Porterville City Council
August 18, 2026

City Council Agenda August 18, 2026

CITY OF PORTERVILLE - CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
AUGUST 18, 2026, 5:30 PM
The City of Porterville provides members of the public the opportunity to attend and participate in City Council meetings both in person and remotely.

City Council Meeting will be livestreamed (viewing only) on YouTube at:
https://www.youtube.com/@cityofporterville4149
Members of the public may also participate remotely via Zoom using the following information:

Please use the following link below to join the webinar:
https://us06web.zoom.us/j/86968558241?pwd=vWieN6lrRFErFe2pV85M6hmczgz5NH.1 Or via Telephone: 1-669-900-6833 Webinar ID: 869 6855 8241 Passcode: 620586 Persons attending the meeting remotely will have the opportunity to provide public comment during the designated public comment periods. To request to speak, click the "Raise Hand" button in the Zoom webinar or, if participating by telephone, press *9 to raise your hand. When it is your turn to speak, you will be prompted to unmute your microphone and will be asked to state your name for the record before providing your comments.

Public comments submitted remotely will be accepted in the same manner as comments from individuals attending the meeting in person and will be subject to the same time limits, rules of decorum, and meeting procedures established by the City Council.

Please direct any questions to the Office of City Clerk at 559-782-7464.

Call to Order
Roll Call

ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, each speaker shall be limited to three minutes.

CITY COUNCIL CLOSED SESSION:

City Council Agenda August 18, 2026

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 253-160-064, 253-160-065, 253-160-068, 253-160-069, 253- 160-070, 261-125-018, 261-125-020. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and James Gregory Shelton. Under Negotiation: Terms and Price. 2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 261-130-002 and 253-160-059. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and State of California Department of General Services. Under Negotiation: Terms and Price.
3 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 268-100-001 and 268-110-034. Agency Negotiator: Richard Tree. Negotiating Parties: City of Porterville and Smee Homes, Inc. Under Negotiation:

Terms and Price.
4- Government Code Section 54956.95 – Liability Claim: Claimant: Bao Ying Guan. Agency claimed against: City of Porterville.
5 - Government Code Section 54956.95 – Liability Claim: Claimant: Robert Perez. Agency claimed against: City of Porterville.

6 - Government Code Section 54956.9(d) (2) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: 1 Case in which facts are not yet known to potential plaintiff.
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Green
Invocation

COUNCIL COMMENTS

PRESENTATIONS
Porterville Neptunites

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, each speaker shall be limited to three minutes. The total time for public comment shall not exceed one hour.

City Council Agenda August 18, 2026

COUNCIL COMMENTS

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Authorization to Purchase Axon Standards
Re: Consideration of authorizing the addition of Axon Standards to the City's existing Axon Enterprise Agreement for the remaining 54 months of the agreement at a total cost not to exceed $73,497, funded within the Police Department's FY 2026-27 Operating Budget.

2. Authorization to Repair Police Patrol Vehicle No. 3411 Re: Consideration of authorizing the repair of Police Patrol Vehicle No. 3411 by Porterville Collision at a cost not to exceed $11,046.62, including a 10% contingency, and directing staff to pursue reimbursement of eligible repair costs and associated expenses from the responsible party.

3. Approval of Accela PublicStuff Pro (myPorterville) Renewal Agreement Re: Consideration of approving a one-year renewal with Accela, Inc. for PublicStuff Pro services supporting the myPorterville application for the period of September 17, 2026, through September 16, 2027, in an amount not to exceed $16,157.53.

4. Authorization of Traffic Signal Upgrade at D Street and Morton Avenue Re: Consideration of authorizing a sole-source purchase from Econolite for the Traffic Signal Upgrade at D Street and Morton Avenue in an amount not to exceed $72,246, including a ten percent contingency; and adopting a Resolution appropriating $72,246 from the General Fund Reserve Deferred Maintenance Fund.

5. Approval of Retirement and Sale of Police Facilities Dog Re: Consideration of approving the retirement and sale of Police Facilities Dog Bodie to his longtime handler, Melinda Rios, for $1.00, including transfer of his existing kennel and carrier.

6. Authorization to Join the Protect Public Funds Coalition in Support of Comprehensive Tort Reform
Re: Consideration of authorizing the City of Porterville to join the Protect Public Funds Coalition and support its efforts advocating for comprehensive tort reform for civil actions against public entities.

7. Approval of Joint Funding Agreement with Burton School District for a School Resource Officer
Re: Consideration of approving a Joint Funding Cooperative Agreement with Burton School District for one School Resource Officer for the period of July 1, 2026 through June 30, 2027, with Burton School District contributing 65% of actual salary and benefit costs, up to $79,950.

City Council Agenda August 18, 2026

8. Authorization to Set Public Hearing for Implementation of Assembly Bill 1572 Nonfunctional Turf Requirements
Re: Consideration of setting a public hearing for September 1, 2026, regarding introduction of an ordinance amending Title 25 of the Porterville Municipal Code to implement Assembly Bill 1572 requirements prohibiting the use of potable water to irrigate nonfunctional turf on specified properties.

9. Authorization to Participate in Moonshot Missions Water and Wastewater Technical Assistance Program
Re: Consideration of approving participation in the Moonshot Missions Technical Assistance Program to support evaluation of the City's drinking water and wastewater systems, development of a Technical, Managerial, and Financial improvement roadmap, and identification and pursuit of funding opportunities for PFAS treatment at Well 20, at no cost to the City.

10. Authorization of 3/8-Inch Cold Mix Asphalt Purchases Through Tulare County Cooperative Purchasing Program
Re: Consideration of authorizing the purchase of 3/8-inch Cold Mix Asphalt from Jaxon Enterprises dba Deer Creek Asphalt through the Tulare County Cooperative Purchasing Program until the City's existing grinding credit balance is exhausted, and thereafter authorizing purchases from Porterville Asphalt as the lower-priced awarded vendor.

11. Approval of Fiscal Year 2026-27 State of Good Repair Program Project List Re: Consideration of approving the Fiscal Year 2026-27 State of Good Repair Project List identifying an estimated $123,781 for the State of Good Repair Transit Fleet Replacement Project for the purchase of two hybrid transit vans; approving the State of Good Repair Program Certifications and Assurances; and adopting a Resolution authorizing administration of State of Good Repair Program funds.

12. Approval of Community Civic Event Application for the Exchange Club of Porterville Run for Life
Re: Consideration of approving the Community Civic Event Application submitted by the Exchange Club of Porterville for the Run for Life on Saturday, September 5, 2026, from 6:00 a.m. to 11:00 a.m., including event set-up and clean-up.

13. Approval of Reappointments and Appointment to the Transactions and Use Tax Oversight Committee
Re: Consideration of reappointing Jerry Hall and Rae Dean Strawn and appointing Brian Redford to the Transactions and Use Tax Oversight Committee for terms expiring May 2030.

14. Approval of Communications Specialist Classification and Job Description Re: Consideration of establishing a Communications Specialist classification at Salary Range 232 ($6,627–$8,087 per month) and approving the associated classification specification to provide centralized Citywide communication, marketing, branding, digital media, community engagement, media relations, and public information support.

A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible City Council Agenda August 18, 2026

PUBLIC HEARINGS

15. Conditional Use Permit (PRC 2026-013-C) for Dead End Saloon at 1200 S. Main Street Re: Public hearing and consideration of a Conditional Use Permit for Dead End Saloon at 1200 S. Main Street to allow operation of a tavern with a Type 48 ABC license for the onsite sale and consumption of beer, wine, and distilled spirits, and consideration of adopting a Resolution approving the Conditional Use Permit subject to applicable conditions of approval.

SECOND READINGS

16. Second Reading - Ordinance No. 1934 - Repealing and Replacing Municipal Code Provisions Pertaining to Code Enforcement Officers
Re: Second Reading and Adoption of Ordinance No. 1934, an Ordinance of the City Council of the City of Porterville repealing and replacing Sections 2-26.1 through 2-26.4 of Chapter 2, and adding Sections 2-26.5 through 2-26.9 of the Porterville Municipal Code pertaining to Code Enforcement Officers.

17. Second Reading - Ordinance No. 1935 - Amending Chapter 15 of the Porterville Municipal Code Pertaining to Business Licenses
Re: Second Reading and Adoption of Ordinance No. 1935, an ordinance of the City Council of the City of Porterville, amending Chapter 15 of the Porterville Municipal Code pertaining to Business Licenses, including the transfer of administration of the City's Business License Program to the Planning and Engineering Department and related administrative updates.

SCHEDULED MATTERS

18. Consideration of Amendments to the City's Entertainment Zone Program Re: Consideration of potential amendments to the City's Entertainment Zone Program, including expansion of designated Entertainment Zones and review of the existing $10 wristband fee, and direction to staff regarding amendments to Chapter 15.20 of the Porterville Municipal Code.

19. Consideration of a Courtesy Leak Adjustment Program for Utility Customers Re: Consideration of approving a Courtesy Leak Adjustment Program and associated Program Guidelines to provide limited financial relief to eligible residential and commercial utility customers experiencing unusually high water consumption resulting from a verified leak.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.

City Council Agenda August 18, 2026

1. Tule East Groundwater Sustainability Agency JPA (TEGSA) - August 5, 2026

2. Local Initiatives Navigation Center Committee (LINC) - August 5, 2026

3. Tule East Groundwater Sustainability Agency JPA (TEGSA) Special Meeting - August 10, 2026

4. Heritage Committee Meeting - August 10, 2026

5. Tulare County Association of Governments (TCAG) - August 17, 2026

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Unless additional time is authorized by the Council, each speaker shall be limited to three minutes. The total time for public comment shall not exceed one hour.

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of September 1, 2026, at 5:30 p.m.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, requesting electronic participation as an accommodation, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 N. Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

Item No. 1.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Authorization to Purchase Axon Standards
SOURCE: Police
COMMENT: The Porterville Police Department continually evaluates technology solutions that improve operational efficiency, strengthen accountability, reduce organizational risk, and support employee development. As reporting and administrative requirements associated with use-of-force incidents, internal affairs investigations, citizen complaints, and employee performance have increased, supervisors and command staff are required to dedicate significant time to managing and documenting these functions.

Axon Standards is a cloud-based platform designed to streamline these administrative and supervisory functions. The platform includes an Early Intervention System that analyzes employee activity and alerts supervisors when established performance thresholds are met, allowing leadership to identify potential concerns and address them through training, mentoring, or corrective action when appropriate. Axon Standards also provides analytics and reporting capabilities to assist Department leadership with monitoring use-of-force incidents, complaints, employee performance, and organizational trends.

The Police Department currently utilizes Axon products and services under an existing Axon Enterprise Agreement. Staff proposes adding Axon Standards to the City's existing Axon technology environment for the remaining 54 months of the agreement. The proposed purchase includes 75 Axon Standards licenses and implementation services. The licenses are anticipated to begin January 1, 2027, and continue through June 30, 2031.

Integrating Axon Standards into the Department's existing Axon environment will provide supervisors and command staff with additional tools to improve administrative efficiency, enhance organizational oversight, identify trends, support employee development, and strengthen accountability and risk management.

Axon Enterprise, Inc. has provided a quote totaling $73,497, consisting of $43,497 for 75 Axon Standards licenses and $30,000 for implementation Item No. 1.
services. Funding for the purchase is available within the Police Department's adopted Fiscal Year 2026-27 Operating Budget. No additional appropriation is requested.

RECOMMENDATION: That the City Council authorize the addition of Axon Standards to the City's existing Axon Enterprise Agreement for the remaining 54 months of the agreement at a total cost not to exceed $73,497, and authorize the City Manager or designee to execute all documents necessary to complete the purchase.

ATTACHMENTS: 1. Axon Standards Quote
Appropriated/Funded: Police Department's FY 2026-27 Operating Budget Review By:

Department Director:

Bobby Radar, Interim Chief of Police
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Q-782847-46218DG
Issued: 07/15/2026
Quote Expiration: 08/31/2026
Estimated Contract Start Date: 01/01/2027
Account Number: 148556
Payment Terms: N30
Mode of Delivery: AUTO-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Porterville Police Dept. - CA
350 N D St
Porterville,
CA
93257-3651
USA
Porterville Police Dept. - CA
291 N Main St
Porterville
CA
93257-3737
USA
Email:

David Gollobit
Phone: +1 6023212774
Email: [email protected]
Fax:

Mark Hatch
Phone: (559) 782-7400
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 54 Months Average Savings Per Year $0.00 TOTAL COST $73,497.00
ESTIMATED TOTAL W/ TAX $73,497.00 TOTAL SAVINGS $0.00
Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International: +1.800.978.2737

Payment Summary
Date Subtotal Tax Total
Jan 2027 $73,497.00 $0.00 $73,497.00
Total $73,497.00 $0.00 $73,497.00

Quote Unbundled Price: $73,497.00
Quote List Price: $73,497.00
Quote Subtotal: $73,497.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software
73638 AXON STANDARDS - LICENSE 75 54 $10.74 $10.74 $43,497.00 $0.00 $43,497.00 A la Carte Services
73896 AXON STANDARDS - IMPLEMENTATION SERVICE 1 1 $30,000.00 $30,000.00 $30,000.00 $0.00 $30,000.00 Total $73,497.00 $0.00 $73,497.00
Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 73638 AXON STANDARDS - LICENSE 75 01/01/2027 06/30/2031 Services
Bundle Item Description QTY
A la Carte 73896 AXON STANDARDS - IMPLEMENTATION SERVICE 1

Shipping Locations
Location Number Street City State Zip Country
1 350 N D St Porterville CA 93257-3651 USA
Payment Details
Jan 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment 73638 AXON STANDARDS - LICENSE 75 $43,497.00 $0.00 $43,497.00 Invoice Upon Fulfillment 73896 AXON STANDARDS - IMPLEMENTATION SERVICE 1 $30,000.00 $0.00 $30,000.00 Total $73,497.00 $0.00 $73,497.00

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

\s1\ \d1\
Signature Date Signed
7/15/2026
Item No. 2.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Authorization to Repair Police Patrol Vehicle No. 3411 SOURCE: Transportation
COMMENT: Police Patrol Vehicle No. 3411 was involved in a vehicle pursuit and sustained damage during the incident, including damage to the front undercarriage. The vehicle is currently out of service pending necessary repairs.

The repair of Vehicle No. 3411 was previously authorized by the City Council through Minute Order No. 05-050526 and awarded to Milinich Body Works as the lowest responsive bidder. Following Council authorization, Milinich Body Works declined to perform the repairs because the vehicle had previously been partially disassembled by another repair facility and Milinich was unwilling to assume responsibility for completing repairs on a vehicle that had already been disassembled.

Staff subsequently reviewed the remaining estimates. Porterville Collision submitted the lowest remaining estimate at $10,042.38, compared with $10,767.99 from Golden State Paint and Body, a difference of $725.61. The Porterville Collision estimate includes the parts, labor, taxes, and other costs associated with completing the identified repairs.

Because the vehicle has been partially disassembled and additional conditions may be identified during the repair process, staff recommends a 10% contingency of $1,004.24, resulting in a total authorization not to exceed $11,046.62.

Funding for the repair is available within the Police Department's operating budget. Staff will pursue reimbursement of eligible repair costs and associated expenses from the responsible party, as appropriate and consistent with applicable laws and procedures.

Approval of the recommended action will allow the City to proceed with the necessary repairs and return Police Patrol Vehicle No. 3411 to service.

RECOMMENDATION: That the City Council:

Item No. 2.

1. Authorize the repair of Police Patrol Vehicle No. 3411 by Porterville Collision at a cost not to exceed $11,046.62, including a 10% contingency; and

2. Direct staff to pursue reimbursement of eligible repair costs and associated expenses from the responsible party, as
appropriate and consistent with applicable laws and procedures.

ATTACHMENTS: 1. Golden State Paint and Body Repair Estimate – Vehicle No. 3411

2. Porterville Collision Repair Estimate – Vehicle No. 3411 Appropriated/Funded: Police Department's Operating Budget Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 3.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Approval of Accela PublicStuff Pro (myPorterville) Renewal Agreement SOURCE: City Manager's Office
COMMENT: In 2013, the City Council authorized an agreement with Accela for the PublicStuff platform to support the development and operation of the myPorterville mobile application. Since that time, the City has continued utilizing PublicStuff as its Citizen Relationship Management (CRM) system, primarily to receive and track code enforcement concerns and coordinate work orders across multiple City departments.

The myPorterville application provides residents with a convenient method to report concerns and request City services, while providing staff with a centralized system to route requests to the appropriate department, track work orders, monitor response activity, and document resolution.

The City's current PublicStuff Pro subscription expires on September 16, 2026.

Accela has provided a renewal proposal for a one-year subscription beginning September 17, 2026, and ending September 16, 2027, at a total cost of $16,157.53.

Staff recommends the one-year renewal to ensure continuity of the myPorterville service while the City evaluates available CRM platforms and determines the most appropriate long-term solution for receiving, routing, tracking, and responding to community service requests. During the renewal period, staff will evaluate available CRM solutions to determine whether the City's current platform continues to provide the best combination of functionality, customer experience, integration capabilities, operational efficiency, and overall value.

Under the terms of the Renewal Order Form, subscriptions automatically renew annually following the subscription period. Additionally, software licenses, maintenance, and subscription purchases are non-cancelable and non-refundable. Staff will monitor the renewal period and provide timely notice of non-renewal should the City elect to transition to an alternative platform.

Item No. 3.

Funding in the amount of $16,157.53 is available within the Fiscal Year 2026- 2027 Community Promotions Budget, and no additional appropriation is required.

Approval of the one-year renewal will maintain uninterrupted access to myPorterville for residents and City staff while allowing the City sufficient time to evaluate its long-term CRM needs and determine the platform that provides the greatest operational and customer-service value.

RECOMMENDATION: That the City Council approve a one-year renewal with Accela, Inc. for PublicStuff Pro services supporting the myPorterville application for the period of September 17, 2026, through September 16, 2027, in an amount not to exceed $16,157.53, and authorize the City Manager or designee to execute the Renewal Order Form and any non-substantive documents
necessary to implement the agreement.

ATTACHMENTS: 1. Accela PublicStuff Pro Renewal Order Form Appropriated/Funded: Community Promotions Budget
Review By:

Department Director:

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

9110 Alcosta Blvd, Suite H #3030
San Ramon, CA, 94583
Proposed by: Caitlin Carter
Contact Phone: (925) 359 - 3411
Contact Email: [email protected]
Quote ID: Q-37559
Valid Through: 7/17/2026
Currency: USD
Renewal Order Form
Address Information
Bill To: Ship To:

Porterville Public Works Department, CA Porterville Public Works Department, CA 555 N. Prospect Street 555 N. Prospect Street
Porterville, California, 93257 Porterville, California93257 United States United States
Billing Name: Lori Halleck
Billing Phone: 559-782-7466
Billing Email: [email protected]
Services Year Start Date End Date Term
(Months) Price Qty Net Total
PublicStuff Pro Year 1 09/17/2026 09/16/2027 12 $16,157.53 1 $16,157.53 TOTAL: $16,157.53
Pricing Summary
Period Net Total
Year 1 $16,157.53
Total $16,157.53
Renewal Terms/Information:

1. Notwithstanding anything to the contrary, this Order Form for Subscription Services, Enhanced Reporting Database (ERD), and Managed Application Services (MAS) is governed by the applicable terms and conditions at Accela Terms (collectively, the “Agreement”)

2. No additional or conflicting terms or conditions stated in Customer’s order documentation, including, without limitation, purchase orders, will be incorporated into or form any part of this Order Form or the governing agreement, and all such terms or conditions will be null and void.

3. For Software Licenses, Accela may terminate this Order Form in the event the Software is phased out across Accela’s customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally-available offering with comparable functionality.

4. Subscriptions continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start

Date of Customer’s first Subscription purchase.

5. All Software Licenses, Maintenance, and Subscription purchases are non-cancelable and non-refundable.

6. Pricing is based upon payment by ACH and check. Payment by credit card (including Purchase Cards) for product and services in this Order Form will be subject to a service charge of 3%. There is no service charge for ACH or check payment.

7. Customer may purchase additional licenses at the same price and for the same term as the licenses in this Order Form. Additional licenses purchased in this way will have the same annual price applicable for the purchase period and will have the same uplift and term dates as Customer’s existing licenses.

Signatures
Accela, Inc. Customer
Signature: \signature2 {"size": "medium"}\ Signature: \signature1 {"size": "medium"}\ Print Name: \fullname2\ Print Name: \fullname1\
Title: \title2\ Title: \title1\
Date: \date2\ Date: \date1\
Item No. 4.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Authorization of Traffic Signal Upgrade at D Street and Morton Avenue SOURCE: Transportation
COMMENT: The traffic signal at the intersection of D Street and Morton Avenue is a critical component of the City's transportation network. The existing pavementembedded inductive loop detection system has experienced failures that prevent proper signal operation for two directions of travel and require corrective action.

Although replacing the damaged loops would restore signal operation, an additional approach to the intersection is currently under construction and several additional loops have been removed as part of that work. Rather than incur additional costs to replace pavement-embedded detection loops that are susceptible to damage during roadway construction and rehabilitation, staff recommends converting the intersection to the City's current video detection standard.

The proposed project includes replacement of the existing inductive loop detection system with video detection technology, new traffic signal cabinet components, a signal controller, video detection cameras, pedestrian push buttons, and related equipment necessary to modernize the intersection.

Converting the intersection to video detection will improve reliability, reduce future maintenance costs, eliminate the need for pavement cuts associated with loop replacement, and simplify future roadway rehabilitation projects.

The Econolite quotation includes a four-approach Autoscope Vision detection system, four video sensors, eight pedestrian push buttons, associated control equipment, and other traffic signal components.

Staff recommends purchasing the required equipment directly from Econolite on a sole-source basis to maintain compatibility and standardization with the City's existing traffic signal system. Econolite manufactures the City's existing traffic signal detection equipment, and its components are compatible with the City's current signal cabinets, controllers, software, and maintenance practices. Procuring equipment from another manufacturer could require modifications to existing infrastructure, increase maintenance complexity, and reduce standardization within the City's traffic signal network. Purchasing Item No. 4.
directly from Econolite also provides manufacturer support, warranty coverage, and continued compatibility with the City's existing system.

City Transportation staff will perform the installation using City forces, avoiding outside installation costs while allowing the intersection to be restored to full operation in a timely manner. The Econolite quotation also includes limited field-service support for detection system turn-on and commissioning.

Econolite has submitted a quotation in the amount of $65,678.18. The quotation includes estimated taxes and tariffs, and Econolite advises that actual tariff fees in effect at the time of shipment may vary from the amount included in the quotation. Staff therefore recommends a ten percent contingency to address unforeseen material costs, tariff adjustments, or other project-related costs, resulting in a total authorization not to exceed $72,246.

Funding for the project is available through the General Fund Reserve Deferred Maintenance Fund. The project will rehabilitate and modernize an existing City-owned transportation asset and is consistent with the intended purpose of the Deferred Maintenance Fund. Because reserve funding is being utilized, staff recommends adoption of the accompanying Resolution appropriating $72,246 for the project.

Staff recommends authorization of the traffic signal upgrade and sole-source purchase to restore reliable signal operation while modernizing the intersection to the City's current traffic signal detection standard.

RECOMMENDATION: That the City Council:

1. Adopt the attached Resolution appropriating $72,246 from the General Fund Reserve Deferred Maintenance Fund for the Traffic Signal Upgrade at D Street and Morton Avenue;

2. Authorize the sole-source purchase of traffic signal video detection system components and related equipment from
Econolite in an amount not to exceed $72,246, including a ten percent contingency; and

3. Authorize the City Manager or designee to execute any nonsubstantive documents necessary to complete the purchase and implement the project.

ATTACHMENTS: 1. Econolite Quote – D Street and Morton Avenue Traffic Signal Upgrade

2. Draft Resolution
Item No. 4.

Appropriated/Funded: General Fund Reserve Deferred Maintenance Fund Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

8/7/2026
To:

Item # Part Qty Description Tariff Price per Extended
1 STCAB3889 1 332 ANOD HYBRID PORTERVILLE NO

PHASE SELECTORS, NO LS
INCLUDES THE FOLLOWING:
1 332 CAB ALUM ANOD
1 FILTER PM 332 12 X 16 X 1
1 332 DUAL FAN PNL
2 CABINET LOCK, W/ SHIM AND GASKET
1 332 DRAWER
4 33X LED LIGHT ASSEMBLY
1 LED POWER SUPPLY ASSEMBLY
4 ANCHOR BOLT, 18 X 3/4 X 2.5,

GALVANIZED STEEL

DETECTION
1 DET RACK, 16 LOOP, TS2 W/EVP, RACK 2
1 PCA 16 LOOP DET INTERFA, TS2 D/AD

PLUG-INS
6 FLASH TRANSFER RELAY, COIL VOLTAGE
LED
1 MODULE, POWER SUPPLY, RACK,

MOUNT, SF
1 SMART MONITOR, MMU2-16LEip,

NEMA LCD MANAGEMENT UNIT
2 FLASHER, SOLID STATE, 170 SPEC,
SAFETRAN LABELING, EDI 204-SF

SUB-ASSEMBLIES
1 PDA HYBRID, SSR
3 HALF-WIDE, BUS INTF UNIT
1 CABLE, CCA1 CONTROLLER, TO POWER
BUSS
6 HARNESS, SDLC, DB 15, 6 FT
1 HARNESS, SDLC, DB, 15, 1 FT, 1 SHLD
1 PANEL, POWER/AUX, ACP340, 332
HYBRID
1 INPUT PANEL, 332 HYBRID
1 SERVICE PANEL, 332 HYBRID
1 CHASSIS, OUTPUT, LOADBAY, 16FPB,
33X HYBRID, 16 FPB
1 MANUAL SWITCH, SPST, 72" L,

RECTRACTABLE, COILED
$275.32 $17,027.00 $17,027.00
Bryan Searle
City of Porterville
Quote Name: Intersection Quote - Morton @ D
Project Reference:

Econolite Reference: Q-58222-A4FA
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

2 31095G12 12 LOAD SWITCH DUAL IND TSC MODEL 300
OI
$0.00 $58.10 $697.20
3 COBGRM2210000
0000000
1 COBALT G-SERIES RM 33X C1, JP4 POS 2-3
EOS, WITH PWR CORD, 8MB DATAKEY, NO
COMM
$184.26 $5,380.80 $5,380.80

AUTOSCOPE
VISION 4-

APPROACH

INTERSECTION
AUTOSCOPE VISION 4-APPROACH
INTERSECTION INCLUDES LINE ITEMS 4-9
$959.03 $25,620.00 $25,620.00
4 AVISION 4 SENSOR, VIDEO, VISION
5 205-1031-501
AMBKTM11S
4 ASSY, EASY BRACKET, AUTOSCOPE
6 1175-011 1,000 CABLE,ROUND,3 COND, 1000' 18

AWG,BLACK POLYETHYLENE JCKT
7 A700-1166-01
AVCM
1 ASSY, ACP, PRIMARY MODEL AVCM
8 33550G5 1 ASSY,CABLE, CNTRLR TO A/SCOPE TS2-
RS485
9 FSR-SVC-DET 1 DETECTION TURN-ON LABOR; INCLUDES 4

HOURS OF FSR SUPPORT
10 171-1369-502 1 ASSY, GPS, 16X, W/DB25 CABLE $1.59 $319.20 $319.20 11 Polara 2 Wire
iNS29VN1-G PPB
8 Polara 2 Wire iNS29VN1-G PPB $0.00 $713.73 $5,709.84
12 Polara 2 Wire
iCCU-S2 Shelf
Mount Control
Unit w/ICB &
Cables
1 Polara 2 Wire iCCU-S2 Shelf Mount
Control Unit w/ICB & Cables
$0.00 $4,063.33 $4,063.33
Subtotal $58,817.37
Shipping & Handling*
Taxes** $5,440.61
Tariffs** $1,420.20
TOTAL $65,678.18
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

Any tariff amount shown is an estimate of the tariff fee based on information available as of today’s date.

Econolite will pass through all tariff fees in effect at the time of shipment, which may be different from the tariff amount set forth herein and on the order acknowledgment.

Unless specifically requested by the customer and noted on this quotation, the product(s) quoted herein may not comply with any BABA Act (Build America/Buy America) requirements.

Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law.

Quote Valid For Days: 60
FOB: Origin
Terms: NET30
*Ship Terms: PPD
**Taxes and Tariffs Estimated (if included)
Corey Kelly
Corey Kelly, Senior Account Executive
Mobile: 714-273-4912
[email protected]
Shipping Date: To be determined at time of receipt of order 1 RESOLUTION NO. ___-2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE GENERAL FUND

RESERVE DEFERRED MAINTENANCE FUND FOR THE TRAFFIC SIGNAL UPGRADE

AT D STREET AND MORTON AVENUE
WHEREAS, the traffic signal at the intersection of D Street and Morton Avenue is an existing City-owned transportation asset that requires modernization to improve traffic operations, reliability, and public safety; and
WHEREAS, the existing pavement-embedded inductive loop detection system has experienced failures that prevent proper signal operation for two directions of travel, and additional detection loops have been removed as part of ongoing roadway construction; and WHEREAS, the City proposes to modernize the intersection by replacing the existing inductive loop detection system with video vehicle detection technology and installing a signal controller, traffic signal cabinet components, pedestrian push buttons, and related equipment necessary to improve the operation and reliability of the intersection; and WHEREAS, the City Council has determined that the project is consistent with the purpose and intent of the General Fund Reserve Deferred Maintenance Fund by rehabilitating and upgrading existing City-owned transportation infrastructure.

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

1. The City Council finds that the Traffic Signal Upgrade at D Street and Morton Avenue is within the intent and purpose of the General Fund Reserve Deferred Maintenance Fund.

2. The City Council hereby approves and authorizes the appropriation of $72,246 from the General Fund Reserve Deferred Maintenance Fund for the Traffic Signal Upgrade at D Street and Morton Avenue.

PASSED, APPROVED AND ADOPTED this 18th day of August, 2026. _____________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: __________________________________________
Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 5.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Approval of Retirement and Sale of Police Facilities Dog SOURCE: Police
COMMENT: In September 2023, the City of Porterville purchased Bodie, a Yellow Labrador Retriever, for use as a Police Facilities Dog. Bodie is four years old and has served the Police Department for the majority of his life.

As an administrative decision, the Police Department is discontinuing the Police Facilities Dog Program and retiring Bodie from active service. During his service, Bodie provided valuable support by promoting employee wellness, assisting during stressful and traumatic incidents, and fostering positive interactions within the workplace and community.

Upon retirement, staff recommends transferring ownership of Bodie to his longtime handler, Melinda Rios. Due to their established handler relationship and Ms. Rios' familiarity with Bodie's care, temperament, and needs, staff believes transferring ownership to Ms. Rios is in Bodie's best interest.

Under the proposed Canine Purchase Agreement, Ms. Rios will purchase Bodie from the City for $1.00. The City will also transfer Bodie's existing kennel and carrier to Ms. Rios at no additional cost.

Upon transfer of ownership, Ms. Rios will assume full responsibility for Bodie's care, maintenance, food, housing, medical needs, expenses, and liability. Bodie will be transferred in his current condition, and the City will have no further responsibility for his care following completion of the transfer. The Purchase Agreement also includes release and indemnification provisions related to Ms.

Rios' ownership and control of Bodie.

Staff recommends approval of Bodie's retirement and sale to Ms. Rios and authorization for the Mayor to execute the Canine Purchase Agreement.

RECOMMENDATION: That the City Council:

1. Approve the retirement and sale of Police Facilities Dog Bodie to employee Melinda Rios for $1.00, including the transfer of Item No. 5.

Bodie's existing kennel and carrier at no additional cost; and

2. Authorize the Mayor to execute the Canine Purchase
Agreement and any related documents necessary to complete the transfer of ownership.

ATTACHMENTS: 1. Canine Purchase Agreement – Bodie
Appropriated/Funded: Not Applicable
Review By:

Department Director:

Bobby Rader, Interim Chief of Police
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk 1 City of Porterville
Canine (K-9) Purchase Agreement
This Agreement is entered into between the City of Porterville (“City”) and Melinda Rios (“Employee”) with reference to the following findings:

A. Employee is assigned to the Administrative Services Division and has served as the handler for the City’s Police Facilities Dog, Bodie.

B. In connection with her assignment as Bodie’s handler, Employee has had the care, custody, and control of Bodie. Because of the significant amount of time a handler spends with a canine partner, a strong mutual bond has developed between Employee and Bodie. Bodie has received specialized training related to his role as a Police Facilities Dog and has developed an established working relationship with Employee.

C. The Police Department has made the administrative decision to discontinue the Police Facilities Dog Program, and Bodie will be retired from active service. During his service, Bodie provided valuable support by promoting employee wellness, assisting during stressful and traumatic incidents, and fostering positive interactions within the workplace and the community. In recognition of his dedicated service, the Department recommends formally retiring Bodie and transferring ownership to Employee.

D. Based on the findings set forth above, the City desires to sell Bodie to Employee pursuant to the terms of this Agreement.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. SALE AND TRANSFER OF OWNERSHIP
The City hereby sells and transfers ownership of Bodie to Employee for the sum of one dollar ($1.00).

The City shall also transfer Bodie’s existing kennel and carrier to Employee at no additional cost.

Upon execution of this Agreement and payment of the purchase price, Employee shall become the sole owner of Bodie and the transferred property.

2. ASSUMPTION OF RESPONSIBILITY
Employee accepts Bodie in his current condition and agrees to assume full responsibility for his care, custody, maintenance, securing, food, housing, veterinary care, medical needs, and all other costs and expenses associated with his ownership.

Following transfer of ownership, the City shall have no further responsibility for Bodie’s care, 2 maintenance, health, medical treatment, housing, or expenses.

Employee acknowledges that the City has made no representations or warranties regarding Bodie’s present or future health, temperament, condition, personality, character, or behavior and accepts Bodie “as is.”
Employee further acknowledges that the behavior, health, temperament, or personality of any animal may change over time and assumes all risks associated with Bodie’s ownership, possession, care, and behavior, including any risk of injury or property damage arising from Bodie’s actions.

3. RELEASE, HOLD HARMLESS, AND INDEMNIFICATION
To the fullest extent permitted by law, Employee agrees to release, defend, indemnify, and hold harmless the City of Porterville, its officers, officials, employees, agents, and volunteers from and against any and all claims, causes of action, liabilities, losses, damages, obligations, judgments, costs, or expenses, including reasonable attorney fees and litigation costs, arising out of or related to Employee’s ownership, possession, custody, care, or control of Bodie following transfer of ownership.

This obligation includes claims or damages arising from Bodie’s actions or behavior, or from Employee’s acts or omissions relating to Bodie, except to the extent any loss or damage is caused by the sole negligence or willful misconduct of the City.

4. WAIVER
Employee knowingly and voluntarily waives any claim she may have, on behalf of herself and her heirs, assigns, or successors, against the City arising out of or relating to her ownership, possession, custody, care, or control of Bodie following transfer of ownership, except as otherwise prohibited by law.

5. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties concerning the sale and transfer of Bodie and supersedes any prior oral or written representations concerning the subject matter of this Agreement.

This Agreement may be amended only by a written agreement signed by both parties.

6. EFFECTIVE DATE
This Agreement shall become effective upon execution by both parties and payment by Employee of the purchase price.

Date:
3 EMPLOYEE
Melinda Rios

CITY OF PORTERVILLE
Greg Meister, Mayor
Item No. 6.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Authorization to Join the Protect Public Funds Coalition in Support of Comprehensive Tort Reform
SOURCE: Transportation
COMMENT: The City's Transit Division participates in the California Transit Indemnity Pool (CalTIP) for liability coverage and risk-management services. On July 27, 2026, CalTIP's program administrator notified member agencies of a coordinated statewide effort led by the California Association of Joint Powers Authorities (CAJPA) to advocate for comprehensive tort reform affecting California public agencies. CalTIP encouraged its member agencies to seek direction from their governing boards and consider joining the Protect Public Funds Coalition.

According to CAJPA, public-entity liability costs have tripled over the past seven years, exceeding $7 billion in known exposure, and are projected to increase an additional 70 percent by Fiscal Year 2027-28. CAJPA maintains that increasing liability costs are affecting public-agency risk pools and the insurance market and can ultimately divert public resources from essential programs and services.

The Protect Public Funds Coalition includes the League of California Cities and numerous cities, counties, school districts, joint powers authorities, and other public agencies. The coalition is advocating for reforms addressing three principal areas: limitations on damages against public entities, proportional allocation of economic damages based on responsibility, and enhanced evidentiary and procedural standards for certain older claims where evidence may no longer be available.

The coalition states that these reforms are intended to balance appropriate compensation and access to the courts with the long-term financial sustainability of public agencies and protection of taxpayer-funded public services. This issue is relevant to the City because the Transit Division participates in CalTIP and is directly affected by the broader public-agency riskpooling and insurance environment.

Joining the coalition does not require a financial contribution or otherwise commit City funds. Participation would authorize the inclusion of the City of Item No. 6.

Porterville's name and logo on the coalition letter and add the City's voice to the statewide discussion regarding public-entity liability reform.

RECOMMENDATION: That the City Council authorize the City of Porterville to join the Protect Public Funds Coalition in support of comprehensive tort reform for civil actions against public entities; authorize the inclusion of the City's name and logo on the coalition's June 19, 2026 letter to the California State Legislature; and authorize the City Manager or designee to take the administrative actions necessary to communicate the City's support to the coalition.

ATTACHMENTS: 1. Protect Public Funds Coalition Letter – June 19, 2026 Appropriated/Funded: Not Applicable
Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 7.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Approval of Joint Funding Agreement with Burton School District for a School Resource Officer
SOURCE: Police
COMMENT: The Porterville Police Department and Burton School District have an established partnership to provide a School Resource Officer (SRO) to support a safe and secure learning environment for students, faculty, and staff. Burton School District has agreed to continue its cost-sharing partnership with the City for the 2026-2027 school year. The proposed Joint Funding Cooperative Agreement has a one-year term beginning July 1, 2026, and ending June 30, 2027.

Under the proposed agreement, the City will provide one sworn Police Officer to serve as the SRO beginning with the school year in August 2026 through June 2027. The SRO will respond to reports of criminal activity and other activities threatening the safety and security of students at Burton School District campuses located within the City's geographical limits, as well as Summit Charter Collegiate Academy, Summit Charter Intermediate Academy, and Lombardi Elementary School. The SRO may also assist with other highpriority Police Department needs when determined necessary by the on-duty supervisor.

The Police Department will remain responsible for selecting the officer assigned as the SRO, including an acting SRO when the designated officer is unavailable. The SRO will remain a City employee under the direction and control of the Police Department.

The maximum estimated salary and benefit cost for one SRO during the term of the agreement is $123,000. Under the proposed cost-sharing arrangement, Burton School District will fund 65% of the actual salary and benefit costs, up to $79,950, and the City will fund the remaining 35%, up to $43,050. The City will also be responsible for approximately $13,000 in ancillary costs, resulting in an estimated total City contribution of $56,050.

Burton School District will reimburse the City based on actual salary and benefit costs, excluding ancillary costs, up to the District's maximum Item No. 7.
contribution of $79,950. Payment will be made pursuant to invoices issued by the City, with the full District contribution due no later than the end of the City's fiscal year on June 30, 2027.

The SRO program provides a dedicated law enforcement presence within the school community while supporting crime prevention, student and staff safety, and positive interaction between students and law enforcement. In addition to responding to criminal activity, the SRO serves as a resource to students, parents, teachers, and school staff on law enforcement-related matters and works collaboratively with school administrators to promote a safe learning environment.

Security services requested outside the SRO's regular work schedule, including after-school events requiring overtime, are not included in the cost-sharing arrangement and will be separately billed to Burton School District in accordance with applicable City rates.

Funding for the City's share of the SRO program is available within the Police Department's adopted Fiscal Year 2026-27 Operating Budget. Staff recommends continuation of the partnership with Burton School District and approval of the proposed Joint Funding Cooperative Agreement.

RECOMMENDATION: That the City Council:

1. Approve the Joint Funding Cooperative Agreement with Burton School District for one School Resource Officer for the period of July 1, 2026 through June 30, 2027; and

2. Authorize the City Manager or designee to execute the agreement and any related documents necessary to effectuate the agreement.

ATTACHMENTS: 1. Joint Funding Cooperative Agreement with Burton School District – 2026-2027
Appropriated/Funded: Police Department FY 2026-27 Operating Budget Review By:

Department Director:

Bobby Radar, Interim Chief of Police
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk 1 JOINT FUNDING COOPERATIVE AGREEMENT
This Agreement is entered into as of July 1, 2026, by and between the CITY OF PORTERVILLE ("CITY" or "DEPARTMENT"), and the BURTON SCHOOL DISTRICT ("BSD" or "DISTRICT") (each a "Party," and collectively, the "Parties"), with reference to the following:

A. The Parties wish to continue efforts to create and maintain a safe environment for children attending school campuses in the City of Porterville, and the Parties believe this is vital to the educational process.

B. The Parties desire to share in the costs of supplying a School Resource Officer (SRO) to respond to reports from BSD officials concerning criminal and other activities occurring on the BSD campuses that jeopardize the safety and security of the children attending these schools.

C. The Parties are willing to enter into this Agreement on the terms and conditions set forth below:

ACCORDINGLY, IT IS AGREED:

TERMS AND CONDITIONS

1. Term
The term of this Agreement shall be for one year, commencing on July 1, 2026, and ending on June 30, 2027.

2. Scope of Services
The CITY shall provide one sworn police officer to act as a School Resource Officer effective at the beginning of the school year, August 2026, and concluding at the end of the school year, June 2027. The SRO shall respond to school reports of criminal activity or other activity threatening the safety and security of children occurring on BSD school campuses located within the CITY's geographical limits, as well as Summit Charter Collegiate Academy, Summit Charter Intermediate Academy, and Lombardi Elementary School. The guidelines and expectations of the SRO program are attached as Exhibit A. Nothing in this agreement prohibits the SRO from assisting other law enforcement officers when necessary due to highpriority needs of the DEPARTMENT as determined by the on-duty supervisor. 2 3. Selection and Personnel
The DEPARTMENT will be responsible for selecting which DEPARTMENT employee will serve as the SRO, or the acting SRO for days when the designated SRO may be on leave, absent for training, or otherwise not available.

4. Estimated Cost
The maximum estimated salary and benefit cost for an SRO during the term of this Agreement is $123,000. This does not include any ancillary costs or overtime costs.

5. Cost Allocation
One SRO shall be assigned to the BSD, and the salary and benefit costs for the one SRO shall be divided as follows: The CITY shall pay 35% of the salary and benefits cost, as well as all ancillary costs; BSD shall pay the remaining 65% in salary and benefits costs.

6. City Contribution
Based on the formula above, for this term, the CITY shall contribute up to $43,050 to the SRO position. This represents 35% of the maximum estimated costs of salary and benefits for the position, plus approximately $13,000 in ancillary costs.

7. District Contribution
Based on the formula above, for this term, BSD shall contribute up to, but no more than, $79,950 for one SRO position. This represents 65% of the maximum estimated salary and benefits costs ($123,000).

8. Invoicing and Payment
The amounts to be contributed by BSD shall be due and payable as follows: BSD shall pay the amount as invoiced by the CITY, on an annual basis, of the actual costs (excluding ancillary) but no more than the contribution amounts specified above, within thirty (30) days of receiving said invoice(s). The full contribution amounts shall be paid by the end of the CITY's fiscal year (June 30, 2027).

9. Funding Discontinuation
It is understood and agreed that if the funding is either discontinued or reduced for specified positions, any Party shall have the right to terminate this Agreement. In such event, the affected Party shall provide the other Party(ies) with at least sixty (60) days' prior written notice of such termination.

10. Employment Status
It is mutually understood and agreed that the SRO at all times while carrying out this Agreement shall be acting as a CITY employee. The CITY shall retain the right to control and direct the services of the SRO pursuant to this Agreement, and shall retain the usual 3 management rights, powers, and authority of an employer over such employees. The CITY will make every effort to ensure that scheduling of vacation leaves and training sessions for the SRO are made with consideration of the needs of the DISTRICT.

11. Student Discipline
The certificated administrators of each school shall be responsible for student discipline and shall make all decisions regarding the imposition of discipline for students enrolled at their campus.

12. Student Records and Information Sharing
The parties agree that the SRO shall be deemed to be a school official for the performance of SRO's duties on behalf of the DISTRICT. The SRO shall therefore be allowed access to student records, but the DISTRICT is in direct control of the use, maintenance, and disclosure of student records in accordance with Education Code section 49076 and other applicable provisions of law. School officials shall allow the SRO to inspect and copy any student records maintained by the school for which the SRO has a "legitimate educational interest" within the scope of the SRO's service under this Agreement. This includes access to student directory information to the extent permitted by DISTRICT policy, classroom assignments, attendance records, and discipline files. However, the SRO may not inspect or copy confidential student records outside the scope of the SRO's service, except as allowed by law.

If confidential student record information is needed in an emergency to protect the health or safety of a student or others, the DISTRICT may disclose to the SRO information that is needed to respond to the emergency situation based on the seriousness of the threat to someone's health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence.

If confidential student record information is needed by the SRO but no emergency situation exists, the information may be released only upon the issuance of a subpoena, a court order, or written authorization of the parent/guardian.

Pursuant to Education Code section 48902, the principal or designee shall notify the SRO of any acts of a student that may violate specified provisions of the Penal Code and Education Code. This may require the disclosure of the student's name or other identifying information to the SRO, along with information related to the underlying offense.

13. Non-Discrimination
Neither the DISTRICT nor the CITY shall discriminate because of race, religion, color, national origin, disability, marital status, age, or sex against any person by refusing any person or privilege offered to or engaged by the general public.

14. Indemnity
The DISTRICT shall indemnify, defend, and hold harmless the CITY, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, 4 expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees, and prevailing party fees and cost) of every nature arising out of or in connection with the SRO's performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the CITY, or the gross or willful misconduct of the assigned officer.

The CITY shall indemnify, defend, and hold harmless the DISTRICT, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees, and prevailing party fees and cost) of every nature arising out of the active negligence by the CITY or the gross or willful misconduct of the assigned officer during the performance of work hereunder.

If the DISTRICT rejects a tender of defense by the CITY and/or the assigned officer under this Agreement, and it is later determined that the CITY and/or the officer breached no duty of care and/or was immune from liability, the DISTRICT shall reimburse the CITY and/or officer for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees, and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the CITY and/or officer settles a liability claim, with or without participation by the DISTRICT.

The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the CITY or its assigned officer that they would not owe in the absence of the Agreement.

The Agreement does not create an affirmative duty of care (including, without limitation, a duty to protect, a duty to deter, and/or a duty to intervene) by the CITY or the assigned officer, and the absence of the assigned officer and/or patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement, neither the CITY nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.

15. Insurance Requirements
This agreement shall not be executed by the City, and BSD is not entitled to any rights hereunder, unless certificates of insurance and letter of endorsement that the following provisions have been complied with, are filed with the City. BSD shall obtain and maintain General Liability Insurance, with limits no less than Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. The certificate of insurance shall be accompanied by an Additional Insured Endorsement, including the City of Porterville, its officers, officials, agents, employees and volunteers as additional insureds. 5 16. Notices
Except as otherwise required by law, any notice to be given shall be in writing and shall be either personally delivered, sent by facsimile transmission, or sent by first-class mail, postage prepaid, and addressed as follows:

CITY:

City Clerk of the City of Porterville
291 N. Main Street, Porterville, CA 93257
Phone: 559-782-7442
Fax: 559-782-7452
Burton School District:
264 N. Westwood Street, Porterville, CA 93257
Phone: 559-781-8020
Fax: 559-781-1403
Notice personally delivered is effective when delivered. Notice sent by facsimile transmission shall be deemed received upon successful transmission. Notice sent by first-class mail shall be deemed received on the fifth day after mailing. Any Party may change the above address, phone number, or fax number by giving written notice pursuant to this paragraph.

ADMINISTRATIVE PROVISIONS
a. Amendments: No modification, amendment, or addendum to this Agreement shall be valid unless it is set forth in writing and is signed by the parties. b. Termination:
• i. The right to terminate this Agreement under this provision may be exercised without prejudice to any other right or remedy to which the terminating Party may be entitled to by law or under this Agreement.
o 1. This Agreement may be terminated by any Party should another Party:
 a. Be adjudged bankrupt,
 b. Become insolvent or have a receiver appointed,
 c. Make a general assignment for the benefit of creditors,  d. Suffer any judgment which remains unsatisfied for 30 days and which would substantively impair the ability of the judgment debtor to perform under this Agreement, or
 e. Materially breach this Agreement.
o 2. For any occurrences except item (e), termination may be effected upon written notice by the terminating Party specifying the date of termination, with at least sixty (60) days' advance written notice.
o 3. Upon a material breach, the Agreement may be terminated following the failure of the defaulting Party to remedy the breach to the satisfaction of the non-defaulting Party(ies) within five (5) days of written notice specifying the breach. If the breach is not remedied within the five (5) day period, the non- 6 defaulting Party may terminate the Agreement on further written notice specifying the date of termination.
o 4. If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting Party may submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting Party(ies) consent to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting Party shall immediately embark on its plan to cure. If the default is not cured within the time agreed upon, the nondefaulting Party(ies) may terminate upon written notice specifying the date of termination.
• ii. Effects of Termination: Termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports or pre-termination contract activities.
c. Entire Agreement: This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the CITY shall be a person specifically authorized by the legislative body of the CITY to execute this Agreement, at the level of City Manager or City Attorney or equivalent.
d. Construction and Interpretation: This Agreement reflects the contributions of all Parties and accordingly the provisions of Civil Code Section 1654 shall not apply to address and interpret any uncertainty.
e. Third-Party Beneficiaries: Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
f. Waiver: The failure of any Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for the breach or any subsequent breach. The acceptance by any Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by any other Party.
g. Severability: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either Party is lost, the Agreement may be terminated at the option of the affected Party.
h. Further Assurances: Each Party agrees to execute any additional documents and to perform any further acts that may be reasonably required to effect the purposes of this Agreement.
7 i. Future Intent: It is expected that this agreement will continue into the coming years. In June of each year of the agreement, the Chief of Police and the Burton School District Superintendent, or their designees, shall convene a meeting to discuss the activities of the SRO during the previous school year. If the agreement is continued, the Chief of Police shall provide the new salary and benefits costs for the position, and the new agreement will indicate the amount of funding each party shall be responsible for.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CITY OF PORTERVILLE:
________________________
Bobby Rader, Chief of Police
BURTON SCHOOL DISTRICT:
_________________________
David Shimer, Superintendent
8 EXHIBIT A

GUIDELINES AND EXPECTATIONS OF THE SCHOOL RESOURCE OFFICER

PROGRAM
The School Resource Officer Program is a collaborative effort by the Porterville Police Department and the Porterville Unified School District focused on preventing juvenile delinquency, maintaining a safe school environment, and providing a positive law enforcement presence in the school community. This effort will help bridge the gap between law enforcement officers and students in order to increase positive attitudes toward law enforcement, and reduce juvenile crime.

The exclusive focus on the physical and social territory of the school is an important aspect of the SRO program. Unlike law enforcement officers who respond to school problems as a result of calls for service or 911 calls by school personnel, the SRO knows the school's physical layout and is aware of who belongs on school property and who does not.

School Resource Officers have two main functions: law enforcement officer and advisor. • As a law enforcement officer, the SRO maintains a safe and secure school environment in which "teachers feel safe to teach and students feel safe to learn." • As an advisor, the SRO acts as an advisor to students, parents, teachers, and staff on the law, delinquency, violence, substance abuse, child abuse, and other law enforcement-related issues.

The SRO may talk to students, parents, teachers, administrators, and staff about problems and concerns they may have, and help them find possible solutions through referrals to counselors or appropriate social service or legal agencies for additional support and assistance.

The most effective way an SRO can accomplish these functions is to be a positive role model and mentor. Students learn from every interaction they may have with an SRO. It is essential for an SRO to be a positive role model who endorses high moral standards, exercises good judgment and discretion, is consistent and fair, respects students, and displays a sincere concern for the school community.

School Resource Officers must maintain a professional appearance, be visible, accessible, and willing to talk to students. The SRO shall attend and participate in school activities, interact positively with students and the community, and take their concerns seriously while maintaining a supportive and positive relationship with faculty and school administrators.

The SRO is an extension of his/her agency as well as the school principal's office, as the officer's duties are comprised of both law enforcement and education. The SRO reports to both his/her agency commander and the school principal. Although the SRO will not serve as a disciplinarian, and disciplining students will remain the responsibility of the school faculty and administrators. The SRO will serve as a means for establishing cooperation, order, and 9 safety so that learning can take place. This does not prevent the SRO from taking action in his/her official capacity.

Core Duties and Expectations
Duties and expectations of the SRO shall include, but not be limited to the following:
• To protect lives and property for the citizens and public school students. • To enforce Federal, State, and Local criminal laws and ordinances, and to assist school officials with the enforcement of Board of Education Policies and Administrative Regulations regarding student conduct.
• To investigate criminal activity committed on or adjacent to school property. • To counsel public school students in special situations, such as students suspected of engaging in criminal misconduct, when requested by the principal or the principal's designee or by the parents of the student.
• To assist other law enforcement officers with outside investigations concerning students attending the school(s) to which the SRO is assigned. • To provide security for special school events or functions, such as PTA meetings, at the request of the principal or other school official.
• To prevent juvenile delinquency through close contact with students and school personnel.
• To establish a liaison with school principals, faculty, and students. • To inform the students of their rights and responsibilities as lawful citizens. • To provide a liaison between students and social agencies which provide needed services.
• To participate in campus activities when invited and feasible. • To be aware at all times of the responsibility to improve the image of the uniformed law enforcement officer in the eyes of the students and the community. • To confer with the principal to develop plans and strategies to prevent and/or minimize dangerous situations on or near the campus or involving students at school-related activities.

Item No. 8.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Authorization to Set Public Hearing for Implementation of Assembly Bill 1572 Nonfunctional Turf Requirements
SOURCE: Public Works
COMMENT: In October 2023, the California Legislature enacted Assembly Bill 1572 (AB 1572), which added Chapter 2.5 to the California Water Code and established statewide restrictions on the use of potable water to irrigate nonfunctional turf on specified properties.

AB 1572 requires public water systems, no later than January 1, 2027, to revise their regulations, ordinances, or policies governing water service to incorporate the State's nonfunctional turf irrigation requirements. Public water systems must also communicate the applicable requirements to their customers on or before that date.

Generally, nonfunctional turf consists of turf that does not serve a recreational or community-use purpose. State law specifically includes turf located within street rights-of-way and parking lots within the definition of nonfunctional turf. Functional turf includes turf located in recreational-use areas or community spaces.

The State-established implementation schedule is as follows:
• January 1, 2027: Properties owned by local governments, local or regional public agencies, and public water systems, except qualifying properties located in disadvantaged communities.
• January 1, 2028: Commercial, industrial, and other institutional properties.
• January 1, 2029: Common areas of homeowners' associations, common interest developments, and community service organizations or similar entities.
• January 1, 2031, or when a State funding source becomes available, whichever is later: Properties owned by local governments, local public agencies, and public water systems located in disadvantaged communities.

Item No. 8.

The prohibition does not apply to turf located on individual residential properties. AB 1572 also permits continued potable water irrigation to the extent necessary to maintain the health of existing trees and other perennial nonturf plantings or to address an immediate health and safety need.

Cemeteries are excluded from the commercial, industrial, and institutional property prohibition.

To comply with AB 1572, staff is preparing an ordinance amending Title 25 of the Porterville Municipal Code to incorporate the State requirements and provide the administrative authority necessary for local implementation and enforcement. State law authorizes public water systems, cities, counties, and cities and counties to enforce the nonfunctional turf requirements.

Staff recommends setting a public hearing for September 1, 2026, at which the City Council will consider introduction of the proposed ordinance. Following adoption of the implementing ordinance, staff will undertake the customer notification and administrative actions necessary to meet the January 1, 2027 State compliance deadline.

RECOMMENDATION: That the City Council:

1. Set a public hearing for September 1, 2026, to consider introduction of an ordinance amending Title 25 of the Porterville Municipal Code to implement Assembly Bill 1572 requirements regarding the use of potable water to irrigate nonfunctional turf; and

2. Authorize staff to publish and provide all notices required by applicable law.

ATTACHMENTS: 1. Assembly Bill 1572

2. AB 1572 - Understanding the New Law on Water Use and Nonfunctional Turf
Appropriated/Funded: Not Applicable
Review By:

Department Director:

Robert Alvarez, Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Assembly Bill No. 1572
CHAPTER 849
An act to amend Sections 10540, 10608.12, and 10608.22 of, to add Section 110 to, and to add Chapter 2.5 (commencing with Section 10608.14) to Part 2.55 of Division 6 of, the Water Code, relating to water. [Approved by Governor October 13, 2023. Filed with Secretary of State October 13, 2023.]
legislative counsel’s digest
AB 1572, Friedman. Potable water: nonfunctional turf.
(1)  Existing law establishes various state water policies, including the policy that the use of water for domestic purposes is the highest use of water.

This bill would make legislative findings and declarations concerning water use, including that the use of potable water to irrigate nonfunctional turf is wasteful and incompatible with state policy relating to climate change, water conservation, and reduced reliance on the Sacramento-San Joaquin Delta ecosystem. The bill would direct all appropriate state agencies to encourage and support the elimination of irrigation of nonfunctional turf with potable water.
(2)  Existing law, the Integrated Regional Water Management Planning Act, authorizes a regional water management group to prepare and adopt an integrated regional water management plan in accordance with specified requirements, including, among other things, the identification and consideration of the water-related needs of disadvantaged communities in the area within the boundaries of the plan.

This bill would additionally require an integrated regional water management plan to address the identification and consideration of the water-related needs of owners and occupants of affordable housing, including the removal and replacement of nonfunctional turf.
(3)  Existing law provides various findings and declarations of the Legislature related to sustainable water use and demand reduction. Existing law imposes various water use reduction requirements that apply to urban retail water suppliers, including a requirement that the state achieve a 20% reduction in urban per capita water use by December 31, 2020.

This bill would prohibit the use of potable water, as defined, for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities, as specified. The bill would authorize the State Water Resources Control Board to create a form for compliance certification and would require owners of covered properties to certify their compliance, as specified. The bill would authorize a public

90 water system, city, county, or city and county to enforce these provisions, as specified. The bill would require the Governor’s Office of Business and Economic Development to support small and minority-owned businesses that provide services that advance compliance with these provisions.

The people of the State of California do enact as follows:

SECTION 1. Section 110 is added to the Water Code, to read:
110. (a)  The Legislature hereby finds and declares all of the following:
(1)  The use of potable water to irrigate nonfunctional turf is wasteful and incompatible with state policy relating to climate change, water conservation, and reduced reliance on the Sacramento-San Joaquin Delta ecosystem. (2)  The Governor reported in August 2022 that climate change will bring significant enduring reductions in California’s water supply and that the state must take steps to respond to this reality.
(3)  The State of Nevada enacted AB 356 in 2021 to prohibit the use of Colorado River water to irrigate nonfunctional turf on all properties except single-family residences by January 1, 2027.
(b)  It is the intent of the Legislature that the irrigation of grasses for agricultural production shall not be limited by requirements to eliminate the use of potable water to irrigate nonfunctional turf. (c)  The Legislature hereby directs all appropriate state agencies to encourage and support the elimination of irrigation of nonfunctional turf with potable water.

SEC. 2. Section 10540 of the Water Code is amended to read:
10540. (a)  A regional water management group may prepare and adopt an integrated regional water management plan in accordance with this part. (b)  A regional water management group may coordinate its planning activities to address or incorporate all or part of any of the following actions of its members into its plan:
(1)  Groundwater management planning pursuant to Part 2.75 (commencing with Section 10750), groundwater sustainability planning pursuant to Part 2.74 (commencing with Section 10720), or other specific groundwater management authority.
(2)  Urban water management planning pursuant to Part 2.6 (commencing with Section 10610).
(3)  The preparation of a water supply assessment required pursuant to Part 2.10 (commencing with Section 10910).
(4)  Agricultural water management planning pursuant to Part 2.8 (commencing with Section 10800).
(5)  City and county general planning pursuant to Section 65350 of the Government Code.
(6)  Stormwater resource planning that is undertaken pursuant to Part 2.3 (commencing with Section 10560).
90 Ch. 849 — 2 —
(7)  Other water resource management planning, including flood protection, watershed management planning, and multipurpose program planning.
(c)  At a minimum, all plans shall address all of the following:
(1)  Protection and improvement of water supply reliability, including identification of feasible agricultural and urban water use efficiency strategies.
(2)  Identification and consideration of the drinking water quality of communities within the area of the plan.
(3)  Protection and improvement of water quality within the area of the plan, consistent with the relevant basin plan.
(4)  Identification of any significant threats to groundwater resources from overdrafting.
(5)  Protection, restoration, and improvement of stewardship of aquatic, riparian, and watershed resources within the region.
(6)  Protection of groundwater resources from contamination. (7)  Identification and consideration of the water-related needs of disadvantaged communities and owners and occupants of affordable housing, including the removal and replacement of nonfunctional turf, as defined in Section 10608.12, in the area within the boundaries of the plan. (d)  This section does not obligate a local agency to fund the implementation of any project or program.

SEC. 3. Section 10608.12 of the Water Code is amended to read:
10608.12. Unless the context otherwise requires, the following definitions govern the construction of this part:
(a)  “Affordable housing” has the same meaning as defined in Section 34191.30 of the Health and Safety Code.
(b)  “Agricultural water supplier” means a water supplier, either publicly or privately owned, providing water to 10,000 or more irrigated acres, excluding recycled water. “Agricultural water supplier” includes a supplier or contractor for water, regardless of the basis of right, that distributes or sells water for ultimate resale to customers. “Agricultural water supplier” does not include the department.
(c)  “Base daily per capita water use” means any of the following:
(1)  The urban retail water supplier’s estimate of its average gross water use, reported in gallons per capita per day and calculated over a continuous 10-year period ending no earlier than December 31, 2004, and no later than December 31, 2010.
(2)  For an urban retail water supplier that meets at least 10 percent of its 2008 measured retail water demand through recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier, the urban retail water supplier may extend the calculation described in paragraph (1) up to an additional five years to a maximum of a continuous 15-year period ending no earlier than December 31, 2004, and no later than December 31, 2010.
(3)  For the purposes of Section 10608.22, the urban retail water supplier’s estimate of its average gross water use, reported in gallons per capita per 90 — 3 — Ch. 849
day and calculated over a continuous five-year period ending no earlier than December 31, 2007, and no later than December 31, 2010. (d)  “Baseline commercial, industrial, and institutional water use” means an urban retail water supplier’s base daily per capita water use for commercial, industrial, and institutional users.
(e)  “CII water use” means water used by commercial water users, industrial water users, institutional water users, and large landscape water users.
(f)  “Commercial water user” means a water user that provides or distributes a product or service.
(g)  “Common area” means that portion of a common interest development or of a property owned or managed by a homeowners’ association or a community service organization or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within the property.
(h)  “Common interest development” has the same meaning as in Section 4100 of the Civil Code.
(i)  “Community service organization or similar entity” has the same meaning as in Section 4110 of the Civil Code.
(j)  “Community space” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings. (k)  “Compliance daily per capita water use” means the gross water use during the final year of the reporting period, reported in gallons per capita per day.
(l)  “Disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.
(m)  “Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf.
(n)  “Gross water use” means the total volume of water, whether treated or untreated, entering the distribution system of an urban retail water supplier, excluding all of the following:
(1)  Recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier. (2)  The net volume of water that the urban retail water supplier places into long-term storage.
(3)  The volume of water the urban retail water supplier conveys for use by another urban water supplier.
(4)  The volume of water delivered for agricultural use, except as otherwise provided in subdivision (f) of Section 10608.24.
(o)  “Homeowners’ association” means an “association” as defined in Section 4080 of the Civil Code.
(p)  “Industrial water user” means a water user that is primarily a manufacturer or processor of materials as defined by the North American 90 Ch. 849 — 4 —
Industry Classification System code sectors 31 to 33, inclusive, or an entity that is a water user primarily engaged in research and development. (q)  “Institutional water user” means a water user dedicated to public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions.
(r)  “Interim urban water use target” means the midpoint between the urban retail water supplier’s base daily per capita water use and the urban retail water supplier’s urban water use target for 2020. (s)  “Large landscape” means a nonresidential landscape as described in the performance measures for CII water use adopted pursuant to Section 10609.10.
(t)  “Locally cost effective” means that the present value of the local benefits of implementing an agricultural efficiency water management practice is greater than or equal to the present value of the local cost of implementing that measure.
(u)  “Nonfunctional turf” means any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots. (v)  “Performance measures” means actions to be taken by urban retail water suppliers that will result in increased water use efficiency by CII water users. Performance measures may include, but are not limited to, educating CII water users on best management practices, conducting water use audits, and preparing water management plans. Performance measures do not include process water.
(w)  “Potable reuse” means direct potable reuse, indirect potable reuse for groundwater recharge, and reservoir water augmentation as those terms are defined in Section 13561.
(x)  “Potable water” means water that is suitable for human consumption. (y)  “Process water” means water used by industrial water users for producing a product or product content or water used for research and development. Process water includes, but is not limited to, continuous manufacturing processes, and water used for testing, cleaning, and maintaining equipment. Water used to cool machinery or buildings used in the manufacturing process or necessary to maintain product quality or chemical characteristics for product manufacturing or control rooms, data centers, laboratories, clean rooms, and other industrial facility units that are integral to the manufacturing or research and development process is process water. Water used in the manufacturing process that is necessary for complying with local, state, and federal health and safety laws, and is not incidental water, is process water. Process water does not mean incidental water uses.
(z)  “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code.
(aa)  “Recreational use area” means an area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, 90 — 5 — Ch. 849
playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal.
(ab)  “Recycled water” means recycled water, as defined in subdivision (n) of Section 13050.
(ac)  “Regional water resources management” means sources of supply resulting from watershed-based planning for sustainable local water reliability or any of the following alternative sources of water:
(1)  The capture and reuse of stormwater or rainwater.
(2)  The use of recycled water.
(3)  The desalination of brackish groundwater.
(4)  The conjunctive use of surface water and groundwater in a manner that is consistent with the safe yield of the groundwater basin. (ad)  “Reporting period” means the years for which an urban retail water supplier reports compliance with the urban water use targets. (ae)  “Turf” has the same meaning as defined in Section 491 of Title 23 of the California Code of Regulations.
(af)  “Urban retail water supplier” means a water supplier, either publicly or privately owned, that directly provides potable municipal water to more than 3,000 end users or that supplies more than 3,000 acre-feet of potable water annually at retail for municipal purposes.
(ag)  “Urban water supplier” has the same meaning as defined in Section 10617.
(ah)  “Urban water use objective” means an estimate of aggregate efficient water use for the previous year based on adopted water use efficiency standards and local service area characteristics for that year, as described in Section 10609.20.
(ai)  “Urban water use target” means the urban retail water supplier’s targeted future daily per capita water use.
(aj)  “Urban wholesale water supplier” means a water supplier, either publicly or privately owned, that provides more than 3,000 acre-feet of water annually at wholesale for potable municipal purposes.

SEC. 4. Chapter 2.5 (commencing with Section 10608.14) is added to Part 2.55 of Division 6 of the Water Code, to read:

Chapter 2.5. Nonfunctional Turf
10608.14. (a)  The use of potable water for the irrigation of nonfunctional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities is prohibited as of the following dates:
(1)  All properties owned by the Department of General Services, beginning January 1, 2027.
(2)  All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in paragraph (5), beginning January 1, 2027.
90 Ch. 849 — 6 —
(3)  All other institutional properties and all commercial and industrial properties, beginning January 1, 2028.
(4)  All common areas of properties of homeowners’ associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029.
(5)  All properties owned by local governments, local public agencies, and public water systems in a disadvantaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate-appropriate landscapes, whichever is later.
(b)  Notwithstanding subdivision (a), the use of potable water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need.
(c)  The board may, upon a showing of good cause for reasons including economic hardship, critical business need, and potential impacts to human health or safety, postpone a compliance deadline in subdivision (a) by up to three years for certain persons, institutions, and businesses, and may create a form to be used for compliance certification to the board by property owners.
(d)  Public water systems shall, by no later than January 1, 2027, revise their regulations, ordinances, or policies governing water service to include the requirements of subdivisions (a) and (b), as revised by the board pursuant to subdivision (c), and shall communicate the requirements to their customers on or before that date.
(e)  (1)  An owner of commercial, industrial, or institutional property with more than 5,000 square feet of irrigated area other than a cemetery shall certify to the board, commencing June 30, 2030, and every three years thereafter through 2039, that their property is in compliance with the requirements of this chapter.
(2)  An owner of a property with more than 5,000 square feet of irrigated common area that is a homeowners’ association, common interest development, or community service organization or similar entity shall certify to the board, commencing June 30, 2031, and every three years thereafter through 2040, that their property is in compliance with the requirements of this chapter.
(f)  Noncompliance by a person or entity with this chapter or regulations adopted thereunder shall be subject to civil liability and penalties set forth in Section 1846, or to civil liability and penalties imposed by an urban retail water supplier pursuant to a locally adopted ordinance or policy. (g)  (1)  A public water system, city, county, or city and county may enforce the provisions of this chapter.
(2)  To avoid duplication of enforcement, any entity identified in paragraph (1) that is not a retail public water system shall notify the retail public water system 30 days prior to enforcement of the provisions of this chapter against a property served by such system.
90 — 7 — Ch. 849
(3)  Nothing in paragraph (2) shall preclude enforcement by any entity identified in paragraph (1) once adequate notice is given. (h)  The department shall, when using funds appropriated for water conservation for turf replacement, prioritize financial assistance for nonfunctional turf replacement to public water systems serving disadvantaged communities and to owners of affordable housing. (i)  The department shall utilize the saveourwater.com internet website and outreach campaign to provide information and resources on converting nonfunctional turf to native vegetation.
(j)  The Governor’s Office of Business and Economic Development shall support small and minority-owned businesses that provide services that advance compliance with this chapter.

SEC. 5. Section 10608.22 of the Water Code is amended to read:
10608.22. Notwithstanding the method adopted by an urban retail water supplier pursuant to Section 10608.20, an urban retail water supplier’s per capita daily water use reduction shall be no less than 5 percent of base daily per capita water use as defined in paragraph (3) of subdivision (c) of Section 10608.12. This section does not apply to an urban retail water supplier with a base daily per capita water use at or below 100 gallons per capita per day.

O
90 Ch. 849 — 8 —
Assembly Bill (AB) 1572 (2023–2024): Understanding the New Law on Water Use and Nonfunctional Turf
June 20, 2025
By Esther N Lofton
Graphic showing a green lawn beside a modern building with text reading “Non-Functional Turf Irrigation Regulations – Assembly Bill 1572” and Golden State Water Company branding.

California continues to grapple with the profound effects of climate change, particularly persistent drought conditions and diminishing water resources. In response to these pressing environmental challenges, the state has enacted AB 1572 (October 13th, 2023), a piece of legislation designed to significantly enhance water conservation efforts. This law targets a specific, yet widespread, form of water waste: the irrigation of nonfunctional turf with potable (drinking) water.

Why it matters:

AB 1572 is a step toward a more water-wise California. By cutting out wasteful water use and making our landscapes more sustainable, the law helps protect our drinking water and prepare for a drier future.

What is the Core Purpose of AB 1572?
At its heart, AB 1572 is a proactive measure to safeguard California's vital drinking water supplies. The law introduces a statewide prohibition on the use of potable water for irrigating "nonfunctional turf" in specific settings. Nonfunctional turf is defined as grass that serves no practical purpose for human activity or recreation. This includes, but is not limited to, ornamental grass strips along roadways, expansive lawns in corporate parks, unused patches of grass in front of commercial buildings, and other similar areas that are not regularly used for sports, play, or social gatherings. The rationale behind this ban is straightforward: in a state facing chronic water scarcity, dedicating precious drinking water to maintain purely aesthetic or unused landscapes is deemed an unsustainable and wasteful practice.

Understanding the nuances of AB 1572 is crucial for all Californians, even though the primary focus of the ban is on commercial and public properties.

1. The Underlying Issue: Why is This Law Necessary?
California's water supply is under immense pressure due to a combination of factors, chief among them the ongoing impacts of climate change. This manifests as reduced snowpack, earlier snowmelt, and more frequent and severe droughts. In this context, using highly treated and valuable drinking water for decorative or unused grass areas represents a significant inefficiency. The state recognizes that every drop of potable water must be managed judiciously to ensure long-term water security for its residents, agriculture, and industries.

2. Key Provisions of the Law: What Does AB 1572 Mandate? Prohibition on Potable Water for Nonfunctional Turf: The most significant aspect of AB 1572 is its direct prohibition on the use of drinking water to irrigate nonfunctional turf. This ban applies to a broad range of properties, including commercial, industrial, and many public or community spaces.

It is critical to note that this law does not apply to single-family residential properties, though homeowners are still strongly encouraged to adopt water-wise landscaping practices.

Promotion of Climate-Appropriate Landscaping: Beyond the prohibition, the law actively promotes and encourages the transition to "climate-appropriate landscaping." This refers to the cultivation of plants that are naturally suited to California's arid and semi-arid climate, such as native drought-tolerant species. Such landscaping significantly reduces water demand and often requires less maintenance, contributing to long-term sustainability.

Exclusions and Exemptions: It is equally important to understand what the law does not ban. AB 1572 explicitly allows for the continued watering of "functional grass" — turf areas that serve a legitimate purpose. This includes:

Parks and public recreational spaces.

Sports fields (e.g., soccer fields, baseball diamonds).

Cemeteries.

Any other areas where people regularly gather, play, or engage in recreational activities. The intent is not to eliminate all green spaces, but to eliminate wasteful irrigation of unused turf.

3. Phased Implementation: When Will the Law Take Effect? AB 1572 features a phased implementation schedule to allow property owners and managers sufficient time to adapt and transition their landscapes. This gradual rollout ensures a smoother process and provides opportunities for planning and resource allocation.

January 1, 2027: State and local government properties will be required to cease watering nonfunctional turf with potable water. This initial phase sets an example for public entities.

January 1, 2028: The ban extends to all commercial, industrial, and institutional properties. This broad category includes business parks, shopping centers, office complexes, hospitals, universities, and other non-residential establishments.

January 1, 2029: Common areas within Homeowners Associations (HOAs) and other shared communities will come under the purview of the law. This ensures that communal green spaces within multi-family developments also adhere to the new water conservation standards.

January 1, 2031 (or later): A crucial provision in the law addresses properties located within "disadvantaged communities." For these areas, the ban on watering nonfunctional turf will only take effect once dedicated funding becomes available to support the transition to water-efficient landscapes. This ensures that the financial burden of compliance does not disproportionately fall on communities with limited resources.

4. Specific Exceptions: Are There Any Loopholes?
While the law is stringent, it does include pragmatic exceptions to ensure public safety, environmental health, and to accommodate specific circumstances:

Tree and Plant Health: Water can still be used to maintain the health and viability of trees and other non-turf plants within landscapes, recognizing their ecological and aesthetic value.

Health and Safety Risks: If ceasing irrigation would pose a direct risk to public health or safety (e.g., dust control, fire prevention in specific circumstances), exemptions may apply.

Hardship Grace Period: The law allows for a "grace period" of up to three additional years for properties facing demonstrated hardship in complying with the regulations. This provides flexibility for unique or challenging transition scenarios.

5. Enforcement and Compliance: Who Oversees the New Regulations? Enforcement of AB 1572 will primarily be handled at the local level by water agencies, cities, or counties.

These entities will be responsible for ensuring compliance within their respective jurisdictions. A key compliance mechanism is the requirement for property owners to certify their adherence to the rules every three years, beginning in the 2030–2031 fiscal year. This self-certification process, coupled with potential local oversight, aims to ensure widespread adoption of the new standards.

6. Support and Resources: What Help is Available for Transition? Recognizing that transitioning from traditional turf to water-wise landscapes can involve significant changes, AB 1572 includes provisions for support and resources:

State Funding and Programs: The state is committed to providing financial assistance and establishing programs to support turf replacement initiatives. A particular focus will be on assisting disadvantaged areas and affordable housing developments, ensuring equitable access to resources for compliance.

Information Dissemination: The state will actively promote information and resources related to water conservation and landscape transformation through its established Save Our Water website.

This platform will serve as a central hub for guidance, best practices, and available support.

Support for Small and Minority-Owned Businesses: To further facilitate the transition, the state will offer support to small and minority-owned businesses that specialize in landscape design, installation, and maintenance focused on climate-appropriate solutions. This not only aids in compliance but also fosters economic development within the green industry.

Why AB 1572 is Crucial for California's Future:

AB 1572 represents a pivotal stride towards cultivating a more water-wise and resilient California. By strategically eliminating wasteful potable water use for nonfunctional landscapes, the law directly contributes to:

Protecting Our Drinking Water: It ensures that a finite and essential resource is prioritized for human consumption and critical needs, rather than being expended on purely ornamental purposes.

Enhancing Water Security: Reducing overall water demand strengthens the state's ability to withstand future droughts and climate variability, building greater resilience into its water infrastructure and management.

Promoting Sustainable Landscapes: The law encourages a fundamental shift in landscaping practices, moving away from thirsty turf towards ecologically sound, climate-appropriate designs that require significantly less water, chemicals, and maintenance.

Preparing for a Drier Future: As climate models predict increasingly dry conditions for California, AB 1572 proactively prepares the state for these realities by embedding water conservation into its legal and environmental framework.

In essence, AB 1572 is more than just a ban; it is a catalyst for a more sustainable, water-efficient, and environmentally conscious future for California. It underscores the collective responsibility to manage precious resources wisely for the benefit of current and future generations.

References

1. Save our water; https://saveourwater.com/#1

2. AB-1572 Potable water: nonfunctional turf.(2023-
2024; https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1572

3. AB 1572: Potable water: nonfunctional
turf; https://calmatters.digitaldemocracy.org/bills/ca_202320240ab1572

4. California Watershed Approach to Landscape Design; https://apldca.org/wp-content/uploads/2018/08/G3- APLD-CA-Watershed-Approach.pdf
Source URL: https://ucanr.edu/blog/smart-water-living-urban-water-use-efficiency-socal/article/assembly-billab-1572-2023-2024 Item No. 9.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Authorization to Participate in Moonshot Missions Water and Wastewater Technical Assistance Program
SOURCE: Public Works
COMMENT: The City of Porterville continually evaluates its water and wastewater infrastructure to ensure reliable service, maintain regulatory compliance, and prepare for future system demands. As regulatory requirements become increasingly complex and infrastructure needs continue to evolve, the City is seeking outside technical assistance to evaluate its utility systems and identify opportunities for improvement.

Moonshot Missions is a nonprofit technical assistance organization that provides support to disadvantaged communities at no cost. Through funding provided by the U.S. Environmental Protection Agency, Moonshot Missions offers technical, managerial, and financial (TMF) assistance to help utilities improve operations, address regulatory challenges, and identify funding opportunities.

The proposed Work Plan includes two primary areas of assistance: (1) development of a funding and project implementation strategy to address PFAS at Well 20; and (2) a 360-degree Technical, Managerial, and Financial assessment of the City's drinking water and wastewater systems, followed by development and implementation of a roadmap addressing identified priorities.

Well 20, one of the City's most productive groundwater wells, has been out of service since 2025 due to Perfluorooctane Sulfonic Acid (PFAS) concentrations exceeding the California Response Level. Through the proposed technical assistance, Moonshot Missions will evaluate potential State and federal funding opportunities for PFAS treatment, coordinate with funding agencies regarding eligibility and application requirements, assist the City with completing funding applications, and help develop a project implementation strategy for planning, engineering, and construction necessary to return Well 20 to service.

Moonshot Missions will also work with City staff to assess the City's current Item No. 9.
water and wastewater technical, managerial, and financial capacity and needs.

Based on the assessment, Moonshot Missions and City staff will identify two to three high-priority needs, in addition to addressing Well 20 PFAS, and develop a roadmap outlining recommended actions, strategies, and potential funding opportunities. Implementation assistance may include operator training and mentoring, funding application guidance, and regulatory compliance support.

The technical assistance will be provided at no cost to the City. City staff will be responsible for participating in routine meetings, providing requested system information and materials, facilitating access to appropriate staff and stakeholders, and reviewing recommendations and deliverables. An introductory kickoff meeting was held with Moonshot Missions and City staff on June 30, 2026. Technical assistance is anticipated to begin in August 2026 and continue through Summer 2027.

Participation in the Moonshot Missions Technical Assistance Program will provide the City with additional technical expertise to evaluate its water and wastewater systems, establish priorities, strengthen long-term utility planning, and pursue available grant and low-interest funding opportunities. The assistance will also support the City's efforts to secure outside funding for PFAS treatment at Well 20, potentially reducing the financial burden on local ratepayers while advancing efforts to return the well to service.

RECOMMENDATION: That the City Council approve participation in the Moonshot Missions Technical Assistance Program for the City's drinking water and wastewater systems and authorize the City Manager or designee to approve the Work Plan and take administrative actions necessary to implement the technical assistance program.

ATTACHMENTS: 1. Moonshot Missions Work Plan
Appropriated/Funded: Appropriated/Funded: Not Applicable – Technical assistance provided at no cost to the City
Review By:

Department Director:

Robert Alvarez, Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

MOONSHOT MISSIONS WORK PLAN - DRAFT

CITY OF PORTERVILLE
7/24/2026
1 MOONSHOT MISSIONS WORK PLAN - DRAFT
City of Porterville
Utility/System/Community Name City of Porterville
Location (City, State) Porterville, CA
Work Plan Submission Date July 16, 2026
Infrastructure Need(s) ☒ Drinking water
☒ Wastewater
☐ Onsite septic
☐ Stormwater
☐ Nonpoint source
☐ Source water protection
☐ Climate adaptation/resilience
☐ Other, specify
Assistance Type(s) ☒ Technical capacity
☒ Managerial capacity
☒ Financial capacity
☐ Community engagement
Community Contact(s)
(Name, Title, Org, Email, Phone)
Robert Alvarez – Director of Public Works Director
[email protected]
David Payne – Field Services Manager
[email protected]
Moonshot TA Provider Contact(s)
(Name, Title, Org, Email, Phone)
John Erickson, Senior Utility Advisor, Moonshot Missions 510-437-0846; [email protected]
Michael Stuhr, Principal, Moonshot Missions
[email protected]

1. Community Need(s) to be Addressed
The City of Porterville provides drinking water and wastewater services to the City’s approximately 64,000 residents. The City also provides drinking water to some households in the unincorporated area of East Porterville, including approximately 725 connections added between 2016 and 2020 when domestic wells in the area ran dry due to drought conditions.1 Drinking Water
The City is currently supplied by 30 active groundwater wells with an additional well under construction.

Water is chlorinated at the wellheads before entering the distribution system. As of the City’s 2020 Urban Water Management Plan, the City has approximately 276 miles of distribution pipeline ranging from 4 to 16-inch diameter. The City also has 11.3 million gallons of storage capacity.

PFAS compounds have been detected in several of the City’s wells at levels that must be reported in annual Consumer Confidence Reports. Well 20, one of the City’s most productive wells, has been out of service since 2025 due to Perfluoroctane Sulfonic Acid (PFOS) levels exceeding the California Response Level of 10 ng/L. The City is interested in exploring funding options for PFAS treatment to bring Well 20 back online and ensure a reliable supply for the community. The City has been approached by residents, including residents of areas supplied by contaminated domestic wells, interested in connecting to the 1 2020 City of Porterville Urban Waer Management Plan

MOONSHOT MISSIONS WORK PLAN - DRAFT

CITY OF PORTERVILLE
7/24/2026
2 City’s distribution system. However, to consider expanding its service area, the City needs to ensure it has sufficient water resources.

Wastewater
The City also provides sewer services to City residents and treats wastewater from City sewers, the Porter Vista Public Utilities District (PVPUD) in East Porterville, and the Porterville State Hospital. The City owns and maintains approximately 2,728 manholes, 24 lift stations, 9,880 feet of force mains and

48.4 miles of gravity sewer pipes.2 The City of Porterville Wastewater Facility is designed to treat 8 million gallons per day and there are plans to reuse some treated effluent for agricultural irrigation.3 Interest in 360-degree Technical, Managerial and Financial Assessment The City is interested in assistance to conduct a 360-degree Technical, Managerial and Financial (TMF) assessment of its drinking water and wastewater systems to identify strengths, needs, and priorities.

2. Tasks and Deliverables
To advance efforts to bring Well 20 into regulatory compliance and back online, and to evaluate and strengthen TMF capacity in key areas, Moonshot will provide support to the City of Porterville through the following tasks:

2.1 Funding and Project Development Strategy to Address Well 20 PFAS • Evaluate funding options for planning and construction to address PFAS in Well 20. Federal Emerging Contaminants in Small or Disadvantaged Communities grant funding, managed through the California State Water Resources Control Board’s (SWRCB) Drinking Water State Revolving Fund (DWSRF) process, will be considered initially, with other funding sources also considered as appropriate.
• Assist in coordinating with funding agency staff regarding funding eligibility and application processes.
• Assist with completing funding application.
• Assist the City in formulating a project development plan (planning, engineering, and construction) to align with funding processes.

2.2 360-Degree TMF Assessment and Roadmap Development
• Work with City staff to assess the City’s current water and wastewater TMF capacity and needs. • Select two to three high-priority TMF needs (in addition to addressing Well 20 PFAS) and develop a Roadmap outlining key actions to meet those needs, including strategy and funding. 2 2020 City of Porterville Urban Waer Management Plan
3https://www.ci.porterville.ca.us/departments/public_works/field_services_division/wastewater_treatment_facili ty.php

MOONSHOT MISSIONS WORK PLAN - DRAFT

CITY OF PORTERVILLE
7/24/2026
3 2.3 Roadmap Implementation
• Implement Roadmap to meet needs, with assistance potentially including:
o Operator training and mentoring to build workforce capacity, o Funding application guidance to navigate state and federal programs, and/or o Compliance support to meet regulatory requirements.

3. Task Schedule
An initial introductory/kick-off meeting was held on June 30th, 2026 with Moonshot Missions and City staff. This Work Plan needs the approval of the City Manager.

Support is anticipated to begin in August of 2026 and continue through Summer 2027.

Task/Deliverable Anticipated Completion Date
Project Launch and Data Request Summer 2026
Well 20 Funding Strategy Summar-Fall 2026
Well 20 Funding Application Support Fall 2026 – Summer 2027 Well 20 Project Implementation Strategy Fall 2026 – Summer 2027 360-degree TMF Assessment and Roadmap Development Fall 2026 – Winter 2027 Roadmap Implementation Winter 2027 – Summer 2027
Note: Timeline reflects a conservative pacing approach based on current unknowns and expected coordination needs.

4. Expectations of the Community
The Moonshot Missions TA Provider Team will provide these services at no charge. The Community is expected to designate a primary point of contact who will:
● Participate in routine meetings (frequency of meetings to be determined by Moonshot and community point of contact)
● Supply necessary material upon notification or request ● Review material provided by Moonshot and provide feedback in a timely manner ● Facilitate Moonshot’s access to other staff/community stakeholders as needed ● Upon completion of this workplan, consider Moonshot’s findings and recommendations in the community’s next steps
For more information about Moonshot Missions, visit: www.moonshotmissions.org Item No. 10.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Authorization of 3/8-Inch Cold Mix Asphalt Purchases Through Tulare County Cooperative Purchasing Program
SOURCE: Public Works
COMMENT: As part of the City's Fiscal Year 2026-27 Self-Performed Asphalt Overlay Program, Public Works purchases asphalt materials for use by City crews in street maintenance and rehabilitation projects. Utilizing City crews for this work allows the City to maximize available street maintenance funding and complete additional roadway improvements throughout the community. On June 16, 2026, the City Council authorized the purchase of asphalt materials through the Tulare County Cooperative Purchasing Program for the Fiscal Year 2026-27 program. At that time, staff identified Jaxon Enterprises dba Deer Creek Asphalt as the awarded vendor for 3/8-inch Cold Mix Asphalt at $69.00 per ton.

Following the Council's action, staff conducted an additional review of the County's procurement documents and confirmed that both Jaxon Enterprises and Porterville Asphalt received awards under the County's solicitation. For 3/8-inch Cold Mix Asphalt, Porterville Asphalt submitted the lower unit price of $64.00 per ton, compared with $69.00 per ton from Jaxon Enterprises. The attached County bid and award documentation confirms both vendors were awarded contracts for the period of July 1, 2026 through June 30, 2027.

Although Porterville Asphalt is the lower-priced awarded vendor, the City has an existing material credit balance with Jaxon Enterprises resulting from prior transactions involving reclaimed asphalt grindings generated through City street maintenance activities. Under this arrangement, reclaimed asphalt material generated by City projects was provided to Jaxon Enterprises in exchange for credits that may be applied toward the City's purchase of asphalt materials. As of July 27, 2026, the City's available grinding credit balance with Jaxon Enterprises is $256,510.50. The current credit balance is documented in the attached Jaxon Enterprises Grinding Credit Statement.

Because the City has already accumulated this substantial credit balance, staff recommends continuing to purchase 3/8-inch Cold Mix Asphalt from Jaxon Enterprises until the existing credits are exhausted. Doing so will allow the City Item No. 10.
to realize the value of the credits previously earned from reclaimed asphalt grindings rather than leaving the balance unused. Once the City's grinding credit balance has been exhausted, staff recommends transitioning purchases of 3/8-inch Cold Mix Asphalt to Porterville Asphalt, which currently holds the lower County-awarded unit price of $64.00 per ton. Purchases would continue through the Tulare County Cooperative Purchasing Program and remain subject to vendor availability, applicable County contract terms, and available City appropriations.

Staff reviewed the applicable product documentation for both vendors and determined that the materials meet the specifications for the City's intended use. Therefore, the recommended purchasing strategy allows the City to first utilize the value of its existing Jaxon Enterprises credits and then transition to the lower-priced awarded vendor for future purchases. Funding for asphalt materials is included in the Fiscal Year 2026-27 Self-Performed Asphalt Overlay Program Budget.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of 3/8-inch Cold Mix Asphalt from Jaxon Enterprises dba Deer Creek Asphalt through the Tulare County Cooperative Purchasing Program until the City's existing grinding credit balance is exhausted; and

2. Upon exhaustion of the City's grinding credit balance, authorize the purchase of 3/8-inch Cold Mix Asphalt from Porterville Asphalt through the Tulare County Cooperative Purchasing Program as the lower-priced awarded vendor,
subject to vendor availability, applicable contract terms, and available appropriations.

ATTACHMENTS: 1. Tulare County FY 2026-27 Asphalt Bid and Award Summary

2. Jaxon Enterprises Grinding Credit Statement
Appropriated/Funded: FY 2026-27 Self-Performed Asphalt Overlay Program Budget Review By:

Department Director:

Robert Alvarez, Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Approval of Fiscal Year 2026-27 State of Good Repair Program Project List SOURCE: Transportation
COMMENT: The Road Repair and Accountability Act of 2017, enacted as Senate Bill 1 (SB 1), provides ongoing transportation funding for eligible transit maintenance, rehabilitation, and capital projects through the State Transit Assistance State of Good Repair (SGR) Program administered by the California Department of Transportation, Division of Rail and Mass Transportation (Caltrans).

For Fiscal Year 2026-27, the City of Porterville is estimated to receive $123,781 through the SGR Program. These funds are generated from the Transportation Improvement Fee collected with vehicle registrations and are restricted to eligible transit maintenance, rehabilitation, and capital projects.

Staff recommends utilizing the City's estimated FY 2026-27 allocation of $123,781 toward the State of Good Repair Transit Fleet Replacement Project to purchase two hybrid transit vans to replace existing vehicles that have exceeded their useful life. The proposed project will improve fleet reliability and safety while assisting the City in maintaining its transit fleet in a state of good repair. The FY 2026-27 Project List identifies a project period of July 1, 2026 through June 30, 2028. The attached Project List similarly identifies the project as a rolling stock/fleet replacement project and allocates the full $123,781 in SGR funding toward the purchase of two hybrid transit vans.

As a condition of receiving SGR funding, the City must annually submit an approved project list and comply with applicable program requirements, including project and expenditure reporting, audits, record retention, and continued control and maintenance of SGR-funded assets. Caltrans also requires recipients to submit a signed Authorized Agent Form designating representatives authorized to submit documents on behalf of the recipient and a governing-board resolution authorizing the agent.

The proposed resolution approves the FY 2026-27 SGR Project List, confirms the City's agreement to comply with applicable SGR Program requirements, and authorizes the Director of Transportation, or designee, to submit requests for allocation and execute grant applications, forms, agreements, and other documents necessary to administer the Program. The resolution also authorizes the Mayor to execute the required Authorized Agent Form.

The Authorized Agent Form designates the City Manager, Director of Transportation, and Grant & Procurement Coordinator as authorized agents for purposes of obtaining and administering State Transit Assistance State of Good Repair Program funds on behalf of the City. The Mayor will be authorized to execute the Authorized Agent Form.

The City is also required to approve and execute the SGR Program Certifications and Assurances, through which the City agrees to comply with applicable program requirements. These requirements include proper project administration, environmental compliance, reporting, audits, record retention, and continued control and maintenance of SGR-funded assets. The Certifications and Assurances identify the City Manager as the City's signatory.

Approval of the FY 2026-27 SGR Project List identifies the proposed use of the City's SGR allocation but does not constitute authorization to purchase the two hybrid transit vans. Any vehicle procurement requiring City Council approval will be presented separately in accordance with the City's purchasing requirements.

Staff recommends approval of the FY 2026-27 State of Good Repair Program Project List and related documents to allow the City to receive and administer its available SGR funding.

RECOMMENDATION: That the City Council:

1. Approve the Fiscal Year 2026-27 State of Good Repair Project List identifying an estimated $123,781 for the State of Good Repair Transit Fleet Replacement Project for the purchase of two hybrid transit vans;

2. Approve the State of Good Repair Program Certifications and Assurances and authorize the City Manager to execute the document on behalf of the City;

3. Adopt the attached Resolution authorizing the Director of Transportation, or designee, to execute documents and take actions necessary to obtain and administer State Transit Assistance State of Good Repair Program funds on behalf of the City; and

4. Authorize the Mayor to execute the State of Good Repair Authorized Agent Form designating the City Manager, Director of Transportation, and Grant & Procurement Coordinator as
authorized agents.

ATTACHMENTS: 1. FY 2026-27 State of Good Repair Project List

2. State of Good Repair Program Certifications and
Assurances

3. State of Good Repair Authorized Agent Form

4. Draft Resolution
Appropriated/Funded: State Transit Assistance – State of Good Repair Program Review By:

Department Director:

Russell Isom, Director of Transportation
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk The column titles for this worksheet are in row 1. They span cells B1. The data spans cells A2 through Z104. There is information in every cell for column A through Z inclusive. If you are not using a screen reader, you can press Alt + R, T for the Review Ribbon, Edit Comment to move to and open a Comment once you are on a cell with a Comment. When you are finished reading the Comment, press Escape to close the comment and return to the worksheet. If you are using the JAWS screen reader, press Ctrl + Shift + Apostrophe to get a list of Comments and their cell coordinates in the worksheet. Press Enter on the Comment you want to go to or Escape onc Total Project
Costs
Auto Populated
Project
Start Date

MM/DD/YYYY
Project
Completion
Date

MM/DD/YYYY
2025-26
SGR Costs
99313
2025-26
SGR Costs
99314
Total
SGR Costs
99313
Total
SGR Costs
99314
Total
Other SB1
Costs
Please Identify
Program in Notes
Total
STA Costs -
Not Including
SGR
Total
All Other Funds Congressional Senate Assembly
1 Tulare County Association of
Governments City of Porterville State of Good Repair Transit Fleet Replacement Project
Purchase two hybrid transit vans to replace
vehicles beyond useful life.

Rolling Stock/Fleet Replacement Poor 8 7/1/2026 6/30/2028 Porterville Tulare No $ 113,325 $ 10,456 $ 113,325 $ 123,781 $ - $ - $ - $ 123,781 22 14 33 Staff recommends utilizing the full
FY 2026–27 allocation to support
the replacement of aging transit
vehicles. This year’s funding will be
used toward the purchase of two (2)
hybrid transit vans to replace
vehicles that have exceeded their
useful life.

Project
Locatio
n
County
Existing
State of
Good
Repair
Project
TCAG 2026-27 State of Good Repair Project Information
Legislative Districts
Notes, Comments, Additional
Information Asset Type Project Category
Current SGR Costs Non-SGR Costs
Condition of
Asset
Useful Life
If applicable
In Years
Project Dates
Project
Location
City
#
Recipient/Region SubRecipient/Operator
Project Title
Project Titles must match if appearing on a previous list.

Project Description
City of Porterville

State Transit Assistance State of Good Repair Program
Recipient Certifications and Assurances
Recipient: City of Porterville
Effective Date: July 1, 2026
In order to receive State of Good Repair Program (SGR) funds from the California Department of Transportation (Department), recipients must agree to following terms and conditions:

A. General
(1) The recipient agrees to abide by the State of Good Repair Guidelines as may be updated from time to time.
(2) The potential recipient must submit to the Department a State of Good Repair Program Project List annually, listing all projects proposed to be funded by the SGR program. The project list should include the estimated SGR share assigned to each project along with the total estimated cost of each project. (3) The recipient must submit a signed Authorized Agent form designating the representative who can submit documents on behalf of the recipient and a copy of the board resolution authorizing the agent.

B. Project Administration
(1) The recipient certifies that required environmental documentation will be completed prior to expending SGR funds. The recipient assures that each project approved for SGR funding comply with Public Resources Code § 21100 and § 21150. (2) The recipient certifies that SGR funds will be used for transit purposes and SGR funded projects will be completed and remain in operation for the estimated useful lives of the assets or improvements.
(3) The recipient certifies that it has the legal, financial, and technical capacity to deliver the projects, including the safety and security aspects of each project.

City of Porterville

(4) The recipient certifies that there is no pending litigation, dispute, or negative audit findings related to any SGR project at the time an SGR project is submitted in the annual list.
(5) Recipient agrees to notify the Department immediately if litigation is filed or disputes arise after submission of the annual project list and to notify the Department of any negative audit findings related to any project using SGR funds. (6) The recipient must maintain satisfactory continuing control over the use of project equipment and/or facilities and will adequately maintain project equipment and/or facilities for the estimated useful life of each project. (7) Any and all interest the recipient earns on SGR funds must be reported to the Department and may only be used on approved SGR projects or returned to the Department.
(8) The recipient must notify the Department of any proposed changes to an approved project list by submitting an amended project list.
(9) Funds will be expended in a timely manner.

C. Reporting
(1) Per Public Utilities Code § 99312.1 (e) and (f), the recipient must submit the following SGR reports:
a. Annual Expenditure Reports within six months of the close of the fiscal year (by December 31st) of each year.
b. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of SGR funds. A copy of the audit report must be submitted to the Department within six months of the close of each fiscal year in which SGR funds have been received or expended.

D. Cost Principles
(1) The recipient agrees to comply with Title 2 of the Code of Federal Regulations Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
(2) The recipient agrees, and will assure that its contractors and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual project cost items and (b) those parties shall City of Porterville

comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
(3) Any project cost for which the recipient has received payment that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, are subject to repayment by the recipient to the State of California (State). Should the recipient fail to reimburse moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the recipient from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller.

E. Record Retention
(1) The recipient agrees and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project.

The accounting system of the recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of the recipient, its contractors and subcontractors connected with SGR funding shall be maintained for a minimum of three (3) years from the date of final payment and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor. Copies thereof will be furnished by the recipient, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the recipient’s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits.
(2) For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the recipient’s contracts with third parties pursuant to Government Code § 8546.7, the recipient, its contractors and subcontractors and the Department shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of final payment. The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a City of Porterville

project for audits, examinations, excerpts, and transactions, and the recipient shall furnish copies thereof if requested.
(3) The recipient, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document.

F. Special Situations
(1) Recipient acknowledges that if a project list is not submitted timely, the recipient forfeits its apportionment for that fiscal year.
(2) Recipients with delinquent expenditure reports may risk future eligibility for future SGR funding.
(3) Recipient acknowledges that the Department shall have the right to perform an audit and/or request detailed project information of the recipient’s SGR funded projects at the Department’s discretion from SGR award through 3 years after the completion and final billing of any SGR funded project. Recipient agrees to provide any requested project information.

I certify all of these conditions will be met.

City of Porterville
BY:

Richard I. Tree
City Manager
City of Porterville

ATTACHMENT I
(INSERT Agency Board Resolution approving this document) STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
Division of Rail and Mass Transportation
State Transit Assistance State of Good Repair Program
Authorized Agent Form
Authorized Agent
The following individual(s) are hereby authorized to execute for and on behalf of the named Regional Entity/Transit Operator, and to take any actions necessary for the purpose of obtaining State Transit Assistance State of Good Repair funds provided by the California Department of Transportation, Division of Rail and Mass Transportation. This form is valid at the beginning of Fiscal Year 2017-2018 until the end of the State of Good Repair Program. If there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. __________________________________________________________________ OR (Name and Title of Authorized Agent)
__________________________________________________________________ OR (Name and Title of Authorized Agent)
___Teresa Avitia, Grant & Procurement Coordinator_______________________ . (Name and Title of Authorized Agent)
AS THE __________________________________________________ (Chief Executive Officer / Director / President / Secretary) OF THE __________________________________________________ (Name of County/City Organization) ______________________________________________________________ _________________________________________ (Print Name) (Title)
__________________________________________
(Signature)
Approved this ______________day of _________________, 20_____ FY 26-27 SB 1 STA State of Good Repair

RESOLUTION NO.________-2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE APPROVING THE FY 2026-27 PROJECT LIST FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, established the State of Good Repair (SGR) Program to fund eligible transit maintenance, rehabilitation, and capital project activities that maintain public transit systems in a state of good repair; and
WHEREAS, the City of Porterville is an eligible project sponsor and recipient of State Transit Assistance – State of Good Repair funds for eligible transit capital projects; and WHEREAS, the City of Porterville desires to receive State of Good Repair Program funds for the projects identified in the FY 2026-27 State of Good Repair Project List; and WHEREAS, the City Council has reviewed and concurs with the projects identified in the FY 2026-27 State of Good Repair Project List.

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

SECTION 1. The City Council hereby approves the FY 2026-27 State of Good Repair Project List.

SECTION 2. The City of Porterville agrees to comply with all conditions and requirements set forth in the State of Good Repair Program Certifications and Assurances and all applicable statutes, regulations, and guidelines for State of Good Repair-funded transit capital projects.

SECTION 3. The Director of Transportation, or designee, is hereby authorized to submit requests for allocation of State Transit Assistance – State of Good Repair funds and to execute related grant applications, forms, agreements, and other documents necessary to administer the Program.

SECTION 4. The Mayor is hereby authorized to execute the Authorized Agent Form required for participation in the State of Good Repair Program.
///
///
Resolution No. ________-2026

PASSED, APPROVED, AND ADOPTED this 18th day of August, 2026.

Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
BY:

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

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Approval of Community Civic Event Application for the Exchange Club of Porterville Run for Life
SOURCE: Finance
COMMENT: The Exchange Club of Porterville has submitted a Community Civic Event Application requesting approval to conduct the Exchange Club of Porterville Run for Life on Saturday, September 5, 2026, from 6:00 a.m. to 11:00 a.m., including event set-up and clean-up. The purpose of the event is to raise funds to support the Roger S. Good Cancer Treatment Center at Sierra View Medical Center and its mission of providing cancer treatment services and resources to the community.

The event consists of a 5K Run/Walk beginning and ending at Granite Hills High School. The applicant is requesting temporary street closures and use of public streets and sidewalks along the event route in the vicinity of Granite Hills High School, as identified in the attached application and route map.

The applicant has submitted the required insurance documentation, which has been reviewed by Risk Management. City services associated with the event, including traffic control and barricade support, will be provided in accordance with the conditions and requirements established through the departmental review process. Applicable fees associated with City services will be billed to the applicant in accordance with City requirements.

The Community Civic Event Application has been submitted in accordance with Community Civic Events Ordinance No. 1326, as amended. The application has been reviewed by the Police Department, Fire Department, Parks and Leisure Services Department, Administrative Services Department, Public Works Department, and Risk Management. All applicable operational requirements and conditions are contained in the Application and Agreement, Exhibit A, and Exhibit B. Staff has determined that the proposed event complies with the requirements of the Community Civic Events Ordinance, subject to the conditions contained therein.

RECOMMENDATION: That the City Council approve the Community Civic Event Item No. 12.

Application submitted by the Exchange Club of Porterville for the Run for Life scheduled for September 5, 2026, including the temporary street closures and use of public rights-of-way identified in the application and route map, subject to the conditions and requirements contained in the Application and Agreement, Exhibit A, and Exhibit B.

ATTACHMENTS: 1. Community Civic Event Application and Agreement, including Exhibit A, Exhibit B, Outside Amplifier Permit, and Event Route Map
Appropriated/Funded: Not Applicable
Review By:

Department Director:

Trisha Whiteley, Acting Finance Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Item No. 13.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Approval of Reappointments and Appointment to the Transactions and Use Tax Oversight Committee
SOURCE: Administrative Services
COMMENT:

The Transactions and Use Tax Oversight Committee (TUTOC) is responsible for reviewing revenues and expenditures associated with Measure H and Measure I and reporting its findings to the City Council. The Committee is composed of ten members of the public and is required to meet at least once annually following adoption of the budget. Historically, the Committee has met on a quarterly basis. To be eligible for appointment, an individual must be a Porterville resident, business owner, or business operator.

The terms of Committee Members Shawn Byars, Jerry Hall, and Rae Dean Strawn expired in May 2026. Mr. Hall and Ms. Strawn have expressed an interest in continuing to serve and are being presented to the City Council for consideration for reappointment. Mr. Byars has declined reappointment, and his seat will therefore remain vacant. Additionally, the seat previously held by Committee Member Stinson is vacant following her passing.

Taha Saleh was recently appointed to TUTOC and currently serves as a member of the Committee.

The City Clerk’s Office has also received a new Request for Appointment from Brian Redford. Mr. Redford meets the Committee’s eligibility requirements as a Porterville resident. His application also identifies professional experience involving budget oversight, financial analysis, data-informed decision-making, and community engagement. A copy of his Request for Appointment and supporting information is attached for the City Council’s consideration.

If Mr. Hall and Ms. Strawn are reappointed and Mr. Redford is appointed, five of the Committee’s ten seats will be filled and five seats will remain vacant.

Staff will continue accepting applications for the remaining vacancies.

Staff recommends the reappointment of Jerry Hall and Rae Dean Strawn and Item No. 13.
the appointment of Brian Redford for terms expiring in May 2030.

RECOMMENDATION: That the City Council:

1. Reappoint Jerry Hall to the Transactions and Use Tax Oversight Committee for a term expiring May 2030;

2. Reappoint Rae Dean Strawn to the Transactions and Use Tax Oversight Committee for a term expiring May 2030; and

3. Appoint Brian Redford to the Transactions and Use Tax Oversight Committee for a term expiring May 2030.

ATTACHMENTS: 1. Request for Appointment - Jerry Hall

2. Request for Appointment - Brian Redford

3. Request for Appointment - Rae Dean Strawn
Appropriated/Funded: Not Applicable
Review By:

Department Director:

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

Item No. 14.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Approval of Communications Specialist Classification and Job Description SOURCE: City Manager's Office
COMMENT: The City of Porterville provides a wide range of programs, services, projects, and community initiatives that require timely and effective communication with residents, businesses, visitors, community organizations, partner agencies, and the media. As communication increasingly occurs through websites, social media, digital media, traditional media, community outreach, public meetings, and special events, there is a growing need for a coordinated Citywide approach to communication, marketing, and branding.

Currently, many communication, marketing, public outreach, and promotional responsibilities are distributed among existing staff whose primary responsibilities are focused on other municipal operations. Establishing a dedicated professional position will provide greater consistency in Citywide messaging, branding, content development, and public engagement while allowing existing staff to remain focused on their primary operational responsibilities.

To address these needs, staff proposes establishing a Communications Specialist classification at Salary Range 232 ($6,627–$8,087 per month). The position will be assigned to the Administration Department under the City Manager's Office and will provide centralized communication and marketing support to all City departments.

The Communications Specialist will be responsible for developing and implementing Citywide communication, marketing, and branding strategies; maintaining consistent messaging, visual identity, and brand standards; developing marketing and promotional campaigns; and creating written, visual, digital, and multimedia content. The position will also manage content for the City's website and social media platforms and provide professional communication and marketing support to City departments.

An important focus of the position will be strengthening the City of Porterville brand and proactively communicating the City's story. The Communications Specialist will promote City programs, services, projects, community assets, Item No. 14.
infrastructure investments, economic and community development initiatives, events, and accomplishments through a variety of communication channels.

The position will also coordinate community engagement and public outreach activities, serve as a primary point of contact for routine media inquiries, and support emergency and crisis communications in coordination with the City Manager, City departments, public safety agencies, and other appropriate agencies.

As a Citywide administrative function, the cost of the position will be shared among City departments, recognizing that centralized communication, marketing, branding, public outreach, and public information services support the entire organization. Funding for the position is included in the Fiscal Year 2026-27 Annual Budget.

Establishing the Communications Specialist classification will provide the City with a centralized professional resource to strengthen the City's brand, improve the consistency and quality of public-facing communications, expand community engagement, promote City programs and accomplishments, and support the communication needs of all City departments.

RECOMMENDATION: That the City Council:

1. Approve the establishment of the Communications Specialist classification at Range 232 ($6,627 - $8,087); and

2. Approve the proposed job description for Communications Specialist.

ATTACHMENTS: 1. Communications Specialist
Appropriated/Funded: FY 2026-27 General Fund Annual Operating Budget Review By:

Department Director:

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

COMMUNICATIONS SPECIALIST

DEFINITION
Under general administrative direction, develops, implements, coordinates, and evaluates the City's communications, marketing, branding, and public information programs; develops and maintains the City's brand identity and Citywide communications strategy; creates and coordinates digital, visual, and written content to promote City programs, services, projects, events, accomplishments, and community initiatives; supports media relations, community engagement, and emergency communications; and performs related duties consistent with the goals and priorities established by the City Manager.

REPRESENTATIVE DUTIES
The duties listed below are examples of the work typically performed by an employee in this classification. Not all assigned duties may be listed. Marginal duties are those which are non-essential job functions for this classification.

Under the general direction of the City Manager’s Office:

1. Develops, implements, and maintains Citywide communication, marketing, and branding strategies that support the City's goals and priorities; establishes and promotes consistent messaging, visual identity, and brand standards across City departments, programs, facilities, and public-facing communications.

2. Develops marketing and promotional campaigns to highlight City programs, services, projects, events, economic and community development initiatives, community assets, infrastructure investments, accomplishments, and other activities that promote the City and strengthen its community identity.

3. Creates, designs, edits, and coordinates written, visual, and multimedia content, including news releases, newsletters, brochures, advertisements, graphics, photography, videos, presentations, informational materials, signage, and other digital and printed communications.

4. Develops and manages content for the City's website, social media platforms, and other digital communication channels to provide timely, accurate, accessible, and engaging information; monitors digital engagement and identifies opportunities to expand the City's reach and effectiveness.

5. Coordinates with City departments to identify communication and marketing needs and provides professional guidance and support for public education campaigns, promotional materials, presentations, special initiatives, and other communications to ensure consistency with Citywide messaging and brand standards.

6. Develops and coordinates community engagement and public outreach activities, including surveys, public information campaigns, community events, public meetings, and other opportunities to inform and engage residents, businesses, visitors, community organizations, and other stakeholders.

7. Serves as a primary point of contact for routine media inquiries; prepares news releases, talking points, fact sheets, and official communications; coordinates responses with the City Manager, department directors, and appropriate staff; and develops and maintains professional relationships with news media.

8. Proactively identifies and develops opportunities to tell the City's story, promote community assets and accomplishments, and strengthen public awareness of City programs and investments through digital and traditional media, photography, video, publications, community partnerships, and other communication channels.

9. Supports emergency and crisis communications, including the preparation and dissemination of timely public information, emergency notifications, updates, and other communications in coordination with the City Manager, emergency management personnel, public safety agencies, City departments, and other appropriate agencies.

10. Monitors and evaluates the effectiveness of City communication, marketing, branding, and engagement efforts using website analytics, social media metrics, surveys, community feedback, and other performance measures; stays informed of emerging communication and marketing practices and recommends strategies, technologies, and improvements to enhance the City's communication efforts.

Performs related duties as required and/or assigned.

EMPLOYMENT STANDARDS
Education and/or Experience
Graduation from an accredited college or university with a Bachelor's degree in Communications, Marketing, Journalism, Public Relations, Graphic Design, Digital Media, or a related field, and three years of progressively responsible professional experience in communications, marketing, public relations, graphic design, digital media, community relations, or a related field.

An equivalent combination of education, training, and experience that provides the required knowledge, skills, and abilities may be considered.

Experience in a public agency is desirable.

Knowledge of:

Principles and practices of strategic communications, marketing, branding, public information, media relations, and community engagement; Brand development, marketing campaigns, audience identification, and message development; Social media, digital communications, website content management, and online engagement; Graphic design, photography, videography, multimedia production, and visual communications; Professional writing, editing, news writing, and development of content for diverse audiences and communication platforms; Community outreach, public engagement, event promotion, and stakeholder communications; Methods for evaluating communication and marketing effectiveness, including website analytics, social media metrics, surveys, and community feedback; Principles and practices of emergency and crisis communications; Applicable federal, state, and local laws and requirements related to public-sector communications, accessibility, copyright, records retention, and intellectual property; Organization and functions of municipal government; and Modern office practices, communication technologies, software applications, record keeping, report preparation, and presentation techniques.

Ability to:

Develop and coordinate effective communication, marketing, branding, and public information programs; Create professional written, visual, digital, and multimedia content for diverse audiences; Maintain consistent City branding, messaging, and visual identity across communication platforms; Plan and coordinate marketing campaigns, community outreach, special events, and public engagement activities; Establish effective relationships with the media, community, City staff, partner agencies, and other stakeholders; Respond effectively to media and public inquiries, including during emergencies and sensitive situations; Exercise sound judgment, work independently and collaboratively, manage multiple priorities, and meet deadlines; and Communicate clearly, concisely, and professionally, both orally and in writing.

Special Requirements
Possession of a valid California Driver’s License.

Physical Demands
Sitting, standing, walking, some stooping and bending. Dexterity and coordination to handle files and single pieces of paper; occasional lifting of objects up to 25 lbs., such as files, stacks of paper and other reference materials. Moving from place to place within the office; some reaching for items below and above desk level.

WORKING CONDITIONS
Environment is generally clean with limited exposure to conditions such as dust, fumes, odors, and noise. Frequent use of computers, mobile devices, cameras, audiovisual equipment, and other communication technology is required. Attendance at evening meetings, community events, and other activities outside normal business hours may be required. Occasional travel may be required.

Item No. 15.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Conditional Use Permit (PRC 2026-013-C) for Dead End Saloon at 1200 S. Main Street
SOURCE: Planning and Engineering
COMMENT: The purpose of this item is to conduct a public hearing and consider a Conditional Use Permit (CUP) to allow the reopening of a previously operated bar/tavern within an existing commercial building at 1200 S. Main Street.

The applicant, Don Burns, on behalf of property owner Mike Colletto, proposes to reopen the previously operated Harley's Tavern under the business name Dead End Saloon at 1200 S. Main Street (APN 270-160-022-000). Approval of the CUP would allow the proposed tavern use and support the applicant's acquisition of a State of California Type 48 Alcoholic Beverage Control (ABC) license, which authorizes the on-site sale and consumption of beer, wine, and distilled spirits.

The California Department of Alcoholic Beverage Control establishes licensing thresholds based on population within individual census tracts. The subject property is located within Census Tract 41.02. Based on the applicable ABC licensing threshold for the census tract, the proposed on-sale license would not result in an overconcentration of alcohol licenses within the census tract.

The subject property is located within the CR (Retail Centers) Zone District and has a General Plan Land Use designation of Retail Centers. The CR Zone District allows bars and taverns subject to approval of a Conditional Use Permit. The Project Review Committee reviewed the proposed project on May 20, 2026.

The proposed use will occupy an existing commercial structure previously utilized for the same general purpose.

The Porterville Development Ordinance requires the City Council to make specific findings prior to approving or modifying a Conditional Use Permit. Staff evaluated the proposed use and determined that the required findings can be made as follows:

1. The proposed project advances the goals and objectives of the City and is consistent with the policies of the General Plan and other applicable plans Item No. 15.
adopted by the City.

The reopening of a tavern at 1200 S. Main Street supports the following City of Porterville General Plan policies:
• ED-G-2: Retain, improve, and promote existing businesses in Porterville.
• ED-G-5: Retain existing local businesses and foster local start-ups. • LU-G-1: Promote a sustainable, balanced land use pattern that responds to the existing and future needs of the City.

There are no other applicable specific plans for the project location.

2. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district and conform with the General Plan, Development Ordinance, and other applicable plans adopted by the City Council.

The CR Zone District allows bars and taverns subject to approval of a Conditional Use Permit. The proposed business will occupy an existing commercial structure previously used for the same general purpose and does not propose a significant expansion of the existing building.

The project will be required to comply with applicable City codes and departmental conditions. Engineering, Fire, and Building identified no immediate initial comments during the project review process. The Field Services Division identified a standard technical condition requiring installation of a backflow prevention device on the water meter pursuant to Resolution No. 9615.

California Environmental Quality Act
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Facilities (Class 1). The exemption applies because the project involves the operation and licensing of an existing commercial structure with negligible or no physical expansion of the existing building footprint. A Notice of Exemption will be filed with the Tulare County Clerk following City Council approval.

Based on the project application, applicable General Plan and zoning requirements, departmental review, and the findings described above, staff recommends approval of the Conditional Use Permit for the Dead End Saloon at 1200 S. Main Street, subject to the applicable conditions of approval.

Item No. 15.

RECOMMENDATION: That the City Council:

1. Conduct a public hearing to receive testimony regarding the proposed Conditional Use Permit for Dead End Saloon at 1200 S.

Main Street;

2. Find the project categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and

3. Adopt the attached Resolution approving the Conditional Use Permit for Dead End Saloon at 1200 S. Main Street, subject to the applicable conditions of approval.

ATTACHMENTS: 1. Locator Map – 1200 S. Main Street

2. Draft Resolution

3. Notice of Public Hearing
Appropriated/Funded: Not Applicable
Review By:

Department Director:

Clayton Dignam, Acting Planning and Engineering Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

RESOLUTION NO.____-2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A

CONDITIONAL USE PERMIT FOR THE OPERATION
OF A TAVERN (DEAD END SALOON) AT 1200 S. MAIN STREET
WHEREAS: The Project Review Committee (PRC) of the City of Porterville at its meeting of May 20, 2026, reviewed a proposal (Project No. 2026-013) to reopen the previouslyoperated Harleys Tavern as a bar/tavern located at 1200 South Main Street (APN 270-160- 022-000); and
WHEREAS: the applicant, Don Burns, on behalf of property owner Mike Colletto, wishes to apply for a Conditional Use Permit to allow for the acquisition of a State of California Type 48 ABC license, authorizing the sale of beer, wine, and distilled spirits for on-site consumption; and
WHEREAS: the subject property is located within the CR (Retail Centers) Zone District and carries a General Plan Land Use designation of Retail Centers, which permits tavern uses subject to a Conditional Use Permit; and
WHEREAS: a ten (10) day Public Hearing notice was published in the Porterville Recorder and mailed to adjacent property owners within the required radius of the subject site; and WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of August 18, 2026, conducted a public hearing to consider approval of the Conditional Use Permit for the tavern use; and
WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to this matter; and
WHEREAS: the Environmental Coordinator has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Existing Facilities); and
WHEREAS: The City Council makes the following findings pursuant to Porterville Development Code Section 604.04, the evidence for said findings substantiated in the record:

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

2. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant Resolution No. __-2026

respects with the general plan, this development ordinance and with any other applicable plan adopted by the city council.

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

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

2. The Conditional Use Permit to authorize the operation of a tavern (Dead End Saloon) with a Type 48 ABC license at 1200 S. Main Street is hereby approved.

3. Any future change in operation which substantially alters the conditions or nature of the subject business will require approval of a modification to the Conditional Use Permit by the City Council.

4. Unless an extension of time is granted by the City Council, this Conditional Use Permit shall expire two years after the date of approval (August 18, 2028).

5. The development and ongoing operation shall comply with the Porterville Municipal Code, Chapter 21 Development Code, and all departmental conditions outlined in the Project Review Committee (PRC) letter for Project No. 2026-013.

PASSED, APPROVED AND ADOPTED this 18th day of August, 2026.

__________________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
BY __________________________________
Fernando Gabriel-Moraga, Chief Deputy City Clerk

NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the City Council of the City of Porterville on Tuesday, August 18, 2026, at 6:30 p.m. or as soon thereafter as the matter can be heard in the Council Chambers at City Hall, 291 N. Main Street, Porterville, California, in order to consider the following:

Conditional Use Permit (PRC No. 2026-013) to allow the reopening of a previously-operated business (Harley’s Tavern) as (Dead End Saloon) with a Type 48 ABC license for the sale of beer, wine, and distilled spirits for on-site consumption.

The project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

The project site is located at 1200 South Main Street, Porterville, CA (APN 270-160-022) within the CR (Retail Centers) Zone District and has a General Plan Land Use designation of Retail Centers.

Public comments may be submitted to [email protected] and will be provided to the City Council for consideration prior to the public hearing. While written comments are not routinely read aloud during the meeting, individual Council Members may choose to reference or read submitted comments during the hearing. Members of the public are encouraged to submit comments prior to 6:30 p.m. on Tuesday, August 18, 2026, to ensure they are distributed to the City Council before consideration of the item. Staff will periodically check for emails received after 6:30 p.m.; however, comments received after that time may not be provided to the City Council prior to action on the item.

This notice is given in order to provide all parties an opportunity to be heard and to present their views regarding this application. The matter can be heard in the Council Chambers at City Hall, 291 N. Main Street, Porterville, California and will be live streamed on YouTube at https://www.youtube.com/@cityofporterville4149. Application materials are on file in the office of the Porterville Planning and Engineering Department at City Hall, 291 N. Main Street, and are available for inspection by any and all persons interested therein.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and the documents in the agenda packet please contact Chief Deputy City Clerk, Fernando GabrielMoraga, (559) 782-7464. Individuals requiring special assistance using TTY, VCO, HCO, or ASCII devices may call 1-866-660-4288. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of appropriate alternative format of the agenda and documents in the agenda packet.

DATED: August 7, 2026
Richard Tree, City Clerk
Item No. 16.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Second Reading - Ordinance No. 1934 - Repealing and Replacing Municipal Code Provisions Pertaining to Code Enforcement Officers SOURCE: Administrative Services
COMMENT: Ordinance No. 1934, an ordinance of the City Council of the City of Porterville, repealing and replacing Sections 2-26.1 through 2-26.4 of Chapter 2, and adding Sections 2-26.5 through 2-26.9 of the Porterville Municipal Code pertaining to Code Enforcement Officers, including the relocation of the Code Enforcement function to the Building Division within the Planning and Engineering Department.

RECOMMENDATION: That the Council give Second Reading to Ordinance No. 1934 waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1934
Appropriated/Funded: Not Applicable
Review By:

Department Director:

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

ORDINANCE NO. 1934

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE REPEALING AND REPLACING SECTIONS 2-26.1 THROUGH 2-26.4 OF CHAPTER 2, AND ADDING SECTIONS 2-26.5 THROUGH
2-26.9 OF THE PORTERVILLE MUNICIPAL CODE

PERTAINING TO CODE ENFORCEMENT OFFICER
WHEREAS, the City desires to enforce the Porterville Municipal Code and the City's ordinances in the most efficient manner possible, the proposed ordinance relocates the Code Enforcement function from the Fire Department to the Building Division within the Planning and Engineering Department and establishes the Code Enforcement Section as part of the Building Division.

WHEREAS, the amendments also modernize and clarify the City’s code enforcement authority by defining the organization, supervision, duties, inspection authority, enforcement authority, administrative remedies, and coordination with other City departments.

WHEREAS, the proposed ordinance does not eliminate or diminish the independent statutory authority of the Fire Marshal, Fire Chief, Police Chief, or any other City official granted enforcement authority by state law. It provides organizational clarity by placing responsibility for the City’s general municipal code enforcement program within the Building Division while preserving interdepartmental coordination on matters involving fire and life safety, building regulations, nuisance abatement, zoning, housing, and other applicable state and local laws.

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

CITY OF PORTERVILLE

MUNICIPAL CODE
CHAPTER 2: ADMINISTRATION
ARTICLE IV: CODE ENFORCEMENT SECTION
SECTION:
2-26.1: Creation and Organization of the Code Enforcement Section 2-26.2: Appointment; Jurisdiction; Supervision
2-26.3: Designation as Public Officer; Citation and Arrest Authority 2-26.4: Duties
Ordinance No. 1934

2-26.5: Enforcement Authority; Applicable Codes
2-26.6: Inspection Authority; Warrants
2-26.7: Administrative and Legal Remedies
2-26.8: Compliance; Voluntary and Compelled
2-26.9: Coordination with Other Departments and Agencies 2-26.1: CREATION AND ORGANIZATION OF THE CODE ENFORCEMENT SECTION:

There is hereby created within the Building Division of the Planning and Engineering Department, a Code Enforcement Section. The official in charge of the Code Enforcement Section shall be the Building Official, or a duly authorized representative designated by the Building Official with the approval of the City Manager.

Nothing in this article shall be construed to limit or eliminate enforcement authority otherwise conferred by state law upon any other officer or agency of the City, including the Fire Marshal, Fire Chief, and Police Chief with respect to matters within their respective jurisdictions. 2-26.2: APPOINTMENT; JURISDICTION; SUPERVISION:

Code enforcement officers shall be duly appointed employees of the Code Enforcement Section of the Building Division, as defined in Section 829.5 of the California Penal Code. Code enforcement officers shall be authorized to perform enforcement duties identified in this article and as otherwise defined by applicable state and local law.

Code enforcement officers shall be under the direct supervision of the Building Official, or his or her designee, who shall serve as the appointing and supervising authority for all code enforcement personnel assigned to the division. The Building Official may designate a Code Enforcement Officer II to serve as section supervisor.

The Building Official is authorized to appoint deputy officers, inspectors, and other technical personnel necessary to carry out the functions of the Building Division, including the Code Enforcement Section, in accordance with the City's personnel rules and the concurrence of the City Manager.
2-26.3: DESIGNATION AS PUBLIC OFFICER; CITATION AND ARREST AUTHORITY:

Code enforcement officers are hereby designated as public officers of the City of Porterville within the meaning of Section 836.5 of the California Penal Code. Pursuant to the authority granted to the City's governing body under Penal Code Section 836.5(d), code enforcement officers assigned to the Code Enforcement Division are hereby authorized by ordinance to:
(A) Make arrests without a warrant whenever the officer has reasonable cause to believe that a person has committed a misdemeanor in the officer's presence that constitutes a violation of any statute or ordinance the officer has a duty to enforce; Ordinance No. 1934

(B) Issue criminal citations (written notices to appear) for misdemeanor and infraction violations of applicable state codes and City ordinances, pursuant to Penal Code Section 836.5 and Section 853.6;
(C) Issue administrative citations for violations of applicable state codes and City ordinances, pursuant to any administrative citation authority conferred by City ordinance; and (D) File formal complaints with the City Attorney or other appropriate prosecutorial authority for prosecution of unresolved violations.

This authority shall apply only while the officer is acting within the scope of his or her official duties and only with respect to statutes, regulations, or ordinances the officer has a duty to enforce.

Code enforcement officers, as defined under Penal Code Section 829.5, are not peace officers as defined in Penal Code Chapter 4.5 (commencing with Section 830) and shall not exercise peace officer powers beyond those specifically conferred by this article and applicable state law. 2-26.4: DUTIES:

The duties of code enforcement officers shall include, but are not limited to:
(A) Investigating complaints and conducting proactive inspections of properties within the City for violations of applicable codes, ordinances, and regulations; (B) Identifying and abating hazardous conditions that threaten the life, health, safety, and welfare of the public, occupants, or neighboring properties; (C) Issuing notices of violation, correction notices, notices to vacate, stop-work orders, and orders to abate, as appropriate;
(D) Documenting violations and maintaining accurate case files and enforcement records; (E) Working collaboratively with property owners, tenants, and responsible parties to achieve voluntary compliance wherever feasible; and
(F) Referring matters requiring prosecution, receivership, injunctive relief, or other judicial action to the City Attorney or appropriate authority.
2-26.5: ENFORCEMENT AUTHORITY; APPLICABLE CODES:

Code enforcement officers shall have authority to enforce the provisions of all applicable state and local codes, regulations, and ordinances, including but not limited to:
(A) The Porterville Municipal Code;
(B) The California Building Code (CBC), Title 24, Part 2; (C) The California Residential Code (CRC), Title 24, Part 2.5; (D) The California Fire Code (CFC), Title 24, Part 9;
(E) The California Electrical Code (CEC), Title 24, Part 3; (F) The California Mechanical Code (CMC), Title 24, Part 4; Ordinance No. 1934

(G) The California Plumbing Code (CPC), Title 24, Part 5; (H) The California Energy Code, Title 24, Part 6;
(I) The California Green Building Standards Code (CALGreen), Title 24, Part 11; (J) The California Health and Safety Code, including but not limited to Division 13, Part 1.5 (State Housing Law, commencing at Section 17910); Division 13, Part 2 (Hotel and Motel Regulations); and related provisions governing substandard buildings and nuisance abatement; (K) The California Business and Professions Code, to the extent applicable to building, contractor, and license requirements;
(L) The Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings, as locally adopted;
(M) Applicable provisions of the California Labor Code; (N) Applicable provisions of the California Government Code, including but not limited to police powers conferred under Section 54988 and related provisions; (O) Any other state or local code, regulation, standard, or ordinance assigned to the Code Enforcement Division by the Building Official or City Manager.

Code enforcement officers shall enforce all such codes as they may be amended from time to time. The Planning and Engineering Director may, by written directive, designate additional codes or ordinances for enforcement by the Building Division and Code Enforcement Section. 2-26.6: INSPECTION AUTHORITY; WARRANTS:

Code enforcement officers are authorized to enter and inspect any building, structure, premises, or property within the City at reasonable times for the purpose of investigating violations of the codes and regulations identified in Section 2-26.5, or of ascertaining compliance with any notice, order, or permit issued under those codes.

Where the owner, occupant, or responsible party consents to entry, no warrant shall be required.

Where consent is denied or cannot be obtained, code enforcement officers shall seek an administrative inspection warrant pursuant to the procedures set forth in the California Code of Civil Procedure, commencing at Section 1822.50.

Nothing in this section shall limit the authority of officers to enter and inspect without a warrant where exigent circumstances exist, consent is expressed or implied, or where otherwise authorized by applicable law.
2-26.7: ADMINISTRATIVE AND LEGAL REMEDIES:

In addition to citation authority, code enforcement officers and the Building Official shall have authority to employ the following remedies as authorized by applicable state and local law:
(A) Issuance of notices of violation and orders to correct, with specified compliance deadlines; (B) Issuance of orders to vacate unsafe structures pursuant to California Health and Safety Code Section 17980 and related provisions;
Ordinance No. 1934

(C) Imposition of administrative fines and penalties pursuant to applicable City ordinance; (D) Abatement of public nuisances, with cost recovery against the responsible property owner, pursuant to applicable City ordinance and California Government Code Section 38771 et seq.; (E) Recordation of notices of violation against property title pursuant to California Health and Safety Code Section 17985 and applicable local ordinance; (F) Referral to the City Attorney for civil injunctive relief, nuisance abatement litigation, or receivership proceedings pursuant to California Health and Safety Code Section 17980.7 (as amended, including by SB 1465, effective January 1, 2025, which extended receivership authority to non-residential substandard buildings); and
(G) Revocation or withholding of building permits, certificates of occupancy, or business license sign-off pending resolution of outstanding code violations, in coordination with the Building Official and other applicable departments.
2-26.8: COMPLIANCE; VOLUNTARY AND COMPELLED:

Code enforcement officers shall make reasonable attempts to work with property owners, occupants, and responsible parties to obtain voluntary compliance with applicable codes and regulations. Outreach, education, and good-faith negotiation of reasonable compliance timelines are encouraged where such efforts are consistent with public safety.

Voluntary compliance efforts shall not preclude the use of administrative or legal remedies where violations present an immediate threat to public health or safety, where a responsible party has failed to comply within a reasonable time, or where circumstances otherwise warrant formal enforcement action. The Building Official retains final authority over enforcement strategy and prioritization within the division.
2-26.9: COORDINATION WITH OTHER DEPARTMENTS AND AGENCIES:

Code enforcement officers shall work collaboratively with other City departments, including but not limited to the Fire Department, Public Works, Community Development, Parks and Leisure Services, Finance, and Police, as well as with other local, state, and federal agencies, as needed to carry out the purposes of this article.

Where a matter within the Code Enforcement Section's jurisdiction involves fire and life safety issues regulated by the California Fire Code or other standards under the authority of the Fire Marshal, the Building Official shall coordinate with the Fire Marshal as appropriate and may refer specific matters to the Fire Department for concurrent or independent enforcement action under the Fire Department's independent statutory authority.

This ordinance shall be in full force and effect thirty (30) days from and after its publication and passage.
/ / /
/ / /
Ordinance No. 1934

PASSED, APPROVED AND ADOPTED this 18th day of August, 2026. __________________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: _____________________________________
Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 17.

CITY COUNCIL AGENDA – AUGUST 18, 2026
SUBJECT: Second Reading - Ordinance No. 1935 - Amending Chapter 15 of the Porterville Municipal Code Pertaining to Business Licenses
SOURCE: Administrative Services
COMMENT:

Ordinance No. 1935, an ordinance of the City Council of the City of Porterville, amending Chapter 15 of the Porterville Municipal Code pertaining to Business Licenses, including the transfer of administration of the City's Business License Program to the Planning and Engineering Department and related administrative updates.

RECOMMENDATION: That the Council give Second Reading to Ordinance No. 1935, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1935
Appropriated/Funded: Not Applicable
Review By:

Department Director:

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

ORDINANCE NO. 1935

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE AMENDING CHAPTER 15 OF THE PORTERVILLE MUNICIPAL CODE

PERTAINING TO BUSINESS LICENSE
WHEREAS, the City desires to enforce the Porterville Municipal Code and the City's ordinances in the most efficient manner possible, the proposed ordinance relocates the Business License function from the Finance Department to the Planning and Engineering Department and;
WHEREAS, the amendments also modernize and clarify the City’s Business License authority by defining the organization, supervision, and coordination with other City departments.

WHEREAS, the proposed ordinance does not eliminate or diminish the independent statutory authority of the Finance Director, or any other City official granted enforcement authority by Ordinance or state law. It provides organizational clarity by placing responsibility for the City’s general municipal business license program within the Planning and Engineering Department removing and replacing the authority from the Finance Director to the Director of Planning and Engineering Department;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE DO ORDAIN, AS FOLLOWS:
15-1: DEFINITIONS:

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

ADVERTISING SOLICITOR: Any person who goes from place to place within the city selling or offering to sell advertising service using any advertising method.

AMUSEMENTS, AMUSEMENT RIDES: One or more merry-go-rounds, exhibitions, flying horses, Ferris wheels, or other similar devices.

ARCADE: A commercial establishment containing any combination of five (5) or more apparatuses, devices and/or machines operated by payment of fees and where the apparatus, devices and/or machines make possible a game or contest.

AUCTION SALES: All sales by auction of personal and/or real property.

BUSINESS: Professions, trades and occupations, and all and every kind of calling whether or not carried on for profit.

CARD ROOM: Any room in which there are card tables used, kept or intended for use in the playing of any kind of legal card game where the same is conducted as a business or in connection with a business.

CARNIVAL: A group of two (2) or more shows, entertainments, games, devices, mechanical rides, amusements, vaudeville or dramatic or minstrel performance, or games, tricks, devices or Ordinance No. 1935

wheels, the result of the operation of which is dependent upon chance or skill, and as a result of the operation of which things or representatives of value are given or paid. The charging of a single admission fee to a carnival shall not limit the provisions of this chapter.

CITY: City of Porterville, Tulare County, state of California.

COLLECTOR: The Director of Planning and Engineering or designee of the city and duly authorized assistants and/or deputies of the director.

CONTRACTORS: Means and includes those trades licensed by the state contractors' licensing board.

FIXED PLACE OF BUSINESS OR ESTABLISHED BUSINESS WITHIN THE CITY: A permanent store, office or place where business is legally and regularly transacted from month to month in such manner as business of that nature is generally or customarily carried on and conducted and when the circumstances show an intention to become an established, fixed and continuous part of the regular and legitimate business life of the city. In questionable cases, such facts must be shown by the exhibition of a bona fide lease or rental agreement to the premises where such business is to be conducted, such lease or rental agreement to be for a minimum period of not less than ninety (90)
days.

FLEA MARKET OR SWAP MEET: Any collection of two (2) or more vendors gathered together in a common area segregated by spaces, booths or other designated selling locations for the purpose of selling, offering to sell, bartering, or offering to barter, or any combination thereof, goods, wares, merchandise or articles of value. This definition shall be liberally construed so as to apply to any activity commonly known and referred to as a flea market, swap meet, or farmers' market.

FLEA MARKET OR SWAP MEET OPERATOR: Any person, corporation or organization conducting, managing or engaging in the business of operating a swap meet, flea market, or farmers' market.

FLEA MARKET OR SWAP MEET VENDOR: Any person, corporation or organization, and all employees and agents thereof, who purchases or acquires a space or spaces from a flea market or swap meet operator, or who purchases or acquires the right to be on the premises for the purpose of operating a business at a flea market, swap meet, or farmers' market.

GOING OUT OF BUSINESS SALE: A sale held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued, including, but not limited to, the following types of sales: adjusters; adjustment; alteration; assignees; bankrupt; benefit of administrator; benefit of creditors; benefit of trustees; building coming down; closing; creditors committee; creditors; end; executors; final days; forced out; forced out of business; insolvent; last days; lease expires; liquidation; loss of lease; mortgage sale; receivers; trustees; quitting business; going out of business.

GOODS: Any goods, wares, merchandise or other personal property capable of being the objects of a sale regulated hereunder.

GROSS RECEIPTS: Shall include the total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross Ordinance No. 1935

receipts" shall be all receipts, cash credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Included in "gross receipts" as concerns telephone companies shall be only those receipts derived from providing telephone service within the city and only receipts resulting from intrastate telephone service. Excluded from "gross receipts" shall
be cash discounts allowed and taken on sales; credit allowed on property accepted as part of the purchase price and which property may later be sold; any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; such part of the sale price of property returned by purchasers upon recession of the contract of sale as is refunded whether in cash or by credit; amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those from whom collected.

Note: All receipts of a business should be included under gross receipts with the following exceptions:

A. Cash discounts allowed.

B. Trade in allowances.

C. Sales tax.

D. Excise tax.

E. Any other tax included in or added to the price of the product.

F. Sales return allowances.

G. Amounts collected as an agent which are to be paid to others. (An example of this might be a down payment collected by a realtor or a stock purchase price collected by a stockbroker.)
INSURANCE BROKER: A person who, for compensation and on behalf of another person, transacts insurance other than life with, but not on behalf of, an insurer.

ITINERANT VENDOR OR ITINERANT MERCHANT: All persons, both principal and agent, who engage in a temporary or transient business in the city, selling or offering to sell goods, wares or merchandise or any other thing of value, with the intention of conducting such business for a period of less than ninety (90) days, and who for the purpose of such business hires, leases or occupies any room, doorway, vacant lot, building or other place, for the exhibition for sale of goods, wares, merchandise or other thing of value. If any such place, occupied or used for such business, is rented or leased for a period of less than ninety (90) days, such fact shall be presumptive evidence that the business carried on therein is a transient business; and any person so engaged shall not be relieved from the provisions of this section or from payment of the license taxes herein provided for such business, by reason of any temporary association with local dealer, trader, merchant or auctioneer. The provisions of this definition shall not apply to commercial travelers or selling agents, selling their goods exclusively to merchants, dealers or traders, whether selling for present or future delivery, by sample or otherwise, nor to peddlers, as the same is defined in this chapter. Further, the provisions of this definition shall not apply to persons selling fruit, vegetables, eggs, butter or other farm or ranch products of their own farm or dairy, exclusively, nor shall it apply to food products defined as "cottage foods" pursuant to the Health Ordinance No. 1935

And Safety Code, live plants or plant cuttings, or homemade arts or crafts when such items are offered for sale by the preparer at a coordinated farmers' market or similar event approved through the city.

PAID PROMOTER: Every person, and each agent or representative of such person conducting, carrying on or managing, for any compensation whatsoever, the business of selling tickets for, or promoting by advertising or otherwise, any activity within the city.

PARADE: Any march or procession consisting of persons, animals, or vehicles, or a combination thereof, except funeral processions, upon any public street, sidewalk, alley, or public place, which march or procession does not comply with normal and usual traffic regulation or control.

PEDDLER: Any person who goes from house to house, place to place, or in or along the streets, within the city selling or offering to sell, barter or exchange, and making or offering to make immediate delivery of any goods, wares, merchandise or anything of value, in the possession of the peddler to persons other than manufacturers, wholesalers, jobbers or retailers of such commodities; provided, that a producer who furnishes directly and delivers any poultry, eggs, butter, fruit, vegetables or meat being exclusively the produce of his own garden, farm, ranch, or dairy to persons within the city, shall not be deemed a peddler within the meaning of this definition.

PERSON: All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, societies, and individuals transacting and carrying on any business in the city other than as an employee.

PERSONAL LOANS OR SUPPLIER OF FINANCING: Every person who either for himself or any other person engages in the business of loaning money, advancing credit, loaning credit, whether security of any kind (personal or real property) is taken for such loan or advance or not, or purchasing or discounting of any obligation of money due or to become due or any evidence of any obligation of money due, whether such obligation is secured or guaranteed or not. Nothing in this definition shall be deemed or construed to apply to any person conducting a banking business or financial corporation exempt under the laws of California, or to persons required to be licensed by the state of California under provisions of the "personal property brokers act", or to the holder of a pawnbroker's license.

QUARTER: A period of three (3) calendar months. The "quarter" as referred to in this chapter shall commence on the first days of July, October, January, and April and end on the last days of September, December, March and June. A quarter shall include any fraction thereof.

RECYCLABLE WASTE HAULER: Any person who goes from place to place, or business to business, within the city collecting and hauling recyclable waste materials such as bottles, cans, cardboard, oil, paper or paper products, or any other substance for the purpose of reclamation or other use. Nothing in this definition shall be deemed or construed to apply to any person conducting business as a junk dealer.

REMOVAL OF BUSINESS SALE: A sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place upon disposal of the stock of goods on hand and then will remove to and resume business at a new location in the city or will continue business from other existing locations in the city.

Ordinance No. 1935

SEMIANNUAL: A period of six (6) calendar months. The semiannual period as referred to in this chapter shall commence on the first days of July and January and end on the last days of December and June. A semiannual period shall include any fraction thereof.

SOLICITOR OR CANVASSER: Any person who goes from house to house or from place to place within the city, selling or taking orders for, or offering to sell or take orders for, any goods, wares or merchandise or any article, for future delivery, or selling or taking orders for any service or services to be furnished or performed in the future at any place within the city other than a fixed place of business, or for making, manufacturing, treating or repairing of any article or thing whatsoever, for future delivery.

STREET VENDORS/PUSH CART VENDORS: Every person conducting, carrying on or managing the selling or offering for sale any food, beverages, goods, wares, merchandise of any type including, but not limited to, plants, flowers, toys, paintings, furniture, or rugs, or articles of personal property, in his/her possession, if the offer for sale occurs from a basket, box or any other type of receptacle, stand, wagon, motor vehicle, push cart, or any other type of vehicle. 15-20: REGULATIONS:

A. Card Tables:

1. Conformance With State Law: It is the stated purpose of this subsection to regulate card rooms, licenses and permits in the city of Porterville concurrently with the state of California, and to impose local controls and conditions upon establishments operating card rooms and card tables as permitted in the "gambling control act" as codified in division 8, chapter 5 of the California Business and Professions Code.

2. Licenses: Each card table shall be assigned a separate license with such license designating the number of the table and the location of the table, and the exact place of business where such card table is to be maintained. The operator shall attach to each licensed table a metal identification number, which shall be plainly visible at all times; and no license or identification number shall be transferable; provided, however, that it may be moved to a new location with the approval of the city council.

3. Hours Of Operation: Playing at all card tables shall absolutely cease and terminate at two o'clock (2:00) A.M. of each day; and it is hereby declared to be unlawful for any person to deal, participate in, play, carry on or bet at, against, rent, open up, carry on, conduct or have charge of or to control any card table in the city between the hours of two o'clock (2:00) A.M. and seven o'clock (7:00) A.M. of each day.

4. Patron Security And Safety: All licensees shall have in effect a security plan to address the safety and security of patrons in and around the card room. The plan, and any amendments thereto, must be filed with and approved by the chief of police. The licensee shall be liable for the security and safety of its patrons to the extent required by law. Any information about security measures that is provided to the city by an establishment operating a card table shall be confidential and not open to public inspection. The physical arrangements of the gambling area and parking lots of the establishment operating card tables shall meet the requirements and specifications determined necessary by the chief of police for the security and safety of citizens, patrons, and police officers. During all Ordinance No. 1935

hours of operation, the outside doors to the establishments wherein card tables are operated and the main doors to rooms wherein the tables are located must be unlocked and accessible to the general public. Any part and all of the establishment where a card table is operated shall be open to police inspection during all hours of operation.

5. Wagering Limits: Unless otherwise authorized by the chief of police based upon a finding of necessity because of the rules relating to a particular game, a maximum of ten (10) hands may be dealt at any one table. The maximum number of persons who may participate in play at a table may be limited by the licensee consistent with the provisions of this chapter, provided that in any event, the number of persons present in any establishment or room shall not exceed the occupant load as otherwise prescribed by law. There shall be posted in a conspicuous place on the establishment premises the minimum buy-in and wagering limits. Not later than July 1 of each calendar year, the licensee shall execute under penalty of perjury and file with the chief of police a declaration stating the following: a) the minimum buy- in, table and wagering limits and any and all charges or other fees assessed of all players at a table; and b) a set of the then current posted detailed house rules applicable to the games played. There is no wagering limit imposed by this subsection. However, all wagering limits fixed by the licensee shall be posted as required in this subsection, and shall comply with all state laws and all ordinances of the city.

6. Number Of Gambling Tables: Not more than three (3) card tables shall be located at each establishment. Not more than nine (9) tables total shall be located in the city of Porterville, and not more than three (3) establishments operating such tables shall be located in the city of Porterville.

7. Location: No license shall be issued except for a location deemed suitable by the city council.

8. Permit Required For Dealers And Employees: All card room dealers and employees shall be required to obtain a permit from the chief of police. In addition, all card room dealers and employees are required to submit to a fingerprint based criminal history background check by the department of justice. Permit applicants are responsible for all fees charged for applying for and obtaining the permit and submitting to the background check. The chief of police shall deny said permit for any of the following reasons, as set forth in California Business and Professions Code section 19850A(a):
a. Failure of the applicant to clearly establish eligibility and qualification in accordance with California Business and Professions Code, division 8, chapter 5; b. Failure of the applicant to provide any information, documentation, and assurances required by said chapter of the Business and Professions Code or requested by the director of the division of gambling control, department of justice, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria;
c. Conviction of the applicant for any crime punishable as a felony; Ordinance No. 1935

d. Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the ten (10) year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to sections 1203.4, 1203.4a and 1203.45 of the California Penal Code; e. Association of the applicant with criminal profiteering activity or organized crime, as defined by section 186.2 of the Penal Code;
f. Wilful and obstinate defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; official corruption related to gambling activities; or criminal profiteering activity or organized crime, as defined by section 186.2 of the Penal Code; or g. The applicant is less than twenty-one (21) years of age.

The department of justice's division of gambling control may object to the issuance of a work permit by the city for any cause deemed reasonable by the division.

9. Revocation And Appeal:
a. By The Chief Of Police: The chief of police may refuse to issue or may revoke the permit of a card room dealer or employee at any time if, in his judgment, such action is necessary. A person whose application for a permit is denied or a person whose permit is revoked, if the decision to deny or revoke was made solely by the chief of police, may appeal the action of the chief of police to the city council in accordance with the procedure set forth in subsection 15-13B of this article. b. By The Division Of Gambling Control: If the division objects to the issuance of a work permit, the permit shall be denied. Any person whose application for a work permit has been denied because of an objection by the division may apply to the California gambling commission for an evidentiary hearing in accordance with regulations. In addition, the California gambling control commission may notify the chief of police to revoke a work permit, if the commission makes the necessary findings after a hearing, pursuant to California Business and Professions Code section 19912A.

B. Coin Operated Machines:

1. Contents Of Applications: At the time a license is applied for, the applicant shall give the serial number, and kind or character of such machine.

2. Display Of License Or Stamp: No person shall maintain any vending, weighing, entertainment or amusement machine within the city without having posted thereon in a conspicuous place a stamp or label, which shall be issued and supplied by the collector, which stamp or label shall indicate the number of the license, together with the date of expiration thereof; and in the event any duly qualified officer of the city finds any such machine being maintained in the city without such stamp or label being maintained thereon in a conspicuous place, or without such stamp or label indicating that there is a valid and unexpired license issued covering such machine, it shall be his duty to seize and Ordinance No. 1935

hold such machine for the payment of the license tax, which machine shall be disposed of upon the nonpayment of such tax as provided by the laws relative thereto.

3. Transfer Of License: In the event any person discontinues maintaining any vending, weighing, entertainment or amusement machine duly licensed pursuant to this chapter during a period when such license remains unexpired, the licensee may substitute another similar machine in place of the machine, the use of which is so discontinued, and may maintain such substituted machine without the payment of an additional license tax for the unexpired period of the license carried on such discontinued machine; provided, however, that such person surrender the unexpired license of such discontinued machine to the collector and obtain from the collector a new license for such unexpired period for the replacing machine.

4. Location Of Machines: No license as provided in this chapter shall be issued for the maintaining of any vending, weighing, entertainment or amusement machine upon any public street, sidewalk, alleyway or court within the city.

C. Junk Dealers And/Or Collectors:

1. Permit Required: Before any person shall engage in the city in the business of buying or selling old rope, brass, copper, tin, lead, rags, slush, empty bottles, paper, bagging, or other junk whether at a fixed place of business or as an itinerant peddler, he shall make application to the city council for a permit to engage in such business. Such application shall be referred to the chief of police, who shall make an investigation concerning the character of the applicant, and within seven (7) days shall report thereon to the city council. Upon receiving such report, the city council shall grant or deny the applicant a permit to engage in such business, and such permit shall be granted unless it shall appear from such report of the chief of police that the applicant is not a person of good moral character, or has not a good character in respect to honesty and integrity; provided, however, that no such permit shall be granted unless the city council find that such applicant, or if the applicant be a corporation, the manager thereof, has been a resident of the city for not less than ninety (90) days prior to such application.

2. Registration Of Purchases: Every person maintaining or operating a junk shop or junkyard shall keep at his place of business a substantial well bound book, and shall promptly enter therein an exact description of all personal property purchased by him or it, the date of purchase, name and residence or place of business of the person from whom purchased, and all particular or prominent marks of identification that may be found on such property. Such book shall be kept neat and clean, and all entries made therein shall be neatly and legibly written in ink. Such book shall at all times during the ordinary hours of business be open to the inspection of the chief of police, or any other city officer.

3. Required Holding Period: All junk purchased by owners or keepers of junk shops or junkyards shall be held for a period of at least nine (9) days before the same shall be sold.

4. Pawning And Pledging Prohibited: No owner or keeper of a junk shop or junkyard shall receive any personal property by way of pledge or pawn, nor shall any owner or keeper Ordinance No. 1935

of a junk shop or junkyard engage in the business of pawnbroking on the same premises wherein a junk shop or junkyard is located.

5. Hours Of Business: No junk peddler shall purchase or collect any junk in the city between the hours of six o'clock (6:00) P.M. and six o'clock (6:00) A.M.

6. Revocation Of Permit: The city council may revoke the junk dealer permit granted to any person upon failure of such person to conduct and carry on such business in accordance with the provisions of this subsection; and such permit may likewise be revoked, if in the conduct of such business, any law of the state, county or city be violated.

7. Places Of Business: It shall be unlawful for any owner, tenant or lessee of any premises in the city, or the owner, tenant or lessee of any trailer house, trailer, truck, automobile, motor vehicle or other vehicle to keep, place or maintain thereon, or to permit the keeping, placing or maintaining thereon, of any trailer house, trailer, truck, automobile, motor vehicle or other vehicle which is used or which is to be used for a dental or chemical laboratory or for the display or selling of merchandise therein, or to use or permit the use of any trailer house, trailer, truck, automobile, motor vehicle or other vehicle on any premises in the city for business, religious, educational, retail, commissary, shop, storage, office purposes or for other type of commercial retail purpose.

D. Bingo Games:

1. Bingo Games Allowed Only By Eligible Organizations With Proper City Permit: Bingo games within the city are illegal except those organizations exempted from the payment of the bank incorporation tax by sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the California Revenue and Taxation Code and by mobile home park associations and senior citizens' organizations; provided, that the proceeds of such games are used only for charitable purposes; and provided, that these eligible organizations have applied for and received the proper city bingo license and conformed to section 326.5 of the California Penal Code and the provisions of this chapter.

2. Application And Fee For License: Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application, in writing, to the office of the Director of Planning and Engineering on a form provided by the city. The issuing authority shall be the Director of Planning and Engineering, after approval of the chief of police. The license shall be for a term of one year from the date of issuance. The license fee, whether for the initial license or renewal, will be fifty dollars ($50.00) annually. If an application for a license is denied, one-half (1/2) of the license fee paid shall be refunded to the organization.

3. Contents Of Application: Said application for a bingo license shall obtain the following information:
a. The name, address, date, place of birth, physical description and driver's license number of every officer of the charitable organization. b. The name, address, date, place of birth, physical description and driver's license number of not more than twenty (20) members who will be authorized to operate the licensed bingo games on behalf of the organization.

Ordinance No. 1935

c. The particular property within the city including the street number owned or leased by the applicant, and used by such applicant for an office or for the performance of the purposes for which the applicant is organized, on which property bingo games will be conducted together with the occupancy capacity of such place. d. The proposed days of week and hours of day for conduct of bingo games. e. That the applicant agrees to conduct the bingo games in strict accordance with section 326.5 of the California Penal Code and this chapter as they may be amended from time to time and agrees that the license to conduct bingo games may be revoked by the chief of police when there is a violation of this chapter or other applicable laws. f. The application shall be signed by said applicant under penalty of perjury. g. The annual license fee shall accompany the application. h. The applicant shall also submit, with its application, a certificate or determination of exemption under section 23701d of the California Revenue and Taxation Code, or a letter of good standing from the exemption division of the franchise tax board in Sacramento, showing exemption under said section 23701d.

4. Investigation Of Applicant: Upon receipt of the completed application and the fee, the Director of Planning and Engineering shall refer the application to the appropriate departments of the city for investigation, as to whether or not all the statements in the application are true, and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property in which bingo games may lawfully be conducted, as to fire, occupancy and other applicable restrictions.

5. Contents Of License: Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games within the city, and the police department has investigated the application, the Director of Planning and Engineering shall issue a license to said applicant, which shall contain the following information:
a. The name and nature of the organization to whom the license is issued. b. The address where bingo games are authorized to be conducted. c. The occupancy capacity of the room in which bingo games are to be conducted. d. The days of the week and times during which games may be conducted. e. The date of the expiration of such license.
f. Such other information as may be necessary or desirable for the enforcement of this subsection.

6. Consent: The application for or acceptance of a license constitutes:
a. Consent to the entry of any pubic officer or peace officer to investigate the location identified in the application before the issuance of a license, as well as during any game thereafter.
b. Consent to the chief of police or his agents to review or audit the charitable organization's records relating to the conduct of bingo games into the special account required by California Penal Code section 326.5(j) for the purposes of verifying Ordinance No. 1935

compliance with the financial interest and special fund requirements of Penal Code section 326.5 and with this chapter and with all other applicable laws and regulations.

7. Violation A Misdemeanor: Any person who conducts a bingo game without the proper license as required by this chapter, or who operates a bingo game in violation of any of the requirements of this chapter, or who operates any bingo game after the suspension or revocation of a bingo license is guilty of a misdemeanor.

8. Summary Suspension Or Revocation: The chief of police may suspend or revoke a license for any violation of the provisions of this subsection or of any applicable law or regulation, or for any false misleading or fraudulent statement of a material fact in the application for the license, or in the promotion, supervision, operation, conduct or staffing of any bingo game.

9. Notice Of Suspension Or Revocation: When it appears that there is probable cause for a suspension or revocation, the chief of police shall prepare a written statement showing the cause and the specific action to be taken. This written notice shall be served on an officer or member of the organization listed on the license application.

10. Appeal Process:
a. After receiving the written notice of suspension or revocation, the affected licensee may file a written request for an appeal hearing with the city manager.

The decision of the city manager will be final. The written request for an appeal hearing must be filed with the city manager’s office no later than seven (7) calendar days after receiving the written notice of suspension from the chief of police.
b. This appeal hearing must be held within thirty (30) days of the request being filed with the city manager. Upon the conclusion of the appeal hearing, the city manager shall issue his or her written decision within ten (10) days. c. Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is the cancellation of the exemption granted under section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

11. Definition Of Bingo: As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols designated on a card which conform to numbers or symbols selected at random.

12. Maximum Amount Of Prize: The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

13. Profits To Be Kept In Separate Fund Or Account: All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The licensee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, Ordinance No. 1935

supervision and any other phase of bingo games which are authorized by this chapter.

The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and licensee shall fully cooperate with the city by making such records available.

14. Financial Interest In Licensee Only: No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game.

15. Exclusive Operation By Licensee: A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage or salary from bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any phase of such game.

16. Bingo Games Open To Public: All bingo games shall be open to the public, not just to the members of the licensee organization.

17. Attendance Limited To Occupancy Capacity: Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire department and building department of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

18. Bingo Games Conducted Only On Licensee's Property: A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Nothing in this subsection should be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

19. Bingo Cards: Only preprinted cards that bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinances" are to be used in any bingo game.

20. Minors Not To Participate: No person under the age of eighteen (18) years of age shall be allowed to participate in a bingo game.

21. Intoxicated Persons Not To Participate: No person who is obviously intoxicated shall be allowed to participate in a bingo game.

22. Hours Of Operation: No licensee shall conduct any bingo game more than ten (10) hours out of any twenty four (24) hour period. No bingo game shall be conducted before ten o'clock (10:00) A.M. nor after twelve o'clock (12:00) midnight of any day.

Ordinance No. 1935

23. Participant Must Be Present: No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

24. Receipt Of Profit By A Person A Misdemeanor Under State Law: It is a misdemeanor under section 326.5(b) of the Penal Code of the state of California for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the city.

25. City May Enjoin Violation: The city may bring an action in a court of competent jurisdiction to enjoin a violation of section 326.5 of the California Penal Code or of this subsection.

26. Severability: If any portion of this subsection 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 portion of this subsection. The city council hereby declares that it would have adopted this subsection and each portion thereof, irrespective of the fact that any one or more sections, subsections or portion be declared invalid or unconstitutional.

E. Community Civic Events:

1. City Council Findings: The city council finds and declares that it has historically closed city streets in portions of the downtown area, for the purpose of assisting certain community and regional events benefitting the city, the community at large, and nonprofit organizations operating in the city. Control over the operation of these community civic events has traditionally been turned over to the entity sponsoring the event. The city council finds and declares that there is a need to provide written guidelines and regulations on how these community civic events shall operate.

2. Purpose: The purpose of this subsection is to establish a legal framework for the operation of community civic events, to set forth minimal requirements for sponsors of these events, to meet the need for order and control during these events, and to ensure that the theme or character of the event is maintained, and that use of public property is compatible with the event.

3. Definition: "Community civic event" (hereafter referred to as "CCE") shall mean the sponsoring and conducting by a nonprofit organization of a civic, artistic, cultural, charitable, educational, veteran or benevolent activity of community interest. The council shall require reasonable proof of the nonprofit status of the sponsoring organization.

4. Participation: Participation in a CCE and use of public right of way shall be limited to those members of the sponsoring organization, in good standing with the organization, and those persons and vendors as may be approved by the sponsoring organization.

5. Permit Required: The CCE sponsor shall obtain a CCE permit from the city not less than thirty (30) nor more than one hundred eighty (180) days before the commencement date of the proposed permit activities; provided, that the council may waive these time requirements if it determines such a waiver to be in the public interest. Upon receipt of Ordinance No. 1935

an application, the business license clerk shall circulate the application to the following departments for comments and approval: police department, fire department, finance department, Planning and Engineering department, public works department, parks and recreation department, and risk management department. These departments may impose terms and conditions upon the CCE permit and issuance and approval of the permit is conditioned upon compliance with the required conditions. At a minimum, the permit shall include conditions for holding the city harmless, maintaining minimum limits of liability insurance in accordance with city standards, providing security and traffic control, providing adequate restroom and sanitation facilities, and paying for the cost of city services. The nonprofit sponsor of the CCE shall be exempt from a license fee. Said permit shall be valid for a maximum of four (4) consecutive days. If an event runs for four (4) consecutive days, one of those days must include a Saturday, Sunday or national holiday. No person or sponsoring organization shall fail to keep the permit, at all times, at the place where the activities are being conducted, nor fail upon demand therefor to exhibit such permit to any public officer. The permit may be revoked for noncompliance with the conditions of the permit and the provisions of this subsection. Revocation may be made by the council, city manager, chief of police, or their designees. If the grounds for revocation occur during the CCE, the council, city manager, chief of police or their designee shall first advise the CCE sponsor of the grounds for revocation and provide an opportunity to correct the same. The permit may also be revoked during the CCE if fire or another emergency requires the CCE to be terminated to protect the public safety. When the permit is revoked for this reason, all CCE participants must immediately comply with instructions from any city police officer or fire department personnel.

6. Application: The application for the CCE permit shall contain:
a. The name of the applicant, the sponsoring organization, the CCE chairperson, and the addresses and telephone numbers of each.
b. The location and outside perimeter of the CCE area, indicated upon a map of the area.
c. The date and times at which the CCE activities are to take place. d. A description of the CCE activities which will be conducted.

A preliminary list of persons who will be engaging in the CCE, and a preliminary list of persons engaging in temporary selling activities at any time during the dates and times for which a temporary selling permit has been granted shall be furnished to the city no later than one week before the CCE is to take place. An amended list of all participants is required to be submitted in conjunction with the payment of business license fees per subsection E16 of this section.

The council shall cause such application to be investigated and shall grant the permit if it determines that the proposed CCE activities will not disrupt to an unreasonable extent the movement of vehicular or pedestrian traffic or create a hazard to the public; that the proposed CCE activities are not of a size or nature that requires the diversion of so great a number of police personnel to regulate such CCE activities that it prevents reasonable police protection for the city; that the concentration of persons, equipment and materials is not so great in the CCE areas that it would prevent proper fire, police and ambulance protection; and that the CCE permit Ordinance No. 1935

applicant agrees to be responsible for cleanup necessitated by the proposed activities. The council may, in its discretion, require a cleanup deposit to guarantee that cleanup takes place.

The council shall condition the granting of permits upon compliance with the provisions of this subsection and also with such other conditions as the council may deem necessary to impose for the proper protection of persons and property.

7. Responsible Party: The sponsoring organization shall be responsible for the CCE and for all necessary planning, physical facilities, equipment, fire lanes, and removal, cleanup, and staffing. The sponsoring organization shall be responsible for any necessary permits and code requirements for the conduct of such CCE as may be required by county and state agencies and coordination with appropriate city departments, such as police and fire. All necessary certificates and approvals by any health or other governmental organization shall be in possession of the person representing the sponsoring entity in such CCE.

8. Management: Subject to the minimum requirements imposed by this subsection, the CCE sponsor shall:
a. Promulgate rules and regulations for the CCE, including rules and regulations to maintain the theme or character of the CCE. A copy of the rules and regulations shall be submitted to the business license clerk prior to the CCE. b. Have control over the terms and conditions under which persons chosen to provide vending services will operate at a CCE including, but not limited to, products sold, hours of sale, fees, vendor locations and issuance of seller permits. c. Take any other actions which are necessary for the efficient management and operation of the CCE.

9. Minimum Requirements: The CCE sponsor shall abide by the following minimum requirements. These minimum requirements shall be deemed a part of the permit conditions and may be supplemented by resolution of the city council. a. Maintain openings between vendor booths or sizes, and at locations and distances, required by the city. The required openings shall be identified on the CCE sponsor's street plan.
b. Not use any permanent or semipermanent paint or other markers to delineate or mark the location or other direction on any public street, sidewalk, alley or parking lot.
c. Not discriminate in the selection of any vendor on the basis of race, color, religion, sex, national origin, or familial status, or violate any law with respect to the selection of any vendor.
d. Require that all vendors obtain and display all appropriate permits, licenses, and certificates, and comply with all applicable federal, state and local laws, ordinances, and regulations.
e. Require that all vendors maintain their spaces in a clean and sanitary condition, including the removal of containers, waste and trimmings before leaving the area.

Ordinance No. 1935

f. Require that vendors take sufficient measures to keep the city storm drain system free from contamination, and require that food vendors take special precaution to keep grease and other waste products off all public streets, sidewalks, alleys and parking lots.
g. Provide on site personnel who can be contacted by appropriate city officials for immediate corrective action either for noncompliance with this subsection or the permit conditions, for emergencies, or for actions deemed necessary by the city official. Such personnel shall be equipped with appropriate means of communication to be made known to the city by the CCE sponsor prior to the CCE. h. Distribute the rules and regulations to each person participating in the CCE.

10. Cost Of CCE: The CCE sponsor will be responsible for the costs associated with the CCE, including, but not limited to, the cost of city services related to the CCE, and the cost of repair of any damage caused to any public property and rights of way, including landscaping. The CCE sponsor may apply to the city council for cooperation in presenting a CCE and request financial assistance for some or all of the costs of city services related to the CCE.

11. Permit To Sell: No person shall sell or offer to sell any item at the CCE except under the authority of a valid permit approved by the CCE sponsor. The CCE sponsor shall designate a person or persons responsible for issuing permits to sell. A seller's permit shall not be required for existing businesses selling merchandise from their stores. Whenever the CCE sponsor in good faith believes that a vendor has violated the conditions of the seller's permit, the CCE sponsor may immediately suspend the seller's permit. Vendors shall have an opportunity to appeal the denial or suspension of a seller's permit as set forth in subsection E20 of this section. Permits to sell shall give a seller (including vendors, peddlers and other sellers) the privilege of selling at the CCE only if the following conditions are met:
a. The seller properly files an application for a permit to sell at the CCE with the CCE sponsor.
b. The seller complies with all federal, state and local laws and regulations relating to the CCE, including the rules and regulations of the CCE sponsor. c. The seller obtains all required permits, licenses and certificates. d. The seller pays all required fees to the appropriate authorities, including any fees due the sponsor.
e. The seller grants permission to the CCE sponsor, or an authorized representative, to enter the seller's premises for the reasonable inspection of land, facilities, and records, in order to determine whether the seller is in compliance with the permit conditions, the rules and regulations of the CCE sponsor, and the terms of this subsection.

12. Peddlers And Itinerant Vendors: All peddler and itinerant vendor permits and licenses issued by the city shall be deemed suspended for the duration of any CCE. All permit and license holders shall be notified of this provision. No person holding a peddler or itinerant Ordinance No. 1935

vendor permit or license shall sell merchandise within the designated CCE area for the duration of any declared CCE unless the holder of the peddler or itinerant vendor permit or license has a written agreement with the CCE sponsor to participate in the CCE, or otherwise has a seller's permit from the CCE sponsor. The CCE sponsor shall allow peddler and itinerant vendor permit and license holders with suspended city permits and licenses under this subsection the same opportunity to participate in a declared CCE as the CCE sponsor offers to other vendors.

13. Sidewalks: The city shall not approve vendor or sidewalk sales or other activities within the closure area for a CCE. The sponsoring entity may allow such sales or events, however selling activity during a parade must take place in conformity with subsection G of this section.

14. Parades: Any person or organization desiring to have a parade as a CCE or in connection with a CCE, and all vendors, peddlers, solicitors, or merchants not located inside a commercial location, shall comply with subsection G of this section in addition to the provisions of this subsection.

15. Interference: It shall be unlawful for any person to interfere with, disrupt or impede a permitted CCE. It shall also be unlawful for a person to put up any booth, table, chair, stool, structure, vehicle or piece of equipment in any public area located within a designated CCE area for which a CCE sponsor has been issued a permit without consent of the CCE sponsor. This subsection E15 shall not apply to persons acting under the direction or control of the city.

16. Business License Fees: Any individual, company, firm, concessionaire, fair operator, carnival operator, etc., who engages in, conducts, organizes, or promotes business for profit shall pay a business license fee of one dollar ($1.00) per day per amusement, entertainment, exhibit, ride or per booth, space, stall, stand or other unenclosed location used for the purpose of advertising, promoting, or sale of, or taking orders for, goods or services; except that no individual, company, firm concessionaire, fair operator, carnival operator, etc., who possesses a valid city business license shall be subject to separate licensing pursuant to this subsection E16. The nonprofit sponsor shall collect said fee and remit the fee to the city within five (5) working days following the CCE. Said remittance shall be accompanied by a complete list of participants and consecutively numbered receipts written in triplicate, containing the name, address and telephone number of the licensee, and the licensee's California seller's permit number. Said receipts shall be furnished by the city. One copy of the receipt shall be furnished to the licensee, one copy filed with the Department of Planning and Engineering, and one copy retained by the CCE sponsor for a period of three (3) years for audit purposes.

17. Charges And Exhibit Fees: The sponsoring entity may impose a reasonable charge or exhibit fee on each participating seller or exhibitor and shall be responsible for enforcing all requirements of this subsection and regulations imposed by the sponsoring entity. Any net profit received by the sponsoring organization shall be utilized for the civic, artistic, cultural, charitable, educational, veteran or benevolent activities of the organization within the city of Porterville.

Ordinance No. 1935

18. Insurance: The council shall condition the granting of a CCE permit upon the sponsoring entity's filing with the council a policy of public liability insurance in which the city has been named as insured or coinsured with the permittee. The policy of insurance shall insure the city, its officers, and its employees against all claims arising out of, or in connection with, the issuance of the CCE permit or the operation of the permittee or its agents or representatives, pursuant to the permit. The policy of insurance shall provide coverage of no less than one million dollars ($1,000,000.00) per occurrence of bodily injury and property damage, combined single limit.

19. Violations: Any person who violates the provisions of this subsection E shall be deemed guilty of either a misdemeanor or an infraction, in accordance with section 15- 21 of this article. In addition, civil penalties of one hundred dollars ($100.00) for a first violation and up to one thousand dollars ($1,000.00) for subsequent violations may be imposed. Every day that any such violation continues shall constitute a separate offense.

In addition, the CCE sponsor is authorized to take civil action to enforce the requirements of this subsection, and the rules and regulations established by the CCE sponsor. The remedies provided herein shall not be exclusive, and the violation of any provision of this subsection E shall be subject to other remedies as may be provided by law.

20. Appeal Of The Denial Or Suspension Of A Seller Permit: After the denial or suspension of a seller's permit, the CCE sponsor shall allow the vendor an opportunity for an appeal hearing before the CCE sponsor's governing board, or if no governing board, the person with the highest decision making authority, to determine if the permit shall be issued, further suspended, reinstated, or revoked for repeated violations. The hearing shall be held within a reasonable time, depending on the date and duration of the CCE, no later than thirty-five (35) days. The CCE sponsor shall establish procedures for the conduct of the hearing. 21. Other Rules And Regulations; Applicability: The CCE sponsor shall comply with all other applicable city ordinances, resolutions, policies, rules and regulations.

22. Compatibility With State And Federal Laws And Constitutions: It is the intention of the city council and the people of the city of Porterville that these subsections shall be interpreted in a manner compatible with the state of California constitution and the United States constitution and the laws of the state of California and the United States.

23. Severability: If any paragraph, sentence, clause or phrase of this subsection are for any reason held to be unconstitutional or invalid, that holding shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed these subsections, irrespective of the fact any one or more sections, subsections, sentences, clauses or phrases might be declared unconstitutional or invalid.

F. Fortune Telling:

1. Purposes And Findings:
a. The practice of "fortune telling", as defined in this subsection, has historically been subject to abuse by certain unscrupulous practitioners using the practice to commit fraud and larceny upon clients.

Ordinance No. 1935

b. It is the purpose of this subsection to regulate the practice of fortune telling in such a manner as to reduce the risk of fraud and larceny to clients while allowing fortune tellers to provide their services to clients with only minimal restrictions. c. The provisions of this subsection requiring a permit, posting of fees, providing receipts and allowing client recordation of the consultation, will make it more difficult for an unscrupulous fortune teller to commit fraud or larceny, and yet, as informational regulations, will not affect the nature of the information conveyed by the fortune teller nor the manner in which it is conveyed. These regulations require only minimal expense and effort on the part of the fortune teller and will not, therefore, impose any undue burden on their practices. d. "Fortune telling" for entertainment purposes, as defined in this subsection, does not create the same risk of fraud and larceny by an unscrupulous practitioner as would the practice with an individual client because it is done with a group at a public place for the purpose of entertaining and not to deal with the private concerns of an individual.
e. For these and other reasons, the provisions of this subsection are necessary to protect the health, safety and welfare of the community.

2. Permit Required: No person shall conduct, engage in, carry on, participate in, or practice fortune telling or cause the same to be done for pay without having first obtained a permit therefor.

3. Definitions: As used in this subsection:

FOR PAY: For a fee, reward, donation, loan or receipt of anything of value.

FORTUNE TELLING: Shall mean and include telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, divination, soothsaying, mantic, necromancy, mind reading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature.

4. Permit Application: Every natural person who, for pay, conducts, engages in, carries on, or practices fortune telling shall file a separate verified application or a permit with the Director of Planning and Engineering, or designee. The application shall contain:
a. The name, home and business address, and home and business telephone number of the applicant.
b. The record of conviction for violations of the law, excluding minor traffic violations.
c. The fingerprints of the applicant on a form provided by the police department. d. The address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.

Ordinance No. 1935

e. A nonrefundable application fee in an amount of one hundred dollars ($100.00) to cover cost incurred by the city in staff time, and other expenses involved in investigation and processing of permit.

5. Investigation: Upon the filing of the application, it shall be referred to the police department for investigation, report and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the Director of Planning and Engineering, or designee, within twenty-one (21) days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

6. Hearing And Decision By Director of Planning and Engineering: The Director of Planning and Engineering, or designee, shall consider the application and the police department report and recommendation at a hearing held not less than seven (7) nor more than fourteen (14) days following receipt of the police department report described in subsection F5 of this section. Notice of the time and place of the hearing and a copy of the police department report shall be given to the applicant personally or by certified mail by the business license officer at least five (5) days prior to the hearing. Any interested parties shall be heard at the hearing. City shall have the burden of proof to show the permit should be denied. The decision of the business license officer to approve, deny or conditionally approve the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the Director of Planning and Engineering, or designee, shall make his or her decision approving, denying, or conditionally approving the permit within twenty-four (24) hours after completion of the hearing on the application for a permit and shall notify the applicant of his or her action by personal service or certified mail.

7. Approval Of Permit: The Director of Planning and Engineering, or designee, shall approve or conditionally approve the permit if he or she makes all of the following findings:
a. All the information contained in the application and supporting data is true; b. The applicant has not, within one year from the date of the application, been convicted of any violation of this subsection or crimes involving prediction of future events by the occult arts, larceny, perjury, bribery, extortion, fraud, or crimes involving moral turpitude;
c. The applicant has paid the required business license fee; and d. The applicant agrees to abide by and comply with all conditions of the permit and applicable laws.

8. Term Of Permit: The term of the permit and the term of the business license shall be for one year from the date of issuance. A renewal application shall be filed no later than thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application.

Ordinance No. 1935

9. Posting Of Fees:
a. Each person required to obtain a permit pursuant to this subsection shall post on his or her business premises a sign containing the following information:
(1) The true name of the fortune telling practitioner;
(2) Each service provided by the fortune telling practitioner; (3) The fees charged for each service provided by the fortune telling practitioner; (4) The statement, "By law, this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates". b. The sign required by this subsection F9 shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the fortune teller. The sign lettering shall be of uniform size with each letter at least one-half inch (1/2") in height. c. If the fortune telling service is provided at a location other than the fortune teller's permanent place of business, the fortune teller shall provide the information required by this subsection on eight and one-half by eleven-inch (8 1/2 x 11") paper and legibly printed or typewritten. The paper shall also include the name and permanent address of the person providing the fortune telling services. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortune telling services.
d. No person shall charge any fee, payment, remuneration, or item of value for fortune telling services in excess of the fees set forth on the sign or paper required by this subsection F9.

10. Receipts: Prior to the acceptance of any money or item of value from a client, other than the acceptance of a gratuitous tip given voluntarily by the client, which is in addition to the fee, the fortune teller shall issue a written receipt to the client, clearly showing:
a. Date;
b. Name of client;
c. Amount of money received or specific description of item of value received; and d. Purpose for which the money or item of value was received.

11. Client's Record Of Consultation: No person engaging in fortune telling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortune teller.

12. Exception Entertainment: The provisions of this subsection shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortune telling at public places and in the presence of and within the hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers.

13. Exception; Religious Practice: The provisions of this subsection shall not be applicable to any person conducting or participating in any religious ceremony or service when such Ordinance No. 1935

person holds a certificate of ordination as a minister, missionary, medium, healer, clairvoyant, or similar position (hereinafter collectively referred to as "minister") from any bona fide church or religious association having a creed or set of religious principles that is recognized by all churches of like faith which provides for fortune telling; provided, that:
a. Except as provided in subsection F13c of this section, the minister's fees, gratuities, emoluments, and profits shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined in this subsection.
b. The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this subsection, shall file with the Director of Planning and Engineering, or designee, a certified copy of the minister's certificate of ordination and the minister's name, age, street address, and telephone number in this city where the activity set forth in this subsection is to be conducted. c. Such bona fide church or religious association, as defined in this subsection, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church or religious association and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.

G. Parades:

1. Application And Approval: Parades will only be allowed in conjunction with a community civic event referenced in subsection E of this section.

2. Selling Activity During A Parade: In order to maintain public safety and promote the good order of a parade, no vendor, peddler, solicitor, or merchant shall be permitted in the parade route once the parade begins. No vendor, peddler, solicitor, or merchant shall be permitted to conduct business on sidewalks or walkways or other areas that may impede pedestrian traffic. Any vendor, peddler, solicitor, or merchant not located inside a commercial location shall be limited to side streets once the parade begins. No vendor, peddler, solicitor, or merchant shall impede the view of any spectator during the event.

All vendors, peddlers, solicitors, and merchants shall be prohibited from selling products at or near the event that are deemed to be a nuisance or contrary to the good order of the parade. These items include, but are not limited to:
a. Silly string;
b. Snap caps;
c. Party poppers;
d. Any projectile and/or launcher.

3. Movement Of Public Safety Equipment: The conduct of such parade shall not interfere with the movement of firefighting or police equipment.
15-24: OTHER THAN GROSS RECEIPTS:

Ordinance No. 1935

A. Every person who engages in a business within the city as specified below shall pay a license tax of the amount and frequency indicated:

1. Advertising solicitor, the sum of twenty-five dollars ($25.00) semiannually for each person so employed.

2. "Amusements, amusement rides", as defined in section 15-1 of this chapter, wherein they are held in conjunction with and on premises owned or leased by commercial houses for commercial purposes, the sum of twenty-five dollars ($25.00) per period not to exceed four (4) days per calendar month; wherein amusement rides are not conducted as a promotion for a commercial house, the sum of twenty-five dollars ($25.00) per day per unit or one hundred dollars ($100.00) per year per unit.

3. "Arcade", as defined in section 15-1 of this chapter, of five (5) or more amusement machines, games of chance or skill, at one location, shall pay five dollars ($5.00) per machine semiannually.

4. Auctioneers shall be licensed under the gross receipts section 15-23, classification A, of this article except that those auctioneers who are duly licensed by the state of California and whose permanent place of business is not within the city limits shall pay no license tax.

5. Auctions sales. Reserved.

6. Barbershops shall be licensed under the gross receipts section 15-23, classification B, of this article.

7. Boxing and wrestling matches. Every person conducting, carrying on or managing boxing or wrestling matches in the city shall pay the following license: Fifty dollars ($50.00) per day or one hundred fifty dollars ($150.00) semiannually.

8. Bus lines, who transport passengers from or to a terminus within the city, shall be licensed under the gross receipts section 15-23, classification B, of this article, except that common carriers shall be exempt.

9. Card rooms, the sum of one hundred fifty dollars ($150.00) per calendar quarter per table, except that tables where the players or participants at said table play solely for merchandise or so called "garbage" games, the sum of twenty-five dollars ($25.00) per calendar quarter per table.

10. Carnival, including each separate show, game, amusement, exhibition, vaudeville or dramatic performance, game of chance or skill, food and drink stands, the sum of four hundred dollars ($400.00) per day. "Amusements, amusement rides" as defined in section 15-1 of this chapter shall be licensed as provided in subsection A12 of this section.

11. Circuses. For the purpose of this section, a "circus" is defined to be an exhibition or entertainment at which feats of horsemanship, acrobatic feats, and trained or wild animals are exhibited or displayed, to which exhibition or entertainment an admission fee is charged. For any person conducting, carrying on or managing a circus, or other similar exhibition, side show, or other show or concert to a circus, the sum of two hundred dollars ($200.00) per day.

Ordinance No. 1935

12. Coin operated machines. For each machine operated by depositing therein coin(s) or operated by other consideration of value, the sum of five dollars ($5.00) per machine semiannually. Machines owned and operated by a person in conjunction with his established business shall be licensed under the gross receipts of the established business. Newspaper vending machines, money changing machines and coin operated laundries are exempt from this subsection A12.

13. Contractors, and every person who is required to have a state contractor's license and who is conducting, carrying on or managing the business of a contractor, shall be required to have a city contractor's business license. Contractor's license fee shall be paid semiannually under the gross receipts section 15-23, classification B, of this article.

14. Demonstrators and hawkers. For every person who advertises or calls attention to the business, profession, trade or calling of any person by giving demonstration on foot, or from any wagon, automobile or vehicle, or from any stand, box or platform, on any street, alley, sidewalk or place, or in any doorway of any room or building, unenclosed or vacant lot, the sum of one hundred dollars ($100.00) per month, or fraction thereof; provided, that nothing in this subsection A14 shall be deemed to authorize licensing of any act now prohibited by law or ordinance. The provisions of this subsection A14 shall not apply to newsboys selling newspapers.

15. Detective agency or private detective, the sum of fifty dollars ($50.00) semiannually.

16. Flea market or swap meet operator, the sum of twenty-five dollars ($25.00) semiannually, plus one dollar ($1.00) per day per single space or area of contiguous spaces rented by the vendor, except that if a vendor possesses and exhibits a current and valid business license issued by the city then the operator need not remit the one dollar ($1.00) per day for any such vendor. Said fee shall be collected by the operator from the vendor and remitted to the city on a weekly basis, along with a complete list of the name and address of all vendors who were exempt from paying the tax pursuant to this subsection A16. Said remittance shall be accompanied by consecutively numbered receipts written in triplicate, containing the name and address of the vendor, the make and license number of a vehicle owned by the vendor, and the vendor's California seller's permit number. Said receipt shall be furnished by the city. One copy of the receipt shall be furnished to the vendor, one copy filed with the Department of Planning and Engineering on a weekly basis, and one copy to be retained by the swap meet operator for a period of three (3) years for audit purposes.

16.1. Fortune teller. The business license fee for "fortune telling" for pay, as defined in subsection 15-20F of this chapter, shall be fifty dollars ($50.00) per year.

17. Handyman shall be licensed under the gross receipts section 15-23, classification B, of this article.

18. Hotels, motels, auto courts, etc., shall be licensed under the gross receipts section 15- 23, classification B, of this article.

19. Insurance broker shall be licensed under the gross receipts section 15-23, classification B, of this article.

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20. Itinerant vendor, itinerant merchant, the sum of fifteen dollars ($15.00) per day per person for each person so employed, with a minimum fee of twenty-five dollars ($25.00).

21. Junk dealer and/or collector shall be licensed under the gross receipts section 15-23, classification B, of this article.

22. Maintenance service: building, janitorial, yard, etc., shall be licensed under the gross receipts section 15-23, classification B, of this article.

23. Newspapers, daily, with offices within the city, the sum of one hundred dollars ($100.00) semiannually.

24. Newspapers, other than daily, with offices within the city, shall be licensed under the gross receipts section 15-23, classification B, of this article.

25. Newspaper agents and/or distributors, the sum of twenty-five dollars ($25.00) semiannually.

26. Paid promoters, the sum of one hundred dollars ($100.00) semiannually.

27. Pawnbrokers. For any person conducting, carrying on or managing a pawnshop or acting as pawnbrokers, the sum of one hundred dollars ($100.00) semiannually.

28. Peddler, the sum of ten dollars ($10.00) per day per person so employed, with a minimum fee of twenty-five dollars ($25.00).

29. Photographer, itinerant, the sum of one hundred dollars ($100.00) semiannually for each person so employed.

30. Private police, private patrol service shall be licensed under the gross receipts section 15-23, classification B, of this article.

31. Real estate broker, who maintains an office or place of business within the city and who engages in the activities of acting as a real estate broker in the sale or lease of any property within the city, the license fee shall be under the gross receipts section 15-23, classification A, of this article. Said gross receipts shall include gross commissions of the broker and gross commissions of all salespersons acting as agents of the broker.

32. Real estate broker, out of city, who does not maintain an office or place of business within the city but who engages in the activities of acting as a real estate broker in the sale or lease of any property within the city, the license fee shall be under the gross receipts section 15-23, classification A, of this article. Said gross receipts shall include gross commissions of the broker and gross commissions of all salespersons acting as agents of the broker.

33. Reserved.

34. Shoeshine parlors or persons engaged in the business of shining shoes, the sum of twenty-five dollars ($25.00) for the initial application fee inclusive of license fee for first semiannual license period. Thereafter the renewal license fee shall be the sum of seven dollars fifty cents ($7.50) semiannually.

35. Solicitor, the sum of twenty-five dollars ($25.00) per day per person so employed.

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36. Solicitor, by means of telephone, the sum of twenty-five dollars ($25.00) semiannually per person so employed.

37. Stamp redemption shall be licensed under the gross receipts section 15-23, classification B, of this article.

38. Stockbroker shall be licensed under the gross receipts section 15-23, classification A, of this article.

39. Stock salesman, shall be licensed under the gross receipts section 15-23, classification A, of this article.

39.1. Street vendors/peddlers, the sum of twenty-five dollars ($25.00) semiannually for each vehicle, cart, or any other type of conveyance.

40. Taxicabs or vehicles for hire, the sum of twenty-five dollars ($25.00) semiannually for each vehicle.

41. Trade school. Every person engaged in conducting or operating a trade school shall be licensed under the gross receipts section 15-23, classification B, of this article.

42. Transient trailer and recreation vehicle parks shall be licensed under the gross receipts section 15-23, classification B, of this article.

43. Trucking or delivering, with offices within the city, but not subject to public utilities commission regulations, shall be licensed under the gross receipts section 15-23, classification D, of this article.

44. Trucking or delivering, with offices outside the city, but not subject to the public utilities commission regulations, shall pay the sum of twenty-five dollars ($25.00) semiannually for each vehicle with one ton or less load capacity, and the sum of thirtyfive dollars ($35.00) semiannually for each vehicle with load capacity of over one ton.

B. Any business not designated under this section or in any other section of this chapter or in any other ordinance or code of the city of Porterville shall be licensed under section 15-23 of this article.

All licenses shall be paid in advance, in the legal currency of the United States, at the office of the city.

No greater or less amount of money shall be charged or received for any license than is provided in this chapter, and no license shall be sold or issued for any period of time other than is provided in this chapter.
15-25.2: SURRENDER OF BUSINESS LICENSE:

A. Upon being issued a permit pursuant to this article for a going out of business sale or removal of business sale, the permittee shall surrender concurrently to the Director of Planning and Engineering each business license the permittee may hold at that time applicable to the business location covered by the application for a permit under this article, if the sale is advertised or conducted in a manner calculated to convey to the public the Ordinance No. 1935

belief that the business will cease to be conducted at that location upon the disposal of the goods to be placed on sale.

B. It shall be unlawful for any person to whom a closeout sale permit is issued to engage in a business of similar nature at the same location for a period of one year following the closing date of the sale.
15-72: APPLICATION FOR PERMIT:

A. Applications for charitable car wash permits shall be made to the Department of Planning and Engineering upon forms prescribed by the city. The application shall be declared under penalty of perjury and filed with the Department of Planning and Engineering not less than five (5) consecutive business days prior to the time at which the applicant wishes to conduct said car wash.

B. A nonrefundable application fee an amount to be set by resolution shall be paid by the applicant. The application fee shall be based solely upon the administrative costs in processing the application and issuing the permits.

C. Such applications shall contain the following information and documentation:

1. The full name, mailing address, principal business and telephone number of the charitable organization or institution, the names and addresses of the organization's or institution's principal officers and executives, and the address of the national, state and local headquarters, if any.

2. The name and address of the sponsor, with a statement by the sponsor that he/she is the owner or lessee of the property where the car wash is to be held or is an employee or agent of the owner or lessee who has been delegated control of the premises by the owner or lessee, and that the sponsor assumes all liability regarding the car wash.

3. The full name and address of the person or persons who will be in charge of conducting the car wash. The names and addresses of each individual who will actually be engaged in the car wash shall be on file at the agency/organization conducting the car wash and shall be made available to the city police department upon request at any time.

4. The time when such car wash will be held, including preferred date and hours of the day for commencement and termination of the car wash.

5. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement of the charitable organization by the city or any department or officer thereof.

6. Proof evidencing that the permit holder is a bona fide charitable organization.

7. The number of car washes that have been held by the charitable organization in that particular calendar year, and the number of car washes that have been held at that particular location in that particular calendar year.

8. Such supplemental information requested by the Department of Planning and Engineering as the Department of Planning and Engineering may require. The Department of Planning and Engineering may require that such information be updated during the Ordinance No. 1935

time the permit is in force if changes occur subsequent to filing of the application in the planned dates and locations for the charitable car wash.

D. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the Director of Planning and Engineering in writing thereof prior to five o'clock (5:00) P.M. the day before such change.

E. The application documents shall be available for public inspection. 15-73: ISSUANCE AND FORM OF PERMIT:

A. The Department of Planning and Engineering shall issue the permit, unless it finds that:

1. Any statement made in the application is factually incorrect, and the applicant fails to correct the application after being requested to do so.

2. The applicant has not provided the information required by this article and fails to provide the missing information after being requested to do so.

3. The application indicates that the proposed car wash will violate any of the requirements of this article and the applicant fails to amend the application to indicate compliance with said section after being requested to do so.

4. The number of charitable car washes by the charitable organization applying for said permit exceeds four (4) in a calendar year, or the number of charitable car washes held at a particular location exceeds four (4) per calendar year. The location requirement shall not pertain to licensed commercial car washes.

5. The applicant has violated any of the provisions of this article within one year of the date the application is submitted, resulting in the imposition of a fine or the revocation of a prior permit.

B. Nothing set forth in this article shall be construed as granting to the Department of Planning and Engineering or any other person the authority to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor, or for any other reason not specifically provided for in this article.

C. The Department of Planning and Engineering shall either issue or deny the requested permit within two (2) consecutive business days after the date the application is made. In the event of denial, the finance department shall give the applicant a written notice which states with specificity the reasons therefor. In the event the Department of Planning and Engineering fails to act within the time prescribed, the permit shall be deemed issued.

D. The permit, if issued, shall include the following information:

1. The name and address of the permit holder;

2. The date for which the permit is valid;

3. A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers or employees, of the purpose of the car wash;

4. A permit number; and
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5. The signature of the Director of Planning and Engineering or his/her designee. 15-85: DEFINITIONS:

The following definitions are applicable to the terms when used in chapter 15, 18, or 21 of this Code, concerning regulations pertaining to cannabis uses, activities and operations.

APPLICANT: Means a person who is required to file an application for a permit under this article.

BUSINESS OWNER: Means the owner(s) of the cannabis business. For publicly traded companies, owner means the chief executive officer or any person or entity with an aggregate ownership interest of five percent (5%) or more. For all other businesses, other than publicly traded companies, an owner is an individual that has an aggregate ownership of interest other than a lien or encumbrance, of twenty percent (20%) or more in the commercial cannabis business.

CANNABIS: Means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties; whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purposes of this Code, "cannabis" does not mean "industrial hemp" as defined by section 11018.5 of the Health and Safety Code.

CANNABIS ACCESSORIES: Means any equipment, products, or materials of any kind which is intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. "Cannabis accessories" also has the same meaning as in section 11018.2 of the Health and Safety Code.

CANNABIS BUSINESS OR CANNABIS INDUSTRY: Means any business activity in the City relating to cannabis, including but not limited to cultivation (including nurseries), transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, delivery and sales (wholesale and/or retail sales) of cannabis or cannabis products, whether or not carried on for gain or profit. A cannabis business does not include any business whose only relationship to cannabis or cannabis products is the production or sale of cannabis accessories.

CANNABIS DISPENSARY OR DISPENSARY: Means a facility where cannabis or cannabis products, are offered, either individually or in combination, for retail sale, including an establishment that engages in delivery of cannabis or cannabis products as part of a retail sale. In addition, and without limiting the foregoing, "dispensary" includes "dispensary" as defined in California Business and Professions Code division 10 and any successor statute(s), as may be adopted or Ordinance No. 1935

amended from time to time. For the purposes of obtaining a City permit and operating within the City, "cannabis dispensary" or "dispensary" is limited to storefront cannabis retailers.

CANNABIS PRODUCT: Means any product containing cannabis, including, but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles and those products described in section 11018.1 of the Health and Safety Code.

CITY: Means the City of Porterville, either the entity or its territorial limits, as the context requires.

CITY COUNCIL OR COUNCIL: Means the City Council of the City of Porterville.

COLLECTOR: Means the City's Director of Planning and Engineering or his or her designee.

COMMERCIAL CANNABIS BUSINESS, COMMERCIAL CANNABIS ACTIVITY, OR CANNABIS BUSINESS OR CANNABIS OPERATION: Means any commercial marijuana activity allowed under State law and the implementing regulations, as State law and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted State law pertaining to the same or similar uses for recreational cannabis, including the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, nonmedical, or any other purpose and includes the activities of any business licensed by the State or other government entity under division 10 of the California Business and Professions Code, or any provision of State law regulating the licensing of cannabis businesses. It also includes cannabis dispensaries, cooperatives or collectives.

COMMERCIAL CANNABIS REGULATORY PERMIT OR REGULATORY PERMIT: Means the permit required under this article to have a cannabis business.

CONCENTRATED CANNABIS: Means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

DELIVERY: Means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this article that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

DELIVERY EMPLOYEE: Means an individual employed by a licensed dispensary who delivers cannabis goods from the licensed dispensary premises to a physical address.

DEVELOPMENT AGREEMENT: Means an agreement entered into between the City and the business owner and any other responsible parties as required by the City, in accordance with chapter 21, series 600, article 609 of this Code.

DISTRIBUTION: Means the procurement, sale, and transport of cannabis or cannabis products between licensees.

DISTRIBUTOR: Means a person engaged in procuring cannabis from a cultivator, and/or procuring cannabis products from a manufacturer, for sale to a licensed commercial cannabis business. In addition, and without limiting the foregoing, "distributor" includes "distributor" as defined in California Business and Professions Code division 10 and any successor statute, as may be adopted or amended from time to time.

Ordinance No. 1935

EMPLOYEE: Means each and every person engaged in the operation or conduct of any cannabis business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such cannabis business for a wage, salary, commission, barter or any other form of compensation.

GROSS RECEIPTS: Means the amount a cannabis operation received from all sources during its accounting period, without subtracting any costs or expenses.

MAUCRSA: Means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in division 10 of the California Business and Professions Code, as the same may be amended from time to time.

MANUFACTURE: Means to compound, blend, extract, infuse or otherwise make or prepare a cannabis product.

MEDICAL CANNABIS DISPENSARY: Means a storefront cannabis dispensary with a valid M-type 10 retailer license in accordance with MAUCRSA.

OPERATOR: Means the business owner and any other person designated by the business owner as responsible for the day to day cannabis business operation.

PREMISES: Means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

PROCESSING: Means any method used to prepare cannabis or its byproducts for personal use or commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis related products and concentrates.

RESPONSIBLE PARTY: Shall mean the business owner, operator, manager(s), and any employee having significant control over the cannabis businesses operations.

STATE: Means the State of California.

STATE LAW: Means all regulations and laws pertaining to cannabis business in the State of California.

STATE LICENSE: Means a State license issued pursuant to California Business and Professions Code section 26000, et seq., or other applicable State law.

TRANSPORT OR TRANSPORTATION: Means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to this article.
15-88: REGULATORY PERMIT REQUIRED:

A. Application For Permit: At the time authorized by the City, applications for regulatory permits shall be filed by the proposed business owner(s) with the City and include the information set forth herein. The City may request such additional information as they deem Ordinance No. 1935

necessary to determine who the applicant is, and may adopt additional requirements as authorized in subsection 15-87B of this article.

The applicant shall certify under penalty of perjury that all the information contained in the application is true and correct. The application shall contain the following items for the business owner, operator and all responsible parties known at the time (if different than the business owner), and any other party designated below, to the extent the same shall apply:

1. The full name, present address, and telephone number, including such information to the premises owner.

2. Date of birth.

3. Tax identification number.

4. The address to which notices relating to the application are to be mailed.

5. Previous addresses for the five (5) years immediately preceding the present.

6. The height, weight, color of eyes and hair.

7. Photographs for identification purposes (photographs shall be taken by the Police Department).

8. All business, occupation, or employment for the five (5) years immediately preceding the date of submittal of the application form.

9. The cannabis operation business history, including whether the business owner and responsible parties while previously operating in this or another city, county or state has had a cannabis related license revoked or suspended, the reason therefore, and the business or activity or occupation subsequent to such action of suspension or revocation.

10. Complete property ownership and lease details, where applicable. If the business owner is not the premises owner, the application form must be accompanied with a notarized acknowledgment from the premises owner that cannabis sales will occur on its property.

11. A descriptive business plan for the cannabis operation, including a detailed list of all cannabis business activities proposed to occur on the premises.

12. A diagram and floor plan of the entire premises, denoting all the use of areas proposed for cannabis production, including, but not necessarily limited to, cultivation, processing, manufacturing, testing, transportation, deliveries, and storage. For cannabis dispensaries, the floor plan should show the layout and design of the building. The diagram and floor plan need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6").

13. The name or names of the operator. The operator shall designate one or more responsible parties, one of which shall at all times be available as a point of contact for the City, twenty-four (24) hours per day. The contact information and schedule of the operator and responsible parties shall be provided to the Police Chief and updated within twenty-four (24) hours of any changes.

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14. The proposed security arrangements for ensuring the safety of persons and to protect the premises from theft.

15. An accurate straight-line drawing prepared within thirty (30) days prior to the application depicting the building and the portion thereof to be occupied by the cannabis operation and the property line of any school or any other sensitive use as set forth in the operational requirements.

16. Authorization for the City, its agents and employees to seek verification of the information submitted.

B. Other Permits Or Licenses: The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a regulatory permit.
15-125: DEFINITIONS:

As used in this article:

ANCILLARY MASSAGE SERVICES: Those services where less than twenty percent (20%) of the gross floor area of the business is devoted to massage.

CALIFORNIA MASSAGE THERAPY COUNCIL OR CAMTC: The massage therapy organization formed pursuant to chapter 10.5 of division 2 of the Business And Professions Code sections 4600 et seq.

CERTIFIED MASSAGE PRACTITIONER OR THERAPIST: Any individual certified by the California massage therapy council (CAMTC) as a certified massage therapist, certified massage practitioner, or conditionally certified massage practitioner pursuant to chapter 10.5 of division 2 of the California Business And Professions Code sections 4600 et seq.

CITY: The city of Porterville, California.

CITY MANAGER: The city manager of the city of Porterville or designee.

CITY REGISTRATION CERTIFICATE OR REGISTRATION CERTIFICATE OR REGISTRATION: A certificate issued by the city to a massage business to practice massage for compensation pursuant to this article.

CLIENT: The customer or patron who pays for or receives massage services.

COMMUNITY DEVELOPMENT DIRECTOR: The Director of Planning and Engineering of the city of Porterville or designee.

COMPENSATION: The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

DAY: Calendar day, unless otherwise specifically expressed.

DISQUALIFYING CONDUCT: Any of the following:

A. Within five (5) years immediately preceding the date the city registration application was filed, or any time thereafter, the person has been convicted in a court of competent jurisdiction of the commission of or any attempt to commit, directly or indirectly, or assisting in or abetting the commission of, or conspiring to commit:

Ordinance No. 1935