Porterville City Council
July 21, 2026

Ordinance No. 1914

2. The Police Department's creation, expansion, and continued operation of a SMART team to provide homeless liaison services to address needs of the unhoused within the City limits and encourage coordination or facilitate connections with available resources.

3. The City's development of low-barrier shelters, a Navigation Center, and permanent supportive housing to help support the needs of persons experiencing homelessness.

4. The City's support and collaboration with local service providers to assist individuals and families experiencing homelessness, with funding focused on emergency shelters, housing navigators, bridge housing and permanent supportive housing.

5. The City has transferred the City's portion of the National Opioid Settlement back to Tulare County to manage a regional effort to combat opioid-related issues that directly impact our unhoused population.

WHEREAS, despite the City's efforts the Police Department has found that a significant number of the City's homeless population routinely decline the City's offers of help for various reasons including, and many people experiencing homelessness refuse to accept services and refuse to move from encampments; and
WHEREAS, the City has experienced significant and continuing threats to public health and safety resulting from persons experiencing homelessness sleeping and camping in public spaces and unauthorized private locations in the City, including the following:

1. Homeless encampments raise a number of public health concerns related to waste, sanitation, and disease transmission. Un housed people, like all other people, generate solid waste during their daily activities of food preparation and consumption, shelter building and maintenance and storing their possessions. Without any place or method of proper storage or disposal, the resulting piles of trash become food sources for rodents, breeding grounds for pathogens, fuel for fires, and unattractive nuisances to the public.

2. The opportunity for the spread of communicable diseases is increased in homeless encampments lacking basic sanitation services and waste collection, with some diseases such as hepatitis A and typhus more likely to occur in homeless populations.

3. Health and safety issues are presented by the violation of fire, building, electrical and other codes and standards for public health and safety, including the unauthorized and unpermitted use of electrical and utility connections, due to the potential and reality of unsafe and unhealthy conditions in encampments, posing life, safety, fire and health threats to both the occupants of the encampments, the general public and emergency responders.

4. Health and safety issues are exacerbated and compounded by larger encampments as there is an exponential increase in these health and safety issues the larger the encampment, including but not limited to both accumulation of trash and debris as well as the greater likelihood of the spread of disease.

Ordinance No. 1914

5. The City regularly receives a large volume of emails, phone calls and in-person complaints regarding the encampments in the City, and the frequency and number of these complaints continues to increase.

6. The homelessness problem in Porterville impacts crime rates. Homelessness-related crime rates are significant both in terms of crimes against the homeless and also crimes committed by the homeless. During the period of January 1 through May31, 2025, the Porterville Police Department experienced a call volume of 10.22% of the total calls for service that were related to the City's unhoused population (with this percentage including complaints as well as arrests). Thus far in 2025 calls related to homelessness average approximately 9.82% of the total police calls per month.

7. Business owners and residents near encampments are confronted by trash, used needles, and human waste, and increased instances of open drug use, property damage, theft, and break-ins. They have seen their property values decline, their small businesses fail, and their public spaces become uninhabitable.

8. Businesses and residences near encampments experience physical impediments to access to public and private property which both impedes emergency responses, evacuation of occupants during an emergency, and general public access, as well as exacerbates the likelihood of conflict, intimidation and threats to the public safety for both the unhoused as well as all members of the public, and furthermore the collection of biohazard materials, human waste, trash and rubbish near businesses and residential areas contributes to a general decline in public health, safety and welfare.

9. Encampments near emergency shelters established for emergency evacuations during events such as winter rainstorms can cause barriers to access for evacuees.

10. Encampments near active construction sites, trash enclosures, areas with heavy vehicle use, and similar areas pose unique threats to both the unhoused as well as the operators of construction equipment and vehicles through unintentional yet predictable collisions and threats to health and safety.

11. Encampments on or near public utilities and critical infrastructure, such as stormwater, water and sewer infrastructure, fire stations, electrical wires and natural gas pipelines, pose unique safety, environmental and security issues and are generally closed to the public or have limited public access for safety, environmental and security reasons.

12. Unauthorized connections or taps to public utilities, as well as violation of fire, building, electrical and other codes and standards, create unsafe conditions and a potential life safety hazard for the occupant, the general public and emergency responders.

13. Encampments pose immense public health concerns as the rates of overdoses from drugs like fentanyl and heroin have increased substantially among the unhoused and encampments can provide an environment conducive to illegal drug consumption.

14. Abandoned encampment cleanups are performed by City Police officers and Parks and Leisure services department staff with police equipment, fire and City code enforcement officers and staff in an attempt to maintain and or control the spread of large encampments and this taxes public resources while unnecessarily exposing first responders and City staff to unhealthy and unsafe situations.

Ordinance No. 1914

15. Fires in unsafe locations for cooking and warming occur at encampments increasing the risk of fires posing a threat to safety and health, and the City has had to respond directly to major fires caused by such activities over the years.

16. Accumulation of biohazard and medical waste occurs in and around encampments and these items end up in our creeks, storm drains, waterways, and beaches posing a direct threat to health and safety.

17. Severe blockage of storm drains and also the Tule Riverbed, due to excessive encampment debris and/or degradation of the river embankments leads to increased roadway and stream flooding and drain blockages during storms causing threats to health and safety.

18. During times of severe storms, unhoused camps are located in and must be evacuated from riverbeds; sloughs; embankments; low lying, unsafe areas; and storm drains due to increased risk of flooding, rapid water movement, and blockage of storm drains, posing safety threats to the residents of the encampments; and
WHEREAS, in light of these significant and continuing threats to public health and safety, the City previously adopted reasonable time, place and manner regulations on unauthorized camping, and now desires to adopt amendments consistent with the U.S. Supreme Court decision in Grants Pass, and that address additional issues and consideration; and
WHEREAS, the City finds that reasonable camping regulations for public property will best serve the public's health, safety, and general welfare.

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

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

SECTION 2. CHAPTER 18, ARTICLE VII AMENDED. Article VII of Chapter 18, entitled "Unauthorized Camping Regulations," is hereby amended as follows:

CHAPTER 18. ARTICLE VII - UNAUTHORIZED CAMPING REGULATIONS Section 18-76 FINDINGS AND PURPOSE
A. As the City continues to offer assistance and services to persons experiencing homelessness, the City must appropriately consider various interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with its limited resources.

B. The City Council acknowledges that although shelters have been established within the City, regionally there is a lack of nightly shelter beds and housing available for persons experiencing homelessness and recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness.

C. The City Council acknowledges that some persons will live or shelter for survival outdoors until they are able or willing to access affordable or free shelter or housing. In Porterville, this has typically meant sheltering, sometimes for extended periods of time, on City rights-of-way and City

Ordinance No. 1914
property, on various private property without authorization, and at times on other public agency property owned by other public agencies.

D. Public rights-of-way and public property are generally intended for public use and travel. The City Council is the authority for rights-of-way within the City; as such, the City must consider the safety of motorists and pedestrians travelling on roadways and sidewalks, including to and from neighboring properties, businesses, and residences.

E. The City owns limited property where camping can or should be allowed for reasons including but not limited to public health and safety concerns and issues created by the impact of camping on public property.

F. The City has had increasing concerns regarding public health and safety due to instances of camping on or in rights-of way and public property in or near waterways, streets, roads, sidewalks, schools, residences, businesses, critical infrastructure, public access points and similar locations. Public utility properties (e.g., stormwater, water, sewer) are environmentally and operationally sensitive and generally closed to the public or have limited access for safety, environmental and security reasons.

G. Over the long term and working with other governmental agencies and non-profit organizations, the City's belief is that people should not have to live outside and there are safer options.

H. It is the purpose and intent of the City Council to provide standards for camping and sheltering for survival on City rights-of-way and public property, which are intended to be as compatible as possible with the needs of everyone in Porterville to be healthy, safe, and have access to public places.

I. Smaller camp sites support both the health and safety of people who are camping for survival on public property as well as the health and safety of the public.

J. It is the purpose and intent of the City Council to provide standards for camping and sheltering for survival on City rights-of-way and public property which will address issues such as fire risk, unsanitary conditions, health risks, public infrastructure security, public access impediments, trash, waste, damage to park features and plants, and public safety hazards to both people camping as well as neighboring businesses, residents and community members, as well as environmental degradation, which have occurred with longer-term camping in the City.

K. It is the intent of the City to evaluate each removal of a Campsite with considerations of public health and safety, including for the people who are sheltering in the camps, potential user conflicts, and available resources. The City intends to use a team approach and coordinate with other governmental agencies and non-profit organizations as appropriate. When the City requires a person experiencing homelessness to remove a Campsite, through these regulations, it intends to provide the person adequate time to remove the Campsite before the City removes the Campsite, to secure any personal property with reasonable utility or reasonable value for the person to retrieve at a later date, and to clean the former Campsite to address threats to public health and safety.

Section 18-77 DEFINITIONS

Ordinance No. 1914
The following words and phrases, when used in this Chapter, shall have the meaning ascribed to them by this section unless it is apparent from the context that another meaning is intended.

A. "Camp" or "Camping" means residing in or using any public property for one or more days or nights for sheltering or living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or using any tents, or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire using Bunsen burners or other heating items, or regularly cooking meals. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using public property as a living accommodation or sheltering for one or more days or nights.

B. "Camp Facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.

C. "Camp Materials" includes but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, shopping carts, recyclable material and/or non-City designated cooking or heating facilities and similar equipment, or personal possessions that would facilitate one's use of a park, public property, or any portion of the public right-of-way as a temporary residence.

D. "Critical Infrastructure" means real property or a facility, whether privately or publicly owned, that the City Council by Ordinance or with recommendations from the City Manager by Resolution designates, from time to time, as being so vital and integral to the operation or functioning of the City or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals and health facilities; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.

E. "Enforcement Personnel" means the employee(s) of the City, including but not limited to sworn police officers, and code enforcement officers authorized by the City to seek compliance with, and enforce, the regulations, requirements, and rules of this.

G. "Fire Severity Zones" means mapped area as defined by the Office of State Fire Marshal that designates zones (based on factors such as fuel, slope, and fire weather) with varying degrees of fire hazard (i.e., moderate, high, and very high).

H. "Greywater" means untreated wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines and the like. It does not include any toilet discharge, unhealthy bodily wastes, or manufacturing wastes.

I. "Hazardous Water" means sewage, toilet discharge, unhealthy bodily wastes, manufacturing wastes and the like.

Ordinance No. 1914
J. "Landscaped Area" means any manicured or natural ground covered areas including but not limited to flower beds, bushes, brush areas, or shrubs.

K. "Personal Property" means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, backpacks, clothing, food, documents, and medication.

L. "Playground" means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on City, county, or State park grounds.

M. "Public Property" means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; freeway on-ramps and off-ramps; publicly owned, maintained, or operated parks and/or playgrounds; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City.

N. "Public Utilities" means every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof, as defined by Public Utilities Code section 216, and as amended.

0. "Rights-of-Way" means all City-owned or controlled rights-of-way, whether in fee title or as holder of a public easement for right-of-way or public access purposes. Public rights of-way include but are not limited to any public road, street, sidewalk, or private street or other property that is subject to a public access easement dedicated or granted to the City for vehicular use, pedestrian use, utilities or other means, and any planter strip or landscaped area located adjacent to or contained within streets that is part of the public right-of-way.

P. "School" means any institution, facility, or organization, whether public or private, that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education. School for purposes of this section does not include vocational or professional institutions of higher education, including a community or junior college, college, or university. The setback shall be calculated from the school property boundaries.

Q. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

R. "Transportation Facility Loading Area" means that area within 200 feet of where trains, buses or any form of public transportation loads or unloads passengers.

S. "Vehicle" means a "motor vehicle" as defined by California Vehicle Code, section 415 and includes a "recreational vehicle" as defined by California Health and Safety Code, section 18010(a).

Ordinance No. 1914
Section 18-78 RESTRICTIONS AND TIME, PLACE AND MANNER REGULATIONS It is unlawful and a public nuisance for any person to camp on Public Property when there is available space for the person(s) at a shelter location where the person(s) is eligible and is qualified to go. If there is no available shelter space, persons who do not have any other permanent residence or domicile and/or are involuntarily experiencing homelessness are prohibited from camping on certain public property as specified pursuant to this Article, and as restricted pursuant to any administrative rules and policies promulgated by the City Manager, or designee, adopted after the Effective Date of this Ordinance, in accordance with this Article. Additionally, camping, sheltering or lodging (or other activities) in a public place in violation of any applicable State or Federal law is prohibited.

A. Time. Unless otherwise specified, any Camping or Camp, where allowed, may only occur for 12 hours at a time in any one location. After 12 hours in one location, the Camp and all associated Camp Materials must be moved at least one street block or 600 feet, whichever is greater, to another location (where the activity is not otherwise prohibited).

B. Place. Camping is not allowed at any time in any of the following places:

1. Within a residentially zoned property boundary or within any area zoned Residential, as determined by the City of Porterville Zoning Map and the Porterville Municipal Code.

2. Within any Mixed-Use Overlay Zone, as determined by the City of Porterville Zoning Map and the Porterville Municipal Code.

3. Any place where Camping, a Camp, or Camp Materials create a physical impediment preventing emergency or non-emergency ingress, egress or access to public or private property, including but not limited to, on public sidewalks, alleyway or other public rights-of-way, driveways providing access to vehicles, and entrances or exits from buildings and/or other real property; and, within 15 feet of any fire hydrant.

4. Any vehicle lane, bicycle lane, roundabout within any public right-of-way, or Transportation Facility Loading Area, or under or on any bridges.

5. Within 1000 feet from any shelter both established for emergency evacuations as well as approved under the Porterville Municipal Code and/or approved consistent with any applicable provision of State or federal law.

6. On any street or public rights-of-way, unless expressly authorized by the City.

7. Within, or within an additional distance boundary as set by Resolution, any School.

8. Within, or within an additional distance boundary as set by Resolution, any Playground.

9. At the following public property: Porterville City Hall, any City-operated Community Center, Porterville Veterans Hall, Porterville Public Library, and Zalud House.

10. On, or within an additional distance boundary as set by Resolution, riverbeds, river embankments, sloughs, waterways, levies, water wells, storm basins or any publicly

Ordinance No. 1914
owned water, sewer or storm drain infrastructure (e.g., sewer lift stations, storm water pump stations or structures).

11. Within, or within an additional distance boundary as set by Resolution, Critical Infrastructure.

12. Within, or within an additional distance boundary as set by Resolution, either a very high Fire Severity Zone or a high Fire Severity Zone.

13. In, or within an additional distance boundary as set by Resolution, Refuse Service Containers (all bin and curbside service containers, in addition to designated Refuse trash enclosures).

14. On or within a certain specified distance of any other Public Property as may be designated from time to time by Resolution of the City Council, with recommendations from the City Manager, Police Chief and Fire Chief, or their designees.

C. Manner. Camping, when not otherwise prohibited, is subject to all of the following limitations and regulations:

1. Individuals, Camp Materials, Camps, or personal property may not obstruct, block, prevent access to, or impede: sidewalk accessibility or passage; clear vision of moving vehicles or bicycles; usage of fire hydrants; usage or function of Public Utilities, Critical Infrastructure, or other City infrastructure; or, otherwise obstruct, block, prevent access to, or impede the use of the Rights-of-Way for vehicular, pedestrian, bicycle, or other passage.

2. A Camp or Camping shall be limited to a spatial footprint of no greater than 12 feet by 12 feet, or 144 square feet, and shall have a smaller footprint if necessary to comply with the restrictions set forth in this Chapter. The intent of this section is to allow a person to sleep protected from the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended.

3. To prevent larger Camping sites from forming and the impacts to public health and safety that can result, a Camp shall not be within a one hundred fifty (150) foot radius of any other Camp, unless otherwise explicitly authorized by City regulation, and only under such conditions adopted by the City and permitted by this Code.

4. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no reasonable utility or reasonable value, as determined by the City, in public rights-of-way, on City property, or on any adjacent public or private property.

5. Open flames, recreational fires, burning of garbage, bonfires, or other fires, flames, or heating deemed unsafe by the Porterville Fire Department, or the Porterville Police Department, are prohibited. Types of flameless cooking stoves and other flameless devices for keeping warm, as consistent with this subsection, are permitted. Additionally,

Ordinance No. 1914
any and all fires, to the extent allowed by this Section, must comply with all State and local laws.

6. Dumping of Greywater or Hazardous Water into any facilities or places not intended for Greywater or Hazardous Water disposal is prohibited. This includes but is not limited to City streets, public rights-of-way, public waterways, and storm drains, which are not intended for disposal of Greywater or Hazardous Water.

7. Unauthorized connections or taps to Public Utilities, including but not limited to such connections or taps that cross over City property, roadways, rights-of-way, driveways, streets, sidewalks, fences, and private property are prohibited.

8. Violations of building codes, fire codes, and other relevant codes or standards for health and safety are prohibited.

9. Obstruction of, or attachment of Camp Materials or personal property to, fire hydrants, utility poles, Public Utilities infrastructure, public infrastructure, fences, trees, vegetation, vehicles, bridges/infrastructure, or buildings is prohibited.

10. Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as tents, and similar items used for shelter that are readily portable, are not structures for purposes of this section.

11. Storage of personal property such as vehicle tires, bicycles, or associated components (except as needed for an individual's personal use), gasoline, generators, lumber, household furniture, propane tanks, combustible material or gases, or other items or materials, is prohibited, other than what is related to camping, sleeping, or keeping warm and dry, and only to the extent that such items are used in a safe manner.

12. Digging, excavation, terracing of soil, alteration of ground, water or infrastructure, or damage to vegetation or trees is prohibited.

13. All animals in the custody, ownership, or companionship of an individual, must be leashed or crated at all times.

14. Camps shall consist of no more than two adult persons, their minor dependents, two animals (e.g., dogs) that are leashed or crated at all times, and one tent.

Section 18-79 ENFORCEMENT
A. Voluntary Compliance. The enforcement personnel shall make a good faith effort to contact the person violating this Chapter and provide a reasonable opportunity to cure or remedy the alleged violation. Enforcement Personnel shall make a good faith effort to determine whether the person subject to enforcement has been referred to service providers and/or local non-profit assistance organizations and make a referral if it appears none has been made.

B. Notice of Violation

1. 24 Hour Notice. Prior to implementing any of the enforcement mechanisms provided for in this Chapter to remove a Campsite and/or Camp Facilities because of violations of this Chapter,

Ordinance No. 1914
the Enforcement Personnel shall provide occupants of a Campsite or Camp Facilities, at least 24 hours in advance of any action to remove the Campsite or Camp Facilities, notice both to remove the camp within 24 hours consistent with the requirements of this Chapter as well as of the intent by the City to remove the Campsite or Camp Facilities in no less than 24 hours (the "notice"). The notice shall be in writing and shall be posted on or near the Campsite or Camp Facilities, so as to reasonably communicate the notice to persons living at the or Camp Facilities but not present during the attempt to provide notice. In addition, the Enforcement Personnel shall make a good faith effort to personally provide the written notice to the occupant(s) of the Campsite or Camp Facilities present at the time the Enforcement Personnel posts the notice.

Failure of the occupant(s) of the encampment to comply with the notice's requirements to remove the camp within 24 hours consistent with the requirements of this Chapter shall constitute a violation of this Chapter. The notice shall contain the following information:
a. The location of the Campsite or Camp Facilities;
b. The date and time notice was posted;
c. A statement that the Campsite or Camp Facilities violates this Chapter; d. An advisement that the City will remove the Campsite or Camp Facilities 24 hours after the date and time of the notice;
e. Information about any housing, shelter, or homeless services available for occupants of the Campsite or Camp Facilities, the phone number and address to contact in order to obtain such housing, shelter, or homeless services, if available, and information about obtaining free transportation, if available, to such housing, shelter, or homeless services; f. An advisement that any personal property remaining at the Campsite or Camp Facilities site when the Enforcement Personnel returns to remove the Camp Facilities will be impounded for no fewer than 60 days, or as provided for by applicable law, and will be discarded thereafter if not claimed; and
g. The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, being a staging or storage area managed by the Porterville Fire Department - Code Enforcement Unit, or as otherwise designated by the City, and that the City will charge no fee for storage or retrieval.

2. Less Than 24 Hour Notice. The notice detailed above may establish a shorter time for the removal of the encampment if the Enforcement Personnel have determined the conditions at the Campsite or Camp Facilities requires removal of the Campsite or Camp Facilities in less than 24 hours to avoid a potential emergency or threat to public health or safety, such as possible site contamination by hazardous materials or when there is reasonable potential danger to human life or safety. Failure of the occupant(s) of the encampment to comply with the notice's requirements to remove the camp consistent with the requirements of this Chapter shall constitute a violation of this Chapter.

3. Illegal Activity or Exceptional Emergency. Enforcement personnel may remove a Campsite or Camp Facilities without providing the notice described above in the following circumstances:

Ordinance No. 1914
a. When there is probable cause for law enforcement officials to believe that illegal activity, other than camping, is occurring at a Campsite or Camp Facilities, or in the immediate vicinity of an Established Campsite or Camp Facilities; or b. When there is probable cause for law enforcement officials to believe that the property that comprises a Campsite or Camp Facilities is being used or is intended to be used to commit or facilitate the commission of otherwise illegal activity; or c. In the event of an exceptional emergency, such as significant evidence of site contamination by hazardous materials or when there is immediate danger to human life or safety.

C. Removal of a Campsite or Camp Facilities. If the occupant(s) fail to comply with the request for voluntary compliance set forth in subsection A above, and after the enforcement personnel comply with the requirements set forth in subsection B above, any Camp, Camp Materials, or personal property in violation of any of the standards in this Chapter may be removed or cleaned-up by the City or its designated contractors, and the enforcement personnel may take appropriate actions to remove a Campsite or Camp Facilities and enforce this Chapter, consistent with the following:

1. When removing Camp Facilities, or individuals, Camp Materials, or personal property from a Campsite, enforcement personnel will make reasonable efforts to remove individuals without the use of force or citation.

2. When removing personal property, the City shall make reasonable efforts to determine if the property belongs to an individual and has any reasonable utility or reasonable value. "Personal belongings" include 1) items of apparent value of $50 or more; and/or 2) items of apparent personal value, including but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, habitable tents, personal papers (such as photographs, albums, ID's , bank statements, and legal papers), backpacks, container, and operational bicycles, scooter, and strollers. The City shall make reasonable efforts to identify which Campsite the property was removed from, to aid in connecting people with their property. Items that are perishable, that have no reasonable use or value, that are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and need not be stored.

3. Weapons, drug paraphernalia, or other contraband, and items that appear to be either stolen or evidence of a crime, shall be provided to law enforcement officials.

4. Following removal of personal property from City property or rights-of-way, the City shall post a notice at or as near as possible to the location the property was collected and on the City's website, stating where the personal property is being stored, and listing the phone number and hours a person claiming ownership can collect or make arrangements to collect their personal property.

5. After a Campsite or Camp Facilities has been removed, then at the recommendation of the Police Chief or Fire Chief on the basis of public health and safety, the City Manager may order

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that no camp be set up in that same location or a 100-foot. The City shall post signs informing the public that camping is prohibited at the location.

D. Removal and Storage of Personal Property or Camp Materials During Removal of a Campsite or Camp Facilities. Personal property or Camp Materials may be removed from City rights-of-way, City property, or a Camp, during removal of a Campsite or Camp Facilities pursuant to Section C above, if in violation of the provisions of this Chapter, as provided for herein.

1. Personal property removed from City rights-of-way or City property and unclaimed at the time of removal will be stored by the City for a minimum of sixty (60) days, or the duration (if shorter in time) allowed by applicable State or federal law, counting from the day of the removal as day one.

2. Items that are perishable, that have no reasonable use or value, that are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the City rights-of-way or on public property may be immediately discarded.

3. The City will store personal property at a storage facility at or near a designated City facility, where people can reasonably retrieve belongings. Notwithstanding any otherwise applicable City policy or procedure, all items collected and stored pursuant to this Chapter that reasonably appear to have a monetary value at the time of collection of less than one thousand dollars ($1,000) shall be stored at a storage facility, and items that reasonably appear to have a monetary value at the time of collection of one thousand dollars ($1000) or more shall be separately stored for safekeeping with the Porterville Police Department ("MBPD").

4. The City will make reasonable efforts to provide a range of times the storage facility will be available for people to collect their personal property. The City may dispose of any personal property that remains unclaimed after sixty (60) days, or the duration (if shorter in time) allowed by applicable State or federal law, counting from the day of the removal as day one.

Section 18-80 VIOLATIONS
A citation for a violation of this Article shall be for an infraction. At the City's discretion, it may issue Administrative Citations under Chapter 2, Article 14 of this Code. Citations will be issued only when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation. Additionally, the City reserves the right to enforce this Article in accordance with Chapter 1, Sections 1-9 and 1-10 of this Code, to the extent consistent with this Article and Section.

Section 18-81 SUSPENSION OF ENFORCEMENT
The City Council, Manager, or designee, as otherwise specified is specifically authorized to modify or suspend enforcement of any section or part of this Article in the event of a declared emergency, pursuant to applicable State or Federal Law, City regulations, administrative rules or policies, weather conditions (including but not limited to extreme heat or cold), or for any other reason within the City Council or City Manager's authority, regardless of whether an emergency has been declared. In addition,

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the City Manager may suspend the enforcement of regulations contained in this Chapter when the City Manager, or designee, has determined a person does not have access to shelter and is engaged in case management or behavioral health services, or when necessary or appropriate to respond to a person's disability, or as further set forth in any administrative policies implementing this Article adopted by the City Manager, or designee pursuant to Section 18-82.

Section 18-82 ADOPTION OF ADMINISTRATIVE RULES
The City Manager, or designee may adopt administrative rules or policies governing or guiding enforcement of this Chapter, consistent with the intent of this Chapter, including but not limited to ensuring consistent and appropriate enforcement for various circumstances. These administrative rules or policies should ensure that enforcement is tailored to various circumstances, including but not limited to situations where a person has a disability under the Americans with Disabilities Act, where minor children are present or otherwise involved, where a person has employment obligations that may relate to their ability to comply with this Chapter, or for other reasons that may support discretion in enforcement.

Section 18-83 METHODS OF ENFORCEMENT NOT EXCLUSIVE
Methods of enforcement for violations of this Chapter are not exclusive and may consist of multiple enforcement mechanisms where legally authorized and appropriate. However, the intent of the City is to always resolve violations at the lowest possible level, and to engage to seek compliance and solve problems while maintaining the dignity of all involved.

Section 18-84 OVERNIGHT CAMPING ON PRIVATE PROPERTY
It is unlawful to camp on private property without the property owner's consent, or to camp on private property in such a manner in violation of applicable law or this Code or as to cause blight or a public nuisance, or to disturb the peace and quiet enjoyment of the adjacent property owners and neighbors.

For the purposes of this section, an unlawful encampment includes but is not limited to an area of private property, upon which any person has settled or located, or which they occupy, without having a bona fide claim or color of title thereto, or without the express consent of the owner or person legally in charge thereof or the agent of the same, and/or which is occupied or inhabited by such person in violation of section 103 of the California Building Code or Chapter 7 of this Code (Uniform Building Codes as adopted by the City). Camping inside a motor vehicle shall only be permitted if done in a manner otherwise consistent with this Section and if otherwise (and to the extent) permitted under this Code or applicable law.

Notwithstanding the other restrictions in this Section, camping shall not be permitted on private property where it is conducted in such a manner as to create inadequate sanitation, any trafficking in illegal drugs, or with such frequency, intensity or duration as to constitute a use of land prohibited under Chapter 21 of this Code (zoning regulations), nor where any fee, charge or other monetary consideration is collected for the privilege of Camping or for any services or the use of any facilities related thereto (unless such use/activity has been expressly permitted by the City).

Notwithstanding this Section or other applicable regulations in this Code, camping, lodging (or other activities) on private property in violation of any applicable State or Federal law is prohibited.

Ordinance No. 1914
SECTION 3. SEVERABILITV. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

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

SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its passage and adoption.

SECTION 6. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

PASSED, APPROVED AND ADOPTED this 5th day of August, 2025.

ATTEST:

Richard Tree, Interim City Clerk
By: ::52:ft----
~ ernando Gabriel-Moraga,
Chief Deputy City Clerk

STATE OF CALIFORNIA )

CITY OF PORTERVILLE ) (SS)

COUNTY OF TULARE )
I, RICHARD TREE, the duly qualified Interim City Clerk of the City of Porterville do hereby certify:

THAT the foregoing ordinance is a true and correct copy of Ordinance No. 1914, passed and adopted by the Council of the City of Porterville at a regular meeting held on the 5th day of August, 2025, that said ordinance has been duly published pursuant to law, and that by the terms and provisions of the Charter of the City of Porterville, said ordinance to become effective on the 4th day of September, 2025, at which time said ordinance is deemed to be in full force and effect.

THAT said ordinance was introduced by Council and the same was duly passed and adopted by the following vote:

Council: MEISTER
AYES: X
NOES:

ABSTAIN:

ABSENT:

MCKERVEY BELTRAN GREEN
X X X
RICHARD TREE, Interim City Clerk
- oraga,
ief Deputy City Clerk
RIVAS
X
Item No. 38.

CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Approve Councilmember Green's Request to Prepare a Electric Bicycle Ordinance
SOURCE: City Manager's Office
COMMENT: Councilmember Green has requested that the City Council direct staff to prepare a proposed ordinance regulating the use of electric bicycles within City parks and on City-owned multi-use trails for future City Council consideration.

Electric bicycles have become increasingly popular throughout California and are commonly used for recreation and transportation. While California law establishes a statewide framework governing the classification and operation of electric bicycles, local agencies may regulate the use of electric bicycles within parks, recreational facilities, and other public property under their jurisdiction where authorized by state law.

At this time, staff has not prepared or evaluated a proposed ordinance regulating electric bicycles within City parks or on City-owned multi-use trails.

Approval of the recommended action would direct staff to research applicable state law, evaluate regulatory options adopted by other jurisdictions, and prepare a proposed ordinance for City Council consideration. The proposed ordinance would include recommended operational regulations, legal considerations, enforcement provisions, fiscal impacts, and implementation requirements.

In addition, Councilmember Green has requested that staff prepare public information to educate residents regarding California's electric bicycle laws, including the minimum rider age and helmet requirements applicable to Class 3 electric bicycles. Staff will develop educational materials for public distribution to improve awareness and promote voluntary compliance with existing state law.

Approval of this item does not adopt an ordinance or establish any new regulations. Staff will return with a proposed ordinance and related public education materials for future City Council discussion and consideration.

Item No. 38.

RECOMMENDATION: That the City Council:

1. Approve Councilmember Green's request to direct staff to prepare and present a proposed ordinance regulating electric bicycles within City parks and on City-owned multi-use trails for future City Council consideration; and

2. Develop public education materials regarding California electric bicycle laws, including the minimum rider age and helmet requirements for Class 3 electric bicycles.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 39.

CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Landscape and Lighting Maintenance District
SOURCE: Parks and Leisure Services
COMMENT: The City maintains seventy-seven (77) Landscape and Lighting Maintenance Districts (LLMDs) that fund the maintenance of neighborhood landscaping, street lighting, and other public improvements that benefit specific developments throughout the community. State law requires the City to annually review each district, prepare an Engineer's Report, conduct a public hearing, and confirm the annual assessments before they may be placed on the Tulare County property tax roll.

At its June 16, 2026 meeting, the City Council approved the preliminary Engineer's Report for Fiscal Year 2026-2027, which identified the proposed assessments for each Landscape and Lighting Maintenance District. Following the required public hearing, the confirmed assessments will be submitted to the County of Tulare by August 10, 2026, for collection through the annual property tax roll.

The Engineer's Report provides a financial analysis for each district, including anticipated maintenance costs, projected expenditures, and available fund balances. Each year, staff evaluates these factors to determine whether an assessment is necessary and, if so, the appropriate assessment amount. Based on this review, staff determined that several districts have sufficient available fund balances to meet anticipated maintenance costs and therefore do not require an assessment during Fiscal Year 2026-2027.

This annual review helps ensure that assessments remain appropriate, district reserves are responsibly managed, and property owners are assessed only when necessary to fund ongoing maintenance obligations.

RECOMMENDATION: That the City Council:

1. Conduct the required Public Hearing regarding the proposed Fiscal Year 2026-2027 Landscape and Lighting Maintenance District assessments and receive public comments or protests; and
Item No. 39.

2. Adopt the draft Resolution ordering the continued
maintenance of the Landscape and Lighting Maintenance
Districts, confirming the Engineer's Report, and approving the Fiscal Year 2026-2027 assessments.

ATTACHMENTS: 1. Engineer's Report

2. LLMD Continued Maintenance Resolution
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Deputy City Manager
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

CONTINUED MAINTENANCE OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS, CONFIRMING THE ENGINEER’S REPORT, AND ASSESSMENT THE FISCAL YEAR 2026-2027

ASSESSMENTS
WHEREAS, the City Council of the City of Porterville did on the 16th day of June, 2026, adopt its Resolution of Intention No. 39-2026 to order the therein described work in connection with the continuation of assessment procedures in Landscape and Lighting Maintenance Districts, which Resolution of Intention No. 39-2026 was duly and legally published in the time, form and manner as required by Law, shown by the Affidavit of Publication of said Resolution of Intention on file in the Office of the City Clerk; and
WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for the contemplated work and the benefits to be derived there from, and said City Council having now acquired jurisdiction to order the proposed work;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Porterville as follows:

SECTION 1. IT IS HEREBY RESOLVED by the City Council of the City of Porterville that the public interest and convenience require the continuation of assessment procedures for the districts, and said City Council hereby orders that the work and assessment, as set forth and described in said Resolution of Intention No. 39-2026 be done and made; and SECTION 2. BE IT FURTHER RESOLVED that the report filed by the Engineer is hereby finally approved; and
SECTION 3. BE IT FURTHER RESOLVED that the assessments for fiscal year 2026-2027 and method of assessment in the Engineer’s Report are hereby approved; and SECTION 4. BE IT FINALLY RESOLVED that the assessments for Fiscal Year 2026-2027 comply with applicable provisions of the California Streets and Highways Code and are hereby ordered to be placed on the Tulare County property tax roll for collection. / / /
/ / /
/ / /
/ / /
Resolution No. ___-2026

APPROVED, PASSED AND ADOPTED this 21st day of July, 2026. ______________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: __________________________________________________
Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 40.

CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: City Council Meetings Order of Business
SOURCE: City Manager's Office
COMMENT: At the June 16, 2026, City Council meeting, the Vice Mayor requested that the City Council discuss opportunities to provide additional structure and consistency to the Order of Business during regular City Council meetings. The Mayor agreed the topic warranted further discussion, and the City Council directed staff to return with the item for City Council discussion.

The discussion is intended to focus on the Order of Business for regular City Council meetings and the management of Oral Communications. Topics for discussion may include:
• The overall sequence of agenda items within the Order of Business. • The placement of Oral Communications within the Order of Business. • Whether Oral Communications should occur once or multiple times during a meeting.
• Whether to establish a maximum time allocation for the Oral Communications agenda item.
• The management of in-person and virtual public comments. • Any other modifications to the Order of Business the City Council wishes to consider.

Staff is requesting policy direction regarding any desired modifications to the Order of Business. Following City Council discussion, staff will prepare any requested amendments and return them for future City Council consideration.

RECOMMENDATION: That the City Council:

1. Discuss the City Council Order of Business;

2. Provide policy direction regarding any desired modifications to the Order of Business; and

3. Direct staff to return with any requested amendments for future City Council consideration.

Item No. 40.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 41.

CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Declaration of Heritage Community Center Property and Adjacent Parking Lot Property as Exempt Surplus Under the Surplus Land Act
SOURCE: City Attorney
COMMENT: Since 2018, the City of Porterville and the Porterville Unified School District (PUSD) have worked cooperatively on a proposed exchange of publicly owned properties to better serve the long-term needs of both agencies. Under the proposed transaction, the City would convey the Heritage Community Center property and the adjacent parking lot property, including the public access area extending north toward Olive Avenue. The parking lot property contains solar shade structures and related solar improvements that were previously constructed by PUSD on City-owned property pursuant to an agreement between the two agencies. In exchange, the City would acquire the Prospect Education Center property to provide additional administrative office space and construct a future municipal maintenance facility adjacent to the existing Corporation Yard.

In 2018, both properties were independently appraised and purchase agreements were prepared. The Heritage Community Center property, together with the adjacent parking lot property, was appraised at $1,845,000, while the Prospect Education Center property was appraised at $955,000.

Although the transaction was not completed at that time, both agencies have continued working toward the proposed property exchange and have historically agreed to retain the 2018 appraised values in recognition of the broader public benefits associated with the transaction. These benefits include allowing each agency to better utilize publicly owned property while advancing long-term community priorities identified during the original negotiations.

The proposed exchange will allow PUSD to expand the adjacent Santa Fe Elementary School campus with additional classrooms, parking, and continued use of the existing solar improvements. At the same time, the City will acquire the Prospect Education Center property immediately adjacent to the existing Corporation Yard. This acquisition will expand the City's Corporation Yard campus, providing additional space for future municipal operations, including administrative offices and a future maintenance facility. Consolidating the Heritage Community Center property, the adjacent parking lot, and the PUSD- Item No. 41.
installed solar improvements under a single ownership will also simplify longterm ownership and maintenance responsibilities while allowing both agencies to make more efficient use of publicly owned property.

Before the City may convey real property, it must comply with the Surplus Land Act. Because the City intends to transfer the Heritage Community Center property and the adjacent parking lot property directly to another local public agency, the properties qualify as exempt surplus pursuant to Government Code Section 54221(f)(1)(D). Declaring the properties exempt surplus allows the City and PUSD to utilize the streamlined process authorized under the Surplus Land Act for transfers between public agencies.

Adoption of the attached resolutions does not approve the sale or transfer of the properties. The resolutions simply satisfy the initial procedural requirements of the Surplus Land Act by authorizing staff to submit the exempt surplus declarations to the California Department of Housing and Community Development (HCD). The proposed purchase and sale agreements will return to the City Council for consideration and approval before any transfer of property becomes final.

RECOMMENDATION: That the City Council:

1. Adopt the Resolution declaring the Heritage Community Center property exempt surplus; and

2. Adopt the Resolution declaring the Heritage Community Center adjacent parking lot property exempt surplus.

ATTACHMENTS: 1. Resolution Declaring the Heritage Community Center Property Exempt Surplus

2. Resolution Declaring the Heritage Community Center
Adjacent Parking Lot Property Exempt Surplus
Appropriated/Funded:

Review By:

Department Director:

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

RESOLUTION NO. _____-2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE DECLARING THE

HERITAGE COMMUNITY CENTER PROPERTY TO BE EXEMPT SURPLUS PROPERTY WHEREAS, the City of Porterville ("City") owns in fee certain real property known as the Heritage Community Center, located at 256 East Orange Avenue, in the City of Porterville, County of Tulare, State of California (the "Property"); and
WHEREAS, the Property consists of approximately 3.79 acres, as more particularly described in Exhibits "A,” “B,” and “C,” attached hereto and incorporated herein by this reference; and
WHEREAS, since 2018, the City and the Porterville Unified School District ("PUSD") have worked cooperatively toward a proposed exchange of publicly owned properties to better serve the long-term operational needs of both agencies; and
WHEREAS, under the proposed transaction, the Heritage Community Center Property will be conveyed to PUSD to facilitate the expansion of the adjacent Santa Fe Elementary School campus; and
WHEREAS, for the purposes of Government Code Section 54221(f)(2), the Property is not:
(i) within a coastal zone; (ii) adjacent to a historical unit of the State Parks System; (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Historical Places; or (iv) within the Lake Tahoe region as defined by Government Code Section 66905.5; and
WHEREAS, the City intends to transfer the Property to another local public agency, Porterville Unified School District, for that agency's public use.

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

SECTION 1. Pursuant to Government Code Section 54221(f)(1)(D), the Heritage Community Center Property will be transferred to the Porterville Unified School District for that agency's public use.

SECTION 2. The City Council hereby declares the Heritage Community Center Property to be Exempt Surplus Property pursuant to the Surplus Land Act (Government Code Section 54220 et seq.).
//
Resolution No. _______-2026

PASSED, APPROVED, AND ADOPTED this 21st day of July, 2026.

By: __________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: _______________________
Fernando Gabriel- Moraga, Chief Deputy City Clerk
EXHIBIT “A”

LEGAL DESCRIPTION
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 21 SOUTH, RANCH 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:

COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHEASTERLY LINE OF ORANGE

AVENUE WITH THE EAST LINE OF WALLACE STREET SAID NORTHEASTERLY LINE OF ORANGE AVENUE BEING A 450.28 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, THE RADIAL LINE THROUGH SAID POINT OF INTERSECTION BEARS 13° 50’ 20” EAST; THENCE NORTH 00° 58’ 50” EAST, 12.91 FEET ALONG SAID EAST LINE OF WALLACE STREET TO A POINT IN A 579.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE SOUTH, A RADIAL TO SAID POINT BEARS NORTH 12° 37’ 07” EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED;
THENCE, EASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGEL OF 13° 00’ 05”, AN ARC DISTANCE OF 131.38 FEET, TO THE BEGINNING OF A 90.67 FOOT RADIUS COMPOUND CURVE, CONCAVE TO THE SOUTHWEST, A RADIAL TO SAID BEGINNING BEARS NORTH 25° 37’ 12” EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGEL OF 24° 29’ 08” AN ARC DISTANCE OF 38.78 FEET, TO THE BEGINNING OF A 90.67 FOOT RADIUS REVERSE CURVE CONCAVE TO THE NORTHEAST, A RADIAL TO SAID BEGINNING BEARS SOUTH 50° 06’ 20” WEST; THENCE, SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGEL OF 17° 55’ 24” AN ARC DISSTANCE OF 28.36 FEET, TO THE BEGINNING OF A 567.00 RADIUS RESERVE CURVE, CONCAVE TO TH SOUTHWEST, A RADIAL TO SAID BEGINNING BEARS NORTH 32° 10’ 56” EAST; THENCE, SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10° 10’ 52” AN ARC DISTANCE OF 100.75 FEET;
THENCE, TANGENT TO SAID CURVE, SUTH 47° 38’ 12” EAST, 10.78 FEET; THENCE, NORTH 40° 33’ 11” EAST, 86.80 FEET;
THENCE, N. 49° 26’ 49” WEST, 141.91 FEET;
THENCE, NORTH 40° 33’ 11” EAST, 156.95 FEET;
THENCE, NORTH 04° 26’ 49” WEST, 45.21 FEET;
THENCE, NORTH 40° 33’ 11” EST, 156.95 FEET;
THENCE, SOUTH 85° 33’ 11” WEST, 91.51 FEET;
THENCE, NORTH 49° 26’ 49” WEST, 44.73 FEET;
THENCE, WEST 576.01 FEET TO THE TORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 2391 PER MAP RECORDED IN BOOK 24, PAGE 92 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY OF RECORDER OF SAID COUNTY;
THENCE, SOUTH 01° 04’ 26” WEST, 60.30 FEET TO AN ANGLE POINT IN THE WEST AND SOUTHWESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 2391; THENCE, SOUTH 46° 57’ 44” EAST, 311.6 FEET ALONG THE SOUTHWESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 2391 TO A POINT IN THE WEST LINE OF WALLACE STREET; THENCE, NORTH 00° 59’ 46” EAST, 15.73 FEET ALONG THE WEST LINE OF WALLACE STREET; THENCE, SOUTH 49° 12’ 16” EAST, 103.87 FEET TO A POINT IN THE EAST LINE OF WALLACE STREET;
THENCE, SOUTH 00° 56’ 50” WEST, 11.59 FEET TO THE TRUE POINT OF BEGINNING.

Exhibit "B"

RESOLUTION NO. _____-2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

DECLARING THE HERITAGE COMMUNITY CENTER ADJACENT PARKING LOT PROPERTY

TO BE EXEMPT SURPLUS PROPERTY
WHEREAS, the City of Porterville ("City") owns in fee certain real property consisting of the Heritage Community Center Adjacent Parking Lot Property, including the public access area extending north toward Olive Avenue (the "Property"), located in the City of Porterville, County of Tulare, State of California; and
WHEREAS, the Property includes the Heritage Community Center parking lot, the public access area extending north toward Olive Avenue, and the parking area containing solar shade structures and related solar improvements previously constructed by the Porterville Unified School District ("PUSD") on City-owned property pursuant to an agreement between the City and PUSD. The Property is more particularly described in Exhibits "A" and "B," attached hereto and incorporated herein by this reference; and
WHEREAS, since 2018, the City and PUSD have worked cooperatively toward a proposed exchange of publicly owned properties to better serve the long-term operational needs of both agencies; and
WHEREAS, conveyance of the Property will consolidate ownership of the underlying real property with the existing PUSD-installed solar improvements while facilitating the expansion of the adjacent Santa Fe Elementary School campus; and
WHEREAS, for the purposes of Government Code Section 54221(f)(2), the Property is not:
(i) within a coastal zone; (ii) adjacent to a historical unit of the State Parks System; (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Historical Places; or (iv) within the Lake Tahoe region as defined by Government Code Section 66905.5; and
WHEREAS, the City intends to transfer the Property to another local public agency, Porterville Unified School District, for that agency's public use.

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

SECTION 1. Pursuant to Government Code Section 54221(f)(1)(D), the Heritage Community Center Adjacent Parking Lot Property, including the public access area extending north toward Olive Avenue, will be transferred to the Porterville Unified School District for that agency's public use.

Resolution No. _______-2026

SECTION 2. The City Council hereby declares the Heritage Community Center Adjacent Parking Lot Property to be exempt surplus property pursuant to the Surplus Land Act (Government Code Section 54220 et seq.).

PASSED, APPROVED, AND ADOPTED this 21st day of July, 2026.

By: __________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: _______________________
Fernando Gabriel- Moraga, Chief Deputy Cit
Exhibit A

Item No. 42.

CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Rescission and Replacement of Election Resolutions for Proposed City Charter Amendments
SOURCE: City Manager's Office
COMMENT: On June 16, 2026, the City Council adopted Resolution No. 44-2026 submitting a proposed amendment to Section 61 of the City Charter relating to Local Control of Public Works and Procurement Authority and Resolution No. 45- 2026 submitting a proposed amendment to Section 16 of the City Charter relating to Vacancies in Office for placement on the November 3, 2026 General Municipal Election ballot.

Following transmittal of the adopted resolutions to the Tulare County Registrar of Voters, staff was advised that additional election-related information is required to process the proposed Charter amendments for the November 3, 2026 General Municipal Election. Specifically, the resolutions must include the complete voter information guide text, designate the official newspaper for publication of election notices, and specify the passage requirement applicable to each measure. These additions are procedural in nature and do not modify the substance of the proposed Charter amendments previously approved by the City Council.

The attached replacement resolutions rescind and replace Resolution Nos. 44- 2026 and 45-2026 in their entirety. The revised resolutions incorporate the additional election requirements requested by the Tulare County Registrar of Voters while preserving the ballot questions and Charter amendment language previously approved by the City Council. The replacement resolutions also include the full text of the proposed Charter amendments for inclusion in the voter information guide, designate the Porterville Recorder as the official newspaper for publication of election notices, and specify that each measure shall be approved by a majority of the votes cast.

The replacement resolutions do not alter the substance of the proposed Charter amendments previously approved by the City Council. Their purpose is solely to incorporate additional procedural election requirements identified by the Tulare County Registrar of Voters so the measures may be placed on the November 3, 2026 General Municipal Election ballot.

Item No. 42.

RECOMMENDATION: That the City Council:

1. Adopt the Resolution rescinding Resolution No. 44-2026 and approving a replacement Resolution submitting a proposed amendment to Section 61 of the City Charter relating to Local Control of Public Works and Procurement Authority to the voters at the November 3, 2026 General Municipal Election; and

2. Adopt the Resolution rescinding Resolution No. 45-2026 and approving a replacement Resolution submitting a proposed amendment to Section 16 of the City Charter relating to Vacancies in Office to the voters at the November 3, 2026 General Municipal Election.

ATTACHMENTS: 1. Draft Resolution - Local Control of Public Works and Procurement Authority

2. Draft Resolution - Vacancies in Office
Appropriated/Funded:

Review By:

Department Director:

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

RESOLUTION NO. _____-2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE RESCINDING AND REPLACING RESOLUTION NO. 44-2026, AND APPROVING AND CALLING FOR THE SUBMISSION

TO THE VOTERS OF A CITY COUNCIL PROPOSED MEASURE TO AMEND CITY CHARTER SECTION 61 RELATING TO THE LOCAL CONTROL OF PUBLIC WORKS AND PROCUREMENT AUTHORITY

AT A GENERAL MUNICIPAL ELECTION
TO BE HELD IN THE CITY ON NOVEMBER 3, 2026
WHEREAS, the City Council desires to submit a proposed City Charter amendment to the voters at the General Municipal Election on November 3, 2026; and WHEREAS, the City Council has determined that the existing provisions of City Charter Section 61 would benefit from modernization to provide the City with greater flexibility in the performance of public works activities and the administration of purchasing and procurement functions; and
WHEREAS, the proposed charter amendment does not alter any procedural or substantive protection, right, benefit, or employment status of any local government employee or any retiree or of any local government employee organization; and WHEREAS, the proposed charter amendment is an exercise of the City's constitutional home rule authority regarding matters of municipal affairs; and WHEREAS, on June 16, 2026, the City Council adopted Resolution No. 44-2026 calling for the submission of the proposed City Charter amendment to the voters; and WHEREAs, following submission of Resolution No. 44-2026 to the Tulare County Registrar of Voters, the Registrar determined that the resolution did not contain all information required to process the measure for the November 3, 2026 General Municipal Election; and WHEREAS, in order to incorporate the required information and facilitate placement of the proposed measure on the ballot, the City Council desires to rescind Resolution No. 44-2026 and replace it in its entirety with this Resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORTERVILLE AS FOLLOWS:

SECTION 1. Resolution No. 44-2026 is hereby rescinded in its entirety and replaced by this Resolution. This Resolution supersedes Resolution No. 44-2026 for all purposes relating to the submission of the proposed City Charter amendment to the voters at the November 3, 2026 General Municipal Election.

Resolution No. _______-2026

SECTION 2. That pursuant to requirements of the Charter of the City of Porterville and California Election Code, there is called and ordered to be held in the City of Porterville on Tuesday, November 3, 2026, a General Municipal Election for the purpose of submitting a City Council charter amendment proposal to the voters for approval.

SECTION 3. That the City Council, pursuant to its right and authority under State Government Code section 34458, and Elections Code sections 1415 (a)(2) and 9255, does order submitted to the voters at the municipal election on November 3, 2026, the following proposed charter amendment:

CITY OF PORTERVILLE CHARTER AMENDMENT MEASURE______-2026 Shall the City Charter be amended to authorize the City Council to determine whether public works, maintenance, repair, improvement, and construction activities are performed by City forces, through contracts, or through agreements with other public agencies, and to authorize the City to establish purchasing and contracting procedures? YES
NO
SECTION 4. The City Council approves and adopts the complete text of the proposed amendment of City Charter Section 61 as follows, with deletions of existing text shown in strike out and additions shown in underlining for convenient reference only:

Section 61. Competitive Bidding For Contract Work For Erection, Improvement And Repair Of Public Buildings, Etc., Where The Amount Is In Excess Of Five Thousand Dollars. Local Control of Public Works and Procurement Authority.

When a required expenditure exceeds five thousand dollars, it shall be contracted for and let to the lowest responsible bidder after notice.

As used in this section public project means a project for the erection, improvement and repair of public buildings and works; work in or about streams, embankments, or other work for protection against overflow; street sewer work except maintenance or repair; furnishing supplies or materials for any such project, including maintenance or repair of streets, sewers or water lines.

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

The notice inviting sealed bids shall set a date for the opening of bids; the first publication shall be at least ten (10) days before the date of the opening of the bids; shall be published Resolution No. _______-2026

at least twice not less than five (5) days apart in the official newspaper selected by the council.

In case of a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, the council may, by resolution passed by a vote of four- fifths (4/5) of its members, determine and declare that the public interest or necessity demands the immediate expenditure of public money to safeguard life, health, or property, and thereupon they may proceed without advertising for bids or receiving the same, to expend, or enter into a contract involving the expenditure of any money required in such emergency, on hand in the city treasury and available for such purpose.

The City shall have the power to perform any work of improvement, replacement, repair or maintenance by use of its own forces and is not required to contract for such work, including the construction of such work. The City may also contract with other public agencies for such work.

The City shall have the power to establish standards, procedures, rules, or regulations related to the purchasing of goods, property, or services.

SECTION 5. Passage of this measure requires a regular majority of votes.

SECTION 6. The Tulare County Clerk/Registrar of Voters shall give the appropriate notices for the election in the Porterville Recorder and shall conduct the election pursuant to provisions of state law.

SECTION 7. The City Council directs the City Clerk to transmit a copy of the proposed charter amendment to the City Attorney. The City Attorney is directed to prepare an impartial analysis of the proposal, not to exceed 500 words in length, showing the effect of the proposal on existing law and the operation of the proposal. The City Attorney is further directed to transmit the impartial analysis to the City Clerk within ten days of adoption of this Resolution.

SECTION 8. The Tulare County Registrar of Voters is hereby requested to reprint the full text of the proposed City Charter amendment, substantially in the form attached hereto as Exhibit A, in the voter information pamphlet to be distributed to voters for the November 3, 2026 General Municipal Election.

SECTION 9. Pursuant to Elections Code section 9282, the City Council authorizes the Mayor, or the Mayor's designee, to file a written argument on behalf of the City Council regarding the measure, accompanied by up to four additional printed names and signatures of persons joining in the submission.

SECTION 10. Pursuant to Elections Code sections 9285 and 9287, the City Clerk, or County elections official as provided through the consolidated election process, is authorized and directed to perform all duties required by law relating to the receipt, selection, exchange, filing, and printing of ballot arguments and rebuttal arguments for the measure.

Resolution No. _______-2026

The City Clerk or County elections official shall send a copy of the argument in favor of the measure to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receipt of the arguments.

The author or a majority of the authors of an argument relating to the measure may prepare and submit a rebuttal argument or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

The rebuttal argument shall not exceed 250 words. A rebuttal argument may not be signed by more than five persons. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 11. That the City Clerk, or County elections official is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 12. Notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form and manner as required by law.

SECTION 13. Pursuant to Elections Code sections 10401 and 10403, the Board of Supervisors of the County of Tulare is hereby requested to consent and agree to the consolidation of the General Municipal Election to be held on Tuesday, November 3, 2026, for the submission of the measure.

SECTION 14. The County Elections Division is hereby authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

SECTION 15. The Board of Supervisors of the County of Tulare is hereby requested to issue instructions to the County Elections Division to take any and all steps necessary for the holding of the consolidated election.

SECTION 16. The City Council of the City of Porterville recognizes that additional costs will be incurred by the County of Tulare by reason of this consolidation and hereby agrees to reimburse the County for these costs.

SECTION 17. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Elections Division of the County of Tulare. / / /
Resolution No. _______-2026

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
Resolution No. _______-2026

EXHIBIT A

VOTER INFORMATION PAMPHLET BALLOT TEXT
Section 61. Local Control of Public Works and Procurement Authority.

The City shall have the power to perform any work of improvement, replacement, repair or maintenance by use of its own forces and is not required to contract for such work, including the construction of such work. The City may also contract with other public agencies for such work.

The City shall have the power to establish standards, procedures, rules, or regulations related to the purchasing of goods, property, or services.

RESOLUTION NO. _____-2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE RESCINDING AND REPLACING RESOLUTION NO. 45-2026, AND APPROVING AND CALLING FOR THE SUBMISSION

TO THE VOTERS OF A CITY COUNCIL PROPOSED MEASURE TO AMEND CITY CHARTER SECTION 16 RELATING TO THE FILLING OF CITY COUNCIL VACANCIES AT A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON NOVEMBER 3, 2026
WHEREAS, the City Council desires to submit a proposed City Charter amendment to the voters at the General Municipal Election on November 3, 2026; and WHEREAS, the City Council has determined that establishing a clear process for filling vacancies on the City Council promotes consistency, continuity of representation, and public understanding of the City's vacancy procedures; and
WHEREAS, the proposed charter amendment does not alter any procedural or substantive protection, right, benefit, or employment status of any local government employee or any retiree or of any local government employee organization; and WHEREAS, the proposed charter amendment is an exercise of the City's constitutional home rule authority regarding matters of municipal affairs; and WHEREAS, on June 16, 2026, the City Council adopted Resolution No. 45-2026 calling for the submission of the proposed City Charter amendment to the voters; and WHEREAs, following submission of Resolution No. 45-2026 to the Tulare County Registrar of Voters, the Registrar determined that the resolution did not contain all information required to process the measure for the November 3, 2026 General Municipal Election; and WHEREAS, in order to incorporate the required information and facilitate placement of the proposed measure on the ballot, the City Council desires to rescind Resolution No. 45-2026 and replace it in its entirety with this Resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORTERVILLE AS FOLLOWS:

SECTION 1. Resolution No. 45-2026 is hereby rescinded in its entirety and replaced by this Resolution. This Resolution supersedes Resolution No. 45-2026 for all purposes relating to the submission of the proposed City Charter amendment to the voters at the November 3, 2026 General Municipal Election.

SECTION 2. That pursuant to requirements of the Charter of the City of Porterville and California Election Code, there is called and ordered to be held in the City of Porterville on Tuesday, Resolution No. _______-2026

November 3, 2026, a General Municipal Election for the purpose of submitting a City Council charter amendment proposal to the voters for approval.

SECTION 3. That the City Council, pursuant to its right and authority under State Government Code section 34458, and Elections Code sections 1415 (a)(2) and 9255, does order submitted to the voters at the municipal election on November 3, 2026, the following proposed charter amendment:

CITY OF PORTERVILLE CHARTER AMENDMENT MEASURE______-2026 Shall the City Charter be amended to require that vacancies on the City Council be filled by appointment of the City Council when less than one year remains in the unexpired term, and by a special election when one year or more remains in the unexpired term?
YES
NO
SECTION 4. The City Council approves and adopts the complete text of the proposed amendment of City Charter Section 16 as follows, with deletions of existing text shown in strike out and additions shown in underlining for convenient reference only:

Section 16. Vacancies In Office; When Offices Declared Vacant.

A vacancy in any legislative office, from whatever cause arising excluding any vacancy created due to a successful recall election, shall be filled by appointment by the council, such appointee to hold office until the next general municipal election, when a successor shall be chosen by the electors for the unexpired term; provided, that if the council fails to agree or for any other reason does not fill such vacancy within thirty days after the same occurs, then such vacancy shall be filled by the mayor; provided, however, that if for any reason the seats of a majority of the council shall become vacant, then the city clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the manner provided for general municipal elections appointment of the City Council if less than one year remains in the unexpired term. If one year or more remains in the unexpired term, the vacancy shall be filled by a special election.

Notwithstanding the foregoing, if for any reason the seats of a majority of the City Council become vacant, the City Clerk shall call a special election to fill the vacancies for the unexpired terms, and the election shall be conducted substantially in the manner provided for general municipal elections.

If, without permission from the city council, any legislative officer of the city shall remove from the city or absent himself/herself therefrom for more than forty-five (45) days consecutively, or shall fail to attend five (5) consecutive regular city council meetings unless prevented from attending by sickness (but in no case for a period exceeding ninety (90) days), his/her office shall thereupon become vacant. If for said forty-five (45) day period any legislative officer shall willfully fail or refuse to perform the duties of his office, though able to do so, or shall fail to qualify, or shall resign, or be convicted of a felony or a crime of Resolution No. _______-2026

moral turpitude, or be adjudged mentally incompetent, his/her office shall thereupon become vacant.

SECTION 5. Passage of this measure requires a regular majority of votes.

SECTION 6. The Tulare County Clerk/Registrar of Voters shall give the appropriate notices for the election in the Porterville Recorder and shall conduct the election pursuant to provisions of state law.SECTION 7. The City Council directs the City Clerk to transmit a copy of the proposed charter amendment to the City Attorney. The City Attorney is directed to prepare an impartial analysis of the proposal, not to exceed 500 words in length, showing the effect of the proposal on existing law and the operation of the proposal. The City Attorney is further directed to transmit the impartial analysis to the City Clerk within ten days of adoption of this Resolution.

SECTION 8. The Tulare County Registrar of Voters is hereby requested to reprint the full text of the proposed City Charter amendment, substantially in the form attached hereto as Exhibit A, in the voter information pamphlet to be distributed to voters for the November 3, 2026 General Municipal Election.

SECTION 9. Pursuant to Elections Code section 9282, the City Council authorizes the Mayor, or the Mayor's designee, to file a written argument on behalf of the City Council regarding the measure, accompanied by up to four additional printed names and signatures of persons joining in the submission.

SECTION 10. Pursuant to Elections Code sections 9285 and 9287, the City Clerk, or County elections official as provided through the consolidated election process, is authorized and directed to perform all duties required by law relating to the receipt, selection, exchange, filing, and printing of ballot arguments and rebuttal arguments for the measure.

The City Clerk or County elections official shall send a copy of the argument in favor of the measure to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receipt of the arguments.

The author or a majority of the authors of an argument relating to the measure may prepare and submit a rebuttal argument or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

The rebuttal argument shall not exceed 250 words. A rebuttal argument may not be signed by more than five persons. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 11. That the City Clerk, or County elections official is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter, and all Resolution No. _______-2026

supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 12. Notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form and manner as required by law.

SECTION 13. Pursuant to Elections Code sections 10401 and 10403, the Board of Supervisors of the County of Tulare is hereby requested to consent and agree to the consolidation of the General Municipal Election to be held on Tuesday, November 3, 2026, for the submission of the measure.

SECTION 14. The County Elections Division is hereby authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

SECTION 15. The Board of Supervisors of the County of Tulare is hereby requested to issue instructions to the County Elections Division to take any and all steps necessary for the holding of the consolidated election.

SECTION 16. The City Council of the City of Porterville recognizes that additional costs will be incurred by the County of Tulare by reason of this consolidation and hereby agrees to reimburse the County for these costs.

SECTION 17. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Elections Division of the County of Tulare.

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
Resolution No. _______-2026

EXHIBIT A

VOTER INFORMATION PAMPHLET BALLOT TEXT
Section 16. Vacancies In Office; When Offices Declared Vacant.

A vacancy in any legislative office, from whatever cause arising excluding any vacancy created due to a successful recall election, shall be filled by appointment of the City Council if less than one year remains in the unexpired term. If one year or more remains in the unexpired term, the vacancy shall be filled by a special election. Notwithstanding the foregoing, if for any reason the seats of a majority of the City Council become vacant, the City Clerk shall call a special election to fill the vacancies for the unexpired terms, and the election shall be conducted substantially in the manner provided for general municipal elections.

If, without permission from the city council, any legislative officer of the city shall remove from the city or absent himself/herself therefrom for more than forty-five (45) days consecutively, or shall fail to attend five (5) consecutive regular city council meetings unless prevented from attending by sickness (but in no case for a period exceeding ninety (90) days), his/her office shall thereupon become vacant. If for said forty-five (45) day period any legislative officer shall willfully fail or refuse to perform the duties of his office, though able to do so, or shall fail to qualify, or shall resign, or be convicted of a felony or a crime of moral turpitude, or be adjudged mentally incompetent, his/her office shall thereupon become vacant.

Item No. 43.

CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Approval of Community Civic Event Application – For the Kidz Global Corporation Farmers Market and Direction to Develop a Special Event Cost Recovery Policy
SOURCE: Finance
COMMENT: For the Kidz Global Corporation has submitted a Community Civic Event Application requesting approval to conduct a recurring Farmers Market at Centennial Plaza every Sunday from August 9, 2026, through December 27, 2026, between 5:00 p.m. and 9:00 p.m. The proposed event is intended to strengthen community connections, promote local agriculture and small businesses, and create a welcoming environment where residents and visitors can purchase fresh, locally grown, and handcrafted products. An Outside Amplifier Permit has been approved for the requested event hours.

The Community Civic Event Application has been reviewed by the Police Department, Fire Department, Parks and Leisure Services, Administrative Services, and Risk Management. All applicable operational requirements and event conditions are outlined in the Application and Agreement, Exhibit A, Exhibit B, Exhibit C, and the Outside Amplifier Permit. Food vendors participating in the event shall comply with all applicable Tulare County health requirements and City Fire Department safety regulations. The required certificate of liability insurance and additional insured endorsement have also been reviewed and approved.

Staff has reviewed the requested recurring use of Centennial Plaza and determined that the proposed schedule is compatible with anticipated City operations and planned facility use during the requested event period. Staff believes the proposed farmers market will provide a valuable community benefit by supporting local agriculture, small businesses, and community engagement while ensuring appropriate operational, safety, and risk management standards are maintained.

Because the proposed event will occur weekly over an extended period, it may require ongoing City resources, including police services, public works support, street closures or traffic control, parks maintenance, administrative coordination, and other City services. While staff is recommending approval of Item No. 43.
the requested Community Civic Event under the City's existing policies, staff also believes it would be appropriate for the City Council to consider establishing a comprehensive Special Event Cost Recovery Policy for future events requiring City resources.

A Special Event Cost Recovery Policy would allow the City Council to consider standardized fees, identify the types of City services subject to cost recovery, establish criteria for fee waivers or reductions, and ensure a fair, transparent, and consistent process for future special events. Staff would return with policy recommendations for City Council consideration, including a proposed fee schedule and administrative procedures.

Approval of this Community Civic Event does not waive any applicable City requirements. Prior to commencing operations, For the Kidz Global Corporation shall obtain and maintain a valid City of Porterville business license, as required by the Porterville Municipal Code, along with all other applicable federal, state, county, and local permits and approvals.

RECOMMENDATION: That the City Council:

1. Approve the Community Civic Event Application submitted by For the Kidz Global Corporation for the "Farmers Market" to be held every Sunday from August 9, 2026, through December 27, 2026, at Centennial Plaza, subject to the conditions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, Exhibit C, and the Outside Amplifier Permit;

2. Require the applicant to obtain and maintain a valid City of Porterville business license, as required by the Porterville Municipal Code, prior to commencing operations; and

3. Direct staff to return to the City Council with a proposed Special Event Cost Recovery Policy for future events requiring City resources, including a proposed fee schedule, recommended cost recovery for City services, administrative procedures, and criteria for fee waivers or reductions.

ATTACHMENTS: 1. CCE- Farmer's Market Application, Exhibit A, B, C, Outside Amplifier Permit, Map, Certificate of Liability Insurance Appropriated/Funded:

Review By:

Department Director:

Trisha Whiteley, Acting Finance Director
Item No. 43.

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

Requirements for Community Civic Event
For the Kidz Global Corporation
Farmers Market
Sundays in August through December, beginning August 9, 2026 Fire Marshal: Please see Exhibit C.

C. Dignam
Parks & Leisure Service Asst. Director: Park reservation fees must be paid in A. Graybehl advance of the events. Vehicles are
prohibited on Centennial Park grass.

Portable toilets need for events over 50
people.

Police Lieutenant: Please see Exhibit B.

M. Hatch
Administrative Service Director: The certificate of liability and endorsement Y. Andrade form are sufficient for the proposed event.

All bounce house/inflatable participants or
legal guardians (if participant is a minor) must
sign a waiver of liability releasing the City from
any and all claims.

Field Services Superintendent-Refuse: No comments.

B. Spry
Field Services Superintendent-Streets: Staff will be responding before and after the I. Fajardo event to provide and retrieve the barricades.

Exhibit A, Page 1
Requirements for Community Civic Event
Sponsor: For the Kidz Global Corporation
Event: Farmers Market
Event Chairman: Jaime Gomez
Location: Centennial Plaza
Date of Event: Sundays in August through December, beginning August 9, 2026 RISK MANAGEMENT: Conditions of Approval
That For the Kidz Global Corporation provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $2,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

A. The Certificate shall be signed by an agent authorized to bind insurance coverage with the carrier, and the deductible, if any, shall not be greater than $1,000.

B. Said insurance shall be primary to the insurance held by the City of Porterville, be with a company having an A.M. Best Rating of no less than A: VII, and the insurance company must be an ‘admitted’ insurer in the State of California.

Exhibit A, Page 2

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
Farmers Market Community Event
Every Sunday Beginning August 9, 2026 through December 27, 2026 (5:00 pm to 9:00 pm)
Location: Centennial Park
Proposed Conditions/Requirements for Downtown Event:
 City Council approval is required for all street closures.  On all streets approved for closure, ensure adequate barricades/barriers are used to warn motorists of non-access and prevent vehicle access to those designated areas.  If event organizers anticipate the need for removal of parked vehicles from public roadways related to the event, the affected public roadways must be posted by organizer with appropriate signage no less than 24 hours in advance of the event. Said signs and associated posting must meet minimum requirements as established by the California Vehicle Code. (Recommend event organizers contact Sergeant Justin Ellestad of the Porterville Police Department/Traffic Unit in order to ensure that signs meet the requirements as established by law).
 Food vendors should provide inspection certificates from the Tulare County Health Department to members of the organizing committee, to ensure food product safety.  An Outside Amplifier Permit has been approved and granted. However, event organizers shall not allow music to be played so loud as to unreasonably disturb the peace and good order of any residents or business establishments in the surrounding area.
 At conclusion of event, event organizers shall ensure streets are promptly cleared of any vehicles, equipment, booths or anything that could present a hazard to pedestrians or vehicles traveling through this area.
 Event organizers shall contact Police Department Lieutenant Orlando Ortiz, Lieutenant Bruce Sokoloff, or Acting Lieutenant Erik Martinez (559-782-7410 or 559-782-7400) to coordinate and schedule the appropriate number of law enforcement officers to provide security and ensure safety during the event.

Mark Hatch, Lieutenant
Porterville Police Department
Exhibit B
City of Porterville/Fire Department
Community Civic Event Application
Farmers Market
Every Sunday Beginning August 9, 2026 through December 27, 2026 Centennial Park
All spacing for tents, tarps and canopies shall comply with the attached requirements for spacing. All tents, canopies, tarps shall all be fire resistance rated with an affixed and legible tag. All booths using electricity, preparing food, or using a generator shall have at a minimum a 2A:10B, C fire extinguisher (Tagged within the last year) that is properly tagged for use within seventy-five feet (75’). There shall be no cooking or frying producing grease laden vapors inside, or under, any tent, tarp, or canopy. All trailers shall be separated from the towing vehicle and level. There shall be a minimum of 12' between units. All food truck/trailers with a fixed extinguishing system shall have a current inspection tag on the system (within the last 6 months) and the required K series extinguisher, along with the 2A:10B, C fire extinguisher. (Tagged within the last year) Clayton Dignam
Fire Marshal
Exhibit C, Page 1

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

OUTDOOR FOOD BOOTH REQUIREMENTS
Authority cited: 2019 California Fire Code (CFC)
These standards apply to individual tents, temporary structures, or membrane structures less than 200 square feet in area, and canopies less than 400 square feet in area used as outdoor carnival and fair booths.

A permit is required before any tent or membrane structure larger than 400 square feet can be erected. (California Fire Code 3103.2)
Tents and membrane structures having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the building official and fire code official.

Exceptions:

1. Tents used exclusively for recreational camping purposes.

2. Tents open on all sides which comply with all the following:
a. Individual tents having a maximum size of 700 square feet. b. Aggregate area of multiple tents placed side by side without 12 feet clearance, not exceeding 700 square feet total. c. A minimum clearance of 12 feet to all structures and other tents.

Definitions
Cooking Booth – Booth where food is prepared by a heating or cooking process such as, but not limited to, grilling, frying, barbecuing, flambe′, deep fat frying, baking, warming, or boiling. Deep fat frying – Any cooking operation or process whereby the product floats or is submerged in hot oil during the cooking process.

Vendor Booth – Any booth other than a cooking booth.

Cooking Booth Construction and Location
• All fabrics or membranes covering cooking booths shall be California State Fire Marshal certified flame retardant and be labeled as such.
• Decorative materials shall be inherently fire resistive or shall be treated with a fire-retardant spray. • Flooring materials used within cooking booths and cooking equipment shall be non-combustible or California State Fire Marshal certified fire-retardant. (Exception 3/8” plywood or similar material.) • Each cooking booth shall have at least one exit-way, a minimum 3’ wide and 6’8” high. Booth frames shall not obstruct exit paths. • Cooking booths shall have a minimum clearance of 10’ on at least two sides with clearance of at least 10’ from any vendor booth. • Minimum 12’ separation required between cooking booths with an aggregate size of 400 sq.ft. with sides, or 700 sq.ft. without sides.

Cooking Equipment
• All interior cooking equipment shall be of an approved type, and open-flame cooking shall be located a minimum of 18” from booth back/side drop materials.
• Compressed gas (butane, propane, or natural) equipment shall conform to the following:
• Shut off valves shall be provided at each fuel source; • Cooking appliances shall have an ON-OFF valve located far enough away from the appliance to be safely shut off in case of fire; • Manufactured cooking appliances shall be equipped with a Thermocouple Valve to shut off fuel if flame is extinguished; • The booth operator shall test all connections for leaks with soap and water solution; • Fuel tanks shall be protected from damage and secured in an upright position; • Hoses shall be of a type approved for use with the equipment and fuel type; • Tanks not in use shall be turned off;
• Extra fuel tanks shall not be stored in booths;
• Unused fuel cylinders shall be stored in a secured position.

PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
Wood, Charcoal (Solid Fuels) Cooking
• Use only an electric starter or commercially sold lighter fluid. • Charcoal cooking and storage of lighter fluid is prohibited inside booths. • Charcoal cooking shall be located a minimum of ten 10’ away from booths and in areas away from public access. • Charcoal cooking shall be located at least ten 10’ away from combustible structures and parked vehicles. • Coals shall be disposed of in metal containers with lids approved by the Fire Marshal.

Deep Fat Frying, Flambé, and Wok
• Deep fat frying, flambé, and wok shall be located no closer than 18” from any combustible material. • Cooking areas shall not be accessible to the public.
• Deep fat frying equipment shall be equipped with a temperature regulating device or other method of regulating temperatures approved by the Fire Marshal.
• Separation shall be maintained with a minimum of 3’ clearance between deep fat frying and flambé or open flame cooking.

Vendor Booth Construction and Location
• Each vendor booth shall have at least one exit-way, a minimum of 3’ wide by 6’8” high. Booth frames shall not obstruct exit paths.
• Vendor booths shall have a minimum clearance of 20’ on at least one side, with clearance of at least 10’ from any cooking booth.

Electrical Power
• Generators shall be placed only in locations approved for festival use. • Generators shall not be refueled during event hours. Extra fuel shall not be stored during event hours. • Smoking and open flames shall be prohibited within 25’ of refueling operations. • Extension cords shall be of a grounded type and approved for exterior use.

Fire Extinguishers
• Each cooking booth shall be equipped with a fire extinguisher with a minimum rating of 2A: 10BC. Booths with deep fat frying or flambé cooking shall be equipped with an extinguisher rated for class “K” fires. • Cooking booths shall be equipped with visible and accessible fire extinguishers mounted adjacent to the exit. • For vendor booths, the maximum travel distance to a fire extinguisher with a minimum rating of 2A: 10BC shall not exceed 75’ • Each generator shall be provided with a fire extinguisher with a minimum 40BC rating. The extinguisher shall be located near the generator and accessible at all times.
• All fire extinguishers shall be serviced and tagged annually by a State-licensed contractor.

Miscellaneous
• The Porterville Fire Department shall be provided with a site plan showing emergency access. • All booths are subject to inspection by the Fire Department and any discrepancies will require immediate action. • All cooking areas shall be cleaned regularly to prevent the build-up of grease. • There shall be a competent adult in cooking booths at all times to ensure safety. • Seating shall be a minimum of 15’ from booths with open flame devices or cooking appliances. • The Fire Department shall be provided with a telephone number of the responsible party to contact in case of emergency on a 24 hour basis.

Fire Safety Tips
• Know where fire extinguishers are and how to use them. • Do not leave cooking unattended.
• Do not wear loose-fitting clothing while cooking.
• Remove trash accumulation regularly.
• Keep combustible materials away from heat sources.
• In case of an emergency dial 9-1-1.

The attached “Food Booth Vendor Agreement” must be on site at all times and presented upon request of any Porterville Fire Department Personnel.

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected] Cooking Booth Vendor Agreement
Booth/Space # Business Name
On Site Contact Name Contact Phone #
Cooking Booth Construction and Location

1. Tents, canopies, and decorative material shall be inherently flame-resistive and proof of certification shall be on site at all times.

2. Cooking booth floors may be concrete, asphalt, or plywood over grass and dirt.

3. An emergency access of 36” shall be maintained between the back of each cooking booth and any fencing at all times. NO EXCEPTIONS.

Cooking Equipment

1. Cooking with charcoal, wood, or other solid fuel shall be located a minimum of 10’ away from booths, canopies, combustible material or any public access.

2. Deep fat frying shall be located a minimum of 3’ away from booths, canopies, open flame cooking, combustible material or any public access.

3. Any open flame cooking shall be located a minimum of 18” away from any vertical surface, combustible material or any public access.

4. Extra fuel tanks shall NOT be stored in booths or within 5’ of cooking equipment.

5. All cooking, gas powered, or electrically energized equipment shall meet manufacturer specifications and shall be free of excess cooking oils or any other combustible materials.

Miscellaneous

1. A visible and accessible, 2A:10BC fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided within 20’ of travel in all cooking areas.

2. A visible and accessible Class K portable fire extinguisher with a current (within the last 12 months) State Fire Marshall tag must be provided in all cooking areas with deep fat frying.

3. All cooking areas shall be cleaned regularly to prevent build-up of combustible substances.

4. Extension cords shall be of a grounded type, approved for exterior use, and in good working order.

5. Smoking is not allowed at any time within food booths or within 25’ of any fuel source.

6. Specialized cooking equipment is subject to approval by the Fire Marshal.

Additional Requirements:

The Porterville Fire Department has established these requirements in accordance with the California Fire Code. Your cooperation is required to maintain a high level of fire safety throughout the event. All booths are subject to fire department inspection prior to and at any time during the event. Any discrepancies to the above requirements or any conditions considered a threat to fire and life safety by the Fire Inspector may result in the immediate cessation of cooking.

By signing below, I acknowledge that I have read and agree to comply with all requirements of this contract.

Signature Date

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]

PORTERVILLE FIRE DEPARTMENT

FIRE PREVENTION DIVISION
PORTERVILLE FIRE DEPARTMENT ∙ Fire Prevention Division ∙ 40 W Cleveland. Ave. (559) 782-7526 ∙ Fax (559) 791-7834 ∙ [email protected]