CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
FEBRUARY 7, 2023, 5:30 PM
Call to Order at 5: 30 p.m.
Roll Call: Council Member Greg Meister, Council Member Raymond Beltran, Council Member Donald Weyhrauch, Vice Mayor Kellie Carrillo, Mayor Martha. A. Flores
ORAL COMMUNICATIONS
None.
CITY COUNCIL CLOSED SESSION:
Closed Session Pursuant to:
1 - Government Code Section 54957.6 - Conference with Labor Negotiator. Agency Negotiator: John Lollis and Yuliana Andrade. Employee Organizations: Porterville City Firefighters Association.
2 - Government Code Section 54956.95 - Liability Claim: Claimant: State Farm Insurance Company as Subrogee of Pamela Plumlee. Agency claimed against: City of Porterville. 3 - Government Code Section 54956.95 - Liability Claim: Claimant: Ivonne Villagomez.
Agency claimed against: City of Porterville.
4 - Government Code Section 54956.95 - Liability Claim: Claimant: Porfiria Martinez. Agency claimed against: City of Porterville.
5 - Government Code Section 54956.95 - Liability Claim: Claimant: Federated Mutual Insurance/M&S Pump Company/Ryan Pouncey. Agency claimed against: City of Porterville. 6 - Government Code Section 54956.95 - Liability Claim: Claimant: Juan and Beatriz Chavez.
Agency claimed against: City of Porterville.
7 - Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Litigation: Reyes Soto v. California Department of Transportation et al., Sacramento County Superior Court Case No. 34-2022-00316708.
8 - Government Code Section 54956.9(d)(3) - Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation: Six (6) cases in which facts are not yet known to potential plaintiff.
9 - Government Code Section 54956.9(d)(4) - Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation: One (1) case.
6:33 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-3,A-4, and A-5, as follows:
A-3. On a MOTION made by Vice Mayor Carrillo, and SECONDED by Council Member Beltran the City Council unanimously rejected the claim filed by Ivonne Villagomez.
Documentation: M.O. 01-020723
Disposition: Claim Rejected.
A-4. On a MOTION made by Council Member Weyhrauch, and SECONDED by Council Member Meister the City Council unanimously rejected the claim filed by Porfiria Martinez.
Documentation: M.O. 02-020723
Disposition: Claim Rejected.
A-5. On a MOTION made by Council Member Weyhrauch, and SECONDED by Council Member Meister the City Council unanimously rejected the claim filed by Federated Mutual Insurance/M&S Pump Company/Ryan Pouncey.
Documentation: M.O. 03-020723
Disposition: Claim rejected.
Pledge of Allegiance Led by Vice Mayor Carrillo
Invocation - Two members of the public came forward to give an invocation.
PRESENTATIONS
Miss Porterville Queen and Court
Employee of the Month - Carlos Meza
Porterville Police Department - Recognition for Excellence in Policy and Training Management
ORAL COMMUNICATIONS
• Brock Neeley, Porterville, handed out documentation to the Council with regard to the Public Hearing Item, and spoke of nearby airports getting their beacons put up. • Greg Shelton, Porterville, presented Council with a copy of the Municipal Code, with regard to non-profit fundraising.
• David Harris, Owner of Consolidated Testing Laboratories, stated that he would like for the city to reconsider their bid that they submitted late and to give them an opportunity to re-bid for their services.
• Elizabeth Booth, Porterville, spoke against the trash in the area of Main Street and would like to see it cleaned up.
• Scott Bowler, Porterville Chamber of Commerce, spoke of the Chambers new members, an upcoming First Friday Coffee event on March 1, Ribbon Cutting and Grand Opening for EECU on March 8, Business After Hours with the Burton School District on March 9, and a Ribbon Cutting for Christen's Tonsorial Parlor on March 11. • Michael Warden, Culture Cannabis, introduced himself as the General Manager of Culture Cannabis Club and stated he is available should the Council have questions.
AB 1234 REPORTS
At the request of Mayor Flores, all AB1234 Reports were moved to follow Scheduled Matters.
REPORTS
I. Staff Informational Reports
Code Enforcement Quarterly Report FY 2022-2023 (October - December 2022) Ohv Park Quarterly Report FY 2022-2023 (October - December 2022) Golf Course Quarterly Report FY 2022-2023 (October - December 2022) Charitable Car Washes Quarterly Report Calendar Year 2022 City Council Member Appointments Attendance Quarterly Report FY 2022-2023 (October - December 2022)
City Commission and Committee Attendance Quarterly Report FY 2022-2023 (October - December 2022)
Street Performance Measure Quarterly Report FY 2022-2023 (October - December 2022) Building Permit Activity Quarterly Report FY 2022-2023 (October - December 2022)
CONSENT CALENDAR
COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Mayor Flores that the City Council approve Items Nos. 1-12. The motion carried unanimously.
CITY COUNCIL MINUTES OF JANUARY 17, 2023
Recommendation: That the Council approve the draft Minutes of January 17, 2023 Documentation: M.O. 04-020723
Disposition: Approved.
2. AUTHORIZATION TO REPLACE CITY HALL EXTERIOR DOOR
Recommendation: That the City Council authorize the replacement of the southeast exterior door of City Hall for $7,465.94 from Lindsay House of Glass.
Documentation: M.O. 05-020723
Disposition: Approved.
AUTHORIZATION TO REPAIR SPECIALIZED EQUIPMENT - PRIMARY
CLARIFIER CENTER DRIVE
Recommendation: That the City Council
!. Award the repair of the primary center drive on Plant #2 for the City' Wastewater Treatment facility to GSE Construction for a do-not-exceed amount of $150,000, which includes repair parts, labor, freight, taxes and a ten percent (10%) contingency:
2. Direct the Finance Director to initiate a Purchase Order to GSI Construction for a do not exceed amount of $150,000, which includes
3. Dipair pars inance fire, a es and payment to E Contingtony pod receipt of an invoice approved by the Public Works Director.
Documentation: M.O. 06-020723
Disposition: Approved.
AUTHORIZATION TO PURCHASE AERONAUTICAL LIGHT BEACON FOR THE
AIRPORT
Recommendation: That the City Council authorize the purchase of a new LED rotating beacon for the Airport from Hali-Brite for $14,530.73, in addition to the related use tax, shipping and other charges.
Documentation: M.O. 07-020723
Disposition: Approved.
AUTHORIZATION TO PURCHASE REPLACEMENT PUMP AND MOTOR FOR CITY WELL NO. 1A
Recommendation: That the City Council:
1. Direct the Finance Director to initiate a Purchase Order to S.A. Camp for an amount not to exceed $18,852 for the repair parts needed for City Well
2. Direct the Finance Director to make payment to S.A. Camp upon receipt of the invoice approved by the Public Works Director.
Documentation: M.O. 08-020723
Disposition: Approved.
AUTHORIZATION TO DISTRIBUTE A REQUEST FOR QUALIFICATIONS FOR
SKATEPARK IMPROVEMENTS
Recommendation: That the City Council authorize staff to distribute a Request for Qualifications for the Skatepark Improvements project.
Documentation: M.O. 09-020723
Disposition: Approved.
AUTHORIZATION TO DISTRIBUTE A REQUEST FOR QUALIFICATIONS FOR
HAYES FIELD LIGHTING PROJECT
Recommendation: That the City Council authorize staff to distribute a Request for Qualifications for the Hayes Field lighting project.
Documentation: M.O. 10-020723
Disposition: Approved.
AUTHORIZATION TO AWARD - AKIN AND CENTRAL MUTUAL WATER
SYSTEM IMPROVEMENT PROJECT
Recommendation: That the City Council:
1. Award the Akin and Central Mutual Water System Improvement Project to RT Nelson Company, Inc. in the amount of $862,644;
2. Authorize progress payments up to one hundred percent (100%) of the
3. Authorize a ten percent (10%) contingency to cover unforeseen costs;
4. Authorize an additional $138,616 for construction management, onstruction surveying, quality control and inspection services; an . Authorize the City Engineer to negotiate construction surveying service with one of the firms as approved by Council MO #04-041922.
Documentation: M.O. 11-020723
Disposition: Approved.
ACCEPTANCE OF PROJECT - ISLAND ANNEXATION AREA 457 SEWER
PROJECT
Recommendation: That City Council:
1. Accept the project as complete; and
2. Authorize the filing of the Notice of Completion.
Documentation: M.O. 12-020723
Disposition: Approved.
10. FINANCIAL STATUS REPORTS
Recommendation: That the City Council accept the Financial Status Reports as presented.
Documentation: M.O. 13-020723
Disposition: Approved.
11. QUARTERLY INVESTMENT PORTFOLIO
Recommendation: That the City Council accept the quarterly Investment Portfolio Summary Report.
Documentation: M.O. 14-020723
Disposition: Approved.
12. 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 Allowing these ooh tepacoiten in prison of A 36tings remotely Documentation: Resolution No. 02-2023
Disposition: Approved.
PUBLIC HEARINGS
13. VILLAS AT SIERRA MEADOWS 4 & 5 DEVELOPMENT PROJECT
Recommendation: That the City Council open the continued Public Hearing to receive comments on the Villas at Sierra Meadows 4 & 5 Development Project, then
1. Adopt the draft Resolution adopting the Initial Study/Mitigated Negative
4. Adopt the draft Resolution approving the Tentative Subdivision Map with conditions; and
5. Adopt the draft Resolution requesting that Tulare County LAFCo initiate proceedings for annexation.
City Manager Lollis introduced the item and City Contract City Planner Jeff Oneal presented the staff report. Mr. Oneal stated that during the last Public Hearing of January 17, 2023, members of the public stated they have seen San Joaquin Kit Foxes (SJKF) in the area of the development but is it unlikely that there are SJKF on the project site or that the site serves as SJKF habitat, and the analysis and conclusions of the Initial Study and Mitigated Negative Declaration most likely remains appropriate regarding biological resources.
The Public Hearing was reopened at 7:24 p.m.
• Brock Neeley, Porterville, stated that when reviewing the EIR, the word foxes is only mentioned one time, and that if an endangered species survey is not conducted, the city could open themselves up to litigation.
• Lillian Garcia, Porterville, stated that it would cost her a large amount of money to
relocate her pigs as she will need to recement portions of her property to do so. • Greg Shelton, Porterville, spoke in favor of the project and asked why there are now concerns of kit foxes in the area, but were not a concern of different developments in the surrounding areas before.
• Kent Turner, Visalia, pointed out the biologists said the orchard where the development is being proposed, is not a habitat for kit foxes and gave his support of the Development.
The Public Hearing was closed at 7:30 p.m.
Council Member Weyhrauch thanked the public for their comments and stated that he is confident that if an endangered species was found, it would be addressed. Council Member Weyhrauch inquired whether the city was aware of known locations of kit foxes, which staff mentioned a known location that was a mile south of the location. In response to questions posed by Council Member Weyhrauch, staff indicated that the development was located in close proximity to Fire Station 73 making response times good; that water consumption projections remained accurate; and that the applicant did not request any deviation to the required setback, only the width.
Council Member Meister inquired about how long ago a kit fox was last seen a mile south, which staff answered the report was from 2007, which was a figure from the city's General Plan that was adopted some time ago.
COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Greg Meister that the City Council adopt the draft resolutions pertaining to the Villas at Sierra Meadows 4 & 5 Development Project. The motion carried unanimously.
Documentation: Resolution No. 03-2023, Resolution No. 04-2023, Resolution No. 05-2023, Resolution No. 06-2023, and Resolution No. 07-2023
Disposition: Approved.
SECOND READINGS
14. SECOND READING - ORDINANCE NO. 1900 - ZONE CHANGE (PRC 2022-012- Z), FROM RM-3 (HIGH-DENSITY RESIDENTIAL) TO CG (GENERAL AND
SERVICE COMMERCIAL) FOR THE DEVELOPMENT OF A FUTURE BAKERY Recommendation: That the City Council give Second Reading to Ordinance No. 1900, waive further reading, and adopt said Ordinance.
City Manager Lollis introduced the item and presented the staff report.
COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Donald Weyhrauch that the City Council give Second Reading to Ordinance No. 1900, being an ORDINANCE OF THE CITY COUNCIL OF THE CIT OF PORTERVILLE CONTAINING FINDINGS AND CONDITIONS Ir
SUPPORT OF ZONE CHANGE (PRC-2022-012-ZC), FROM RM-3 (HIGH
DENSITY RESIDENTIAL) TO CG (GENERAL AND SERVICE
COMMERCer reading and adope said Ordinance The marion cartie. unanimously.
Documentation: Ordinance No. 1900
Disposition: Approved.
SCHEDULED MATTERS
15. CDBG CITIZENS' ADVISORY AND HOUSING OPPORTUNITY COMMITTEE
AND CITIZEN PARTICIPATION PLAN
Recommendation: That the City Council:
1. Adopt the 2023 Citizen Participation Plan;
2. Appoint existing Committee members Pat Contreras, Rebecca Contreras, Linda Mendez, Eriselda Lizarraga and Isabel Olmos to the Citizens' Advisory and Housing Opportunity Committee for a one-
3. Appoint Yalimar Garcia and Jacqueline Verduzco Alanis as new City Manager Lollis introduced the item and Assistant City Manager Jason Ridenour presented the staff report.
COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Vice Mayor Kellie Carrillo that the City Council adopt the 2023 Citizen Participation Plan, and appoint existing and new Committee members. The motion carried Documentation: M.O. 15-020723
Disposition: Approved.
16. CONSIDER A LETTER OF COMMITMENT AS A KEY COMMUNITY PARTNER
TO THE TULARE COUNTY REGIONAL TRANSIT AGENCY AS THE LEAD
APPLICANT TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION "THRIVING COMMUNITIES PROGRAM"
Recommendation: That the City Council consider approval of the Letter of Commitment as a Key Community Partner to the Tulare County Regional Transit Agency as the Lead Applicant to the United States Department of Transportation "Thriving Communities Program."
City Manager Lollis introduced the item and presented the staff report.
COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Vice
Mayor Kellie Carrillo that the City Council approve a Letter of Commitment as an identified Key Community Partner to the Tulare County Regional Transit Agency as the Lead Applicant to the United States Department of Transportation "Thriving Communities Program". The motion carried unanimously.
Documentation: M.O. 16-020723
Disposition: Approved.
CONSIDER THE FORMATION OF A CITY COUNCIL AD HOC COMMITTEE TO
ANNUALLY REVIEW THE IMPLEMENTATION OF THE CITY'S GENERAL PLAN.
Recommendation: That the City Council consider the formation of a Council Ad Hoc Committee to annually review the implementation of the City's General Plan.
City Manager Lollis introduced the item and presented the staff report.
COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Greg Meister that the City Council approve the formation of a Council Ad Hoc Committee to annually review the implementation of the City's General Plan, and appoint Council Member Weyhrauch and Vice Mayor Carrillo as members of the Committee. The motion carried unanimously.
Documentation: M.O. 17-020723
Disposition: Approved.
18. STATUS AND REVIEW OF LOCAL EMERGENCY DROUGHT
Recommendation: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.
City Manager Lollis introduced the item and presented the staff report.
COUNCIL ACTION: MOVED by Council Member Donald Weyhrauch, SECONDED by Mayor Martha A. Flores that the City Council receive the report of status and review of the Declaration of Local Emergency and determined the need exists to continue said Declaration.
AYES: Beltran, Weyhrauch, Carrillo, Flores
NOES: Meister
ABSTAIN: None
ABSENT: None
Documentation: M.O. 18-020723
Mayor Flores reported on those in attendance, adoption of resolutions, and the approval of Transportation Development Act Audit Extension for Member Agencies. Flores also reported on several informational items that included the implementation status of federally-funded projects, Senate Bill 1, the status of State Transportation Improvement Program allocations, and of California Transportation Commission, and Brown Act amendments.
Mayor Flores reported on the Association Calendar that included the approval of minutes, the adoption of resolutions, and of various informational items.
12. Tulare County Regional Transit Agency (TCRTA) - January 30, 2023 Council Member Weyhrauch reported on introductions of new TCRTA staff, the approval of minutes, reaffirmation of conditions of AB 361 to continue remote attendance, the approval of the revised 2023 TCRTA board meeting schedule, and several action items. He stated that the next meeting was scheduled for February 22, 2023.
13. The U.S. Forest Service Headquarters Ribbon-Cutting - February 1, 2023 Council Member Beltran spoke of his attendance and stated that he appreciated being at the event.
Council Member Weyhruach stated that he attended the introduction but had a scheduling conflict and had to step away soon after, but that he enjoyed the event and opening prayer.
Vice Mayor Carrillo reported on her attendance to the event, spoke of the dignitaries present, and described the different areas of the facility. Carrillo stated it was great to hear the Tule River Tribal Elder who gave the welcome blessing.
Council Member Meister stated he wasn't able to attend the event due to a scheduling conflict, but that he did serve seven years with the Forest Service and that he has a lot of love and respect for it.
Mayor Flores spoke of those in attendance, touched on the history of the building, and stated that it was an honor to speak at the event and take a tour of the facility.
14. Local Initiatives Navigation Center (LINC) Committee Meeting - February 1, 2023 Council Member Beltran reported on those in attendance, a review of the Point-In-Time (PIT) event, a presentation of the budget report, and donations related to the PIT.
15. Tulare County Association of Governments Board Training - February 2, 2023 Council Member Meister stated the training consisted of administration, Measure R Funding, Planning and Community Outreach, and appointments to other agencies and committees.
Vice Mayor Carrillo stated the training was the first session of two, with the next meeting being held in March. Carrillo stated she appreciated the training and that everything has been Mayor Flores stated that she attended the training as a refresher course and spoke of the history
in her involvement with the training and retreats.
16. Eastern Tule Groundwater Sustainability Agency (ETSA) Board Meeting - February 2, 2023
Council Member Weyhrauch reported on those in attendance, the approval of the consent calendar, the review and approval of several action items related to irrigation and training and Research Center -METRIC, the draft ETSA Scope of Work & Budget for MLRP Grant, and a discussion of the LandFlex Grant.
Public Works Director Michael Knight provided additional information regarding coordination with Thomas Harding Company.
17. Police Department Badge Pinning Ceremony - February 6, 2023 Mayor Flores congratulated the officers who were sworn in, and was an honor to be in attendance.
Council Member Weyhrauch stated it was an honor to attend the ceremony and thanked the Chief and his leadership team for finding qualified candidates for the city.
ORAL COMMUNICATIONS
• Rae Dean Strawn, Porterville, stated council members should receive more money.
OTHER MATTERS
• Council Member Meister, explained his vote decision on Item No. 18., and spoke of the representative from Consolidated Testing Laboratories who spoke to Council during Oral Communications. He voiced support for the City helping the business. • Council Member Weyhrauch, lauded public Ssfety and law enforcement working in partnership with Tulare County Sheriff's Office and recognized city staff for their continued good work within the city.
Council reconvened into Closed Session at 9:43 p.m.
CLOSED SESSION
No reportable action had taken place during Closed Session.
ADJOURNMENT
The Council adjourned at 11:44 p.m. to the meeting of February 21, 2023 at 5:30 p.m.
Fernando Gabriel-Moraga, Deputy City Clerk
Maine A Sever
Martha A. Flores, Mayor