized construction management and quality control costs attached hereto as Exhibit “B” and incorporated herein by the references; and,
WHEREAS, both parties understand and agree that the strict deadlines for completion of the project work in the water channel may incur additional costs to the project beyond the estimated amounts detailed in Exhibit “B” WHEREAS, the Parties desire to set forth their respective rights, duties, obligations and procedures in regards to the construction of the Facilities.
2 NOW, THEREFORE, for the good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
Section 1. Incorporation of Recitals. The Parties hereby acknowledge and agree that the RECITALS above are true and correct, and are incorporated into this Agreement.
Section 2. Construction Observation.
2.1 The City Engineer and Construction Project Manager
shall monitor the construction of the project. City water department staff shall monitor the ongoing condition and operation and keep the Parties informed of the status of each.
A Cost Sharing Agreement between the Parties
pertaining to the construction of the project, including but not limited to cost sharing and a payment schedule, is
attached as Exhibit “B” to this Agreement.
2.2 The City Engineer and Construction Project Manager are hereby authorized to delegate their authority in such
manner as mutually agreed upon.
2.3 The City will update PID accordingly of any changes in anticipated costs due to the strict completion deadlines for work within the water channel or any other changes
in costs that could incur costs beyond those detailed in Exhibit “B”.
Section 3. Use of Facility. Upon project completion, the turnout component will be under the managing authority of the Friant Water Authority, as it is a structural component of the Friant-Kern Canal, an aqueduct they manage. The turnout will be utilized as a benefit to both the CITY and PID for delivery of supplemental water supplies during the season.
The basin portion of the project will be controlled and maintained by the CITY as it is constructed on CITY property.
The basin is strategically placed to recharge groundwater and help with SGMA compliance in a manner that is mutually
beneficial to the local water authorities in the area, including 3 the CITY and PID.
Section 4. Maintenance of Facility.
4.1 Responsibility for Maintenance. CITY shall be
responsible for the safety, security, and operations of the completed basin component of the project, including the performance of all maintenance, as it is located on CITY property.
The regular maintenance of the turnout component of the project will fall under the control and responsibility of Friant Water Authority.
Damages Resulting from Negligence. CITY and PID
shall be solely responsible for the cost of repairing any damage to the Facilities resulting from its own
negligence or misuse or that of its respective users. CITY and PID shall be solely responsible for the cost of nonroutine custodial expenses, including overtime costs, resulting from its own negligence or misuse or that of its respective users.
Section 5. Notices. All notices to either party shall be in writing and shall be addressed as follows:
District: Manager or Assistant General Manager
Porterville Irrigation District
22086 Avenue 160
Porterville, CA 93257
City: Public Works Director
555 N Prospect Street
Porterville, California 93257
Section 6. Authority. The person(s) executing this Agreement on behalf of the Parties hereto warrant that: (a) such Party is duly organized and existing, (b) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (c) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (d) the entering into this Agreement by a Party does not violate any provision of any other agreement to which said Party is bound.
Section 7. Conflicts of Interest. No director, officer, official, 4 representative, agent or employee of any Party shall have any financial interest, direct or indirect, in this Agreement.
Section 8. Cooperation. The Parties acknowledge that it may be necessary to execute documents other than those specifically referred to herein in order to complete the objectives and requirements that are set out in this Agreement. The Parties hereby agree to cooperate with each other by executing such other documents or taking such other actions as may be reasonably necessary to complete the objectives and requirements set forth herein in accordance with the intent of the Parties as evidenced in this Agreement.
Section 9. Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any
partnership, joint venture or other agreement between CITY and PID.
Section 10. Third Party Beneficiaries. No term or provision of this Agreement is intended to be, or shall be, for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder.
Section 11. Ambiguities Not to be Construed Against Drafting Party. The doctrine that any ambiguity contained in a contract shall be construed against the party whose counsel has drafted the contract is expressly waived by each of the Parties hereto with respect to this Agreement.
Section 12. Non-liability of Officials. No officer, member, employee, agent, or representative of the Parties shall be personally liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon, shall be personally enforced against any such officer, official, member, employee, agent, or representative.
Section 13. No Third-Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not signatory to this Agreement.
Section 14. Venue. The laws of the State of California shall govern this Agreement, and all matters relating to it and any action brought relating to this Agreement shall be held exclusively in a state 5 court in the County of Tulare.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first herein above written.
CITY OF PORTERVILLE PORTERVILLE IRRIGATION
A CaliforniaCharterMunicipalCorporation DISTRICT
BY: BY:
Greg Meister, City Mayor Assistant General Manager
ATTEST: ATTEST:
BY: BY:
Richard Tree, City Manager Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
BY: BY:
City Attorney Attorney
"Exhibit A"
6 EXHIBIT B
PRELIMINARY COST ESTIMATE
NORTH TURNOUT & BASIN PROJECT
NORTH FRIANT KERN
CANAL TURNOUT AND
BASIN
TOTAL
ESTIMATED
COST
CITY
SHARE
50%
PID
SHARE
50%
CONSTRUCTION CONTRACT
AMOUNT
-------------------------------------------------
ALLOCATED CONSTRUCTION
CONTINGENCY
$2,179,610.50
--------------------
$217,691.05
$1,089,805.25
----------------
$108,845.53
$1,089,805.25
-----------------
$108,845.52
CONSTRUCTION MANAGEMENT
& QUALITY CONTROL
$217,691.05 $108,845.52 $108,845.53
TOTALESTIMATED COSTS $2,615,532.60 $1,307,766.30 $1,307,766.30 Item No. 31.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Selection of On-Call Engineering and Surveying Services Consultants SOURCE: Planning and Engineering
COMMENT: The City utilizes on-call engineering and surveying consultants to provide specialized professional services for Capital Improvement Program projects, development review, utility improvements, grant-funded projects, and other public infrastructure needs. Maintaining an on-call list allows the City to efficiently procure professional services while complying with applicable state and local procurement requirements.
On March 3, 2026, the City Council authorized staff to distribute a Request for Qualifications (RFQ) to establish a new on-call list for engineering and surveying services. Staff subsequently received twelve (12) Statements of Qualifications (SOQs) from firms interested in providing these services.
The SOQs were evaluated in accordance with the City's Policy for Selecting Consultants to Provide Architectural, Engineering, and Similar Services adopted by City Council Resolution No. 16-2001. Evaluation criteria included qualifications, technical capability, project experience, staffing, project performance, familiarity with the City's needs, and other factors identified in the City's consultant selection policy.
Based on the evaluation results, staff recommends establishing on-call contracts with firms receiving an average evaluation score of 80 points or greater. These firms demonstrated the highest overall qualifications and possess the experience necessary to provide engineering and surveying services on an as-needed basis during the proposed contract term.
Firm Name Points
QK, Inc 89.5 pts
Provost & Pritchard Consulting Group 88.8 pts
Carollo 84.7 pts
4Creeks, Inc. 84.0 pts
Dee Jaspar & Associates, Inc 84.0 pts
Yamabe & Horn Engineering, Inc 82.8 pts
Item No. 31.
Precision Civil Engineering, Inc 81.2 pts
Peters Engineering Group 80.7 pts
Diversified Project Services
International (DPSI)
80.2 pts
Mid-Valley Engineering 71.5 pts
Kad Engineers & Surveyors* 64.0 pts
Executive Engineering 55.0 pts
* Submitted for On-Call Surveying Services Only
Selection to the on-call list does not guarantee work. Individual task orders will be issued on an as-needed basis depending on project requirements, consultant expertise, and available funding.
RECOMMENDATION: That the City Council:
1. Approve the establishment of an on-call list for engineering and surveying services consisting of QK, Inc., Provost & Pritchard Consulting Group, Carollo, 4Creeks, Inc., Dee Jaspar &
Associates, Inc., Yamabe & Horn Engineering, Inc., Precision Civil Engineering, Inc., Peters Engineering Group, and Diversified Project Services International (DPSI);
2. Authorize the Planning and Engineering Director to negotiate and execute professional services agreements with the selected firms, subject to approval as to form by the City Attorney;
3. Authorize the Planning and Engineering Director and/or City Engineer to execute individual task orders; and
4. Authorize payment upon satisfactory completion of
authorized task orders.
ATTACHMENTS: 1. Consultant Selection Rating Form Ranking Appropriated/Funded:
Review By:
Department Director:
Clayton Dignam, Acting Planning and Engineering Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
CONSULTANT SELECTION RATING FORM
Project Name: On-Call Engineering & Surveying Services
2026
Evaluation Factor
Rating Factor Numerical
Range & Weighting Based
on Importance of Factor
Score Score Score Score Score Score Score Score Score Score Score Score a. Capability to perform all or most aspects of the project. 0-10 8.0 9.5 7.3 7.3 8.7 9.0 9.2 8.7 8.7 9.0 9.3 6.3b. Recent experience in projects comparable to the proposed project. 0-10 8.8 9.2 7.3 7.7 8.8 8.8 9.2 8.8 8.8 9.2 9.2 5.3c. Firm’s reputation for professional integrity and competence. 0-5 4.2 4.7 3.3 4.0 4.2 4.3 4.7 4.3 4.7 4.7 4.7 4.5d. Key personnel’s professional background and caliber. 0-7 5.8 6.8 5.0 6.2 5.8 6.5 6.2 5.8 6.5 6.5 6.5 5.0e. Adequate qualified personnel available for assignment to the project. 0-5 4.2 4.5 3.0 3.8 4.2 4.0 4.2 4.2 4.2 4.5 4.5 2.3f. Recent experience in specialized areas of expertise associated with the project. 0-5 4.2 4.2 3.7 3.8 4.2 4.2 4.2 4.2 4.2 4.5 4.5 2.3 g. Demonstrated ability to meet schedules or deadlines. 0-10 7.7 7.7 6.3 7.3 7.3 7.3 8.0 8.2 8.0 8.3 8.3 5.0 h. Demonstrated ability to complete projects without having major cost escalations or overruns. 0-7 4.7 4.3 4.7 4.8 4.3 5.0 5.3 5.7 4.7 5.7 5.7 4.3 i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration. 0-10 8.3 8.7 8.3 8.3 8.7 8.3 8.7 8.3 8.7 9.0 9.0 7.0 j. Quality of project previously undertaken. 0-10 8.8 9.2 7.7 8.2 8.8 8.8 8.8 8.8 9.2 9.2 9.2 7.0k. Familiarity with and proximity to the geographic location of the project. 0-5 4.0 3.7 1.0 2.2 4.0 3.7 4.3 4.0 4.3 4.3 4.0 1.5l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office. 0-3
2.5 2.8 1.8 2.2 2.5 2.5 2.5 2.5 2.8 2.8 2.8 1.0
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns. 0-5 3.5 3.5 2.5 3.0 4.0 3.7 4.0 3.7 4.2 4.3 4.0 1.3 n. Degree of interest shown in undertaking the project. 0-3 2.3 2.3 2.0 2.0 2.0 2.0 2.3 2.0 2.3 2.5 2.5 1.7o. Evidence that consultant is an equal opportunity employer. 0-2 2.0 2.0 0.0 0.0 2.0 0.0 0.0 2.0 0.0 2.0 2.0 0.3p. Proximity of firm’s office to project. 0-3 1.7 1.7 0.0 0.7 1.7 2.0 2.5 1.7 2.8 3.0 2.7 0.0 TOTAL SCORE: Maximum Points Possible = 100 80.7 84.7 64.0 71.5 81.2 80.2 84.0 82.8 84.0 89.5 88.8 55.0 FIRM
Mid-Valley
Engineering
Precision
Civil
Engineering
DPSI 4Creeks Yamabe & Horn Eng. Dee Jaspar & Associates QK Provost & Pritcard Peters Engineering Carollo Kad Engineers & Surveyors Executive Engineering Item No. 32.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Approval of Community Civic Event Application for the "El Grito! Fun Run" SOURCE: Finance
COMMENT: The Association of Mexican American Educators has submitted a Community Civic Event Application requesting approval to conduct the "El Grito! Fun Run" on Saturday, September 12, 2026, from 6:30 a.m. to 12:00 p.m., including event set-up. The purpose of the event is to raise scholarship funds to assist local high school graduates in pursuing higher education.
The event will utilize the Tule River Parkway Trail between West Parkway Drive and Jaye Street, as identified on the attached route map. The required Certificate of Liability Insurance and Additional Insured Endorsement have been reviewed and approved.
The Community Civic Event Application has been submitted in accordance with Community Civic Events Ordinance No. 1326, as amended. The application has been reviewed by the Police Department, Fire Department, Parks and Leisure Services Department, Administrative Services Department, Public Works Department, and Risk Management. All applicable operational requirements and conditions are contained in the Application and Agreement, Exhibit A and Exhibit B. Staff has determined that the proposed event complies with the requirements of the Community Civic Events Ordinance, subject to the conditions contained in Exhibit A and Exhibit B.
RECOMMENDATION: That the City Council approve the Community Civic Event Application submitted by the Association of Mexican American Educators for the "El Grito! Fun Run" scheduled for September 12, 2026, subject to the conditions and requirements contained in the Application and Agreement, Exhibit A and Exhibit B.
ATTACHMENTS: 1. Community Civic Event Application and Agreement, Exhibit A, Exhibit B, Map, Outside Amplifier Permit, Certificate of Liability Insurance, and Flyer.
Item No. 32.
Appropriated/Funded:
Review By:
Department Director:
Trisha Whiteley, Acting Finance Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 33.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Approval of Classification Adjustment Within the Public Works Department SOURCE: Administrative Services
COMMENT: After an internal review, staff recommends approval of a departmental reorganization within the Public Works Department to reflect current operational needs of the City's Lab. Specifically, staff recommends reclassifying the Chemist I position to a Lab Technician II classification. Over time, a significant portion of the original chemist-level duties has been outsourced to external labs. As a result, the Chemist's current responsibilities no longer reflect the full scope of the City's Chemist classification. The remaining duties are more consistent with laboratory support functions and routine testing aligned with a Lab Technician role.
Implementation of this reclassification is subject to the applicable meet-andconfer process with the bargaining unit and will not occur until that process has been completed.
RECOMMENDATION: That the Council approve the reclassification of the Chemist I position to Lab Technician II classification, subject to meet-andconfer requirements.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 34.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Authorization of Additional Funding to Complete the City Council Chambers Renovation Project
SOURCE: City Manager's Office
COMMENT: On May 5, 2026, the City Council awarded the City Council Chambers Renovation Project to CORE Business Interiors in the amount of $52,581.00, authorized a 10% construction contingency, and approved a total project budget of $57,839.10. The project included refinishing the existing dais, laminate improvements, countertop modifications, cabinetry improvements, and other interior finishes designed to modernize the Council Chambers while maintaining its civic character.
The approved renovation design also included installation of "E PLURIBUS UNUM" acrylic lettering in front of the City Council dais as a new architectural feature. During construction, staff determined that additional laminate, edging, and baseboard improvements were necessary to complete the renovation. To allow those improvements to be completed within the available project budget, the installation of the "E PLURIBUS UNUM" lettering was removed from the construction contract.
The Council Chambers Renovation Project has now been substantially completed, and installation of the "E PLURIBUS UNUM" lettering represents the final remaining element of the approved design. Staff has obtained a proposal from CORE Business Interiors for fabrication and installation of the custom acrylic lettering in a satin silver finish. The proposal includes fabrication, transportation, installation, and applicable sales tax for a total cost of $5,751.47.
The original project budget has been fully expended. Staff is requesting an additional appropriation of $5,751.47 from the City Council Budget to complete the City Council Chambers Renovation Project as originally envisioned and provide a finished appearance consistent with the approved project design.
RECOMMENDATION: That the City Council:
Item No. 34.
1. Authorize additional funding in the amount of $5,751.47 for the City Council Chambers Renovation Project; and
2. Authorize the City Manager, or designee, to execute any documents necessary to complete the signage installation.
ATTACHMENTS: 1. CORE Business Interiors Proposal
2. Signage Rendering
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Proposal
CORE Business Interiors
PO Box 25519
Fresno, CA 93729
Phone: 559-297-6400
Quote/Order No 28913
Date 07/15/2026
Customer PO No
Customer Account COP
Account Executive Sonja Sorrick
Project Number 13612
Terms 80% DEPOSIT NET 30
5 T
O
City Of Porterville- CITY HALL
291 N Main Street
Porterville, CA 93257-3737
ATTN: Rich Tree
Phone: 559-782-7499
Email: [email protected]
S
H
I
P
T
O
City Of Porterville- CITY HALL
291 N Main Street
Porterville, CA 93257-3737
ATTN: Rich Tree
Phone: 559-782-7499
Email: [email protected]
Updated SIGNAGELine Quantity Catalog Number/Description Unit Price Extended Amount 1 1.00
Each
FASTSIGNS
LETTERS
5" TALL CUSTOM ACRYLIC LETTERS 3/4"THK - only- to
read- E PLURIBUS UNUM / TOTAL WIDTH: 60"
Finish: Silver
Mark Line For: Tag TG: SIGNAGE
Tag GC: PORTERVILLE
3,702.00 3,702.00
2 1.00
Each
FASTSIGNS
TRAVEL
TRAVEL- TRANSPORT- INSTALLATION
Mark Line For: Tag TG: INSTALL
Tag GC: PORTERVILLE
1,562.50 1,562.50
TOTAL: $5,264.50
9.2500%-PORTERVILLE-93257-3737-TULARE SALES TAX: $486.97 GRAND TOTAL: $5,751.47
Proposal
CORE Business Interiors
PO Box 25519
Fresno, CA 93729
Phone: 559-297-6400
Quote/Order No 28913
Date 07/15/2026
Customer PO No
Customer Account COP
Account Executive Sonja Sorrick
Project Number 13612
Terms 80% DEPOSIT NET 30
5 Terms of Agreement
Payment and Invoicing Terms:
For all purchases where CORE Business Interiors is acting as agent between manufacturer and client, invoices will be produced by the individual manufacturer and client payment will be remitted directly to the manufacturer. All terms set forth in agreement with manufacturer will apply.
For all purchases where product is being procured by CORE Business Interiors for resale to Client, the following progress payment schedule will apply; this schedule will apply to the entire amount of the proposal including labor, freight and tax. Sales tax charged will be the rate at the time of billing.
Private Sector Sales Over $3000 (Established customer with good credit history) • First Installment: Payment of 80% of the total purchase price will be due prior to execution of order. • Second Installment: Payment of 20% will be due and payable upon the completion of installation. Retention may only be held for 10% of specific products that are delayed or damaged.
Public Sector Sales (County, City, K-12, Higher Education, etc.) over $200,000 with Valid Purchase Order • Public sector sales are any sale made directly to a City, County, or State government. This includes public school districts and public higher education facilities. Private non-profit entities are considered Private Sector. • Progress billing will be required based on a schedule of values outlined below and may be broken out by phase on larger projects:
◦ 80% of product portion of order will be billed when product leaves factory and will be due upon delivery ◦ 10% of product and all installation labor will be due upon completion of work ◦ 10% retention of product will be due and payable immediately after completion of punch list All proposals are generated with a cash discount included in the pricing. If you would like to pay with a method other than check, EFT, wire or cash, please contact our office for a revised quote.
Bondable:
Should bond be required, all costs of bond will be added to the P.O. Amount.
Order Cancellation:
Buyer acknowledges all product related to the project are special ordered to the Buyer’s specifications and that CORE Business Interiors has no ability to cancel the order after placement with the manufacturer. Buyer acknowledges and agrees to comply with the Terms and Conditions attached hereto. This order is non-returnable and non-refundable.
Proposal
CORE Business Interiors
PO Box 25519
Fresno, CA 93729
Phone: 559-297-6400
Quote/Order No 28913
Date 07/15/2026
Customer PO No
Customer Account COP
Account Executive Sonja Sorrick
Project Number 13612
Terms 80% DEPOSIT NET 30
5 Liquidated Damages:
CORE will not agree to any liquidated damages unless a seperate, mutually agreed upon document outlines all vendor, Client, and Contractor expectations. This document and critical dates would need to be agreed on by all vendor suppliers on order.
Warranty for Products:
It is the desire of CORE Business Interiors to represent manufacturers who expressly warrant their products for five years or longer, however not all manufacturers offer such express warranties. CORE Business Interiors’ sole responsibility with respect to the products shall be to pass to Client, to the extent available, any and all manufacturer warranties, express and/or implied, associated with the manufacturers’ products. Client agrees to look solely to the manufacturer for any and all product defects, and shall hold CORE Business Interiors harmless for any and all claims for product liability. CORE Business Interiors shall provide to the best extent possible, all supporting requests of client to implement manufacturers’ warranties. CORE Business Interiors expressly warrants that CORE Business Interiors is an authorized reseller of products being sold under this contract; however, CORE Business Interiors does not make any other express warranty, other than the Warranty of Service set forth below.
Warranty of Service:
CORE Business Interiors warrants that its services it provides will be performed in a workmanlike manner in accordance with industry standards. In the event of failure due to faulty installation, CORE Business Interiors will re-perform the labor to industry standards.
Disclaimer of Implied Warranties:
GOODS PURCHASED BY CLIENT UNDER THIS AGREEMENT ARE PURCHASED “ AS IS,” AND CORE Business Interiors DOES NOT WARRANT THAT SUCH GOODS ARE OF MERCHANTABLE QUALITY, OR THAT THEY MAY BE USED FOR A PARTICULAR PURPOSE.
Excess Handling and Storage:
It is assumed under this contract that the Client project installation site will be ready to immediately receive product unless stated otherwise on product proposal. Site is to be free of other trades and/or existing furniture and equipment, with clear access to area where furniture is to be installed. If furniture is to be installed above or below the ground floor, an operational elevator must be available for use. All full trailer shipments will go directly to project site and LTL shipments will be received and redistributed through CORE Business Interiors authorized warehouse and delivery crew.
LTL shipments must be accepted by Client for delivery within 30 calendar days of receipt. Any delays beyond 30 calendar days will result in storage charges. Storage will be charged at the rate of $49.00 per standard size pallet per month. Any additional labor caused by delays, excess handling, special equipment and storage not the direct fault of CORE Business Interiors, will be charged back to client. Charges for storage and excess handling that have accrued prior to installation must be paid in full prior to start of installation or installation may be delayed or cancelled.
Proposal
CORE Business Interiors
PO Box 25519
Fresno, CA 93729
Phone: 559-297-6400
Quote/Order No 28913
Date 07/15/2026
Customer PO No
Customer Account COP
Account Executive Sonja Sorrick
Project Number 13612
Terms 80% DEPOSIT NET 30
5 Delivery and Installation:
All services provided by CORE Business Interiors are provided during normal working hours of 8AM to 5PM, Monday through Friday. Quotes for work outside of normal business hours may be requested and appropriate overtime quote will be supplied prior to start of work.
All costs are based on the costs of receiving, inspecting, assembling, delivering, and staging the product including cleanup costs. In addition, delivery & assembly is an estimate based on the following assumptions. Any variance from the following assumptions will increase the delivery & assembly price:
• Work area must be clear of all other construction/installation trades or other obstructions. • Work area will have electricity, heat, hoisting, elevator service, and adequate facilities for off-loading, staging, moving and handling of product.
• There is clear access to loading area or loading dock and freight elevator. • There is reasonable "push" distance from loading area or loading dock installation area. • Single handling of product from trucks into designated delivery / installation space.
Late Payment Fee:
Any Payments that are past due more than 30 days, will be subject to a late payment fee of 1.5% per month or 18% per annum. Client shall pay for all costs of collection of late payments including but not limited to, attorney fees, court costs and/or collection agency fees.
Security Interest:
The undersigned hereby grants to CORE Business Interiors a security interest in any goods purchased under this Agreement. If Client defaults in payment when due, then CORE Business Interiors shall have all rights and remedies granted to a secured party under the California Commercial Code. Title of goods will not pass to customer, and all merchandise will remain the property of CORE Business Interiors, until the merchandise has been paid for in full.
Governing Law:
This agreement shall be governed by and construed in accordance with the laws of the State of California.
Agreement:
In witness whereof, the parties hereto have executed this agreement on the dates indicated below. ______________________________________ ______________________________________ Client Signature CORE Business Interiors
______________________________________
______________________________________
Name Name
Account Executive
Proposal
CORE Business Interiors
PO Box 25519
Fresno, CA 93729
Phone: 559-297-6400
Quote/Order No 28913
Date 07/15/2026
Customer PO No
Customer Account COP
Account Executive Sonja Sorrick
Project Number 13612
Terms 80% DEPOSIT NET 30
5 ______________________________________ ______________________________________ Title Title
______________________________________ ______________________________________ Date Date
½” 3/4”
Side View
5.125”
5.125”
60”
Non Illuminated Acrylic Letters
Satin Finish
Item No. 35.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Approve the Mayor's Request to Prepare a Courtesy Water Leak Adjustment Program
SOURCE: City Manager's Office
COMMENT: The Mayor has requested that the City Council direct staff to prepare a proposed Courtesy Water Leak Adjustment Program for residential and commercial utility customers who experience unusually high utility bills resulting from qualifying water leaks.
A Courtesy Water Leak Adjustment Program generally provides a one-time billing adjustment to residential and commercial utility customers who experience an unexpected water leak that results in unusually high water consumption. Such programs typically establish eligibility criteria, documentation requirements, adjustment limitations, and administrative procedures to ensure the program is applied consistently and fairly while protecting the financial integrity of the City's water utility.
At this time, no Courtesy Water Leak Adjustment Program has been developed or evaluated by staff. Approval of the recommended action would direct staff to prepare a proposed Courtesy Water Leak Adjustment Program for City Council consideration. The proposed program would include recommended eligibility requirements, administrative procedures, adjustment criteria, fiscal impacts, and implementation considerations.
Approval of this item does not establish a Courtesy Water Leak Adjustment Program or adopt any policy. Staff will evaluate available options and return with the proposed program for discussion and consideration at the August 4, 2026, regular City Council meeting.
RECOMMENDATION: That the City Council approve the Mayor's request to direct staff to prepare and return with a proposed Courtesy Water Leak Adjustment Program for City Council consideration at the August 4, 2026, regular City Council meeting.
Item No. 35.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 36.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Approve Councilmember Beltran's Request to Prepare a Mobile Home Park Rent Stabilization Ordinance
SOURCE: City Manager's Office
COMMENT: Councilmember Beltran has requested that the City Council direct staff to prepare a proposed Mobile Home Park Rent Stabilization Ordinance for City Council consideration.
A Mobile Home Park Rent Stabilization Ordinance generally establishes regulations governing rent increases for mobile home spaces within mobile home parks. Such ordinances typically include provisions addressing allowable rent adjustments, exemptions, notice requirements, administrative procedures, and enforcement mechanisms while balancing the interests of mobile home park residents and park owners.
At this time, no proposed Mobile Home Park Rent Stabilization Ordinance has been developed or evaluated by staff. Approval of the recommended action would direct staff to prepare a proposed ordinance for City Council consideration. The proposed ordinance would include recommended regulatory provisions, legal considerations, implementation procedures, stakeholder input, fiscal impacts, and administrative requirements.
Approval of this item does not adopt a Mobile Home Park Rent Stabilization Ordinance or establish any regulatory requirements. Staff will evaluate applicable state law, available policy options, and implementation considerations and return with a proposed ordinance for discussion and consideration at the next regular City Council meeting.
RECOMMENDATION: That the City Council approve Councilmember Beltran's request to direct staff to prepare and present a proposed Mobile Home Park Rent Stabilization Ordinance for City Council consideration at the next regular City Council meeting.
Item No. 36.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 37.
CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Approve the Vice Mayor's Request to Prepare Amendments to the Unauthorized Camping Ordinance to Strengthen Protection of Public Spaces and Critical Infrastructure
SOURCE: City Manager's Office
COMMENT: The Vice Mayor has requested that the City Council direct staff to prepare proposed amendments to Article VII of Chapter 18 of the Porterville Municipal Code regulating unsafe and unauthorized camping and storage of personal property for City Council consideration.
The Vice Mayor has requested that staff evaluate amendments intended to strengthen protections for public spaces, including the City's pedestrian trail system, parks, City facilities, critical infrastructure, and other public spaces. In addition, the Vice Mayor has requested that staff evaluate enhanced enforcement mechanisms and penalties for violations consistent with applicable state and federal law.
The City's current Unauthorized Camping Ordinance (Ordinance No. 1914) is attached for reference. At this time, no proposed amendments to the ordinance have been developed or evaluated by staff. Approval of the recommended action would direct staff to prepare proposed amendments for City Council consideration. The proposed amendments would include recommended ordinance revisions, legal considerations, implementation procedures, operational impacts, stakeholder input as appropriate, fiscal impacts, administrative requirements, and enforcement options.
Approval of this item does not amend the Porterville Municipal Code or adopt any changes to the City's Unauthorized Camping Ordinance. Staff will evaluate applicable state and federal law, available policy options, implementation considerations, and recommendations from the City Attorney, Police Department, Fire Department, Parks & Leisure Services Department, and other affected departments and return with proposed ordinance amendments for discussion and consideration at the next regular City Council meeting.
RECOMMENDATION: That the City Council approve the Vice Mayor's request to direct Item No. 37.
staff to prepare and present proposed amendments to Article VII of Chapter 18 of the Porterville Municipal Code regulating unsafe and unauthorized camping and storage of personal property for City Council consideration at the next regular City Council meeting.
ATTACHMENTS: 1. Ordinance No. 1914 - Amending Article VII of Chapter 18 Regulating Unsafe and Unauthorized Camping and Storage
of Personal Property
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk ORDINANCE NO. 1914
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING ARTICLE VII OF CHAPTER 18 REGULATING UNSAFE AND UNAUTHORIZED CAMPING AND STORAGE OF PERSONAL
PROPERTY, THE PROTECTION OF CRITICAL INFRASTRUCTURE, AND MITIGATION OF HARM TO THE
PUBLIC HEALTH, SAFETY AND WELFARE
WHEREAS, the City of Porterville ("City") encourages the use of open spaces and facilities within the City by all members of the community; and
WHEREAS, all people have a right to be protected from environmental pollution and to live in and enjoy clean, healthful, and safe living conditions; and
WHEREAS, camping in undesignated campsites within the City limits creates unsanitary, unhealthy, disorderly, and dangerous conditions that may affect both the campers and the general public, for example when the camping has occurred in the Tule Riverbed or along the embankments, where there has been both severe flood and fire dangers to those camping and the public depending on the season; and
WHEREAS, camping in undesignated campsites within the City limits tends to degrade and even destroy the property upon which the camping is occurring, particularly in situations where an encampment is large and ongoing; and
WHEREAS, camping in undesignated campsites within the City limits not only detracts from the use of the property for its intended purposes but also can create dangerous conditions for the public; and WHEREAS, the City has the authority to adopt regulations to ensure the public's health, safety, and general welfare, and desires to regulate camping within the City; and WHEREAS, the U.S. Supreme Court, in the case of Johnson v. City of Grants Pass, 603 U.S. 520 (2024) ("Grants Pass") ruled that enforcement of generally applicable laws regulating camping on public property does not constitute cruel and unusual punishment, and local governments can enforce ordinances banning sleeping or camping on public property; and WHEREAS, there are available low barrier overnight shelters operating within the City to serve individuals experiencing homelessness in the City; and
WHEREAS, the City has invested significant funds, resources, and time to assist persons experiencing homelessness to find temporary and permanent shelter and necessary public health services to address the causes of their homelessness, has sought to address the underlying issues contributing to homelessness and has striven to be a part of the solution. These City of Porterville actions and efforts include:
1. City Council, City Manager and staff participation on committees and sub-committees with service groups, regional non-profits, County Public Health Services, and other agencies to address causes of homelessness and work towards solutions.