APPENDICES
A. Resolution 100-2019, Order of Business
B. Resolution 97-2019, Ticket Policy
C. Annual City Manager/City Attorney Evaluation Forms
D. Electronic Device, Internet, and Email Policy
E. Email Retention Policy
APPENDIX A
APPENDIX A
APPENDIX A
CITY MANAGER
PERFORMANCE EVALUATION
WEAK STRONG
A. Providing Information
1. Does the City Manager keep you informed, in a
timely manner, of the things you want to know
about?
1 2 3 4 5
2. Do you feel that you receive information on an
equal basis with other Council members? 1 2 3 4 5
3. Do reports provide adequate information and
analysis to help you make sound decisions? 1 2 3 4 5
4. Are agenda items and supporting documents
appropriate and brought to Council in sufficient
time for deliberations?
1 2 3 4 5
5. Does the City Manager follow established
policy concerning the placement of items on
the agenda?
1 2 3 4 5
6. Does the City Manager follow up promptly on
Council requests for information or action
without having to be reminded?
1 2 3 4 5
7. Are Council packets relatively free of errors
and omissions? 1 2 3 4 5
Average score
WEAK STRONG
B. Providing Advice
1. Does the City Manager have adequate
knowledge of municipal affairs? 1 2 3 4 5
2. Does he exercise good judgment? 1 2 3 4 5
3. Do you feel that the City Manager considers
alternatives before making recommendations? 1 2 3 4 5
4. Does the City Manager plan ahead, anticipate
needs and recognize potential problems? 1 2 3 4 5
5. How do you feel about the quality of analysis
that accompanies recommendations? 1 2 3 4 5
6. Does he have a good sense of timing in
bringing issues to the Council for action? 1 2 3 4 5
Average score
INTERNAL ADMINISTRATION
WEAK STRONG
A. Financial Management
1. Are you comfortable with the City Manager’s
approach to budget preparation and review? 1 2 3 4 5
2. Is the City Manager effective in controlling costs
through economical utilization of manpower,
materials, and equipment?
1 2 3 4 5
3. Does the City Manager have sufficient
knowledge of financial matters? 1 2 3 4 5
4. Does the City Manager provide you with
sufficient information on the financial status of
the City government?
1 2 3 4 5
5. Is the budget submitted on time? 1 2 3 4 5
Average score
WEAK STRONG
B. Personnel Management
1. Is the City Manager successful in guiding
people so that they work together as a team
toward common objectives?
1 2 3 4 5
WEAK STRONG
2. Is the City Manager effective in selection and
placing personnel? 1 2 3 4 5
3. Does the City Manager develop and motivate
personnel so that they are increasingly effective
in performing their duties?
1 2 3 4 5
4. Is the City Manager willing to face up to
disciplinary problems and take action when
warranted?
1 2 3 4 5
5. Is the City Manager effective in promoting
positive employer-employee relations? 1 2 3 4 5
6. Is the City Manager effective on assuring that
staff makes a positive impression on citizens? 1 2 3 4 5 Average score
WEAK STRONG
C. Getting the Job Done
1. Do you have the feeling that things the Council
decides or directs get done? 1 2 3 4 5
2. Does the City Manager organize or assign work
so that it is performed efficiently and
effectively?
1 2 3 4 5
3. Does the City Manager pay sufficient attention
to detail to avoid error or things “slipping
through the cracks”?
1 2 3 4 5
4. Does the City Manager put in sufficient time
and effort to perform to your expectations? 1 2 3 4 5
5. Does the City Manager have a good sense of
priorities in the way he spends his time on the
job?
1 2 3 4 5
6. Is the City Manager able to analyze problems or
issues and identify causes, reasons, and
implications?
1 2 3 4 5
7. Does the City Manager develop and carry out
short- and long-term action plans? 1 2 3 4 5
Average score
EXTERNAL RELATIONS
WEAK STRONG
A. Citizen Relations
1. Does the City Manager generally make a
positive impression on citizens and is he
respected in Porterville?
1 2 3 4 5
2. Is he effective in handling disputes or
complaints involving citizens? 1 2 3 4 5
3. Does the City Manager have appropriate
visibility or identity in the community? 1 2 3 4 5
4. Does the City Manager represent Council
positions and policies accurately and
effectively?
1 2 3 4 5
5. Does the City Manager have the insight and
knowledge to work with the Council, staff, and
citizens to find effective solutions to issues?
1 2 3 4 5
Average score
WEAK STRONG
B. Intergovernmental Relations
1. Is the City Manager effective representing the
City’s interests in dealing with other agencies? 1 2 3 4 5
2. Does the City Manager participate in enough
intergovernmental activity to have an impact on
behalf of the City?
1 2 3 4 5
Average score
PERSONAL CHARACTERISTICS
WEAK STRONG
A. Personality
1. Is the City Manager’s personality suited to
effective performance of his duties? 1 2 3 4 5
Average score
WEAK STRONG
B. Communications
1. Is the City Manager easy to talk to? 1 2 3 4 5
2. Do you feel he is a good listener? 1 2 3 4 5
3. Are communications thoughtful, clear, and to
the point? 1 2 3 4 5
4. Does the City Manager show sensitivity to the
concerns of others? 1 2 3 4 5
Average score
WEAK STRONG
C. Management Style
1. Does the City Manager demonstrate interest
and enthusiasm in performing his duties? 1 2 3 4 5
2. Does he have sufficient leadership
characteristics to command respect and good
performance from employees?
1 2 3 4 5
3. Does the City Manager show initiative and
creativity in dealing with issues, problems, and
unusual situations?
1 2 3 4 5
4. Is the City Manager open to new ideas and
suggestions for change? 1 2 3 4 5
5. Does the City Manager create an atmosphere
in which employees can enjoy working for the
City?
1 2 3 4 5
6. Is the City Manager honest and ethical? 1 2 3 4 5
7. Does the City Manager work well under
pressure? 1 2 3 4 5
8. Is the City Manager able to change his
approach to fit new situations? 1 2 3 4 5
9. Can the City Manager consistently put aside
personal views and implement Council policy
and direction?
1 2 3 4 5
Average score
ACHIEVEMENTS
List the top three achievements or strong points of the City Manager for the past twelve (12) months:
1. 2.
3. FUTURE DEVELOPMENT
List three performance objectives for the City Manager that you feel are the most important targets for this year:
1. 2.
3.
Total Overall Score
WEAK STRONG
OVERALL RATING 1 2 3 4 5
Date:
_________________________________
Martha A. Flores, Mayor
_______________________________ ______________________________ Monte Reyes, Vice Mayor Milt Stowe, Council Member
_______________________________ ______________________________ Daniel Peñaloza, Council Member Virginia Gurrola, Council Member
CITY ATTORNEY
PERFORMANCE EVALUATION
WEAK STRONG
A. Providing Information
1. Does the City Attorney keep you informed, in a
timely manner, of the legal issues affecting the
City?
1 2 3 4 5
2. Does the City Attorney demonstrate initiative
and resourcefulness in identifying legal
problems, and advising and recommending
resolutions?
1 2 3 4 5
3. Do reports/memoranda from the City Attorney
provide adequate information and analysis to
help you make sound decisions?
1 2 3 4 5
4. Do the legal solutions that are developed
appropriately address the issues to be
resolved?
1 2 3 4 5
5. Does the City Attorney follow up promptly on
Council requests for information or action
without having to be reminded?
1 2 3 4 5
Average score
WEAK STRONG
B. Providing Advice
1. Does the City Attorney have adequate
knowledge of municipal legal affairs? 1 2 3 4 5
2. Does he/she exercise good judgment? 1 2 3 4 5
3. Do you feel that the City Attorney considers
alternatives before making recommendations? 1 2 3 4 5
4. Does the City Attorney plan ahead, anticipate
needs and recognize potential legal problems? 1 2 3 4 5
5. How do you feel about the quality of analysis
that accompanies recommendations? 1 2 3 4 5
Average score
WEAK STRONG
C. Getting the Job Done
1. Do you have the feeling that things the Council
decides or directs get done? 1 2 3 4 5
2. Does the City Attorney pay sufficient attention
to detail to avoid error or things “slipping
through the cracks”?
1 2 3 4 5
3. Does the City Attorney put in sufficient time and
effort to perform to your expectations? 1 2 3 4 5
4. Does the City Attorney have a good sense of
priorities in the way he/she spends his/her time
on the job?
1 2 3 4 5
5. Is the City Attorney able to analyze problems or
issues and identify causes, reasons, and
implications?
1 2 3 4 5
6. Does the City Attorney perform well under
pressure? 1 2 3 4 5
7. When work is delegated to staff/deputy
attorneys, is the project/issue handled
appropriately?
1 2 3 4 5
Average score
EXTERNAL RELATIONS
WEAK STRONG
A. Citizen Relations
1. Does the City Attorney generally make a
positive impression on citizens and is he/she
respected in Porterville?
1 2 3 4 5
2. Is he/she effective in handling disputes or
complaints involving citizens? 1 2 3 4 5
3. Does the City Attorney have appropriate
visibility or identity in the community? 1 2 3 4 5
4. Does the City Attorney think and act in a
manner reflecting an attitude that client
(Council, staff, or citizens) perceptions and
satisfactions are key?
1 2 3 4 5
Average score
WEAK STRONG
B. Intergovernmental Relations
1. Is the City Attorney effective representing the
City’s interests in dealing with other agencies? 1 2 3 4 5 Average score
PERSONAL CHARACTERISTICS
WEAK STRONG
A. Personality
1. Is the City Attorney’s personality suited to
effective performance of his/her duties? 1 2 3 4 5
Average score
WEAK STRONG
B. Communications
1. Is the City Attorney easy to talk to? 1 2 3 4 5
2. Do you feel he/she is a good listener? 1 2 3 4 5
3. Are communications thoughtful, clear, and to
the point? 1 2 3 4 5
4. Does the City Attorney show sensitivity to the
concerns of others? 1 2 3 4 5
Average score
WEAK STRONG
C. Management Style
1. Does the City Attorney demonstrate interest
and enthusiasm in performing his/her duties? 1 2 3 4 5
2. Does the City Attorney show initiative and
creativity in dealing with issues, problems, and
unusual situations?
1 2 3 4 5
3. Is the City Attorney honest and ethical? 1 2 3 4 5
4. Does the City Attorney work well under
pressure? 1 2 3 4 5
WEAK STRONG
5. Is the City Attorney able to change his/her
approach to fit new situations? 1 2 3 4 5
6. Can the City Attorney consistently put aside
personal views and implement Council policy
and direction?
1 2 3 4 5
Average score
ACHIEVEMENTS
List the top three achievements or strong points of the City Attorney for the past twelve (12) months:
1. 2.
3. FUTURE DEVELOPMENT
List three performance objectives for the City Attorney that you feel are the most important targets for this year:
1. 2.
3.
TOTAL OVER ALL SCORE
WEAK STRONG
OVERALL RATING 1 2 3 4 5
Date:
_________________________________
Martha A. Flores, Mayor
_______________________________ ______________________________ Brian Ward, Vice Mayor Milt Stowe, Council Member
_______________________________ ______________________________ Monte Reyes, Council Member Daniel Peñaloza, Council Member
CITY COUNCIL
CITY DEVICE, INTERNET & EMAIL POLICY
Electronic devices are made available to Council Members upon taking office and assuming Council duties. Access to email and the internet is a resource also made available to City Council Members as a means of communicating with City administration and constituents. The City Council recognizes that access to electronic communications contributes to the efficiency of conducting city business. The City Council has adopted this policy to ensure that all City of Porterville computer and network resources are used for purposes appropriate to City business; to inform Council Members of the applicability of laws and policies to computer and network usage; to establish policies on privacy, confidentiality, and security in electronic communications; and to provide guidance concerning rights and responsibilities with respect to the proper use of City of Porterville computer and network resources.
SCOPE
This policy applies to:
1. All City Council Members, as authorized users, whether elected or appointed;
2. All computer and mobile devices and network resources leased, owned, or managed by the City of Porterville; and
3. All electronic communications records in the possession of the City of Porterville.
CONFIDENTIALITY AND SECURITY
1. All materials sent or received over the Internet on electronic devices and/or network resources leased, owned or managed by the City, shall be considered property of the City. An authorized user does not have privacy rights in any matter created, received or sent. The City reserves the right to monitor access or disclose any message created, received or sent via the Internet or e-mail at any time, without advanced notice.
2. All authorized users shall respect the privacy of other users; for example, users shall not intentionally seek information on, obtain copies of, or modify files or data, belonging to other users, unless explicit permission to do so has been obtained.
3. Authorized users are to safeguard their accounts and passwords. Accounts and passwords are normally assigned to a single user, and are not to be shared with others. Users are responsible for their individual computer accounts and shall take
APPENDIX D
all reasonable precautions to prevent others from using their accounts. All notebooks and/or tablets should be locked or logged off each time they leave the device unattended. Account owners are ultimately responsible for all activity under their account.
4. Authorized users will not connect, attempt to connect or disconnect any computer or peripheral to, from or within the City of Porterville network without prior authorization from the Information Technology Division.
5. Authorized users will not use or attempt to use on the City of Porterville network any of the following items: any computer operating system media; computer or network utilities; network monitors; unlocking utilities or any software used to repair, change or monitor computer operations, network activity or security without preapproval from the Information Technology Division.
6. Authorized users should not attempt to remove the email disclaimers in their emails.
7. Authorized users shall not write down passwords to City of Porterville resources in an unsecured area.
8. Confidential information should not be downloaded or stored on portable resources unless proper encryption and password protection mechanisms are in place.
UNACCEPTABLE USES
1. Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, unauthorized digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by City of Porterville.
2. Accessing or viewing sexually explicit or pornographic material.
3. Exporting software, technical information, public safety information, or encryption software, in violation of international or regional export control laws. Such use is illegal. The Information Technology Division should be consulted prior to export of any material that is in question.
APPENDIX D
4. Introduction of malicious programs into the network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.) that may gain unauthorized access to any computer or computing system and cause intentional disruption.
5. Revealing your account password to others or allowing use of your account by others. This includes family and other household members when work is being done at home.
6. Using a City of Porterville device for profit activities (e.g., consulting for pay, sale of goods such as Avon and Amway products, etc.), or to actively engage in procuring or transmitting material that is in violation of discriminatory, sexual harassment or hostile workplace laws. Use of City devices or networks for political campaign purposes is expressly prohibited.
7. Making fraudulent offers of products, items or services originating from any City of Porterville account.
8. Effecting security incidents or disruptions of network communication. Security incidents include, but are not limited to, accessing data of which the authorized user is not an intended recipient or logging into a server or account that the authorized user is not expressly permitted to access, unless these duties are within the scope of regular duties. For purposes of this section, “disruption” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.
9. Port scanning or security scanning. Such use is expressly prohibited.
10. Executing any form of network monitoring which will intercept data not intended for the authorized user’s host, unless this activity is part of the employee’s normal job/duty.
11. Circumventing user authentication of security of any host, network or account.
12. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user’s terminal session, via any means, locally or via the Internet/Intranet/Extranet.
APPENDIX D
13. Unless explicitly authorized, providing information about, or lists of, City of Porterville employees or its affiliates to parties outside City of Porterville.
14. Incurring personal charges through the use of these systems. In the event that an authorized user does incur personal charges through the use of these systems, that user will be responsible for reimbursing the City for all expenses incurred.
15. Removing or disabling the security software (i.e. firewalls, anti-virus, anti-spyware, etc.) for any reason, unless done by or with the authority of the Information Technology staff.
16. The connection of portable or desktop computers to the City of Porterville computer network without approval by the Information Technology Division. Visitors or vendors under your care are not allowed to connect their portables directly to the City’s network.
CITY’S RESERVATION OF THE RIGHT TO MONITOR
Pursuant to the Electronic Communications Privacy Act of 1986...notice is hereby given that there are NO facilities provided by the City for sending or receiving private confidential electronic communications. System administrators have access to all mail and user data files, and will monitor messages as necessary to assure efficient performance.
PUBLIC RECORDS AND PRIVATE AND PUBLIC DEVICES
Any temporary and permanent files and data prepared or received on a City owned or controlled device are considered a public record, unless an otherwise valid public records exemption applies.
Temporary and permanent files and data prepared or received on a privately-owned device or electronic system by an authorized user containing information relating to the conduct of the public’s business are public records subject to control by the City and compliance with the City’s record policies. A writing relates to the conduct of the public’s business when it serves, or is intended to serve, a City purpose and involves a matter over which the authorized user has work responsibility. This policy is not intended to modify the definition of a public record as defined by the California Public Records Act.
When notified of a public records request, the authorized user must conduct a reasonable search for, locate, and review writings maintained on his or her privatelyowned device or electronic systems that are potentially responsive to a public records request and provide the responsive records to the City Clerk. The authorized user must provide an explanation for a decision to exclude certain writings as not being responsive
APPENDIX D
public records. If required by the City Attorney, the authorized user must execute an affidavit containing a sufficient factual basis for the City or a court to determine whether a record on a privately-owned electronic systems is not a responsive public record.
LOST OR STOLEN
Authorized users must report to City Administration, within one business day, whenever any personal device used pursuant to this policy is suspected or known to be lost or stolen. Upon notification of loss/theft, the System administrators may issue a remote wipe of affected City-owned or controlled devices to ensure that City-related data is safeguarded. The City is not liable for the potential loss of personal (e.g., contacts, apps, photos, etc.) data, including the potential to restore the device to factory default settings.
APPENDIX D
PURPOSE:
To provide a procedure for the retention of e-mails consistent with applicable state and/or federal law and to provide for the efficient maintenance of affected infrastructure.
PROCEDURE:
Managing Agency E-mail
Agency officials and employees are responsible for the management of their e-mail folders on a regular basis. It is the responsibility of agency officials and employees to determine if an e-mail is an Official Agency Record (“OAR”) which must be retained in accordance with the City’s Records Retention Policy. An e-mail message and any attachments regardless of format may be considered an OAR.
Messages that are Generally NOT Considered as Official Agency Records Examples of e-mail messages that are not generally considered OARs may include: (1) personal messages; (2) “Spam” emails, advertisements, or other “junk” e-mail; (3) messages not related to public business (e.g., employee birthday celebrations in the lunch room); and (4) newsletters or general information from vendors or other public agencies.
Preserving E-mails that are Official Agency Records
Any e-mail message, including any attachments regardless of format that is an OAR should be preserved by one of the following methods:
1. Print the email and consolidate the printed copy in the appropriate file. Generally, the employee who sends the e-mail should be the person responsible for printing and filing the hard copy, but persons responsible for a particular program or project file shall be responsible for retaining all e-mail they send or receive related to that program or project
2. Move the e-mail from your Inbox to the archival folder within your Office 365 account.
E-mail Box Retention Schedule
Days 120 120 30 30
Email Folders Inbox Sent Delete Junk
CITY OF PORTERVILLE
ADMINISTRATIVE POLICY
Number V-A-15
Date May 2, 2019
Revised
Authority Administration
City Manager
SUBJECT: EMAIL RETENTION POLICY
APPENDIX E
Inbox and Sent folders retention period is 120 days. Items that reach 120 days will be automatically moved to archive.
Deleted and Junk folders retention period is 30 days. Items that reach 30 days will be automatically moved to archive.
This policy does not waive any exemption to disclosure that may apply under the California Public Records Act or other applicable law.
APPENDIX E
Item No. 16.
CITY COUNCIL AGENDA – DECEMBER 20, 2022
SUBJECT: Approval of Administrative Budget and Recognized Obligation Payment Schedule for Fiscal Year 2023-2024
SOURCE: Finance
COMMENT: The Successor Agency to the Porterville Redevelopment Agency, (the "Successor Agency) was formed to administer the enforceable obligations and otherwise unwind the former affairs of the former Porterville Redevelopment Agency, all subject to the review and approval of an Oversight Board (OB).
A Recognized Obligation Payment Schedule (ROPS) is the document setting forth the minimum payment amounts and due dates of payments required by the enforceable obligations of the Successor Agency for each fiscal year. Pursuant to HSC section 34177 (o) (1), agencies shall submit an Oversight Board approved annual ROPS and Oversight Board Resolution to the California Department of Finance by February 1. In accordance with HCS section 34177 (l) (2) (C), a copy of the ROPS report and OB resolution must be submitted to the County Auditor-Controller and the State Controller's Office.
Staff has prepared ROPS 2023-24 covering enforceable obligations of the Successor Agency for the fiscal year beginning July 1, 2023 through June 30, 2024. It will be presented to the Oversight Board for consideration and approval at its meeting on January 13, 2023.
The Successor Agency is limited to making payments reflected on an approved ROPS; therefore, approval of the ROPS by the Successor Agency, the Oversight Board and the California Department of Finance is essential to the continued funding of the Successor Agency obligations.
RECOMMENDATION: That the Board of the Successor Agency:
1. Adopt the draft Resolution approving the Administrative Budget and the Recognized Obligation Payment Schedule for the period July 1, 2023 through June 30,2024, provided that should any modification be required to the ROPS 2023-24, the Finance Director shall be authorized to make such modification;
2. Direct Successor Agency staff to submit ROPS 2023-24 to the Countywide Oversight Board for approval; and
3. Direct Successor Agency staff to submit the Oversight Board approved ROPS 2023-24 to the County Auditor-Controller, the State Controller's Office and the California Department of Finance by February 1, 2023.
Item No. 16.
ATTACHMENTS: 1. Draft Resolution
2. Draft Annual Administrative Budget
3. Draft Recognized Obligation Payment Schedule Fiscal Year 2023-2024
Appropriated/Funded:
Review By:
Department Director:
Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
SUCCESSOR AGENCY RESOLUTION NO. 2022 -
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE PORTERVILLE
REDEVELOPMENT AGENCY APPROVING THE ADMINISTRATIVE
BUDGET AND RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR
THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2024
WHEREAS, the Successor Agency to the Porterville Redevelopment Agency (Successor Agency) has been established to take certain actions to wind down the affairs of the Porterville Redevelopment agency in accordance with Section 34173 of the Health and Safety Code (HSC); and
WHEREAS, pursuant to HSC Sections 34179 and 34180 of the Dissolution Act, certain actions of the Successor Agency are subject to the review and approval by an oversight board; and WHEREAS, on or after July 1, 2018, the County of Tulare, through the Tulare County Auditor Controller, established the Countywide Oversight Board (Oversight Board) of Tulare County in compliance with HSC Section 34179(j), which serves as the oversight board to all of the successor agencies existing and operating in Tulare County, including the Successor Agency; and
WHEREAS, pursuant to HSC Section 34171(h) of the Dissolution Act, a “Recognized Obligation Payment Schedule” (ROPS), means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each one-year fiscal period as provided in subdivision (o) of HSC Section 34177 of the Dissolution Act; and WHEREAS, pursuant to HSC Section 34177 (j) of the Dissolution Act, the Successor Agency is required to prepare and submit to the Oversight Board an “Administrative Budget” for each annual fiscal period corresponding to each ROPS; and WHEREAS, pursuant to HSC Section 34177(o) of the Dissolution Act, the Successor Agency must prepare, approve and submit to the Oversight Board for approval its Recognized Obligation Payment Schedule; and
WHEREAS, the Successor Agency has prepared its Administrative Budget and ROPS for the period covering July 1, 2023 through June 30, 2024 (ROPS 23-24), which is incorporated herein by this reference; and
WHEREAS, the Oversight Board will consider the approval of ROPS 23-24 at its meeting on January 13, 2023; and
WHEREAS, pursuant to HSC Section 34177.7 (o)(1), the Successor Agency shall submit an Oversight Board approved annual ROPS to the California Department of Finance and the County Auditor-Controller by February 1st of each year for approval; and WHEREAS, pursuant to HSC Section 34177(l)(2)(C) of the Dissolution Act, a copy of the Oversight Board approved ROPS 23-24 and Oversight Board Resolution shall be submitted to the County Auditor-Controller and the State Controller’s Office no later than February 1, 2023 and a copy of the final ROPS shall be posted on the City’s/Successor Agency’s website.
NOW, THEREFORE, BE IT RESOLVED, that the Board of the Successor Agency to the Porterville Redevelopment Agency:
1. Approve the Administrative Budget for the period covering July 1, 2023 through June 30, 2024; and
2. Approve ROPS 23-24 and authorize the Finance Director to make such modification as may be deemed appropriate; and
3. Authorize the Finance Director to transmit ROPS 23-24 to the Oversight Board and upon approval thereof by the Oversight Board, to transmit the approved ROPS 23-24 and the Oversight Board Resolution to the California Department of Finance, the County AuditorController and the State Controller’s Office and to post the approved ROPS 23-24 on the City’s website.
PASSED, APPROVED AND ADOPTED this 20th day of December, 2022.
By:
Martha A. Flores, Chair
ATTEST:
John D. Lollis, Agency Secretary
__ ____________
Patrice Hildreth, Chief Deputy Agency Secretary
PORTERVILLE SUCCESSOR AGENCY
ANNUAL ADMINISTRATIVE BUDGET
2023 - 2024
OBJECT ACCOUNT DESCRIPTION BUDGET
PERSONAL SERVICES
-01 SALARIES, REGULAR 5,000 $
-09 BENEFITS 3,000 $
TOTAL $ 8,000
Successor Agency: Porterville
County: Tulare
23-24A Total 23-24B Total
Current Period Requested Funding for Enforceable ROPS 23-24 Obligations (ROPS Detail) Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds $ -
C Reserve Balance $ -
D Other Funds $ -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 247,415 $ 252,917 $ 500,332 F RPTTF $ 243,415 $ 248,917 $ 492,332
G Administratvie RPTTF $ 4,000 $ 4,000 $ 8,000
H Current Period Enforceable Obligations (A+E) $ 247,415 $ 252,917 $ 500,332 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certifiy that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above name successor agency, /s/
Signature Date
(July -
December
(January -
June)
Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Other
Funds RPTTF
Bond
Proceeds
Other
Funds RPTTF
$ 10,812,709 $ 500,332 $ - $ 247,415 $ 247,415 $ - $ - $ 252,917 $ 252,917 15 Successor Agency
Administration
Admin Costs 1/1/2015 6/30/2040 City of
Porterville
Agency Administration
cost.
Project
Area No.
1 as
Amended
$ 72,000 N $ 8,000 $ 4,000 $ 4,000 4,000 $ 4,000 $
21 Tax Allocation
Refunding Bonds,
Series 2016A
Refunding
Bonds
Issued After
6/27/12
12/1/2016 6/1/2040 U.S. Bank
National
Association
Issuance of tax allocation
refunding bonds to refund
the 2008 bonds
$ 6,935,334 N $ 320,319 $ 160,159 $ 160,160 160,159 $ 160,160 $ 22 Taxable Tax
Allocation Refunding
Bonds, Series 2016B
Refunding
Bonds
Issued After
6/27/12
12/1/2016 6/1/2040 U.S. Bank
National
Association
Issuance of taxable tax
allocation refunding bonds
to refund the 2008 bonds
$ 3,641,875 N $ 166,513 $ 83,256 $ 83,257 83,256 $ 83,257 $ 23 Trustee Fees Fees 12/1/2016 6/30/2040 U.S. Bank
National
Association
Trustee fees in relation to
the Series 2016A and
2016B bonds
$ 73,500 N $ - 3,000 $ 3,000 $ 3,000 $
24 Continuing
Disclosure Services
and Dissemination
Agent Fees
Fees 12/1/2016 6/30/2040 Willdan
Financial
Services
Professional fees in
connection with continuing
disclosure services and
dissemination of
information required by the
Indenture of Trust
$ 52,500 N $ - 2,500 $ 2,500 $ 2,500 $
25 Arbitrage Fees Fees 12/1/2016 6/30/2040 Arbitrage
Compliance
Specialists,
Inc.
Professional fees for the
calculation of arbitrage in
relation to the Series
2016A bonds
$ 37,500 N $ - - $ - $
Porterville
July 1, 2023 throught June 30, 2024
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail ROPS 23-24A (Jul -
Dec) ROPS 23-24 B (Jan - Jun)
ROPS 23-24
Total Retired Obligation Type
Project Name
Item
#
23-24A
Total
23-24B
Total
Total
Outstanding
Obligation
Project
Area
Payee Description
Agreement
Termination
Date
Agreement
Execution
Date
Fund Sources Fund Sources
Item No. 17.
CITY COUNCIL AGENDA – DECEMBER 20, 2022
SUBJECT: Approval of Last and Final Recognized Obligation Payment Schedule for Fiscal Year 2024-2025 through Fiscal Year 2040-2041
SOURCE: Finance
COMMENT: The Successor Agency to the Porterville Redevelopment Agency (Successor Agency) was formed to administer the enforceable obligations and otherwise unwind the affairs of the former Porterville Redevelopment Agency, subject to the review and approval of the Countywide Oversight Board of Tulare County.
Pursuant to Health and Safety Code (HSC) section 34191.6 (a), agencies that have received a Finding of Completion may file a Last and Final Recognized Obligation Payment Schedule (ROPS) if certain conditions are met. The Successor Agency has received a Finding of Completion and all remaining obligations of the Successor Agency have been previously listed on the ROPS and approved for payment by the California Department of Finance (DOF).
The Successor Agency meets all of the conditions of HSC section 34191.6 and has prepared its Last and Final ROPS covering the period from July 1, 2024 through June 30, 2041, establishing the maximum amount of Redevelopment Property Tax Trust Funds (RPTTF) to be distributed to the Successor Agency for each remaining fiscal year until all obligations have been fully paid. Under HSC section 34177 (o), the Successor Agency must submit the ROPS to the Oversight Board for approval. The Last and Final ROPS will be presented to the Countrywide Oversight Board for consideration and approval on January 13, 2023.
RECOMMENDATION: That the Board of the Successor Agency:
1. Adopt the draft Resolution approving the Last and Final Recognized Obligation Payment Schedule (ROPS), provided that should any modification be required, the Finance Director shall be authorized to make such modification;
2. Direct staff to submit the Last and Final ROPS to the Countywide Oversight Board for review and approval; and
3. Direct staff to transmit the Oversight Board approved Last and Final ROPS and Oversight Board Resolution to the California Department of Finance for review and approval.
ATTACHMENTS: 1. Draft Resolution
Item No. 17.
2. Draft Last and Final Recognized Obligation Payment
Schedule
Appropriated/Funded:
Review By:
Department Director:
Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
SUCCESSOR AGENCY RESOLUTION NO. 2022 -
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE PORTERVILLE
REDEVELOPMENT AGENCY APPROVING THE LAST AND FINAL
RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT
TO HEALTH AND SAFETY CODE SECTION 34191.6
WHEREAS, the Successor Agency to the Porterville Redevelopment Agency (Successor Agency) has been established to take certain actions to wind down the affairs of the Porterville Redevelopment agency in accordance with Section 34173 of the Health and Safety Code (HSC); and
WHEREAS, pursuant to HSC Sections 34179 and 34180 of the Dissolution Act, certain actions of the Successor Agency are subject to the review and approval by an oversight board; and WHEREAS, on or after July 1, 2018, the County of Tulare, through the Tulare County Auditor Controller, established the Countywide Oversight Board (OB) of Tulare County in compliance with HSC Section 34179(j), which serves as the oversight board to all of the successor agencies existing and operating in Tulare County, including the Successor Agency; and WHEREAS, pursuant to HSC Section 34171(h) of the Dissolution Act, a “Recognized Obligation Payment Schedule” (ROPS), means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations; and WHEREAS, pursuant to HSC Section 34191.6, a successor agency may submit a Last and Final ROPS (L&F ROPS) for approval by the OB, subject to final review by the California Department of Finance (DOF), if certain conditions have been met; and WHEREAS, the Successor Agency meets all of the conditions of HSC Section 34191.6 and has prepared its Last and Final ROPS covering the period from July 1, 2024 through June 30, 2041, which is incorporated herein by this reference; and WHEREAS, pursuant to HSC Section 34177(o) of the Dissolution Act, the Successor Agency must submit to the Oversight Board for approval its Recognized Obligation Payment Schedule; and
WHEREAS, the Oversight Board will consider the approval of the L&F ROPS at its meeting on January 13, 2023; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of the Successor Agency to the Porterville Redevelopment Agency:
1. Approve the Last and Final ROPS and authorize the Finance Director to make such modification as may be deemed appropriate; and
2. Authorize the Finance Director to transmit the Last and Final ROPS to the Oversight Board and upon approval thereof by the Oversight Board, to transmit the approved L&F ROPS and the Oversight Board Resolution to the California Department of Finance, the County Auditor-Controller and the State Controller’s Office.
PASSED, APPROVED AND ADOPTED this 20th day of December, 2022.
By:
Martha A. Flores, Chair
ATTEST:
John D. Lollis, Agency Secretary
__ ____________
Patrice Hildreth, Chief Deputy Agency Secretary
Last and Final Recognized Obligation Payment Schedule (ROPS) - Summary Filed for the July 1, 2023 through June 30, 2040 Period Successor Agency: Porterville
County: Tulare
Initial ROPS
Period:
23-24A
Final ROPS Period: 39-40B
Requested Funding for Enforceable Obligations Total Outstanding Obligation A Enforceable Obligations Funded as Follows (B+C) $-
B Bond Proceeds -
C Other Funds -
D Redevelopment Property Tax Trust Fund (RPTTF) (E+F) $7,997,580 E RPTTF 7,933,580
F Administrative RPTTF 64,000
G Total Outstanding Obligations (A+D) $7,997,580
Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
A Period
July - December
ROPS Period
Fund Sources
Six-Month
Bond Total
Proceeds
Other
Funds RPTTF Admin RPTTF
$- $- $3,893,508 $32,000 $3,925,508
ROPS 23-24A - - - - $-
ROPS 24-25A - - 243,415 2,000 $245,415
ROPS 25-26A - - 244,090 2,000 $246,090
ROPS 26-27A - - 242,090 2,000 $244,090
ROPS 27-28A - - 244,613 2,000 $246,613
ROPS 28-29A - - 244,241 2,000 $246,241
ROPS 29-30A - - 243,178 2,000 $245,178
ROPS 30-31A - - 241,847 2,000 $243,847
ROPS 31-32A - - 242,685 2,000 $244,685
ROPS 32-33A - - 243,210 2,000 $245,210
ROPS 33-34A - - 243,422 2,000 $245,422
ROPS 34-35A - - 243,322 2,000 $245,322
ROPS 35-36A - - 242,897 2,000 $244,897
ROPS 36-37A - - 244,575 2,000 $246,575
ROPS 37-38A - - 243,338 2,000 $245,338
ROPS 38-39A - - 244,285 2,000 $246,285
ROPS 39-40A - - 242,300 2,000 $244,300
B Period
January - June
Twelve-Month
Total
ROPS Period
Fund Sources
Six-Month
Bond Total
Proceeds
Other
Funds RPTTF Admin RPTTF
$- $- $4,040,072 $32,000 $4,072,072 $7,997,580
ROPS 23-24B - - - - $- $-
ROPS 24-25B - - 249,016 2,000 $251,016 $496,431
ROPS 25-26B - - 249,790 2,000 $251,790 $497,880
ROPS 26-27B - - 251,890 2,000 $253,890 $497,980
ROPS 27-28B - - 250,513 2,000 $252,513 $499,126
ROPS 28-29B - - 250,841 2,000 $252,841 $499,082
ROPS 29-30B - - 249,878 2,000 $251,878 $497,056
ROPS 30-31B - - 248,647 2,000 $250,647 $494,494
ROPS 31-32B - - 255,584 2,000 $257,584 $502,269
ROPS 32-33B - - 250,209 2,000 $252,209 $497,419
ROPS 33-34B - - 251,242 2,000 $253,242 $498,664
ROPS 34-35B - - 251,241 2,000 $253,241 $498,563
ROPS 35-36B - - 250,917 2,000 $252,917 $497,814
ROPS 36-37B - - 261,695 2,000 $263,695 $510,270
ROPS 37-38B - - 251,557 2,000 $253,557 $498,895
ROPS 38-39B - - 253,468 2,000 $255,468 $501,753
ROPS 39-40B - - 263,584 2,000 $265,584 $509,884
Porterville
Last and Final Recognized Obligation Payment Schedule (ROPS) - Summary by ROPS Period July 1, 2023 through June 30, 2040
A
Item
#
15 21
22 23
24 25
27 T U
24-25A (Jul-Dec)
RPTTF Admin
RPTTF
$243,415 $2,000
- -
159,259 -
84,156 -
- -
- -
- -
- -
X Y
24-25B (Jan-Jun)
RPTTF Admin
RPTTF
$249,016 $2,000
- -
159,260 -
84,156 -
3,000 -
2,600 -
- -
- -
AB AC
25-26A (Jul-Dec)
RPTTF Admin
RPTTF
$244,090 $2,000
- -
159,134 -
84,956 -
- -
- -
- -
- -
AF AG
25-26B (Jan-Jun)
RPTTF Admin
RPTTF
$249,790 $2,000
- -
159,134 -
84,956 -
3,000 -
2,700 -
- -
- -
AJ AK
26-27A (Jul-Dec)
RPTTF Admin
RPTTF
$242,090 $2,000
- -
158,934 -
83,156 -
- -
- -
- -
- -
AN AO
26-27B (Jan-Jun)
RPTTF Admin
RPTTF
$251,890 $2,000
- -
158,934 -
83,156 -
3,000 -
2,800 -
4,000 -
- -
AR AS
27-28A (Jul-Dec)
RPTTF Admin
RPTTF
$244,613 $2,000
- -
160,813 -
83,800 -
- -
- -
- -
- -
AV AW
27-28B (Jan-Jun)
RPTTF Admin
RPTTF
$250,513 $2,000
- -
160,813 -
83,800 -
3,000 -
2,900 -
- -
- -
AZ BA
28-29A (Jul-Dec)
RPTTF
Admin
RPTTF
$244,241 $2,000
- -
159,900 -
84,341 -
- -
- -
- -
- -
Porterville
Last and Final Recognized Obligation Payment Schedule (ROPS) - ROPS Detail July 1, 2023 through June 30, 2040
(Report Amounts in Whole Dollars)
A B C D E F G H I
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstaning
Obligation
$7,997,580
15 Successor Agency Administration Admin Costs 01/01/2015 06/30/2040 City of Porterville Agency Administration cost. Project Area No. 1 as Amended
64,000
21 Tax Allocation Refunding Bonds,
Series 2016A
Refunding Bonds
Issued After 6/27/12
12/01/2016 06/01/2040 U.S. Bank National
Association
Issuance of tax allocation refunding bonds to refund the 2008 bonds 5,105,681 22 Taxable Tax Allocation Refunding
Bonds, Series 2016B
Refunding Bonds
Issued After 6/27/12
12/01/2016 06/01/2040 U.S. Bank National
Association
Issuance of taxable tax allocation refunding bonds to refund the 2008 bonds 2,681,331 23 Trustee Fees Fees 12/01/2016 06/30/2040 U.S. Bank National Association
Trustee fees in relation to the Series 2016A and 2016B bonds 61,968 24 Continuing Disclosure Services and
Dissemination Agent Fees
Fees 12/01/2016 06/30/2040 Willdan Financial
Services
Professional fees in connection with continuing disclosure services and dissemination of information required by the Indenture of Trust 53,600
25 Arbitrage Fees Fees 12/01/2016 06/30/2040 Arbitrage Compliance Specialists, Inc.
Professional fees for the calculation of arbitrage in relation to the Series 2016A bonds
31,000
27 ROPS 20-21 shortfall RPTTF Shortfall 07/01/2019 06/30/2021 City of Porterville Successor Agency
Prior years' excess RPTTF were obligated on both ROPS 19-20 and ROPS 20-21.
-
A
Item
#
15 21
22 23
24 25
27 BD BE
28-29B (Jan-Jun)
RPTTF Admin
RPTTF
$250,841 $2,000
- -
159,900 -
84,341 -
3,600 -
3,000 -
- -
- -
BH BI
29-30A (Jul-Dec)
RPTTF Admin
RPTTF
$243,178 $2,000
- -
158,400 -
84,778 -
- -
- -
- -
- -
BL BM
29-30B (Jan-Jun)
RPTTF Admin
RPTTF
$249,878 $2,000
- -
158,400 -
84,778 -
3,600 -
3,100 -
- -
- -
BP BQ
30-31A (Jul-Dec)
RPTTF Admin
RPTTF
$241,847 $2,000
- -
159,300 -
82,547 -
- -
- -
- -
- -
BT BU
30-31B (Jan-Jun)
RPTTF Admin
RPTTF
$248,647 $2,000
- -
159,300 -
82,547 -
3,600 -
3,200 -
- -
- -
BX BY
31-32A (Jul-Dec)
RPTTF Admin
RPTTF
$242,685 $2,000
- -
160,000 -
82,685 -
- -
- -
- -
- -
CB CC
31-32B (Jan-Jun)
RPTTF Admin
RPTTF
$255,584 $2,000
- -
160,000 -
82,684 -
3,600 -
3,300 -
6,000 -
- -
CF CG
32-33A (Jul-Dec)
RPTTF Admin
RPTTF
$243,210 $2,000
- -
160,500 -
82,710 -
- -
- -
- -
- -
CJ CK
32-33B (Jan-Jun)
RPTTF
Admin
RPTTF
$250,209 $2,000
- -
160,500 -
82,709 -
3,600 -
3,400 -
- -
- -
A
Item
#
15 21
22 23
24 25
27 CN CO
33-34A (Jul-Dec)
RPTTF
Admin
RPTTF
$243,422 $2,000
- -
160,800 -
82,622 -
- -
- -
- -
- -
CR CS
33-34B (Jan-Jun)
RPTTF Admin
RPTTF
$251,242 $2,000
- -
160,800 -
82,622 -
4,320 -
3,500 -
- -
- -
CV CW
34-35A (Jul-Dec)
RPTTF Admin
RPTTF
$243,322 $2,000
- -
158,400 -
84,922 -
- -
- -
- -
- -
CZ DA
34-35B (Jan-Jun)
RPTTF Admin
RPTTF
$251,241 $2,000
- -
158,400 -
84,921 -
4,320 -
3,600 -
- -
- -
DD DE
35-36A (Jul-Dec)
RPTTF Admin
RPTTF
$242,897 $2,000
- -
158,400 -
84,497 -
- -
- -
- -
- -
DH DI
35-36B (Jan-Jun)
RPTTF Admin
RPTTF
$250,917 $2,000
- -
158,400 -
84,497 -
4,320 -
3,700 -
- -
- -
DL DM
36-37A (Jul-Dec)
RPTTF Admin
RPTTF
$244,575 $2,000
- -
160,700 -
83,875 -
- -
- -
- -
- -
DP DQ
36-37B (Jan-Jun)
RPTTF Admin
RPTTF
$261,695 $2,000
- -
160,700 -
83,875 -
4,320 -
3,800 -
9,000 -
- -
DT DU
37-38A (Jul-Dec)
RPTTF Admin
RPTTF
$243,338 $2,000
- -
160,200 -
83,138 -
- -
- -
- -
- -
A
Item
#
15 21
22 23
24 25
27 DX DY
37-38B (Jan-Jun)
RPTTF Admin
RPTTF
$251,557 $2,000
- -
160,200 -
83,137 -
4,320 -
3,900 -
- -
- -
EB EC
38-39A (Jul-Dec)
RPTTF Admin
RPTTF
$244,285 $2,000
- -
159,500 -
84,785 -
- -
- -
- -
- -
EF EG
38-39B (Jan-Jun)
RPTTF Admin
RPTTF
$253,468 $2,000
- -
159,500 -
84,784 -
5,184 -
4,000 -
- -
- -
EJ EK
39-40A (Jul-Dec)
RPTTF Admin
RPTTF
$242,300 $2,000
- -
158,600 -
83,700 -
- -
- -
- -
- -
EN EO
39-40B (Jan-Jun)
RPTTF Admin
RPTTF
$263,584 $2,000
- -
158,600 -
83,700 -
5,184 -
4,100 -
12,000 -
- -