Agenda packet — Porterville City Council, May 3, 2022 (part 3 of 3)

May 26, 2021
Jackie Lancaster
Provost & Pritchard Consulting Group
Via Email to: [email protected]
Re: City of Porterville TO19 Union Avenue Reconstruction Project, Tulare County Dear Ms. Lancaster:

A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.

Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.

If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.

If you have any questions or need additional information, please contact me at my email address: [email protected].

Sincerely,
Nancy Gonzalez-Lopez
Cultural Resources Analyst
Attachment

CHAIRPERSON
Laura Miranda
Luiseño

VICE CHAIRPERSON
Reginald Pagaling
Chumash

SECRETARY
Merri Lopez-Keifer
Luiseño

PARLIAMENTARIAN
Russell Attebery
Karuk

COMMISSIONER
[Vacant]

COMMISSIONER
William Mungary
Paiute/White Mountain
Apache

COMMISSIONER
[Vacant]

COMMISSIONER
Julie TumamaitStenslie
Chumash

COMMISSIONER
[Vacant]

EXECUTIVE SECRETARY
Christina Snider
Pomo

NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov

Native American Heritage Commission
Native American Contacts List
May 26, 2021
Elizabeth D. Kipp, Chairperson
PO. Box 337
Auberry 93602
(559) 374-0066
Western Mono
,CA
[email protected]
(559) 374-0055
Big Sandy Rancheria of Western Mono Indians
Benjamin Charley Jr., Tribal Chair
P.O. Box 14
Dunlap 93621
(760) 258-5244
Mono
,CA
[email protected]
Dunlap Band of Mono Indians
Dirk Charley, Tribal Secretary
5509 E. McKenzie Avenue
Fresno 93727
(559) 554-5433
Mono
,CA
[email protected]
Dunlap Band of Mono Indians
Julie Turner, Secretary
P.O. Box 1010
Lake Isabella 93240
(661) 340-0032 Cell
Kawaiisu
CA Tubatulabal ,
Kern Valley Indian Community
Robert Robinson, Chairperson
P.O. Box 1010
Lake Isabella 93240
(760) 378-2915 Cell
Tubatulabal
,CA Kawaiisu
[email protected]
Kern Valley Indian Community
Brandy Kendricks
30741 Foxridge Court
Tehachapi 93561
(661) 821-1733
Kawaiisu
CA Tubatulabal ,
[email protected]
(661) 972-0445
Kern Valley Indian Community
Leo Sisco, Chairperson
P.O. Box 8
Lemoore 93245
(559) 924-1278
Tache
Tachi
Yokut
,CA
(559) 924-3583 Fax
Santa Rosa Rancheria Tachi Yokut Tribe
Robert L. Gomez, Jr., Tribal Chairperson
P.O. Box 226
Lake Isabella 93240
(760) 379-4590
Tubatulabal
,CA
(760) 379-4592 Fax
Tubatulabals of Kern Valley
Neil Peyron, Chairperson
P.O. Box 589
Porterville 93258
(559) 781-4271
Yokuts
,CA
[email protected]
(559) 781-4610 Fax
Tule River Indian Tribe
Kenneth Woodrow, Chairperson
1179 Rock Haven Ct.

Salinas 93906
(831) 443-9702
Foothill Yokuts
Mono
Wuksache
,CA
[email protected]
Wuksache Indian Tribe/Eshom Valley Band
This list is current as of the date of this document and is based on the information available to the Commission on the date it was produced.

Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code,Section 5097.94 of the Public Resources Code, or Section 5097.98 of the Public Resources Code.

This list is only applicable for contacting local Native Americans Tribes for the proposed:

City of Porterville TO19 Union Avenue Reconstruction Project, Tulare County. .
286 W. Cromwell Avenue
Fresno, CA 93711-6162
Tel: (559) 449-2700
Fax: (559) 449-2715
www.ppeng.com
May 26, 2021
Big Sandy Rancheria of Western Mono Indians
Elizabeth D. Kipp, Chairperson
PO. Box 337
Auberry, CA 93602
Subject: Notification for the Union Avenue Reconstruction Project in the City of Porterville, Tulare County, CA.

Dear Ms. Kipp:

Provost and Pritchard Consulting Group, is providing cultural resources services in support of the City of Porterville Union Avenue Reconstruction Project.

The City of Porterville is processing an application for the above-referenced project. The project consists of the reconstruction of Union Avenue between Indiana and Jaye Streets, a length of 0.5 miles in the City of Porterville.

The proposed project would include the widening of Union Avenue to the standard width of 56 ft right of way, improving Western Street to Orange Avenue to correct drainage issues, completing the connection of Chess Terrace to Union Avenue, and improving Cottage Street south of Union Avenue. Activities include pavement; water, sewer, and storm drain installation; curb, gutters, sidewalks and landscaped parkways; streetlights, and possible utility relocation. Some of these activities will involve property acquisition.

Provost and Pritchard Consulting Group has requested a records search of the California Historic Resources Information System from the Southern San Joaquin Valley Information Center to identify any cultural resources within or adjacent to the Project Area. A search of the Native American Heritage Commission (NAHC) Sacred Lands File was completed with negative results. The NAHC provided your name and address as a tribal contact that is culturally affiliated to the project area. If you have any information that you wish to share, or have questions or would like more information about the project, please do not hesitate to contact me by phone (559) 636-1166, email ([email protected]), or send a letter to my attention. I would appreciate any information you might provide to assist us with our inventory efforts.

Be assured that any locations of archaeological sites, cemeteries, or sacred places will be treated confidentially, as required by law, and not disclosed in any document available to the general public.

Sincerely,
Jacqueline Lancaster, Project Administrator
encl.: APE Map
286 W. Cromwell Avenue
Fresno, CA 93711-6162
Tel: (559) 449-2700
Fax: (559) 449-2715
www.ppeng.com
May 26, 2021
Kern Valley Indian Community
Julie Turner, Secretary
P.O. Box 1010
Lake Isabella, CA 93240
Subject: Notification for the Union Avenue Reconstruction Project in the City of Porterville, Tulare County, CA.

Dear Ms. Turner:

Provost and Pritchard Consulting Group, is providing cultural resources services in support of the City of Porterville Union Avenue Reconstruction Project.

Sincerely,
Jacqueline Lancaster, Project Administrator
encl.: APE Map
286 W. Cromwell Avenue
Fresno, CA 93711-6162
Tel: (559) 449-2700
Fax: (559) 449-2715
www.ppeng.com
May 26, 2021
Dunlap Band of Mono Indians
Dick Charley, Tribal Secretary
5509 E. McKenzie Avenue
Fresno, CA 93727
Subject: Notification for the Union Avenue Reconstruction Project in the City of Porterville, Tulare County, CA.

Dear Mr. Charley:

Provost and Pritchard Consulting Group, is providing cultural resources services in support of the City of Porterville Union Avenue Reconstruction Project.

Sincerely,
Jacqueline Lancaster, Project Administrator
encl.: APE Map
286 W. Cromwell Avenue
Fresno, CA 93711-6162
Tel: (559) 449-2700
Fax: (559) 449-2715
www.ppeng.com
May 26, 2021
Dunlap Band of Mono Indians
Benjamin Charley, Jr., Chair
PO. Box 14
Dunlap, CA 93621
Subject: Notification for the Union Avenue Reconstruction Project in the City of Porterville, Tulare County, CA.

Dear Mr. Charley:

Provost and Pritchard Consulting Group, is providing cultural resources services in support of the City of Porterville Union Avenue Reconstruction Project.

Sincerely,
Jacqueline Lancaster, Project Administrator
encl.: APE Map
286 W. Cromwell Avenue
Fresno, CA 93711-6162
Tel: (559) 449-2700
Fax: (559) 449-2715
www.ppeng.com
May 26, 2021
Kern Valley Indian Community
Brandy Kendricks
30741 Foxridge Court
Tehachapi, CA 93561
Subject: Notification for the Union Avenue Reconstruction Project in the City of Porterville, Tulare County, CA.

Dear Ms. Kendricks:

Provost and Pritchard Consulting Group, is providing cultural resources services in support of the City of Porterville Union Avenue Reconstruction Project.

Sincerely,
Jacqueline Lancaster, Project Administrator
encl.: APE Map
286 W. Cromwell Avenue
Fresno, CA 93711-6162
Tel: (559) 449-2700
Fax: (559) 449-2715
www.ppeng.com
May 26, 2021
Kern Valley Indian Community
Robert Robinson, Chairperson
P.O. Box 1010
Lake Isabella, CA 93240
Subject: Notification for the Union Avenue Reconstruction Project in the City of Porterville, Tulare County, CA.

Dear Mr. Robinson:

Provost and Pritchard Consulting Group, is providing cultural resources services in support of the City of Porterville Union Avenue Reconstruction Project.

Sincerely,
Jacqueline Lancaster, Project Administrator
encl.: APE Map
286 W. Cromwell Avenue
Fresno, CA 93711-6162
Tel: (559) 449-2700
Fax: (559) 449-2715
www.ppeng.com
May 26, 2021
Tule River Indian Tribe
Neil Peyron, Chairperson
P.O. Box 589
Porterville, CA 93258
Subject: Notification for the Union Avenue Reconstruction Project in the City of Porterville, Tulare County, CA.

Dear Mr. Peyron:

Provost and Pritchard Consulting Group, is providing cultural resources services in support of the City of Porterville Union Avenue Reconstruction Project.

Sincerely,
Jacqueline Lancaster, Project Administrator
encl.: APE Map
286 W. Cromwell Avenue
Fresno, CA 93711-6162
Tel: (559) 449-2700
Fax: (559) 449-2715
www.ppeng.com
May 26, 2021
Tubatulabals of Kern Valley
Robert L. Gomez, Jr., Tribal Chairperson
P.O. Box 226
Lake Isabella, CA 93240
Subject: Notification for the Union Avenue Reconstruction Project in the City of Porterville, Tulare County, CA.

Dear Mr. Gomez:

Provost and Pritchard Consulting Group, is providing cultural resources services in support of the City of Porterville Union Avenue Reconstruction Project.

Sincerely,
Jacqueline Lancaster, Project Administrator
encl.: APE Map
286 W. Cromwell Avenue
Fresno, CA 93711-6162
Tel: (559) 449-2700
Fax: (559) 449-2715
www.ppeng.com
May 26, 2021
Santa Rosa Rancheria Tachi Yokut Tribe
Leo Sisco, Chairperson
P.O. Box 8
Lemoore, CA 93245
Subject: Notification for the Union Avenue Reconstruction Project in the City of Porterville, Tulare County, CA.

Dear Mr. Sisco:

Provost and Pritchard Consulting Group, is providing cultural resources services in support of the City of Porterville Union Avenue Reconstruction Project.

Salinas, CA 93906
Subject: Notification for the Union Avenue Reconstruction Project in the City of Porterville, Tulare County, CA.

Dear Mr. Woodrow:

Provost and Pritchard Consulting Group, is providing cultural resources services in support of the City of Porterville Union Avenue Reconstruction Project.

Sincerely,
Jacqueline Lancaster, Project Administrator
encl.: APE Map
AB 52 Tribal Consultation

April 25, 2022
Jason Ridenour
City of Porterville
Community Development Department
291 North Main Street
Porterville, CA 93257
Project: Union Avenue Reconstruction Project
District CEQA Reference No: 20220384
Dear Mr. Ridenour:

The San Joaquin Valley Air Pollution Control District (District) has reviewed the Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the Union Avenue Reconstruction Project from the City of Porterville (City). Per the IS/MND, the Project consists of reconstruction of Union Avenue between Indiana and Jaye Streets approximately one-half mile in length. The reconstruction would include the widening of Union Avenue to the standard width of 56 feet right of way; improving Western Street to Orange Avenue to correct drainage issues, completing the connection of Chess Terrace to Union Avenue, and improving Cottage Street south of Union Avenue. Project activities include pavement; water, sewer, and storm drain installation; curb, gutters, sidewalks and landscaped parkways; streetlights, and possible utility relocation (Project). The Project is located in Porterville, CA.

The District offers the following comments regarding the Project:

Project Related Emissions
At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8-hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8-hour ozone, PM10, PM2.5 standards.

Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing San Joaquin Valley Air Pollution Control District Page 2 District Reference No: 20220384
April 25, 2022
and Mitigating Air Quality Impacts (GAMAQI):
https://www.valleyair.org/transportation/GAMAQI.pdf.

Construction Emissions
Project construction air emissions are short-term emissions generated from construction activities such as mobile heavy-duty diesel off-road equipment and are expected to result in a less than significant impact on air quality. However the District recommends, to further lessen air quality impacts from constructionrelated diesel exhaust emissions, the City consider the feasibility of incorporating the below measure into the Project.

Recommended Measure: To reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment.

Health Risk Screening/Assessment
The City should evaluate the risk associated with the Project for sensitive receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions.

The IS/MND states in section 3.4.4 that “during construction the Project would not exceed the District’s thresholds established in accordance with health-based standard for determining significance of criteria pollutant emissions. As a result of the Project, traffic would not be increased on Union Avenue, or any of the connecting streets, and there would not be an increase in operational emissions.

Therefore, in accordance with these standards, the Project would have a less than significant impact related to exposure of sensitive receptors to substantial pollutant concentrations.”
Although the Project criteria pollutant emissions from construction will not exceed the District’s significance thresholds, the Project may have the potential to result in health impacts to nearby receptors. Assessing potential health risk impact from a project is different from assessing the project’s potential impact from construction criteria pollutant emissions.

To determine potential health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or an HRA should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health.

San Joaquin Valley Air Pollution Control District Page 3 District Reference No: 20220384
April 25, 2022
Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction, and from ongoing operation of heavy-duty on-road trucks.

Prioritization (Screening Health Risk Assessment):

A “Prioritization” is the recommended method for a conservative screening-level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology.

The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation.

To assist land use agencies and project proponents with Prioritization analyses, the District has created a prioritization calculator based on the aforementioned CAPCOA guidelines, which can be found here:
http://www.valleyair.org/busind/pto/emission_factors/Criteria/Toxics/Utilities/PRIORI TIZATION-CALCULATOR.xls
Health Risk Assessment:

Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA. This step will ensure all components are addressed when performing the HRA.

A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the project-related health impacts would exceed the District’s significance threshold of 20 in a million for carcinogenic risk, or 1.0 for either the Acute or Chronic Hazard Indices.

A project with a significant health risk would trigger all feasible mitigation measures.

The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency.

The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:
 HRA (AERMOD) modeling files
 HARP2 files
San Joaquin Valley Air Pollution Control District Page 4 District Reference No: 20220384
April 25, 2022
 Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies.

For assistance, please contact the District’s Technical Services Department by:
 E-Mailing inquiries to: [email protected]
 Calling (559) 230-5900
Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww3.arb.ca.gov/ch/handbook.pdf.

District Rules and Regulations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes.

The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (661) 392-5665.

District Rule 9510 - Indirect Source Review
The District has reviewed the information provided and determined this Project is exempt under District Rule 9510 section 4.4.1; reconstruction of a development project that is damaged or destroyed, and is rebuilt to essentially the same use and intensity. Therefore, District Rule 9510 requirements and related fees do not apply to the Project.

District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, San Joaquin Valley Air Pollution Control District Page 5 District Reference No: 20220384
April 25, 2022
specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.

Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.

The application for both the Construction Notification and Dust Control Plan can be found online at:
https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).

District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.

If you have any questions or require further information, please contact Patrick Chimienti by e-mail at [email protected] or by phone at (559) 230-6139.

Sincerely,
Brian Clements
Director of Permit Services
For: Mark Montelongo
Program Manager
Item No. 23.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Fallen Heroes Memorial Wall
SOURCE: Parks and Leisure Services
COMMENT: The Fallen Heroes Memorial Wall pays special tribute to local residents who have died in the line of duty during military or public safety service. The Wall is located within Fallen Heroes Park, 356 E. Chase Ave and has been open since November 2014. There are currently four names on the Wall. The first two individuals to be recognized were Cpl. Brett W. Land and Pfc. Alejandro J.

Pardo, then following the tragic Library fire that occurred on February 2020, Capt. Ramon C. Figueroa and FF Patrick L. Jones' names were added to the Wall in 2020.

The Military Banner Program also honors military personnel killed in action.

The information collected for that program has brought about the need to establish consistent regulations under which the City would add new honorees to the Fallen Heroes Memorial Wall. Over its past three meetings, the Military Banner Program Committee worked on developing a Fallen Heroes Memorial Wall Policy.

In order to qualify, the policy states:

1. The honoree must be military personnel who died in active service, foreign or domestic, or a peace officer, firefighter, or emergency medical technician who died in the line of duty.

2. The honoree must have been killed in action during military or public safety service on or after September 11, 2001.

3. The honoree must have been a current or past resident within the Porterville area as defined by the boundaries of the Porterville Unified School District.

Staff will research to determine if there are any additional individuals that meet the policy specifications and coordinate with respective family members for recognition on the Wall. The installation of plaques will coincide with the Memorial Day Holiday on an as-needed basis. At its meeting on March 8, 2022, the Military Banner Program Committee voted unanimously to recommend to the City Council approval of the draft Fallen Heroes Memorial Wall Policy.

RECOMMENDATION: That the City Council consider adoption of the draft Fallen Heroes Memorial Wall Policy.

ATTACHMENTS: 1. Draft Fallen Heroes Park Memorial Wall Policy Item No. 23.

2. Fallen Heroes Memorail Wall
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
CITY OF PORTERVILLE  POLICY

FALLEN HEROES MEMORIAL WALL

PURPOSE
Located on the grounds of Fallen Heroes Park, the City of Porterville Fallen Heroes Memorial Wall pays special tribute to local residents who recently died in the line of duty during military or public safety service. The memorial wall is intended to honor those that paid the ultimate sacrifice defending our nation and community and contribute to the preservation of their memory. It is the purpose of this policy to establish regulations under which the City of Porterville would add new honoree plaques to the Fallen Heroes Memorial Wall.

ELIGIBILITY
To qualify:
1) The honoree must be military personnel who died in active service, foreign or domestic, or a peace officer, firefighter, or emergency medical technician who died in the line of duty.
2) The honoree must have been killed in action during military or public safety service on or after September 11, 2001.
3) The honoree must have been a current or past resident within the Porterville area as defined by the boundaries of the Porterville Unified School District. 1

APPLICATIONS
The City of Porterville will take applications on an ongoing basis. There is no cost to apply. By submitting an application, the applicant agrees that he or she has permission to use the service member’s likeness and name on the Fallen Heroes Memorial Wall.

The application may be obtained online through the City of Porterville website or inperson at the Parks and Leisure Services office, 15 E. Thurman Ave., Suite A.

PROCESS
 Upon receipt of an application, the City of Porterville will commission a custom plaque designed with the service member’s name and title as indicated on the application (example: Cpl. Juan Carlos or FF Sarah Smith).

The City of Porterville is not responsible for misspellings submitted on the application.
 Installation of the plaque(s) will occur once a year to coincide with the Memorial Day holiday. Applications not submitted in time to produce the plaque will be held until the following recognition period.

FALLEN HEROES MEMORIAL WALL POLICY  2
 The City of Porterville shall make the final determination of the plaque location. Once a plaque is installed, it will not be removed unless determined by the City of Porterville.
 The City of Porterville will provide for the routine maintenance of the memorial wall and area surrounding the memorial.
 The City of Porterville reserves the right to deny an application if the requirements of the policy are not met.

1. Porterville Unified School District Boundaries

Item No. 24.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: 2022 KJUG Free Summer Concert Series
SOURCE: City Manager's Office
COMMENT: With the Porterville Chamber of Commerce having previously served as the sponsor of the annual KJUG Free Summer Concert Series, at its meeting on July 20, 2021, the City Council made the determination for the City to sponsor and staff coordinate the 2021 KJUG Free Summer Concert Series at Centennial Park. Momentum Broadcasting (who operates FM 106.7 KJUG) has been in contact with the Chamber in regard to its interest in sponsoring the 2022 Free Summer Concert Series, which the Chamber has declined due to recent staffing changes. Momentum has approached the City to again sponsor and staff coordinate this year's KJUG Free Summer Concert Series at Centennial Park, with proposed concert dates on Thursday, May 26th, Tuesday, June 7th and Tuesday, June 21st.

The June concert dates would conflict with both of the Council's regular meeting schedule for the month, although there are several options to consider in relief: 1) schedule the concerts to be performed at a different City park; 2) schedule a Council meeting recess from 6:30 to 7:45 PM during the concert; or 3) reschedule the June Council meetings to a different day those weeks (e.g.

Monday, June 6 and June 20).

The cost of sponsorship for the 2022 KJUG Free Summer Concert Series is $6,750, which funds are available in the Council's Community Promotions account for funding.

RECOMMENDATION: That the City Council:

1. Consider sponsorship of the 2022 KJUG Free Summer Concert Series for concert dates on May 26, June 7 and June 21, 2022;

2. Authorize the expenditure of $6,750 as the concert events sponsor from the Community Promotions fund; and

3. Consider options for the scheduling conflict with the June 7 and June 21 Council meetings.

ATTACHMENTS: 1. 2022 KJUG Free Summer Concert Series City Sponsorship Agreement
Appropriated/Funded:

Item No. 24.

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
2022
City of Porterville

KJUG SUMMER

CONCERT SERIES
City Sponsor
We are back and ready to kick off the 2022 season with our full line up of shows. The Free Summer Concert Series attracts Country Music Fans from all over the South Valley. It’s an opportunity to see your favorite new country artist in an up-close concert venue. There is a total of 9 concerts for the Summer with 3 in Porterville at the Centennial Park, 3 in Hanford at the Civic Park, and 3 in Exeter at the one of its beautiful parks. Some of the past featured artists have been Lady Antebellum, Justin Moore, Cole Swindle, Scotty McCreery, & Brett Eldredge.

As a City Sponsor of KJUG’s Annual Summer Concert Series, Porterville will receive the following for your city:

NAME ASSOCIATION:
 Affiliation with this highly successful radio promotion  Affiliation with KJUG, one of the most recognized Country Stations in the US.

ADVERTISING:

Radio
 Name recognition in a minimum of 150 Shared Live and Recorded promotional announcements as sponsor (50 per show)
 Minimum of 300 mentions per concert directing listeners to Porterville for shows (100 per concert) Print
 Logo displayed on posters
 Logo on side stage banners
Online
 Logo on event Landing Page
 Name recognition in a minimum of 150 Shared Live and Recorded streaming promotional announcements per show as sponsor, 50 per Series
 Minimum of 300 mentions per concert directing listeners to Porterville for shows (100 per concert) Social Media Exposure- 50,000 followers
Summer Concert Series Net Investment: $6,750*
*Payable 6 weeks prior to start of series
First option to sponsor the 2023 Summer Concert Series (guaranteed until 02/01/2023).

Agreed to by: _____________________________________________________Date: _______________ Series: Porterville
Item No. 25.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Authorization To Obtain a Confidential Issuer Credit Rating from S&P's Global Ratings
SOURCE: City Manager's Office
COMMENT: As the City Council is aware from its annual Priority Project Study Session conducted on April 12, 2022, the City is in the midst of planning the implementation of an estimated $60 million in capital facility and improvement projects over the next several years, including a new library, community recreation center, animal shelter facility, fire station remodels, and local parks development and improvements. Significant State grant funds have been applied for and the City selected for funding, including $7.8 million in Proposition 68 and $3.6 million in Clean California grant funds for the community recreation center. The City also has $10 million in American Rescue Plan Act (ARPA) funds that may appropriate for general governmental purposes, including capital projects and improvements.

City staff is currently in negotiations for the purchase of property on Olive Avenue adjacent to City property for the location of the new library, with an estimated acquisition, design and construction cost of $30 million for a proposed 40,000-square foot facility. Staff has applied for the maximum $10 million in State Library Building Forward Infrastructure Program, which if awarded, combined with fire insurance proceeds would likely exceed $20 million in funding for the new facility. As staff develops options for the Council to consider in funding options for the planned projects and improvements, the City's municipal advisor has recommended that the City obtain a confidential issuers credit rating from S&P's Global Ratings, which last provided a rating of "AA" to the City in 2015. Given the age of the rating, an updated rating of the City would be helpful in evaluating potential financing options and will likely be necessary. S&P Global Ratings has quoted $15,000 for the confidential issuer credit rating, including annual credit surveillance updates.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution to authorize obtaining a confidential issuer credit rating from S&P's Global Ratings for likely future project financing; and

2. Adopt the draft Resolution to authorize the expenditure of $15,000 from the Special Purposes Reserve Fund.

ATTACHMENTS: 1. Draft Resolution: Confidential Issuer Credit Rating Item No. 25.

2. Draft Resolution : Special Purposes Reserve Fund

3. Municipal Code Chapter 2, Article VI. Funds of the City Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
RESOLUTION _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING S&P GLOBAL RATINGS TO ASSIGN CONFIDENTIAL ISSUER

CREDIT RATING FOR THE CITY
WHEREAS, the City no longer has a current credit rating from S&P Global Ratings because its last publicly offered issue has been redeemed; WHEREAS, it is desirable for the City to maintain an issuer credit rating from S&P Global Ratings in connection with future financings;
WHEREAS, an issuer credit rating is the rating agency’s opinion of an entity’s overall creditworthiness and is not tied to a specific debt instrument and many public entities use an issuer credit rating to convey to potential counterparties its view of their general creditworthiness;
WHEREAS, the fee for a local government issuer credit rating is $15,000 and there is no ongoing surveillance fee;
WHEREAS, S&P Global Ratings will credit fifty percent (50%) of the issuer credit rating fee ($7,500) toward any General Fund credit of the City that it rates within the next twelve (12) months;
WHEREAS, it is advisable for the City to request an issuer credit rating from S&P Global Ratings;

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

SECTION 1. The Council hereby authorizes the City Manager to obtain a confidential issuer credit rating from S&P Global Ratings for a fee of $15,000.

SECTION 2. Official Actions. The City Manager and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, which they, or any of them, may deem necessary or advisable in connection of obtaining an issuer credit rating from S&P Global Ratings. Whenever in this Resolution any officer of the City is directed to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable.

SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.

SECTION 4. Certification. The City Clerk shall certify to the passage and adoption hereof.

PASSED, APPROVED, AND ADOPTED this 3rd day of May, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
RESOLUTION _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE SPECIAL PURPOSES

RESERVE FUND FOR S&P GLOBAL RATINGS TO ASSIGN A CONFIDENTIAL

ISSUER CREDIT RATING FOR THE CITY
WHEREAS, the City is currently planning to implement an estimated $60 million in capital projects and improvements over the next several years; WHEREAS, the need for financing to fully fund projects and improvements may be necessary;
WHEREAS, the City no longer has a current credit rating from S&P Global Ratings because its last publicly offered issue has been redeemed; WHEREAS, it is desirable for the City to maintain an issuer credit rating from S&P Global Ratings in connection with potential future financings; WHEREAS, the City of Porterville Municipal Code Section 2-31.6 established the Special Purposes Reserve Fund for the purpose of providing funds to support one-time city special events, projects, and/or purposes that benefit the community; WHEREAS, the fee for a local government issuer credit rating is $15,000 and there is no ongoing surveillance fee;
WHEREAS, S&P Global Ratings will credit fifty percent (50%) of the issuer credit rating fee ($7,500) toward any General Fund credit of the City that it rates within the next twelve (12) months;
WHEREAS, it is advisable for the City to request an issuer credit rating from S&P Global Ratings;

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

SECTION 1. The City Council make a finding that the securing of a confidential issuer credit rating by S&P Global Ratings for potential future project financing is within the intent and purpose of the Special Purposes Reserve Fund; and SECTION 2. The City Council does hereby approve and authorize the appropriation of $15,000 from the Special Purposes Reserve Fund for the securing a confidential issuer credit rating by S&P Global Ratings.

PASSED, APPROVED, AND ADOPTED this 3rd day of May, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
ARTICLE VI. FUNDS OF THE CITY
1 SECTION:
2-31: Reserve And Designated Funds
2-31.1: "Budget Stabilization" Reserve Fund
2-31.2: "Catastrophic/Emergency" Reserve Fund
2-31.3: "Facility Deferred Maintenance/Equipment Replacement" Designated Fund 2-31.4: "Capital Construction/Improvement" Designated Fund 2-31.5: "Infrastructure Deferred Maintenance/Improvement" Designated Fund 2-31.6: "Special Purposes" Reserve Fund
2-31.7: "Formal City Council Action" For Appropriations 2-32: Special Gas Tax Street Improvement Fund; Created
2-33: Special Gas Tax Street Improvement Fund; Created; Monies Paid Into Fund 2-34: Special Gas Tax Street Improvement Fund; Created; Expenditure Of Monies In Fund Notes
1 1. See charter sections 46, 47, 48 and 53.
2-31: RESERVE AND DESIGNATED FUNDS:
2-31.1: "BUDGET STABILIZATION" RESERVE FUND:

It shall be the policy of the city of Porterville to establish reserve funds that shall be used for the purpose to mitigate, should it occur, onetime annual budget revenue shortfalls (actual revenues less than projected revenues) due to changes in the economic environment and/or actions by the county/state/federal government that have a material effect on the city's revenues; and/or expenditures that will result in future efficiencies and/or budgetary savings. The "budget stabilization" reserve fund shall be maintained at a minimum of fifteen percent (15%) of general fund annual budgeted operating expenditures (excluding onetime expenditures), and may only be appropriated by formal city council action with not less than four-fifths (4/5) of those voting in agreement. If the city council takes action due to making a finding(s) of material effects as stated above, it shall include findings of material effects as further specified in section 2-31.7 of this article. Should the fund's balance fall below ten percent (10%) of annual budgeted operating expenditures, then a plan will be established to replenish the fund to the required level within three (3) fiscal years. An initial balance shall be appropriated from the current unallocated reserve as of the date of adoption hereof in an amount equal to fifteen percent (15%) of the budgeted general fund expenditures for fiscal 2011-2012. (Ord. 1787, 4-3-2012) 2-31.2: "CATASTROPHIC/EMERGENCY" RESERVE FUND:

It shall be the policy of the city of Porterville to establish reserve funds that shall be used for the purpose to mitigate costs associated with unforeseen emergencies, including natural disasters or catastrophic events. Should unforeseen and unavoidable events occur that require the expenditure of city resources beyond those provided for in the annual budget, formal city council action with not less than four-fifths (4/5) of those voting in agreement, is required of a budget amendment confirming the nature of the emergency and authorizing the appropriation of reserve funds. The "catastrophic/emergency" reserve fund shall be maintained at a minimum of ten percent (10%) of general fund annual budgeted operating expenditures (less onetime expenditures). Should the fund's balance fall below ten percent (10%) of annual budgeted operating expenditures, then a plan will be established to replenish the fund to the required level within five (5) fiscal years. An initial balance shall be appropriated from the current unallocated reserve as of the date of adoption hereof in an amount equal to ten percent (10%) of the budgeted general fund expenditures for fiscal 2011-2012. (Ord. 1787, 4-3-2012)
2-31.3: "FACILITY DEFERRED MAINTENANCE/EQUIPMENT REPLACEMENT" DESIGNATED FUND:

It shall be the policy of the city of Porterville to establish designated funds that shall be used for the exclusive purpose of providing funds to support onetime city facility deferred maintenance and/or equipment replacement costs (excluding vehicles), such as, but not limited to, HVAC units, roofing, parking lot overlays, painting, plumbing, electrical, and doors/windows. The city council, by means of a resolution, may add, modify, or delete specific deferred maintenance or equipment replacement categories. The "facility deferred maintenance/equipment replacement" designated fund shall have no minimum balance, but shall accumulate funds until appropriated by formal city council action. The fund shall receive an allocation of one-third (1/3) of audited general fund unassigned fund balance (actual revenues more than actual expenditures). An initial balance shall be appropriated from the current unallocated reserve as of the date of adoption hereof in an amount equal to one-third (1/3) of the current unallocated reserve balance as of the date of adoption hereof after the funding of the budget stabilization reserve fund, the catastrophic/emergency reserve fund, and the initial funding of the special purpose reserve fund, have been deducted from the initial unallocated reserve fund balance. (Ord. 1787, 4-3-2012)
2-31.4: "CAPITAL CONSTRUCTION/IMPROVEMENT" DESIGNATED FUND:

It shall be the policy of the city of Porterville to establish designated funds that shall be used for the exclusive purpose of providing funds to support new capital construction and/or improvement projects as identified in the city's ten (10) year capital improvement plan. The "capital construction/improvement" designated fund shall have no minimum balance, but shall accumulate funds until appropriated by formal city council action. The fund shall receive an allocation of one-third (1/3) of audited general fund unassigned fund balance (actual revenues more than actual expenditures). An initial balance shall be appropriated from the current unallocated reserve as of the date of adoption hereof in an amount equal to one-third (1/3) of the current unallocated reserve balance as of the date of adoption hereof after the funding of the budget stabilization reserve fund, the catastrophic/emergency reserve fund, and the initial funding of the special purpose reserve fund, have been deducted from the initial unallocated reserve fund balance. (Ord. 1787, 4-3-2012)
2-31.5: "INFRASTRUCTURE DEFERRED MAINTENANCE/IMPROVEMENT" DESIGNATED FUND:

It shall be the policy of the city of Porterville to establish designated funds that shall be used for the exclusive purpose of providing funds to support onetime city infrastructure deferred maintenance and/or improvement costs, such as, but not limited to, streets/alleys, bridges, sewer, water, storm drain, and curb/gutter/sidewalk. The city council, by means of a resolution, may add, modify, or delete specific infrastructure deferred maintenance/improvement categories. The "infrastructure deferred maintenance/improvement" designated fund shall have no minimum balance, but shall accumulate funds until appropriated by formal city council action. The fund shall receive an allocation of one- third (1/3) of audited general fund unassigned fund balance (actual revenues more than actual expenditures). An initial balance shall be appropriated from the current unallocated reserve as of the date of adoption hereof in an amount equal to one-third (1/3) of the current unallocated reserve balance as of the date of adoption hereof after the funding of the budget stabilization reserve fund, the catastrophic/emergency reserve fund, and the initial funding of the special purpose reserve fund, have been deducted from the initial unallocated reserve fund balance. (Ord. 1787, 4-3-2012) 2-31.6: "SPECIAL PURPOSES" RESERVE FUND:

It shall be the policy of the city of Porterville to establish reserve funds as a line item of the annual city council budget that shall be used for the purpose of providing funds to support onetime city special events, projects, and/or purposes that benefit the community.

The "special purposes" reserve fund shall be maintained at a minimum of one hundred thousand dollars ($100,000.00), and may only be appropriated by formal city council action with four-fifths (4/5) of those voting in agreement. Should the fund's balance fall below one hundred thousand dollars ($100,000.00) in a fiscal year, then the general fund will replenish the fund to the minimum required level at the beginning of the following fiscal year. An initial balance in the amount of one hundred thousand dollars ($100,000.00) shall be appropriated from the current unallocated reserve as of the date of adoption hereof. (Ord. 1787, 4-3-2012) 2-31.7: "FORMAL CITY COUNCIL ACTION" FOR APPROPRIATIONS:

For the purposes of sections 2-31.1 through 2-31.6 of this article, formal city council action shall require adoption of a resolution. Said resolution shall contain the basis for a finding (or findings) of materiality if required by any provision in this article. Additionally, said resolution shall include finding(s) that the appropriation is within the intent and purpose of the designated and reserve funds including, where appropriate, one or more findings that the purpose of the appropriation is within the defined purpose of the designated and reserve funds whether or not explicitly stated in this article. (Ord. 1787, 4-3-2012) 2-32: SPECIAL GAS TAX STREET IMPROVEMENT FUND; CREATED:

To comply with the provisions of sections 2100 through 2127 of the Streets And Highways Code of the state with particular reference to section 2113 thereof, there is hereby created in the city treasury a special fund to be known as the "special gas tax street improvement fund". (Ord. 1537 § B9, 8-6-1996)
2-33: SPECIAL GAS TAX STREET IMPROVEMENT FUND; CREATED; MONIES PAID INTO FUND:

All monies received by the city from the state under the provisions of sections 2100 through 2127 of the Streets And Highways Code for the acquisition of real property or interests therein for, or the construction, maintenance or improvement of streets or highways other than state highways shall be paid into the special gas tax street improvement fund. (Ord. 1537 § B10, 8-6-1996) 2-34: SPECIAL GAS TAX STREET IMPROVEMENT FUND; CREATED; EXPENDITURE OF MONIES IN FUND:

All monies in the special gas tax street improvement fund shall be expended exclusively for the purposes authorized by, and subject to all of the provisions of sections 2100 through 2127 of the Streets And Highways Code of the state. (Ord. 1537 § B11, 8-6-1996)

Porterville City CouncilMay 3, 2022

Porterville City Council
May 3, 2022