CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
OCTOBER 4, 2022, 5:30 PM
Call to Order at 5:30 p.m.
Roll Call: Mayor Martha A. Flores, Council Member Milt Stowe, Council Member Lawana Tate, Council Member Donald Weyhrauch
Absent: Council Member Kellie Carrillo
ORAL COMMUNICATIONS
None.
CITY COUNCIL CLOSED SESSION:
A. Closed Session Pursuant to:
- Government Code Section 54956.8 - Conference with Real Propert Negotiators/Property: APN: 261-130-004. Agency Negotiator: John Lollis. Negotiatin Parties: City of Porterville and Cornerstone Main Partners II, L.P. Under Negotiation:
Terms and Price.
2 - Government Code Section 54956.8 - Conference with Real Property Negotiators/Property: APN: 298 North Main Street, Suites 2 and 3, Porterville, CA. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and Friends of The Porterville Library. Under Negotiation: Terms and Price. 3 - Government Code Section 54957.6 - Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee organizations: Porterville Peace Officers Association and Porterville City Firefighters Association. 4 - Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Litigation: Rae Dean Strawn v. Bruce Sokoloff Et Al., U.S. District Court, Eastern Div., Case No. 1:22-At-00742.
5 - Government Code Section 54956.9(d)(3) - Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation: Eight (8) cases in which facts are not yet known to potential plaintiff.
6 - Government Code Section 54956.9(d)(4) - Conference with Legal Counsel - Anticipated litigation - Initiation of Litigation: One (1) case. 6:31 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
City Attorney Lew reported that there was no reportable action.
Pledge of Allegiance Led by Council Member Tate
Invocation - A member of the public came forward to give in invocation.
PRESENTATIONS
Employee of the Month - Rosio Mejia
ORAL COMMUNICATIONS
• Brock Neeley, Porterville, recited a verse from the King James Version of the bible. • David Horowitz, Porterville, spoke of his recent visit to the local hospital and suggested a comparison could be made between his doctors' poor decision making and that of the City Council in matters concerning the process for cannabis dispensaries. • Rae Dean Strawn, Porterville, stated she is running for Porterville School Board Trustee and stated she does not remember calling anyone any derogatory remarks.
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3. 1 - Cannabis Ad Hoc Committee - September 21, 2022
Council Member Tate stated three proposals were received and reviewed by the committee and a recommendation was made to interview the applicants in the upcoming weeks.
Council Member Weyhrauch sated this was one of the first meetings he attended as a newly appointment Council Member; and that there would be a presentation by the applicants in the next few weeks by the applicants.
2 - Tulare County Homeless Task Force - September 21, 2022 Mayor Flores reported on the adoption AB361 Resolution, approval of minutes, updates on projects room key and home key and two presentations. The next meeting is scheduled for October 19th.
3 - Council of Cities - September 21, 2022
Mayor Flores reported on the approval of minutes and two items that were presented for discussion. The next meeting is scheduled for November 16th. 4 - Casino Relocation Meeting - September 26, 2022
Mayor Flores reported on status updates that were given regarding roadway improvements, non-potable water for casino supply and detention basin. 5 - Tulare County Economic Development Corporation - September 28, 2022 Mayor Flores reported on the approval of minutes, approval of financials, and a presentation by the Tule River Economic Development Corporation. 6 - Internal City Audit Committee Meeting - September 28, 2022 Mayor Flores reported on the approval of minutes, review of the Barn Theater agreement, an update on the FTA Triennial review, review of Status of Pension Obligation Bond Validation Suit, and the review of proposed Friends of the Library Lease Agreement. The next meeting is scheduled for October 26th.
7 - Tulare County Regional Transit Agency Meeting - September 28, 2022 Council Member Stowe reported on the Transdev Transition Training and Cross Valley Corridor Presentations as well as the approval of the Cash Advance and Repayment
Agreements with several cities and the approval of grant agreements with the Federal Transit Administration. The next meeting is scheduled for October 17'h. 8 - Tulare County Economic Development Corporation Coordination Meeting - September 29,2022
Mayor Flores reported on a conversation and tour with CEO Airica de Oliveira relating to economic development, within the City of Porterville.
9 - Sierra View Medical Center Foundation Gala - October 1, 2022 Mayor Flores reported on her attendance and stated the events goal was to raise funds for various equipment for the hospital.
10 - Police Department Badge Pinning Ceremony - October 3, 2022 Mayor Flores reported on her attendance to the ceremony and congratulated new officer Sarai Jimenez.
REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.
I. Staff Informational Reports
1. Fall Community Clean-Up Event
CONSENT CALENDAR
There were no items removed from the Consent Calendar for discussion.
COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Tate that the City Council approve Items Nos. 1-19. The motion carried unanimously.
1. CODE ENFORCEMENT VEHICLE PURCHASE
Recommendation: That the City Council:
1. Authorize staff to negotiate for the purchase of two vehicles up to a cost of $62,000 per vehicle, which is based on the Manufacturer's Suggested Letail Price plus tax, license, and applicable tees
• Authorize staff to negotiate up to $20.000 per vehicle for all th necessary equipment, including emergency lights, radios, and other tools required to place the vehicles into service. The vehicles will be negotiated either separately or as a unit through a process requesting quotes from not less than three vendors;
3. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase, at a total price not to exceed $90,200 per vehicle; and
4. Approve the appropriation of $90,200 in the Fire Department's General Fund budget from revenues to be generated by cannabis dispensaries and an additional appropriation of $40,200 from Measure I Funds.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 01-100422
Disposition: Approved.
AUTHORIZATION TO PURCHASE SPECIALIZED EQUIPMENT - BLOWER
MAGNETIC BEARING CONTROLLER
Recommendation: That City Council:
1. Authorize the purchase of a new magnetic bearing controller for a not to exceed amount of $18,421 which includes taxes, shipping and a ten
2. Direct the Finance Director to initiate a Purchase Order to Kaeser xes, freight and a ten percent (10%) contingency; al
Direct the Finance Director to make payment to Kaeser Compresso AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 02-100422
Disposition: Approved.
AUTHORIZATION TO REPAIR RAW SEWAGE PUMP #1
Recommendation: That City Council:
1. Award the repair of influent pump #1 to Shape Incorporated for a do not exceed amount of $21,419 which includes taxes and a ten percent (10%) contingency;
2. Direct the Finance Director to initiate a Purchase Order to Shape Incorporated for a do not exceed amount of $21,419 which includes taxes and a ten percent (10%) contingency; and
3. Direct the Finance Director to make payment to Shape Incorporated upon receipt of an invoice approved by the Public Works Director.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 03-100422
Disposition: Approved
4. AUTHORIZATION TO ADVERTISE FOR BIDS - AKIN AND CENTRAL MUTUAL
WATER SYSTEM IMPROVEMENT PROJECT
Recommendation: That City Council:
1. Approve Staff's recommended Plans and Project Manual; and
2. Authorize staff to advertise for bids on the project.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 04-100422
Disposition: Approved.
5. ACCEPTANCE OF PROJECT - PUBLIC SAFETY BUILDING STORAGE PROJECT Recommendation: That City Council:
• Accept the project as complete
2. Authorize the filing of the Notice of Completion; anc
3. Authorize the immediate release of the final payment, provided no stop notices have been filed.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 05-100422
Disposition: Approved
AWARD OF CONTRACT FOR CONSULTING SERVICES FOR LOCAL EARLY
ACTION PLANNING GRANT SOUTH OF TULE RIVER SPECIFIC PLAN Recommendation: That the City Council:
1. Authorize staff to negotiate a contract with Precision Engineering, Inc. to complete the Land Use and Circulation Elements for the Draft SoTu Specific plan and associated entitlements and environmental review; and
2. Authorize the Community Development Director to execute the contract.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 06-100422
Disposition: Approved.
AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT WITH RRM
DESIGN GROUP
Recommendation:
1. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for the Fourth Street Community Center and Park Project with RRM Design Group in the amount of $1,149,613; and
2. Authorize progress payments up to one hundred percent (100%) of the AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 07-100422
Disposition: Approved.
AUTHORIZATION TO SIGN AGREEMENT - EAGLE AERIAL SOLUTIONS Recommendation: That City Council:
seats to Eagle Aerial Solutions in an amount not exceed $38,478 per year; and
3. Diot the in ae Divote pred payment to a Works Droutions AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 08-100422
Disposition: Approved.
RESOLUTION ACCEPTING A DEED OF EASEMENT FROM THE UNITED STATES
DEPARTMENT OF AGRICULTURE FOREST SERVICE - HENRAHAN STREET Recommendation: That City Council:
1. Adopt the draft Resolution for the acceptance of the Easement from the United States Department of Agriculture Forest Service; and
2. Direct the City Clerk to record the Easement in the office of the Tulare County Recorder.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES:
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 99-2022
Disposition: Approved.
APPROVAL OF RESOLUTION FOR THE SUBMITTAL OF AN APPLICATION,
ACCEPTANCE OF FUNDS AND EXECUTION OF A GRANT AGREEMENT WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR AN AIRPORT
IMPROVEMENT PROGRAM MATCHING GRANT
Recommendation: That the City Council adopt the attached draft Resolution authorizing the Finance Director to file an application and execute the AIP Matching Grant Agreement with the California Department of Transportation.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 100-2022
Disposition: Approved.
EAST PORTERVILLE WATER CONNECTION ACCESSORY DWELLING UNIT Recommendation: That the City Council adopt the draft Resolution approving the second water service connection for the Accessory Dwelling Unit (ADU).
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 101-2022
Disposition: Approved
12. PROGRAM SUPPLEMENT TO THE ADMINISTERING AGENCY-STATE
AGREEMENT FOR FEDERAL-AID PROJECTS - OLIVE AVENUE AND PORTER
ROAD/CLOVERLEAF STREET INTERSECTION SIGNAL REPLACEMENT
PROJECT
Recommendation:
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 102-2022
Disposition: Approved.
13. CONSENT TO SUBLET - LOT NO. 6 AT THE PORTERVILLE MUNICIPAL AIRPORT Recommendation:
1. Authorize the Lessee, TREDC Real Estate, to sublet the airport hangar Lot No. 6 on behalf of the City.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 09-100422
Disposition: Approved.
14. ASSIGNMENT OF AIRPORT LEASE - LOT NO. 38
Recommendation: That the City Council:
1. Approve the Assignment of Lease for Lot No. 38 at the Porterville Municipal Airport from Raymond Broad and Dernie Waikiki to Thomas S. Raya and Elizabeth M. Raya; and
2. Authorize the Mayor to sign the Lessor's Consent to Assignment of Lease on behalf of the City.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 10-100422
Disposition: Approved.
15. AUTHORIZATION OF STREET CLOSURE
Recommendation: That the City Council authorize the Fire and Police Departments to close city streets in the vicinity of Fire Station 71 as deemed necessary on October 11, 2022.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 11-100422
Disposition: Approved.
16. AUTHORIZATION OF STREET CLOSURE - PORTER ROAD
Recommendation: That the City Council:
1. Approve the request of the Porterville Military Academy to close Porter Road on Monday, October 31, 2022, from 5:00 P.M. to 9:00 P.M.; and
2. Direct City staff to locate and remove City-owned traffic safety barriers.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 12-100422
Disposition: Approved
17. AUTHORIZATION FOR OUT-OF-STATE TRAVEL TO GEORGIA SMOKE DIVER
TRAINING
Recommendation: That the City Council authorize travel by City representatives to Dalton, Georgia to attend Smoke Divers Training.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 13-100422
Disposition: Approved.
18. REAFFIRM CONDITIONS OF STATE ASSEMBLY BILL 361 TO CONTINUE
REMOTE ATTENDANCE AT PUBLIC MEETINGS
Recommendation: That the City Council consider adoption of the draft Resolution to continue though he use i he leonie ing provins or A tings remotely AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: Resolution No. 103-2022
Disposition: Approved.
19. STATUS AND REVIEW OF LOCAL EMERGENCY: DROUGHT
Recommendation:
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 14-100422
Disposition: Approved.
SCHEDULED MATTERS
20. CONSIDERATION OF APPOINTMENTS TO THE ANIMAL CONTROL
COMMISSION
Recommendation: That the City Council consider the reappointment requests of Kathy Guinn, Jerry Hall, and Kathleen Harris for terms expiring in September 2026; and consider the appointment of individuals to the vacant seat on the commission with a term expiring in September 2024.
City Manager Lollis introduced the item and Deputy City Manager Patrice Hildreth presented the staff report.
COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Weyhrauch that the City Council approve the reappointment of Kathy Guinn, Jerry Hall, and Kathleen Harris.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 15-100422
Disposition: Approved.
COUNCIL ACTION: MOVED by Council Member Stowe, SECONDED by Mayor Flores that the City Council appoint Lacie Goodlett to the vacant seat with a term set to expire in September 2024.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None
ABSTAIN: None
ABSENT: Carrillo
Documentation: M.O. 16-100422
Disposition: Approved.
21. WHOLLY-LOCAL CANNABIS ADULT-USE DISPENSARY REQUEST FOR
PROPOSALS
Recommendation: That the City Council approve the scheduling of a Special Meeting for responde, is to the 24 or wholly cal cama bis business peat nualified City Manager Lollis introduced the item and presented the staff report.
Discussion ensued between members of the council and a recommendation was made to coordinate with its Ad Hoc Committee (comprised of Council Members Tate and Weyhrauch) in recommending the interview process.
COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Milt Stowe that the City Council approve the scheduling of a Special Meeting for Monday, October 24, 2022 at 6:00 p.m. to interview the qualified responders to the RFP for a wholly-local cannabis business operating permit for retail dispensary, and meeting to be held by the Cannabis Ad Hoc Committee to review and approve a questionnaire for the applicants.
AYES: Weyhrauch, Tate, Stowe, Flores
NOES: None.
ABSTAIN: None.
ABSENT: Carrillo
Documentation: M.O. 17-100422
Disposition: Approved.
ORAL COMMUNICATIONS
• David Horowitz., Porterville, spoke of the Request for Proposals (RFP) Process and spoke in favor of a truly locally-owned business.
• Rae Dean Strawn, Porterville, reported on the local regulations of the cannabis dispensaries and offered her expertise regarding the history of the RFP Process. • Maria Morerro, Porterville, presented the council with the copies of the RFP and cited language from the RFP.
• Darren Garrett, Porterville, stated he and his proponents were not present to create conflict and stated that the other applicants were not wholly-local like Bloom Farms and that the City should do what is right.
OTHER MATTERS
• Council Member Tate stated she is anxious to get the cannabis dispensary business established.
• Council Member Weyhrauch thanked Mayor Flores for her attendance at all the meetings in which she participates, and thanked the public for their participation at the meeting. • Mayor Flores congratulated Rogelio Caudillo from the ETGSA who is soon-to-be seated on the Tulare County Water Commission, and thanked him for his attendance that evening.
Mayor Flores also spoke of her attendance at Dr. Claudia Habib's invitation at a PC event with Author Gary Soto.
• City Manager Lollis spoke of the successful conclusion of the City of Porterville Corporate Games, mentioned the upcoming Pioneer Days, as well as the scheduled check presentation next week by Senator Melissa Hurtado for the Emergency Operations Center. Mr. Lollis also congratulated Finance Director Maria Bemis on her upcoming birthday.
ADJOURNMENT -
The Council adjourned at 7:57 to the meeting of October 18, 2022 at 5:30 p.m.
Fernando Gabriel-Moraga, Deputy City Clerk
Martha A. Flores, Mayor