Agenda packet — Porterville City Council, May 2, 2023 (part 1 of 2)

City Council Agenda May 2, 2023

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CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MAY 2, 2023, 5:30 PM
The City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville – City Council Meeting of May 2, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/87398837288?pwd=aUlFMW5LdTB1TE5Wbkp0SVp0dFp0UT09 Or via Telephone: 1-669-900-6833 Webinar ID: 873 9883 7288 Passcode: 598766 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis, Patrice Hildreth, and Yuliana Andrade. Employee Organizations: Porterville City Firefighters Association, Management and Confidential Series, Porterville City Employees Association, and all unrepresented management employees.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Josephina Garcia. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Efrain Garcia. Agency claimed against: City of Porterville.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Michael McElhaney. Agency claimed against: City of Porterville. 5 - Government Code Section 54956.95 – Liability Claim: Claimant: Jaime Martinez. Agency claimed against: City of Porterville.

City Council Agenda May 2, 2023

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6 - Government Code Section 54956.95 – Liability Claim: Claimant: Daniella Swanson. Agency claimed against: City of Porterville.
7 - Government Code Section 54956.95 – Liability Claim: Claimant: Brandon Wilson. Agency claimed against: City of Porterville.

8 - 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 District, Case No. 1:22-CV-1245-AWIEPG.

9 - 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.
10 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One case. 11 - Government Code Section 54957 – Threat to Public Services or Facilities:

Consultation with Jake Castellow, Porterville EOC Incident Commander. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Councilmember Weyhrauch
Invocation

PRESENTATIONS

Public Works Flood Fighters
Presentation of Audit for Fiscal Year 2021-2022 - Jeffrey Peek, CPA, CliftonLarsonAllen, LLP

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

REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.

I. Staff Informational Reports

1. Charitable Car Washes Quarterly Report Calendar Year 2023

2. Code Enforcement Quarterly Report FY 2022-2023 (January - March 2023)

3. Street Performance Measure Quarterly Report FY 2022-2023 (January - March 2023)

4. Building Permit Activity Quarterly Report FY 2022-2023 (January - March 2023)

5. OHV Park Quarterly Report FY 2022-2023 (January - March 2023) City Council Agenda May 2, 2023

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6. Golf Course Quarterly Report FY 2022-2023 (January - March 2023)

7. City Commission and Committee Attendance Quarterly Report FY 2022-2023 (January - March 2023)

8. City Council Member Appointments Attendance Quarterly Report FY 2022-23 (January - March 2023)

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

1. City Council Minutes of November 15, 2022, and April 18, 2023.

Re: Considering approval of the City Council Meeting draft Minutes of November 15, 2022, and April 18, 2023.

2. Purchase of a Police All Terrain Vehicle
Re: Consideration to purchase a Polaris Ranger Crew XP1000 in the amount of $44,971.49 plus the applicable sales tax, from Polaris Government and Defense Sales.

3. Purchase of a Public Safety Facility Wellness Dog
Re: Consideration to approve the purchase of a new Public Safety Facility Wellness Dog and related training from Top Dog Training Center for the amount of $15,750.00.

4. Authorization to Purchase Specialized Equipment - Electric Blower Bypass Valve Re: Consideration to authorize the purchase of an Electric Blower Bypass Valve from Kaeser Compressors for Wastewater Blower No.1 at a not-to-exceed amount of $26,074.

5. Authorization to Negotiate Consultant Agreement - Parks Master Plan Re: Consideration to authorize staff to negotiate a scope of services and contract with QK, Inc. for a Parks Master Plan.

6. Acceptance of Final Subdivision Map - The Villas at Sierra Meadows, Phase 3 (Smee Homes, Inc.)
Re: Considering approval of Final Subdivision Map for Phase 3 of The Villas at Sierra Meadows located generally south of State Route 190, north of the Poplar Ditch, east of S.

Indiana Street, and west of Jaye Street.

7. Consideration of Refuse Enclosure & Parking Stall Construction/Installation and Use Agreement Between City of Porterville and Sequoia Imaging Group LLC dba California Medical Imaging Center
Re: Approval of an agreement between the City of Porterville and Sequoia Imaging Group LLC dba California Medical Imaging located at 99 W. Putnam Avenue.

8. Approval of Airport Lease Agreement - Lot No. 8
Re: Consideration to approve the Lease Agreement for Lot No. 8 at the Porterville Municipal Airport between the City of Porterville and REACH Air Medical Services, LLC.

9. Intent to Set a Public Hearing to Transition to Phase III of the City's Water Conservation Plan
City Council Agenda May 2, 2023

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Re: Consider approval to schedule a Public Hearing on May 16, 2023, to consider the transition from Phase IV to Phase III of the City's Water Conservation Plan.

10. Financial Status Reports
Re: Consideration of accepting the Financial Status Report as presented.

11. Quarterly Investment Portfolio
Re: Consideration of the Council to accept the quarterly Investment Portfolio Summary Report.

12. Community Civic Event - Tulare County Junior Livestock Show and Community Fair - Porterville Fair - May 17-21, 2023
Re: Consideration to approve the Community Civic Event Application from the Tulare County Junior Livestock Show and Community Fair, to hold the Porterville Fair from Wednesday, May 17 to Sunday, May 21, 2023,

13. Community Civic Event - Porterville Area Coordinating Council - Sports Cuts Barber Battle - May 7, 2023
Re: Consideration to approve the Community Civic Event application from the Porterville Area Coordinating Council to hold the Sports Cuts Barber Battle on Sunday, May 7, 2023, from 10:00 a.m. to 7:00 p.m. located at the City parking lot adjacent to 41 N. Main Street.

14. Amendment to Employee Pay & Benefit Plan - Porterville City Firefighters Association Re: Considering approval of a Resolution amending the Employee Pay and Benefit Plan pertaining to the Porterville City Firefighters Association employees.

15. Resolution Approving One-Time Flood Fight Hazard Pay for Applicable Exempt Employees
Re: Considering a draft Resolution approving a one-time flood fight hazard pay for applicable exempt employees during March 1 through April 15, 2023.

16. Status and Review of Local Drought Emergency
Re: Considering approval of the continuance of the Declaration of Local Emergency.

PUBLIC HEARINGS

17. Assembly Bill 481 - Use of Military Equipment Annual Review Re: Consideration to review and renew Porterville Police Department Policy 704 - Military Equipment; review the AB 481 Military Equipment 2022 Annual Report; and by opting not to modify or rescind, renew Ordinance No. 1892.

SCHEDULED MATTERS

18. Consider Resolutions of Opposition to Assembly Bill 1090 (Jones-Sawyer) and State Senate Bill 94 (Cortese)
Re: Consideration of Resolutions of Opposition to Assembly Bill 1090 (Jones-Sawyer) and Senate Bill 94 (Cortese).

19. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts or likely impacts relative to increased flow of the Tule River; Provide direction on the function and hours of the Armory TEP after noon on May 5, 2023; and ratify the emergency expenditures of $77,396.67 for a trailer-mounted 6" City Council Agenda May 2, 2023

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dewatering and sewage pump, and $5,436.00 for local trucking services of riprap material for the Public Works Department.

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

1. Mighty 190 Committee - April 19, 2023

2. Tulare County Taskforce on Homelessness - April 19, 2023

3. San Joaquin Valley Special City Selection Committee - April 20, 2023

4. Porterville Area Development Authority (PADA) Board - April 21, 2023

5. Tulare County Regional Transit Agency (TCRTA) Board - April 21, 2023

6. Tulare County Economic Development Corporation (TCEDC) Board - April 26, 2023

7. Internal City Audit Committee - April 26, 2023 (CANCELLED)

ORAL COMMUNICATIONS

OTHER MATTERS

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

ADJOURNMENT - to the meeting of May 16, 2023, at 5:30 p.m.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

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

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: 1. Charitable Car Washes Quarterly Report Calendar Year 2023 SOURCE: Finance
COMMENT: In accordance with City Council direction, staff is providing a report on charitable car wash permits issued during the year. Article VI, Section 15-30 of the City Code allows up to four car washes by a charitable organization in a calendar year.

For the period of January 1 to March 31, 2023, there have been no charitable car wash applications received or permits issued.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Municipal Code Chapter 15 Article VI. Charitable Car Wash Permit Procedure
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
ARTICLE VI. CHARITABLE CAR WASH PERMIT PROCEDURE
SECTION:
15-70: Definitions
15-71: Permit Required For Charitable Car Wash
15-72: Application For Permit
15-73: Issuance And Form Of Permit
15-74: Term Of Permit
15-75: Nontransferability Of Permit
15-76: Manner Of Car Wash
15-77: Fundraising As A Business
15-78: Revocation Of Permit
15-79: Violations
15-80: Car Washing As A Business
15-70: DEFINITIONS:

For purposes of this article, the following definitions shall apply:

APPLICANT: A member of a charitable organization who applies for a car wash permit on behalf of the charitable organization.

CHARITABLE: Benevolent, civil, religious, educational, fraternal, patriotic, political, philanthropic or other similar purposes.

CHARITABLE CAR WASH: A temporary vehicle washing operation conducted by members of a charitable organization for organization fundraising purposes. It shall not be deemed to include the operation of an authorized permanent vehicle washing business or service station authorized to wash vehicles on its premises, although a car wash, as defined above, may be conducted on such premises.

CHARITABLE ORGANIZATION: Means and includes an organization which is a duly organized governmental or not for profit charitable, religious, civic, patriotic or community service organization; and the organization must have a tax exempt identification number assigned to it.

PERMIT HOLDER: The charitable organization who has been granted a permit pursuant to this article for the purpose of conducting a charitable car wash.

PERSON: Any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

RELIGIOUS OR RELIGION: Has the meaning established by the supreme court of the state or the supreme court of the United States.

RESIDENTIAL PROPERTY: A building designed for or occupied by one or more families as a residence including single-family residences, duplexes and apartments. (Ord. 1669 § 1, 6-21-2005) 15-71: PERMIT REQUIRED FOR CHARITABLE CAR WASH:

A. It is unlawful for any person to engage, directly or indirectly, in a charitable car wash without first obtaining a valid charitable car wash permit pursuant to the provisions of this article.

B. The permit application shall include a written application to sponsor the charitable car wash by the owner or lessee of the property upon which the car wash is to be held.

C. The car wash permit issued under this article to a charitable organization must be prominently displayed at the location where the car wash is conducted and shall be removed at the completion of the car wash. (Ord. 1669 § 1, 6-21-2005)
15-72: APPLICATION FOR PERMIT:

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

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

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

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

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

3. The full name and address of the person or persons who will be in charge of conducting the car wash.

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

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

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

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

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

8. Such supplemental information requested by the finance department as the finance department may require. The finance department may require that such information be updated during the time the permit is in force if changes occur subsequent to filing of the application in the planned dates and locations for the charitable car wash.

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

E. The application documents shall be available for public inspection. (Ord. 1669 § 1, 6-21-2005) 15-73: ISSUANCE AND FORM OF PERMIT:

A. The finance department shall issue the permit, unless it finds that:

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

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

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

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

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

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

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

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

1. The name and address of the permit holder;

2. The date for which the permit is valid;

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

4. A permit number; and

5. The signature of the finance director or his/her designee. (Ord. 1669 § 1, 6-21-2005) 15-74: TERM OF PERMIT:

Permits issued under this article shall be valid only for the date specified in the application for the car wash and as stated on the permit. (Ord. 1669 § 1, 6-21-2005)
15-75: NONTRANSFERABILITY OF PERMIT:

No permit issued under this article shall be transferred or assigned, and any attempt at assignment or transfer shall be void. (Ord. 1669 § 1, 6-21-2005)
15-76: MANNER OF CAR WASH:

A. Car washes held pursuant to permits under this article:

1. Shall take place between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.

2. Shall be conducted for a one day period only.

3. Shall not be conducted by any person under the age of sixteen (16) years, unless supervised by an adult.

4. Shall not be conducted at any house, apartment or other dwelling nor an area zoned for residential use only.

5. Shall be conducted in an area zoned for commercial uses; and such location shall have a means of collecting the wash water and shall discharge the water to the city sewer collection system.

6. Shall use biodegradable soaps or detergents, and shall not violate any of the provisions of chapter 25 of this code, concerning wastewater discharge requirements.

7. Shall have a means in place to limit wastewater or runoff such as pistol grip nozzle or similar apparatus affixed to each garden hose or water source.

8. Shall not allow any person to solicit cars or other contributions from a position in or on any public right of way, including, but not limited to, sidewalks, traffic islands, driveways or the like as to endanger that individual or others.

9. Shall not be conducted at any commercial property which has held four (4) prior car washes in the calendar year (excluding licensed commercial car wash locations).

10. Shall take place at a distance of more than twenty five feet (25') from the street curb, or from the near edge of the travel lane or lanes of any uncurbed street or road.

11. Shall utilize temporary signs, if any signs are utilized, in compliance with the city's applicable regulations concerning temporary signs.

12. Shall not be conducted by a charitable organization which has held four (4) prior car washes in the calendar year. Four (4) applications per tax exempt identification number, and four (4) permits per tax exempt identification number, will be allowed in the calendar year.

B. It is unlawful for a "permit holder", as defined herein, to:

1. Refuse to provide their name and a copy of the permit issued under this article, if requested by city representatives.

2. Misrepresent their identity or the identity of the charitable organization conducting the charitable car wash for which he or she is an agent.

3. Misrepresent that the charitable car wash permit issued under this article is an endorsement by the city, or any department or employee thereof, of the charitable car wash. (Ord. 1669 § 1, 6-21-2005) 15-77: FUNDRAISING AS A BUSINESS:

An organization in the business of fundraising (seeking a profit and paying its solicitors), even if engaged by a nonprofit organization, must comply with this article. If such an organization is soliciting on behalf of a nonprofit organization, the nonprofit organization shall obtain a permit pursuant to this article. (Ord. 1669 § 1, 6-21-2005) 15-78: REVOCATION OF PERMIT:

Any violation of this article by applicant or permit holder shall be cause for revocation of a permit issued pursuant to this article. Upon determination by an authorized representative of the city that a car wash is being conducted without a valid permit or in violation of the requirements of this article, said unlawful activity shall cease immediately, and all persons associated with said car wash shall be dispersed within one hour after the giving of said notice. Failure or refusal by the charitable organization and/or the owner/sponsor to cause a car wash in violation of these regulations to cease operations, after receiving such notification from the city official, shall constitute a separate violation of this article. Furthermore, any organization that violates this article shall be ineligible for the issuance of a permit for a period of one year. (Ord. 1669 § 1, 6-21-2005) 15-79: VIOLATIONS:

Every person who, for himself or herself, or as the agent of another, commences, engages in or conducts a car wash as provided in this article without procuring the permit as required under this article or who fails to comply with the conditions of this article shall be guilty of an infraction punishable by:

A. A fine not exceeding one hundred dollars ($100.00) for a first violation; B. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year; and C. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. (Ord. 1669 § 1, 6-21-2005)
15-80: CAR WASHING AS A BUSINESS:

This article is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for profit basis must comply with all city, county and state licensing or permitting requirements and does not fall within this article. (Ord. 1669 § 1, 6-21-2005) CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: 2. Code Enforcement Quarterly Report FY 2022-2023 (January - March 2023) SOURCE: Fire
COMMENT: This informational report utilizes data from the “myPorterville” application for tracking code enforcement activity between January 1 and March 31, 2023.

During the 3rd quarter of fiscal year 2022/2023, each department of the City contributed towards recording 1,012 code enforcement issues. Of these, 763 were corrected and 249 were continued into the 4th quarter of 2022/2023 for additional corrective action. The Code Enforcement Division issued fifty-nine (59) Administrative Citations.

At its meeting on July 20, 2021, the City Council reviewed its Ordinance related to the parking and storing of recreational vehicles, boats, and trailers.

During the past quarter, Code Enforcement received sixty-four (64) complaints specific to recreational vehicles, boats, and trailers, of which forty-five (45) had been completed at the time of this report.

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Code Enforcement FY 22-23 Q3
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager
Code Enforcement Report, Quarter 2, FY 22-23
Q3 Code Enforcement Activity # Requests # Completed % Closed Administrative Citations Q1 Q2 Q3 Q4 Total Abandoned Vehicle (Street) 13 12 92.31% $100 11 13 31 $5,500 Animal Control Services 2 2 100.00% $200 3 4 5 $2,400
Animals- agricultural animals 1 1 100.00% $500 8 12 7 $13,500 Animals- barking dogs 18 17 94.44% $1,000 2 3 16 $21,000 Animals- keeping too many or unauthorized species 8 7 87.50% $2,500 23 0 0 $57,500 Animals- kept for commercial purposes 1 1 100.00% FY 22-23 Total Assesment 47 32 59 0 $99,900 Animals- roosters 1 0 0.00%
Building Department/ Permits 23 5 21.74% Shopping Carts Q1 Q2 Q3 Q4 Total CEO, Business License 12 11 91.67% Collected 39 49 130 218 CEO, Shopping Carts 69 69 100.00% Disposed (Lbs.) 0 0 0 0 CEO, Sign Removal 271 271 100.00%
Code Enforcement, General 49 35 71.43% Private Property Vehicle Abatements Q1 Q2 Q3 Q4 Total Community Development, General or MULTIPLE violations 5 0 0.00% Voluntary Abatement 3 11 39 53 Engineering 7 2 28.57% Certified Voluntary Abatement 0 1 1 2 Fences and freestanding walls 5 2 40.00% Towed 5 1 11 17 Fire Hazard 4 3 75.00% Total Vehicles Abated 8 13 51 72 Fire Hydrant Service 2 1 50.00%
Fire Information, Reporting of 1 1 100.00%
Garbage Collection/ Illegal Dumping 13 6 46.15% Weed Abatement Q1 Q2 Q3 Q4 Total Graffiti 14 14 100.00% Properties Noticed 12 3 1633 1648 Health Hazard 6 2 33.33% Completed by Owner 116 2 7 125 Housing Issue (Structure Related) 4 1 25.00% Assigned to Contractor (private) 0 0 0 0 Itinerant Vendor, Solicitor, Peddler 74 74 100.00% Assigned to Contractor (city owned) 0 0 0 0 Landscaping/trees- private property 13 3 23.08% Completed by Contractor 0 0 0 0 Meter Request 97 1 1.03% Admin Citations 0 3 0 3
Neglected property/trash & debris 3 1 33.33%
Noise Complaint 2 2 100.00%
Outdoor Storage 2 1 50.00%
Parks 7 5 71.43%
Police/ Traffic Enforcement 42 38 90.48%
Potholes 51 41 80.39%
Refuse Can Replacement / Repair 11 7 63.64%
Report Leak 30 19 63.33%
Sheds or second units 2 0 0.00%
Sidewalk Condition 7 1 14.29%
Signs- In Public Right of Way 1 1 100.00%
Signs- Maintenance Issues 4 2 50.00%
Signs- Temporary 1 1 100.00%
Stop Light Issue 8 7 87.50%
Storm Water 4 1 25.00%
Street Light Issue 6 6 100.00%
Street Sweeping 2 2 100.00%
Vehicles- cars for sale 1 1 100.00%
Vehicles- inoperable vehicles 18 14 77.78%
Vehicles- Parked on lawn 5 5 100.00%
Vehicles- RVs/boats/etc 64 45 70.31%
Water Waste 5 3 60.00%
Water Waste Admin Cite 6 6 100.00%
Water Waste NOV 1 1 100.00%
Weed Abatement 8 4 50.00%
Yard Sales, Frequent 8 8 100.00%
Q3 Total 1012 763 68.01%
CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: 3. Street Performance Measure Quarterly Report FY 2022-2023 (January - March 2023)
SOURCE: Engineering and Project Management
COMMENT: The purpose of this staff report is to provide the City Council with an update on progress made on street reconstruction, overlay, micro-surfacing, and pothole repair efforts for the third quarter of FY 2022-2023 (January - March 2023). For Council's information, when reviewing the report, the light blue bar represents staff's estimated quantity of "work" for each category for the fiscal year. The black overlaid bar represents the quantity of work accomplished to date.

City street crews have focused mainly on street repairs and pothole repair efforts during this third quarter reporting period. Villa Street reconstruction (Olive Avenue to Henderson Avenue) is currently out to bid. Main Street reconstruction (Olive Avenue to Morton Avenue), Newcomb Street reconstruction (Olive Avenue to Porter Slough), Villa Street reconstruction (Henderson Avenue to Westfield Avenue), Henderson Avenue rehabilitation (Westwood Street to Patsy Street), Union Avenue reconstruction (Westwood Street to Plano Street), Grand Avenue (Fourth Street to Plano Street) and Henrahan Street (Grand Avenue to Morton Avenue) reconstruction, Montgomery Avenue reconstruction (Jaye Street to H Street), and Date Avenue (Jaye Street to H Street) and Kessing Street (Date Avenue to River Avenue) widening are under design.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. 2022-2023 Level of Service Progress Report 2nd quarter

2. 2022-2023 Level of Service Progress Report 3rd quarter Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

CITY OF PORTERVILLE
2022/2023 Level of Service Report 2nd QUARTER REPORT - July 1, 2022 - December 31, 2022 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 22/23: 0 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 500 LF of Overlayed Streets
(Length represents street lanes)
2000 LF6000 LF
10000 LF14000 LF18000 LF22000 LF26000 LF
30000 LF34000 LF38000 LF42000 LF48000 LF52000 LF
Total FY 22/23: 50,856 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 22/23: 0 Lineal Feet

CITY OF PORTERVILLE
2022/2023 Level of Service Report 3rd QUARTER REPORT - July 1, 2022 - March 31, 2023 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 22/23: 0 Lineal Feet of Street Lanes

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair
(Each Square Represnts Approx. 250 Potholes Repaired)
2000 SF4000 SF6000 SF8000 SF
10000 SF
12000 sf14000 sf16000 sf18000 sf20000 sf22000 sf24000 sf Total FY 22/23: 49,550 Square Feet
Total annual effort in lineal feet or square footage
Completed as of 03/31/2023
3rd QUARTER REPORT - July 1, 2022 - March 31, 2023
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2022-2023\2022-2023 Level of Service Progress Report 3nd quarter.xls CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: 4. Building Permit Activity Quarterly Report FY 2022-2023 (January - March 2023)
SOURCE: Engineering and Project Management
COMMENT: The Building Permit Activity Report (BPAR) presented herein to the City Council covers the months of January, February and March 2023. The two main categories include new residential permits issued and new commercial permits issued.
3rd Quarter of FY 2021/2022 compared to 3rd Quarter of FY 2022/2023 New residential permits issued during the 3rd quarter of 2022/23 (26) showed an 18.18% increase from the 3rd quarter of 2021/22 (22). New commercial permits issued during the 3rd quarter of 2022/23 (3) showed no change from the 3rd quarter of 2021/22 (3).

Year-to-Date (July 2022 to March 2023)
New residential permits issued this fiscal year (61) are down 33.7% compared to the same period last fiscal year (92). The number of commercial permits issued this fiscal year (4) is down 55.5% from the same period last fiscal year (9).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Building Permit Activity - January 2023

2. Building Permit Activity - February 2023

3. Building Permit Activity - March 2023
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: 5. OHV Park Quarterly Report FY 2022-2023 (January - March 2023) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the OHV Park for informational purposes.The report reflects the Third Quarter FY 2022/23.

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. OHV Park 3rd Quarter Report
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Jan-22 Jan-23 Feb-22 Feb-23 Mar-22 Mar-23
Riders 160 61 308 132 112 98
Revenue $ 1,525.00 3,620.00 $ 7,040.00 $ 2,600.00 $ 2,690.00 $ 2,450.00 $ Days Open 11 4 10 9 5 5
The OHV Park experienced significant flooding causing the closure of the faciilty various days throughout the quarter.

OHV Park 3rd Quarter Stats FY 22/23
cant flooding causing the closure of the faciilty various CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: 6. Golf Course Quarterly Report FY 2022-2023 (January - March 2023) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Golf Course for informational purposes.The report reflects the Third Quarter FY 2022/23.

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Golf Course 3rd Quarter Report
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager

PORTERVILLE GOLF COURSE STATISTICS
Jan-22 Jan-23 Feb-22 Feb-23 Mar-22 Mar-23
Golfers 2195 1253 2219 1608 2455 1200
Repeat 9/Twilight 1350 777 1327 932 1533 734
Tickets Used 829 458 860 650 908 450
Passes Sold 28 25 35 26 31 27
Carts 935 303 878 701 1063 407
Total $20,845.00 $12,529.00 $20,843.00 $17,374.00 $23,249.00 $12,592.00

FOOTGOLF
Jan-22 Jan-23 Feb-22 Feb-23 Mar-22 Mar-23
18-hole adult 0 0 0 0 0 0
18-hole youth 0 0 0 0 0 0
Cart rental 0 0 0 0 0 0
Ball rental 0 0 0 0 0 0
Party 0 0 0 0 0 0
Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
GRAND TOTAL $20,845.00 $12,529.00 $20,843.00 $17,374.00 $23,249.00 $12,592.00 The course experienced significant precipitation causing the closure of the course various days throughout the quarter.

Also, due to the severe wetness of the course, carts were not allowed many days either.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: 7. City Commission and Committee Attendance Quarterly Report FY 2022- 2023 (January - March 2023)
SOURCE: Administrative Services
COMMENT: Staff herein provides for the City Council's information attendance reports as of the Third Quarter FY 2022-23 for the following City Commissions and Committees:
• Animal Control Commission
• Arts Commission
• Library & Literacy Commission
• Parks & Leisure Services Commission
• Transactions & Use Tax Oversight Committee
• CDBG Advisory & Housing Opportunity Committee
RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Animal Control Commission

2. Arts Commission

3. Library & Literacy Commission

4. Parks & Leisure Services Commission

5. Transactions and Use Tax Oversight Committee

6. CDBG Advisory and Housing Opportunities Committee
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Animal Control Commission As of March 31, 2023
Attendance Records
2022 2022 2022 2022 2022 2023
May June July 11-Aug 13-Oct 12-Jan Notes:

Kathy Guinn * * * P P P
Jerry Hall * * * A P P
Art Duron * * * P
Kat Harris * * * P P P
Shawn Schwartzenberger * * P A P
Lacy Goodlett P P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr Notes:

Florenza Pizanis * * * * * *
Jerry Hall * * * * * *
Kathy Guinn * * * * * *
Kat Harris * * * * * *
Art Duron * * * * * *
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2021 2021 2021 2021
Mar Apr May June July Aug Sept Notes:

Florenza Pizanis P P ** ** P
Jerry Hall P A ** ** A
Kathy Guinn P P ** ** P
Kat Harris P P ** ** P
Art Duron A A ** ** P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2020 2020 2020 2020 2020 2021 2021
Aug Sept Oct Nov Dec Jan Feb Notes:

Florenza Pizanis
Jerry Hall
Kathy Guinn
Kat Harris
Vacant
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.

No meetings held due to COVID.

Arts Commission As of March 31, 2023
Attendance Records
2022 2022 2022 2022 2022 2022 2023 2023
Apr May June July Aug Oct Jan April
Kyree Perkins P P P ** P * P
Emily Luna P P P ** P * P
Diego Monterrubio A A A ** A * A
Eden Santos A A P ** Vacated seat 8/22
Maria Menga P P P ** P * P
Dawn Bennett P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2022 2022 2022
Aug Sept Oct Nov Dec Jan Feb Mar
Kyree Perkins *P ** P *P P P P P
Emily Luna *P ** P *P P P P P
Diego Monterrubio *A ** A *A A A A A
Eden Santos *A ** P *A P P A A
Maria Menga ** P *A P P P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2021 2021 2021
Dec Jan Feb Mar Apr May June July
Vacant **
Kyree Perkins *P *P *A **
Emily Luna *P *P *A **
Diego Monterrubio *A *A *A **
Eden Santos *A *A *P **
(Student) vacancy **
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2020 2020 2020 2020 2020 2020 2020
April May June July Aug Sept Oct Nov
Vacant
Kyree Perkins
Emily Luna
Diego Monterrubio
David Mason
(Student) vacancy
2019 2019 2019 2019 2019 2020 2020 2020
28-Aug 25-Sep 23-Oct 27-Nov 25-Dec 22-Jan 4-Mar 24-Mar
Donna Serna A* ** A ** ** ** **
Kyree Perkins P* ** P ** ** ** P **
Emily Luna P* ** P ** ** ** P **
Diego Monterrubio A* ** A ** ** ** **
David Mason P ** ** ** P **
(Student) vacancy
* No meeting due to lack of quorum.
** Meeting Cancelled
No meetings held due to COVID-19.

No meetings held due to COVID.

LIBRARY & LITERACY COMMISSION - Attendance Record As of March 31, 2023 P = Present; A = Absent; E = Excused absence; T = Tardy = Summer Hiatus
** = No meeting held
2022 2022 2022 2022 2022 2023 2023 2023 2023 2023
Aug Sept Oct Nov Dec Jan Feb Mar Apr May

P P P P E P P P
P P E E E P P* A

P P P P P P P P

P P P P P P P A

P P P P P A

P P P P P P
*Attended via Zoom as non-voting member.
2021 2021 2021 2022 2022 2022 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr May June July

P P P P P P P P

P E P E P P P P

P P P P P P P P

P P P E P P P P
P

P P P P P E P
2020 2020 2020 2020 2021 2021 2021 2021 2021 2021
Jan Feb Mar Nov Feb May June July Aug Sept
P E P P P P ** P
P P P P P P ** P
P P P P P P ** P
P E P P P P ** P
P P P P P P ** P
P P P P P E ** P
Leslie Pelon P P P P P P ** E
Patience Christenson
Kim Baumgardner
Susan Uptain
Catherine May
Esther Figueroa
Edith La Vonne
Leslie Pelon
Karen Stover
Catherine May
Esther Figueroa
Edith La Vonne
Patience Christenson
Kim Baumgardner
Susan Uptain
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
PARKS & LEISURE SERVICES COMMISSION As of March 31, 2023

ATTENDANCE RECORDS
Parks & Leisure Services Commissioner's Record of Attendance 2022 2022 2022 2022 2022 2022 2023 2023 2023 2023 2023 2023 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P A P E E P P
Diane Graybehl ** ** E P P P P P E
Kieran Daly ** ** P P A P P P P
** ** P P P P P P P
** ** P P P P P E P
** ** E P P A A P P
** ** P P E P P P E
** ** P A P P P P E
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2021 2021 2021 2021 2021 2021 2022 2022 2022 2022 2022 2022 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P P P ** P E P P P A
Diane Graybehl ** ** P P P ** P P P P P P
Kieran Daly ** ** P P P ** A E P P P P
** ** P P E ** P P P P P P
** ** P P P ** P P P P P P
** ** P P E ** P P P E P P
** ** P P P ** P P P P P P
** P P P ** A P P P P P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2020 2020 2020 2020 2020 2020 2021 2021 2021 2021 2021 2021 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** P ** ** P ** ** A ** ** A E
Diane Graybehl ** P ** ** P ** ** P ** ** P E
Kieran Daly ** E ** ** P ** ** A ** ** E E
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy P = Present; E = Excused Absence; A = Absent; T = Tardy Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
P = Present; E = Excused Absence; A = Absent; T = Tardy Transactions and Use Tax Oversight Committee As of March 31, 2023 Attendance Records
2022 2022 2023
25-Aug 17-Nov 16-Feb
John Simonich P P A Term expires 5/2026
Margaret Stinson P P P Term expires 5/2024
John Billiou P P A Term expires 5/2026
Jerry Hall P P P Term expires 5/2026
Janice Kovars P P P Term expires 5/2024
Shawn Byars P A P Term expires 5/2026
Joshua Sulier A P P Term expires 5/2024
Angela Dennis P A P Apptd 12/20; Term exp 5/2024
Rae Dean Strawn P P A Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. A P P Apptd 07/19; Term exp 5/2024
* Meeting cancelled
2020 2020 2021 2021 2021 2022 2022
23-Sep 18-Nov 26-May 25-Aug 17-Nov 24-Feb 19-May
John Simonich P P P P A P P Term expires 5/2026
Margaret Stinson P P P P P P P Term expires 5/2024
Russell "Buck" Fletcher A P P A A A A Term ended
John Billiou P P P P P P P Term expires 5/2026
Jerry Hall A P A A P P P Term expires 5/2026
Janice Kovars P P P P A P P Term expires 5/2024
Shawn Byars P A P P P P P Term expires 5/2026
Joshua Sulier P P P P P P P Term expires 5/2024
Angela Dennis P P P P P Apptd 12/20; Term exp 5/2024
Rae Dean Strawn Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. Apptd 07/19; Term exp 5/2024
* Meeting cancelled
2018 2019 2019 2019 2019 2019 2020
13-Nov 9-Jan 12-Feb 28-May 27-Aug 6-Nov 26-Feb
John Simonich A P A P A A *
Margaret Stinson P P P A P P *
Russell "Buck" Fletcher P P P P P P *
John Angell A A A P P P *
Mike Boudreaux Sr. A P P P P A *
Virginia Gurrola P P P A
John Billiou P P A P P P *
Jerry Hall P P P P P P *
Janice Kovars P P P P P P *
Shawn Byars P P P P P P *
Joshua Sulier P *
* Meeting cancelled
CDBG Citizens' Advisory and Housing Opportunity Committee As of March 31, 2023 Attendance Records
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 3/4/2020 2/25/2021 3/14/2022 2/28/2023 Pat Contreras P P P P
Linda Mendez P P P A
Grace Munoz-Rios P
Doug Heusdens A A A
Rebecca Vigil A A P
Kelle Jo Lowe P P
Maria Gonzalez P
Eriselda Lizarraga P A A
Isabel Olmos P P
Rebecca Contreras P P
Yalimar Garcia P
Jacqueline Verduzco Alanis P
* No meeting was held due to COVID.

Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 4/27/2015 3/28/2016 3/1/2017 2/28/2018 2/26/2019 Pat Contreras P A P P P
Linda Mendez P A P P A
Grace Munoz-Rios P P P P P
Doug Heusdens P P P P A
Rebecca Vigil P P A P P
Kelle Jo Lowe P P P P P
Maria Gonzalez P A P P P
Year Originally Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member Appointed 3/14/2011 3/12/2012 3/11/2013 3/10/2014 Pat Contreras 1988 P P P P
Linda Olmedo 1997 P P P P
Grace Munoz-Rios 1992 P P P A
Doug Heusdens 2012 N/A P P P
John Dennis 1998 P P A P
Rebecca Vigil 2008 P P A P
Kelle Jo Lowe 2009 P P P P
This Committee typically meets on an annual basis in February or March.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: 8. City Council Member Appointments Attendance Quarterly Report FY 2022- 23 (January - March 2023)
SOURCE: Administrative Services
COMMENT: At its meeting on January 21, 2020, the City Council directed staff to prepare a quarterly report on Council Member attendance at meetings of boards to which Council Members were appointed. This report represents attendance at meetings during the third quarter of FY 2022-2023 (January - March 2023).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Third Quarter FY 2022-23 (January - March) Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Committee/Board Member/Alternate January February March Ad Hoc Committee- COVID-19 Kellie Carrillo-Member
Greg Meister - Member
Ad Hoc Committee - Proposition 64 Don Weyhrauch - Member 1/24 P Regulation of Marijuana Raymond Beltran - Member 1/24 P Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Raymond Beltran - Member
Council of Cities Martha Flores - Member
Greg Meister - Member
Eastern Tule Groundwater Don Weyhrauch - Member 1/5 P 2/2 P 3/2 P Sustainability Agency JPA (ETGSA) Michael Knight-Alternate Internal City Audit Committee Martha Flores - Member 1/25 P 2/22 P 3/29 P Kellie Carrillo - Member 1/25 P 2/22 P 3/29P
Joint City/School District Committee Kellie Carrillo - Member 3/27 P Greg Meister - Member 3/27P
Raymond Beltran - Member 1/4 P 2/1 P 3/1 P
Claudia Calderon -Alternate
Mighty190 Committee Kellie Carrillo - Member 1/26 P
Greg Meister - Member 1/26 P
Don Weyhrauch - Member 2/17 P
Raymond Beltran - Member 2/17 P
PDC Advisory Board John Lollis - Member
Mayor - Alternate
San Joaquin Valley Air Pollution Control Don Weyhrauch - Member District ("SJVAPCD") Board
San Joaquin Valley Special City Selection Don Weyhrauch - Member Committee Greg Meister - Alternate
San Joaquin Valley REAP Committee Martha Flores- Member 2/24 P Martha Flores - Member 1/30 P 2/27 P 3/20P, 3/31P
Greg Meister - Alternate
Martha Flores - Member 2/9 P
Tulare County City Selection Mayor - City Member 1/18 P Committee Designee - Alternate
Martha Flores - Member 1/13P, 1/25P 2/9 P
John Lollis - Alternate 2/22 P
Don Weyhrauch - Member 1/30 P 2/8 P, 2/22 P 3/22P, 3/29P Raymond Beltran - Alternate
Kellie Carrillo - Advisory
Tulare County Taskforce on Homelessness Martha Flores - Member 1/18 P 2/15 P Claudia Calderon - Alternate
Tule River Improvement JPA Don Weyhraruch - Member
Michael Knight - Alternate
P = Present A = Absent
Tulare County Regional Transit Agency (TCRTA)
Tulare County Economic Development Corporation
(TCEDC)
Tulare County Association of Governments/Tulare
County Transportation Authority (TCAG/TCTA)
Tulare County Association of Governments (TCAG) -
Sustainable Corridors Committee
City Council Attendance - FY 2022-2023 Third Quarter Report January 1, 2023 through March 31, 2023
Porterville Area Development Authority (PADA)
Local Initiatives Navigation Center Committee (LINC)
Item No. 1.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: City Council Minutes of November 15, 2022, and April 18, 2023.

SOURCE: Administrative Services
COMMENT: Staff has prepared the draft minutes for November 15, 2022, and April 18, 2023.

RECOMMENDATION: That the Council approve the draft Minutes of November 15, 2022, and April 18, 2023.

ATTACHMENTS: 1. 2022-11-15 Draft Minutes

2. 2023-04-18 Draft Minutes
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: Patrice Hildreth, Deputy City Manager

Page 1 of 12 ends

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
NOVEMBER 15, 2022, 5:30 PM
Called to Order at 5:31 p.m.

Roll Call: Council Member Donald Weyhrauch, Council Member Lawana Tate, Council Member Milt Stowe (arrived during Closed Session), Vice Mayor Kellie Carrillo, Mayor Martha A. Flores

ORAL COMMUNICATIONS
None.

CITY COUNCL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN 259-040-047. Agency negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Smee Homes, Inc. under Negotiation:

Terms and Price.
2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN 260-300-030. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and CZEM Partners, LLC. under Negotiation: Terms and Price.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Dionicia Astorga. Agency claimed against: City of Porterville.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Julian Vasquez, Jr. Agency claimed against: City of Porterville.
5 - Government Code Section 54956.9(d)(1) – Conference with Legal counsel – Existing Litigation: Amber Moreno v. City of Porterville, Et Al., United States District Court, Eastern Division, Case No. 121-AT-00590.
6 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Cecilia Chavez Et Al. v. City of Porterville Et Al., United States District Court, Eastern Division, Case No. 122-CV-00794-ADA-SKO.
7 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Three (3) cases in which facts are not yet known to potential plaintiff.
8 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case.
6:37 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-3, as follows:

Page 2 of 12 ends

A-3. On a MOTION made by Councilmember Milt Stowe, and SECONDED by Mayor Martha A. Flores the City Council unanimously denied the claim filed by Dionicia Astorga.

Documentation: M.O. 01-111522
Disposition: Claim rejected.

The Pledge of Allegiance was led by Councilmember Donald Weyhrauch.

Invocation – a member of the public came forward to give an invocation.

PRESENTATIONS
Employee of the Month - Austin Gonzalez
Outstanding Business - ZeroNox

ORAL COMMUNICATIONS
• David Horowitz, Porterville, stated he is disappointed with our council for the way he believes they treat veterans.
• Josh Pearson, Porterville Chamber of Commerce, spoke of new members to the chamber; and upcoming and recent events such as an award ceremony, Business After Hours at Porterville Ford, the Children’s Christmas Parade, and the First Friday Coffee event. • Marco Galina, Porterville, spoke of his desire in the City Council revoking a previously awarded Business of the Year of 2019.

AB 1234 REPORTS
Mayor Flores moved all AB1234 reports to after the Scheduled Matters.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - November 3, 2022 – no report was provided.

2. Library & Literacy Commission - November 8, 2022
Commissioner Edith LaVonne reported a recommendation that was given by the Commission to the Council to allow for the library to be closed December 24th; spoke of participation statistics for various events such as Virtual Story Time, Adult Book Club, Bilingual Story Time, Tween Teentober, Coloring Club, and Pioneer Day; and presented the council with posters of activities.

3. Arts Commission - October 25, 2022
Vice Chair Emily Luna stated that a quorum was not met and no action was taken; spoke of a new commissioner that was appointed to the Commission; and spoke of current vacancies on the commission.

Page 3 of 12 ends

4. Animal Control Commission – no report was provided.

5. Youth Commission – no report was provided.

6. Transactions and Use Tax Oversight Committee (TUTOC) – no report was provided.

II. Staff Informational Reports

1. Water Conservation Phase Iv Status Update - October 2022

CONSENT CALENDAR
There were no items pulled from the Consent Calendar for discussion.

COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Councilmember Milt Stowe that the City Council approve Items Nos. 1-12. The motion carried unanimously.

1. FLEET MANAGEMENT SOFTWARE RENEWAL
Recommendation: That the City Council:

1. Approve the software contract with Ron Turley Associates for one (1) year; and

2. Authorize payment for these services from the Equipment Maintenance Shop Operating Budget.

Documentation: M.O. 02-111522
Disposition: Approved.

2. AUTHORIZATION FOR TRANSIT BUS ENGINE REPAIR
Recommendation: That the City Council:

1. Authorize transit bus engine overhaul by Cummins Pacific at a cost not to exceed $41,418 (inclusive of all parts, taxes, labor, including a 10% contingency); and

2. Authorize payment of said repair upon satisfactory completion.

Documentation: M.O. 03-111522
Disposition: Approved.

3. AUTHORIZATION TO RE-ADVERTISE FOR BIDS FOR THE PARALLEL

AND CONNECTING TAXIWAYS REHABILITATION PROJECT AT THE

PORTERVILLE MUNICIPAL AIRPORT

Page 4 of 12 ends

Recommendation: That the City Council authorize staff to re-advertise for bids for the Parallel and Connecting Taxiways Rehabilitation Project at the Porterville Municipal Airport.

Documentation: M.O. 04-111522
Disposition: Approved.

4. ACCEPTANCE OF PROJECT - CORPORATION YARD ELECTRIFICATION PROJECT, PHASE 2
Recommendation: That the City Council:

1. Accept the project as complete; and

2. Authorize the filing of the Notice of Completion.

Documentation: M.O. 05-111522
Disposition: Approved.

5. ACCEPTANCE OF PROJECT - TRANSIT CENTER ELECTRIFICATION

PROJECT
Recommendation: That the City Council:

1. Accept the project as complete; and

2. Authorize the filing of the Notice of Completion.

Documentation: M.O. 06-111522
Disposition: Approved.

6. ACCEPTANCE OF FISCAL YEAR 2020 STATE HOMELAND SECURITY

GRANT PROGRAM FUNDS
Recommendation: That the City Council:

1. Authorize the Mayor to sign the Subaward Agreement as authorized agent; and

2. Accept the $70,282 award of grant funds to purchase Bauer SCBA Cylinder Air Fill Station.

Documentation: M.O. 07-111522
Disposition: Approved.

7. AUTHORIZATION TO EXECUTE COOPERATIVE AGREEMENT - AVENUE 152 (OLIVE AVENUE) BRIDGE

Recommendation: That the City Council:

1. Approve the Cooperative Agreement for the Avenue 152 (Olive Avenue) Tule River Bridge Project;

Page 5 of 12 ends

2. Authorize the City Manager to sign said Agreement; and

3. Direct the Engineering & Project Management Director to send the signed agreement to Tulare County for final execution.

Documentation: M.O. 08-111522
Disposition: Approved.

8. ADOPTION OF A CONFLICT OF INTEREST POLICY FOR DESIGN-BUILD

PROJECTS
Recommendation: That the City Council:

1. Approve the Conflict of Interest Policy for Design-Build Projects as developed by staff and adopt the Resolution for said policy; and

2. Authorize the City Clerk to record the attached Resolution.

Documentation: Resolution No. 110-2022
Disposition: Approved.

9. INTENT TO SCHEDULE A PUBLIC HEARING TO CONSIDER THE

ADJUSTMENT OF GOLF COURSE FEES
Recommendation: That the City Council schedule a Public Hearing for December 6, 2022, for consideration of the adjustment of Porterville Municipal Golf Course Fees.

Documentation: M.O. 09-111522
Disposition: Approved.

10. REQUEST FOR STREET CLOSURE: 28TH ANNUAL MYERS CHRISTMAS MEMORIAL TREE LIGHTING - DECEMBER 13, 2022
Recommendation: That the City Council approve the closure of "E" Street, between Putnam and Cleveland Avenues, on December 13, 2022, from 5:00 p.m. to 9:00 p.m., subject to the specified conditions.

Documentation: M.O. 10-111522
Disposition: Approved.

11. 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 the option to participate in the City's public meetings remotely through the use of the teleconferencing provisions of AB 361.

Page 6 of 12 ends

Documentation: Resolution No. 111-2022
Disposition: Approved.

12. 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.

Documentation: M.O. 11-111522
Disposition: Approved.

Council took action to approve Second Reading Item Nos. 13-19, together as one motion.

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Milt Stowe that the City Council approve the Second Reading Item Nos. 13-19. The motion carried unanimously.

SECOND READINGS

13. SECOND READING - ORDINANCE NO. 1893, AN ORDINANCE
AMENDING CHAPTER 7, ARTICLE I, AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE,

BUILDING CODE, RESIDENTIAL CODE, ENERGY CODE, HISTORICAL

BUILDING CODE, EXISTING BUILDING CODE, AND REFERENCED

STANDARDS CODE
Recommendation: That the City Council give second reading to Ordinance No. 1893, 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 Milt Stowe that the City Council give second reading to Ordinance No. 1893, being AN ORDINANCE AMENDING CHAPTER 7, ARTICLE I, AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE

CALIFORNIA ADMINISTRATIVE CODE, BUILDING CODE,

RESIDENTIAL CODE, ENERGY CODE, HISTORICAL BUILDING

CODE, EXISTING BUILDING CODE, AND REFERENCED
STANDARDS CODE, waive further reading, and adopt said Ordinance.

The motion carried unanimously.

The ordinance was read by title only.

Documentation: Ordinance No. 1893
Disposition: Approved.

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14. SECOND READING - ORDINANCE NO. 1894, AN ORDINANCE
AMENDING CHAPTER 7, ARTICLE IA, AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA MECHANICAL CODE
Recommendation: That the City Council give second reading to Ordinance No. 1894, 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 Milt Stowe that the City Council give Second Reading to Ordinance No. 1894, being AN ORDINANCE AMENDING CHAPTER 7, ARTICLE IA, AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA MECHANICAL CODE, waive further reading, and adopt said Ordinance. The motion carried unanimously.

The ordinance was read by title only.

Documentation: Ordinance No. 1894
Disposition: Approved.

15. SECOND READING - ORDINANCE NO. 1895, AN ORDINANCE
AMENDING CHAPTER 7, ARTICLE II, AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA PLUMBING CODE
Recommendation: That the City Council give second reading to Ordinance No. 1895, 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 Milt Stowe that the City Council give Second Reading to Ordinance No. 1895, being AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II, AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA PLUMBING CODE, waive further reading, and adopt said ordinance. The motion carried unanimously.

The ordinance was read by title only.

Documentation: Ordinance No. 1895
Disposition: Approved.

16. SECOND READING - ORDINANCE NO. 1896, AN ORDINANCE
AMENDING CHAPTER 7, ARTICLE III, SECTION 7-9 AND DELETING

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SECTION 7-10 AND ADOPTING BY REFERENCE THE 2022 EDITION OF

THE CALIFORNIA ELECTRICAL CODE
Recommendation: That the City Council give second reading to Ordinance No. 1896, 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 Milt Stowe that the City Council give Second Reading to Ordinance No. 1896, being AN ORDINANCE AMENDING CHAPTER 7, ARTICLE III, SECTION 7-9 AND DELETING SECTION 7-10 AND ADOPTING BY
REFERENCE THE 2022 EDITION OF THE CALIFORNIA
ELECTRICAL CODE, waive further reading, and adopt said Ordinance.

The motion carried unanimously.

The ordinance was read by title only.

Documentation: Ordinance No. 1896
Disposition: Approved.

17. SECOND READING - ORDINANCE NO. 1897, AN ORDINANCE
AMENDING CHAPTER 7, ARTICLE IV AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA GREEN BUILDING

STANDARDS CODE
Recommendation: That the City Council give second reading to Ordinance No. 1897, 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 Milt Stowe that the City Council give Second Reading to Ordinance No. 1897, being AN ORDINANCE AMENDING CHAPTER 7, ARTICLE IV AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA GREEN BUILDING STANDARDS CODE, waive further reading, and adopt said Ordinance. The motion carried unanimously.

The ordinance was read by title only.

Documentation: Ordinance No. 1897
Disposition: Approved.

18. SECOND READING - ORDINANCE NO. 1898, AN ORDINANCE
AMENDING CHAPTER 12, ARTICLE I AND ADOPTING BY REFERENCE

Page 9 of 12 ends

EXCEPT AS OTHERWISE PROVIDED, THE 2022 EDITION OF THE

CALIFORNIA FIRE CODE ALONG WITH DESIGNATED APPENDICES
Recommendation: That the City Council give second reading to Ordinance No. 1898, 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 Milt Stowe that the City Council give Second Reading to Ordinance No. 1898, being AN ORDINANCE AMENDING CHAPTER 12, ARTICLE I

AND ADOPTING BY REFERENCE EXCEPT AS OTHERWISE
PROVIDED, THE 2022 EDITION OF THE CALIFORNIA FIRE CODE
ALONG WITH DESIGNATED APPENDICES, waive further reading and adopt said Ordinance. The motion carried unanimously.

The ordinance was read by title only.

Documentation: Ordinance No. 1898
Disposition: Approved.

19. SECOND READING - ORDINANCE NO. 1899, AN ORDINANCE
AMENDING CHAPTERS 2, 12, AND 17 OF THE PORTERVILLE

MUNICIPAL CODE
Recommendation: That the City Council give second reading to Ordinance No. 1899, 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 Milt Stowe that the City Council give Second Reading to Ordinance No. 1899, being AN ORDINANCE AMENDING CHAPTERS 2, 12, AND 17 OF THE PORTERVILLE MUNICIPAL CODE, waive further reading and adopt said Ordinance. The motion carried unanimously.

The ordinance was read by title only.

Documentation: Ordinance No. 1899
Disposition: Approved.

SCHEDULED MATTERS

20. CONSIDERATION OF CITY CODE PROHIBITING COMMERCIAL

VEHICLES FROM USING CERTAIN STREETS

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Recommendation: That the City Council consider and review the City's Code requirements for prohibiting commercial vehicles from using certain streets, specifically E. Yates Avenue, S. Roche Street and E. Worth Avenue between S. Main Street and S. Plano Street, and provide direction as deemed appropriate.

City Manager Lollis introduced the item and presented the staff report.

Direction was given to have a resolution brought back considering the prohibition of commercial vehicles from using specific street or portions thereof which will be considered at the next Regular City Council Meeting.

Documentation: None
Disposition: Direction given.

AB1234 REPORTS (continued)

1. Local Initiatives Navigation Center (LINC) Homeless Outreach Event - November 2, 2022
Councilmember Tate reported on her attendance to the coat drive event and reported on what they were able to accomplish at the event.

2. Eastern Tule Groundwater Sustainability Agency Board - November 3, 2022 Public Works Director Michael Knight reported on the approval of minutes, approval of a resolution to allow for teleconferencing, a review of Scope of Work and Budget from Thomas Harder & Co., and a review of a well mitigation program and the seventh amended Rules and Regulations.

3. Social Services Transportation Advisory Council (SSTAC) - November 8, 2022 Vice Mayor Carrillo asked to carry over this report to the next meeting.

4. Transportation Forum - November 9, 2022
Vice Mayor Carrillo asked to carry over this report to the next meeting.

5. Tulare County Association of Governments (TCAG)/Tule River Tribe - Active Transportation Program (ATP) Project Meeting - November 9, 2022 Mayor Flores stated that information will be taken up to the Tule River Tribe, so that the tribe can tell the association which projects they would like to move forward with.

6. LINC Committee - November 9, 2022
Councilmember Tate combined this report with her report for the coat drive event mentioned on Item No. 1 of the AB1234 reports.

7. Porterville Area Development Authority (PADA) Board - November 9, 2022

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City Manager Lollis reported on the discussion that took place regarding the local road’s improvement coordination in the vicinity of the new Eagle Mountain Casino and the Tule River Tribe Active Transportation Plan updates.

8. CALVANS Board - November 10, 2022
Vice Mayor Carrillo stated the meeting was cancelled.

9. Tulare County Regional Transit Agency (TCRTA) Board - November 10, 2022 Councilmember Weyhrauch reported on those in attendance, reports from the safety committee, approval of minutes, approval of resolution to reaffirm AB361, a service agreement with the County of Tulare for staffing, and discussions surrounding a lease agreement with the County for office space.

Vice Mayor Carrillo spoke of her attendance to the meeting and stated she noticed that while attending the meeting, that a lot of the pilot projects and examples are all based on Porterville services.

ORAL COMMUNICATIONS
• Richard Hatfield, Porterville, stating that his concern of traffic on his street is of the big rig and 18 wheelers and not the smaller commercial vehicles like Fed Ex and UPS.

OTHER MATTERS
• Councilmember Tate lauded city staff for their efforts at the Veterans Day Parade and for their efforts in providing public safety for the community.
• Councilmember Stowe spoke of his attendance at the Veterans Day Parade and was astonished by the Skydivers, and reminded everyone that political signs need to be removed soon. • Councilmember Weyhrauch spoke of his attendance and experience at the Veterans Day Parade and of homeless-to-work programs; and discussed the traffic-related issues within the city.
• Vice Mayor Carrillo thanked Councilmember Tate for the updates on the LINC Committee; and spoke of an incident of stolen equipment that happened with the Tule River Veterans Post and thanked City Manager John Lollis, Fire Chief Brian Cogburn and the Fire Department for their donation of flags to the Tule River Veterans Post. • Mayor Flores spoke of her attendance to the Tulare-Kings Hispanic Chamber of Commerce Ambassador Luncheon, the Porterville Chamber Business After Hours hosted by Porterville Ford, the Veterans Day Parade, and her upcoming attendance Chamber Awards event. • City Manager Lollis spoke of the Veterans Day Parade and stated the city does not charge the Veterans for the parade; and spoke of the upcoming Christmas Parade and State of the City Address.

CLOSED SESSION
The Council took a ten-minute recess and reconvened in Closed Session at 8:24 p.m.

ADJOURNMENT –
The Council adjourned at 8:52 p.m.to the meeting of December 6, 2022 at 5:30 P.M.

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Fernando Gabriel-Moraga, Deputy City Clerk
SEAL
Martha A. Flores, Mayor

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CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET, PORTERVILLE, CA 93257
PARADISE POINT, HOTEL LOBBY, 1404 VACATION RD., SAN DIEGO, CA 92109 APRIL 18, 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 (attended virtually), Mayor Martha A. Flores

ORAL COMMUNICATIONS
 Brock Neeley, Porterville, spoke of his attendance to an upcoming democratic convention in Los Angeles.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 302-110-073. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Robert C. and Gail L. Nuckols (TRS Family Trust). Under Negotiation: Terms and Price.
2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis, Patrice Hildreth and Yuliana Andrade. Employee Organizations:

Porterville City Firefighters Association, Porterville City Employees Association, Management & Confidential Series, and All Unrepresented Management Employees. 3 - Government Code Section 54956.95 – Liability Claim: Claimant: Miguel and Anna Moreno. Agency Claimed Against: City of Porterville.
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 District, Case No. 1:22-CV-1245 AWI EPG.
5 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Cecilia Chavez et al. v. City of Porterville et al., U.S. District Court, Eastern District, Case No. 22-CV-00794-ADA-SKO.
6 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel - Existing Litigation: Anthony Luckey v. City of Porterville et al., U.S. District Court, Eastern District, Case No. 1:23-CV-00551-ADA-BAM.
7 - Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Litigation: Ana Isabel Moreno v. City of Porterville et al., U.S. District Court, Eastern District, Case No. 1:23-CV-00541-JLT-SKO.
8 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Two (2) cases in which facts are not yet known to potential plaintiff.

Page 2 of 11 ends

9 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case.
10 - Government Code Section 54957 – Threat to public services or facilities: Consultation with Jake Castellow, Porterville EOC Incident Commander. 6:50 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-3, as follows:

A-3. On a MOTION made by Council Member Beltran, SECONDED by Council Member Meister, the City Council unanimously denied the claim filed by Miguel and Anna Moreno.

Documentation: M.O. 01-041823
Disposition: Claim denied.

The Pledge of Allegiance was led by Council Member Beltran.

Invocation – a member of the public came forward and gave an invocation.

PRESENTATIONS
Tulare County Economic Development Corporation – Airica de Oliveira – President/CEO

ORAL COMMUNICATIONS
 Antonio Morales, Porterville, expressed his concerns regarding the safety of his home along the Tule River.
 Brock Neeley, Porterville, presented the Council with information on the last Charter Review Committee’s action to review the Charter in 2013/14, and suggested it was again time to review the City’s Charter.
 Ed McKervey, Porterville, spoke of what he believed to be the history of the construction of the Lombardi School, and Burton’s Environmental Impact Report relating to traffic in that area.
 Josh Flowers, Strathmore, expressed his appreciation of the Council and staff for their efforts with the Porterville Armory and spoke of the ongoing homeless situation in the city.  Neil Peyron, Chairman of the Tule River Tribal Council, spoke in favor of Item No. 8 and Item No. 14 on the Agenda.
 Scott Bowler, Porterville Chamber of Commerce, thanked everyone who attended the Spring Festival; spoke of an upcoming ribbon cutting event for Imagine Arts Center; and advised of the Chamber’s next First Friday Coffee event.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - April 6, 2023

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Commissioner Arlene Pena reported on the Annual Egg Hunt, the Jr. Pirates Track and Field Team, the Tulare County Youth Track and Field Meet, the Arbor Day Tree Planting Ceremony, Summer Swim Lessons, Summer Day Camp, Summer Volleyball, and Youth Baseball.

2. Library & Literacy Commission - April 11, 2023 – no report was provided.

3. Arts Commission – no report was provided.

4. Animal Control Commission - April 13, 2023
Commissioner Kathy Guinn reported on the submission of reports from Porterville Animal Control, a discussion on the possible purchase of dart guns for the Shelter, staffing vacancies, and a recommendation that the City Council officially rename Porterville Animal Control to Porterville Animal Services. Commissioner Guinn also reported that the Animal Control Commission requested that the Council consider naming the new animal shelter after Augie Gonzalez.

5. Youth Commission - April 12, 2023 – no report was provided.

6. Transactions and Use Tax Oversight Committee (TUTOC) – no report was provided.

II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - March 2023

2. Spring Clean-Up Event

CONSENT CALENDAR
Item No. 6 was removed for further discussion. Noting a conflict of interest, Vice Mayor Carrillo advised of her abstention on Item No. 8.

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Beltran, that the City Council approve Items Nos. 1-5, and 7-11. The motion carried unanimously.

1. CITY COUNCIL MINUTES OF DECEMBER 06, 2022, AND APRIL 04, 2023.

Recommendation: That the Council approve the draft Minutes of December 06, 2022, and April 04, 2023.

Documentation: M.O. 02-041823
Disposition: Approved.

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2. AUTHORIZATION TO PURCHASE SPECIALIZED EQUIPMENT -

LABORATORY REFRIGERATORS
Recommendation: That the City Council:

1. Award the purchase of three laboratory refrigerators to Fisher Scientific for an amount not to exceed $23,639 which includes taxes, fuel charge and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Fisher Scientific for an amount not to exceed $23,639 which includes taxes, fuel charge and a ten percent (10%) contingency; and

3. Direct the Finance Director to make payment to Fisher Scientific upon receipt of an invoice approved by the Public Works Director.

Documentation: M.O. 03-041823
Disposition: Approved.

3. RENEWAL OF SOPHOS ENDPOINT AND EMAIL SECURITY
Recommendation: That the City Council approve the current renewal of Sophos Intercept X with XDR/EDR and Email Advanced from GovConnection, Inc. for three years at a cost of $29,398.18 plus the applicable sales tax with the option to renew the Sophos subscription for an additional three years, for a total of six years.

Documentation: M.O. 04-041823
Disposition: Approved.

4. ACCEPTANCE OF PROJECT - ISLAND ANNEXATION AREA 478B & C

SEWER PROJECT
Recommendation: That the City Council:

1. Accept the project as complete; and

2. Authorize the filing of the Notice of Completion.

Documentation: M.O. 05-041823
Disposition: Approved.

5. AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS TO

UPDATE THE PUBLIC HEALTH & SAFETY ELEMENT AND

PREPARATION OF AN ENVIRONMENTAL JUSTICE ELEMENT TO THE
PORTERVILLE 2030 GENERAL PLAN
Recommendation: That City Council authorize staff to distribute a Request for Proposals for the update to the Public Health & Safety Element and preparation of an Environmental Justice Element to the City’s 2030 General Plan.

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Documentation: M.O. 06-041823
Disposition: Approved.

7. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT WITH
4CREEKS, INC - VETERANS PARK MULTI-USE TRAIL, PHASE 2
Recommendation: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the design of Phase 2 of the Veterans Park Multi-Use Trail, with 4Creeks, Inc. in the amount of $132,355;

2. Authorize progress payments up to one hundred percent (100%) of the fee amount; and

3. Authorize the Engineering & Project Management Director to secure Measure R Funds for the design of the project.

Documentation: M.O. 07-041823
Disposition: Approved.

8. AUTHORIZATION OF TEMPORARY OVERFLOW PARKING ON CITY

PROPERTY
Recommendation: That the City Council authorize temporary overflow parking at the Porterville Sports Complex and on City property adjacent to the east of the Porterville Fairgrounds for the opening of the new Eagle Mountain Casino the days of April 20 - 23 and May 5 - 14, 2023.

AYES: Beltran, Meister, Weyhrauch, Flores
NOES: None
ABSTAIN: Carrillo
ABSENT: None
Documentation: M.O. 08-041823
Disposition: Approved.

9. RESOLUTION APPROVING SIDE LETTER WITH PORTERVILLE CITY

EMPLOYEES ASSOCIATION AND MANAGEMENT AND CONFIDENTIAL

SERIES EMPLOYEES CONCERNING CLASS A DRIVER'S LICENSE

INCENTIVE PAY
Recommendation: That the City Council adopt the draft Resolution approving a Side Letter between the City of Porterville and Porterville City Employees Association and Management & Confidential Series employees amending the Employee Pay & Benefit Plan establishing incentive pay for employees attaining and retaining a Class A Driver's License.

Page 6 of 11 ends

Documentation: Resolution No. 16-2023
Disposition: Approved.

10. OUT-OF-STATE TRAVEL FOR FALLEN FIREFIGHTER MEMORIAL Recommendation: That the City Council:

1. Authorize travel by City representatives to Emmitsburg, Maryland; and

2. Approve up to $4,000 in anticipated travel expenses from the Fire Department's annual budget.

Documentation: M.O. 09-041823
Disposition: Approved.

11. STATUS AND REVIEW OF LOCAL DROUGHT EMERGENCY
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.

Documentation: M.O. 10-041823
Disposition: Approved.

PUBLIC HEARINGS

12. SUBSTANTIAL AMENDMENT TO THE 2022/2023 ACTION PLAN FOR USE

OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND

PROGRAM INCOME
Recommendation: That the City Council:

1. Adopt the draft Resolution approving the proposed substantial amendment to the 2022/2023 Action Plan; and

2. Direct staff to submit the amendment to the 2022/2023 Action Plan to HUD.

City Manager Lollis introduced the item and Economic and Housing Development Manager Claudia Calderon presented the staff report.

Mayor Flores opened the Public Hearing at 7:45 p.m. and closed the Public Hearing at 7:46 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Weyhrauch, that the City Council adopt the draft resolution approving the proposed substantial amendment to the 2022/2023 Action Plan; and directed staff to submit the amendment to the 2022/2023 Action Plan to the Department of Housing and Urban Development. The motion carried unanimously.

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Documentation: Resolution No. 17-2023
Disposition: Approved.

13. COMMUNITY DEVELOPMENT BLOCK GRANT 2023/24 ACTION PLAN Recommendation: That the City Council:

1. Adopt the draft Resolution approving the 2023/24 Action Plan; and

2. Direct staff to submit the 2023/24 Action Plan to HUD.

City Manager Lollis introduced the item, advised that he had a conflict of interest on the item, and recused himself and exited the Council Chambers.

Assistant City Manager Jason Ridenour presented the staff report.

Mayor Flores opened the Public Hearing at 7:52 p.m.
 Brock Neeley, Porterville, lauded city staff for making the HUD program work.

Mayor Flores closed the Public Hearing at 7:52 p.m. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Meister, that the City Council adopt the draft resolution approving the 2023/2024 Action Plan; and direct staff to submit the 2023/2024 Action Plan to the Department of Housing and Urban Development. The motion carried unanimously.

Documentation: Resolution No. 18-2023
Disposition: Approved.

SCHEDULED MATTERS

14. AGREEMENT FOR THE PROVISION OF RECYCLED WATER AND

PROVISIONAL DOMESTIC WATER FOR THE TULE RIVER TRIBE

DEVELOPMENT PROJECT
Recommendation: That the City Council consider the draft Agreement, provide any additional Council direction, and authorize execution of the Agreement subject to approval by the City Manager and City Attorney.

City Manager Lollis introduced the item. Noting a conflict of interest, Vice Mayor Carrillo recused herself by disconnecting from the meeting during this item. Mr. Lollis then presented the staff report.

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COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Beltran, that the City Council approve the draft agreement for the provision of recycled water and provisional domestic water for the Tule River Tribe Development Project located within a 40-acre site near the Porterville Airport.

AYES: Beltran, Meister, Weyhrauch, Flores
NOES: None
ABSTAIN: Carrillo
ABSENT: None
Documentation: M.O. 11-041823
Disposition: Approved.

15. REVIEW OF CITY PARTICIPATION IN THE TULARE COUNTY REGIONAL

TRANSIT AGENCY
Recommendation: That the City Council consider the City's continued participation in the Tulare County Regional Transportation Agency and act to authorize as determined.

City Manager Lollis introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Meister, that the City Council authorize the submission of a notice of the city’s intention to withdraw from the Tulare County Regional Transportation Agency (TCRTA) as of June 30, 2023, or as a request to the TCRTA, effective December 31, 2023, if approved. The motion carried unanimously.

Documentation: M.O. 12-041823
Disposition: Approved.

The City Council briefly recessed at 9:09 p.m., and reconvened at 9:21 p.m.

16. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

EMERGENCY
Recommendation: That the City Council:

1. Receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration; and

2. Ratify the emergency expenditures of $6,417.70 for Water Rescue Equipment for the Fire Department, and $13,151 for the 30-day rental of two mobile shower and restroom units for the Armory temporary evacuation point and emergency shelter.

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City Manager Lollis introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Meister, that the City Council continue the Declaration of Local Emergency; ratify the emergency expenditures of $6,417.70 for water rescue equipment for the Fire Department, and $13,151 for a 30-day rental of two mobile shower and restroom units for the Porterville Armory temporary evacuation point and emergency shelter. The motion carried unanimously.

Documentation: M.O. 13-041823
Disposition: Approved.

6. INTENT TO SET A PUBLIC HEARING TO CONSIDER ANNUAL

ADJUSTMENT OF FEES BY APPLICATION OF THE ENGINEERING

NEWS-RECORD COST INDEX
Recommendation: That the City Council set a Public Hearing for June 13, 2023, pursuant to Government Code Section 66016, to consider the implementation of the City's Impact Fee ENR Cost Index auto escalator.

City Manager Lollis introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Vice Mayor Carrillo, that the City Council approve the setting of a Public Hearing for June 13, 2023, to consider the implementation of the City's Impact Fee ENR Cost Index auto escalator. The motion carried unanimously.

Documentation: M.O. 14-041823
Disposition: Approved.

AB 1234 REPORTS

1. Local Initiatives Navigation Center (LINC) Committee - April 5, 2023 Council Member Beltran reported on attendance, the approval of Minutes, the budget, and advised of an increase in services and resources due to the recent evacuation orders along the Tule River.

2. Eastern Tule Groundwater Sustainability Agency (ETGSA) - April 6, 2023 Council Member Weyhrauch reported on the ETGSA’s intent to hire a Financial Controller, the approval of Minutes, the ratification of bills to be paid, the approval of the Independent Auditors Report and Audited Financial Statements, and other various routine staff reports.

3. AB 1234 Training - April 7, 2023

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Mayor Flores reported on her attendance to the mandatory training that was provided by City Attorney Julia Lew. She advised that Vice Mayor Carrillo was also in attendance.

4. Tulare County Water Commission - April 10, 2023
Mayor Flores reported on the approval of Minutes, a presentation by Katie Havens, SB 552 updates, and drought and project funding updates.

5. Tulare County Regional Transit Authority (TCRTA) - April 12, 2023 (Rescheduled)

6. Police Officer Swearing in Ceremony - April 13, 2023 Mayor Flores congratulated newly sworn Officer Mitchell Gonzalez and thanked him for his service to the community.

Council Member Meister noted that it was a great honor to support the City’s Police Department and new officer.

7. Calvans Board - April 13, 2023 (Cancelled)

8. Friant Water Authority 2023 Annual Meeting - April 13, 2023 Council Member Weyhrauch spoke of attendance, and spoke of officials feeling like their hands were tied by bureaucratic log jams. He then shared information regarding State Water Control Board insights and power outages.

Mayor Flores encouraged other members of the Council to attend meetings such as this, because of the history and engagement that it provides.

9. Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) Board - April 17, 2023
Mayor Flores reported on an educational workshop that included a budget presentation, flood impacts to regional roads, a legislative report, a director’s report, and the approval of Minutes. Mayor Flores advised that the TCAG retreat was scheduled for May 25th from 9:00 A.M. to 3:00 P.M., and that it will be located in Three Rivers, CA.

ORAL COMMUNICATIONS
None

OTHER MATTERS
 Council Member Weyhrauch spoke of his recent experience in Las Vegas; recognized City staff for their efforts in keeping the city operational; and spoke of the Animal Control Commission report that was presented.
 Council Member Meister lauded his fellow Council Members for the work they do to help the City; and requested the Council’s support to place items to consider resolutions in opposition to Assembly Bill 1090 and Senate Bill 94.

Page 11 of 11 ends

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Council Member Weyhrauch, that the City Council add an item onto the Agenda of May 2, 2023, to consider resolutions in opposition of AB 1090, and SB 94. The motion carried unanimously.

Documentation: M.O. 15-041823
Disposition: Approved.
 Council Member Beltran thanked Airica de Oliveira for her presentation; spoke of the Rio Vista neighborhood and the residents’ concerns for potential flooding; stated the city needs to be careful that the Armory does not become a shelter; thanked Tule River Tribal Chair Peyron and Vice Chair Nieto for attending the meeting; and spoke of recent events that occurred in the city.
 Vice Mayor Carrillo spoke of the soft opening of the Eagle Mountain Casino.  Mayor Flores spoke of her attendance to the Porterville Unified School District’s Student Nutrition Food Show; a recent First Friday Coffee event; and Spring Festival. Mayor Flores also spoke of the transition of the evacuation center and commended the Soft Opening of the Eagle Mountain Casino.
 City Manager Lollis spoke of his attendance at an event called the Global Empowerment Mission.

CLOSED SESSION
None

ADJOURNMENT
The Council adjourned at 10:47 p.m. to the meeting of May 2, 2023, at 5:30 p.m.

Fernando Gabriel-Moraga, Deputy City Clerk
SEAL
Martha A. Flores, Mayor
Item No. 2.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Purchase of a Police All Terrain Vehicle
SOURCE: Police
COMMENT: Over the course of several years, the banks and riverbed of the Tule River have been a secluded location with little access to traditional vehicular traffic. As such, it has become a common place for auto thieves to utilize the seclusion of the banks and riverbed to strip and/or "dump" stolen vehicles. Due to the offroad terrain limitations of current Police Department patrol vehicles (Dodge Chargers), this area is not able to be adequately patrolled to proactively prevent this activity.

This challenging terrain presents unique dangers which require innovative solutions. As such, the Police Department is requesting authorization to utilize AB286/AB183 OMV Auto Theft Funds to purchase a Polaris Ranger. This Polaris package will provide the Department with the ability to access remote off-road settings for up to 6 passengers.

Based on the Tule River's terrain, in addition to its changed topography since the March storms event, having this vehicle will allow the Department to perform proactive patrols that in the past have been difficult or impossible without potential damage to traditional patrol vehicles or injury to Officers. The Polaris Ranger is rugged and can withstand the off-road terrain, allowing the Department to perform proactive patrols, while eliminating the concern about how to reach suspects or abandoned stolen vehicles.

There is no other vehicle in the Department fleet that would be able to navigate the banks and beds of the Tule River in this fashion. This vehicle would be the solution to those issues.

The Department has identified Polaris Government and Defense Sales, Inc. as a sole source provider of such a program for the desired vehicle, available under the State Master Vehicle Contract #122220-PSI. Included in the quote was the cost to upfit the vehicle with the necessary emergency equipment.

Funding is available from the AB286/AB183 Auto Theft Funds Account.

RECOMMENDATION: That the City Council authorize staff to purchase a Polaris Ranger Crew XP1000 in the amount of $44,971.49 plus the applicable sales tax, from Polaris Government and Defense Sales.

Item No. 2.

ATTACHMENTS: 1. Polaris Sales Inc. Quote
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
Name: Dominic Barteau
Email: [email protected]
Phone: 5597827405
Fax:

Cage:

Tax ID#:
3FP69
123399383
41-1921490
Duns#:

Customer#:

Porterville Police Department
350 North D Street
Porterville, CA 93257
Ship To:

Bill To: Porterville Police Department
350 North D Street
Porterville, CA 93257
Freight Delivery
Terms
Payment
Terms
Payment
Methods
FOB Destination-CONUS
US Continental (CONUS) Only 210 Days Net 30
Visa
Mastercard
Wire Check
Item # QTY Description Open Mkt MSRP Discount
Price
Extended
R23RSU99BJ 1 RANGER Crew XP 1000
NorthStar Premium - Azure
Crystal Metallic - CA
No $30,799.00 $28,876.10 $28,876.10
2889050 1 Full-Size Dash Winch Switch
Upgrade
No $74.99 $62.71 $62.71
2883279 1 Full-Size Storage Box No $349.99 $292.69 $292.69 2889241 1 Door Mounted Sideview
Mirrors
No $179.99 $150.52 $150.52
2883979 1 Action - XP 1000's / Pro XD
Deluxe Emergency Light Kit
No $8,980.00 $7,509.72 $7,509.72
2883982 1 Action - XP 1000's / Pro XD
Premium Emergency Light
Bar (requires 2883979 & inc'l
2883981)
No $6,670.00 $5,577.93 $5,577.93
Contact Information
Contract Name: Sourcewell
Contract #:

Expiration Date: 1/29/2025
122220-PSI
Quote Number: QUO-45966-F0M8K0
Revision #: 3
Date: 4/13/2023 2:18 PM
Quote Expires: 5/13/2023
Quote: Page 1 of 2
QUOTE
Polaris Sales Inc., Medina, MN 55340
[email protected]
Phone: 866-468-7783 Fax: 763-847-8288
www.polaris.com/gov
Freight Delivery
Terms
Payment
Terms
Payment
Methods
FOB Destination-CONUS
US Continental (CONUS) Only 210 Days Net 30
Visa
Mastercard
Wire Check
Item # QTY Description Open Mkt MSRP Discount
Price
Extended
5416347 4 Pro Armor HarvesterTire
(28x10-14) - each
No $229.99 $192.33 $769.32
Comments:
*Installation Pricing is Open Market
Vehicle model year and color are subject to change dependent upon delivery date.

SUBTOTAL $43,238.99
INSTALL* $232.50
FREIGHT $1,500.00
TAX $0.00
TOTAL $44,971.49
Acceptance and Payment Information
If you would like to submit payment via credit card, please call (866) 468-7783 to process payment during our hours of operation from 8:30 AM to 4:30 PM CST Monday through Friday. We accept Visa, Mastercard & American Express.

To accept the above quotation, please provide a purchase order via email ([email protected]) and include the following:
• Bill to Address
• Billing Phone Number
• Ship to Address
• Point of Contact for Delivery
• Point of Contact E-Mail
• Point of Contact Phone
• Quote Number
• Alternate Point of Contact (Required)
Quote: Page 2 of 2
QUOTE
Polaris Sales Inc., Medina, MN 55340
[email protected]
Phone: 866-468-7783 Fax: 763-847-8288
www.polaris.com/gov
Item No. 3.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Purchase of a Public Safety Facility Wellness Dog SOURCE: Police
COMMENT: The Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Program, established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), provides $50 million for city and county law enforcement agencies for the purpose of improving Officer wellness and expanding mental health resources. At its meeting March 7, 2023, the City Council authorized the acceptance of these grant funds in the amount of $46,337.46.

Staff has reviewed the approved purposes of utilizing this funding. In doing so, staff also conducted research into the purchase of a “Public Safety Facility Wellness Service Dog” to assist City staff and crime victims. Being on the front lines as a first responder is physically, mentally, and emotionally challenging.

Continuous exposure to traumatic events can lead to feeling overwhelmed and, as a result, can result in mental health challenges. The emotional support of a Facility Wellness Dog helps first responders in dealing with traumatic events that are faced every day.

A Facility Wellness Dog is trained to perform service dog commands and provides calming pressure across the person’s lap or body. Their trained skills can be utilized to enhance therapy, promote participation, reduce anxiety and stress for persons working in public safety. These dogs are bred to be calm, reliable and affectionate. The trained Facility Wellness Dog is a valuable resource and could greatly assist both the Porterville Police Department and Porterville Fire Department in day-to-day operations.

An additional function of the Facility Wellness Dog would be to provide interaction during investigations involving children or adults, to reduce anxiety and increase communication between the victim/witness and investigators. The Facility Wellness Dog would provide comfort for people during times of crisis, and provide aid and comfort to individuals, groups and communities impacted by violence, tragedy, or traumatic events. The Facility Wellness Dog is also a valuable tool in fostering dialog and communications between public safety and the city we serve. The Facility Wellness Dog can effectively be used by both the police department and the fire department in both departments' community outreach efforts.

Top Dog Training Center is the Department's current police service dog vendor and trainer, and the only police service dog kennel in Tulare County that Item No. 3.
provides a selection of police service dogs and associated training for the needs of the public safety departments. Top Dog Training Center supplies police service dogs to agencies throughout the state of California, including most agencies in Tulare County, and at a much lower expense than providers located outside of the area.

Department staff recently contacted the vendor to evaluate a Facility Wellness Service Dog and obtain pricing for the dog and associated training. The Department would like to enter into an agreement with Top Dog Training Center to acquire a Public Safety Facility Wellness Dog and the necessary training.

This vendor provides a full guarantee against any congenital health defects for two years after the date of purchase and additionally guarantees the dog for non-health service-related problems for one year.

The total cost for the Police Facility Wellness Dog and the related training is $15,750 plus applicable sales tax. Funds for this purchase are available in the Department's BSCC Officer Wellness and Mental Health Grant funds.

RECOMMENDATION: That the City Council:

1. Approve the purchase of a new Public Safety Facility Wellness Dog and related training from Top Dog Training Center for the amount of $15,750 (plus tax), and

2. Authorize the Chief of Police to enter into an agreement with Top Dog Training Center to acquire said service dog and training.

ATTACHMENTS: 1. BSCC Officer Wellness and Mental Health Grant Award

2. Top Dog Training Center Quote

3. City Council Agenda Staff Report - March 7, 2023
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
DATE: December 21, 2022
TO: Police Chiefs and Sheriffs
FROM: Linda Penner, Chair
SUBJECT: OFFICER WELLNESS AND MENTAL HEALTH GRANT AWARD I am pleased to let you know that the BSCC has begun processing the Officer Wellness and Mental Health grants, which were included in the Budget Act of 2022. All eligible law enforcement agencies will receive their payment by February 15, 2023. This memorandum provides further information about the purposes of the grant, and requests your assistance in identifying the person in your agency who will be responsible for required data reporting.

This disbursement is being made in accordance with Assembly Bill 178, Chapter 45, Statutes of 2022, Item 5227-121-0001. This funding is available to all city and county law enforcement agencies employing officers described in Section 830.1 of the Penal Code. The Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources as follows:

1. Establishing officer wellness units or expanding existing officer wellness units.

2. Establishing peer support units or expanding peer support units.

3. Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.

4. Expanding multiagency mutual aid programs focused on officer wellness and mental health.

5. Other programs or services that are evidence based or have a successful track record of enhancing officer wellness.

For further information about this funding and to identify the amount of funding allocated to your agency, please visit the Board of State and Community Corrections’ webpage for the Officer Wellness and Mental Health Grant available at https://www.bscc.ca.gov/officer-wellness-and-mental-health-grant-program/.

Provision 2 of the Budget Act requires each grant recipient to submit an expenditure report and a final impact report no later than December 1, 2025. Additionally, grant recipients will submit a brief annual expenditure report. Reports will be provided to the Commission on Peace Officer Standards and Training (POST). Detailed information regarding reporting requirements and reporting requirement webinars will be sent out in early 2023.

Officer Wellness & Mental Health Grant Recipients

Page 2 ends

Please send the name and email address of the individual(s) within your agency who will be responsible for the implementation and reporting requirements for this grant to [email protected] by February 28, 2023 so they may receive additional information regarding detailed reporting requirements, webinars, and deadlines.

If you have any questions regarding this funding distribution, please email [email protected] and a BSCC staff member will respond.

Sincerely,

LINDA PENNER
Chair
Board of State & Community Corrections
5922 W. Clinton Ave., Visalia, Ca 93291 – (559) 802-7297 5922 W. Clinton Avenue
Visalia, Ca 93291
(559) 802-7297
www.policeservicedog.com
April 5, 2023
Capt. Dominic Barteau
Porterville Police Department
350 N. D Street
Porterville, CA 93257
Dear Dominic,
The following proposal is for the purpose of acquiring and training a “facility” dog (Therapy dog) for the Porterville Police Department to assist with enhancing the lives of city staff and crime victims. This discipline requires the selection of a dog with extremely stable nerves and social skills. The success or failure of a “facility” dog program starts with a proper candidate. The breed is not as important as the qualities of the dog. Therefore, I would suggest acquiring a puppy from breeding lines that are used for this specific purpose.

I have spoken to several others experienced in this field (Guide Dogs for the Blind, Therapy Dogs for Autistic Children, etc.) and this is what I propose. I would purchase a puppy from specific lines and have specialized training conducted for the first six months. Training would include public access, basic obedience, crate training, car training, “place” training as well as “bed” and “holding” behaviors. At 6 months old the dog would be delivered to the selected handler and a one-week course would be done with the handler and dog.
5922 W. Clinton Ave., Visalia, Ca 93291 – (559) 802-7297 The handler and dog would then have two days of training each month (16 hours) until the dog reached one year of age. After one year of age the dog and handler would then continue the normal monthly maintenance training routine (8 hours per month) the same as your other dogs.

I realize the timeline may be longer than expected, but I feel that this is the best route to take. A litter from this breeding is due this week and will be available to start this process. An approximate delivery date to your department would be October 2023.

The cost for the dog itself would be $9,250 and the training for the first year (birth to one year of age) would be an additional $6,500 bringing the total cost to $15,750 plus applicable sales tax.

If you have further questions about this proposal or need additional information, please feel free to contact me any time.

Thank you for your inquiry,
Jay Brock
Owner / Director of Training
CITY COUNCIL AGENDA – MARCH 7, 2023
SUBJECT: Acceptance of Board of State Community and Corrections Officer Wellness and Mental Health Grant
SOURCE: Police
COMMENT: The Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Program, established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), provides $50 million for city and county law enforcement agencies for the purpose of improving Officer wellness and expanding mental health resources. The funding may be used for any of the following purposes:
• Establishing or expanding Officer wellness units
• Establishing or expanding peer support units
• Services provided by a licensed mental health professional, counselor or other professional that works with law enforcement
• Expanding multi-agency mutual aid programs focused on Officer wellness and mental health
• Other programs and services that are evidence-based or have a successful track record of enhancing Officer wellness
The allocation of funds was determined by the number of peace officers described in Penal Code section 830.1 at each respective agency. A check for the full funding allocation was sent to all eligible law enforcement agencies.

Funding allocated to the Porterville Police Department was $46,337.46.

The grant period is from July 1, 2022, to December 1, 2025. All grant funds must be expended within the grant period, and any remaining funds at the conclusion of the grant must be returned to the BSCC by December 31, 2025.

Those unspent funds will then be returned to the State’s General Fund.

As a condition of utilizing said funds, reporting requirements are that recipients will submit brief, annual expenditure reports due December 1, 2023 and December 1, 2024. Recipients will also submit a final impact and expenditure report describing how funding was used and the impact of the resources by December 1, 2025.

RECOMMENDATION: That the City Council:

1. Authorize City Staff to sign all necessary grant documents; and

2. Authorize a budget adjustment upon receipt and acceptance of the funds.

ATTACHMENTS: 1. BSCC Officer Wellness and Mental Health Grant Award

2. BSCC Officer Wellness and Mental Health Grant Program Funding Distribution Schedule
Appropriated/Funded:

Review By:

Department Director:

1. Establishing officer wellness units or expanding existing officer wellness units.

2. Establishing peer support units or expanding peer support units.

3. Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.

4. Expanding multiagency mutual aid programs focused on officer wellness and mental health.

5. Other programs or services that are evidence based or have a successful track record of enhancing officer wellness.

Officer Wellness & Mental Health Grant Recipients

Page 2 ends

If you have any questions regarding this funding distribution, please email [email protected] and a BSCC staff member will respond.

Sincerely,

LINDA PENNER
Chair
Board of State & Community Corrections

COUNTY AGENCY NAME AWARD AMOUNT
ALAMEDA COUNTY ALAMEDA CO SD/CORONER $ 709,103.49
ALAMEDA COUNTY ALAMEDA PD $ 47,741.62
ALAMEDA COUNTY ALBANY PD $ 20,000.00
ALAMEDA COUNTY BAY AREA RAPID TRANSIT PD $ 145,331.11
ALAMEDA COUNTY BERKELEY PD $ 106,014.48
ALAMEDA COUNTY EAST BAY REG PARK DPS $ 37,912.46
ALAMEDA COUNTY EMERYVILLE PD $ 28,000.00
ALAMEDA COUNTY FREMONT PD $ 117,949.89
ALAMEDA COUNTY HAYWARD PD $ 113,737.39
ALAMEDA COUNTY LIVERMORE PD $ 63,187.44
ALAMEDA COUNTY NEWARK PD $ 34,402.05
ALAMEDA COUNTY OAKLAND PD $ 483,032.87
ALAMEDA COUNTY PIEDMONT PD $ 15,000.00
ALAMEDA COUNTY PLEASANTON PD $ 54,762.45
ALAMEDA COUNTY SAN LEANDRO PD $ 49,847.87
ALAMEDA COUNTY UNION CITY PD $ 47,039.54
ALPINE COUNTY ALPINE CO SO $ 15,000.00
AMADOR COUNTY AMADOR CO SO/CORONER $ 32,997.89
AMADOR COUNTY IONE PD $ 15,000.00
AMADOR COUNTY JACKSON PD $ 15,000.00
AMADOR COUNTY SUTTER CREEK PD $ 15,000.00
BUTTE COUNTY BUTTE CO SO/CORONER $ 122,162.38
BUTTE COUNTY CHICO PD $ 65,293.69
BUTTE COUNTY GRIDLEY PD $ 15,000.00
BUTTE COUNTY OROVILLE PD $ 15,000.00
BUTTE COUNTY PARADISE PD $ 15,000.00
CALAVERAS COUNTY ANGELS CAMP PD $ 15,000.00
CALAVERAS COUNTY CALAVERAS CO SD $ 40,018.71
COLUSA COUNTY COLUSA COUNTY SD $ 25,000.00
COLUSA COUNTY COLUSA PD $ 15,000.00
COLUSA COUNTY WILLIAMS PD $ 15,000.00
CONTRA COSTA COUNTY ANTIOCH PD $ 77,229.09
CONTRA COSTA COUNTY BRENTWOOD PD $ 46,337.46
CONTRA COSTA COUNTY CLAYTON PD $ 15,000.00
CONTRA COSTA COUNTY CONCORD PD $ 93,376.99
CONTRA COSTA COUNTY CONTRA COSTA CO SO/CORONER $ 435,993.33 CONTRA COSTA COUNTY EL CERRITO PD $ 25,000.00
CONTRA COSTA COUNTY HERCULES PD $ 20,000.00
CONTRA COSTA COUNTY KENSINGTON PD $ 15,000.00
CONTRA COSTA COUNTY MARTINEZ PD $ 28,000.00
CONTRA COSTA COUNTY MORAGA PD $ 15,000.00
CONTRA COSTA COUNTY OAKLEY PD $ 28,000.00
CONTRA COSTA COUNTY PINOLE PD $ 20,000.00
CONTRA COSTA COUNTY PITTSBURG PD $ 62,485.36
CONTRA COSTA COUNTY PLEASANT HILL PD $ 30,891.64
CONTRA COSTA COUNTY RICHMOND PD $ 83,547.84
CONTRA COSTA COUNTY SAN PABLO PD $ 37,912.46
CONTRA COSTA COUNTY SAN RAMON PD $ 46,337.46
CONTRA COSTA COUNTY WALNUT CREEK PD $ 51,252.03
Officer Wellness and Mental Health Grant Program
Funding Distribution Schedule
December 12, 2022 1

COUNTY AGENCY NAME AWARD AMOUNT
DEL NORTE COUNTY CRESCENT CITY PD $ 15,000.00
DEL NORTE COUNTY DEL NORTE COUNTY SO $ 15,000.00
EL DORADO COUNTY EL DORADO CO SO $ 117,247.80
EL DORADO COUNTY PLACERVILLE PD $ 15,000.00
EL DORADO COUNTY SOUTH LAKE TAHOE PD $ 28,000.00
FRESNO COUNTY CLOVIS PD $ 73,718.68
FRESNO COUNTY COALINGA PD $ 15,000.00
FRESNO COUNTY FIREBAUGH PD $ 15,000.00
FRESNO COUNTY FOWLER PD $ 15,000.00
FRESNO COUNTY FRESNO CO SO $ 288,555.97
FRESNO COUNTY FRESNO PD $ 557,453.63
FRESNO COUNTY HURON PD $ 15,000.00
FRESNO COUNTY KERMAN PD $ 25,000.00
FRESNO COUNTY KINGSBURG PD $ 20,000.00
FRESNO COUNTY MENDOTA PD $ 15,000.00
FRESNO COUNTY ORANGE COVE PD $ 15,000.00
FRESNO COUNTY PARLIER PD $ 15,000.00
FRESNO COUNTY REEDLEY PD $ 25,000.00
FRESNO COUNTY SANGER PD $ 28,000.00
FRESNO COUNTY SELMA PD $ 28,000.00
GLENN COUNTY GLENN CO SO/CORONER $ 30,891.64
GLENN COUNTY ORLAND PD $ 15,000.00
HUMBOLDT COUNTY ARCATA PD $ 20,000.00
HUMBOLDT COUNTY EUREKA PD $ 28,000.00
HUMBOLDT COUNTY FERNDALE PD $ 15,000.00
HUMBOLDT COUNTY FORTUNA PD $ 15,000.00
HUMBOLDT COUNTY HUMBOLDT CO SO $ 128,481.13
HUMBOLDT COUNTY RIO DELL PD $ 15,000.00
IMPERIAL COUNTY BRAWLEY PD $ 20,000.00
IMPERIAL COUNTY CALEXICO PD $ 20,000.00
IMPERIAL COUNTY CALIPATRIA PD $ 15,000.00
IMPERIAL COUNTY EL CENTRO PD $ 28,083.31
IMPERIAL COUNTY IMPERIAL CO SO $ 63,187.44
IMPERIAL COUNTY IMPERIAL PD $ 15,000.00
IMPERIAL COUNTY WESTMORLAND PD $ 15,000.00
INYO COUNTY BISHOP PD $ 15,000.00
INYO COUNTY INYO COUNTY SO $ 28,000.00
KERN COUNTY ARVIN PD $ 15,000.00
KERN COUNTY BAKERSFIELD PD $ 305,405.96
KERN COUNTY BEAR VALLEY PD $ 15,000.00
KERN COUNTY CALIFORNIA CITY PD $ 15,000.00
KERN COUNTY DELANO PD $ 33,699.97
KERN COUNTY KERN COUNTY SO $ 501,989.10
KERN COUNTY MCFARLAND PD $ 15,000.00
KERN COUNTY RIDGECREST PD $ 25,000.00
KERN COUNTY SHAFTER PD $ 25,000.00
KERN COUNTY STALLION SPRINGS PD $ 15,000.00
KERN COUNTY TAFT PD $ 15,000.00
KERN COUNTY TEHACHAPI PD $ 15,000.00
KINGS COUNTY AVENAL PD $ 15,000.00
KINGS COUNTY CORCORAN PD $ 15,000.00
KINGS COUNTY HANFORD PD $ 42,827.04
December 12, 20222

COUNTY AGENCY NAME AWARD AMOUNT
KINGS COUNTY KINGS CO SHERIFF'S OFFICE $ 136,204.04
KINGS COUNTY LEMOORE PD $ 28,000.00
LAKE COUNTY CLEARLAKE PD $ 20,000.00
LAKE COUNTY LAKE CO SO $ 64,591.60
LAKE COUNTY LAKEPORT PD $ 15,000.00
LASSEN COUNTY LASSEN CO SO $ 38,614.55
LASSEN COUNTY SUSANVILLE PD $ 15,000.00
LOS ANGELES COUNTY ALHAMBRA PD $ 56,868.70
LOS ANGELES COUNTY ARCADIA PD $ 45,635.37
LOS ANGELES COUNTY AZUSA PD $ 36,508.30
LOS ANGELES COUNTY BALDWIN PARK PD $ 40,720.79
LOS ANGELES COUNTY BELL GARDENS PD $ 32,295.80
LOS ANGELES COUNTY BELL PD $ 25,000.00
LOS ANGELES COUNTY BEVERLY HILLS PD $ 94,781.16
LOS ANGELES COUNTY BURBANK PD $ 103,908.23
LOS ANGELES COUNTY CLAREMONT PD $ 28,000.00
LOS ANGELES COUNTY COVINA PD $ 40,720.79
LOS ANGELES COUNTY CULVER CITY PD $ 70,910.35
LOS ANGELES COUNTY DOWNEY PD $ 80,037.42
LOS ANGELES COUNTY EL MONTE PD $ 75,824.93
LOS ANGELES COUNTY EL SEGUNDO PD $ 37,912.46
LOS ANGELES COUNTY GARDENA PD $ 60,379.11
LOS ANGELES COUNTY GLENDALE PD $ 162,883.18
LOS ANGELES COUNTY GLENDORA PD $ 34,402.05
LOS ANGELES COUNTY HAWTHORNE PD $ 64,591.60
LOS ANGELES COUNTY HERMOSA BEACH PD $ 28,000.00
LOS ANGELES COUNTY HUNTINGTON PARK PD $ 37,210.38
LOS ANGELES COUNTY INGLEWOOD PD $ 120,056.14
LOS ANGELES COUNTY IRWINDALE PD $ 25,000.00
LOS ANGELES COUNTY LA VERNE PD $ 28,000.00
LOS ANGELES COUNTY LONG BEACH PD $ 520,243.25
LOS ANGELES COUNTY LOS ANGELES CO SD $ 6,548,325.00
LOS ANGELES COUNTY LOS ANGELES PD $ 6,499,179.21
LOS ANGELES COUNTY MANHATTAN BEACH PD $ 40,720.79
LOS ANGELES COUNTY MONROVIA PD $ 32,295.80
LOS ANGELES COUNTY MONTEBELLO PD $ 47,741.62
LOS ANGELES COUNTY MONTEREY PARK PD $ 49,847.87
LOS ANGELES COUNTY PALOS VERDES ESTATES PD $ 15,000.00
LOS ANGELES COUNTY PASADENA PD $ 152,351.94
LOS ANGELES COUNTY POMONA PD $ 105,312.40
LOS ANGELES COUNTY REDONDO BEACH PD $ 63,187.44
LOS ANGELES COUNTY SAN FERNANDO PD $ 25,000.00
LOS ANGELES COUNTY SAN GABRIEL PD $ 32,997.89
LOS ANGELES COUNTY SAN MARINO PD $ 25,000.00
LOS ANGELES COUNTY SANTA MONICA PD $ 141,118.62
LOS ANGELES COUNTY SIERRA MADRE PD $ 15,000.00
LOS ANGELES COUNTY SIGNAL HILL PD $ 28,000.00
LOS ANGELES COUNTY SOUTH GATE PD $ 51,954.12
LOS ANGELES COUNTY SOUTH PASADENA PD $ 28,000.00
LOS ANGELES COUNTY TORRANCE PD $ 141,820.70
LOS ANGELES COUNTY VERNON PD $ 30,189.55
LOS ANGELES COUNTY WEST COVINA PD $ 65,293.69
December 12, 2022 3

COUNTY AGENCY NAME AWARD AMOUNT
LOS ANGELES COUNTY WHITTIER PD $ 87,058.25
MADERA COUNTY CHOWCHILLA PD $ 20,000.00
MADERA COUNTY MADERA CO SO $ 75,122.84
MADERA COUNTY MADERA PD $ 40,720.79
MARIN COUNTY BELVEDERE PD $ 15,000.00
MARIN COUNTY CENTRAL MARIN POLICE AUTHORITY $ 28,000.00 MARIN COUNTY FAIRFAX PD $ 15,000.00
MARIN COUNTY MARIN CO SO $ 132,693.62
MARIN COUNTY MILL VALLEY PD $ 20,000.00
MARIN COUNTY NOVATO PD $ 39,316.63
MARIN COUNTY ROSS PD $ 15,000.00
MARIN COUNTY SAN RAFAEL PD $ 44,933.29
MARIN COUNTY SAUSALITO PD $ 15,000.00
MARIN COUNTY TIBURON PD $ 15,000.00
MARIPOSA COUNTY MARIPOSA CO SO $ 44,231.21
MENDOCINO COUNTY FORT BRAGG PD $ 15,000.00
MENDOCINO COUNTY MENDOCINO CO SO $ 75,824.93
MENDOCINO COUNTY UKIAH PD $ 20,000.00
MENDOCINO COUNTY WILLITS PD $ 15,000.00
MERCED COUNTY ATWATER PD $ 20,000.00
MERCED COUNTY DOS PALOS PD $ 15,000.00
MERCED COUNTY GUSTINE PD $ 15,000.00
MERCED COUNTY LIVINGSTON PD $ 15,000.00
MERCED COUNTY LOS BANOS PD $ 30,189.55
MERCED COUNTY MERCED CO SO $ 84,249.92
MERCED COUNTY MERCED PD $ 65,995.77
MODOC COUNTY ALTURAS PD $ 15,000.00
MODOC COUNTY MODOC CO SO $ 15,000.00
MONO COUNTY MAMMOTH LAKES PD $ 15,000.00
MONO COUNTY MONO CO SD $ 20,000.00
MONTEREY COUNTY CARMEL PD $ 15,000.00
MONTEREY COUNTY DEL REY OAKS PD $ 15,000.00
MONTEREY COUNTY GONZALES PD $ 15,000.00
MONTEREY COUNTY GREENFIELD PD $ 20,000.00
MONTEREY COUNTY KING CITY PD $ 15,000.00
MONTEREY COUNTY MARINA PD $ 25,000.00
MONTEREY COUNTY MONTEREY CO SHERIFF'S OFFICE $ 196,583.15 MONTEREY COUNTY MONTEREY PD $ 32,997.89
MONTEREY COUNTY PACIFIC GROVE PD $ 20,000.00
MONTEREY COUNTY SALINAS PD $ 96,887.41
MONTEREY COUNTY SAND CITY PD $ 15,000.00
MONTEREY COUNTY SEASIDE PD $ 25,000.00
MONTEREY COUNTY SOLEDAD PD $ 15,000.00
NAPA COUNTY CALISTOGA PD $ 15,000.00
NAPA COUNTY NAPA CO SO $ 72,314.51
NAPA COUNTY NAPA PD $ 44,933.29
NAPA COUNTY SAINT HELENA PD $ 15,000.00
NEVADA COUNTY GRASS VALLEY PD $ 25,000.00
NEVADA COUNTY NEVADA CITY PD $ 15,000.00
NEVADA COUNTY NEVADA CO SO $ 42,827.04
NEVADA COUNTY TRUCKEE PD $ 20,000.00
ORANGE COUNTY ANAHEIM PD $ 260,472.67
December 12, 2022 4

COUNTY AGENCY NAME AWARD AMOUNT
ORANGE COUNTY BREA PD $ 41,422.88
ORANGE COUNTY BUENA PARK PD $ 58,272.86
ORANGE COUNTY COSTA MESA PD $ 93,376.99
ORANGE COUNTY CYPRESS PD $ 37,210.38
ORANGE COUNTY FOUNTAIN VALLEY PD $ 42,827.04
ORANGE COUNTY FULLERTON PD $ 79,335.34
ORANGE COUNTY GARDEN GROVE PD $ 122,162.38
ORANGE COUNTY HUNTINGTON BEACH PD $ 148,841.52
ORANGE COUNTY IRVINE PD $ 160,776.93
ORANGE COUNTY LA HABRA PD $ 50,549.95
ORANGE COUNTY LA PALMA PD $ 20,000.00
ORANGE COUNTY LAGUNA BEACH PD $ 34,402.05
ORANGE COUNTY LOS ALAMITOS PD $ 15,000.00
ORANGE COUNTY NEWPORT BEACH PD $ 94,079.08
ORANGE COUNTY ORANGE CO SD/CORONER $ 1,285,513.36
ORANGE COUNTY ORANGE PD $ 102,504.07
ORANGE COUNTY PLACENTIA PD $ 32,295.80
ORANGE COUNTY SANTA ANA PD $ 246,431.01
ORANGE COUNTY SEAL BEACH PD $ 28,000.00
ORANGE COUNTY TUSTIN PD $ 65,293.69
ORANGE COUNTY WESTMINSTER PD $ 57,570.78
PLACER COUNTY AUBURN PD $ 15,000.00
PLACER COUNTY LINCOLN PD $ 25,000.00
PLACER COUNTY PLACER COUNTY SO $ 176,222.75
PLACER COUNTY ROCKLIN PD $ 41,422.88
PLACER COUNTY ROSEVILLE PD $ 89,866.58
PLUMAS COUNTY PLUMAS CO SO $ 25,000.00
RIVERSIDE COUNTY BANNING PD $ 28,000.00
RIVERSIDE COUNTY BEAUMONT PD $ 35,104.13
RIVERSIDE COUNTY BLYTHE PD $ 20,000.00
RIVERSIDE COUNTY CATHEDRAL CITY PD $ 34,402.05
RIVERSIDE COUNTY CORONA PD $ 104,610.32
RIVERSIDE COUNTY DESERT HOT SPRINGS PD $ 25,000.00
RIVERSIDE COUNTY HEMET PD $ 48,443.70
RIVERSIDE COUNTY INDIO PD $ 44,933.29
RIVERSIDE COUNTY MENIFEE PD $ 53,358.28
RIVERSIDE COUNTY MURRIETA PD $ 70,910.35
RIVERSIDE COUNTY PALM SPRINGS PD $ 68,804.10
RIVERSIDE COUNTY RIVERSIDE CO SD $ 1,951,087.72
RIVERSIDE COUNTY RIVERSIDE PD $ 245,026.85
SACRAMENTO COUNTY AMTRAK PD $ 25,000.00
SACRAMENTO COUNTY CITRUS HEIGHTS PD $ 54,762.45
SACRAMENTO COUNTY ELK GROVE PD $ 89,866.58
SACRAMENTO COUNTY FOLSOM PD $ 51,252.03
SACRAMENTO COUNTY GALT PD $ 28,000.00
SACRAMENTO COUNTY SACRAMENTO CO SD $ 902,176.22
SACRAMENTO COUNTY SACRAMENTO PD $ 480,926.62
SAN BENITO COUNTY HOLLISTER PD $ 28,000.00
SAN BENITO COUNTY SAN BENITO CO SO $ 37,912.46
SAN BERNARDINO COUNTY BARSTOW PD $ 28,000.00
SAN BERNARDINO COUNTY CHINO PD $ 77,931.18
SAN BERNARDINO COUNTY COLTON PD $ 37,210.38
December 12, 2022 5

COUNTY AGENCY NAME AWARD AMOUNT
SAN BERNARDINO COUNTY FONTANA PD $ 136,204.04
SAN BERNARDINO COUNTY MONTCLAIR PD $ 32,295.80
SAN BERNARDINO COUNTY ONTARIO PD $ 193,072.73
SAN BERNARDINO COUNTY REDLANDS PD $ 55,464.53
SAN BERNARDINO COUNTY RIALTO PD $ 78,633.26
SAN BERNARDINO COUNTY SAN BERNARDINO CO SD $ 1,347,296.63 SAN BERNARDINO COUNTY SAN BERNARDINO PD $ 172,010.25
SAN BERNARDINO COUNTY UPLAND PD $ 45,635.37
SAN DIEGO COUNTY CARLSBAD PD $ 84,952.00
SAN DIEGO COUNTY CHULA VISTA PD $ 163,585.26
SAN DIEGO COUNTY CORONADO PD $ 30,891.64
SAN DIEGO COUNTY EL CAJON PD $ 82,845.75
SAN DIEGO COUNTY ESCONDIDO PD $ 94,781.16
SAN DIEGO COUNTY LA MESA PD $ 42,124.96
SAN DIEGO COUNTY NATIONAL CITY PD $ 58,272.86
SAN DIEGO COUNTY OCEANSIDE PD $ 142,522.78
SAN DIEGO COUNTY SAN DIEGO CO SD $ 1,809,969.10
SAN DIEGO COUNTY SAN DIEGO PD $ 1,263,046.71
SAN FRANCISCO COUNTY SAN FRANCISCO CO SO $ 536,391.15
SAN FRANCISCO COUNTY SAN FRANCISCO PD $ 1,407,675.74
SAN JOAQUIN COUNTY ESCALON PD $ 15,000.00
SAN JOAQUIN COUNTY LODI PD $ 47,741.62
SAN JOAQUIN COUNTY MANTECA PD $ 51,252.03
SAN JOAQUIN COUNTY RIPON PD $ 20,000.00
SAN JOAQUIN COUNTY SAN JOAQUIN CO SO $ 223,262.29
SAN JOAQUIN COUNTY STOCKTON PD $ 275,918.49
SAN JOAQUIN COUNTY TRACY PD $ 73,718.68
SAN LUIS OBISPO COUNTY ARROYO GRANDE PD $ 20,000.00
SAN LUIS OBISPO COUNTY ATASCADERO PD $ 25,000.00
SAN LUIS OBISPO COUNTY GROVER BEACH PD $ 20,000.00
SAN LUIS OBISPO COUNTY MORRO BAY PD $ 15,000.00
SAN LUIS OBISPO COUNTY PASO ROBLES PD $ 28,000.00
SAN LUIS OBISPO COUNTY PISMO BEACH PD $ 20,000.00
SAN LUIS OBISPO COUNTY SAN LUIS OBISPO CO SO $ 216,943.54 SAN LUIS OBISPO COUNTY SAN LUIS OBISPO PD $ 42,124.96
SAN MATEO COUNTY ATHERTON PD $ 20,000.00
SAN MATEO COUNTY BELMONT PD $ 25,000.00
SAN MATEO COUNTY BRISBANE PD $ 15,000.00
SAN MATEO COUNTY BROADMOOR PD $ 15,000.00
SAN MATEO COUNTY BURLINGAME PD $ 28,000.00
SAN MATEO COUNTY COLMA PD $ 15,000.00
SAN MATEO COUNTY DALY CITY PD $ 63,889.52
SAN MATEO COUNTY EAST PALO ALTO PD $ 25,000.00
SAN MATEO COUNTY FOSTER CITY PD $ 28,000.00
SAN MATEO COUNTY HILLSBOROUGH PD $ 25,000.00
SAN MATEO COUNTY MENLO PARK PD $ 28,785.39
SAN MATEO COUNTY PACIFICA PD $ 25,000.00
SAN MATEO COUNTY REDWOOD CITY PD $ 56,166.61
SAN MATEO COUNTY SAN BRUNO PD $ 31,593.72
SAN MATEO COUNTY SAN MATEO CO SHERIFF'S OFFICE $ 202,199.81 SAN MATEO COUNTY SAN MATEO PD $ 75,122.84
SAN MATEO COUNTY SOUTH SAN FRANCISCO PD $ 53,358.28
December 12, 2022 6

COUNTY AGENCY NAME AWARD AMOUNT
SANTA BARBARA COUNTY GUADALUPE PD $ 15,000.00
SANTA BARBARA COUNTY LOMPOC PD $ 28,785.39
SANTA BARBARA COUNTY SANTA BARBARA CO SO $ 348,233.00
SANTA BARBARA COUNTY SANTA BARBARA PD $ 82,143.67
SANTA BARBARA COUNTY SANTA MARIA PD $ 83,547.84
SANTA CLARA COUNTY CAMPBELL PD $ 30,189.55
SANTA CLARA COUNTY GILROY PD $ 43,529.13
SANTA CLARA COUNTY LOS ALTOS PD $ 28,000.00
SANTA CLARA COUNTY LOS GATOS PD $ 28,000.00
SANTA CLARA COUNTY MILPITAS PD $ 60,379.11
SANTA CLARA COUNTY MORGAN HILL PD $ 28,000.00
SANTA CLARA COUNTY MOUNTAIN VIEW PD $ 57,570.78
SANTA CLARA COUNTY PALO ALTO PD $ 47,741.62
SANTA CLARA COUNTY SAN JOSE PD $ 758,951.36
SANTA CLARA COUNTY SANTA CLARA CO SO $ 841,095.03
SANTA CLARA COUNTY SANTA CLARA PD $ 98,291.57
SANTA CLARA COUNTY SUNNYVALE DPS $ 139,012.37
SANTA CRUZ COUNTY CAPITOLA PD $ 20,000.00
SANTA CRUZ COUNTY SANTA CRUZ CO SO $ 101,801.99
SANTA CRUZ COUNTY SANTA CRUZ PD $ 50,549.95
SANTA CRUZ COUNTY SCOTTS VALLEY PD $ 15,000.00
SANTA CRUZ COUNTY WATSONVILLE PD $ 47,039.54
SHASTA COUNTY ANDERSON PD $ 15,000.00
SHASTA COUNTY REDDING PD $ 72,314.51
SHASTA COUNTY SHASTA CO SO $ 82,845.75
SIERRA COUNTY SIERRA CO SHERIFF'S OFFICE $ 15,000.00
SISKIYOU COUNTY ETNA PD $ 15,000.00
SISKIYOU COUNTY LAKE SHASTINA DISTRICT PD $ 15,000.00
SISKIYOU COUNTY MOUNT SHASTA PD $ 15,000.00
SISKIYOU COUNTY SISKIYOU CO SD $ 45,635.37
SISKIYOU COUNTY TULELAKE PD $ 15,000.00
SISKIYOU COUNTY WEED PD $ 15,000.00
SISKIYOU COUNTY YREKA PD $ 15,000.00
SOLANO COUNTY BENICIA PD $ 28,000.00
SOLANO COUNTY DIXON PD $ 20,000.00
SOLANO COUNTY FAIRFIELD PD $ 82,143.67
SOLANO COUNTY SOLANO CO SO $ 120,056.14
SOLANO COUNTY SUISUN CITY PD $ 20,000.00
SOLANO COUNTY VACAVILLE PD $ 70,208.27
SOLANO COUNTY VALLEJO PD $ 61,783.27
SONOMA COUNTY CLOVERDALE PD $ 15,000.00
SONOMA COUNTY COTATI PD $ 15,000.00
SONOMA COUNTY HEALDSBURG PD $ 15,000.00
SONOMA COUNTY PETALUMA PD $ 46,337.46
SONOMA COUNTY ROHNERT PARK DPS $ 51,252.03
SONOMA COUNTY SANTA ROSA PD $ 117,247.80
SONOMA COUNTY SEBASTOPOL PD $ 15,000.00
SONOMA COUNTY SONOMA CO SHERIFF'S OFFICE $ 287,151.81
STANISLAUS COUNTY CERES DPS $ 32,997.89
STANISLAUS COUNTY MODESTO PD $ 127,779.04
STANISLAUS COUNTY NEWMAN PD $ 15,000.00
STANISLAUS COUNTY OAKDALE PD $ 20,000.00
December 12, 2022 7

COUNTY AGENCY NAME AWARD AMOUNT
STANISLAUS COUNTY STANISLAUS CO SD $ 369,997.56
STANISLAUS COUNTY TURLOCK PD $ 57,570.78
SUTTER COUNTY SUTTER CO SO $ 70,910.35
SUTTER COUNTY YUBA CITY PD $ 41,422.88
TEHEMA COUNTY CORNING PD $ 15,000.00
TEHEMA COUNTY RED BLUFF PD $ 20,000.00
TEHEMA COUNTY TEHAMA CO SO $ 47,039.54
TRINITY COUNTY TRINITY COUNTY SO $ 28,000.00
TULARE COUNTY DINUBA PD $ 28,000.00
TULARE COUNTY EXETER PD $ 15,000.00
TULARE COUNTY FARMERSVILLE PD $ 15,000.00
TULARE COUNTY LINDSAY DPS $ 15,000.00
TULARE COUNTY PORTERVILLE PD $ 46,337.46
TULARE COUNTY TULARE CO SO $ 358,062.16
TULARE COUNTY TULARE PD $ 46,337.46
TULARE COUNTY VISALIA PD $ 102,504.07
TULARE COUNTY WOODLAKE PD $ 15,000.00
TUOLUMNE COUNTY SONORA PD $ 15,000.00
TUOLUMNE COUNTY TUOLUMNE CO SO $ 65,293.69
VENTURA COUNTY OXNARD PD $ 152,351.94
VENTURA COUNTY PORT HUENEME PD $ 20,000.00
VENTURA COUNTY SANTA PAULA PD $ 25,000.00
VENTURA COUNTY SIMI VALLEY PD $ 77,229.09
VENTURA COUNTY VENTURA CO SO $ 503,393.27
VENTURA COUNTY VENTURA PD $ 95,483.24
YOLO COUNTY DAVIS PD $ 39,316.63
YOLO COUNTY WEST SACRAMENTO PD $ 47,741.62
YOLO COUNTY WINTERS PD $ 15,000.00
YOLO COUNTY WOODLAND PD $ 47,039.54
YOLO COUNTY YOLO CO SHERIFF'S OFFICE $ 54,060.37
YUBA COUNTY MARYSVILLE PD $ 15,000.00
YUBA COUNTY WHEATLAND PD $ 15,000.00
YUBA COUNTY YUBA CO SD $ 73,016.60
December 12, 2022 8
Item No. 4.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Authorization to Purchase Specialized Equipment - Electric Blower Bypass Valve
SOURCE: Public Works
COMMENT: The wastewater treatment facility is seeking authorization to purchase one Piller electric blower bypass valve to replace the damaged valve on blower #2. The bypass valve was installed in 2016. The blower runs continuously, and the valve failure is attributed to normal wear and tear. The bypass valve is a critical component of the blower system, which supplies oxygen to microorganisms which remove organics and suspended solids from the wastewater stream.

Kaeser Compressors is the sole source for all Pill blower parts and has provided a quote in the amount of $21,329.85. Staff is requesting authorization to purchase the replacement valve for a not-to-exceed amount of $26,074, including taxes, freight, and a ten percent (10%) contingency from Kaeser Compressors. Funding for the purchase of the bypass valve will be funded from the 2022/2023 Wastewater Operating Budget.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of a new electric blower bypass valve for a not-to-exceed amount of $26,074 which
includes taxes, shipping and a ten percent (10%)
contingency from Kaeser Compressors;

2. Direct the Finance Director to initiate a Purchase Order to Kaeser Compressors for a not-to-exceed amount of
$26,074 which includes taxes, freight and a ten percent (10%) contingency;

3. Direct the Finance Director to make payment to Kaeser Compressors upon receipt of an invoice approved by the
Public Works Director.

ATTACHMENTS: 1. Kaeser Compressors Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Item No. 4.

Final Approver: John Lollis, City Manager

QUOTATION

PRICE SUMMARY
Item Description Material QTY UM Unit price Total

USD USD
10 SET Bypassvalve 5E0344.0 1.000 PC 21,329.85 21,329.85 TOTAL PRICE 21,329.85
Pricing does not include applicable sales taxes.

Terms of payment:

Payable immediately
Payment terms are subject to credit approval.

Terms of delivery (Incoterms® 2010)
FCA Shipping point
If prepay and add shipping is requested the freight charges will be added to the invoice.

Quotation valid until
05/24/2023
Contractual basis
Terms and conditions:

Kaeser quotations are offered with Kaeser's standard Terms and Conditions of Sale and Use and Terms and Conditions of Service. All additional or different terms and conditions must be agreed to by written contract with Kaeser corporate office, Fredericksburg, Virginia. Any modifications made by the recipient to the information provided on this Quote will not be honored. Kaeser's Terms and Conditions are available at www.us.kaeser.com/terms and upon written request.

Quotation 86800028 - City of Porterville 2/2
Item No. 5.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Authorization to Negotiate Consultant Agreement - Parks Master Plan SOURCE: Engineering and Project Management
COMMENT: At its meeting on January 17, 2023, the City Council authorized the distribution of a Request for Qualifications (RFQ) for design services for the Parks Master Plan. On March 29, 2023, staff received a single Statement of Qualifications (SOQs) for the design of the City's updated Parks Master Plan. Staff reviewed and rated the SOQ from the firm in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering, and Similar Services" to ensure that the firm is qualified and that their submittal met the guidelines of the RFQ. The details of the consultant and score of their SOQ are as follows:
1) QK, Inc. 84.2 pts
Staff is pleased with the qualifications of the listed consultant and their interest in the project and recommends negotiating a contract with them. Staff will seek Council approval of a Service Agreement at a later meeting.

RECOMMENDATION: That the City Council authorize staff to negotiate a scope of services and contract with QK, Inc.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Acceptance of Final Subdivision Map - The Villas at Sierra Meadows, Phase 3 (Smee Homes, Inc.)
SOURCE: Engineering and Project Management
COMMENT: The subdivider, Smee Homes, Inc., has submitted the final map of the subject project for City Council approval. The subdivider is requesting approval prior to the acceptance of the required improvements.

The subdivider has submitted the required guarantee to the City to complete and/or accept all necessary public improvements on the project. A subdivision agreement between the subdivider and the City has been executed, and all fees have been paid.

The final map is in conformance with the approved tentative map and City Council Resolution No. 10-2020. The improvement plans, specifications, dedications, and the final map have been approved by the Engineering & Project Management Director and City Engineer and all other requirements have been met.

RECOMMENDATION: That the City Council:

1. Approve the final subdivision map of The Villas at Sierra Meadows, Phase 3;

2. Accept all offers of dedication shown on the final map or by separate deed document; and

3. Authorize the City Clerk to file said map with the County Recorder.

ATTACHMENTS: 1. Final Map: The Villas at Sierra Meadows, Phase 3

2. Resolution No. 10-2020
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

W GIBBONS AVE
HWY 65 HWY 190 THE VILLAS AT SIERRA MEADOWS PHASE 3 PREPARED BY: BORUM LAND SURVEYING 1445 W. GRAND AVE. STE C GROVER BEACH, CA 93433 (805) 270-4154 PREPARED FOR: THE O'SULLIVAN FAMILY REVOCABLE TRUST 1279 W. HENDERSON AVE. #340 PORTERVILLE, CALIFORNIA 93257 SOIL ENGINEER'S STATEMENT I HEREBY STATE THAT THE PRELIMINARY SOILS REPORT WAS SUBMITTED BY ME IN MARCH 2021 IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE 900 OF THE MUNICIPAL CODE OF THE CITY OF PORTERVILLE AND THAT SAID REPORT IS ON FILE IN THE CITY BUILDING INSPECTOR'S OFFICE. SOILS REPORT NO. DATE DATED THIS DAY OF , 20 . SALVADOR ALVAREZ, PE 83957 CITY CLERK'S STATEMENT I, JOHN D. LOLLIS, CITY CLERK OF THE CITY OF PORTERVILLE, STATE OF CALIFORNIA, HEREBY STATE TO THE COUNTY RECORDER, AND TO WHOMSOEVER IT MAY CONCERN, THAT ALL PROVISIONS OF DIVISION 2, TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CLAIFORNIA AND OF ANY LOCAL ORDINANCES PERTAINING TO DEPOSITS REQUIRED AT THE TIME OF APPROVAL OF THIS MAP BY THE CITY COUNCIL OF THE CITY OF PORTERVILLE HAVE BEEN COMPLIED WITH. DATED THIS DAY OF , 20 . CITY CLERK

S INDIANA ST

S MAIN ST POPLAR

S JAYE ST
DITCH CITY COUNCIL'S STATEMENT THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE HELD ON THE DAY OF , 20____, AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO APPROVING THIS MAP AND SUBDIVISIONS, AND ON BEHALF OF THE PUBLIC, ACCEPTING, SUBJECT TO IMPROVEMENTS, THE PUBLIC STREET AND ACCEPTING THE PUBLIC UTILITY EASEMENTS ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN AND/OR STATED UPON THIS MAP. WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF PORTERVILLE THIS ON THE DAY OF , 20 . CITY CLERK ZONING ADMINISTRATOR'S STATEMENT I HEREBY STATE THAT THIS MAP CONFORMS TO THE APPROVED TENTATIVE MAP DATED FEBRUARY 4, 2020. DATED THIS DAY OF , 20 . JASON RIDENOUR COMMUNITY DEVELOPMENT DIRECTOR SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME, OR UNDER MY DIRECTION, AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF THE O'SULLIVAN FAMILY REVOCABLE TRUST IN MARCH 2021. I HEREBY STATE THAT THIS TRACT MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. BRIAN S. BORUM, PLS 8006 DATE BOARD OF SUPERVISORS' STATEMENT I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER / CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TULARE, STATE OF CALIFORNIA , DO HEREBY STATE THAT SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2, TITLE 7 OF THE GOVERNMENT CODE OF STATE OF CALIFORNIA. DATED THIS DAY OF , 20 . JASON T. BRITT COUNTY ADMINISTRATIVE OFFICER / CLERK OF THE BOARD OF SUPERVISORS BY: DEPUTY CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, AND I AM SATISFIED THAT IT IS TECHNICALLY CORRECT, AND THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE APPROVED TENTATIVE MAP, AND THAT ALL THE PROVISIONS OF CHAPTER 2, DIVISION 2, TITLE 7 OF THE GOVERNMENT CODE AND ANY LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIED WITH. DATED THIS _______DAY OF ________,20___ BY:_____________________________________________ DEE JASPAR, RCE 23042 VICINITY MAP NOT TO SCALE SHEET 1 OF 2 OWNER'S STATEMENT WE HEREBY STATE WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO, THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP, AND THAT EXCEPT AS SHOWN ON THIS MAP AND STATEMENTS MADE A PART THEREOF, WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY AND WE HEREBY CONSENT TO THE MAKING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BOUNDARY LINES, AND HEREBY CONSENT TO THE RECORDATION OF SAID MAP. WE HEREBY DEDICATE FOR PUBLIC USE THE STREETS WITHIN THE BOUNDARY OF SAID MAP. WE HEREBY DEDICATE FOR PUBLIC USE EASEMENTS FOR PUBLIC UTILITIES UNDER, ON OR OVER THOSE CERTAIN STRIPS OF LAND LYING ADJACENT TO THE FRONT AND/OR SIDE LINES OF LOTS 1 THROUGH 39 DESIGNATED AS "PUBLIC UTILITIES EASEMENT" AS SHOWN ON SAID MAP, WITHIN SAID SUBDIVISION SUCH STRIPS OF LAND TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND. THE O'SULLIVAN FAMILY REVOCABLE TRUST BY: THOMAS J. O'SULLIVAN, TRUSTEE BY: DEBORAH L. O'SULLIVAN, TRUSTEE NOTARY ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF S.S. ON , BEFORE ME, , A NOTARY PUBLIC, PERSONALLY APPEARED, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEY AUTHORIZED CAPACITY AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S), ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FORGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. NOTARY PUBLIC PRINTED NAME: COUNTY OF: COMMISSION EXPIRES: COMMISSION NO: RECORDER'S STATEMENT DOCUMENT NO. FEE PAID: FILED THIS DAY OF , 20 , AT M. IN VOLUME OF MAPS, AT PAGE , TULARE COUNTY RECORDS, AT THE REQUEST OF BRIAN S. BORUM-LAND SURVEYOR ROLAND P. HILL TULARE COUNTY RECORDER BY: DEPUTY COUNTY RECORDER FLOOD HAZARD INFORMATIONAL NOTE THE FOLLOWING FLOOD ZONE INFORMATION IS BASED ON OUR INTERPRETATION OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP (MAP NO. 06107C1642E) FOR COMMUNITY NUMBER 060407, CITY OF PORTERVILLE, TULARE COUNTY, CALIFORNIA, DATED JUNE 16, 2009. THE SUBJECT SITE IS LOCATED WITHIN ZONE X (UNSHADED) WHICH IS OUTSIDE OF THE 0.2 PERCENT ANNUAL CHANCE OF FLOOD. PROJECT SITE L.S. 8006 BRIAN S. BORUM LICENSED LAND SURVEYOR STAT E OF CALIFORNIA N BEING A SUBDIVISION OF THE REMAINDER OF THE VILLAS AT SIERRA MEADOWS PHASE 2, AS RECORDED IN VOLUME 44 OF MAPS, AT PAGE 96, OF TULARE COUNTY RECORDS, BEING ALSO A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF PORTERVILLE, COUNTY OF TULARE, STATE OF CALIFORNIA CONSISTING OF 39 LOTS CONTAINING 7.15 ACRES GROSS AND 5.51 ACRES NET AUGUST 2022 www.borumlandsurveying.com CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, AND THAT THE FINAL LAND DIVISION AS SHOWN, IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE APPROVED TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL THE PROVISIONS OF THE LOCAL ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIED WITH. I FURTHER STATE THAT ALL REQUIRED OFFSITE AND ONSITE IMPROVEMENTS HAVE EITHER ALREADY BEEN INSTALLED, HAVE BEEN DEFERRED UNTIL FURTHER DEVELOPMENT, OR ADEQUATE BONDS OR OTHER SUITABLE SURETIES HAVE BEEN PROVIDED. DATED THIS ____ DAY OF ___________, 20___ BY: _____________________________________________________ DANIEL CERVANTEZ, RCE 75530

Item No. 7.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Consideration of Refuse Enclosure & Parking Stall Construction/Installation and Use Agreement Between City of Porterville and Sequoia Imaging Group LLC dba California Medical Imaging Center
SOURCE: Community Development
COMMENT: California Medical Imaging Center is in the final stages of completing tenant improvements on a new facility located at 99 W. Putnam Avenue. The City is also currently completing tenant improvements for a new Porterville Animal Shelter facility, which is adjacent to 99 W. Putnam Avenue at 185 North D Street. Project Review Committee met with California Medical Imaging representatives on September 29, 2021, to discuss the project that included a change in occupancy classification and tenant improvements for the operation of a medical imaging facility. In accordance with Senate Bill 1383 and Porterville Municipal Code chapter 13 section 25, California Medical Imaging is required to install a triple bin refuse enclosure to accommodate a bin for garbage, organic material, and recycling. The applicant is also required to provide parking in accordance with Chapter 304 of the Porterville Development Ordinance. The size of the California Medical Imaging Center property provides a challenge to meet the triple bin refuse enclosure and parking requirements. On February 17, 2023, California Medical Imaging Center requested approval to utilize a portion of the adjacent City-owned property, APN 252-193-008, to locate the required triple bin refuse enclosure and additional parking stalls. The proposed refuse bin enclosure would be constructed by California Medical Imaging and utilized by the medical imaging facility and the City's Animal Shelter facility, providing for efficient use of property and resources for both parties.

The Refuse Division continuously seeks to improve efficiency by locating refuse bin enclosures that provide direct drive-in access to refuse trucks as well as making provisions for commercial customers to share bin locations. The proposed location of the shared refuse enclosure would provide improved access over the previously designed refuse enclosure locations for the animal shelter facility and medical imaging facility and improve efficiency of combining the services. The requested utilization of sixteen (16) parking stalls along the northern end of APN 252-193-008 is not expected to impact the animal shelter facility. On March 21, 2023, the City Council provided direction to negotiate a joint use agreement on APN 252-193-008 with California Medical Imaging. California Medical Imaging has agreed to enter into the attached draft Refuse Enclosure and Parking Stall Construction/Installation and Use Agreement.

Item No. 7.

RECOMMENDATION: That the City Council

1. Approve the Refuse Enclosure and Parking Stall
Construction/Installation and Use Agreement Between the City of Porterville and Sequoia Imaging Group LLC dba California Medical Imaging; and

2. Authorize the Mayor to sign the agreement.

ATTACHMENTS: 1. Draft Refuse Enclosure and Parking Agreement

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
1 REFUSE ENCLOSURE & PARKING STALL CONSTRUCTION/INSTALLATION

AND USE AGREEMENT BETWEEN CITY OF PORTERVILLE AND SEQUOIA IMAGING GROUP LLC dba CALIFORNIA MEDICAL IMAGING CENTER Recognizing the value to the parties of the sharing of a refuse enclosure facility, the following Agreement has been developed by the City of Porterville (“CITY”) and Sequoia Imaging Group LLC, dba California Medical Imaging Center (“CMIC”). The Agreement establishes rights and obligations with regard to the CITY with regard to its animal shelter property and CMIC with regard to its adjacent medical imaging facility, both located at 185 N D Street and 99 W. Putnam Avenue, and consisting of APN#252-193-008/252-193-010 and APN #252-193-009.

1. TERM. The term of this Agreement shall be for as long as CMIC operates a medical facility/use at the site.

2. CONSTRUCTION/INSTALLATION. CMIC agrees to construct a 3-bin refuse enclosure on APN 252-193-008 (the City-owned parcel), as indicated per Exhibit “A.” The refuse enclosure shall be constructed per City Standards (Exhibit “B”) and shall include three-foot-wide landscape planters on the north and south end of the refuse enclosure. The City authorizes CMIC to utilize 16 parking stalls for CMIC’s use in its operations on APN 252-193-008. Parking stalls shall be compliant with the City of Porterville Development Ordinance and shall be in line with and running north of the 3-bin refuse enclosure and landscape planter as indicated per Exhibit “A”.

3. MAINTENANCE AND REPAIRS. The City of Porterville agrees to maintain and repair the enclosure and related landscape planters. Both parties shall ensure that the refuse bins and enclosure area are kept clean. CMIC will have sole responsibility of the maintenance and repairs of the 16 parking stalls and shall ensure that they are maintained free of potholes and/or erosion, or the like, and that the markings are kept clear and visible to the discerning eye.

4. REFUSE SERVICE TO THE ENCLOSURE. Both parties agree to share equally all costs to use and service the refuse bins within the enclosure.

5. COMPLIANCE WITH APPLICABLE LAW. Both parties shall promptly and completely observe, comply with, and conform to all present and future applicable Federal, State and Local laws, requirements, and standards in the construction, operation and use of the enclosure.

6. INSURANCE REQUIREMENTS. The parties, at their own respective expense, shall each procure and maintain required insurance, more fully defined below, for the as long as this Agreement remains in effect.
a. Commercial General Liability
a. The parties shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not 2 less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. CMIC’s general liability policies shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. b. Any failure to comply with reporting provisions of the policies by CMIC shall not affect coverage provided the City.
c. Coverage shall state that CMIC insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of the City. b. All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance - Prior to commencement of work, CMIC shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. CMIC must agree to provide complete, certified copies of all required insurance policies if requested by the City. iv. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of AVII or higher.

7. INDEMNIFICATION. To the fullest extent permitted by law, CMIC (and its officers, employees, contractors, agents or volunteers) shall indemnify, defend and hold harmless, the CITY, its officers, agents, employees, and volunteers (“City 3 Indemnitees”), from and against all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of or in any way connected with CMIC’s use of, operations, or activities on or at the enclosure with landscape planters and parking stalls, or CMIC’s performance of this Agreement, including CITY’s active or passive negligence EXCEPT for such loss or damage arising from the sole negligence or willful misconduct of the CITY.

To the fullest extent permitted by law, CITY (and its officers, employees, contractors, agents or volunteers) shall indemnify, defend and hold harmless, CMIC, its officers, agents, employees, and volunteers (“CMIC Indemnitees”), from and against all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of or in any way connected with CITY’s use of, operations, or activities on or at the enclosure, or CITY’s performance of this Agreement, including CMIC’s active or passive negligence EXCEPT for such loss or damage arising from the sole negligence or willful misconduct of CMIC.

18. In the event CMIC shall fail, neglect or refuse to abide by and perform the terms, conditions, covenants, and agreements hereof, the CITY may, at its option, terminate and cancel this Agreement and in the event of a termination of this Agreement, CMIC shall surrender its right to use the refuse enclosure within 30 days after receiving written notice.

19. CMIC may assign or transfer this Agreement or any of the rights or benefits hereunder to any person, firm or corporation, provided that it has first secured the written consent of the CITY, which shall not be unreasonably withheld.

21. Nothing herein shall be construed as making the CITY and the CMIC partners and/or the parties engaging in joint ventures.

22. If any litigation is commenced between the parties to the Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorneys’ fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.

23. Each party has participated fully in the review and revision of this agreement. Any rules of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
4 Dated: ___________________

SEQUOIA IMAGING GROUP LLC, CITY OF PORTERVILLE

DBA CALIFORNIA MEDICAL IMAGING
CENTER
_________________________________ ________________________________

CITY OF PORTERVILLE

ENGINEERING DIVISION
291 NORTH MAIN STREET
PORTERVILLE, CA. 93257
(559) 782-7462
N
O R T
H
10'

PARCEL A
182'
PUTNAM AVE. D STREET
100'

PARCEL B
28'
145'
33'
Exhibit "A"

SECTION A-A
A A

REFUSE CONTAINER ORGANIC/LANDSCAPE RECYCLE CONTAINER

CONTAINER
Exhibit "B"

GARDEN AVE

WILLOW AVE

CHERRY AVE

OAK AVE

MILL AVE

HARRISON AVE

CLEVELAND AVE
F ST

THURMAN AVE

PUTNAM AVE

DIVISION ST
E ST
D ST

HOCKETT ST

MAIN ST
Locator Map
PRC 2021-033
California Medical Imaging
@ SWC of Putnam & D St
Date Printed: 9/30/2021 by the Community Development Department 1 in = 300 feet
±
Project Location
Item No. 8.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Approval of Airport Lease Agreement - Lot No. 8 SOURCE: Finance
COMMENT: The City has received a request from REACH Air Medical Services, LLC, to lease Lot No. 8 at the Porterville Municipal Airport for a period of two years for the purpose of operating a community-based, rotary-wing air ambulance. The property will be utilized for aircraft parking and storage of maintenance supplies and tools for servicing the aircraft. They also intend to install a modular building on the lot that will serve as an office and base for air ambulance operations.

The lease site contains approximately 11,400 square feet and will rent for a rate of $4,354.80 per year with an annual adjustment subject to the change in the Consumer Price Index. The lease effective date is May 1, 2023, and will expire April 30, 2025.

RECOMMENDATION: That the City Council:

1. Approve the Lease Agreement for Lot No. 8 at the Porterville Municipal Airport between the City of Porterville and REACH Air Medical Services, LLC; and

2. Authorize the Mayor to sign the Lease Agreement on behalf of the City.

ATTACHMENTS: 1. Lease Agreement

2. Letter of Request dated February 7, 2023

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager

LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
THIS LEASE AGREEMENT (“Lease”), executed at Porterville, California the 2 nd
day of May, 2023,
by and between the CITY OF PORTERVILLE, a charter city and municipal corporation of the State of California, hereinafter referred to as “City” and REACH Air Medical Services, LLC, hereinafter referred to as “Lessee.”
WHEREAS, City owns and operates an airport in the City of Porterville, State of California, commonly known and described as “Porterville Municipal Airport”; and WHEREAS, Lessee desires to lease a portion of said airport to conduct a fixed base operation; and
WHEREAS, it is the desire of City to utilize said airport for the general public by its development and use in providing aeronautical-related facilities and service.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1. Premises: City, for and in consideration of the covenants, conditions, agreements, and stipulations herein set forth, does hereby demise and lease to Lessee, and Lessee hereby hires from City, those certain premises situated in the City of Porterville, State of California, described as Lot No. 8 at the Porterville Municipal Airport, more particularly described in Exhibit A being attached hereto and by this reference made a part hereof.

2. Term: The term of this Lease shall commence on May 1, 2023, both parties having executed the same, and shall terminate on April 30, 2025, provided Lessee is not in default with respect to any of the conditions or covenants of this lease. Notwithstanding the stated term of the Lease, the City may terminate this Lease at its pleasure and repossess the premises therein described upon three months' written notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee appraiser appointed by the lessee. The parties will follow Charter Section 68 concerning the determination of the value of the improvements.
1 3. Rental and Business Privilege Consideration: Lessee agrees to pay to City in lawful money of the United States without deductions or offset, to the Finance Director, City of Porterville, 291 N. Main Street, Porterville, California, 93257, or to such person or persons and at such place or places as may be designated from time to time by City, a rental rate of $0.382 per square foot per year.

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 11,400 square feet of land area, said rental rate will be $4,354.80 annually, payable in advance.

Beginning January 1, 2024, and each January 1 thereafter for the term of this Lease, the rate shall be adjusted by a percentage equal to the annual percentage increase or decrease in the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the San Francisco CPI and the Los Angeles CPI as published for October of the prior year. The CPI index will be “All Urban Consumers.”

4. Purpose: This lease is made for the purpose of conducting commercial activity reasonably associated with the aviation industry including but not limited to as an aircraft remote fueling site, crew quarters, aircraft maintenance and related office space, and as a base for air ambulance operations and all uses incidental thereto. Lessee may use the premises for the storage of aircraft, tools, vehicles and equipment. Lessee shall not use the premises or any part thereof or permit them to be used for any purpose or purposes other than stated above.

The City reserves the right to conduct on-site inspections for the purpose of compliance with Building Code, Fire Code, and Zoning Ordinance. Lessee shall not do or permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of City or any tenant of City on adjacent neighboring property.

Lessee further agrees that, within 72 hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured.

In the event Lessee has not (a) taken corrective action within 72 hours, or (b) filed an appeal with the City Council, City of Porterville, within 72 hours, then City may enter and abate said nuisance at the expense of Lessee without any liability whatsoever to City for monetary loss or anticipated profits of Lessee or others.

Said appeal to the City Council must be made in writing and be received by the City 2 Clerk, 291 N. Main Street, Porterville, California, 93257, within 72 hours after Lessee received notice of said nuisance.

5. Right of Ingress and Egress: Lessee shall have the right-of-way to property owned and controlled by City for ingress thereto and egress therefrom for pedestrian, vehicular, and air travel, together with the right to use in common with other Lessee or licensees of City the airplane landing field adjacent to the demised premises. None of these rights are exclusive, but shall be exercised in common with and subject to possible similar rights of other users of said airport. All of the foregoing is subject to such reasonable rules and regulations as the City or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.

6. Condition of Premises: Lessee has inspected the demised premises and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent and/or patent.

7. Alteration: Lessee shall make no structural modifications to existing structures or make permanent improvements or additions in or on the demised premises without the written consent of the City Airport Manager first being obtained, which consent shall not be unreasonably withheld, conditioned or denied.

8. Maintenance: Lessee agrees to keep the grounds of Lessee in a good state of maintenance and repair. During the term of this Lease, the City Airport Manager shall have the right to notify Lessee in writing wherein Lessee hasfailed to maintain said groundsin a good state of repair.

Lessee shall make such correctionsin the time and manner prescribed by said Airport Manager, or in the event Lessee disagrees, Lessee shall have the right to appeal within fifteen (15) days from date of notice from said Airport Manager to the City Council concerning the request for maintenance made to Lessee by said Airport Manager; it being understood and agreed that the decision of the City Council shall be final.

9. Utilities: Lessee agrees to pay during the term of the Lease, or any holding over, any and all utilities utilized by it to said demised premises. The term “utilities” as used herein shall 3 include, but is not limited to, telephone, electrical, water, sewer, gas, janitorial, heating, cooling, and trash and refuse disposal service.

10. Utility Extension or Modification: Lessee shall pay any and all expenses that may be incurred in obtaining the extension of public utility services to the demised premises from existing utility facilities or any modifications of same.

11. Taxes and Assessments: Lessee understands that the Lease of the premises creates a possessory interest subject to taxation by the County of Tulare. Lessee agrees to pay all taxes and /or assessments levied by any governmental agency upon any interest acquired by Lessee under the terms of this Lease.

12. Compliance with Law: Lessee shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements, and order whatever, present or future, of the national, state, county or city government which may in any way apply to the use, maintenance or occupation of, or operations on the premises.

13. Liens and Encumbrances: Lessee shall keep the premises and all structures and improvements situated thereon free from any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by Lessee, or from any other cause.

14. Negation of Partnership: City shall not become or be deemed a partner or joint venturer with Lessee or associate in any relationship with Lessee’s operations thereon. City reserves all rights in and with respect to the premises, not inconsistent with Lessee’s use of the premises as in this Lease provided, including (without limiting the generality of the foregoing) the right of City to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as City may deem desirable in connection with the development or use of any other property in the neighborhood of the premises. City shall compensate Lessee for any and all damage to Lessee’s improvement and personal property caused by the exercise of the rights reserved in this paragraph.

15. Indemnification: Lessee agrees to indemnify, defend (upon request by the City) and save harmless the City, its agents, officers, and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, action, or damages, including liability for injuries to person or 4 persons, or damage to property of third persons arising out of or in any way connected with (a) the conducting or operation of Lessee’s business on the demised premises during the term of the Lease or any holding over, or (b) the construction or the removal of any facilities or improvements on the demised premises during the term of this Lease or any holding over.

16. Liability Insurance: Lessee, in order to protect the City, its agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of Lessee’s (a) use and operations on the demised premises or in connection therewith, or (b) construction or removal of any improvements on the demised premises or in connection therewith, shall name the City as additional insured on Lessee’s aircraft insurance policy or policiesin the amount of not lessthan TWO MILLION DOLLARS ($2,000,000.00). Coverage shall include General Liability combined Bodily Injury and Property Damage, Single Limits and Aggregate, with a reliable insurance carrier authorized to do such public liability and property damage insurance business in the State of California. Said insurance shall not be subject to cancellation or coverage reduction without thirty (30) days prior written notice to City. Within (10) days from the date of this Lease, Lessee shall file with the City Clerk, City of Porterville, a duly certified Certificate of Insurance evidencing that the herein above mentioned public liability and property damage provisions have been complied with, and setting forth that City, its agents, officers, and employees are named as additional insured. In the event that Lessee shall fail to take out and keep in effect such policy or to furnish evidence thereof to City, City may, at City’s option, procure the same, pay the premium thereof and collect same with the next payment of rental due from Lessee or immediately terminate this Lease. The limits of insurance coverage set forth herein may be reviewed by City each January and may be adjusted at such reviews in order to protect the interests of the City.

17. Nondiscrimination: Lessee for itself, its heirs, personal representatives, successors in interest and assigns as part of the consideration hereof does hereby covenant and agree that (1) no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, ancestry, disability, gender, age, religion,sexual orientation or national origin shall be excluded 5 from participation in, denied the benefits of or otherwise be subjected to discrimination; (3) that Lessee shall use the premises in compliance with other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge a fair, reasonable and not unjustly discriminatory price for each unit or service; provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or similar type of price reductions to volume purchasers.

In the event of breach of any of the above nondiscriminatory covenants, City shall have the right to terminate this Lease and to re-enter and repossess the demised premises and the facilities thereon and hold the same as if the Lease had never been made or issued.

Lessee agrees that it shall insert the above nondiscrimination provisions in any sublease or other agreement by which Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein leased.

18. Improvement of Land Area: City reserves the right to further develop or improve the landing area of the airport as it sees fit regardless of the desires or views of Lessee and without interference or hindrance.

19. Maintenance of Landing Area: City reserves the right to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard; providing further, City shall keep and maintain in a safe and operable condition the taxiways, runways (including the lighting thereof) and roadways on the airport during such hours and to such extent as City may determine is reasonably required for the operation of the airport.

20. Lease Subordinate to Agreements with the United States Government:

This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the development, operation or maintenance of the airport.

21. Non-Exclusive Right: It is understood and agreed that nothing herein contained shall 6 be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. (49 U.S.C. 1349).

22. Rights of United States Government: This Lease and all the provisions hereofshall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation, or taking over of said airport.

23. Notices: All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, Registered or Certified, postage prepaid and addressed as follows:

To the Lessee: REACH Air Medical Services, LLC
8880 Cal Center Drive, Suite 125
Sacramento, CA 95826
Attn: Pacific Region President
With Mandatory Copy: REACH Air Medical Services, LLC
1001 Boardwalk Springs Place, Suite 250
O’Fallon, MO 63368
Attention: Law Department
To the City: Airport Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
The address to which the notices shall be or may be mailed, as aforesaid, to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service.

24. Authorized Agent of the City: The Airport Manager of the City of Porterville is the duly authorized agent of the City for purposes of this Lease; and as to any obligations assumed herein by Lessee, they shall be performed to the satisfaction of said Airport Manager.

25. Assignment and Subletting: This Lease shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors, and assigns of the respective parties hereto. Lessee shall not, and Lessee herewith agrees that it will not, sublet the premises, or any part thereof or assign, transfer, mortgage, or otherwise convey the premises or its rights and interest 7 hereunder without the prior written consent of the City. In the event the Lessee shall sublet, assign, transfer, mortgage, or otherwise convey the premises or it rights and interest hereunder, or any part thereof, or attempt to do so in violation to the foregoing provision, then in addition to any and all other rights and remedies available to it, the City may, at its option by written notice to Lessee, either declare such sublease, assignment, transfer, mortgage or other conveyance void or terminate this Lease and all rights and interest of Lessee and all other persons hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a transfer, mortgage, or conveyance. This clause shall not be construed to limit right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

26. Hypothecation: Lessee may, with the consent of the City, give, assign, transfer, mortgage, hypothecate, grant control of, or encumber Lessee’s interest under this Lease and the leasehold estate so created to a bona-fide lender on the security of the leasehold estate. Any such bona-fide lendershall have the right at any time during the term of the loan and while this Lease isin full force and effect:
(a) To do any act or thing required of Lessee in order to prevent a forfeiture of Lessee’s rights hereunder, and all such acts or things so done shall be as effective to prevent a forfeiture of Lessee’s rights hereunder by Lessee.
(b) To succeed to the interest of Lessee hereunder and thereafter atsuch lender’s option to convey, assign or sublease the interest or title to said leasehold estate to another person acceptable to City, subject to all the terms, conditions, and covenants of this Lease. Two (2) copies of any and all security devices or instruments shall be filed with City’s Airport Manager prior to the effective date thereof, and Lessee shall give Airport Manager prior written notice of any changes or amendments thereto.

Any bona-fide lender shall have the right, if so permitted by the terms and conditions of the concerned instrument of hypothecation between lender and Lessee, to remove any or all of Lessee’s improvements under said hypothecation from the demised premises, subject only to the restriction that in the event of such removal, the demised premises herein above described be restored by Lessee to a condition satisfactory to the City’s Airport Manager, and that said removal be done in a manner and at a time satisfactory with said Airport Manager. 8 27. Breach by Lessee: In the event of the breach by Lessee of any term, condition, or agreement herein contained, and the failure to cure such breach within thirty (30) days after written notice has been given to Lessee by City, this Lease and all privileges herein granted shall be terminated and be of no other force or effect, and Lessee shall immediately surrender possession of the premises hereby granted, and in the event City has to resort to legal action to enforce any provision hereof, or to obtain restitution hereunder, the Lessee shall pay all costs and expenses, including attorney’s fees of such action. Providing further, that in the event Lessee breaches this Lease and abandons the demised premises before the end of the term, or if Lessee’s right to possession is terminated by City because of a breach of this Lease, City shall have the right to recover from Lessee, as provided in State of California Civil Code Section 1951.2. Damages City may recovershall include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that the Lessee proves could be reasonably avoided. This clause shall not be construed to limit any right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

28. Waiver of Breach: The waiver by City of any breach by Lessee of any provision contained herein shall not be deemed to be a waiver of such provision, or a waiver of any breach of any other provision contained herein.

29. Bankruptcy: In the event the (a) Lessee shall file a voluntary petition in bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of Lessee shall be instituted by anyone other than the City under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for Lessee, or any alien or any writ of attachment, garnishment, execution, or distraint shall be levied upon any of Lessee’s rights or interest under this Lease; or (d) there shall be any other assignment of any of Lessee’s rights or interest under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, City may, at its option by written notice to Lessee, terminate this Lease and all rights and interest of Lessee and all other persons under this Lease. The term “Lessee,” as used in this paragraph, includes any individual, partnership, or corporation who is a Lessee hereunder, even though several individuals, partnerships, or corporations are such, and includes each partner of any partnership who is a Lessee hereunder. Any consent by City to any sublease, 9 assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a consent to any other different or subsequent sublease, assignment, transfer, mortgage, or conveyance.

30. Quiet Possession: Notwithstanding any other provision in this Lease, City covenants that Lessee, on paying the rent and performing the covenants herein contained, shall and may peaceably and quietly have and enjoy the demised premises for the term hereof.

31. Surrender of Premises: On the last day of said term, or extension thereof, or sooner termination of the Lease, Lessee will peaceably and quietly leave, surrender, and yield up to the City the demised premises in as good condition and repair as at the commencement of Lessee’s occupancy, reasonable use and wear thereof, and damage by earthquake, public calamity, by the elements, by acts of God, or by fire or other circumstances over which Lessee has no control, excepted.

32. Removal of Improvement at Termination: Upon the termination of this Lease, or any holding over, for any reason other than Lessee’s failure to perform its obligations under the terms and conditions of this Lease, Lessee shall have the right at Lessee’s sole cost and expense, to remove all improvements and/or furniture, furnishings, equipment, and fixtures of whatsoever kind or nature placed of the demised premises by Lessee or its contractors so long as they could be removed without damage or disfigurement to the demised premises. Full restoration of the demised premises as it existed prior to the construction of said improvements or the installation ofsaid furniture, furnishings, equipment, and fixturesshall be made by Lessee. If after the termination of this Lease Lessee has not removed said improvements, furniture, furnishings, equipment, and fixtures, the City shall have the option to claim the ownership thereof or to remove same and restore the demised premises asset forth above at the expense of Lessee. Said expense shall also include consideration for the additional time Lessee or its improvements occupy the premises beyond the termination date and disallow the City’s total utilization of the premises pursuant to its ownership of the property.

In the event of a termination by City of this Lease because of Lessee’s failure to faithfully perform the terms and conditions of this Lease, the City may accept cash or other satisfactory security for the amount of its costs, expense, loss and damage accruing from Lessee’s failure to perform and thereupon the Lessee shall have the right to remove the said improvements.

33. Incorporation of Prior Agreements and Amendments: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or 10 understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of modification.

34. Severability: The invalidity of any provision of this Lease as determined by aCourt of competent jurisdiction shall in no way affect the validity of any other provision hereof.

35. Construed Pursuant to California Law: The parties hereto agree that the provisions of this Lease will be construed pursuant to the laws of the State of California.

36. Venue: If either Lessee or City initiates an action to enforce the terms hereof or declare rights hereunder, including actions on any bonds and/or surety agreements, the parties agree that the venue thereof shall be the County of Tulare, State of California. Lessee hereby waives any rights he might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

37. Covenants and Conditions: Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.

38. Captions: The use of Paragraph headings in this Lease is solely for convenience, and they shall be wholly disregarded in the construction of this Lease.

39. Time of Essence: Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Lease.

IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first herein above written.
11 CITY OF PORTERVILLE REACH Air Medical Services, LLC
By: ____________________________ By: ________________________________ Martha A. Flores, Mayor Sean Russell, President – Pacific Region ATTEST:

By: ___________________________________
John D. Lollis, City Clerk
APPROVED AS TO FORM:

By: ___________________________________
Julia M. Lew, City Attorney
12 Item No. 9.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Intent to Set a Public Hearing to Transition to Phase III of the City's Water Conservation Plan
SOURCE: Public Works
COMMENT: The City's Water Conservation Plan is structured in an effort to provide conservation results, reducing the overall residential consumption and continuing to provide uninterrupted services to the community without compromising the operation of the City's water distribution system. The City has been operating through the winter months in Phase IV of the City's Water Conservation Plan. As part of the Phase IV implementation, the City reduced watering days through the winter months, to a one day per week watering schedule, based on address. If an address ends with an "odd" number, the watering day is Saturday; if an address ends with an "even" number, the watering day is Sunday. Watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday, Tuesday, Wednesday, Thursday, or Friday.

Conservation reduction guidelines presented in the past by State Governor Executive Orders and subsequent regulations adopted by the State Water Resources Control Board encourage conservation as a way of life. Taking into consideration the State Waterboards Self-Certification criteria for the City of Porterville, the City Council approved maintaining the current imposed conservation standard of twenty-six percent (26%) less than the production of the 2013 calendar year. The continuation of the current conservation goal keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, also meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the requirements of the Sustainable Groundwater Management Act (SGMA).

In response, the City has developed a Conservation Plan that has been effective while still allowing some flexibility throughout the community. The City's Conservation Plan is an Odd/Even watering schedule composed of Five Phases; Phase I is a Voluntary 3-Day Watering week Schedule; Phase II is a Mandatory 3-Day Watering week Schedule; Phase III is a Mandatory 2-Day Watering week Schedule; Phase IV is Mandatory 1-Day Watering week Schedule, and Phase V is a No Outdoor Watering schedule.

Through the implementation of mandatory conservation, the City has been able to maintain a cumulative conservation total reduction of 24.5% Gallons Per Item No. 9.

Capita Per Day (June 2015 through April 2023). In order to maintain conservation reductions, while providing flexibility to local residents, it is staff's recommendation to evaluate seasonal changes in temperature and the need to transition from Phase IV to Phase III of the City's Water Conservation Plan. Staff recommends Council consider setting a Public Hearing for May 16, 2023, to determine the transition to Phase III of the City's Water Conservation Plan (Phase III is a Mandatory odd/even 2-day watering week schedule). Odd addresses would be allowed to water on Tuesday & Saturday and even addresses on Wednesday & Sunday. The City's Water Conservation Plan applies to all water users within the City's service area.

RECOMMENDATION: That the City Council direct the City Clerk to notice a Public Hearing to discuss the transition from Phase IV to Phase III of the City's Water Conservation Plan at its meeting on May 17, 2023.

ATTACHMENTS: 1. Drought Response Phase III Flyer

2. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
The City of Porterville has adopted Phase III of its Drought Response Plan.

As part of the Phase III plan, the City has restricted watering days to two days per week, based on address.

Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system

WATERING PROHIBITED

BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM

NO WATERING ON

MONDAYS, THURSDAYS,
AND FRIDAYS.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering days are Tuesday
and Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering days are
Wednesday and Sunday only.

OR
The City of Porterville has adopted Phase IV of its Drought Response Plan.

As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.

WATERING PROHIBITED

BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM

NO WATERING

MONDAY THROUGH
FRIDAY.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.

OR
Item No. 10.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Financial Status Reports
SOURCE: Finance
COMMENT: The City Charter requires financial status reports to be provided to City Council on a monthly basis. Council Minute Order No. 10-011607 approved the recommended change in submittal of the interim financial status reports and established requirements and parameters in the presentation of the reports.

In accordance with Council Minute Order No. 10-011607, the financial status reports for the quarter ending March 31, 2023, are submitted.

RECOMMENDATION: That the City Council accept the Financial Status Reports as presented.

ATTACHMENTS: 1. Quarterly Financial Status Reports as of March 31, 2023 Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
2022-2023 2022-2023 2021-2022 2021-2022
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE PROPERTY TAXES $ 8,373,700 $ 4,755,200 56.79% $ 8,083,000 $ 4,413,916 54.61% OTHER TAXES:

SALES AND USE TAX 8,361,626 5,004,618 59.85% 6,771,812 4,835,428 71.41% UTILITY USERS TAX 4,600,000 4,050,156 88.05% 4,000,000 3,315,493 82.89% TRANSIENT OCCUPANCY TAX 840,000 422,107 50.25% 575,000 431,961 75.12% PROPERTY TRANSFER TAX 120,000 65,101 54.25% 105,000 122,079 116.27% FRANCHISE TAX 1,661,134 852,965 51.35% 1,651,134 859,818 52.07% SALES TAX - PUBLIC SAFETY 300,000 296,789 98.93% 260,000 304,822 117.24% LICENSES AND PERMITS:

BUSINESS AND OTHER LICENSES 511,300 556,031 108.75% 437,100 489,907 112.08% CONSTRUCTION PERMITS 750,000 474,617 63.28% 620,000 649,803 104.81% REVENUE FROM AGENCIES-TAXES:

VEHICLE LICENSE FEES 68,000 64,219 - 43,000 68,820 -
OTHER TAXES 22,000 10,523 - 24,000 10,858 -
REVENUE FROM AGENCIES-GRANTS 167,538 3,915,423 2337.04% 191,507 57,733 30.15% USE OF MONEY AND PROPERTY 304,000 417,203 137.24% 397,414 276,751 69.64% FINES AND FORFEITURES 32,500 19,311 59.42% 22,200 26,792 120.68% CHARGES FOR SERVICES:

PLANNING AND ENGINEERING 123,000 119,916 97.49% 123,500 108,047 87.49% POLICE 351,500 173,000 49.22% 363,000 133,223 36.70%
FIRE 40,500 33,537 82.81% 26,500 147,820 557.81%
LIBRARY 10,000 9,121 91.21% 10,000 101 1.01%
RECREATIONAL 3,098,755 1,379,892 44.53% 1,931,000 1,205,040 62.40% INTERDEPARTMENTAL 2,600,000 1,983,915 76.30% 2,400,000 1,916,898 79.87% OTHER 48,636 59,790 122.93% 21,590 61,297 283.91%
OTHER REVENUES 71,000 188,817 265.94% 59,000 95,489 161.85% SUBTOTALS $ 32,455,189 $ 24,852,250 76.57% $ 28,215,757 $ 19,532,094 69.22% OPERATING TRANSFERS 1,282,345 856,670 66.80% 1,254,945 856,011 68.21% DEBT SERVICE TRANSFERS 269,264 150,730 55.98% 244,828 217,891 89.00% TOTALS $ 34,006,798 $ 25,859,651 76.04% $ 29,715,530 $ 20,605,996 69.34%

CITY OF PORTERVILLE

REVENUE STATUS REPORT - GENERAL FUND

FOR THE PERIODS ENDED
MARCH 31, 2023 AND MARCH 31, 2022
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000

PROPERTY TAXES SALES & USE TAX UTILITY USERS TAX LICENSES AND

PERMITS OTHER TAXES OTHER REVENUES OPERATINGTRANSFERS CHARGES FORSERVICES City of Porterville
General Fund Revenues
Periods Ended March 31, 2023 and March 31, 2022
22-23 21-22 PROPERTY TAXES 18%

SALES & USE TAX
20%

UTILITY USERS TAX
16%
LICENSES AND PERMITS 4%
OTHER TAXES 5%
OTHER REVENUES 18%
OPERATING TRANSFERS 4%
CHARGES FOR SERVICES 15%
City of Porterville
General Fund Revenues
Period Ended March 31, 2023
2022-2023 2022-2023 2021-2022 2021-2022
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND APPROP
LEGISLATIVE:

CITY COUNCIL $ 223,958 $ 188,019 84.0% $ 459,917 $ 103,946 22.6% COMMUNITY PROMOTION 330,952 153,265 46.3% 269,920 183,554 68.0% EMERGENCY - LIBRARY 336,105 136,015 40.5% 580,000 158,185 27.3% EMERGENCY - STORMS - 442,497 - -
ADMINISTRATIVE & LEGAL:

CITY MANAGER 398,209 339,293 85.2% 338,118 239,451 70.8% CITY CLERK 243,704 257,125 105.5% 230,830 153,077 66.3% HUMAN RESOURCES 435,747 409,962 94.1% 308,868 242,359 78.5% CITY ATTORNEY 225,000 71,857 31.9% 225,000 81,097 36.0% FINANCE:

FINANCE & ACCOUNTING 1,194,568 791,303 66.2% 957,538 671,006 70.1% INFORMATION SERVICES 683,476 401,176 58.7% 523,625 376,367 71.9% ADMINISTRATIVE SERVICES 323,154 244,929 75.8% 337,510 191,245 56.7% POLICE PROTECTION 10,958,716 7,468,370 68.2% 11,023,315 7,114,156 64.5% FIRE PROTECTION 4,751,581 3,415,650 71.9% 4,078,865 3,414,428 83.7% COMMUNITY DEVELOPMENT:

PLANNING & ZONING 742,784 513,818 69.2% 685,514 472,317 68.9% ECONOMIC DEVELOPMENT 493,042 344,862 69.9% 397,139 240,885 60.7% PUBLIC WORKS:

ENGINEERING & BUILDING 1,687,371 1,314,425 77.9% 1,553,852 1,140,692 73.4% STREET MAINTENANCE 546,410 463,453 84.8% 517,194 436,767 84.4% SIGNALS, SIGNING & STRIPING 301,459 275,327 91.3% 319,000 201,770 63.3% STREET LIGHTING 539,518 346,709 64.3% 537,552 352,387 65.6% STORM DRAINS 92,585 56,015 60.5% 175,343 101,861 58.1%
PARKING LOTS 68,209 56,345 82.6% 64,552 48,289 74.8%
PARKS & LEISURE:

PARK MAINTENANCE & OPERATION 2,662,004 1,977,886 74.3% 2,472,875 1,879,600 76.0% STREET TREES & PARKWAYS 234,169 170,391 72.8% 251,710 166,631 66.2% COMMUNITY CENTERS 96,217 122 0.1% 100,000 (3,183) -3.2% LEISURE SERVICES 392,434 317,355 80.9% 349,023 267,558 76.7% LEISURE SERVICES - SPECIAL PROG 2,953,842 1,820,698 61.6% 2,933,915 1,579,408 53.8% SWIMMING POOL 173,950 136,743 78.6% 173,950 112,509 64.7% LIBRARY OPERATIONS 825,889 468,516 56.7% 811,451 419,022 51.6% SPECIAL PROJECTS 36,506 27,039 74.1% 36,507 12,445 34.1% SUB TOTALS 31,951,559 22,609,163 70.8% 30,713,083 20,357,830 66.3% OPERATING TRANSFERS 79,000 51,750 65.5% 79,000 51,750 65.5% DEBT SERVICE 1,598,169 802,033 50.2% 1,634,345 758,131 46.4% $ 33,628,728 $ 23,462,946 69.8% $ 32,426,428 $ 21,167,711 65.3%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - GENERAL FUND

FOR THE PERIODS ENDED
MARCH 31, 2023 AND MARCH 31, 2022
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000

LEGISLATIVE ADMINISTRATIVE & LEGAL FINANCE FIRE PARKS & LEISURE POLICE COMMUNITY DEVELOPMENT PUBLIC WORKS OPERATING

TRANSFERS DEBT SERVICE
City of Porterville
General Fund Expenditures
Periods Ended March 31, 2023 and March 31, 2022
22-23 21-22
LEGISLATIVE 2%
ADMINISTRATIVE & LEGAL 5%
FINANCE 7%
FIRE 15%
PARKS & LEISURE 22%
POLICE 34%
COMMUNITY DEVELOPMENT 4%
PUBLIC WORKS 11%
OPERATING TRANSFERS 0%
City of Porterville
General Fund Expenditures
Period Ended March 31, 2023

CITY OF PORTERVILLE

REVENUE STATUS REPORT - ALL OTHER FUNDS

FOR THE PERIODS ENDED
MARCH 31, 2023 AND MARCH 31, 2022
2022-2023 2022-2023 2021-2022 2021-2022
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE MEASURE H SALES TAX $ 5,460,597 $ 3,317,730 60.8% $ 4,434,052 $ 3,111,355 70.2% MEASURE I SALES TAX 10,741,776 6,731,328 62.7% 8,923,104 6,270,948 70.3% AMERICAN RESCUE PLAN ACT 11,113,000 2,989,463 26.9% - 2,821,385 - SPECIAL GAS TAX 4,757,438 2,710,988 57.0% 4,218,347 2,438,955 57.8% LOCAL TRANSPORTATION FUNDS (LTF) 32,849,952 1,256,819 3.8% 17,022,488 1,118,338 6.6% TRAFFIC SAFETY FUND 100,200 (559) - 100,200 66,857 66.7% ZALUD ESTATE 5,650 5,966 105.6% 5,850 4,298 73.5%
COMMUNITY DEVELOPMENT BLOCK GRANT 1,851,488 319,133 17.2% 2,022,126 400,161 19.8% SPECIAL SAFETY GRANTS 781,539 399,299 51.1% 299,784 158,926 53.0% SEWER OPERATING 7,378,925 5,659,585 76.7% 7,141,345 5,470,790 76.6% REFUSE REMOVAL 6,636,466 5,165,049 77.8% 6,150,866 4,875,135 79.3% AIRPORT OPERATIONS 2,081,500 1,200,495 57.7% 1,533,553 1,621,620 105.7% GOLF COURSE 220,900 164,606 74.5% 193,800 172,919 89.2% WATER OPERATING 13,246,005 10,317,647 77.9% 12,985,280 10,029,222 77.2% RISK MANAGEMENT 7,533,016 5,883,017 78.1% 7,445,716 5,619,348 75.5% EQUIPMENT MAINTENANCE 3,854,200 3,304,994 85.8% 3,701,260 2,783,783 75.2% LANDSCAPE MAINTENANCE DISTRICT 132,682 76,518 57.7% 154,753 86,971 56.2% WATER REPLACEMENT 4,540,000 845,627 18.6% 14,466,321 720,684 5.0% SOLID WASTE RESERVE 953,070 713,774 74.9% 923,442 669,003 72.4% SEWER REVOLVING 447,898 453,878 101.3% 540,221 347,797 64.4% TRANSPORTATION DEVELOPMENT 295,000 180,014 61.0% 215,000 279,591 130.0% PARK DEVELOPMENT 1,805,100 41,114 2.3% 100,050 108,897 108.8% TREATMENT PLANT RESERVE 992,240 908,119 91.5% 960,371 775,325 80.7% STORM DRAIN DEVELOPMENT 320,000 212,723 66.5% 220,000 307,447 139.7% BUILDING CONSTRUCTION 1,000 2,214 221.4% 1,000 1,286 128.6%

TOTALS $ 118,099,642 $ 52,859,542 44.8% $ 93,758,929 $ 50,261,041 53.6% $-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE IMPROVEMENT GENERAL City of Porterville
Revenue by Fund Type
Periods Ended March 31, 2023 and March 31, 2022
22-23 21-22
INTERNAL SERVICE 12%
SPECIAL REVENUE 15%
ENTERPRISE 29% IMPROVEMENT 4%
GENERAL 40%
City of Porterville
Revenue by Fund Type
Period Ended March 31, 2023
2022-2023 2022-2023 2021-2022 2021-2022
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND ACTUAL
MEASURE H SALES TAX $ 4,457,666 $ 3,491,063 78.3% $ 4,241,135 $ 3,078,275 72.6% MEASURE I SALES TAX 5,921,250 4,187,724 70.7% 4,890,884 4,160,409 85.1% AMERICAN RESCUE PLAN ACT 2,594,570 2,800,413 107.9% - 2,758,180 - ZALUD ESTATE 31,855 27,574 86.6% 18,855 26,152 138.7%
COMMUNITY DEVELOPMENT BLOCK GRANT 190,459 174,867 91.8% 546,985 115,045 21.0% SPECIAL SAFETY GRANTS 893,718 455,288 50.9% 397,563 188,307 47.4% SEWER OPERATING 6,820,260 4,585,529 67.2% 6,529,757 4,518,182 69.2% REFUSE REMOVAL 6,999,034 5,281,704 75.5% 6,846,900 4,757,743 69.5% AIRPORT 1,767,875 1,038,723 58.8% 1,407,844 1,222,579 86.8% GOLF COURSE 500,496 397,083 79.3% 460,151 376,141 81.7% WATER OPERATING 9,454,882 7,522,558 79.6% 8,104,376 6,126,267 75.6% RISK MANAGEMENT 9,340,626 6,588,750 70.5% 7,988,321 7,188,044 90.0% EQUIPMENT MAINTENANCE 3,802,800 3,377,513 88.8% 3,632,540 2,730,439 75.2% LANDSCAPE MAINTENANCE DISTRICT 222,738 130,351 58.5% 192,995 131,352 68.1% TOTALS $ 52,998,229 $ 40,059,141 75.6% $ 45,258,306 $ 37,377,114 82.6%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - ALL OTHER FUNDS

FOR THE PERIODS ENDED
MARCH 31, 2023 AND MARCH 31, 2022
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE GENERAL
City of Porterville
Expenditures by Fund Type
Periods Ended March 31, 2023 and March 31, 2022
22-23 21-22
INTERNAL SERVICE 16%
SPECIAL REVENUE 11%
ENTERPRISE 30%
GENERAL 43%
City of Porterville
Expenditures by Fund Type
Period Ended March 31, 2023
FY 2022-23 FY 2021-22

REVENUES
Sales Tax - Measure H $ 3,267,844 3,089,743
Interest 45,204 17,425
Police Services 2,282 1,186
Contributions 2,400 3,000
TOTAL REVENUES 3,317,730 3,111,355

EXPENDITURES
Police Department 1,438,076 1,308,057
Fire Department 1,593,791 1,370,378
Public Safety Station 147,280 124,730
Library & Literacy 311,916 275,110
TOTAL EXPENDITURES 3,491,063 3,078,275

CAPITAL PROJECTS
Animal Shelter 41,705 11,745
TOTAL CAPITAL PROJECTS 41,705 11,745
REVENUE OVER/(UNDER) EXPENDITURES $ (215,038) $ 21,335

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE H
For the Periods Ended March 31, 2023 and March 31, 2022 FY 2022-23 FY 2021-22

REVENUES
Sales Tax - Measure I $ 6,524,122 $ 6,184,381
Interest 207,000 84,982
Police Services 206 1,586
TOTAL REVENUES 6,731,328 6,270,948

EXPENDITURES
Police Department 2,527,602 2,709,989
Fire Department 1,549,158 1,365,417
Streets Program 71,330 85,002
Litter Abatement Program 39,634 -
TOTAL EXPENDITURES 4,187,724 4,160,409

CAPITAL PROJECTS
AC Pavement Repair/Overlay 248,913 253,388
Fire Dept Classroom/Training 20,434 -
Fire Station Remodel/Additions 188,893 -
Grand Ave Connection between 4th and Henrahan (1,250) 9,893 Medians Restoration Project 1,574 727
Montgomery Ave Reconstruction - Jaye to H 1,721 2,264
Pavement Management Program 4,018 26,735
PD Evidence Storage Facilities 35,260 63,483
Union - Indiana to Jaye - 15,852
Villa St Reconstruction - Olive to Henderson 17,365 20,030 TOTAL CAPITAL PROJECTS 516,929 392,373
REVENUE OVER/(UNDER) EXPENDITURES $ 2,026,675 $ 1,718,167

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE I
For the Periods Ended March 31, 2023 and March 31, 2022 3/31/2023 3/31/2022

NET OPERATING NET OPERATING

FUND REVENUES EXPENSES PROFIT (LOSS) PROFIT (LOSS)
Zalud Estate 5,966 $ (27,574) $ (21,608) $ (21,854) $
Sewer Operating 5,659,585 $ (4,585,529) $ 1,074,056 $ 952,608 $ Solid Waste 5,165,049 $ (5,281,704) $ (116,655) $ 117,393 $ Airport 1,200,495 $ (1,038,723) $ 161,771 $ 399,041 $
Golf 164,606 $ (397,083) $ (232,477) $ (203,222) $
Water Operating 10,317,647 $ (7,522,558) $ 2,795,089 $ 3,902,955 $

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - ENTERPRISE FUNDS
For the Periods Ended March 31, 2023 and March 31, 2022 Item No. 11.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Quarterly Investment Portfolio
SOURCE: Finance
COMMENT: This report reflects the investment portfolio of the City as of March 31, 2023, and is in compliance with California Government Code Section 27000, etc., Section 53600, etc., and the City of Porterville's Statement of Investment Policy. Investments are selected based on the statutory objectives of safety, liquidity and yield.

Items identified in the summary include portfolio composition, weighted average rate of earnings, weighted average days to maturity, and the percentage of liquid holdings.

RECOMMENDATION: That the City Council accept the quarterly Investment Portfolio Summary Report.

ATTACHMENTS: 1. Investment Portfolio Summary - March 31, 2023 Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager

CITY OF PORTERVILLE
PORTFOLIO SUMMARY AS OF MARCH 31, 2023

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1006 LOCAL AGENCY INVESTMENT FUND $ 11,371,772 $ 11,371,772 2.740% DAILY DAILY 1 1104 CSJVRMA INVESTMENT FUND 7,321,630 7,137,994 1.720% DAILY DAILY 30 866 TULARE COUNTY INVESTMENT POOL 9,783,965 9,783,965 2.560% DAILY DAILY 30 CA-01-0026 CALIFORNIA CLASS 13,114,704 13,114,704 4.765% DAILY DAILY 1 CORNERSTONE MAIN PARTNERS, L.P. 2,778,511 2,778,511 2.400% 12/12/2018 11/30/2038 5,723 3133ENF39 FEDERAL FARM CREDIT BANKS 1,000,000 993,760 3.125% 8/18/2022 8/8/2023 130 3130ASJT7 FEDERAL HOME LOAN BANKS 1,000,000 987,650 3.230% 6/29/2022 12/29/2023 273 3130AUGP3 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 997,660 5.000% 1/26/2023 7/26/2024 483 3134GXF74 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 985,350 3.625% 7/26/2022 7/26/2024 483 3134GXP81 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 985,870 3.820% 8/30/2022 8/28/2024 516 3134GXX66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 990,650 3.750% 9/23/2022 9/23/2024 542 3130ATFL6 FEDERAL HOME LOAN BANKS 1,000,000 993,610 4.600% 9/30/2022 9/30/2024 549 3130AQRM7 FEDERAL HOME LOAN BANKS 1,000,000 948,580 1.550% 2/25/2022 2/25/2025 697 3134GYL42 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 1,001,050 5.550% 3/1/2023 2/28/2025 700 3130ARQ95 FEDERAL HOME LOAN BANKS 1,000,000 972,640 3.030% 4/29/2022 4/28/2025 759 3130AS2Q1 FEDERAL HOME LOAN BANKS 1,000,000 977,920 3.150% 5/23/2022 5/23/2025 784 3134GXUC6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 975,380 3.400% 5/27/2022 5/23/2025 784 3134GXF66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 982,470 4.000% 8/1/2022 8/1/2025 854 3130ASU98 FEDERAL HOME LOAN BANKS, STEP-UP 1,000,000 985,290 3.500% 8/25/2022 8/25/2025 878 3135GACV1 FEDERAL NATIONAL MORTGAGE ASSOC 1,000,000 985,360 4.000% 8/30/2022 8/28/2025 881 3130ATFG35 FEDERAL HOME LOAN BANKS 1,000,000 994,810 5.000% 10/17/2022 10/17/2025 931 3133ENR77 FEDERAL FARM CREDIT BANKS 1,000,000 993,900 4.920% 10/12/2022 1/12/2026 1,018 3130AQJJ3 FEDERAL HOME LOAN BANKS 1,000,000 931,770 1.125% 1/26/2022 1/26/2026 1,032 3130AKXB7 FEDERAL HOME LOAN BANKS 2,000,000 1,810,880 0.580% 3/18/2021 2/11/2026 1,048 3130ALGJ7 FEDERAL HOME LOAN BANKS 975,000 884,920 1.000% 3/23/2021 3/23/2026 1,088 3133EMUK6 FEDERAL FARM CREDIT BANKS 1,000,000 904,480 1.050% 3/25/2021 3/25/2026 1,090 3130ALS62 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 918,350 0.750% 3/30/2021 3/30/2026 1,095 3130AM3R1 FEDERAL HOME LOAN BANKS 1,000,000 908,600 1.000% 4/29/2021 4/29/2026 1,125 3134GXXF6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 970,290 3.500% 6/28/2022 6/26/2026 1,183 3130ASD71 FEDERAL HOME LOAN BANKS 1,000,000 970,940 3.200% 6/29/2022 6/29/2026 1,186 3130ANM64 FEDERAL HOME LOAN BANKS 1,000,000 902,970 1.000% 8/26/2021 8/26/2026 1,244 3130ANUN8 FEDERAL HOME LOAN BANKS 2,000,000 1,804,320 1.040% 9/21/2021 9/21/2026 1,270 3130ANUX6 FEDERAL HOME LOAN BANKS 1,000,000 903,620 1.100% 9/28/2021 9/28/2026 1,277 3133ENN89 FEDERAL FARM CREDIT BANKS 1,000,000 991,130 4.870% 11/8/2022 9/28/2026 1,277 3133ENN89 FEDERAL FARM CREDIT BANKS 1,000,000 990,700 4.870% 9/28/2022 9/28/2026 1,277 3130APCH6 FEDERAL HOME LOAN BANKS 1,000,000 904,350 1.125% 9/29/2021 9/29/2026 1,278 3130APDK8 FEDERAL HOME LOAN BANKS 1,000,000 903,550 1.100% 9/30/2021 9/30/2026 1,279 3130APCX1 FEDERAL HOME LOAN BANKS 1,000,000 906,660 1.250% 10/26/2021 10/26/2026 1,305 3130APDQ5 FEDERAL HOME LOAN BANKS 1,000,000 906,560 1.250% 10/28/2021 10/28/2026 1,307 3130APG82 FEDERAL HOME LOAN BANKS 1,000,000 911,610 0.800% 11/2/2021 10/28/2026 1,307 3130APTJ4 FEDERAL HOME LOAN BANKS 1,000,000 902,720 1.250% 11/24/2021 11/24/2026 1,334 3130APU37 FEDERAL HOME LOAN BANKS 1,000,000 904,330 1.300% 11/24/2021 11/24/2026 1,334 3130AQ7F4 FEDERAL HOME LOAN BANKS 1,500,000 1,370,010 1.600% 12/30/2021 12/30/2026 1,370 3130AQ5Q2 FEDERAL HOME LOAN BANKS 2,000,000 1,813,000 1.500% 12/30/2021 12/30/2026 1,370 3134GYD74 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 995,520 5.000% 1/26/2023 1/26/2027 1,397 3133ENNG1 FEDERAL FARM CREDIT BANKS 2,000,000 1,834,860 1.860% 2/8/2022 2/8/2027 1,410 3130AQRH8 FEDERAL HOME LOAN BANKS 1,000,000 921,180 2.000% 2/25/2022 2/25/2027 1,427 3130ARA76 FEDERAL HOME LOAN BANKS 2,000,000 1,866,420 2.250% 3/30/2022 3/30/2027 1,460 3130ARU74 FEDERAL HOME LOAN BANKS 1,000,000 964,950 3.375% 5/17/2022 5/17/2027 1,508 3130ARUX7 FEDERAL HOME LOAN BANKS 1,000,000 971,780 3.750% 5/19/2022 5/19/2027 1,510 3133EN3Y4 FEDERAL FARM CREDIT BANKS 1,000,000 996,460 5.330% 12/14/2022 6/14/2027 1,536 3130ASD63 FEDERAL HOME LOAN BANKS 1,000,000 964,010 3.250% 6/28/2022 6/28/2027 1,550 3130ASFQ7 FEDERAL HOME LOAN BANKS 1,000,000 975,540 4.000% 6/29/2022 6/29/2027 1,551 3130ASPE3 FEDERAL HOME LOAN BANKS 1,000,000 980,630 4.300% 7/28/2022 7/28/2027 1,580 3133ENL32 FEDERAL FARM CREDIT BANKS 1,000,000 979,150 4.230% 9/8/2022 9/8/2027 1,622 3134GX3K8 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 990,150 5.250% 10/20/2022 10/20/2027 1,664 3134GY5W8 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 997,190 5.250% 12/16/2022 12/16/2027 1,721 3130AV6T4 FEDERAL HOME LOAN BANKS 1,000,000 1,005,840 5.750% 3/27/2023 3/27/2028 1,823 06406RAG2 BANK NEW YORK MELLON CORP MTN 1,000,000 998,780 3.500% 10/16/2018 4/28/2023 28 90331HNV1 US BANK ASSN MTN 995,000 993,580 3.400% 11/15/2018 7/24/2023 115 06747PML0 BARCLAYS BANK 1,000,000 983,530 3.000% 3/17/2020 10/17/2023 200

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
48133DN55 JP MORGAN CHASE FINL CO 2,000,000 1,954,840 4.050% 7/29/2022 7/29/2024 486 13605WWW7 CANADIAN IMPERIAL BANK 1,000,000 945,000 2.500% 4/28/2020 4/10/2025 741 89236TKC8 TOYOTA MOTOR CRD CORP 1,000,000 987,640 3.950% 9/8/2022 6/30/2025 822 17298CK64 CITIGROUP INC 1,000,000 904,410 1.000% 8/28/2020 8/28/2025 881 06748XQR5 BARCLAYS BANK 1,000,000 960,805 4.500% 9/12/2022 3/12/2026 1,077 89114TK84 TORONTO DOMINION BANK 2,000,000 1,769,250 1.050% 6/16/2021 3/16/2026 1,081 06368EWM0 BANK OF MONTREAL 2,000,000 1,782,780 1.220% 3/17/2021 3/17/2026 1,082 06048WV56 BANK OF AMERICA 1,000,000 936,590 4.000% 5/5/2022 5/5/2026 1,131 17290A3E8 CITIGROUP INC 1,000,000 885,880 1.250% 7/1/2021 7/1/2026 1,188 38150AHV0 GOLDMAN SACHS GROUP INC 1,000,000 849,930 1.400% 9/30/2021 9/30/2026 1,279 06048WZ29 BANK OF AMERICA CORP 1,000,000 1,000,000 6.000% 10/20/2022 10/20/2027 1,664 78014RKF6 ROYAL BANK OF CANADA 1,000,000 1,006,596 5.450% 1/18/2023 1/18/2028 1,754 61766YMT5 MORGAN STANLEY FIN 1,000,000 1,005,840 5.150% 1/20/2023 1/20/2028 1,756 17312QJ26 CERTIFICATE OF DEPOSIT 246,000 245,845 2.900% 4/11/2018 4/11/2023 11 25665QAX3 CERTIFICATE OF DEPOSIT 246,000 245,818 2.900% 4/13/2018 4/13/2023 13 91435LAG2 CERTIFICATE OF DEPOSIT 249,000 248,420 3.050% 5/14/2018 5/15/2023 45 080515CQ0 CERTIFICATE OF DEPOSIT 246,000 245,395 3.050% 5/16/2018 5/16/2023 46 319141KL0 CERTIFICATE OF DEPOSIT 245,000 244,155 3.150% 6/6/2018 6/6/2023 67 90348JCW8 CERTIFICATE OF DEPOSIT 249,000 248,126 3.250% 6/13/2018 6/13/2023 74 74934YAH4 CERTIFICATE OF DEPOSIT 245,000 243,995 3.150% 6/20/2018 6/20/2023 81 74160NGF1 CERTIFICATE OF DEPOSIT 249,000 247,979 3.200% 6/22/2018 6/22/2023 83 45581EAX9 CERTIFICATE OF DEPOSIT 249,000 247,932 3.300% 6/30/2018 6/30/2023 91 89841MAD9 CERTIFICATE OF DEPOSIT 245,000 243,491 2.850% 7/19/2022 7/19/2023 110 31911QFK6 CERTIFICATE OF DEPOSIT 249,000 247,374 3.200% 8/10/2018 8/10/2023 132 499724AD4 CERTIFICATE OF DEPOSIT 249,000 247,177 3.250% 8/30/2018 8/30/2023 152 64017AAH7 CERTIFICATE OF DEPOSIT 245,000 243,020 3.300% 9/19/2018 9/19/2023 172 92891CBK7 CERTIFICATE OF DEPOSIT 249,000 246,729 3.350% 10/16/2018 10/16/2023 199 474067AQ8 CERTIFICATE OF DEPOSIT 249,000 246,707 3.350% 10/19/2018 10/19/2023 202 59452WAE8 CERTIFICATE OF DEPOSIT 249,000 246,565 3.450% 11/9/2018 11/9/2023 223 61760ASL4 CERTIFICATE OF DEPOSIT 245,000 242,582 3.550% 11/26/2018 11/24/2023 238 635573AL2 CERTIFICATE OF DEPOSIT 245,000 241,974 3.400% 12/26/2018 12/21/2023 265 05465DAK4 CERTIFICATE OF DEPOSIT 249,000 240,706 1.650% 3/26/2020 3/26/2024 361 14042RSH5 CERTIFICATE OF DEPOSIT 245,000 239,779 3.300% 6/29/2022 7/1/2024 458 15118RRHS CERTIFICATE OF DEPOSIT 249,000 238,151 1.850% 8/30/2019 8/30/2024 518 938828BM1 CERTIFICATE OF DEPOSIT 249,000 238,662 2.000% 8/30/2019 8/30/2024 518 98970LC43 CERTIFICATE OF DEPOSIT 243,000 244,288 5.400% 3/31/2023 9/27/2024 546 23204HLJ5 CERTIFICATE OF DEPOSIT 250,000 248,052 4.500% 10/26/2022 10/28/2024 577 12547cak4 CERTIFICATE OF DEPOSIT 250,000 248,345 4.600% 2/24/2023 2/24/2025 696 654062LB2 CERTIFICATE OF DEPOSIT 250,000 245,965 4.100% 9/28/2022 3/28/2025 728 02589AC34 CERTIFICATE OF DEPOSIT 250,000 238,607 2.550% 4/17/2022 4/7/2025 738 02589AC34 CERTIFICATE OF DEPOSIT 250,000 239,697 3.050% 7/25/2022 7/25/2025 847 06740KQZ3 CERTIFICATE OF DEPOSIT 250,000 241,100 3.300% 7/27/2022 7/28/2025 850 20825WAZ3 CERTIFICATE OF DEPOSIT 249,000 240,472 3.400% 8/15/2022 8/15/2025 868 795451CD3 CERTIFICATE OF DEPOSIT 240,000 231,480 3.350% 8/24/2022 8/25/2025 878 06168LAB4 CERTIFICATE OF DEPOSIT 244,000 239,547 4.150% 10/12/2022 10/14/2025 928 693963AB6 CERTIFICATE OF DEPOSIT 249,000 244,712 4.200% 10/14/2022 10/14/2025 928 178180GQ2 CERTIFICATE OF DEPOSIT 244,000 243,578 4.850% 11/9/2022 11/10/2025 955 05580AM92 CERTIFICATE OF DEPOSIT 248,000 233,001 2.750% 4/22/2022 4/22/2026 1,118 02007GWJ8 CERTIFICATE OF DEPOSIT 246,000 232,940 3.150% 7/21/2022 7/21/2026 1,208 87165FE42 CERTIFICATE OF DEPOSIT 249,000 217,902 1.100% 11/12/2021 11/12/2026 1,322 07181JAU8 CERTIFICATE OF DEPOSIT 249,000 249,737 5.000% 11/22/2022 11/23/2026 1,333 14042TEH6 CERTIFICATE OF DEPOSIT 249,000 218,550 1.250% 12/8/2021 12/8/2026 1,348 89235MMH1 CERTIFICATE OF DEPOSIT 249,000 218,530 1.250% 12/9/2021 12/9/2026 1,349 25844MAN8 CERTIFICATE OF DEPOSIT 247,000 242,626 4.400% 1/18/2023 1/19/2027 1,390 052392CH8 CERTIFICATE OF DEPOSIT 248,000 248,320 4.950% 12/16/2022 12/16/2026 1,356 856285F63 CERTIFICATE OF DEPOSIT 246,000 219,469 1.800% 1/31/2022 2/1/2027 1,403 70962LBE1 CERTIFICATE OF DEPOSIT 249,000 220,751 1.700% 2/18/2022 2/18/2027 1,420 011852AD2 CERTIFICATE OF DEPOSIT 248,000 246,085 4.700% 3/8/2027 3/8/2027 1,438 02589ABQ4 CERTIFICATE OF DEPOSIT 245,000 219,630 2.000% 3/9/2022 3/9/2027 1,439 39573LDA3 CERTIFICATE OF DEPOSIT 245,000 220,228 2.100% 3/15/2022 3/15/2027 1,445 58404DNW7 CERTIFICATE OF DEPOSIT 248,000 228,673 2.800% 4/29/2022 4/29/2027 1,490 254673D94 CERTIFICATE OF DEPOSIT 246,000 230,438 3.200% 5/18/2022 5/19/2027 1,510 07371C6Y0 CERTIFICATE OF DEPOSIT 246,000 228,411 3.000% 6/15/2022 6/9/2027 1,531 38150VCG2 CERTIFICATE OF DEPOSIT 246,000 228,377 3.000% 6/15/2022 6/15/2027 1,537 50625LBN2 CERTIFICATE OF DEPOSIT 249,000 233,385 3.250% 6/15/2022 6/15/2027 1,537 88413QDN5 CERTIFICATE OF DEPOSIT 245,000 229,766 3.300% 8/19/2022 8/19/2027 1,602

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
89789AAG2 CERTIFICATE OF DEPOSIT 248,000 246,167 4.700% 3/10/2023 9/10/2027 1,624 32022RSY4 CERTIFICATE OF DEPOSIT 249,000 234,227 3.400% 9/14/2022 9/14/2027 1,628 52470QBV5 CERTIFICATE OF DEPOSIT 249,000 235,168 3.500% 9/23/2022 9/23/2027 1,637 530520AB1 CERTIFICATE OF DEPOSIT 249,000 244,105 4.400% 1/17/2023 1/17/2028 1,753 1204 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 4/24/2018 4/24/2023 24 1281 CERTIFICATE OF DEPOSIT 250,000 250,000 2.800% 5/14/2018 5/14/2023 44 1282 CERTIFICATE OF DEPOSIT 250,000 250,000 3.000% 6/21/2018 6/21/2023 82 1283 CERTIFICATE OF DEPOSIT 250,000 250,000 1.591% 5/12/2020 5/12/2023 42 1285 CERTIFICATE OF DEPOSIT 250,000 250,000 2.650% 4/29/2018 4/29/2023 29 1286 CERTIFICATE OF DEPOSIT 250,000 250,000 3.100% 6/25/2018 6/25/2023 86 1303 CERTIFICATE OF DEPOSIT 250,000 250,000 1.100% 4/16/2021 4/16/2024 382 1309 CERTIFICATE OF DEPOSIT 249,000 249,000 1.800% 2/14/2022 2/14/2027 1,416 1311 CERTIFICATE OF DEPOSIT 250,000 250,000 3.200% 6/23/2022 6/23/2027 1,545 1314 CERTIFICATE OF DEPOSIT 249,000 249,000 2.000% 7/21/2022 7/20/2024 477 1316 CERTIFICATE OF DEPOSIT 250,083 250,083 2.750% 10/6/2022 4/6/2024 372 1317 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 12/13/2022 12/13/2027 1,718 1319 CERTIFICATE OF DEPOSIT 250,000 250,000 0.800% 5/3/2022 5/3/2023 33 1320 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 9/12/2018 9/12/2023 165 1324 CERTIFICATE OF DEPOSIT 249,000 249,000 3.350% 1/11/2019 1/11/2024 286 1326 CERTIFICATE OF DEPOSIT 276,566 276,566 3.500% 1/29/2019 1/29/2024 304 1327 CERTIFICATE OF DEPOSIT 245,000 245,000 3.500% 2/28/2019 2/28/2024 334 1328 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 3/22/2019 3/22/2024 357 1329 CERTIFICATE OF DEPOSIT 249,000 249,000 3.210% 4/9/2019 10/9/2023 192 1330 CERTIFICATE OF DEPOSIT 248,960 248,960 3.200% 5/24/2019 5/24/2024 420 1331 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 5/7/2019 5/7/2024 403 1332 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 6/4/2019 6/4/2024 431 1334 CERTIFICATE OF DEPOSIT 250,000 250,000 3.050% 7/31/2019 7/31/2024 488 1335 CERTIFICATE OF DEPOSIT 249,000 249,000 2.810% 9/11/2019 9/11/2024 530 1336 CERTIFICATE OF DEPOSIT 249,000 249,000 2.800% 9/17/2019 9/17/2024 536 1337 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 11/1/2019 11/1/2024 581 1338 CERTIFICATE OF DEPOSIT 268,277 268,277 2.720% 10/15/2019 10/15/2024 564 1339 CERTIFICATE OF DEPOSIT 263,480 263,480 2.250% 12/26/2019 12/26/2024 636 1340 CERTIFICATE OF DEPOSIT 249,000 249,000 2.400% 12/5/2019 12/5/2024 615 1341 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/8/2020 1/8/2025 649 1342 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/17/2020 1/17/2025 658 1343 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/24/2020 1/24/2025 665 1344 CERTIFICATE OF DEPOSIT 249,000 249,000 1.100% 11/18/2020 11/18/2023 232 1345 CERTIFICATE OF DEPOSIT 252,883 252,883 3.150% 6/9/2022 6/9/2027 1,531 1346 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 6/21/2022 6/21/2027 1,543 1347 CERTIFICATE OF DEPOSIT 249,000 249,000 3.320% 7/21/2022 7/21/2027 1,573 1348 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 7/20/2022 7/20/2027 1,572 1349 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 8/30/2022 3/1/2026 1,066 1350 CERTIFICATE OF DEPOSIT 249,000 249,000 3.800% 10/28/2022 10/28/2025 942 1351 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 11/28/2022 11/28/2024 608 1352 CERTIFICATE OF DEPOSIT 249,000 249,000 4.650% 11/28/2022 11/28/2023 242 1353 CERTIFICATE OF DEPOSIT 249,000 249,000 5.150% 12/12/2022 12/12/2027 1,717 1354 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 12/22/2022 12/22/2025 997 1355 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 2/2/2023 2/2/2024 308 TOTALS $ 146,970,831 $ 142,403,947

WEIGHTED
WEIGHTED AVERAGE RATE OF EARNINGS % OF LIQUID AVERAGE

ONE YEAR HISTORY CURRENT PORTFOLIO DAYS TO
3/31/2022 6/30/2022 9/30/2022 12/31/2022 3/31/2023 HOLDINGS MATURITY

1.274% 1.588% 2.095% 2.622% 2.988% 28.300% 818
Comments:

Portfolio holdings as of March 31, 2023, are in compliance with the current Investment Policy. With 28.3% of the portfolio being held in liquid instruments, the cash needs of the City will be met. The next portfolio report will be calculated for the second calendar quarter ending June 30, 2023, and will be presented during the August 1, 2023 Council meeting.

Item No. 12.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Community Civic Event - Tulare County Junior Livestock Show and Community Fair - Porterville Fair - May 17-21, 2023
SOURCE: Finance
COMMENT: The Tulare County Jr. Livestock Show and Community Fair ("Fair") is requesting approval to set up this year's carnival on the City's ten (10) acre site adjacent to the fairgrounds during the annual Porterville Fair, from Wednesday, May 17, 2023 to Sunday, May 21, 2023.

At its meeting on April 15, 2014, the City Council approved the Fair Board's request to allow patrons of the fair to purchase and consume alcoholic beverages outside the established adult refreshment area (beer garden), authorizing the Police Chief to work directly with the Fair. Exhibit B incorporates the conditions and requirements of the Porterville Police Department for the establishment of a beer garden and the sale and consumption of alcoholic beverages inside and outside the confines of the beer garden.

This request is submitted in accordance with the Community Civic Events Ordinance No. 1526, as amended. The application has been routed according to Ordinance regulations and reviewed by all of the City Departments involved.

All requirements are listed on the attached Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from the Tulare County Jr. Livestock Show and Community Fair, to hold the Porterville Fair from May 17 to May 21, 2023, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, and Outside Amplifier Permit
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Item No. 12.

Final Approver: John Lollis, City Manager

Item No. 13.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Community Civic Event - Porterville Area Coordinating Council - Sports Cuts Barber Battle - May 7, 2023
SOURCE: Finance
COMMENT: The Porterville Area Coordinating Council is requesting approval of the 'Sports Cuts Barber Battle' event on Sunday, May 7, 2023 from 10:00 AM to 7:00 PM.

The event will feature battles between barbers and intends to raise funds to send young people to barber college. The event will be held at the City parking lot adjacent to 41 N. Main Street.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from the Porterville Area Coordinating Council to hold the Sports Cuts Barber Battle on May 7, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, and Outside Amplifier Permit
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Amendment to Employee Pay & Benefit Plan - Porterville City Firefighters Association
SOURCE: Administrative Services
COMMENT: Within the scope of the Meyers-Milias-Brown Act, City representatives have concluded labor negotiations with the Porterville City Firefighters Association (PCFA). City representatives and PCFA have reached an agreement, and a written Memorandum of Understanding (MOU) has been executed restating current benefits as well as amendments pertaining to wages, benefits and working conditions.

City Council acceptance and approval of an executed MOU is most commonly demonstrated by Council authorization to change or amend, when applicable, those documents that are necessary to implement the points of agreement contained in the MOU.

RECOMMENDATION: That the City Council approve the draft Resolution amending the Employee Pay and Benefit Plan pertaining to the Porterville City Firefighters Association employees.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager

Page 1 of 4 ends

RESOLUTION NO. ___-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE AMENDING THE EMPLOYEE PAY AND BENEFIT PLAN

PERTAINING TO PORTERVILLE CITY FIREFIGHTERS ASSOCIATION EMPLOYEES WHEREAS, the City Council has determined and reiterated that an Employee Pay and Benefit Plan, Classification Plan, Personnel System Rules and Regulations, Health Plan and Retirement Plan are essential for the proper administration of the City’s affairs, including employee recruitment and retention, and for proper supervision of City Employees; and WHEREAS, the City Council recognizes the necessity of amending and/or changing the contents of such plans and regulations from time to time, and of executing instruments to implement and to keep the provisions thereof current, and to maintain the relevancy of the same; and
WHEREAS, there has been concurrence on a Memorandum of Understanding with the Porterville City Firefighters Association (“PCFA”) for the period from July 1, 2023, through June 30, 2025, covering provisions to amend the Employee Pay and Benefit Plan, as they relate to employees holding positions represented by such recognized employee organization.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the Employee Pay and Benefit Plan for employees holding positions represented by the aforementioned recognized employee organization, is hereby amended as follows:

I. TERM
Two (2) years, from July 1, 2023 through June 30, 2025.

II. SALARY
Effective July 1, 2023, PCFA employees shall receive a ten percent (10%) salary increase.

Effective July 1, 2024, PCFA employees shall receive a five percent (5%) salary increase.

III. CERTIFICATION PAY
Effective July 1, 2023, PCFA employees are eligible for certification pay for the following certifications:
5% Instructor 1 Certification or Fire and Emergency Services Instructor 1 Certification

2.5% Hazmat Specialist Certification

2.5% Hazmat Technician Certification
Certification Pay will be capped at 12.5%
Resolution No. __-2023

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IV. SPECIALTY PAY
Effective July 1, 2023, PCFA employees are eligible for specialty pay for the following assignments:
2% Assignment to Fire Investigation Unit (FIU)
• Must complete all classes required to initiate a fire investigator task book through the State Fire Marshal Office within 18 months of appointment. 5% Fire Investigator Certification and member of FIU
To the extent permissible by California law, payment of Specialty pay to a PCFA employee shall be suspended in the event the employee is off duty for any reason, including for a work-related or non-work-related injury, for a period of time of sixty (60) days or longer. At such time as the employee returns to work, the applicable Specialty Pay shall be reinstated effective as of the date of return to active duty. Employees assigned to light duty may continue receiving the Specialty Pay if they are able to perform the specialty assignment based on their medical restrictions.

V. EMPLOYEE SERVICE AWARDS
Effective July 1, 2023, the Employee Service Awards section for PCFA of the City of Porterville Employee Pay & Benefit Plan (Section III (P)), shall be amended as follows:

In an effort to retain and reward existing employees for their loyal continuous service, and to effectively attract and recruit new employees to the City of Porterville, all regular full-time employees and part-time employees who work 1560 hours or more annually, shall be eligible to receive Employee Service Awards for continuous years of service to the City of Porterville, as follows:

Years of
Continuous Service Award Amount
5 $5,000
10 $5,000
15 $5,000
20 $5,000
25 $5,000
30 $5,000
35 $5,000
40 $5,000
Payments shall be made to employee during the quarter in which the employee’s anniversary date falls, in five year increments as identified above. Employee must work the full five year increment to be eligible for said pay.

Only continuous, uninterrupted service with the City of Porterville is eligible for award.

Should an employee leave the service of the City of Porterville and then subsequently return, the employee’s years of service shall reset to zero.

Resolution No. __-2023

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Service as a probationary employee is eligible. Part-time employees who work twelve (12) months per year, for a minimum of 1560 hours annually in consecutive years for continuous years of service are eligible.

Employees with at least five (5) continuous years and up to forty (40) continuous years of service with the City of Porterville as of July 1, 2023, will be acknowledged and eligible to receive their Employee Service Award effective the pay-period after July 1, 2023, or as soon thereafter as possible.

Subsequent to the initial payments made pursuant to this amended Employee Service Award benefit, payments shall be made on a quarterly basis as defined herein.

VI. HOLIDAYS
Effective July 1, 2023, Section III (F) of the Employees Pay & Benefit Plan shall be amended for PCFA to add Martin Luther King Day as a recognized municipal holiday for which city offices shall be closed.

VII. VACATION SCHEDULING LANGUAGE
Effective July 1, 2023, amend the last paragraph in the section “Vacation/Vacation Scheduling” of the MOU to the following:

Subsequent, supplemental vacation requests may be made throughout the year.

Supplemental vacation requests will allow for 2 personnel to be off on vacation at any given time. Such requests shall be submitted not more than 30 days, and not less than 48 hours, prior to the date of the requested vacation. Emergency vacations may be granted on a case-by-case basis, with the approval of the Chief or his designee.

VIII. UNIFORM ALLOWANCE
Effective July 1, 2023, the Department’s Uniform and Safety Equipment Allowance shall be paid in 24 equal installments.

IX. 2025/2026 NEGOTIATIONS
Labor Negotiations for the 2025/2026 fiscal year shall begin no later than March 1, 2025.

X. STATEMENT OF CONTINUING BENEFITS AND WORKING CONDITIONS All other terms and conditions previously negotiated and subsequently approved and implemented by appropriate authority shall, unless herein expressly modified or eliminated, remain in full force and effect until such time as they are subsequently modified or eliminated through the meet and confer process and mutually agreed upon by the City and PCFA.

BE IT FURTHER RESOLVED that the Mayor of the City of Porterville is hereby authorized to execute those documents as are necessary to implement the provisions hereof.

PASSED, APPROVED AND ADOPTED this 2nd day of May, 2023.

Resolution No. __-2023

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____________________________________
Martha A. Flores, Mayor
ATTEST:

John Lollis, City Clerk
By: ______________________________
Fernando Gabriel-Moraga
Deputy City Clerk
Item No. 15.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Resolution Approving One-Time Flood Fight Hazard Pay for Applicable Exempt Employees
SOURCE: Administrative Services
COMMENT: As the City Council is aware, California has endured repeated atmospheric river storm events that have produced significant precipitation in the Sierra Nevada and on the valley floor, affecting Porterville and the surrounding region. These recent storm events have caused historic flooding and continue to threaten the flooding of the Tule River and Porter Slough.

In recognition of the tireless work staff has undertaken to ensure the safety of Porterville residents and successfully defend the city against the threat of flooding, the Council voiced interest in compensating those employees who were not eligible for overtime pay with time and one-half for the hours worked in “flood fight” which were above and beyond the employees’ normal regular shift during the time of March 1 through April 15, 2023. It is estimated that this one-time pay shall cost approximately $130,000 and will be funded primarily out of the General Fund. A draft Resolution is provided for Council's consideration.

RECOMMENDATION: That the City Council approve the draft resolution approving onetime flood fight hazard pay for applicable employees in Management and Confidential Series and Unrepresented
Management Employees.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager

Page 1 ends

RESOLUTION NO. ___-2023

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE APPROVING ONE-TIME

FLOOD FIGHT HAZARD PAY FOR APPLICABLE EXEMPT EMPLOYEES

IN MANAGEMENT & CONFIDENTIAL SERIES

AND UNREPESENTED MANAGEMENT
WHEREAS, the City Council has determined and reiterated that an Employee Pay and Benefit Plan, Classification Plan, Personnel System Rules and Regulations, Health Plan and Retirement Plan are essential for the proper administration of the City’s affairs, including employee recruitment and retention, and for proper supervision of City Employees; and WHEREAS, the City Council recognizes the necessity of amending and/or changing the contents of such plans and regulations from time to time, and of executing instruments to implement and to keep the provisions thereof current, and to maintain the relevancy of the same; and
WHEREAS, in March and April 2023, California has endured repeated atmospheric river storm events that have produced significant precipitation in the Sierra Nevada and on the valley floor, affecting Porterville and the surrounding region. These storm events have caused historic flooding and continues to threaten the flooding of the Tule River and Porter Slough; and WHEREAS, City staff worked tirelessly to ensure the safety of Porterville residents and successfully defended and continues to defend the City against the threat of flooding; and WHEREAS, in recognition of staff’s work, the City Council desires to compensate those employees who are not eligible for overtime pay for the hours worked in “flood fight” which were above and beyond the employees’ normal regular shift; and WHEREAS, there has been concurrence on a Side Letter Agreement memorializing a one-time flood fight hazard pay.

Resolution No. ___-2023

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

Eligiblity:

Eligible employees shall be those specific unrepresented management employees and Management and Confidential Series Employees who are classified as Exempt for purposes of overtime, and who worked in flood fight activities, for which that work time was in excess of the employees’ normal regular shift.

Applicable Pay Periods:

Applicable pay periods shall be: March 1 – 15, 2023; March 16 – 31, 2023; and April 1 – 15, 2023
Hazard Pay:

Eligible employees shall receive hazard pay of time and one-half for hours worked in flood fight in excess of the employee’s normal regular shift.

All other terms and conditions previously negotiated and subsequently approved and implemented by appropriate authority shall, unless herein expressly modified or eliminated, remain in full force and effect until such time as they are subsequently modified or eliminated through the meet and confer process and mutually agreed upon by the City and bargaining units.

BE IT FURTHER RESOLVED that the Mayor of the City of Porterville is hereby authorized to execute those documents as are necessary to implement the provisions hereof.

PASSED, APPROVED AND ADOPTED this ____ day of May, 2023. ____________________________________
Martha A. Flores, Mayor
ATTEST:

John Lollis, City Clerk
By: ______________________________
Fernando Gabriel-Moraga, Deputy City Clerk
Item No. 16.

CITY COUNCIL AGENDA – MAY 2, 2023
SUBJECT: Status and Review of Local Drought Emergency
SOURCE: City Manager's Office
COMMENT:

At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of April 18, 2023, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

Governor Brown issued Executive Order B-29-15 on Wednesday, April 1, 2015, which established drought-related mandates and restrictions in addition to those already stipulated in previous Executive Orders B-26-14 and B-28-14. Of significance, the Governor directed the State Water Resources Control Board to impose restrictions to achieve a statewide twenty-five percent (25%) reduction in potable urban water usage through February 28, 2016, in comparison to the amount used in 2013, and with consideration given to per capita usage as a basis. The Governor further directed the Board to impose additional restrictions on commercial, industrial, and institutional properties with significant landscaping (cemeteries, golf courses, parks, schools, etc.), to also achieve a twenty-five (25%) reduction in potable water usage. Also of significance, the Board was directed to prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or micro-spray systems.

On November 13, 2015, Governor Brown issued Executive Order B-36-15, which extends emergency conservation regulations through October 2016, if drought conditions persist through January 2016. On February 2, 2016, the State Water Resources Control Board adopted extended emergency water conservation regulations, to be in effect March 1 through October 31, 2016.

The City of Porterville benefited somewhat from the extended regulations as the City's water conservation rate has been reduced from thirty-two percent (32%) to twenty-six percent (26%), due to new water connections that have been made and population served (4%), as well as a new climate adjustment factor that was considered (2%).

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 16.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.

On April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the drought state of emergency in most of California, with the exception of Fresno, Kings, Tulare and Tuolumne counties where emergency water supply and reliability projects are continuing toward addressing diminishing groundwater supplies. The Order maintains monthly reporting requirements and prohibitions on wasteful practices.

On May 31, 2018, Governor Brown signed both AB 1668 (Friedman) and SB 606 (Hertzberg), which set permanent overall targets for indoor and outdoor water consumption. The legislation sets an initial limit for indoor water use of fifty-five (55) gallons per-person per-day in 2022, reducing to 52.5 gallons perperson per-day in 2025, and finally to fifty (50) gallons per-person per-day in 2030. The amount of residential outdoor use is yet-to-be determined, but will allow for varying regional climates. In addition, a standard for water loss due to leak rates in water system pipes will be established. As an urban water provider, the City will need to submit its plan for compliance for approval by the State Water Resources Control Board.

On March 5, 2021, Secretary Vilsack of the United States Department of Agriculture federally-designated Tulare County as a primary natural disaster area due to ongoing drought conditions. On April 21, 2021, Governor Newsom issued a State of Emergency Proclamation due to drought conditions, including Tulare County. On April 27, 2021, the Tulare County Board of Supervisors adopted a Resolution Proclaiming a Local Emergency due to severe drought conditions. On January 4, 2022, the State Water Resources Control Board adopted emergency regulations to supplement voluntary water conservation.

On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4." On June 10, 2022, the State Water Resources Control Board adopted emergency regulations to prohibit the watering of nonfunctional or purely decorative grass in commercial, industrial or institutional properties with potable water. On March 24, 2023, due to atmospheric river storms during the month of March 2023, Governor Newsom issued Executive Order N-5-23 that ended the requirement that the state's largest water providers (including the City of Porterville) put in place "Level 2" of water storage contingency plans (the City of Porterville is currently in "Level 4"), as well as ended the voluntary fifteen percent (15%) water conservation target.

At its meeting on January 17, 2023, the Council considered an emergency request from the County of Tulare for assistance to Self-Help Enterprises, Inc. (SHE) in the provision of source water for the Emergency Tank Program that serves 389 residences across Tulare County where domestic wells have run dry due to continued drought. The County had been providing source water from its well at the Bob Wiley Detention Facility, north of Visalia, but the recent Item No. 16.
rainfall had caused damage and the temporary closure of the access road to the well. The Council acted to grant the County's request for emergency assistance and provide source water to SHE to continue the Emergency Tank Program, to be reviewed at its next regular meeting on February 7, 2023. On January 20, 2023, SHE began taking City water for delivery. The County later reported that the access road had been repaired and that the County source well was accessible again to SHE beginning on February 1, 2023. According to the City water meter report, approximately 111,500 gallons of water was accessed by SHE, with a corresponding cost of $350. At Council's direction, City staff has also been in contact and coordinating with the Eastern Tule Groundwater Sustainability Agency (ETGSA) in regard to source water from the ETGSA crossing over into other GSA territories and other Sub-basins (e.g. Kaweah) and addressing any potential impacts, although it is important to note that the same has been happening from the County well that is located in the Kaweah Subbasin.

Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency Item No. 16.
purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

To proceed with the connection of the new well to the City's water system and the 500 East Porterville and E. Vandalia Avenue residential units, the City Council approved modifications to the Draft Agreement between the City and County at its meeting on April 5, 2016, which the County Board of Supervisors subsequently approved at their meeting on May 10, 2016.

A Memorandum of Understanding between the State, County, and City on the East Porterville permanent water connection project was approved by the Council during a Special Meeting on Tuesday, June 21, 2016, and approved by the Board of Supervisors on Tuesday, June 28, 2016. With the approval of the MOU, the State began the permanent connection of approximately forty (40) homes that are located along existing City water mains. Subsequently, the State officially requested that the City approve the connection of an additional thirty (30) residences as part of the first immediate connections, for up to a total of seventy (70), which the Council approved at its meeting on August 2, 2016.

In regards to the new well's development and connection to the City's water distribution system, the Board of Supervisors awarded the contract for equipping and connecting the new well at its meeting on Tuesday, August 16, 2016, and construction activities commenced the week of October 10, 2016.

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.

As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the Statefunded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, twenty-three (23) of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible eight hundred (800) residences in East Porterville to the City's water system.

Item No. 16.

City staff continues to coordinate with Self-Help Enterprises and State representatives toward the extension of water mains to serve all residential properties within City limits and the city's periphery that are currently participating in the County's Household Tank Program. The two main areas of focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.

City staff conducted a pre-construction public outreach meeting with the affected residents on the status of the project on Thursday, April 4, 2019.

Council authorized the agreement with Self-Help Enterprises Inc. to provide the private residential connections at its meeting on July 2, 2019, and construction work began on the project. At its meeting on October 1, 2019, the Council accepted the public works segment of the project in the installation of water mains as complete, with Self-Help and CSET continuing to collaborate on the completion of the individual private connections and abandonment of private wells. City staff has recently been made aware that there may be a couple of additional residences whose wells are dry that are located along existing City water mains or may require further extension of water mains.

Staff is coordinating with State staff on addressing these new isolated needs.

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Item No. 16.

Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.

DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately forty-five (45) people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation with the City's water system as well.

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.

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.

ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Emergency: May 5, 2015

2. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021

3. State of California State of Emergency Proclamation: April 21, 2021

4. County of Tulare Drought Local Emergency Resolution:

Item No. 16.

April 27, 2021

5. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022

6. Governor Newsom Executive Order N-7-22: March 28,
2022

7. State Water Resources Control Board: Emergency
Regulation - Water Conservation; June 10, 2022

8. Governor Newsom Executive Order N-5-23: March 24,
2023

9. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
State of Emergency Proclamation
WHEREAS climate change is intensifying the impacts of droughts on our communities, environment and economy, and California must therefore improve drought resiliency and prepare to respond to more frequent, prolonged, and intense dry periods; and
WHEREAS much of the West is experiencing severe to exceptional drought and California is in a second consecutive year of dry conditions, resulting in drought or near-drought throughout many portions of the State; and WHEREAS these drought conditions can result in degraded water quality, fallowing of productive farmland, setbacks to vulnerable and rural communities through job losses and longer-lasting recoveries, significant impacts to tribal, commercial, and recreational salmon fisheries, constraints on access to traditional lifeways, loss of aquatic and terrestrial biodiversity, and ecosystem impacts; and
WHEREAS drought conditions vary across the State and some watersheds, including the Russian River and Klamath Basin, are extremely dry and are facing substantial water supply and ecosystem challenges; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions within the Russian River Watershed, located within Mendocino and Sonoma counties, to ensure the protection of health, safety, and the environment; and
WHEREAS experience in the last drought has demonstrated the value of preparing earlier for potential sustained dry conditions, the need to improve our monitoring and forecasting capabilities, and many other lessons that are captured in the Administration1s Report to the Legislature on the 2012-2016 Drought; and
WHEREAS the State and its many partners have strengthened drought resilience since the last drought including state investments in water management systems, implementation of the Sustainable Groundwater Management Act, establishment of the Safe and Affordable Fund for Equity and Resilience Program, development of the Administration's Water Resilience Portfolio, and continued water conservation by Californians whose current statewide urban water use is 16% lower than at the beginning of the last drought; and
WHEREAS state agencies have been actively responding to current drought conditions and preparing for the possibility of a third dry year including through convenings of the interagency drought team, which was established at my direction, to organize, focus, and track changing conditions, coordinate state agency responses, and work closely with partners across the State; and WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by the drought conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of, the drought conditions within the Russian River Watershed, and under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions of the Russian River Watershed, located within Mendocino and Sonoma counties.

NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed.

IT IS HEREBY ORDERED THAT:

1. To further the success of California's water conservation efforts and increase our drought preparedness, state agencies shall partner with local water districts and utilities to make all Californians aware of drought, and encourage actions to reduce water usage by promoting the Department of Water Resources' Save Our Water campaign
(https://saveourwater.com) and other water conservation programs.

2. To continue coordination with partners across the State for the potential of prolonged drought impacts, the Department of Water Resources, the State Water Resources Control Board (Water Board), the Department of Fish and Wildlife, and the Department of Food and Agriculture shall work with regional and local governments, including groundwater sustainability agencies, to identify watersheds, communities, public water systems, and ecosystems that may require coordinated state and local actions to address issues stemming from continued dry conditions, to ensure that we can respond to water shortages and protect people, natural resources and economic activity.

3. To continue partnership and coordination with Californian Native American tribes, state agencies shall engage in consultation, collaboration, and communication with California Native American tribes to assist them in necessary preparation and response to drought conditions on tribal lands and potential impacts to cultural and traditional resources within ancestral lands.

4. To prioritize drought response and preparedness resources, the Department of Water Resources, the Water Board, the Department of Fish and Wildlife and the Department of Food and Agriculture, in consultation with the Department of Finance, shall:
a. Accelerate funding for water supply enhancement, water conservation, or species conservation projects.
b. Identify unspent funds that can be repurposed to enable projects to address drought impacts to people, ecosystems, and economic activities.
c. Recommend additional financial support for water resilience infrastructure projects and actions for potential inclusion in the upcoming May Revision.

5. To increase resilience of our water supplies during drought conditions, the Department of Water Resources shall:
a. Work with counties to encourage reporting of household water shortages, such as dry residential wells, on the website the Department maintains for that purpose, to enable tracking of drought impacts.
b. Work with counties, and groundwater sustainability agencies as appropriate, to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner.
c. Work with agricultural water suppliers and agricultural water users to provide technical assistance, including implementation of efficient water management practices and use of technology such as the California Irrigation Management Information System.
d. Work with urban and agricultural water suppliers to encourage timely submittal by water districts and public posting of urban water management and water shortage contingency plans and
agricultural water management and drought plans.
e. Accelerate updating the land subsidence data it is providing to support implementation of the Sustainable Groundwater
Management Act.

6. To increase resilience of our water systems during drought conditions, the Water Board shall:
a. Use its authority, provide technical assistance, and where feasible provide financial assistance, to support regular reporting of drinking water supply well levels and reservoir water levels where the Water Board determines that there is risk of supply failure because of lowering groundwater levels or reservoir levels that may fall below public water system intakes.
b. Prioritize the permitting of public water systems that anticipate the need to activate additional supply wells where water quality is a concern and treatment installation needs to proceed to relieve a system's potential supply concerns.
c. Provide annual water demand data, information on water right priority, and other communications on water availability on its website.
d. Identify watersheds where current diversion data is insufficient to evaluate supply impacts caused by dry conditions, and take actions to ensure prompt submittal of missing data in those watersheds.

7. To address the acutely dry conditions in the Russian River Watershed, the Water Board shall consider:
a. Modifying requirements for reservoir releases or diversion limitations in that watershed to ensure adequate, minimal water supplies for critical purposes.
b. Adopting emergency regulations to curtail water diversions when water is not available at water rights holders' priority of right or to protect releases of stored water.

For purposes of carrying out this directive, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are suspended in the counties of Mendocino and Sonoma to the extent necessary to address the impacts of the drought in the Russian River Watershed. The Water Board shall identify the projects eligible for the suspensions pursuant to this paragraph and maintain on its websites a list of the activities or approvals for which these provisions are suspended.

8. To ensure that equipment and services necessary for drought response in the Russian River Watershed can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to procurement, state contracts, and fleet assets, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended to the extent necessary to address the effects of the drought in the Russian River Watershed, located within Mendocino and Sonoma counties. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.

9. To increase the resilience of our natural habitats to protect vulnerable species during drought conditions, the Department of Fish and Wildlife shall:
a. Evaluate and take actions to protect terrestrial and aquatic species and, wherever possible, work with water users and other parties on voluntary measures to protect species.
b. Work to improve State hatcheries and increase water use efficiency on State wildlife areas and ecological reserves to maintain habitat for vulnerable species.
c. Respond to human-wildlife interactions related to ongoing dry conditions and increase public messaging and awareness. d. Work with commercial and recreational salmon fishing and tribal representatives to anticipate and develop strategies to mitigate and respond to salmon fishery impacts, with particular emphasis on addressing impacts to salmon fisheries in the Klamath Basin.

10.To support our agricultural economy and food security during drought conditions, the Department of Food and Agriculture shall:
a. Provide technical assistance to support conservation planning, onfarm water and energy conservation practices and technologies, including augmenting the State Water Efficiency and Enhancement Program.
b. Conduct an economic analysis of drought impacts to agriculture, including land use, jobs, and rural food economies, expanding on existing research done in the last drought to include thorough regional analysis especially in the Central Valley, and in the implementation of the Sustainable Groundwater Management Act and alternative land uses for fallowed land.
c. Maintain a web page with drought resources for farmers and ranchers, including the United States Department of Agriculture and other federal and state resources.
d. Work with federal agencies to assist Klamath Basin farmers and ranchers contending with reduced water supplies.

11.To ensure the potential impacts of drought on communities are anticipated and proactively addressed, the Department of Water Resources, in coordination with the Water Board, shall develop groundwater management principles and strategies to monitor, analyze, and minimize impacts to drinking water wells.

12.To provide critical information on the different drought conditions across the State, the Department of Water Resources, in consultation with the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Water Board, shall develop a California Drought Monitor by December 31, 2021, as recommended in the Administration's Report to the Legislature on the 2012-2016 Drought.

13.To prepare for potential salinity issues in the Delta, the Department of Water Resources, in consultation with the Water Board, the Department of Fish and Wildlife, the Delta Stewardship Council, and the Central Valley Flood Protection Board, shall initiate actions necessary to prepare for and address potential Delta salinity issues during prolonged drought conditions.

14.To prepare for potential impacts of drought conditions on species, the Water Board and the Department of Fish and Wildlife shall work with federal agency partners to manage temperature conditions for the preservation of fish in the Sacramento River downstream of Shasta Dam while balancing water supply needs.

This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of alifornia t be affixed this 21st
day of ril 2021
ATTEST:

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

SEVERE DROUGHT CONDITIONS)
RESOLUTION NO. 2021-0290
WHEREAS, California's most recent drought spanning from approximately 2012 to 2018 required the proclamation of a Local Emergency by the County of Tulare from February 2014 to November 2019, as well as a Governor's State of Emergency and the combined resources of multiple local, state, and federal agencies, commercial entities, and non-profit organizations to mitigate; and
WHEREAS, over 3,000 failed or dry wells - including private domestic, community, and agricultural wells - were reported to Tulare County from 2014 to 2017 as a result of the prior drought, causing significant health, safety, and economic issues for Tulare County residents and businesses; and
WHEREAS, well over $100 million in emergency relief and permanent infrastructure projects were expended to mitigate the effects of the prior drought; and WHEREAS, a hydrological year ("water year") runs from October 1 to September 30 of the following year; and
WHEREAS, the current water year beginning October 1, 2020 is, to date, the third-driest on record, with potential to become the driest on record without significant additional precipitation which is unlikely to occur during the traditionally dry months; and WHEREAS, the United States Drought Monitor shows that 94.51 % of Tulare County is currently experiencing "Extreme Drought" (D3) conditions and the remaining 5.49% is in "Severe Drought" (D2) conditions, and the County of Tulare anticipates that these conditions will progress to "Exceptional Drought" (D4) conditions as occurred in the prior drought based on the current Southern Sierra snowpack measured at only 15% of historical average for April 1st, drastically reduced surface water allocations on the State Water Project and Central Valley Project, and correspondingly low water levels in local reservoirs ; and WHEREAS, surface water supply constraints create a demonstrable and unsustainable increase in demand for groundwater which is likely to cause additional dry wells for community water systems, private domestic wells, and agricultural wells, creating economic hardships and conditions of extreme peril to the health and safety of individuals within Tulare County requiring the combined forces of all levels of government to mitigate; and WHEREAS, California Government Code section 8630 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency; and WHEREAS, Section 1-15-1005 of the Tulare County Ordinance Code defines "emergency" to include "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [Tulare] County caused by such conditions as air pollution, fire, flood , storm , epidemic, riot, earthquake, or other conditions, ... which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of [Tulare] County, requiring the combined forces of other political subdivisions to combat"; and
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said Tulare County due to drought which has created conditions of disaster and extreme peril to the safety of persons and property within the County, and that such conditions are or are likely to be beyond the control of the services, personnel , equipment, and/or facilities of this County, thus requiring the combined forces of other political subdivisions to combat; and IT IS FURTHER PROCLAIMED that this local emergency is proclaimed pursuant to the California Emergency Services Act, California Government Code §8550 et seq.; and IT IS REQUESTED that the Governor of the State of California find and proclaim Tulare County to be in a State of Emergency, and make available any and all material and financial support and resources necessary to combat the conditions of disaster, including but not limited to California Disaster Assistance Act funding for emergency protective measures and increased funding to relevant programs of the State Water Resources Control Board and Department of Water Resources ; and
IT IS FURTHER REQUESTED that the Governor waive and all regulations and statutes that may hinder response to this emergency; and
IT IS PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of Tulare County shall be those prescribed by State law, by ordinances and resolutions of Tulare County, and by the Tulare County Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

TOWNSEND, THE FOLLOWING WAS ADOPTED BY THE BOARD OF
SUPERVISORS, AT AN OFFICIAL MEETING HELD APRIL 27, 2021 , BY THE FOLLOWING VOTE:

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

TOWNSEND
NOES: NONE
ABSTAIN : NONE
ABSENT: NONE
~~~smia~rp__e:w. "fl
ATTEST:

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.

3. There is no guarantee that winter precipitation will alleviate the current drought conditions.

4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.

8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.

These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.

9. Enforcement against water waste is a key tool in conservation programs.

When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.

10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”

12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.

13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.

2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.

3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.

5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.

6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.

AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.

Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.

In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
State of California
Office of Administrative Law
In re:

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

Title 23, California Code of Regulations
Adopt sections: 996
Amend sections:

Repeal sections:

Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2022-0606-03
OAS Makter Type: Emergency (E)
This emergency action by the State Water Resources Control Board adopts a new regulation which .requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources and to implement Level 2 demand reduction actions (actions intended to result in a 10 to 20 percent savings).

The regulation bans the irrigation of non-functional turf with potable water in commercial, industrial, and institutional. sectors and establishes that such irrigation is an infraction punishable by a fine of up to five hundred dollars for each day in which. the violation occurs pursuant to Water Code section 1058.5(d).

OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Gode. Pursuant to Water Code section 1058.5(b}, the Finding of Emergency in this matter was exempt from Office of Administrative Law Review.

This emergency regulatory action is effective on 6/10/2022 and, pursuant to Water Cade section 1058.5(c), will expire on 6/1 Q/2023. The Certificate of Compliance far this action is due no later than 6/9/2023.

Date: June 10, 2022 ~ ~~„~, ~~-,
Dale Mentink`
Assistant Chief Counsel
For: Kenneth J. Pogue
Director
Original: Eileen Sobeck, Executive
Director
Copy: Garrett Lenahan
STATE OF CALIFORNIA—OPfICEOFADMINiSTRA E~nw
NOTICE PUBLIC/~TIOIV For use by Secretary of State only ~n,
sr~.aootRev.ionor9l ~
~f1L FILE N07ICE FILE NUMBER REGULATORY ACTION NUMBEgR~ g~ ~g EMER~GEi NyC~Y NUMBER N1Jt~/I$~f~'a" ~~ e~
For use by Once of Administrative law (OAL)
~X ~ ~d ~ S7 ll ~ '~ ~ r ,~ ~ ~~~li~ ~~i" °• _ «<-~ only ~,'.;?~ bffi~e c u ~ ~.e~ ,'~;1 ~,° ~;,;. _ ~(fhv S~.~ of ~~~nmi~
~~~~ s~,~, jm~ rti r ~a-s~

NOTICE REGULATIONS

AGENCY WITH RULEMAKING AUTHORITY
State Water AGENCY FILE NUMBER (if any) Resources Control Board A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)

1. SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE

3. NOTICE TYPE - 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) ❑ Notice re Proposed ("—►
Re ulato tither `Action L_~
OAL USE ACTION ON PRppgSFD NOTICE
~~~Y HPP~oveaas
NOTICE. R_FGISTER NUMBER '. Pl!BUCATlpN bATE APp~cvyas t" DisapProvh~+~ S~bnnroea ~ MorliheU ~ Witharawn B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1a. SUBJECT OF REGULATION{S) ib. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) Water Demand Reduction Emergency Regulation

2. SPECIFY CALIFORNIA CODE Of REGULATIONS TITLES) AND SECTIONS) (including title 26, if toxics related) SECTIONS} AFFECTED A°oPT
{List all section number{s) 996
`individually. Attach aMeNo
_~cidi~a~al:_sF~eeh_6f~reeded.} __~_._ _--- ____ _._ ----_ ____ -- TITLE(S) REPEAL 23 3. TYPE OF FILING
Code
Regular
§11346)
Rulemaking {Gov. ❑Certificate of Compliance: The agency officer named ~ Emergency Readopt ~ Changes Without below certifies that this agency complied with the (Gov. Code, §11346.1 (h}) Regulatory Effect {CaL Resubmittal of disapproved provisions of Gov. Code §§11346.2-11347.3 either Code Regs., title 1, §100} or withdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§11349.3, within the time period required by statute. 11349.4) ❑File &Print ~ Print Oniy
§11346.1(b))
Emergency (Gov. Code, ~
emergency
Resubmittal
filing
of disapproved
(Gov. Code,
or
§11346.1)
withdrawn o ocher {sPe~~~> Wafer Code Section 1058.5

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. line 1, §44 and Gov. Code §11347.1)

5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d}; Cai. Code Regs., title 1, §100 ) Effective January 1, April 1, July 1, or x Effective on filing with §100 Changes Without Effective other October 1 (Gov. Code §11343.4(a)) ❑Secretary of State ❑Regulatory Effect ❑(Specify)

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE T0, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY Department of Fnance (Form STD. 399) {SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal Other {Specify)

7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADdRESS (Optional) Garrett Lenahan 916 341-5179

8. (certify
of the regulation{s)
that the attached
identified
copy
on
of the regulations) is a true and correct copy For use by Office of Administrative Law (OAL) only this form, that the information specified on this form is true and correct, and #hat I am the head of the agency taking this action, or a designee of the head of the agency, and am authori2ed to make this certification.

SIGNATURE OF AGENCY HEAD OR DESIGNEE PATE
Eric Oppenheimer °'g J.~te:20]IA6➢614:24:44 7a1ySgnedbyEncOp°~ibe -0]'00'1nef 6/612022

TYPED NAME AND TITLE OF SIGNATORY
Eric Oppenheimer, Chief Deputy Director, State Water Resources Control Board

ADOPTED EMERGENCY REGULATION TEXT
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article. 2. Prevention of Drought Wasteful Water Uses
996. Urban Drought Response Actions
~a) As used in this section:
(1) "Commercial, industrial and institutionaP' refers to commercial water users, industrial water users, and .institutional water users as respectively defined in Water Code, section 10608:12. subdivisions (e), {i ,and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests. ~2) "Common interest development' has the same meaning as in section 4100 of the Civil Code.
~3) "Community service organization or similar entity" has the same meaning as in :section 4110 of the Civi( Code.
~4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5} "Non-functional turf" means turf that is solely ornamental and not rec~ularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turF that is regularly used for human recreational purposes or for civic or community events.
(6} "Plant factor" has the same meaninct as in section 491. ~7) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (8) "Turf" has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingenc rLplan" means the plan required by Water Cade section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water su~ply and demand assessment consistent with section 10632.1 of the Water Cade no later than June 1 2022 or the effective date of this section whichever comes later, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water`Resources demonstrates an ability to maintain reliable suppix until September 30, 2023.

Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by to twenty (20) gercent (Level ~, implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier's customers, using efforts such as ema papermail, bill inserts, customer app notifications, news articles, websites, comma events radio and television billboards and social media. potable water befinreen the hours of 10:00 a.m. and 6:00 p.m.

Level 2~
(2 Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. residential customers for the year 2020 is below 55 gallons, as reported to the Board in the :Electronic Annual Report.
has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
(e) t1) To prevent the unreasonable use of water and to promote water conservation, the use: of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites.
(2~ Notwithstanding subdivision (e)(1~, the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. (3) Notwithstanding subdivision (e)(1 ~, an urban water supplier may approve a request for continued irrigation of non-functional turFwhere the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
criminal
(g) A decision or order issued under this section ~ the Board, or an officer or employee the Board, is subject to reconsideration under article 2 (commencing with section 1122) c chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 105$.5, Water Code.

References: Article X Section 2 California Constitution' Sections 4080 4100 4110 and 4185 Civil Gode~ Section 8627.7 Government Code' Sections 102 104 105 275 350

3.77, 491, 1058.5, 1122. 10608.12, 10617, 10632, and 10632.1, Water Code; Lic~hf v. Sf~ Water Resources Control Board (2Q14) 226 Cal.App.4th 1463; Stanford Vina Ranch lrrigation Co. v. State of California (20201 50 Cal.App.5th 976

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.

2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.

3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.

4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.

5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.

6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3

7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.

8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.

9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:

To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

DRINKING WATER CONSTRUCTION
LOAN
AGREEMENT NO. SWRCB0000000000D2002017
by and between
CITY OF PORTERVILLE (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the

AKIN/CENTRAL WATER CONSOLIDATION PROJECT
5410010-018C AND 5400655-001C (“Project”)
• Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.

PROJECT FUNDING AMOUNT: $4,787,664
PRINCIPAL FORGIVENESS COMPONENT: $4,787,664
ESTIMATED REASONABLE PROJECT COST: $4,787,664
ELIGIBLE WORK START DATE: JULY 1, 2016
ELIGIBLE CONSTRUCTION START DATE: SEPTEMBER 22, 2020
CONSTRUCTION COMPLETION DATE: OCTOBER 1, 2023
FINAL REIMBURSEMENT REQUEST DATE: APRIL 1, 2024
RECORDS RETENTION END DATE: OCTOBER 1, 2059
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 2 of 24 ends

Porterville City CouncilMay 2, 2023

Porterville City Council
May 2, 2023